Charge construction firm directors for Suke deaths - labour groups

 

The directors of a construction company should be slapped with criminal charges instead of merely fined RM45,000 for negligence in an incident that led to the death of three construction workers from China last year, says labour rights groups.

Three Chinese workers were killed, and a motorist was seriously injured following an incident on March 22, 2020, after a launching gantry toppled over at the Suke Elevated Highway construction site near Puncak Banyan, Persiaran Alam Damai, in Cheras, Kuala Lumpur.

In a statement today, a coalition of labour rights groups called on the government to charge the directors of Zhongshi International Sdn Bhd with culpable homicide not amounting to murder.

Group spokesperson Charles Hector said it was absurd to merely charge a company as it were the directors, officers, and owners that dictated its operations and directions.

He said this only results in a company paying fines while the actual culprits get off scot-free.

"We, the undersigned 19 groups and organisations, are appalled that no director or officer of Zhongshi were charged for causing the death of three migrant workers and seriously injuring another (motorist).

"Since the company has already pleaded guilty, we now demand that the directors, manager and other officers be charged, tried and sentenced in court," he said.

Hector said that not taking the necessary measures to ensure workers' safety despite knowing that failures can cause deaths and injury is a serious offence that ought to be punished.

"If a construction company chose not to do the needful, maybe by a selfish reason of saving monies or effort, then when a worker is killed as a consequence of this failure, then this may no more be simply an accidental death or even death by negligence, but should be culpable homicide not amounting to murder," he said.

Zhongshi International Sdn Bhd was charged under Section 15(1) of the Occupational Safety and Health Act 1994 (OHSA), which is punishable under Section 19 of the same Act and carries a maximum fine of RM50,000 or imprisonment of up to two years or both, upon conviction.

The company pleaded guilty when the charge was read to him before Sessions Court judge Emilia Kaswati Mohamad Khalid on Nov 3.

Prison terms and higher fines

Hector also urged the government to expedite the amendments to the OSHA act.

"The Occupational Safety and Health (Amendment) Bill 2020 tabled in November last year was just passed on Oct 27 in Dewan Rakyat.

"It has yet to be tabled and passed at the Senate. The amendment will increase the maximum fine from RM50,000 to RM500,000. We urge the government to expedite this amendment to the OSHA Act and speedily put it in force," he said.

He also said the maximum fine for occupational safety and health offences need to be much higher, at least RM1 million, with even much higher fines and prison sentences if injury or death is caused by a workplace incident.

"We call for the provision for higher penalties in the event that a worker is injured, and worse killed by reason of non-compliance of an occupational safety and health law.

"In some jurisdictions, the offence of 'corporate manslaughter' has been introduced.

"We also call for the abolition of the availability of compounds if the offence caused injury or death to workers or others," he said.

The following groups jointly signed the statement:

Aliran

WH4C (Workers Hub For Change)

Building and Wood Workers International (BWI) Asia Pacific Region

Banglar Manabadhikar Suraksha Mancha (MASUM)

China Labour Bulletin(CLB), Hong Kong

Haiti Action Committee

International Black Women For Wages For Housework

MADPET(Malaysians Against Death Penalty and Torture)

Malay Forest Officers Union (MFOU)

National Union of Transport Equipment and Allied Industries Workers (NUTEAIW)

Network of Action for Migrants in Malaysia (NAMM)

North South Initiative

Odhikar, Bangladesh

Parti Rakyat Malaysia(PRM)

Persatuan Sahabat Wanita Selangor

Sabah Timber Industry Employees Union (STIEU)

Safety and Rights Society, Bangladesh

Union of Forest Employees Sarawak (UFES)

Women Of Color/Global Women's Strike

- Mkini