Malaysia

RM50,000 much too low a fine for lost lives: MTUC

Govt should go for max penalty of half mil, says vice-president

Updated 4 years ago · Published on 25 Jan 2022 1:30PM

RM50,000 much too low a fine for lost lives: MTUC
Malaysian Trade Union Congress vice-president Matkar Siwang says companies involved in safety negligence should be blacklisted to help prevent deadly cases of safety negligence from recurring. – File pic, January 25, 2022

by Rene Cheng

KUALA LUMPUR – Are RM50,000 and RM35,000 too low as penalties for safety negligence that resulted in the death of two foreign workers? Two union stalwarts said they are, considering the cost of human lives.

Malaysian Trade Union Congress (MTUC) vice-president Matkar Siwang told The Vibes that the penalties are not appropriate for the severity of the incident. 

“RM50,000 is a low fine for a loss of lives. The government should apply pressure and go for the current maximum fine of RM500,000. 

“If the government can press for the maximum fine, it will create fear among employers.”

Additionally, he said that he believes companies involved in safety negligence should be blacklisted to help prevent incidents such as this from recurring.

Meanwhile, MTUC general council member A. Balasubramaniam said similar calls were made over the years for the government to amend the law to increase the penalty. 

He also agreed that RM50,000 was too light a fine when lives are involved.

“A life was involved, what is RM50,000?

“If the fine was RM500,000, the companies will likely fork up some money to improve working conditions at their premises.”

Lumut Maritime Terminal Sdn Bhd and Mardec Processing Sdn Bhd were fined RM50,000 and RM35,000 respectively after they were found guilty under Section 15(1) of the Occupational Safety and Health Act 1994. 

In Lumut Maritime Terminal’s case, it involved the death of a Bangladeshi worker, Kamal Hossein, 42, on July 17, 2019 at the Lekir Bulk Terminal jetty in Seri Manjung, Perak.

The court found that his death was due to the failure to guarantee a fall arrest system for scaffolding works. 

Meanwhile, in Mardec Processing’s case, Bangladeshi worker Md Milion Sheikh, 32, was hit by a forklift on April 4 last year. 

The company was found to have failed to ensure a safety system for forklift driving activities. – The Vibes, January 25, 2022

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