KUALA LUMPUR — A coalition of trade unions and workers' groups have demanded answers from the government over what they claim is selective prosecution against companies found responsible for casualties and injuries that occur in the workplace.
In a statement, they questioned why individuals such as company directors, managers, or secretaries are spared from legal action despite provisions within the Occupational Safety and Health Act 1994 stating that office bearers can be held responsible for contravening the act.
They cited two incidents in Sabah in May last year that saw the deaths of two workers, with the victims’ employers being fined after pleading guilty to neglecting safety aspects.
“What is of concern is that no human decision-maker or owner of these companies were charged for these offences,” he wrote.
The statement noted that Section 52 of the Occupational Safety and Health Act 1994 states that when a corporate entity contravenes any provision, every person such as a director, manager, or secretary at the time of the commission of the offence shall also be deemed to be in the wrong and can be charged.
It also pointed out that action against a company’s office bearers does not have to be preceded by enforcement against their company and can be made separately.
"It must be pointed out that in a company, all decisions are made by human people, including in ensuring the safety of workers. It is absurd that only the company is charged in court, and not the human decision-makers or those responsible,” it added.
It stressed that concerns of individuals being spared legal action raise further doubts over the conduct of directors within government-linked companies, considering that these leaders are likely political appointees.
Signatories of the statement include the Workers Hub For Change, Building and Wood Workers International Asia Pacific, Aliran, Labour Law Reform Coalition, Persatuan Sahabat Wanita Selangor, Malaysians Against Death Penalty and Torture, and Malaysian Physicians for Social Responsibility, and the Network of Action for Migrants in Malaysia.
It was signed by Charles Hector and Apolinar Z Tolentino Jr. on their behalf.
The statement also noted that out of 6,686 reported cases of accidents in the workplace as of December 2021, a total of 174 turned out to be fatal, and 249 more victims ended up permanently disabled.
Additionally, it called for higher penalties for errant companies, and for such offences to be heard in the high court as opposed to the sessions court. “Blacklisting of such convicted companies and its directors may also be needed to ensure employers place the highest regard on complying with the law concerning occupational health and safety,” it added. – The Vibes, May 3, 2022
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