Employer Fined RM30,000 for Failing to Ensure Employee’s Safety

Yesterday, the Sessions Court fined a Japanese manufacturing company RM30,000 for negligence, which resulted in its employee's death. The victim was killed while repairing the company's machine, two years ago. 

The company's human resource manager represented it and pleaded guilty when the charge was read to him before Judge Effandi Nazila Abdullah.

Based on the charge sheet, the company was accused of failing to provide training to its employees in the injection moulding process, which resulted in the employee's death. 

The employer was charged under Section 15(2)(c) of the Occupational Safety and Health Act 1994, which carries a maximum of RM50,000 fine and two years of imprisonment. 

Earlier, attorney R. Maran who represented the company, appealed for a lenient sentence. He said that the company has been operating for over 30 years, and it views the incident seriously. He added that the company came forward and compensated the victim's family to lessen their burden.

However, prosecuting officer Idris Abdul Rahman from the Department of Occupational Safety and Health (DOSH) pressed for a deterrent sentence. He said that the case involved public interest, and the incident should serve as a lesson.

OSHA was enacted with the intent to ensure the safety, health and welfare of all persons at all places of work.

More about Section 15 of OSHA

Section 15 is a crucial section in OSHA, and it provides for the general duties of employers and self-employed persons towards their employees. 

Under Section 15, employers and self-employed persons must ensure the safety, health and welfare at work of all their employees, as long as it is practicable.

Section 15 provides:

(1) It shall be the duty of every employer and every self-employed person to ensure, so far as is practicable, the safety, health and welfare at work of all his employees. 

This subsection provides for each employer to ensure the safety, health and welfare of all employees while working in the workplace provided by them.

Section 15(2)(c) states:

(c) the provision of such information, instruction training and supervision as is necessary to ensure, so far as is practicable, the safety and health at work of his employees

The employer's duties in this subsection are to provide necessary information, training, instruction, and supervision to ensure the employees' safety and health at work.

Sources: BERNAMA, DOSH

Articles that might interest you 
What You Need to Know About Program Subsidi Upah (PSU) 4.0
What You Need to Know About EPF's i-Saraan
EPF Launches Two Initiatives to Help Employers Manage Cash Flow