GEORGE TOWN: Yuta Maju Sdn Bhd, the main contractor of the Bukit Kukus paired roads project, was fined RM22,000 by the Sessions Court here today after changing their plea to guilty.
The company pleaded guilty to failing to prepare a safety work procedure for lifting activities using a crane, which resulted in falling beams from Span 6, on Oct 11 two years ago.
For the offence, the company was charged under Section 15(1) of the Occupational Safety and Health (OSH) Act 1994 and can be penalised under Section 19 of the same Act.
The company also pleaded guilty to failing to appoint a competent safety and health officer at the project site, an offence under Section 29 (2) of the OSH Act 1994, which can be penalised under Section 29(5) of the same Act.
The company's director Osmera Mamat listened to both the charges and pleaded guilty, overturning the plea he made last year, when the company was charged for the same offences.
Counsel S. Kanesh represented the company while prosecution officer from the Department of Occupational Safety and Health (DOSH) Mohd Najib Anuar prosecuted.
The case was heard before Judge Mazdi Abdul Hamid.
In mitigation, Kanesh told the court that this was the first time such an incident was recorded under the company's name and the incident did not result in any casualties.
"The incident occurred due to strong winds at the time. A supervisor was also at the site.
"I request the court to impose a lower fine," he said.
Mohd Najib, however, asked the court for a fair punishment to serve as a lesson to the company and other employers to avoid similar circumstances in future.
He said that the company should have ensured safety compliance and procedure while analysing the risk before undertaking such work.
"The company should have also ensured the safety and health of the worksite is guaranteed," he said.
Mazdi imposed an RM20,000 fine for the first charge. If they fail to pay, they could face two months’ jail for the first charge.
For the second charge, the company was fined RM2,000 and could face two weeks imprisonment if they fail to pay the fine.
Meanwhile, the company and the project manager Lai Sin Kian claimed trial to two separate amended charges at the court.
The company, represented by Osmera, is accused of failing to ensure safety by not providing engineering calculations from an accredited engineer for earth backfill works for a temporary slope, which resulted in the landslide on Oct 19, 2018.
Lai is also charged for the same offence under Section 15(1) of the OSH Act 1994.
Both pleaded not guilty to the charges.
Kanesh requested the trial to be fixed on Feb 19 as the client needed more time to prepare for the case.
DOSH's prosecution officer Norliza Abu Othman, who prosecuted, did not object to it.
Mazdi then fixed the requested date for trial.
The Penang Island City Council (MBPP) had appointed Yuta Maju as the main contractor for the RM545.6 million highway project.
On Oct 11 two years ago, a crane was lifting items at the project site when it swayed and hit a beam, which then fell at a nearby site.
A major landslide followed over a week later on Oct 19, which claimed the lives of nine foreigners and injured four others.
A stop-work order was initially issued for the project by the MBPP and DOSH while investigations were carried out by various parties including the state government.