IREFER to the article published on May 24, “Gombak Tragedy: DOSH failed to oversee compliance with safety requirements, says CAP”.
Referring to the accident at the Terminal Bas Bersepadu Gombak last week, based on our initial findings, it is not a normal falling objects case, but was caused by a combination of several aspects, including the quality of material, workmanship and skills of construction workers.
The incident was believed to be caused by a permanent structure failure, and nobody was working at the time of the incident.
There was also temporary substandard workers’ quarters built at the construction site.
Based on current legal requirements that govern the construction industry in this country, these aspects are not directly within the Department of Occupational Safety and Health’s (DOSH) jurisdiction. There are dedicated agencies to regulate these matters.
From a professional aspect, the Board of Engineers Malaysia, Institute of Engineers Malaysia, Malaysian Institute of Architects, Institution of Surveyors Malaysia, as well as financial and insurance providers, should work with government agencies to enhance occupational safety and health standards in the industry and help reduce accident rates.
Universities and academic institutions are another important partner in this respect to produce graduates with safety, health, quality consciousness in their mind.
In short, if all stakeholders, employers and employees play their part effectively, it will form layers of protection to prevent system failures that lead to substandard construction quality and safety, and subsequently cause workplace accidents.
DOSH wants to inculcate a culture of prevention and reduce the number of accidents at construction sites.
It conducted 10,917 construction site inspections last year.
Based on those inspections, 9,429 notices were issued, 740 offences were issued compounds and 113 cases were prosecuted for various safety and health offences.
In this respect, DOSH strives to intensify preventive enforcement activities in the high-risk sector by applying latest enforcement and risk control technology.
Allocation of a safety and health budget as a criterion for a contractor’s selection is another important angle to enhance health and safety holistically in this industry.
The health, safety, skills and welfare of foreign workers are other important aspects to be considered because currently, most of these workers work under intense pressure to complete the project on time, with long working hours.
It is not easy to change the attitude and perception of occupational safety and health in the construction industry.
Human behaviour is difficult to predict because people are imperfect and often make bad choices that have a negative impact on us and the community.
The industry knows that it could suffer monetary loss when workers are injured. However, some employers remain adamant about not adhering to the act to protect their workers.
The perception is simple — they think their workers will not be so “unfortunate” to be injured at the workplace, and the cost of complying with occupational safety and health requirements is high.
The Occupational Safety and Health Act (OSHA) 1994 is going to be amended soon.
Among the proposed amendments is to increase the penalty for non-compliance.
Under Section 15, OSHA 1994 states that it shall be the duty of every employer and every self-employed person to ensure, so far as can be practised, the safety, health and welfare at work of all employees.
It is the intention of the government that by implementing the amendments, workers can expect better safety at their worksites.
In the works is a higher fine for employers who fail to protect their workers from workplace risks and hazards.
The proposed amendments to OSHA 1994 will also directly affect the construction industry.
In the current situation, only contractors are held liable for any untoward on-site incidents and consultants who are involved in its structural design.
But with the introduction of the Occupational Safety and Health in Construction Industry Management (OSCHIM) provisions, all stakeholders in a project — from its conception to its completion — share the responsibility to ensure the health and safety of the entire project’s lifecycle.
In fact, under OSHCIM, the top entities in the value chain, such as the client or project owner, are held ultimately responsible as the project originators.
We must stop blaming each other and keep moving forward.
DOSH takes this opinion and recommendation positively as part of continuous improvement.
To resolve this issue holistically, we need to look at the bigger picture as safety and health in the construction industry requires serious participation from various parties.
DOSH hopes all parties — from the project owner, designer to contractor — directly comply with construction industry regulatory and standard requirements.
Other related parties, including professional bodies, training institutions, non-governmental organisations and relevant agencies, must work together to ensure that the construction industry in Malaysia is safe, healthy, productive, conducive and ready to meet stakeholders’ expectation, which is to achieve global competitiveness.
OMAR MAT PIAH
Director-general, Department of Occupational Safety and Health