Court metes out maximum fine of RM50,000 on company for failing to ensure workers safety

Judge Rofiyah Mohammad meted out the fine on HAB Construction Sdn Bhd, represented by its director, Haw Wei Sheng, 32, after finding the company guilty.

She ordered the company to pay the fine today.

HAB Construction Sdn Bhd was charged with failing to ensure as far as is practicable, the safety, health and welfare, while at work, of all its employees which resulted in a fatal accident involving an Indonesian employee, Matrais, 38, during the operation of the tower crane .

Matrais was killed when the tower crane fell on him. The incident also left three other workers injured. They are Sudami (Indonesia), 50; and two Bangladeshi nationals, Toffazal Hossain, 41, and Raja Miah, 33.

The incident occurred at a proposed mixed development site at Persiaran Multimedia, Section 7, here at 10.30 am on Jan 2, 2018.

The charge was framed under Section 15 (1) of the Occupational Safety and Health Act 1994 and punished under Section 19 of the same act which provides for a maximum fine of RM50,000 or imprisonment up to 20 years or both, upon conviction.

In mitigation, the company, represented by lawyer Arif Asyraf Mohd Khairi, said his client had paid compensation of RM10,000 to the family of the deceased, as well as bore the expenses in sending the remains to Indonesia, and covered the medical treatment of the three injured workers while they were in hospital.

Also representing the company were lawyers Mohd Khairul Brian and Muhamad Syah Azlan, while the prosecution was represented by prosecuting officers from the Selangor Department of Occupational Safety and Health Mohd Nizam Teh Kamaruddin, Maizura Yusof and Mohd Khairi Mohd Yatim.