The Issue

Construction is one of the most dangerous land based work in Malaysia. Human Resources Minister Datuk Seri Dr Fong Chan Onn said last year December that 111 cases of accidents at construction sites were reported last year, of which 60 were fatal.

We will not forget how negligence caused the death of a management consultant at a construction site in Plaza Damas. A cement mould fell on a passing car and crushed management consultant Liew Boon Horng to death in early 2006. Barely a year later, a worker fell to his death at the same site.

Then there was another fatality last year at Pavilion Kuala Lumpur, where an overloaded gondola plunged to the ground and killed a Malaysian and Myanmar worker.

It is shocking to hear of another death at a famous Shopping Complex in Jalan Imbi (reported by Bernama 3rd March 2008). A youth fell through a nine-metre diameter hole while trying to enter an area that was undergoing renovation work on the floor. According to the Jalan Hang Tuah Fire and Rescue Department operations commander, the area did not have lighting and the youth fell to the ground floor to his death.(source: Bernama).

Dangers of Construction Sites

There a many categories of danger at a construction site. In the context of the issues highlighted above we can categorize dangers as dangers to workers and dangers to the public / civilians around and adjacent the construction sites.

Dangers to workers are is related to the nature of their work DOSH, the developer, the Construction Industry Development Board or CIDB and many others have significant roles in minimizing accidents and target zero fatality at construction sites and also in any workplace.

We fear that the statistics given by DOSH on accidents and fatalities at workplaces which excludes immigrant / foreign workers may and will distort the picture of how serious are workplace related accidents and fatalities.

Workers at construction site are exposed to hazards due to height, weight, electricity, motors, sharp moving objects, lifts, chemicals, dust, noise, confined space and many more.

Many construction sites cannot completely exclude non-workers or the public. Road construction sites must often allow traffic to pass through. Shopping complexes or other public buildings can not afford to shut down when parts of the building undergoes renovation. This places the public and non-workers at some degree of risk.

Some Public Safety Considerations at Construction Sites

The likelihood of an injury to the public is influenced by factors including:
-    proximity of the construction works to public areas (eg. adjacent residences, shopping centres etc)
-    proximity to children or others with little awareness of hazards (eg. adjacent schools, playgrounds etc)
-    the number and nature of hazards on the site
-    the duration of the construction work
-    existing perimeter fencing or other features which may be a deterrent.
and perhaps many others.

So far as practicable, at the end of each day’s work the sites are to be made safe (in event of unauthorised access by the public) by means such as –
-    backfilling excavations
-    bunting/fencing of boring pits, open excavations and similar structures
-    securing of plant and materials
-    covering of holes
-    warning signs
-    locking of access gates (fenced sites)
-    presence of a security guard if necessary
-    and any other engineering or procedural approach which is fool proof to prevent the public from having access to work sites.

Safety Standards for Public During Construction Operations

Guidelines for public safety at construction site must include preventing falling objects from harming the public by using barricades or nets; guarding the public from cranes, motor vehicles, barges or other machinery and equipment; alerting the public of loud impact noises from construction equipment; making sure that walkways near construction sites are both accessible and safe; properly storing hazardous materials and substances; assessing structures before drilling or trenching takes place; and developing emergency action plans at sites under construction.

Department of Occupation Safety and Health (DOSH), Malaysia

DOSH has developed guidelines for Public Safety and Health at Construction Sites which was aimed at serving as reference for Developers, Contractors, Engineers, Architects, Designers and Safety and Health Officers. The guidelines we have is dated 1994 and DOSH may have revised the version. In essence the guidelines cover:
-    general duties of architects, engineers and designers
-    Hoarding – fencing off buildings or sites under construction
-    Movement of vehicles and traffic
-    Utilities – disconnection
-    Demolition works
-    Blasting and use of explosives
-    Removal of debris and construction waste materials
-    Site clearing
-    Excavation work
-    Pilling
-    Superstructures - parts of a building or structure which is above the level of the adjoining ground or the level of the foundation. It includes specifications for scaffolding.
-    Finishing
-    Temporary accommodation for workers and
-    Use of lifts and escalators (or lifting equipment)

With these guidelines (if implemented) the door leading to the renovation site in the shopping complex at Jalan Imbi (mentioned above) should have been locked in the first place. If that is not the case, then the owner of the complex and / or  the lot for who the renovation work was being carried out, has not exercised duty of care.

In the case of Dr. Liew (mentioned above) only the sub-contractor's site supervisor employed by San Meng Construction for the Plaza Damas was charged in the court with manslaughter and abetment in causing the death of Dr Liew Boon Horng through negligence. Some argue that the case should involve employer's liability and occupier's liability as the site supervisor works under the direction and supervision of the sub-contractor, main-contractor and property developer. In fact, the consulting engineers and architects form part of the acts of negligence and nuisances.

Under section 17 of the Occupational Safety and Health Act (OSHA) 1994, there is a general duty by employers to the public that the public are not exposed to risks to their safety or health. Failure to do so shall contravene section 18 and attract a fine not exceeding fifty thousand ringgit or to an imprisonment for a term not exceeding two years or to both.

For a company to be fined only RM 50,000 or an imprisonment which is not mandatory of not exceeding 2 years when they have caused loss of life in an accident due to their recklessness or negligence is grossly inadequate. It is about time we bring in occupier’s liability act in Malaysia to deal with such issues given that the loss of public lives just keep recurring.

Expectations from the Malaysian Association of Standards Users

We aspire to see industries be it construction or manufacturing and others to self regulate. BUT as for now where the construction industries employ large number of foreign workers and their injuries are not accounted for in the statistics provided by DOSH and in addition to unnecessary lose of lives of civilians we seek from DOSH, the CIDB and the two Ministries under which they operate respectively to:
-    Exercise the fullest powers they (the enforcement agencies) have under the laws and regulations related to construction sites and related to occupational safety and health.
-    Develop and implement mandatory standards to audit and evaluate safety performance of construction sites and implicate developers and building owners, when unsafe sites cause injuries and fatality to the public.
-    Stop ‘protecting’ developers and owners of sites under construction. The laws should seek to punish the owners / developers instead of looking for a ‘sacrificial lamb’ like in the case of Dr. Liew to show that something is being done about the accident.  Putting the onus on developers and owners will ensure such incidents do not recur.

The Construction Industry Development Board (CIDB) (which is already carrying out many capacity building programmes for both developers and workers) MUST weave into their capacity building programmes the following:
-    rights of public to expect safety at construction sites (especially if they are present during the operations (eg in shopping complexes and around shop lots
-     social responsibility of developers and workers towards other stakeholders particularly the public and the government
-    cost of non compliance and negligence – in the form of actual case studies

CIDB and DOSH should work with organizations (normally non government) which have good out reach to the public to promote importance to identify safety issues and problems and to comply with safety standards not only for construction sites but also for other types of workplaces (such as hospitals, petrol stations etc).

Lastly, the fact that accidents at constructions sites which are reported to DOSH does not account for accidents or fatalities involving immigrant / foreign workers. The problem is that such distortion does not represent an accurate picture of the level of safety in the construction industry. We have become increasingly dependent on these foreign workers and exclusion of their data may give us a false impression that everything is just fine and dandy and no actions need to be taken with any sense of urgency.