Enforce OSH laws to end construction site mishaps

WE are seeing numerous construction mishaps, some resulting in loss of human lives, occurring in the country. Most of the fatalities involved foreign construction workers who had come to our country to earn a decent living. They end up doing 3D (dirty, dangerous and difficult) jobs which we locals often shun. Sadly, lives are lost due to negligence and the irresponsible attitude of unscrupulous construction companies.

There seems to be a lackadaisical attitude among these companies towards occupational safety and health (OSH). In the quest to increase their profit margins, they often cut corners in areas of safety and health. Some companies conveniently shift the blame of accidents and deaths among the workers to the sub-contractors when a mishap happens.

Challenges persist in the effective enforcement of OSH regulations and laws. The workforce in DOSH (Department of Occupational Safety and Health) under the Human Resources Ministry is too small for effective implementation of OSH policies and laws to oversee about 14,000 active construction sites.

This contributes to the high number of fatal occupational accidents. Poor implementation of risk management practices by the contractors and frequent breach of laws make the situation worse.

Statistics from DOSH for January to November 2018 show 143 deaths and 8,191 accidents in the construction sector. These figures are worrying because they are only cases investigated by DOSH. There are questions about workplace accidents and deaths among illegal migrant workers, but the answers remain elusive.

The government needs to investigate construction mishaps with greater seriousness and delve into the root causes. Current laws like the Occupational Safety and Health Act 1994 and Factories and Machinery Act 1967 are ineffective in preventing accidents at construction sites. When an accident occurs, the usual press statements are made by the powers that be. This is often followed by an inquiry into the causes of the accident.

When a case is tried in court, a representative from the company normally represents the organisation during the hearings. In most cases, the company gets away with a slap on the wrist. Fines imposed by the courts are such a pittance compared to the mega profits reaped by the construction companies.

Evidence gathered from accident investigations suggest that there were systematic failures in the workplace health and safety activities leading to and during a mishap.

The time has come for the government to take a firmer stand by taking the bull by the horns. The way forward is the carrot and stick approach of providing motivation to construction companies. Tax incentives could be given to companies that are aligning successfully towards occupational safety and health.

OSH laws will have to be tightened with much heavier fines and jail sentences. Nothing sharpens the mind like the prospect of spending time in jail. Recalcitrant employers or the CEOs of companies must be held criminally accountable when preventable workplace deaths or injuries occur.

In the United States, Australia and New Zealand, manslaughter charges have been filed against employers or employees when deaths occur at the workplace due to gross negligence.

The construction industry is one of the country’s significant economic pillars. It is viewed as a driver to improve our global competitiveness. However, the numerous construction site mishaps leading to occupational accidents resulting in deaths or injuries do not augur well for the construction industry as far as safety and health are concerned. In addition, the living conditions and death of many foreign workers in this sector is a real conundrum for advocates of OSH.

Contractors must be more committed to implementing OSH practices. This entails them to adopt the concept of hazard identification, risk assessment and risk control (HIRARC).

The government must have the political will to act decisively to improve the working conditions and work culture at construction sites.

PROF DR G. JAYAKUMAR

Professor of Occupational Health

Faculty of Medicine

Melaka Manipal Medical College