UNIVERSITI MALAYSIA PAHANG FACULTY OF TECHNOLOGY ASSIGNMENT TYPE: INDIVIDUAL COURSE CODE: BPS 1113

STUDENT NAME: NUR AMIRAH NABILAH BT MOHD SAKERI MATRIC NO: PA13062 LECTURER NAME : EN WAN NAZRUL HELMY B WAN MOHD ZAIN ___________________________________________________________________ TITLE: A EMPLOYEE LOCAL CITIZENS HAVE DEATH DUE TO CRUSHED BY FORKLIFT Sinar Harian newspaper letter that dated Jun,15 2013 years ago had reported a labour foreign man aged 34 was killed when forklift driven by him overturned at the work place in Taman Nesa about 12.30 pm Wednesday, June 15, 2013 hath ago. Understood when accident happen, victim that working alone is reverse the forklift. However forklift fate are working against him when machinery involve loss of control when through uneven road surface and suddenly overturned cause victim thrown go out. More poignant forklift driven by victim crushed him from level chest until foot. The incident only realised by other employee after 20minutes. Then, they extricate the victim before send him to Kulim Hospital. However victim has been confirmed dead once arrived in emergency unit. According to inspection report by doctor was find out, victim broke rib and the both split foot. More staggering, result of police interrogation, victim have no licence to handle heavy machine.

Therefore, Occupational Safety and Health legislation is established to ensure the safety, health and welfare of persons at work against risks to safety or health arising from the activities of persons at work. Occupational safety and health is an area that aims to protect the safety and health of workers. Workplace safety is an important aspect of an organization of the company. The government has taken the necessary steps to introduce the Occupational Safety and Health Act of 1994 on February 25, the main 1994.

For the government, the Department of Occupational Safety and Health (DOSH ) is a department that was created to address the problems associated with all forms of accidents that occur in the workplace. DOSH course is a department that is concerned about the safety of workers, both in the construction industry or other industries in Malaysia . To achieve the mission and goals of ensuring the safety and health of workers at work is always guaranteed, and it was responsible Dosh achieved through the formulation of standards, enforcement, promotion and provision of advisory services in addition to receiving a complaint or report of an accident at work , whether involving fatal accidents, temporary or permanent disability. Of the complaints received, the dosh will take or impose strict action against the parties involved in the accident that occurred and to examine the causes of the accident so that similar incidents do not recur. In line with the vision of dosh to" be a dynamic organization that leads and create a culture of safe and healthy working towards improving the quality of working life" .

Based on this accident case, company can be sued under the Section 15 (1), Occupational Safety and Health Act of 1994.Refer to section 15 (1), is about general duties of employers and self-employed persons to their employees. Section 15 is one the most important in the Act. It states the general duties of employers and self-employed person to

their employees. Section 15 (1) written it shall be the duty of every employer and every selfemployed person to ensure, so far as is practicable, the safety, health and welfare at work of all his employees. This subsection provides for the duty of every employer to ensure safety, health and welfare at work of all his employees. However in carrying out this duty the terms so far as is practicable have been used. The question of practicability must take into account the severity of the risk in question, knowledge about the risk and ways to remove or reduce it, the availability and suitability of ways as well as costs to remove or reduce it. The level of knowledge that is to be expected of the employer and self-employed person has to be reasonable. The cost must commensurate with the expense and inconveniences which may be caused in the process of placing the safeguards in place and measured against the consequences of failing to do so. Common practise and knowledge throughout the industry is to be taken into account when making any judgment of whether a safeguard is 'practicable'. Further guidance on 'practicable' standards any ways to achieve them can be obtained from applicable regulations, approved industry codes of practice and guidelines relevant to the particular work or industry.

Some accidents that happen are causal and effect. Accident is defined as the reference events that are not expected or planned event not caused by a variety of causes that have an impact on the body (injury or illness) a person, damage to or destruction of property, environmental damage, accidents, near-miss or a combination of these effects. Statistics released by the Department of Health and Safety (DOSH) shows the rate of accidents on the Site are highest compared to the other work and overcome the manufacturing or production . Some time, working at the low risk to facing accident but it also happened. Therefore, we have to remember every workplace has risk for accidents happen. (3)

Based on this case, when the incident occurred the victim was working alone reversing forklift involved. However, the machinery involved lost control over uneven road surfaces and sudden reverse result to be thrown out. Then, driven forklifts prey on him from the chest to the foot and the victim was pronounced dead. Among the major causes that can be formulated on the basis of this case is that the ground is not flat. Flat surface which are not involved in causing the forklift becomes unstable when it passes through it. Flat surfaces can be risk for accidents that could cause harm to employees. Worker is operating a forklift may not be feeling the soil surface is not flat and he reversed the forklift without looking backwards.The second cause is that employees work alone. This would create a hazard in the event of an accident. In this case, the employee was working alone and unfortunate accident victim only noticed by other workers 20 minutes later. Other workers then raise the forklift to remove the victim. These things can be avoided if the victims worked in the lives of the victims and may be saved.The third cause in this case is that workers do not have skills in handle forklift. This is because after the investigation, the victim was found not have heavy machinery license. Probability, the company take it easy of this matter. The company may take they which are not licensed to provide low wages.

Internal factors in this accident due to the victim is not able to make a free round while operating a forklift. This is caused when the victim reverse forklifts, uneven surface terrain prevented. Then cause the forklift to fall and crash onto the victim. External factors are victims of work individually. The possibility company maybe not have many workers.Then, the victim decided to work individually.

Steps that can be taken to prevent accidents like this happening again is to establish provision of safety and health in the workplace under the Occupational Safety and Health Act

514 , of 1994 ( OSHA , 1994). These provisions set out in sections 30 and 31, OSHA , 1994. This section clearly requires all employers in a workplace that has 40 or more employees or if the direction of the Director General of the Department of Occupational Safety and Health to establish a Health and Safety Committee at his workplace consisting of representatives of management and workers. The main objective of the law is to encourage partnerships between employers and employees to address issues of mutual interest and to ensure compliance with the requirements of the Occupational Safety and Health Act 1994 by the management and workers.JKK works as a consultant and advisor for the workers, platform for employees to make complaints and liaison to the government if there are things that cannot be resolved to the satisfaction of the employer.

All contractors of the construction industry across the country are required to employ the Site Safety Supervisors (SSS) to oversee and ensure a safe working environment at the project site. The move is in line with the Department of Occupational Safety and Health (DOSH) to minimize accidents, especially involving the death of a construction site. Failure of the contractor to employ SSS at each construction site will cause them to be charged under Regulation 25 of the Factories and Machinery (Building Operations and Work of Engineering Construction) Regulations 1986 which lead to a fine of RM1, 000. SSS existence in a construction site is important to inspect and repair any unsafe conditions while working on a construction site. The SSS also serves to ensure coordination between the main contractor and sub-contractor employees. In this case, the victim is found to work alone. If the company have a Site Safety Supervisors (SSS) at the construction site it can monitor employees doing the work.In this case should be on the scene Site Safety Supervisors (SSS), Site Safety Supervisors (SSS) will inform the victim will be an uneven surface.Safety Supervisors (SSS)

also need to make sure the surface is always flat at the construction site so as to avoid accidents.

In addition, company need to ensure that all local and foreign workers have a Green Card in order to reduce the rate of accidents at construction sites. This card will ensure that workers in the construction sector have a general knowledge about the safety and health of workers at the construction site. In addition, it aims to provide information on the legal requirements in their welfare.Company also should organize campaigns to employee safety. Company should also create a toolbox meeting regularly. Employees will be cautious of your surroundings while working. Therefore, can reduce the rate of accidents at construction sites.

Companies should also limit the intake of foreign workers in the construction sector. Most of them do not have the skills recognized.As in this case, after investigation found the victim does not have a valid license in operating heavy machinery..Most of this workforce skills learned through experience working for several years on the construction site before they category as skilled workers by their employers. The number of foreigners who are employed by the contractor as the general workforce could be due to several factors. Among them cheap wages and working overtime without complained besides resistant work in comfortable working conditions and dangerous factors of interest to the contractor to take foreigners to work as general labour. Undeniably recruitment of foreign labour has contributed to develop the construction industry in the country. Companies should hire people from industry recognized graduate Mara Skills Institute (IKM), the Academy of Construction in Malaysia (ABM), Industrial Training Institute (ITI) and others. Thus, communication problems also exist refrain. Compared to foreign workers who were from Indonesia,

Bangladesh , Philippines and Thailand thus creating a communication problem is between them.

As the conclusion, event of an accident at the construction site, long-term effects will be faced by the company and also the victim. The company will have a reaction and a negative view of human societies. Company will suffer losses and lost productivity. Most not welcome the company will face a suit by employees. In terms of the victim, they could potentially suffer permanent incapacitation, emotional disorders and health problems if involved in case of accidents on construction sites.

Since the issue of increased safety in the construction industry, many studies have been carried out for the safety of the building works . Accidents that often occur in the construction sector have resulted in the loss of so many human and property losses of millions of dollars each year in this country. The occurrence of accidents in the construction industry is often associated with negligence in the performance of work, safety neglect , abandonment program awareness and training programs , lack of discipline , lack of communication, and others outside interference that further factors influence the occurrence of accidents is increasing day .

To ensure the continued safety of the construction industry, employers in the construction industry is the need to provide multiple levels of safety and health training to all employees and management officials. Therefore, the employer or contractor can be said is the key in determining the safety and health of employees. Safety training program should have an ongoing program as a credit to be obtained by the professionals in the continuing education program before being accepted for the renewal of a professional. Continuing education

program in safety training should be designed to provide additional input and in an effort to boost security, reduce accidents and to provide a work environment in the construction industry as a sector jobs safe.

REFERENCES

1. Jun 15, 2013, SinarHarian, (newspaper) Lelakimautdihempap forklift. 2. Jun 1, 2010, Keperluanundang-undang, (online) available at:/or retrieved from http://keselamatandankesihatanpekerja.blogspot.com/2010_07_01_archive.html 3. Jun 2011, Keselamatan di tempatkerjapembinaan,(online) available at:/or retrieved from http://emesengineering.blogspot.com/2011/06/percuma-keselamatan-di-tempat-kerja.html 4. October 22, 2010, Isukeselamatandankesihatanpekerja di tapakbina, (online) available at:/or retrieved from http://khairuldin-khairul.blogspot.com/2010/10/isu-keselamatan-dan-kesihatan-pekerja.html