PUTRAJAYA: The Court of Appeal today affirmed a RM50,000 fine against Petronas Carigali Sdn Bhd for failing to ensure a safe work system which resulted in the death of a worker eight years ago in Kemaman, Terengganu.
A three-member bench led by Datuk Hanipah Farikullah unanimously dismissed Petronas Carigali's appeal after ruling that there was no appealable error by the High Court in finding the appellant guilty under Section 15(1) of the Occupational Safety and Health Act 1994 (OSHA).
"Based on Section 15(1) OSHA 1994, the duty of the appellant (Petronas Carigali) is to ensure safety and health at work. The appellant failed to ensure the contractor complied with the Job Method Statement and failed to carry out a Job Hazard Analysis. Therefore, the appellant's appeal is dismissed and the decision at the High Court is affirmed," she said.
The appellate court also affirmed RM5,000 in costs to the prosecution.
The other two judges presiding on the bench were Datuk Che Mohd Ruzima Ghazali and Datuk Nordin Hassan.
On Dec 28, 2017, Petronas Carigali was fined RM50,000 by the Kemaman Sessions Court after finding it guilty of the offence and also ordered the company to pay cost of RM5,000.
The Kuala Terengganu High Court retained the decision on Nov 17, 2019.
Petronas Carigali was found to have committed an offence under 15(1) of OSHA for failing to provide a safe work system for the work to remove and install grating at its Onshore Gas Terminal, Kerteh, Kemaman, Terengganu, which had contributed to a fatal accident which claimed the life of Md Noor Yusof on March 13, 2014. – Bernama
