BAYAN LEPAS: The owner of the Batu Maung logistics warehouse, which collapsed on Tuesday night, is set to face legal action if there is any violation under the Occupational Safety and Health Act 1994.
Penang Department of Occupational Safety and Health chairman Hairozie Asri said the department and a team from the Forensic Engineering Division were conducting an investigation at the site of the accident.
He said an immediate stop work notice had been issued and an investigation to identify the cause of the incident had also been held.
"The investigation carried out is leaning towards Section 15 of the OSH Act 1994 which is related to the owner/employer's responsibility towards the safety and health of its employees during work activities," he said today.
Hairozie said the warehouse owner has also been ordered to appoint an independent investigator to identify the cause of the incident and assessed the quality of the construction structure at the site.
"We will only cancel the notice issued if all the evidence at the scene has been obtained and we are satisfied with the repair and control measures that will be taken to prevent accidents like this from happening again in the future," he added.
He said it was the owner/employer's responsibility under Section 15(1) of the OSH Act 1994 to ensure safety and health in the workplace, including on construction sites.
He added that with full control over any activity in the workplace, the owner/employer needed to conduct a risk analysis and apply effective risk control before any work activity can be carried out.
This, he stressed, was to eliminate or reduce safety risks for workers and the public and to prevent accidents during work activities.
"The department takes seriously every accident and occupational disease caused by work activities in all sectors including the construction sector.
"The department is always committed to improving the level of occupational safety and health in this country, including in the construction sector.
Yesterday, the search and rescue operations in search of four Bangladeshi construction workers, thought to have been buried beneath rubble in the Batu Maung logistics warehouse collapse, was called off.
This was after they were located elsewhere.
The number of victims remains at five — three who died and two seriously injured.
