Reference no: EM133369244

Assignment:

Peter was nearly 17 years of age on 12 February 2022 and it was his first day at work at Rubber Rata Factory. There are three shifts at the rubber factory viz. (i) 6.00 a.m. to 2.00 p.m., (ii) 2.00 p.m. to 10.00 p.m., and (iii) 10.00 p.m. to 6.00 a.m. Peter was working in the second shift. From 2.00p.m. to 6.00p.m. he worked outside the factory and after the evening meal break, he worked inside the factory from 6.30 p.m. moving rubber into the water tank. It was the practice at the factory that at about 15 minutes before the end of each shift, the workers would begin cleaning up the work area for the next shift to come in and also to clean themselves up in the toilets/bathrooms in the factory.

Peter sustained his injury during this cleaning-up period - i.e., at about 9.45p.m. There are three machines in the factory which are driven by electric motors, and left running in between shifts. At about 9.30 p.m. one the workers asked him to feed lumps of rubber into the machine. He pushed a heap of rubber lumps with his right hand and as he did so his foot slipped on the watery floor throwing his body forward and his right hand into the machine. His cries of pain were heard when most of the workers were in the bathrooms. This means the accident occurred about 9.45p.m. He was injured by Machine No. 2. On that night, Peter's right hand which was caught in the nip of the rolls and crushed, had to be amputated at the wrist.

Discuss the right of Peter against Rubber Rata Factory in the above safety and health at work issues, by referring to the relevant statutory laws of Malaysia and any case-law.