Reference no: EM133015279
Occupational Accident Investigation Report:
Company XYZ (M) Bhd is a manufacturing plant. In the process of Mr. Chandran transporting toxic chemicals with a fork-lift, the chemical drums fell and the chemicals flowed out onto the factory floor. A welding maintenance job carried out nearby created a spark which initiated a fire from the spill chemicals in the factory. The whole factory was burned to the ground in 50 minutes. Mr. Fadzil, the Production Supervisor, was injured from the fire since he did not get out of the burning factory in time. Ms Siti, a factory worker, in a state of panic due to the fire injured her hand in a production equipment at her work place. Mr. Pairat, a foreign general worker, tried to offer first-aid to Ms. Siti's hand however he used the wrong medicine thus making the wound of Ms Siti's hand even worse and more painful.
Facts from Investigation:
? The fork-lift machine involved in the incident was rented from ABC Company. The mentioned fork-lift was not installed with any safety devices such as alarms. Mr Chandran is a contract worker who has just started work for only one week at XYZ Company; and has not attended any safety induction courses whatsoever.
? The toxic chemicals and other types of chemicals were imported from an African country via their agent in Thailand. The chemical containers were not attached with any labelling and warning stickers.
? Mr. Fadzil, who was hurt in the fire, did not know how to put out a fire even though he has been working in this factory for 15 years.
? Ms Siti is a temporary staff waiting for her SPM examination results.
? The contract welding staff from WEL Engineering has been commissioned to carry out maintenance work by the XYZ Company's Factory Manager. However no 'Permit to Work (PTW)' directive for this job was ever issued by the Senior Management of XYZ Company.
? Mr. Pairat was never trained in First-Aid.
(a) From the above facts as outcome of the investigation; assess and discuss the rationale of your opinion on who is guilty, and in which instances, corresponding to the various 6 facts obtained from the point of view of the OSHA Act and Malaysian Law.