Reference no: EM133181801

QUESTION 1 

Description of Incident Newchem Supply Sdn Bhd (NSSB) was established since 2013 as a chemical and lubricant supplier to serve industrial market in East Malaysia. The company employs over 100 of workforce with branchesin Miri, Bintulu, Labuan and Kota Kinabalu. NSSB produce and supply a diversified brand of most comprehensive line of products which includes maintenance lubricants, processing chemicals, personal care and industrial hygiene and water treatment chemicals to meet the every changing of industrial preventive maintenance needs from various sectors of industries. On July 12th, 2017, a 5 meter scaffolding structure collapsed at NSSB's premise located at Permy Technology Park, Miri. The accident occurred approximately 9:15 AM while workers were in the process of dismantling the scaffold from a newly built extended deck. Three workers were seriously injured and admitted for treatment at nearby private hospital. Another two company's visitors were given treatment at government policlinic. Department of Occupational Health and Safety (DOSH) has issued a prohibition notice and conducted an investigation on the same day. Initial investigation findings by the authority found out that there were no standard operating procedure (SOP) for working at height and a permit to work (PTW) system to manage the critical activities in the company. All workers involved in the accident were also found not using body harness while performing their task at height. Training records show that the 3 workers never attended competency training for working at height before. Further investigation reveals that the scaffolds erection is not undertaken under the charge of a designated person. Aside from that, company record show that inaugural safety meeting was never being conducted. Company's safety and health policy is also not sighted in the premise. On the 5th day of the incident, NSSB's Operations Manager was said instructing the workers to resume operations. 

Questions 

1) List all the possible non-compliance of OSH legislation in this scenario. 

2) As a newly hired Safety and Health Officer of the company, you are required to write a comprehensive report to your general manager of all the legal consequences arising from this accident. Your justification and recommendations shall includes the sections of the laws/regulations for non-compliance together with the penalties.