Investigate to determine criminal liability of ‘murder’ of two construction workers in Pahang, Malaysia

BWI-MLC Media Release, 16 March 2020

The Building and Wood Workers’ International-Malaysian Liaison Council (BWI-MLC) condemns the senseless unnecessary killing of two construction workers and the injury of another in Temerloh, who were buried alive in a worksite incident on 5th March as reported by media (see below).

Temerloh district police chief Assistant Commissioner Mohd Yusri Othman was reported saying “Both victims and the third worker are believed to have been inside a six metre-deep pit, while two machines were excavating earth on the ground above the pit.”…“Heaps of soil which had collected at the edge of the pit then began falling during the excavation works, burying the two workers,”

The ground vibration created by machineries working nearby, for example, will reasonably result in creating a high risk that mounds of soil, placed too close to any pits just dug falling back into the pits, which in this case seem to have happened, resulting in the death of 2 workers.

A thorough investigation to determine whether anyone is criminally liable for this incident, where death resulted, is needed.

“We have to stop treating these tragic events as mere accidents and start taking worker safety seriously”, said BWI-MLC spokesperson Azlan bin Yaacob.

“We want to see a thorough investigation take place and any violations of safety regulations or building standards prosecuted to the full extent of the law.”

“This tragedy could have been easily avoided and these workers would be now alive but alas they are dead and will never see their families again”, said Yaacob.

Additionally Yaacob said the Building Collapse Watch was pushing for the implementation of industrial manslaughter laws that prescribe mandatory prison sentences when the dereliction of a duty or responsibility causes the death of a worker.

“Malaysia’s fatal accident rate was about ten times that of the United Kingdom.

We’re not going to see any improvement on this unless those responsible for ensuring safety face the possibility of prison time when laws are broken and deaths happens”, continued Yaacob.

“If you kill a worker you should go to jail”.