Probe employers in Tawau fumes deaths — NIOSH
KOTA KINABALU: A series of fatal incident in confined spaces this year have raised concerns on the safety of workers in such environment which include storage tanks, tankers, boilers, silos and other tank-like compartment usually having manhole for entry.
In the latest incident in Tawau, three men died after they had inhaled fumes from welding works while repairing a leak on a scow at the Kampung Apas Parit jetty.
Foreman Tsen Gaw Ming, 29, was found dead at the scene around 3pm on May 23 while two Indonesian workers - Jamaluddin Yalo and Yadi Lalo, both 25year-old brothers, died in the emergency unit at the district hospital a few hours later.
On April 17, two men passed away while carrying out maintenance works in a manhole in front of a mall in Ipoh while a crew member of a Vietnamese cargo vessel was killed and three others hospitalised after inhaling toxic fumes in a ship’s rice storage room at Kota Kinabalu Port on February 13.
National Institute of Occupational Safety and Health (NIOSH) chairman Tan Sri Lee Lam Thye said these tragic incidents have raised concerns on the safety of workers in confined spaces and employers and contractors involved must be investigated to check whether they have adhered to the rules and regulations as stipulated under the Occupational Safety and Health Act (OSHA) 1994.
He said employers who have failed to provide safe and healthy working environment for their employers can be charged under Section 15 of the Occupational Safety and Health Act (OSHA) 1994, which carries a maximum fine of RM50,000 or two years’ jail or both.
Under OSHA, “employee” includes an independent contractor engaged by an employer or a self-employed person and any employee of the independent contractor.
Lee added employers must also ensure that their workers are certified to enter the confined spaces and follow the guidelines under the Industry Code of Practice (ICOP) for Working in a Confined Space 2010.
Under ICOP, he said every employer and contractor must conduct a risk assessment in relation to the safety and health risks posed to any person who may be affected by his undertaking, and take all reasonably practicable steps to eliminate any foreseeable risk.
According to Lee, NIOSH has also worked with the Department of Occupational Safety and Health (DOSH) to set up the national standards for safety in work involving confined space, whereby a permit will be given to competent persons.
Among others, workers who plan to enter a confined space must have the Authorised Entrant and Standby Person (AESP) for Confined Space certificate while the person who supervises their activities must obtain the AESP and Authorised Gas Tester and Entry Supervisor for Confined Space certificate.
Only those who have these certificates from approved training providers, such as NIOSH, are allowed to carry out works in the confined spaces.
Those working in a confined space must also exercise great care and concern because it is more hazardous than regular worksites.
Hazards in confined spaces include poor air quality; chemical, biological, radiation and fire hazards; extreme noise and temperature; low visibility as well as process-related hazards such as residual chemicals.
Lee added unfavourable natural ventilation has also compounded the situation and employers must safeguard the safety and health of workers from any form of injury, illness or death arising from exposure to these hazards. In most cases, he said the cause of death was due to inhaling of toxic gases or oxygen deficiency.
According to DOSH, the main reason for accidents in confined spaces is the sub-contracting of works to contractors that do not have knowledge and experience in working in a confined space. These contractors normally do not have proper work procedures and equipment for working in a confined space.
Since the work to be done is nonroutine and irregular, he said the persons involved are normally contract employers with poor safety induction; few or none of the standard safeguards are provided; safe practices and procedures are neglected; and persons with basic first-aid and CPR skills are not available when needed.
To avoid accidents and fatalities in the future, he said only those with certificate of competency with a DOSH-registered training provider should be allowed to work in confined spaces.