The Malaysian Insight

PENANG is awaiting the Department of Occupational Safety and Health’s (Dosh) report on the Bukit Kukus landslide that killed nine foreign workers last October.

Chief Minister Chow Kon Yeow said once the report is received, the state government will deliberate on the action to take.

His remarks follow the Consumers’ Association of Penang (CAP) statement urging the state government to take action against those responsible for the incident, which occurred at a road construction site in Paya Terubong.

Yesterday, the state’s special committee that investigated the tragedy said the parties responsible are contractor Yuta Maju Sdn Bhd, consultant Jurutera Perunding GEA (M) Sdn Bhd and independent checking engineer (ICE) G&P Professional Sdn Bhd.

The committee said the Penang Island City Council (MBPP), which owns the paired road project, is also answerable as the enforcer to supervise, monitor and record the work progress at the site, even though it appointed a consultant engineer to oversee the project.

The committee said MBPP decided to retain the services of Yuta Maju for the remaining 25% of the project, but the firm, as well as GEA and G&P, will be blacklisted by the council and other state agencies for future projects.

CAP president S.M. Mohamed Idris said there are concerns that apart from being blacklisted, no further action would be taken against the parties responsible, including MBPP.

“In particular, we want to know what action is going to be taken by the state government against MBPP for its failure to act.

“It is incumbent on the state to hold the council mayor and officers accountable for their irresponsibility and dereliction of duties in failing to supervise the project.

“This is no simple incident, as nine people were killed. Stern action must be taken against MBPP, including disciplinary action against the mayor and officers responsible.”

Chow said the state will act only after receiving the Dosh report.

“We didn’t say the state exco is stopping here. We are waiting for the report, and will take the necessary action after that.

“It is just that we have not yet reached the level of taking action internally. For now, we are holding the contractor, consultant and ICE responsible.”

He said MBPP had taken precautionary steps even before construction of the road began.

The council, aware that it had insufficient technical capacity and staff to monitor the project, stated in the contract with Yuta Maju that the company must appoint a resident engineer (RE) and ICE, he said.

The RE and ICE were paid by MBPP to monitor work at the site on behalf of the council.

“These were the measures taken by MBPP from the start,” said Chow.

MBPP Mayor Yew Tung Seang said the council takes serious note of the special committee’s findings, and is not trying to shirk responsibility.

“There was a special clause in the contract that the appointed engineering consultants and ICE must monitor and alert MBPP of any concerns related to the project.

“The contractor was supposed to get a professional engineer for temporary works, to design, certify and monitor works on the slopes, but it didn’t.

“We paid them tens of thousands to do this. MBPP didn’t try to cut corners or cut cost.”

Acknowledging that MBPP is partly responsible, Yew said he is not trying to come up with excuses.

“We will try to enhance and improve our standard operating procedures.” – February 14, 2019.