Company fined for failing to ensure safety of employee

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KOTA KINABALU: A company was fined RM6,000, in default, three months in jail by the Sessions Court here yesterday for failure to ensure the safety of a male employee who lost a finger while working.

Sessions Court judge Elsie Primus imposed the fine on Rainbow Properties Sdn Bhd, after its representative pleaded guilty to the charge.

The company had failed to ensure the safety of an employee, Wellsonie Jodi, 21, while working.

Wellsonie cut his middle finger of his left hand while sawing a wood with a table saw machine at Sutera @ Mantanani Island Resort and Spa at 5pm on April 14.

The offence was framed under Section 15(1) of the Occupational Safety and Health Act 1994, which carries a fine of up to RM50,000, or a jail term of up to two years, or both, upon conviction.

In mitigation, a male representative, who appeared on behalf of the company, pleaded for leniency on the grounds that it was its first offence.

He said the company had just taken over the business from the previous owner and was currently in the process of upgrading and improving the safety and facilities in the resort, including having a clinic.

The representative further informed the court that many unsafe machines were replaced, including boats and therefore the company has yet to be financially positive what more with the unstable weather.

Apart from that, he said the affected employee was immediately treated and sent to Kota Belud hospital while the machine was disposed of.

Prosecuting officer from the Department of Occupational Safety and Health, Ady Norman Sulaiman, however, urged for an adequate sentence to serve as a lesson to the company and public to prioritize safety.

He said pleading guilty was not a reason to get leniency and emphasized that the employee who lost a finger would be affected in the long run.