Tuesday, July 17, 2007

FIRST SENTENCE UNDER THE NEW WSH ACT

The new Workplace Safety and Health (WSH) Act saw its first sentence in April 2007. Leelloyds Marine Engineering Pte Ltd was fined S$100,000 and Mr. Low Lye Wah (Supervisor) was sentenced to three months’ imprisonment.

Struck by Falling Objects - Dislodged Suspended Bag Claimed Worker's Life!
5 March 2006, 11.40am - after finishing their shift duty on board a bulk carrier vessel, four workers of Leelloyd and the supervisor, Low Lye Wah (Low) were preparing to pack their work tools and transfer them onto a ferry boat alongside the vessel. Low was responsible for rigging and lowering four bags of loads from the vessel onto the boat 15 meters below.
The first three loads were lowered to a reasonable height of about 1m from the boat deck before the boat was steered near the vessel for the workers on the boat to pull the load onto the boat. However, Low did not wait for the boat to move away from the shipside as he lowered the fourth load. Instead he started to lower the fourth load while a worker was trying to untie the third load. This put the workers on the boat beneath a suspended load and exposed them to the risk of being struck by falling objects. Subsequently, the fourth load weighing about 15 kg came loose from the rope's knot and fell a distance of about 10m, hitting a worker James Balang on the head. James Balang succumbed to his injuries in hospital on the same day.

Findings of Ministry of Manpower’s (MOM) Investigation
1. The method of lowering the fourth load from 15 m above the boat deck was unsafe as it was carried out using the other end of the rope while another worker on the boat was trying to untie the third load on the same rope. This exposed the workers on the boat beneath to the risk of being hit by falling object.
2. The supervisor Mr. Low Lye Wah is a trained lifting supervisor and a qualified rigger. He was therefore, fully aware of the safe work procedures and precaution needed and understood the danger that his actions posed to the workers. Instead, his reckless act had endangered the safety of the workers, when it was incumbent upon him as the supervisor to look out for their safety. This reckless act of him has resulted in the death of his worker.
3. The company Leelloyds had previously implemented safe work procedures when working on another similar project. Even though it was familiar with the safe work procedure, it did not take reasonably practical measures to ensure the safety of the workers in this incident.
Summary of the case
While lowering work tools using a rope tied to a bag from a bulk carrier vessel onto a boat, the 15 kg load came loose from the rope's knot and fell a distance of about 10m, hitting a worker James Balang on the head. He succumbed to his injuries in hospital on the same day.
The Sentence
Leelloyds Marine Engineering Pte Ltd was fined S$100,000 and Mr. Low Lye Wah (Supervisor) was sentenced to three months’ imprisonment under the new WSH Act in April 2007.
Advisory Note(Please note that the advisory note is provided for the benefits of enhancing workplace safety and health, in no way the information is to be misconstrued as implying any liability on any party)

1. Investigations into the accident revealed that one of the root causes of the accident was the lack of proper planning and supervision of the tasks being performed. All employers and contractors are advised not to be complacent during any lifting operation. All lifting operations should be properly planned by a competent person before the actual execution.
2. Under the WSH (Risk Management) Regulations, comprehensive risk assessment shall be conducted for all work processes to eliminate or control risk through detailed plans/procedures for work to be carried out. Arising from the risk assessment, appropriate safe work procedures shall be developed and implemented. Risk Assessment guidelines and other relevant references are available at the MOM Website and WSHAC Website.
3. It is essential for risks to be eliminated or reduced “at source”. If a risk cannot be controlled completely by engineering measures, it is necessary to protect the employees by administrative control or personal protection. The control of hazards and reduction of risks for the above accident can be accomplished by following the Hierarchy of Control.
a) Engineering Controls
Engineering controls are physical means to limit the hazard. These include structural changes to the work environment or work processes, erecting a barrier to interrupt the transmission path between the worker and the hazard.
- All tools and other items should be lifted or lowered using the ship’s crane or derrick or other safe and effective means. These loads and items should be placed in sling bags that are designed to carry loads of specific capacity.
- The sling bag can be anchored directly onto the crane’s hook or attach to the hook by proper lifting gear, thereby eliminating the need for a tying knot.
- All statutory lifting equipment and lifting gears must be inspected and certified safe for use by an Authorised Examiner for lifting equipment. Lifting equipment must not be loaded beyond its safe working load under any circumstances except for the purpose of testing and examination by the Authorised Examiner.
b) Administrative Controls
These reduce or eliminate exposure to a hazard by adherence to procedures or instructions. Documentation should emphasize all the steps to be taken and the controls to be used in carrying out the activity safely.
- Workers who are on board the ferry should stay in the cabin until the load is lowered at the deck level. Enforce the ruling that no one is allowed to stand below any suspended load.
- Effective communication through hand signals, voice communication, loud hailers or sign languages must be maintained at all times between the parties concerned during lowering or hoisting of any load.
- Qualified Lifting supervisors who have successfully completed a training course approved by MOM must be appointed by the occupier before the commencement of any lifting operations involving the use of any cranes.
c) Personal Protective Equipment (PPE)
This should be used only as a last resort, after all other control measures have been considered, or as an additional protective measure.
- Suitable Personal Protective Equipment (PPE) must be provided and used by the workers. Safety helmet approved by an accredited testing body must be worn whenever there are hazards of falling objects.
(Extracted from OSH Alert dated 11&12 June, 2007)

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