Why was a palm oil company fined RM40,000 for worker negligence?

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Astana Endah Sdn Bhd Fined RM40,000 for Workplace Negligence Leading to Worker's Death

Astana Endah Sdn Bhd was fined RM40,000 for workplace negligence that resulted in the death of an employee, Muhammad Akmal Salleh. The company's manager, Ho Chee Kang, pleaded guilty on behalf of the company to failing to ensure safe workplace conditions at their Sitiawan site on October 30 last year. This failure led to an incident where Muhammad Akmal, a passenger in a shovel machine, died after the vehicle overturned while descending a slope.
Failure to Ensure Safe Workplace Conditions

The charge brought against Astana Endah Sdn Bhd, under Section 15 (1) of the Occupational Safety and Health Act 1994, specifically cited a failure to ensure safe workplace conditions. This breach of duty occurred on October 30 of the previous year at the company's premises in Sitiawan. The prosecution highlighted that the shovel machine involved in the fatal accident was designed with a single seat intended solely for the operator, indicating that the presence of Muhammad Akmal as a passenger was a deviation from safe operational practices.
Fatal Incident Involving a Shovel Machine

The negligence directly contributed to the death of Muhammad Akmal Salleh. He was a passenger on a shovel machine that lost control while moving down a slope. The machine subsequently overturned, leading to the fatal injuries sustained by Muhammad Akmal. The circumstances surrounding the incident underscore the critical importance of adhering to safety protocols and ensuring that machinery is operated as intended.
Legal Ramifications and Sentencing

The offence of failing to ensure safe workplace conditions carries a potential penalty of a fine not exceeding RM50,000, imprisonment for up to two years, or both. The Sessions Court judge, Norashima Khalid, imposed a RM40,000 fine on Astana Endah Sdn Bhd. In default of payment, the company would face a six-month jail sentence. The Occupational Safety and Health Department's prosecuting officer had requested the maximum punishment, emphasizing the company's failure to follow established procedures.

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Why was a palm oil company fined RM40,000 for worker negligence?

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