MOM appealing for higher penalty after PSA fined $225k over 2017 death of worker at Keppel Terminal

 The Ministry of Manpower (MOM) is appealing against PSA Singapore’s sentence over a 2017 workplace incident which saw one of its employees killed while performing maintenance work at Keppel Terminal.

The port operator had paid a $225,000 fine, following its conviction in court on March 16 under the Workplace Safety and Health Act for failing to ensure the safety and health of its employees at work.

MOM, which investigates industrial accidents, filed its appeal on June 15 against the sentence. In earlier proceedings, MOM prosecutor Delvinder Singh had argued for a fine of between $300,000 and $350,000.

In a written address on sentencing, Singh said: “This tragic and entirely preventable death occurred because PSA systematically failed in its fundamental duty as an employer to ensure the safety and health of its employees at work.”

Meanwhile, the port operator has also filed an appeal against its conviction and sentencing.

The incident occurred on Sept 20, 2017.

At around 10am that day, PSA technical specialist Lee Swee Loong, 33, instructed his colleague, Mohammad Iqbal Buang, to operate and move a crane at varying speeds while Lee observed the gearbox and hoist system to identify the cause of abnormal noises.

While doing so, Iqbal saw a black object drop from the trolley platform, which was located above the operator’s cabin. Sensing something was wrong, Iqbal immediately stopped and turned off the crane.

He then tried to contact Lee via walkie-talkie but there was no response. When Iqbal climbed up to the trolley platform, he saw Lee lodged between the rope drum and a platform located next to the motor housing where the gearbox was located.

Lee was pronounced dead at the scene by paramedics.

An autopsy report revealed that Lee had suffered multiple injuries consistent with being crushed between rotating machinery.

Court documents stated that PSA had failed to effectively implement control measures to prevent its employees from being exposed to rotating parts on the crane during maintenance work.

It also failed to implement safe work procedures for maintenance works on the crane.

In court, the MOM prosecutor said the risk of harm arising from PSA employees being exposed to rotating parts during maintenance work was “reasonably foreseeable”.

Singh added that PSA knew technical specialists like Lee regularly accessed the 23cm-wide, oil-stained platform on the crane, and that this was the only place from which they could properly inspect the gearbox.

Yet, PSA did not provide specific procedures for the unique crane layout, or adequate control measures to prevent exposure to rotating parts.

“Instead, PSA relied on generic procedures covering three different crane models that forced employees to improvise dangerous methods daily,” added the MOM prosecutor.

PSA’s vice-president Phinehas Tan, who testified, confirmed that Lee took safety seriously and had no record of unsafe work throughout his tenure with the operator, added Singh.

“The tragic irony that someone so committed to safety died due to his employer’s safety failures makes this case particularly egregious and PSA’s culpability more pronounced,” said the prosecutor.

PSA was convicted after a 33-day trial and sentenced on June 4.

In a statement to The Straits Times, the port operator said it fully assisted the investigating authorities following the incident.

“Ensuring the safety, health and welfare of persons at work is fundamental to everything we do, and workplace safety is of paramount importance at our premises,” said the PSA spokesperson.

“We deeply regret the incident and extend our sincere condolences to the family of our deceased colleague.”

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

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