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UNIVERSITI TUNKU ABDUL RAHMAN (UTAR)

FACULTY OF ENGINEERING AND GREEN TECHNOLOGY
(FEGT)

UGBA 3623
CONSTRUCTION LAW

ACADEMIC YEAR 2021/2022

GROUP ASSIGNMENT (20%)

Topic of Project: Construction Industry Disputes During COVID-19

Tutorial Class: T2

Lecturer Name: Ms Siti Fazilah Binti Abdul Shukor

Tutor Name: Ms Siti Fazilah Binti Abdul Shukor

NAME ID
Lim Jia Ying 20AGB05513
Lim Cai Yi 19AGB03547
Khor Kai Xuan 20AGB05457

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(MARKING RUBRIC FOR GROUP PROJECT- CONSTRUCTION INDUSTRY DISPUTES

DURING COVID-19 (20%))

Description High Proficiency Proficiency Some Proficiency No/Limited Proficiency Score

1. Content Argument is strong and Argument is sufficient. Argument is sound but Argument is weak and
exceptionally well Most claims are not particularly most of the claims are /20
developed. All claims supported. Examples developed. Some not supported.
are supported. or cases given are claims are supported. Examples or cases
Examples or cases mostly relevant. Some examples or given are mostly
given are relevant. cases are relevant. irrelevant.

16-20 marks 11-15 marks 6-10 marks 1-5 marks

2. Evidence Data is rigorously Data collected is Some data collected Data collected is
and Research collected and recorded sufficient and are useful however not significantly lack of /15
which is evident in appropriate. Several all argument or variation. Information
integration of information/ claims explanation are or claims are poorly
information across required stronger supported. supported by research
multiple sources to support. and evidence.
support argument or
explanation.

12-15 marks 8-11 marks 4-7 marks 1-3 marks

3. Critical An excellent discussion Generally, a well- A fair discussion and No / Limited discussion
Analysis and understanding of supported discussion understanding of the and understanding of /20
the required and understanding of required underlying the required
underlying concepts of the required concepts of law. underlying concepts of
law. underlying concepts of Writing demonstrates law not applied.
Writing reflects a law. Writing generally basic comprehension Writing demonstrates
critical, analytical reflects a critical, of the act but not a some awareness of act
understanding of the analytical critical, analytical details but not a
act; through clear understanding of the understanding of it; critical, analytical
reasoning, act but is uneven; lack of focused, understanding of the
sophisticated and inferences interpretive analysis act; points made are
insightful inferences demonstrate inconsistent or vague and
from the act. interpretive ability but unsubstantiated, unsubstantiated; essay
could be developed restates the section lacks focus; no literary
further. rather than draws analysis present.
significant inferences
of the act.

11-15 marks 6-10 marks 1-5 marks

16-20 marks

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4. Provide Provides a sound Provides a Provides a Presents poorly

Solution recommendation recommendation recommendation formed /15
based on strong based on limited based on weak recommendation or no
arguments and well arguments and some arguments and limited recommendation at all
documented evidence; evidence; presents a evidence; presents a with very little or no
presents a balanced somewhat biased view biased view with very support.
view with a reasonable with some little to no
interpretation. interpretation. interpretation.

12-15 marks 8-11 marks 4-7 marks 1-3 mark

5. Well-planned and well- Good overall There is a sense of No sense of
Organization thought out. Includes organization, includes organization, although organization. /10
title, introduction, and the main some of the Paragraph lack clear
statement of main organizational tools. organizational tools ideas.
idea, transitions and Most paragraphs have are used weakly or
conclusion. All clear ideas, are missing. Some
paragraphs have clear supported with some paragraphs have clear
ideas, are supported examples and have ideas, support from
with examples and transitions. examples may be
have smooth missing and transitions
transitions are weak.

8-10 marks 6-7 marks 4-5 marks

1-3 mark
6. Grammar & Consistently Occasional Few errors in spelling Numerous
Spelling grammatically correct grammatical or spelling and grammar. grammatical and/ or /10
with rare misspellings. errors. spelling errors.

8-10 marks 6-7 marks 4-5 marks 1-3 mark

7. APA APA format is exact. APA format is APA format is followed Sources are not cited
Referencing No errors are evident. followed. Student lists although several errors properly. /10
most of the are apparent.
components in correct
form.

8-10 marks 6-7 marks 4-5 marks 1-3 mark

Total
/
100
Convert to 20%
/2
0%

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1.Impact of failure to comply with SOP set by Dosh

Introduction

DOSH is known as the Department of Occupational Safety and Health / Jabatan Keselamatan
dan Kesihatan Pekerjaan , JKKP to take care the health and also the welfare of the people at
work and also to protect the people from health and safety hazards that might appear in
constructions , manufacturing , finances and more activity sectors they promote occupational
environment fro each person at work that is adapted to the person’s psychological and also
physiological need and provide means to the legislative systems that is base on the regulation
and the industry code of the practice and the combination together with the provision of acts .
The department have the responsible to create a health and safe working culture that will helps to
contribute a enchanting quality work life .

The Department of Occupational Safety and Health (DOSH) studies and review the legislation
and also policies of the occupational health and safety . They carry out publicity and promotional
programs to the employers and general public to increase the realization of the occupational
health and safety , conduct some technical analysis and also research on the issues that are
related ti the occupational health and safety at workplace .

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It is very important for us to follow the SOP that us set by DOSH . In order to make sure that all
the workers is protected , DOSH came out with many rules , SOP to keep them protected . If the
workers did not follow the SOP that is given , it is difficult to keep them protected . It doesn’t
work if the parties does not cooperate well .

For example under OSHCIM , Occupational Safety and Health in Construction Industry the
responsibility of the occupational safety and health in the construction site have to he shared with
the stakeholders that era involved in the industry supply chain . They should work together to
plan a OSH hazards for the construction industry product and also process . They will identify
and eliminate the foreseeable risk and try to reduce them .

The level of the instruction , information and also the supervision that is given will be based on
the risk that is involved in the construction project and also the experience , skills , knowledge of
the work force . The contractor will always make sure that the supervision is suitable and
effective at the same time , the site induction will also be provided together with the other
additional information . It is the duty for the stakeholder to cooperate with the others then
coordinate the works to make sure is safety . They have to communicate well to one another to
ensure every workers understands the risk in order to avoid the risk and misunderstanding . If the
workers did not cooperate well , there will be a higher risk .

Consulting the workers often is also very important . Consultation and information about health
and safety should be given before the workers starts their work . The workers have to know what
they might be facing and what decision should they make and discuss their plan of the day so
that they know what they should do and how handle . So that the workers will be more alert and
careful while they are working . If any of the parties did not cooperate well , it might cause
accidents .

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If any one of the party did not cooperate well , the construction company will have to pay more
to continue / finish the construction work . For example when the workers get injured , the
company will have to send them to hospital for recovery , then they will have to look for more
workers to continue the work , which means they will have to prepare more money to pay for the
additional workers . They might have to buy more materials , equipment or machine that are
broken or wasted during the incident , and most of the time the equipment and machine cost a
huge amount .

Other than that , it will also causes the whole construction project to slow down and delayed their
work , hence they won’t finish their work on time . When one project is delayed , it might also
cause the coming project to delay as well .

2. Analyse the accidents (TWO cases) occurred in Malaysia since 2020.

In recent years, there have been many accidents or fatal problems in Malaysian buildings. A
large part of the occurrence of these accident accidents is because most builders or the
construction workers did not use the standard operating procedures well, which will led to many
construction accidents (Mail, 2020).

According to media reports, we discovered that at 19 Sep 2020 5:45 pm, a one-square-meter
concrete slab at a construction site in SUKE accidentally hit a Proton Saga BLM vehicle (Mail,
2020).

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Fortunately, the 25-year-old victim only injured his left arm and did not suffer any serious
injuries. After that, he was sent to the hospital for the treatment. In addition, MRCB Builders, the
main developer of this construction project, has issued an immediate suspension order to the
subcontractor (Makna Setia Sdn Bhd) to restrict them from working. Then, they have to close the
accident site to assist in the investigation (Mail, 2020).

After that, the organizer also explained that the SUKE Emrgency Response Team (ERT) has
actually controlled the traffic and demolished the retaining walls and cars. In addition, the
developer also began to inspect all the retaining wall panels and reviewed the documents of safe
working procedures and retaining wall assembly methods one by one (Mail, 2020).

Then, Fadilah said that in accordance with the instructions of Department of Occupational Safety
and Health (DOSH), the work to strengthen the barrier wall panels that need to be welded to the
barrier metal was completed at today (Mail, 2020).

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Not only that, Fadillah also issued a warning to all the parties involved in the construction,
saying that all parties must abide by all the processes, procedures, specifications and contracts set
at the construction site, and must not compromise, otherwise it may cause a big accident (Mail,
2020).

Therefore, it was reflected in this accident that neither the organizer of the construction project
nor the construction workers used standard operating procedures. The consequence is what we
see, which will lead to many accidents. Therefore, in order to effectively solve the problem, all
the relevant personnel have the responsibility and obligation to review the most appropriate
design method involving the structure in order to minimize the risks to the public and employees.

Another case

In addition, there was another construction accident. This construction accident happened on the
Sungai Bessi-Ulu Klang Highway (SUKE) in Kuala Lumpur. This construction accident
happened in the morning when a launch crane suddenly overturned at a construction site, causing
a serious disaster to happen again (Bername, 2021).

In the incident of this construction accident, it is sad that three Chinese construction workers
were killed and another road user was injured (Bername, 2021).

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Therefore, the professor Rod Hua, a road safety expert at the University of Putra Malaysia, also
stated that the developer of this construction project must and necessary review the existing
standard operating standard operating procedures (SOP) (Bername, 2021).

Also, need to work hard to find and strengthen any weaknesses to ensure that this kind of
accidents do not happen again. Then, he also actually emphasized that it is the developer’s
responsibility to prevent such accidents from happening (Bername, 2021).

At the same time, the developers of this project have to attach certain responsibilities if they fail
to check well and fail to comply with standard operating procedures (Bername, 2021).

In addition, professor Luo also stated that imposing huge fines or negligence penalties on
developers, in fact, this cannot effectively solve this type of problem (Bername, 2021).

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In contrast, in order to solve such of these problems, the most important thing is that the builders
and the construction staff inside must abide by the standard operating procedures inside to avoid
this kind of serious accidents (Bername, 2021).

Then, the professor Luo also suggested that the builders can create counter-current lanes or the
alternative routes for the road users, which is also a direct safety measure
(Bername, 2021).

In addition, I also think that the construction company actually needs to provide safety training
for its employees, and it must be handed over to the employees to comply with standard
construction procedures.

In this way, it can also ensure that the employees will be no delay in the construction project
time, and the safety of the employees and pedestrians can also be ensured and secured it.

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3. Provide solutions to tackle this problem in Malaysia.

Based on the question, we can know that many construction sites did not comply the SOP
strictly. Especially now that we are experiencing COVID-19 pandemic, there have been several
outbreaks of infected cluster at the site due to site workers and management did not strictly
comply SOP. Since the start of the Movement Control Order 3.0 on 1st of June, CIDB had
inspected 2423 construction sites. Of the 446 in operation, 150 did not follow the SOP (Star,
2021).

The solution that I suggest is the government must pay attention to previously established laws
and regulations, and those responsible for non-compliance must be held personally liable and
must be prosecuted and convicted under the laws that impose legal obligations on employers.
The lack of prosecutions, trials and convictions gives the impression that the government does
not care much about the safety and health of workers.

From January through March 2020, OSH reported 1,770 non-permanent disabilities, 65
permanent disabilities and 61 deaths as a result of occupational accidents. Despite so many fatal
accidents, injuries and even workers infected with Covid-19, no directors, CEOs, managers and
principals have been tried, convicted or even sent to prison to date.

On April 22, 2020, the CIDB issued standard procedures for site operations during a line
management order. The Minister of Works reportedly indicated that any violation of SOPs may
be subject to sanctions under the Prevention and Control of Infectious Diseases Act 1988 (Act
342) and the Malaysian Construction Industry Development Board Act 1994 (Act 520).

If an infection is detected more than 14 days after April 22, it is assumed that the employer,
contractor, developer and/or their agents are in clear violation of the law. Most troubling,
therefore, is the lack of reported investigations and/or prosecutions of these employer, contractor,

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and/or developer perpetrators. Rigorous enforcement and prosecution have always been an
important deterrent to ensure the future safety of workers. The lack of prosecutions highlights a
possible breach of the April 22nd commitment by the Minister of Works that action would be
taken in the event of a breach.

Without gazettal, the question arises as to whether violations or non-compliance with any of
these regulations, standard operating procedures, guidelines, etc. have the force of law, let alone
whether those who violate these standards, guidelines or regulations will be prosecuted and the
violators effectively convicted.

We have learned, on May 31, CIDB examined 110 construction sites across the country, only 21
sites in accordance with standard operating procedures. three sites received only warnings, and
enforcement action was reportedly taken against 76 sites.

However, no information is available as to whether the offending companies, directors and

principals have ever been charged in court, fined or jailed. This information is critical to the
perception of workers and the public. Failed prosecutions may demonstrate the government's
hypocrisy.

The ILO Constitution sets out the principle that workers must be protected from illness, disease
and injury arising from their work.

If these SOPs, guidelines, standards and/or other similar documents are merely recommendations
to employers, this may mean that non-compliance will not give rise to investigation, prosecution
and/or conviction by employers, contractors, developers, their directors and managers.

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When it comes to occupational safety and health issues, employers may not choose what they
must do. These obligations must be mandatory as it relates to reducing the risk of worker illness,
injury and death.

Therefore, we

Call on Malaysia to disclose the names of employers, contractors, developers, directors, CEOs
and other responsible persons who have been investigated, charged and convicted for violating
their legal obligations regarding workers' occupational safety and health during this MCO in
order to combat the spread of Covid-19.

Calls for specific regulations for workplaces and worker accommodations to ensure that workers
are protected from Covid-19 and/or other infectious diseases.

Call for the gazetting of all regulations, standards, SOPs, guidelines and other similar
instruments relating to workers' occupational safety and health, making them a legal obligation
whose non-compliance will lead to prosecution. When it is not gazetted, it may simply be a
recommendation or advice that employers may or may not comply with.

Calling for Malaysia, according to the occupational safety and health law 1994 and all the other
related to workers' occupational safety and health law, 2019 coronary virus disease confirmed as
a kind of occupational disease, employers have a duty to protect worker safety.

Call on Malaysia to review all laws relating to occupational safety and health, which should also
lead to more deterrent sentences, especially in cases of injury and death due to non-compliance.

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Call on Malaysia to ratify the International Covenant on Economic, Social and Cultural Rights,
ILO Convention No. 167 - Construction Safety and Health Convention, 1988, ILO Convention
No. 155 - Occupational Safety and Health Convention, 1981, and all other conventions
concerning occupational safety and health for workers (56, 2020).

References
56, G. o. (2020, Jun 14). LETTER Protection of workers-legal obligation, not mere recommedation. Retrieved from
malaysiakini: https://www.malaysiakini.com/letters/530217
Bername. (2021, March 23). 'Tighten SOP to prevent repeat of accidents at highway construction sites'. Retrieved
from New Straits Times: https://www.nst.com.my/news/nation/2021/03/676210/tighten-sop-prevent-
repeat-accidents-highway-construction-sites
Mail, M. (2020, September 20). SUKE incident: Works Ministry says stern action will be taken after construction
accident. Retrieved from https://www.malaymail.com/news/malaysia/2020/09/20/suke-incident-works-
ministry-says-stern-action-will-be-taken-after-construc/1905031
Star, T. (2021, Jun 21). Works Ministry: 150 construction sites closed nationwide since June 1 for not following SOP.
Retrieved from https://www.thestar.com.my/news/nation/2021/06/21/works-ministry-150-construction-
sites-closed-nationwide-since-june-1-for-not-following-sop

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