The Consumers Association of Penang (CAP) is alarmed that within the space of four days there have been three newspaper reports of four deaths at worksites one involving a forklift falling onto a worker, the second involving workers being buried under a rock fall at a quarry and the third also involving a quarry worker buried in a landslide. Such reports have been more frequent in the last two years and are a cause for serious concern about worker safety and health.

Under the Occupational Safety and Health Act 1994 employers are obligated to establish an occupational safety and health committee where there are more than 40 employees. This committee's main function is to review and investigate measures related to safety and health matters. However, it must be noted that approximately 20% of employers in the formal sector have less than 40 employees and so are exempted from this obligation. Who oversees the safety and welfare of these unprotected workers?

We note that there are three important sectors with a high rate of accidents: manufacturing, trading, agriculture, forestry and fishing. Approximately 70% of the accidents reported to the Social Security Organisation are from these sectors. Importantly, a large number of accidents do not enter the statistics because they occur in small-scale enterprises and among workers in the informal sector of the economy. Who investigates the causes of these accidents and whether compensation was awarded?

Fieldwork involving machinery and implements is a high-risk area. Machinery and appliances in field operations are not inspected and certified safe and fit for use by any public authority. Transport equipment, for example, is not subject to Road Transport Department certification unless vehicles use public roads. The lack of regular evaluation and certification translates into use of unsafe equipment in the field. This is an extremely disturbing situation which must be taken seriously.

We do not know what caused the forklift to topple over that unfortunate man resulting in his death. Was it faulty machinery? What we do know is that his death could have been prevented if effective safety measures had been observed. As his employer, the rice mill at which he worked had the responsibility to safeguard this worker's health. The death of this worker must be investigated and the responsible agency prosecuted.

We also increasingly read about the negative impacts of development such as landslides and flash floods. The fact that these are very real and immediate threats to workers in the development sector should be a serious cause for concern to all parties. Who is responsible for the deaths of those three quarry workers? To call these deaths an 'act of God' would be outrageous.

While we know that the Employees' Social Security Act, 1969 and the Employees' Social Security (General) Regulations, 1971 are supposed to provide a comprehensive social security safety net for workers, we are aware that the Act does not cover government employees, domestic servants, the self-employed and foreign workers.

In the case of those three workers, will there be compensation for loss of wages due to death for their immediate families? In the case of the quarry worker buried in the landslide, the media reported that the quarry's sub-contractor has made no indication of stopping work despite the mishap. Will there be an inquiry into this tragedy?

The construction industry is another sector riddled with worker accidents and deaths. We increasingly read about falls and collapsing structures resulting in death and disability. Most of the workers in this sector are either informal or foreign which immediately excludes them from any social security scheme. This industry is well known for its unethical working methods and a lack of accountability. How often do we hear about compensation by the construction industry to injured workers and to families bereaved by worker deaths?

While there are regular reports of worker deaths and injuries at the workplace by the national media, little is known about prosecution of the responsible agencies. Is this due to a lack of reporting by the media or more importantly, lack of prosecution by the responsible agencies? Currently, there is a lack of information on the number of prosecutions to date since the adoption of the Act and the penalties imposed.

We are deeply concerned for the plight of the families of these unfortunate workers. Can we allow such senseless deaths to go unnoticed without appropriate action being taken against the responsible agencies?

Issues of worker safety and health are close to the heart of CAP. We trust that the Department of Occupational Safety and Health (Dosh) feels as strongly, if not more than we do. Dosh must investigate these senseless deaths and prosecute the guilty parties. However, this is not sufficient. Feedback through the media on action taken against the responsible agencies is imperative, both as a deterrent to employers and as an indicator that Dosh treats worker safety as a national priority. After all, the workforce of this country is a most priceless resource.

The writer is president, Consumers Association of Penang.