A 50-year-old Malaysian supervisor named Mr. Wai has been cleared of all charges related to a fatal workplace accident. The Ministry of Manpower (MOM) decided to drop the case against him, stating it was a result of a “careful review of all the evidence presented in court.” The MOM emphasized its commitment to making sure its enforcement actions are “fair, objective, and supported by evidence.”
The Accident
The tragic incident occurred in February 2022 when a 34-year-old Chinese worker, Sun Zaitao, died from severe crush injuries to his head. He was working at AMB Packaging in Sembawang, a company that makes cardboard boxes. Mr. Sun was clearing waste from a cardboard processing machine when his head got caught in its moving parts. A coroner’s inquiry later ruled his death a work-related misadventure.
Mr. Wai, who was a printer superintendent, was charged with a negligent act that allegedly endangered the safety of others. The charge was based on his allegedly allowing a dangerous practice: letting a printer run with its viewing window open, and allowing workers to lean into the machine while it was on.
During the trial, Mr. Wai’s lawyers, Terence Seah and Joavan Pereira, questioned the MOM investigation officer, Ng Chee Hwee. The officer admitted that the company and Mr. Wai did not allow workers to enter the area with the machine’s moving parts when it was on. He also agreed that Mr. Wai had told his workers not to stick their bodies into the viewing window.
The investigating officer even agreed with the defense lawyer that, because Mr. Wai did not allow this dangerous practice, he shouldn’t have been charged. However, when the MOM prosecutor re-questioned him, the officer said he had no reason for his previous statement and that he “had panicked and I was in a panicked state” during the cross-examination.
The investigation officer also conceded that there had been no risk assessment to tell Mr. Wai that the practice was dangerous. He also agreed that it wasn’t Mr. Wai’s job to put in place any safety measures and that the company’s management and safety officer had never told him that the open window was unsafe. The machine’s manufacturer was also “okay” with the window being open while the equipment was running.
The Result
Mr. Wai, who was represented by his lawyers, shared that the last few years have been very difficult for him. He said, “I am very grateful the company supported me throughout this time and found the best defence team who were able to demonstrate why the investigating officer’s findings were wrong and obtained justice for me.” He added, “Without the lawyers, I would not have survived this ordeal.”
Mr. Wai was given a discharge, which means he is now officially acquitted. If he had been found guilty, he could have faced up to two years in jail, a fine of up to S$10,000, or both.
