Q3

There is ONE (1) case study in this section. Answer ALL questions at the end of the case. "The Bright Sparklers Tragedy" KUALA LUMPUR: The Bright Sparklers fireworks factory explosion on May 7, 1991 left an indelible mark on residents of Kampung Baru Sungai Buloh. Before the tragedy struck, a factory manager, who was also a chemist from Hong Kong, was testing a new product inside the factory located next to the new village. Things went south around 3.45pm when explosive chemicals from the experiment spilt, sparking off fires that rapidly spread to a nearby pile of large firecrackers, known as "bazookas". The fires were accompanied by a series of explosions that could be heard and felt as far as 10km away from the factory. The blast, described as Malaysia's version of the Hiroshima bombing, claimed 26 lives, and injured 103 people. The factory was razed to the ground and over 200 residential properties were also damaged. The scene was likened to a war zone with victims screaming and running helter-skelter due to the vicious flames, billowing smoke, and flying debris. However, the most horrifying sight was that of the bloodied victims, the charred remains of those who were trapped within the sprawling factory site and those killed by debris. 3 Safety and Health Administration (BAGB4044) January 2022 Final Examination CONFIDENTIAL Resident Lee Kwee Lan, 62, was pregnant and about to deliver her third child when the incident happened. "I was in the house with my husband, father and mother-in-law, as well as my 5-year- old daughter and 3-year-old son. "Out of nowhere, we had stones flying into our house which was located five minutes away from the factory. We didn't know what had happened. We sensed something was amiss when we heard loud explosions. "We immediately left the house and sought shelter at my mother's house situated near where the KTMB station is now," she told the New Straits Times. Authorities officially closed the Bright Sparklers case in 2006, 15 years after the incident when the government made a pay out of RM954,685. A total of 118 people lost their loved ones, suffered injuries and ended up with damaged properties. They sued the government, the Selangor Land and Mines Department, the Petaling District Council and two directors of the company in multiple suits. The suits were filed after a Royal Commission of Inquiry concluded that Bright Sparklers Sdn Bhd was responsible for the incident. They received a lump sum of RM30,000 from Chin Kong Hin, who was a director of Bright Sparklers, which went out of business soon after the tragedy. The global payment by the Selangor Lands and Mines Department director, the Petaling District Council and the Malaysian government - the second, third and fourth defendants, resp was made without admitting liability and as full and final payment for general and specia 4/5 and interest. Despite the Bright Sparklers' incident entering the history books as the country's worst industrial disaster, there were some positive outcomes, including the establishment of the Fire and Rescue Department's Hazardous Material Unit Team that specialises in handling chemicals and radiation. Parliament passed the Occupational Safety and Health Act 1994 after the tragedy to highlight how crucial it was for employers to set up a safe working environment for their workers. Source: https://www.nst.com.myewsation/2020/08/613814st175-bright-sparklers-tragedy 1. There are THREE (3) levels of types of duty imposed by the statute, which allow different responses to hazard namely, a) Absolute Duty, b) Practicable, and c) Reasonably Practicable. These three types of duty are under the responsibility of the employers. If you are the employer of this factory and intends to make this accident as lesson learnt, explain with EXAMPLE what you will do to fulfil ALL three types of duty to ensure that the same accident will not happen again in the future. (9 marks)