DENIS ENGINEERING SOLUTION SDN. BHD.

DENIS ENGINEERING SOLUTION SDN. BHD.

Denis Engineering was the occupier/primary employer for the falsework at P116R and owed a non‑delegable statutory duty under s15(1) OSHA to ensure, so far as was practicable, a safe workplace; it built the falsework without proper reference to specific design drawings, forensic evidence linked the structural failure to that construction, and therefore Denis's failure caused the collapse and death — conviction under s15(1) and sentence were correctly imposed and upheld.

Citation
BA-42S-4-05/2024 (Mahkamah Tinggi)
Parties
Appellant: Denis Engineering Solution Sdn Bhd; Respondent: Pendakwa Raya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 December 2024
Case Number
BA-42S-4-05/2024 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal / Appeal From Sessions Court Conviction and Sentence
Outcome
appeal dismissed; conviction and sentence of the Sessions Court upheld
Legal Topics
OSHA Section 15(1) Liability, Employer/occupier Liability, Falsework Collapse, Causation, Sentencing
Source Language
Malay/English
Occupational Safety and Health Criminal Law Construction Law OSHA Section 15(1) Liability Employer/occupier Liability Falsework Collapse Causation Sentencing

Case Brief

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Parties

Denis Engineering Solution Sdn Bhd

Appellant

Pendakwa Raya

Respondent

Procedural Posture

Criminal Appeal / Appeal From Sessions Court Conviction and Sentence

Legal Issues

  1. 1 Whether Denis Engineering was the employer/occupier responsible under OSHA at the material time
  2. 2 Whether the deceased was a worker for Denis Engineering
  3. 3 Whether Denis Engineering failed, so far as was practicable, to ensure a safe workplace leading to death (breach of s15(1) OSHA)

Ratio Decidendi

Denis Engineering was the occupier/primary employer for the falsework at P116R and owed a non‑delegable statutory duty under s15(1) OSHA to ensure, so far as was practicable, a safe workplace; it built the falsework without proper reference to specific design drawings, forensic evidence linked the structural failure to that construction, and therefore Denis's failure caused the collapse and death — conviction under s15(1) and sentence were correctly imposed and upheld.

Court Disposition

appeal dismissed; conviction and sentence of the Sessions Court upheld

Orders

  • Appeal dismissed
  • Conviction under s15(1) Occupational Safety and Health Act 1994 affirmed