THE tragic death of a nine-year-old student who fell into an uncovered sewage pit at a school in Lenggeng, Negeri Sembilan, has rightly raised serious questions about school safety standards in Malaysia.
We commend the Education Ministry for launching an investigation and promising strict action against anyone failing to follow safety SOPs (standard operating procedures).
However, the most important step now is to look beyond this incident and ensure that all schools comply with the mandatory Occupational Safety and Health (OSH) Act 1994.
As Alliance for a Safe Community chairman Tan Sri Lee Lam Thye pointed out, this was a “preventable tragedy” that highlights a deeper, systemic issue: the failure to comply with the existing OSH law.
It is essential to remember that this OSH law was specifically designed as
a set of preventive steps, born out of past tragic lessons, to ensure no more lives are lost in our workplaces and public spaces.
For too long, the enforcement of OSH law by bodies like the Department of Occupational Safety and Health (DOSH) has appeared lenient, especially when government bodies are involved.
With safety being a universal and “colour-blind” matter, it is now time for DOSH to step up and enforce the law without distinction between private and government sectors, ensuring all institutions comply with the OSH Act.
OSH coordinator mandatory
The foundation of safety management in our schools rests on a legal requirement that applies to all workplaces, including schools, with five or more employees:
Mandatory appointment: Every school must appoint a trained occupational safety and health coordinator (OSH-C), as mandated by Section 29A of the OSH Act.
Core duty: The OSH-C’s primary function is to manage safety
by performing HIRARC (hazard identification, risk assessment and risk control) – the formal process that should have identified the uncovered sewage pit as a deadly hazard to be fixed immediately.
Understanding legal penalties
It is critical that school authorities understand the difference in legal severity for these two breaches. Failure to appoint an OSH-C (Section 29A) is considered an administrative fault, carrying a maximum penalty of a fine
not exceeding RM50,000 or imprisonment for up to six months.
However, the failure to conduct and implement the essential risk assessment, which falls under the employer’s duty to manage risk, is viewed as a far more serious offence. This failure to manage risk carries
a maximum penalty of a fine
not exceeding RM500,000 or imprisonment for up to two years. The law is clear: failure to perform the safety work that prevents accidents is a more severe crime.
Three calls for collaborative action
To prevent future tragedies and ensure every school is a safe environment, we call for immediate, collaborative action:
Prioritise legal compliance: The Education Ministry must take the lead to ensure every eligible school immediately appoints an OSH-C, as mandated by the OSH Act. The initial investigation must ensure this legal baseline is met in all schools.
Seek funding and support for training: We urge the Education Ministry to formally collaborate with HRD Corp (Human Resources Development Corporation) to secure funding for the compulsory OSH and HIRARC training. Leveraging HRD Corp’s resources can provide the necessary financial support for teachers and staff to gain specialised safety competence.
Collaborate with certified safety experts: The ministry should work with certified external bodies and safety NGOs, such as those registered with DOSH (like Alliance for a Safe Community or similar professional associations), to provide the necessary specialised training. This partnership will ensure that school staff receive high-quality, professional instruction in OSH and risk assessment.
Schools must be safe havens for our children. It is time for every institution to commit to full, legal OSH compliance in the country.
Chin Yew Sin
Shah Alam