In a somber incident that took place in Tampines, a 26-year-old cleaner lost his life due to a tragic fall through a false ceiling at Tampines Mall.
CapitaLand Retail Management (CRM), the entity responsible for the mall’s operations, was fined $24,000 on 22 August after pleading guilty to two charges of breaching the Workplace Safety and Health Regulations, according to Channel NewsAsia.
The incident occurred on 25 January 2020 during an annual cleaning operation at Tampines Mall. CRM had engaged a team from Cleaning Express to undertake the cleaning of the 5th floor’s louvres, in a room equipped with a catwalk and a concrete walkway.
Tragedy struck as a 26-year-old Indian national, engaged in sweeping the concrete walkway, fell through a false ceiling and landed on the third floor.
The fatal fall occurred around 1.10 am and the worker succumbed to his injuries later that morning.
Breaches in Workplace Safety Regulations
Subsequent investigations revealed significant breaches in workplace safety regulations that contributed to the worker’s untimely demise.
The concrete walkway’s guardrail had a dangerous opening that rendered it susceptible to such accidents. Moreover, the room’s lighting was inadequate for conducting cleaning tasks safely.
These findings formed the basis for charges brought against CRM under the Workplace Safety and Health Regulations.
Legal Proceedings and Penalties
In the aftermath of the incident, CRM faced legal consequences for its lapses in ensuring workplace safety. The court held CRM accountable for two charges related to breaches in workplace safety regulations. The prosecution sought a fine ranging between S$24,000 and S$30,000 for both charges combined.
The Defense’s Argument
During the trial, CRM’s representative, Mr. Paul Sandosham, presented the defense’s perspective. He argued that the cleaning work was designated to take place exclusively on the catwalk and not on the concrete walkway.
According to the defense, the deceased worker had ventured into an area that was explicitly off-limits, despite being briefed about the restrictions. This led to the argument that the worker bore some responsibility for the accident.
Legal Deliberations
District Judge Ronald Gwee, overseeing the case, found the defense’s argument to be akin to blaming the victim.
He highlighted that the presence of an opening in the guardrail and inadequate lighting in the room made the area inherently unsafe. Judge Gwee observed that the lack of proper guardrails and lighting contradicted the notion of a safe working environment.
Sentencing and Implications
Despite CRM’s arguments, the court deemed the breaches in workplace safety regulations to be significant. Consequently, CRM pleaded guilty to both charges.
The court imposed a fine of S$24,000 on CRM for its failure to uphold proper workplace safety standards. While the penalty was substantial, it did not reach the maximum possible under the law, as the charges were specific to workplace safety and health regulations rather than the broader Workplace Safety and Health Act.