MBPP, contractor, engineers and DOSH named as responsible in fatal Penang landslide

https://youtu.be/R07RRPADcK0

https://www.thestar.com.my/news/nation/2019/02/14/landslide-report-blames-contractor-mbpp-and-dosh/?jwsource=cl

Deputy Chief Minister I Datuk Ahmad Zakiyuddin Abdul Rahman, who is the committee chairman, said the MBPP as the owner of the project had failed in its overall responsibility to supervise the project despite having appointed Jurutera Perunding GEA as representative of the superintendent officer. NSTP/MIKAIL ONG

MBPP among four named as responsible in fatal Penang landslide

GEORGE TOWN: Four parties have been identified as being responsible for the fatal landslide at the construction site of the paired road at Jalan Bukit Kukus last October incident, including the Penang Island City Council (MBPP).

A special investigation committee set up by the Penang government following the fatal landslide at the construction site also named the other three parties, namely the contractor Yuta Maju Sdn Bhd, the consultant, Jurutera Perunding GEA (M) Sdn Bhd and the independent checking engineer G&P Professional Sdn Bhd.

Deputy Chief Minister I Datuk Ahmad Zakiyuddin Abdul Rahman, who is the committee chairman, said the MBPP as the owner of the project had failed in its overall responsibility to supervise the project despite having appointed Jurutera Perunding GEA as representative of the superintendent officer.

“By appointing Jurutera Perunding GEA, it does not mean that the council is free from responsibilities to ensure the success of the project from all aspects.

"As such, any actions to be taken against the council will depend on the outcome of investigations by the police, the Department of Occupational Safety and Heath (DOSH) and the Construction Industry Development Board (CIDB) into the incident," he said when making public findings of the investigation committee.

Ahmad Zakiyuddin said as for Yuta Maju, it had failed to ensure satisfactory mitigation works at the project site, and that the temporary slope constructed at the project site was not endorsed or designed by accredited consultants, which was a violation of the Board of Engineers Malaysia (BEM) guidelines.

“It also failed to ensure site safety by removing the empty containers at the project site, where nine bodies were recovered," he added.

As for Jurutera Perunding GEA, Ahmad Zakiyuddin said the party had failed to ensure that the contractor abide by the guidelines set out by the BEM, while G&P Professional had failed to abide by the job scope given by the council.

“Following our findings, we have recommended that the contractor, consultant and independent checking engineer be blacklisted from any tender consideration for projects in the future.

“That said, they will still have to continue their works for the paired road project, until the project completion, slated for May next year,” he added.

The landslide at the Bukit Kukus paired roads project site on Oct 19 last year killed nine site workers and left four others injured.

The search and rescue (SAR) operation was called off after five days. The project's stop-work orders, separately issued by DOSH, CIDB and the council, were lifted up recently.

Ahmad Zakiyuddin said the special investigation committee also identified 10 main factors which had contributed the to fatal landslide, particularly not fully adopting best practices in construction work.

Other factors included:

* heavy rain on the morning of the incident at 55mm

* the contractor was unable to enter the project site to carry out mitigation works as stop-work order was issued by DOSH two days prior to the incident following a worksite accident

* unsafe construction processes

* failure to recognise the significance of an earlier incident (falling beams at another part of the project site two days prior to the landslide);

* lack of supervision

* failure to identify risk due to the change of process

* lack of comprehensive inspection and testing

* failure in risk communication

* poor management of sub-contractors.

Asked on why the services of the contractor, consultant and independent checking engineer were not immediately terminated following the incident, Ahmad Zakiyuddin said from what he understood, the stop-work orders issued on the three were only for one part of the project and not the entire project.

"Also, there was no record of safety issues prior to the landslide," he said.

He called on efforts to protect the remaining part of the project as a resu

lt of a negative perception.

"Any delay will put the project at greater risks."

To another question if the special investigation committee's findings would be made public, he there had been no plans to do so as the report served as a guideline for the state. - By Audrey Dermawan, NST >


‘MBPP hired resident engineer for Bukit Kukus project’

GEORGE TOWN: The Penang Island City Council (MBPP) appointed a resident engineer and an independent checking engineer even before the start of the Bukit Kukus paired road project, says Chief Minister Chow Kon Yeow.

“If you see the action taken by MBPP, they understand their technical insufficiency in terms of a geotechnical engineer. That’s why in the contract, they required the main contractor to appoint a resident engineer, who was paid by MBPP to monitor the project on MBPP’s behalf.

“The independent checking engineers were also paid by MBPP. So, it was a measure taken by MBPP even before the start of the project, knowing that this is a big project.

“They did not have the capacity to monitor the project as they have only two or three engineers who have to be looking at other matters besides this project.

“So, they took action to appoint a resident engineer as well as independent checking enginners to act on behalf of MBPP,” he told reporters at the Penang Development Corp­oration Chinese New Year celebration at the PDC office in Bayan Lepas yesterday.

Chow also said the state would wait for the Department of Occupational Safety and Health (DOSH) report first.

“We will leave it to DOSH’s findings. Let DOSH come out with the report and we will take the necessary action after that,” he said.

Asked if MBPP had to bear necessary compensation for families of the victims of the landslide last October, Chow said MBPP had not received any claim so far.

Chow was asked to respond to the Con­sumers Association of Penang’s (CAP) call for stern action to be taken against the wrongdoers responsible for the tragedy.

CAP president S.M. Mohamed Idris in a statement yesterday said: “While we welcome the investigation committee’s findings as to who is responsible for the tragedy, we are concerned that apart from recommending the blacklisting of the contractor, consultant and independent checking engineer from any tender consideration for future projects, it appears that no further stern action has been recommended.

“In particular, we want to know what action will be taken against MBPP,” he said.

Deputy Chief Minister I Datuk Ahmad Zaki­yuddin Abdul Rahman, who headed the investigation panel, was reported yesterday as saying that MBPP and other parties involved in the construction of the Jalan Bukit Kukus paired road project had not adhered to construction and engineering best practices.

Meanwhile, MBPP acknowledged responsibility for the Bukit Kukus landslide tragedy as it is the council’s project.

MBPP mayor Datuk Yew Tung Seang said the council was not pushing away any responsibility or negative comments on the council and project, and that it would be taken seriously. - By Cavina Lim and Intan Amalina Mohd Ali, The Star

Penang landslide report blames contractor, MBPP and DOSH

The special investigative panel report on the Bukit Kukus landslide had not been made public, but excerpts of the findings were made available by the state.

However, it has raised more questions than answers as the state blamed the contractor, Penang Island City Council (MBPP) and the Department of Occupational Safety and Health (DOSH).

In an immediate response, DOSH Penang director Jaafar Leman denied the department was to be blamed for the landslide.

“We were not even invited to be part of the investigative panel to give our views. How could we be blamed?” he asked.

According to the statement by Deputy Chief Minister 1 Datuk Ahmad Zakiyuddin Abdul Rahman who headed the investigative panel, the stop-work order on Oct 17 prevented contractors from entering the site to do maintenance works.

As a result, the temporary toe drain overflowed and water was retained on the reclaimed land contributing to the collapse of the slopes.

“How could a stop order which was issued on Oct 17 contribute to the landslide which occurred on Oct 19?” asked Jaafar.

He said the slopes would have been risky from the beginning as the contractor did not do any mitigation works to strengthen them and it does not make sense to blame DOSH.

The stop-work order was issued on Oct 17 after 14 beams fell in a ravine.

Earlier, during a press conference, Ahmad Zakiyuddin said MBPP and other parties involved in the construction of the Jalan Bukit Kukus paired roads project, had not adhered to construction and engineering best practices.

“The landslide was caused by many factors, which included a temporary construction of a platform to place machinery which was not constructed properly. The temporary platform was created to allow heavy vehicles lift beams for the paired road project.

“MBPP, as owners of the project, had failed to ensure all the hired parties carried out their job.

“MBPP had failed to hire a professional engineer for temporary works to design and supervise the site,” he said yesterday.

Ahmad Zakiyuddin said another factor was the downpour in the morning of the day of the landslide.- The Star

Related News

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Khoo Salma

Kudos to Deputy Chief Minister I Datuk Ahmad Zakiyuddin for holding the four parties accountable for the Bukit Kukus landslide tragedy. The inquiry still begs a lot of questions, e.g. why was the contract given to Yuta Maju from Terengganu? Could the accident have been prevented if a proper EIA was done? It is not just a "bureaucratic hurdle" but supposed to identify risks and advise mitigation. If the authorities wish to go on with the project, it is not too late to commissi...
See more

 “This is no simple incident as nine deaths resulted from it. Very stern action must be taken against the MBPP, and that includes strong disciplinary action against the mayor and officers responsible.

“Otherwise, it will be business-as-usual in the MBPP as the officers will be allowed to go scot-free with impunity.

Act against Penang city council, officers over Bukit Kukus landslide, says CAP

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Metro News14 Jan 2019

Bukit Kukus road project illegal, says consumer group | Free Malaysia ..

 

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Wanted: Leaders who listen !

Turning a blind eye: The grumblings over exposed hills are growing louder but little is being done to rectify the situation

 

Grievances from residents warning of environmental damages must not fall on deaf ears

“Leaders who don’t listen will eventually be surrounded by people who have nothing to say.”

MY family home in Kampung Melayu, Air Itam in Penang, is more than 56 years old. That’s about my age, and it has never been hit by floods. Not once!

But last week, my parents – dad is 92 years old and mum, 86, – had their sleep rudely interrupted sometime after 1am by water gushing into their home.

They have been sleeping on the ground floor for years now because they are too old to climb the stairs to their bedroom.

The water that flowed into their room almost touched the top of their bed but fortunately, one of my nephews and his wife from Kuala Lumpur were staying over that night.

It was so fortunate that they were there to calm my anxious parents down and assure them all would be fine. They managed to comfort my stunned folks, who had never experienced such an unpleasant situation before. My father had to be carried to the room upstairs as the house remained flooded throughout the early morning.

Our home was filled with layers of mud the next day and the cars parked outside were all damaged. They sadly look like write-offs.

My father’s pride and joy, his first-generation Proton Saga car – which he bought in 1985 – is now unusable.

A week on, my brothers and nieces are still cleaning up the mess from the massive flood. They haven’t had the time or mood to even assess the financial losses.

And bound by a common sentiment as Penangites, they are tired of the blame game, a trade the state’s politicians have plied to near-perfection.

How many times can the finger be pointed at the previous government, with the incumbent almost 10 years in power? And how many more times can we blame it on torrential rain, which came from Vietnam – or wherever? Worst of all is, when discussions are mooted on flood issues, the voices of the people are swiftly silenced.

It appears that even to talk about hillslope development, one would have to contest in the elections, or be perceived to be challenging the state government, or more extremely, be some kind of lackey in cahoots with the Federal Government.

Blaming everyone else except oneself is simply a way of covering up one’s weaknesses. But the discerning public, in a maturing democracy with heightened transparency and a huge middle class like Penang, will not tolerate such short-term manoeuvring for long.

Suddenly, civil society – a buzzword among politicians – has vanished, with NGOs now regarded as irritants and an affront to the state establishment. Politics is apparently the monopoly of politicians now.

As the National Human Rights Society aptly puts it, “With the benefit of hindsight, we are sure that the Penang government now realises that they should not so readily malign civil society, howsoever obliquely – for the legitimate and well-founded articulation of matters of great concern to civil society.

“This is because it undermines the fundamental values of a functioning democracy and the fundamental human rights of the populace at large.”

Perhaps, the state political elites, many of whom aren’t pure blood Penangites, don’t realise the state is the home of a vibrant civil society, with many active NGOs and activists who are respected influencers of society.

Having walked through the corridors of power and appreciated power’s pleasures, perks and the adulation it brings, maybe it is becoming much harder for people to take criticism. This is, in fact, a reflection of the arrogance of power.

Many have developed thin skin now, with little tolerance for the slightest form of criticism. If anyone even dares raise their voice, an army of cybertroopers, hiding behind anonymity, are unleashed to attack them.

Freedom of speech, it seems, is only the domain of the opposition, with some media (regarded as unfriendly) unceremoniously ridiculed and questioned for their attendance at press conferences.

There are politicians from the Federal Government, too, who are shamelessly cashing in on the flood situation in Penang.

Their relief work must be splashed across news pages, and they have to be seen wading through the flood waters for dramatic purpose. Phua Chu Kang’s iconic yellow boots could likely be the hottest item in the state, as politicians bask in the media’s glare.

Ridiculous remarks have also been passed, one even blaming the state government, saying it has earned the wrath of God.

The rain and floods will go away, eventually. Penangites are stakeholders in the state, and they don’t only make up politicians. The state doesn’t belong to the state government or the opposition.

Caught up in the thick of the action, we seem to have forgotten that the hills are crumbling even without rain. As a stern reminder, just last month, a landslide buried some people in Tanjung Bungah. Investigations on that tragedy are still ongoing.

Basically, the trees – which act as sponge on the hills – are gone. We don’t need to be soil experts to know that.

The grumblings are growing louder because the hills have been progressively going bald in recent years. But the voice of discontent has fallen on deaf ears.

Penangites are alarmed at what they are seeing, and they don’t like it one bit, as much as they understand that land is scarce on the island and property developers need to source some to build homes on.

While it’s easy to hang the Penang state government out to dry for its follies, it’s difficult to ignore how the floods in the east coast states have become annual affairs, too. So, what effective flood mitigation plans have been put in place there?

Kelantan has suffered senselessly, and after more than a year of having been subjected to Mother Nature’s havoc, many victims have yet to recover from their losses. Flooding is obviously nothing exclusive and doesn’t discriminate. Every state has, unfortunately, experienced it in some shape or form.

So, irrespective of location, when life returns to normal, you can expect the politicians to resume their old denying ways.

If there’s a thread that binds our politicians – regardless of which side of the political divide they come from – it is their inability to apologise for their mistakes, despite waxing lyrical about accountability.

Don’t expect them to say sorry, because an apology would be admission of guilt, or worse, a sign of weakness in their realm of inflated egos.

And to put things into perspective, perhaps we could learn a lesson from a quote by prominent American pastor Andy Stanley – “Leaders who don’t listen will eventually be surrounded by people who have nothing to say.”


On the beat Wong Chun Wai

Wong Chun Wai began his career as a journalist in Penang, and has served The Star for over 27 years in various capacities and roles. He is now the group's managing director/chief executive officer and formerly the group chief editor.

On The Beat made its debut on Feb 23 1997 and Chun Wai has penned the column weekly without a break, except for the occasional press holiday when the paper was not published. In May 2011, a compilation of selected articles of On The Beat was published as a book and launched in conjunction with his 50th birthday. Chun Wai also comments on current issues in The Star.

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Choong (in white) surveying the deforested hillslope next to Majestic Heights.

PENANG MCA has raised concerns about the safety of the residents in Tingkat Paya Terubong 4, right behind the Majestic Heights flats

Its Bukit Gelugor deputy secretary Marvyy Choong said the deforested hill behind the flats, just a stone’s throw away from Block 1, was a time bomb.

“There are 12 blocks of 23-storey flats in Majestic Heights.

“I understand that many residents have already moved out, leaving only a few more, and we’re worried for their safety.

“The surrounding hills are going bald due to ongoing earthwork and the 12 blocks may all collapse during a landslide,” he told a press conference at the flats yesterday.

He added that the hill clearing work was done by a housing project developer, which is also responsible for the paired road linking Bukit Kukus and Bukit Jambul.

Credits - Slides presented by Environmental, health and safety consultant Aziz Noor, and scientist Dr Kam Suan Pheng at the Penang Forum event on Oct 29, 2017

 

Aishah looking out her window to the hillslope which is just a stone’s throw from her unit

“We are not opposing the paired road project but we’re against high-rise projects in vulnerable areas that may endanger lives,” he said.

Choong said Jalan Paya Terubong was not safe as trees frequently fall during a downpour.

“It is also unsafe for heavy vehicles and they must be banned from using this road after the paired road is completed.”

Meanwhile, housewife Aishah Che Wan, 68, who is living at another apartment scheme near the same hill, said muddy water gushed down the hill on Saturday and Sunday.

“Some small stones damaged a few cars parked by the side of the road,” she said, adding that she now feared for the safety of her family.

“I hope that whoever is clearing the hill will take necessary safety measures to prevent any mishap,” she said. - Starmetro


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Hills, landslides and floods: What to do?

 

The mega floods in Penang which followed the landslide tragedy, flash floods in Kuala Lumpur and Petaling Jaya, and a shrinking water catchment area in Ulu Muda ... it’s time our leaders paid attention to the environment.

THE news has been full of the related issues of hill cutting, logging, landslides and floods. The environmental crisis is back in the public consciousness, and we should seize the moment to find solutions and act on them.

Penang has been the epicentre of this upsurge, for good reasons: the mega flash floods and landslides over the weekend and on Sept 15, and the Oct 21 hill slope collapse in Lembah Permai (Tanjung Bungah) which killed 11 employees at a construction site.

Saturday’s overwhelming floods in Penang, which paralysed the island in so many ways and affected lives, property and activities, was a megashock not only to people in the state but throughout the nation.

But it’s not just a Penang phenomenon.

On Oct 30, flash floods caused massive traffic jams in Kuala Lumpur and Petaling Jaya.

Federal Territories Minister Datuk Seri Tengku Adnan Tengku Mansor said the floods were caused not only by heavy rain but by developers of two projects that had blocked drainage.

A stop­work order will be issued if the developers do not take measures specified by City Hall.

Another threat is the logging of valuable water catchment areas.

The Ulu Muda forest in Kedah, which provides much of the water supply to Kedah, Penang and Perlis, is under such a threat as the originally designated Ulu Muda water catchment area has shrunk by 87% from 98,400ha in 1969 to 12,484ha in 2017.

The forest reserve was the most important water catchment area in the Northern Corridor Economic Region but timber production there was growing because Kedah depended on logging as a source of income, said Penang Water Supply Corporation CEO Datuk Jaseni Maidinsa ( The Star, Oct 27).

He suggested that the federal government compensate Kedah for gazetting and preserving Ulu Muda as a water catchment area, noting that the Muda Dam provided 80% of the daily raw water needs for Kedah.

Jaseni issued this stark warning: when logging affects the Muda Dam’s ability to store sufficient water, all three states would face a water crisis in the next dry season.

In Penang, the debate on the floods and the tragic landslide has continued non­stop and moved last week to the State Assembly.

The clearest explanation of the worsening flood situation that I have heard was the presentation by scientist Dr Kam Suan Pheng at the Penang Forum event on Oct 29.

A former Universiti Sains Malaysia academic who then worked in international agencies including the International Rice Research Institute, Dr Kam said there were seven main causes of floods in Penang:

• > Increasingly heavy rainfall; 
• > Expansion of impermeable surface area;
• > Eroded soil and landslides increase the sediment load in surface runoffs;
• > Debris that clogs up waterways; 
• > Accumulation of surface flow downstream;
• > Limited capacity to channel off discharge; and
• > High tides slow down discharge to the sea.

She provided historical and current data to show that flash floods are happening more frequently and with more adverse effects, even with lower rainfall levels. With higher rainfall expected in future, the situation can be expected to significantly worsen.

Dr Kam focused on expansion of impermeable surface area (caused by ill­ planned development and replacing natural ground cover such as hills, fields and trees that act as a water ­absorbing sponge) and soil erosion and landslides (caused by cutting and development in hill areas) as two factors that need special attention.

She quoted Datuk Kam U Tee, the Penang Water Authority general manager (1973~­90), as having correctly explained the Penang floods of October 2008, as follows: the floods were caused by conversion of the Paya Terubong and Bayan Baru valleys into “concrete aprons that do not retain water. The water immediately flows into streams causing flash floods even with moderate rainfall. Because of hill­cutting activities, the flowing water causes erosion of the slopes which carries mud and silt into the river beds”. ( The Star, Oct 24, 2008).

Flood mitigation and flood prevention are two types of actions to tackle the flood problem, said Dr Kam.

Mitigation measures only tackle the symptoms, are costly and need public (state and federal) funds. These include structural measures (upgrading rivers, installing pumps) and non­structural measures (drainage masterplan; flood forecasting and warning systems; public education).

Flood prevention should be the priority as that would tackle the root causes, said Dr Kam, who proposed the following actions:

• > Proper land-­use planning and development control;
• > Environmental, drainage, transportation and social impact assessments should be made   regarding development plans, beyond individual development projects;
• > Stringent protection of hill land and slopes;
• > Stringent monitoring of development projects;
• >More greening of urban spaces, including a system of parks; and 
• >Protection of riverbanks. 

To take these measures, policymakers have to deploy a wide range of policy and legal instruments, and to adopt environmentally sensitive and ecologically friendly structural and non­structural solutions, concluded Dr Kam.

Another speaker, Datuk Agatha Foo, complemented Dr Kam nicely when she elaborated on the various laws, guidelines and plans that can be used to prevent the wrong kinds of development, to control and monitor approved developments and to strictly enforce the laws.

She also spoke on the loopholes and weaknesses of the laws and how to correct them.

Events of the past few weeks alone indicate that the number of environment ­related and human-made problems are bound to increase, probably many times, unless our leaders and policymakers give higher priority to the environment and to well­ planned development. The paradigm shift should start now, as the alarm bells have already rung.


Source: The Star Malaysia director@southcentre.org Martin Khor Martin Khor is executive director of the South Centre. The views expressed here are entirely his own.


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