Design engineers at fault in landslide tragedy, act against negligent engineers

Design engineers at fault in landslide tragedy | The Star Online

GEORGE TOWN: The State Commission of Inquiry (SCI) tasked with investigating the Tanjung Bungah landslide in October 2017 has found the design engineer of the slope primarily responsible for the incident that claimed 11 lives.

The SCI, in its 116-page report made public, has recommended that the engineer be investigated by the police under Section 304A of the Penal Code for gross negligence.

Besides the engineer, the commission found another design engineer responsible for being “contributorily negligent” for allowing excavation to be carried out without design, engineering calculations and supervision.

Chief Minister Chow Kon Yeow said the commission found that the slope failure was a man-made tragedy and entirely preventable if those in charge had taken necessary and proper steps to ensure the stability of the slope and the safety of the workers.

“The landslide did not develop overnight, it was a disaster waiting to happen over a period of time.

“There were ample warnings which were sadly unheeded or inadequately heeded,” Chow said of the report at a press conference at his office in Komtar here yesterday.

Chow said the report, dated July 22 this year, was a result of public hearings conducted over 26 days with testimonies from 28 witnesses.

“The commission also considered voluminous documents, reports, photographs and drawings, as well as the opinions of six expert witnesses.

“The report provides further analysis of the background facts, excerpts of testimonies recorded during the hearings and findings on liability against several parties,” he said.

The commission also found the Occupational Safety and Health Department negligent for failing to take adequate steps to ascertain the extent of the danger posed by the unsafe slope, by not promptly issuing a prohibition notice after its visit to the site on Aug 18, 2017, which was two months before the fatal incident.

Chow said copies of the report would be sent to the police, Attorney General’s Chambers, Board of Engineers Malaysia and other authorities involved.

“The report also contains nine recommendations that the commission hopes will serve as guidelines and prevent such incidents from recurring,” he added.

On Oct 21, 2017, a temporary slope in the construction site of a high-rise apartment block in Tanjung Bungah collapsed while workers were trying to stabilise it. Tonnes of earth crumbled, killing 11 workers.

The full SCI report can be bought at Level Three, Komtar, for RM50 per copy between Sept 3 and 30. For more details, call 04-650 5480.- Source link

Chow: Agencies have to act against negligent engineers

Penang chief minister Chow Kon Yeow

 GEORGE TOWN: It is up to the relevant agencies to take action against the consultant engineers who were found negligent, resulting in the Tanjung Bungah landslide tragedy, says Chief Minister Chow Kon Yeow.

“It is up to the agencies and the police to take action as recommended by the State Commission of Inquiry (SCI).

“I have also directed the Town and Country Planning Department, Penang Island City Council, Seberang Prai Municipal Council and other related agencies to come up with recommendations to improve hill development.

“It was discussed at the State Planning Committee meeting and I have directed state housing, town and country planning and local government committee chairman Jagdeep Singh Deo to head the committee and come up with the recommendations within a month, ” said Chow at Komtar here yesterday.

It was reported that the SCI tasked with investigating the Tanjung Bungah landslide in October 2017 had found the design engineer of the slope primarily responsible for the incident that claimed 11 lives.

The SCI, in its 116-page report made public, had recommended that the engineer be investigated by the police under Section 304A of the Penal Code for gross negligence.

Besides the engineer, the commission found another design engineer responsible for being “contributorily negligent” for allowing excavation to be carried out without design, engineering calculations and supervision.

Penang Island City Council engineering director A. Rajendran, who was also present at the press conference, said the stop-work order on the project was lifted after the developer completed mitigation works.“However, different engineers have been overseeing the project since work resumed some time ago, ” said Rajendran.

On Oct 21,2017, a temporary slope at the construction site of a high-rise apartment block in Tanjung Bungah collapsed while workers were trying to stabilise it.

Tonnes of earth crumbled, killing 11 workers. - Source link

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MBPP, Engineers, contractor, 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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Penang govt rapped over hill slope development

Halt all hillslope development, Penang Forum tells state | Free ...

FMT - GEORGE TOWN: The Penang Forum has repeated its call for all hillslope development to be stopped immediately, following deadly hillslope collapse ...

Geotechnical engineer Aziz Noor says the new project puts the people and the place in danger

Engineer: Lives at risk in Penang hill project

GEORGE TOWN: The DAP-led state government has turned a blind eye on the imminent danger of hill slope development, said a Tanjung Bungah resident.

At a forum-cum-press conference yesterday, geotechnical consultant Aziz Noor (pic) said building the proposed multi-storey mixed development behind the Miami Green Resort Condominium would pose a danger to the condo and its residents.

The development which has been approved on the class four hill, comprises five 29-storey building blocks, two 34-storey serviced apartments with 336 units each and one block of affordable apartments with 197 units.

Meanwhile, former Bukit Bendera MP Zairil Khir Johari, who is the Tanjong Bungah candidate for Pakatan Harapan, said the state government would review the guidelines on hill slope development. – Bernama


GEORGE TOWN: An engineer has sounded a warning about “imminent danger” from a new hillside development of eight tower blocks of apartments planned in an environmentally-sensitive area of Tanjung Bungah.

Geotechnical consultant Aziz Noor, speaking at a forum-cum-press conference today, accused the DAP-led state government of turning a blind eye on the imminent danger of hill slope development.

The proposed mixed development behind Miami Green Resort condominium puts the existing residence and its people in danger, he said.

The development has been approved on a 12-acre plot with a 35-degree slope on a Class Four hill, which exceeds 250 feet above sea level.

It comprises five 29-storey tower blocks, two 34-storey blocks of 336 serviced apartments each, and one block of 197 units of affordable apartments.

Aziz said that the project was not only in an environmentally sensitive area, it also contradicts the 2007 Penang Structure Plan that forbid any development above a gradient of 25-degree gradient and 250 feet above sea-level.

The design of one development does not guarantee safety. A Detailed Environmental Impact Assessment must be conducted and reviewed. This development puts the place and people in imminent danger,” he said.

Residents of the area said they had vented their frustration multiple times since November but had not received any response from the state government and Penang Island City Council.

The residents, together with the Tanjung Bunga residents association, had spoken on the matter many times, but no one seemed bothered, said one of the residents, Lim Liew Ming.

“Our lives are at risk. The upcoming development is a ticking time-bomb. Are the authorities waiting for a tragedy to happen, and only then act on it?,” she asked.

State Barisan Nasional chairman Teng Chang Yeow, who is also BN candidate for the Tanjong Bunga state seat in the general election, said the project should have been shelved from the beginning.

“We will put a stop to this. Even if we need to pay compensation,” he said.

The Barisan Nasional has pledged to declare all highland and hill slope areas of 250 feet above sea-level as permanent forest reserve.

Former Bukit Bendera MP Zairil Khir Johari, who is the Pakatan Harapan candidate for Tanjong Bunga, said the state government would review the guidelines on hill slope development.

Source:FMT.Click here to get live updates throughout the GE14 season


GEORGE TOWN: An MCA state leader has criticised Penang Chief Minister Lim Guan Eng over the latter’s statement that more stop-work orders have been issued against hillside development by the current state government.

State MCA Wanita chairman Tan Cheng Liang said Lim, who is also the DAP secretary-general, had “conveniently avoided” revealing the increase in number of protests in the state since 2008.

“He boasts about more stop-work orders being issued now compared to when Barisan Nasional was helming the state government.

“However, he failed to reveal that there have been more protests by Penangites against hillside development since Pakatan Rakyat took over.

“The latest is the chorus of dissatisfaction by residents of Mount Pleasure in Batu Ferringhi, objecting against approval accorded by the Penang Municipal Council (MPPP) for the construction of 21 four-storey villas and 80 two-storey bungalows there,” she said.

She said the 2008 DAP general election manifesto unveiled by Lim promised to “preserve our forest, wetlands and bio-diversity” while Pakatan Rakyat’s common policy framework stressed that the “environment must be preserved for the sustainability of future generations.”

“Just six weeks ago, Lim said in a speech that the Pakatan government was proud of its record of not approving any hillside development.

“However, the voices of disapproval by Penangites are evidence that Lim, the DAP and Pakatan are deceptive,” she claimed.

Citing examples, she said on April 8 this year, Sungai Ara residents protested against approval issued by MPPP Planning Department for two hillside development projects and in February 2009, Tanjung Bungah residents protested and submitted a memorandum calling on the state government to ban all current and future Class III and Class IV hillslope development projects.

“In view of these protests and to deliver the DAP and Pakatan’s pledge to protect the environment, I challenge Lim and the state government to issue a stop-work orders against all hillside development projects approved by MPPP,” she said in a press release yesterday.

Tan also took a swipe at Lim for focusing on luxury residences but allegedly had no regard for the poor.

“Approvals are given for exclusive housing and condominium projects on hills, but scant attention is given to low-cost housing for the poor where no low or medium cost units were constructed between 2008 to 2011,” she claimed.

On Tuesday, Lim said more stop-work orders had been issued by both local councils since 2008 compared to previously.

He said this proved that the state government was “more stringent in upholding the rule of law, demanding strict compliance with technical requirements and more unforgiving than Barisan.” - The Star

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www.asiaone.com/malaysia/dap-rep-slams-state-govt-over-hillslope-project

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