Jagdeep Singh DeoGEORGE TOWN (Nov 3): The Penang government has set up a sub-committee to execute the decisions of the State Commission of Enquiry into the 2013 Second Penang Bridge and Menara Umno disasters.

State Town and Country Planning and Housing exco Jagdeep Singh Deo is chairman of the sub-committee, which members are Welfare, Caring Society and Environment exco Phee Boon Poh; Transport, Public Works and Utilities exco Lim Hock Seng; Islamic Affairs, Domestic Trade and Consumerism exco Datuk Abdul Malik Abul Kassim; and state legal adviser Datuk Aliza Sulaiman.

Jagdeep said the sub-committee would see that the commission’s findings and recommendations, compiled in a 600-page bilingual report that was given out to the media yesterday, were followed.

The report had stated that both incidents could and should have been avoided if "gross human errors were not committed".

Following its inquiry into the scaffold collapse on the Second Penang Bridge that killed a motorist on June 6, 2013,  the commission has recommended that the Board of Engineers Malaysia (BEM) performs a comprehensive review of the manner in which temporary works involving “heavy scaffolds” are designed, erected, supervised, inspected and certified safe for use.

BEM is also to "issue appropriate rulings" to provide greater clarity and details on the respective duties and responsibilities of engineers in different capacities so that each party is clear on its scope of work and that of others.

The sub-committee would see that these recommendations are obeyed. Jagdeep said BEM would also be directed to initiate disciplinary action against the engineers involved, to determine whether any of them has committed gross negligence, misconduct and unprofessional conduct, and to make such decisions as BEM saw fit based upon its findings.

For the case of Menara Umno fin wall collapse, which killed two people on June 13, 2013, the sub-committee will inform BEM to take disciplinary action against the project’s design engineer and submitting engineer, both BEM members.

It will also inform the state government to take action against the district officer at the time for dereliction of duty; and the Penang Island City Council (MBPP) to impose stringent processes and inspection requirements for buildings.

The report had recommended that the local council "requires engineers submitting drawings, plans and calculations to check and certify in writing the natural frequency of the building to be built (and of any member, element or structure appertaining thereto, especially a slender member, element or structure, which may have a natural frequency different from that of the building itself)."

If a building, member, element or structure is otherwise susceptible to dynamic resonance; the local planning authorities must also require the drawings, plans and calculations relating to the same to be thoroughly checked by an Independent Checking Engineer (ICE) who is a professional engineer, the report stated.

"We recommend that MBPP must henceforth seriously enforce section 85A of the Street, Drainage & Building Act 1974; and ensure that all affected building owners comply with the statutory requirement to conduct periodic structural inspections and to submit detailed reports on buildings to which the said section applies.

"A simple or brief confirmation by an engineer that a building is safe, without providing substantiation of the inspection carried out, should not be considered sufficient in fulfilling the said statutory requirement."

The report also recommended that MBPP must "immediately cease the practice of selectively granting 'special permission' for the commencement of construction work before the necessary building plans are approved; and the unwarranted exercise of any other discretion in a way that suggests favouritism or unjustified special treatment for any applicant for planning permission".

The subcommittee, Jagdeep said, would also see that the Penang government formed a committee to study and carry out appropriate logistical and other planning to ensure better preparedness for emergencies such as disasters or calamities occurring in the state; and conduct public education to equip the people with the knowledge to deal with such a situations.

He said the subcommittee would also communicate to the police the recommendation that its personnel assisting in emergency situations be trained to improve discipline and performance of their functions, such as manning cordons and seeking out and interview eyewitnesses at the earliest opportunity.

Meanwhile, the Penang government said it would provide legal assistance to the kin of the three victims, should they wish to pursue the matter. -- The Malaysian Insider

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