Action on vehicle operator certain

LABUAN: The Department of Occupational Safety and Hazards (Dosh) must determine whether safety protocols were breached when a 40-foot container toppled over and crushed a passing Toyota Avanza with a 53-year-old man and his 24-year-old daughter inside on Sunday.

“Though Dosh is not responsible for third party liability beyond the workplace, the investigation will be useful to other agencies involved in the probe and in establishing the cause or causes,” said activist Lau Seng Kiat.

He said many are asking whether the right equipment was used and whether there were signalmen to guide traffic passing the dangerous zone. He said the outcome of the investigation would help review the system and avoid future mishaps.

He there had been several such incidents in the peninsula in the past with lives lost. In Labuan, there was also a case of a 20ft container falling off a trailer on a busy street some time ago. No one was hurt.

The Government took a serious view of workplace accidents and had updated its penalty to RM500,000 and two years imprisonment or both.

According to witnesses, the trailer was loading a container from the roadside when the tragedy happened. The lorry driver was detained.

Sabah Commercial Vehicle Licensing Board (Sabah CVLB) would finalise appropriate action against the commercial operator on Oct. 30.

CVLB Sabah Chairman Senator Datuk Phoong Jin Zhe said it viewed the matter seriously and would not compromise on any negligence or regulatory breaches that could endanger road users.

“This could include considering recommendations to suspend or revoke relevant licences, subject to the outcome of investigations and applicable laws,” he said, Tuesday.

Phoong said CVLB Sabah would also continue to work closely with the police and the Road Transportation Department (JPJ) to ensure firm legal actions are taken against those who are held responsible.

Liberal Democratic Party (LDP) central vice-president and Api-Api division chairman Sim Fui called for a review of container lorry safety following the tragedy.

He said the incident highlighted the importance of road safety, particularly involving heavy commercial vehicles.

Sim said the authorities should investigate the cause and review container securing mechanisms, trailer conditions and drivers’ operating procedures.

He noted that shipping containers were generally secured to the trailer chassis using twist-lock mechanisms designed to prevent them from shifting or becoming detached during transportation.

Sim said any perception among drivers or industry operators that securing containers could increase the risk of a trailer overturning should be examined to determine whether it contributed to unsafe practices.

“Container securing and vehicle rollover prevention are two separate but equally important safety considerations.

“The fear of a vehicle overturning must never become a justification for leaving container safety locks unsecured,” he said in a statement.

He said heavy vehicle rollovers could involve several factors, including excessive speed, turning manoeuvres, the vehicle’s centre of gravity and uneven cargo weight distribution, which should be assessed by qualified professionals and the relevant authorities.

Sim urged the Road Transport Department (JPJ), the Land Public Transport Agency (APAD) and other relevant authorities to strengthen inspections of container twist-lock mechanisms, trailer chassis and other securing devices.

While acknowledging the importance of port logistics and freight transportation to Sabah’s economic development, Sim stressed that operational efficiency must not take precedence over public safety.

“No delivery schedule, operational convenience or commercial consideration should ever be placed above the safety of human lives,” he said.

He urged the authorities to expedite the investigation, establish the actual cause of the accident and make the findings public, together with the necessary corrective and preventive measures.