Only the company, Zhongshi International Sdn Bhd, had been fined RM45,000 for negligence by the sessions court under Section 15(1) of the Occupational Safety and Health Act 1994.

The group’s spokesman, Charles Hector, said none of the individuals had been charged, adding that under the same act, directors, managers or any other relevant officers can also be charged for this offence.

“It does not make sense to just charge a corporation while the wrongdoers walk free when the firm actually runs and acts according to the decisions of its directors, executives and owners,” he said in a joint statement.

“Assuming that there was no intent to murder, they could also be charged with culpable homicide not amounting to murder under Section 304(b) of the Penal Code.

“Since the company has pleaded guilty, we demand that the directors, manager and other officers be charged, tried and sentenced in court.”

Three Chinese nationals – Wu Tongzheng, Ding Kunfu and Jiang Jinbao – died in the incident on March 22 when one of the components of a launching gantry fell at the SUKE Elevated Highway construction site near Puncak Banyan, Cheras. Another worker was seriously injured.

Hector said the Occupational Safety and Health Amendment (OSHA) Bill 2020 was tabled in November last year and passed during the recent meeting of the Dewan Rakyat but has not been tabled at the Senate yet.

He said that under the amendments, the maximum penalty has been raised from RM50,000 to RM500,000, and urged the government to expedite the tabling and implementation of the changes for a safer workplace.