Fatal Tuas blast: Inquiry committee finds grounds for criminal charges
Report notes potential breaches under the Workplace Safety and Health Act and Penal Code
Sign up now: Get ST's newsletters delivered to your inbox
An inquiry committee that looked into the Tuas explosion which killed three workers in February last year has concluded that Stars Engrg, sole director Chua Xing Da and production manager Lwin Moe Tun could have committed criminal offences in the tragedy.
In the committee's 89-page report released yesterday afternoon, Senior District Judge Ong Hian Sun, the committee's chairman, noted potential breaches under the Workplace Safety and Health Act (WSH) and Penal Code.
"It is timely that we send a clear and cogent message that a callous and cavalier attitude towards the safety of workers will not be condoned and all stakeholders must do their parts," the committee added in its report.
Commenting on the findings, the Ministry of Manpower (MOM) said the report is being studied by the public prosecutor.
The ministry added that the inquiry committee had also laid out enhancements to the WSH and other recommendations, which the Government has accepted.
The accident happened on Feb 24 last year around 11.20am when an over-pressured mixer machine exploded in the Stars Engrg workshop at 32E Tuas Avenue 11, injuring 10 workers, including eight employees of the company.
Three of the employees, Indian national Subbaiyan Marimuthu, 38, and 29-year-old Mr Anisuzzaman Md and Mr Shohel Md, 23 - both from Bangladesh - later died in hospital from severe burns that covered 90 per cent of their bodies.
The two workers who suffered minor injuries were working in P3 Project, an engineering company located in a nearby unit.
The inquiry committee heard that Mr Chua had purchased the mixer machine on e-commerce site Alibaba, which Stars Engrg used to make an insulation material called fire wrap by heating up an oil jacket that wrapped around the main mixer compartment of the machine. Ingredients such as potato starch and water were then combined in the mixing compartment to construct fire clay.
The fire wrap is made by wrapping the fire clay with other components such as ceramic fibre and fibreglass within aluminium sheets.
The inquiry committee, which was appointed on March 2 last year, heard that the machine developed a number of problems prior to the blast - the heaters glowed red and caught fire, workers heard the sound of some-thing boiling in the oil jacket, and cracks also formed in the oil jacket, with oil and smoke leaking out of the jacket.
Mr Marimuthu was worried enough to raise his concerns about the machine with Mr Chua.
The worker also sent a photo of the machine to Mr Lwin Moe Tun two minutes before the explosion.
The inquiry committee said the accident was rooted in the unsafe use of the mixer machine.
Stars Engrg had failed to use enough thermic oil in the oil jacket - a heat transfer fluid - causing it to overheat. The company also failed to properly attach a temperature sensor on the jacket.
The report added that two vents on the machine were also sealed off, which led to over-pressurisation of the oil jacket. It also noted that the repeated heating and cooling cycle with each operation of the mixer machine had stressed the oil jacket's integrity, resulting in the oil jacket eventually losing its mechanical strength.
"This was exacerbated by the weakening of the weld seams due to poor quality repair welds done by Stars Engrg's workers.
"As a consequence, the oil jacket ruptured outwards at the weak points, fracturing at the weld seams," the inquiry committee said. It resulted in the explosion and subsequent flash fires.
"This fateful accident serves as a solemn reminder that even an inherently safe machinery has the potential to cause a catastrophe if improperly used," the inquiry committee said.
The public hearings were held over two tranches from September to November last year, with Senior State Counsel Kristy Tan leading the evidence. Stars Engrg was represented by Rajah & Tann lawyers led by Mr Thong Chee Kun.
The report concluded that there was sufficient evidence to show that Stars Engrg, Mr Chua and Mr Lwin Moe Tun had committed criminal offences.
During the hearings, Mr Lwin Moe Tun admitted to deleting the photo of the damaged mixer from Mr Marimuthu's phone, which the worker had sent just before the explosion, and two messages the production manager sent in response.
The company, the report noted, had failed in its legal duty to ensure the safety and health of all its employees.
As for Mr Chua, he could be liable for obstructing the course of justice when he lied to MOM investigators and failed to mention that Mr Lwin Moe Tun had deleted the WhatsApp messages.
The inquiry committee also noted that despite having insufficient knowledge of how the mixer machine was to be safely used, he had installed and commissioned the mixer machine by himself.
"Chua had made ill-founded assumptions when dealing with the operation, modifications and failures of the mixer machine, and had been the person responsible for instructing Stars Engrg's workers on dealing with the mixer machine," the inquiry committee said.
Mixing machine not high-risk: Panel
The mixing machine which exploded in the accident is generally not a high-risk piece of equipment when properly used, said the inquiry committee.
It added that the combustible powders were also commonly used in the industry as well as in households, such as flour and sugar.
"Hence, the inquiry committee is minded not to recommend knee-jerk reactions that could result in over-regulation and impose excessive regulatory burden on the economy," said the three-member committee.
However, it added that the accident has shown that more could be done to enhance the existing regimes in order to prevent a similar accident.
Aside from Senior District Judge Ong Hian Sun, the committee included two assessors - Mr Lucas Ng Hong Kiang, an engineer and general manager of plant at Petrochemical Corporation of Singapore; and Dr Peter Nagler, chief innovation officer at the Agency for Science, Technology and Research.
Other gaps identified in the report include:
- Lack of competent personnel to commission and operate the mixer machine, and identify and solve the problems arising from the use of the machine.
- Not providing or ensuring workers wore suitable personal protective equipment such as fire retardant clothing.
Recommendations by the inquiry committee include: - The Workplace Safety and Health Act to be reviewed and expanded to ensure that additional duties are imposed on manufacturers, suppliers, installers and those who modify types of machinery such as those powered by mechanical, electrical and hydraulic energy.
- Suppliers of materials that pose a defined level of combustible dust hazard to include a label informing on the hazard before selling or redistributing.
- Companies that handle prescribed amounts of specified combustible powders to register with or notify the authorities.
- To conduct more outreach and guidance efforts, specifically directed towards small and medium-sized enterprises, as well as workers who may be at risk.
3 of 5 injured workers still here; other 2 are back home
Three of the five employees of Stars Engrg who survived the explosion remain in Singapore.
During a media conference yesterday on the findings of the inquiry committee, Senior Minister of State for Manpower Zaqy Mohamad said the claims for two of them have been completed, and they will be receiving payouts.
The claim for the final employee is pending a medical assessment.
"In the meantime, their living and medical expenses are being paid for by Stars Engrg," said Mr Zaqy, without disclosing the identities of the workers who have returned home.
THE INJURED:
Mr Mehedi, 22
- 58 per cent burns to face, neck, scalp, chest, arms, back, buttocks and left leg.
- Loss of strength and mobility in fingers.
- Eyes permanently damaged. Vision blurry and has to wear sunglasses when out in the sun.
Mr Hossain Jitu, 32
- 54 per cent burns to face, neck, chest, back, arms and legs.
- Skin beneath eyes burned, unable to close eyes and sleep after incident.
- Loss of strength in hands.
- Unable to open mouth fully.
Mr Molla Md Yousuf, 28
- 35 per cent burns to face, neck, scalp, arms, chest and right foot.
- Vision blurry.
- Involuntary spasms.
Mr Rahad Asfaquzzaman, 30
- 48.5 per cent burns to face, neck, scalp, arms, chest, back and left foot.
- Vision blurry and unable to produce tears when crying.
- Loss of strength in hands.
Mr Ahmmed Lizon, 27
- 37 per cent burns to face, neck, scalp, arms, back, abdomen, left knee and foot.
- Dry eyes requiring eye drops every two hours.