MUHAMMAD ARIF IZZAT BIN MOHD AYOB

BOSH 1501-5606

NADOOPOD 2004 (DANGEROUS OCCURRENCE)

LITERATURE REVIEW ON BRIGHT SPARKLES SDN BHD EXPLOSION
In 1991, an explosion happened near Kampung Baru, Sungai Buloh, Selangor where
it involved with death and injuries. The explosion came from a factory named Bright
Sparkles Sdn. Bhd., that manufactured and produced fireworks and the factory itself
had operated illegally since 1978. The incident that happened in 7th May 1991, at
approximately 3.45pm, had lead to 23 death of people and 83 person injured.
Explosion of the factory happened because of the carelessness of Bright Sparkles Sdn.
Bhd., when they done firework testing outside from the designated perimeter of the
testing area.
(Taken from Malapetaka mercun!, Utusan Online, 23 July 2011)
LAWS THAT APPLIED ON BRIGHT SPARKLES SDN BHD EXPLOSION
The act that applied to the Bright Sparkles Sdn Bhd explosion is OSHA 1994 (Act
514). This explosion fell under the Section 32(1) where in this case, the employer has
to notify the nearest OSH office since the explosion had occured and this incident is
fall under the accident and dangerous occurrence.
Other contributing sections that applied to the explosion are Section 15, 16,
24, 29, and 30. In Section 15, it is the duty of an employer to practice ALARP to all of
employee and in this case, the employer did not even apply ALARP at the factory
where the workers carelessly made the firework testing not in the specific testing area.
From the explosion incident itself, there are no policy relating to safety and health
applied at the Bright Sparkle Sdn. Bhd. (Section 16), the workers did not take
reasonable care of the safety and health when made the firework testing where
resulted to mass explosion (Section 24), there was no competent person to act as SHO
at the factory (Section 29), and there was also no safety and health committee since
the factory absolutely has at least forty workers compared to the death and injury rate
(Section 30). Bright Sparkles Sdn. Bhd. employer and employee are eligible to be
penalty where for Section 15 and 16, the person who responsible for the offence is
liable to be fine fifty thousand ringgit or two years imprisonment or both. For Section
24, one thousand ringgit or three months imprisonment or both and for Section 29 and
30, ten thousand ringgit or one year imprisonment or both.
NADOOPOD 2004 also can be applied relating to this explosion incident
where it fell on Second Schedule [subregulation 5(1)] Dangerous Occurrence Part
I(6). The factory should notify and report the accident and dangerous occurrence since

there was death and injuries based on NADOOPOD 2004 Part II 5(1)(a), and (b). The
aftermath of the explosion is also important as there shall no inteference on the
accident scene (except to certain extent) and make record of the dangerous occurrence
based on NADOOPOD 2004 Part III 9(a),(b), and (c) and NADOOPOD 2004 Part IV
10(1(a)),(2), and (3). If the person responsible contravenes the regulations, the person
is liable to be fine ten thousand ringgit or one year imprisonment or both.
CONTROL MEASURES ON BRIGHT SPARKLES SDN BHD EXPLOSION
Eliminate the explosive substances and replace with substance or process that
get rid of the explosive risk
Reduce thre quantity of dangerous substances to an ansolute minimum
Prevent an explosive atmosphere forming
Set up hazard and safety signage on designated region and implement zoning
of hazardous or explosive testing area
Provide training on how to handle explosive substances and attache MSDS
with substances
Control release of substances at source
Provide explosion suppression or explosion relief equipment
Provide suitable PPE (eg: HAZMAT suit)
SUMMARY
Based on the literature review of Bright Sparkle Sdn. Bhd., the explosion that
happened was in 1991, but OSHA is implement in 1994 and the establishment of
OSHA 1994 was because of this dangerous occurence and in this case is about the
firework explosion. The dangerous occurrence also leads the Malaysia Fire and
Rescue Department (BOMBA) in establishing HAZMAT teams that specialize in
hazardous materials. It is important for others that are working using explosive
materials or substances by following regulations that has been outlined by DOSH so
accident can be mitigate and practicing good control measures manage to lessen the
probability of dangerous occurrences at the workplace.
References
N.A. (2011, July 23). Malapetaka mercun! Utusan Online. Retrieved on March 17, 2015, from
http://ww1.utusan.com.my/utusan.info.asp?y=2011&dt=0723&pub=Utusan
Malaysia&sec=Rencana&pg=re05.htm
Legal Research Board. (2014, October 20). OSHA 1994 (ACT 514), Regulations & Orders. ILBS : Batu
Caves, Selangor.