FOREIGN MAIDS FALLING FROM HIGHRISE FLATS

Mr Hawazi Daipi asked the Minister for Manpower if he will inform the House about new measures that his Ministry will take to overcome the problem of foreign maids falling from highrise flats.

Encik Othman bin Haron Eusofe (for the Minister for Manpower): Sir, my Ministry will take firm action against employers who subject their foreign domestic workers (FDWs) to safety hazards at work, such as cleaning the exterior of highrise windows. Every case of an FDW who falls from height will be investigated by the Police. Employers who are criminally negligent can be prosecuted under the Penal Code. The Work Permit Department (WPD) will also conduct its own investigations and the employer involved will not be allowed to recruit another foreign domestic worker until all investigations are completed or, if the fall leads to the FDW's death, until the Coroner's report is concluded. Employers who are suspected of exposing their FDWs to safety hazards will be asked to show cause why they should be allowed to employ foreign domestic workers in the future. All employers involved will also be issued with a stern warning to pay special attention to the safety of their FDWs.

My Ministry will continue to provide information and advisories to FDWs and their employers so as to ensure that their work is carried out safely.

Although the number of FDWs who fall from heights while performing household chores is very small, compared to the stock of more than 140,000 FDWs, every case of a fall is a matter of grave concern to my Ministry as it can be potentially fatal. I believe that such accidents can and should be avoided if employers make the special effort to ensure that their FDWs work safely at home.

Mr Hawazi Daipi (Sembawang): Sir, I have two supplementary questions. First, how does the Minister of State define criminal negligence in this case and, second, whether he has figures of such accidents over the past few years.

Encik Othman bin Haron Eusofe: In so far as criminal negligence is concerned, the Police will investigate the case to determine whether the employer has subjected the maid to hazards when she was at work. They would look into the case carefully. As for numbers, so far this year, we have one case. For the previous years, the number of falls is: 8 cases in 1999 and 9 cases in 2000. But for cases of maids who are considered to have fallen because of criminal negligence, we do not have the numbers. In fact, this depends on Police investigations. Although some of the cases are still under investigations, they have not established the fact yet.

Mr Chiam See Tong (Potong Pasir): Sir, maids falling from highrise buildings is not a new issue. We have debated this issue, I believe, in the Budget session of 2000. At that time ---

Mr Speaker: Order. Mr Chiam, no speeches. Ask your question, please.

Mr Chiam See Tong: Why is it that the Ministry is so reluctant to legislate that every maid washing the windows must wear a harness?

Encik Othman bin Haron Eusofe: Sir, firstly, it is not practical for maids to wear safety harness. They must be trained to use safety harness. Even workers who are asked to use safety harness sometimes have problems when they work from heights. Essentially, employers must make sure that their maids work in a safe way. Actually, cleaning highrise exterior windows is not a job for the maids. Will the employers do such a job? I do not think they will do it. If they do not want to do such a job, they should not ask their maids to do it. Cleaning the exterior of windows of highrise buildings is very hazardous and employers should not get their maids to do that.

Mr Chiam See Tong: Sir, I think the Ministry should not take the lives of maids very lightly. Since this problem is recurring, there must be something done and the best solution is to legislate, to make it compulsory for maids to wear some kind of a safety belt or something, whilst doing highrise dangerous work as I believe ---

Mr Speaker: Mr Chiam, what is your question? Ask your question. You are repeating what you have just asked earlier.

Mr Chiam See Tong: Will the Ministry reconsider legislating some kind of safety belt for maids working in highrise places?

Encik Othman bin Haron Eusofe: Sir, the answer is no. As I mentioned earlier, cleaning highrise windows is very dangerous and is not a job expected of maids.

Assoc. Prof. Chin Tet Yung (Sembawang): Sir, may I ask the Minister of State: to his knowledge, how many cases of prosecutions have there been for criminal negligence for maids falling off highrise buildings?

Encik Othman bin Haron Eusofe: At this stage, to my knowledge, there are no such cases. But I think the Police are still investigating some of the cases.

Assoc. Prof. Chin Tet Yung: May I ask the Minister of State whether it would not be right to say that if there is no legislation preventing maids from cleaning windows in highrise apartments, they would be compelled, I suppose, under employers' pressure, to do the same and therefore it is very unreasonable to think that maids can resist employers' demand for such actions, and should the Ministry not consider making some regulations for employers to prevent them from telling maids to clean windows in highrise buildings?

Encik Othman bin Haron Eusofe: As mentioned in an earlier reply, maids sometimes have grievances when their employers ask them to do things which are not reasonable or hazardous. Some of them, as I mentioned earlier, complain to the embassy. They can also complain to our Ministry. We will look into the complaint to see whether it is valid or not. And if employers ask maids to do hazardous duties such as cleaning highrise windows, then we will advise the employers, "Please do not do so. This is not expected of the maids." I do not think the employers themselves would have done that in the first place. The maids have a recourse. In fact, we have a hotline where maids can contact the Ministry when they feel that their employers are giving them jobs which are not safe or their security is being compromised.

Assoc. Prof. Toh See Kiat: Sir, two supplementary questions for the Minister of State. First, would he not agree that if the Ministry legislates on the use of a harness for domestic workers, this would, in fact, be encouraging employers to ask domestic maids to do something that they should not be doing?

The second question is: instead of waiting for the police to prosecute under criminal negligence, which is difficult to prove, would it be more effective for the Ministry to consider taking away the permission for the employer to employ a maid if the maid is found to be in a situation of cleaning the exterior of a window?

Encik Othman bin Haron Eusofe: Sir, on the use of a harness, I have answered it earlier. It is not something that we will want to encourage or legislate. In fact, it is not the duty of the maid to clean windows of highrise buildings. And it might just give them a false sense of security if they use it because, in the first place, they may have problems with the use of the harness.

Sir, can the Member repeat his second question?

Assoc. Prof. Toh See Kiat: Instead of legislating on the use of a harness, would it be more effective for the Ministry to consider provisions like taking away the permission for the employer to employ a maid or finding some other method, instead of waiting for prosecution under criminal negligence, which is very difficult?

Encik Othman bin Haron Eusofe: Thank you for the question which I will clarify. Yes, we do that. If we find that maids have not been properly treated, abused or asked to do things which are dangerous, we will cancel the permit. And we will not allow that particular employer to employ maids in the future.

Mr Charles Chong (Pasir Ris): Sir, would the Ministry of Manpower consider including households as workplaces so that the safety laws on workplaces can be applied to domestic workers as well? If not, why not?

Encik Othman bin Haron Eusofe: Sir, the Minister has answered that question yesterday. We are reviewing the Factories Act, but we will have to prioritise which places are more prone to accidents and are more dangerous. For households, it is not easy. To designate a household as a workplace, I think there are lots of things that we need to look at. Again, as I have mentioned, the number of accidents is small. Basically, if the employers look after the welfare and security of their maids carefully, develop a good working relationship, a lot of these problems can be avoided.

Mr Goh Chong Chia: The exterior of a window is part of common property. Why do we not compel the management corporation to clean those windows, instead of getting maids to do it?

Encik Othman bin Haron Eusofe: Sir, the duties of a management corporation are not related to this question. He may want to ask the relevant Ministry.

Mr Goh Chong Chia: Sir, if somebody else cleans the window, then the maid does not have to clean it.

Encik Othman bin Haron Eusofe: For some of the big buildings, the management corporations employ professionals to do it. They are properly equipped and have the expertise to clean windows. It is up to the management corporations to consider it. There is nothing to stop them from doing this. And if it is a requirement for management corporations that they should do this, as I said, it is outside the scope of this question. And the Member may want to raise it with the relevant Ministry.