A three-member bench chaired by Hanipah Farikullah said there was no appealable error by the High Court, which confirmed the decision of the sessions court.

She said the company did not comply with its own internal guidelines and failed to ensure a contractor complied with the job method statement.

Hanipah, who sat with Che Ruzima Ghazali and Nordin Hassan, said the company also failed to carry out a job hazard analysis.

“In view of the above, the appeal is dismissed,” she said, in also affirming RM5,000 in costs to the prosecution.

The company was found to have committed an offence under Section 15(1) of the Occupational Safety and Health Act 1994 for failing to provide a safe work system for the work to remove and install grating at its onshore gas terminal at Kerteh in Kemaman, Terengganu.

This had contributed to a fatal accident which claimed the life of Md Noor Yusof on March 13, 2014.

The penalty for the offence upon conviction is a maximum fine of RM50,000 or a jail term of up to two years, or both.

The facts revealed that the accident occurred at the Resak delivery system platform in Kemaman, owned by Petronas Carigali, which had engaged the services of a subcontractor, PFC Engineering Sdn Bhd.

The subcontractor was to carry out grating replacement works on the platform and this was supervised by Md Noor.

During an inspection of the grating replacement works, Md Noor fell from the platform and died.

Lawyer Ragunath Kesavan represented the company while deputy public prosecutor Ku Hayati Ku Haron appeared for the prosecution.