UNIVERSITI MALAYSIA PERLIS Test Academic Session Semester 1 2022/2023 NMJ30602 — Professional Engineers ‘Time: 1 hour Please make sure that this question paper has SIX (6) printed pages, including this front page before you start the test. ‘This question paper has TWO (2) questions. Answer ALL questions. SULITSULIT (NM330602) Question 1 C3, CO1, POG Figure 1 shows a work scenario in a factory. Based on Figure 1, classify FIVE (5) potential hazards with the types of hazards these workers will face while working in the factory. (10 Marks) | ~~ Figure 1: A work scenario in a factory Source: https://safety.unimelb.edu.aw/_ |__data/assets/pdf_fil file/0004/3918946/1: 1-15-16- Spot-the-hazards-game.pdfSULIT Question 2 C4, CO1, POG PETALING JAYA: Survivors would have a clear case fora claim of death by negligence against the persons involved if human interference in nature's ecosystem is determined to have led to the Batang Kali landslide disaster, says a lawyer. Derek Fernandez, who is also a Petaling Jaya City councillor, said, however, that if it was ascertained that the disaster ‘was an “act of God”, it would be more difficult to succeed in the claims. The "act of God" legal term refers to any events outside human control, such as a natural disaster. Nevertheless, the reason of the Batang Kali landslide must be determined first before survivors coule take legal action, he highlighted. “We need to first ascertain the cause of the landslide and get the official Teports. "The preliminary report suggests there was an underground flow of water and because of the increase in rainfall, it could be possible that the increase in water saturation of the soil caused earth movements resulting in a landslide. “If human action such as developments in the surrounding area was involved in changing or disrupting the flow of water, then certainly there would be a very clear case for a claim of death by negligence against the persons involved. “Now if the water flow has not been changed or disrupted by human actions, and the landslip disaster was an act of God, then it would be more difficult for the people to be able to claim," he said in an interview. “Femandez cited previous deadly landslide disasters such as the Highland Towers and Bukit Antarabangsa, which had been due to development projects. He also pointed out the issue of the landslide site Father's Organic Farm not being licensed to carry out camping activities. For the survivors to take legal action against the farm for negligence, the survivors would need to establish a duty of care and failure to take reasonable care. “"But in order to do that you must establish the actual cause of the disaster. "The first step for any legal action is you must get the report and cause," he said. Femandez, who is also an expert in planning and environmental laws, added that the government must impose a mandatory hydrological impact assessment report on all hillside developments including all urban development in flood-prone areas. Hydrologists must be engaged and it was important to map out the water flow as water was now becoming the single biggest issue, ‘whether it was related to flooding or landslides, he said. "All the water flows must be mapped and the effects of the surrounding development or increased rainfall on the water flow must be determined. "The government must make it mandatory for a hydrological impact assessment and hydrological report to be submitted as any document in planning and development control for any hillside developments and ‘where there are mixed gradients above 20°," he said.” ‘Souree : itps:/worw. thestar.com myinews/nation/2022/12/20/batang-kaliclandslide-if human-interference- led-to-disster-survivors-can-svefor-negigence-says-lawyer SULIT‘SULIT (NMIJ30602) a) The law of Tort is among the important law in any country. There are two categories of Tort, Compare TWO (2) categories of Torts and. give examples of these Tort categories based on the aforementioned recent case study of the Batang Kali landslide disaster. oe oF o< Marks)SULIT b) Classify TWO (2) criteria for the duty of care of Father's Organic Farm to be considered in negligence and give examples based on the aforementioned recent case study of the Batang Kali landslide disaster. (5 Marks)