better safe than sorry the shena story packs/outreach programme...brunei a safe place to work and...

BETTER SAFE THAN SORRYTHE SHENA STORY

08 October

2019

Presented by:Jaime Rebelo, Chief Inspector, SHENA

TABLE OF CONTENTS

01OVERVIEW OF SHENA

08HSE LAW

25NATIONAL HSE THEMES

33LEARNING FROM EXPERIENCE

35SUMMARY

36CONCLUSION

OVERVIEWOF SHENA

w w w . s h e n a . g o v . b n

BACKGROUND

§ A statutory body set up under the Safety, Health and Environment NationalAuthority Order, 2018 and enforced April 2017.

§ The Authority regulates and enforces all matters relating to workplace safetyand health, environment and radiation within Brunei.

§ A Chief Executive Officer (CEO) heads the Authority and is ultimatelyaccountable for the function and affairs undertaken by the Authority. He isresponsible to the Authority and reports directly to the Minister in Charge(Minister of Energy, Manpower and Industry).

§ Appointed inspectors have specific legal powers to enforce and regulateworkplace safety and health, environment and radiation laws on behalf ofthe SHENA.

01


FUNCTIONS

02

INSPECTION

INVESTIGATION

EXAMINATION OF NOTIFICATION

EXAMINATION AND CERTIFICATION OF SAFETY CASE

EXAMINATION OF SAFETY MANAGEMENT SYSTEM

LICENSING

ADVISE GUIDANCE AND SUPPORT TO INDUSTRY


FUNCTIONAL CHART

03

CEO

DCEO

INDUSTRY SECTOR

MAH INDUSTRY NON-INDUSTRY

SPECIALIST SUPPORT FUNCTION

RADIATION DEPARTMENT

CORPORATE SUPPORT FUNCTION

HUMAN RESOURCES

DEPARTMENTLEGAL

DEPARTMENTFINANCE

DEPARTMENT

1. Major Accident Hazard: Oil and Gas Petrochemicals, Hazardous substance

2. Industry: Rest of Industry3. Non Industry: Hospitals, schools,

offices

INDUSTRY SECTORS1. Radiation Department2. Technical Support Unit.

SPECIALIST SUPPORT1. Human Resources Department2. Legal Department3. Finance Department

CORPORATE FUNCTION


VISION, MISSION & PRINCIPLES

VISION

We are committed to makinga difference and ensuringBrunei is a safe place to workand live

MISSIONWe will maintain a robust fit for purpose national safety, healthand environmental regulatory framework and ensure that risks topeople, assets and the environment are controlled in compliancewith:

§ Laws and regulations§ Set by the government§ Implemented by those who create the risk§ Underpinned by continuous improvement

ACTIVITIESWe will ensure a transparentand open dialogue with all ourstakeholders. Compatible withthe aspirations of the nation.Our stakeholders includeindustry, government, and thegeneral public and our keyprinciples apply equally to all.

IN ALL OUR

PRINCIPLESOur operational philosophy is governed by four key principles:

STRUCTURED: a structured legal framework with a risk-based approachAUDITABLE: accountable for our actions as a regulatorFOCUSED: across all our interactions with all our stakeholders ENGAGED: open, transparent and respectful in all our discussions

written or otherwise

04


LAWS

ENFORCEMENT OF THE WORKPLACE

SAFETY AND HEALTHORDER (WSHO) 2009

This order is goal setting and describes the general safety and health expectations on all workplaces.

Duties are placed primarily on the Employer, with further duties on employer roles, such as contractor, sub-contractor, designer, manufacturer. There are also duties placed on individual employees.

The Laws ensure that those creating the risk reduce those risks to persons (employees and public), assets and the environment, to As Low As is Reasonably Practicable.

ENFORCEMENT OFTHE ENVIRONMENTAL

PROTECTION ANDMANAGEMENT

ORDER (EPMO) 2016

This order is goal setting and describes the general environmental expectations on all industry sectors and persons.

ENFORCEMENT OF THE RADIATION

PROTECTIONORDER 2018

This order is goal setting and describes the general expectations on all industry sectors covering radiation requirements of the International Atomic Energy Agency (IAEA).

05


CATALYST FOR CHANGE

Board of inquiry (BOI) into the structural collapse incident at Maktab Sains, Kuala Belait

on the night of 22nd October 2014

One of the key recommendations was To create a single national Competent HSE Authority

06


THE ROAD TO CHANGE

2009

2013

2014

2015

2016

2017

2018

2019

Workplace Safetyand Health Order gazette

WSHO

Enforcement of Workplace Safety and Health Order

WSHO

COMAH reg. for MAH facilities

COMAH

Six (6) Regulations 1. General Provision 2. Construction 3. WSH Officers 4. WSH Committee 5. Incident Reporting 6. Risk Management

Environmental Protection andManagementOrder

EPMO

WSH OfficersNEBOSH IMIST Scaffolding

Regulatory requirement

Schedule for COMAH Fees COMAH amendment

SHENA established SHENA Order

RPO gazette

Radiation Protection Order

S T A T I S T I C S

Inspections

205Investigated &

Monitored

74%

Initial Incident Notification

357Major

Accident

6Fatality

(Work related)

56

Safety Cases Reviewed

360Stop Work

Order

16

Remedial Order

20

Industry Forum

14*Data recorded since 2013

07

HSE LAW


HSE LAW

08

SAFETY, HEALTH & ENVIRONMENT LEGISLATION

WSHO

§ Construction§ Safety Committees§ Incident Reporting§ General Provisions§ Risk Management§ Safety Officers§ COMAH§ Abrasive / Blasting§ Ship Building§ Registration of factories§ First Aid

SAFETY& HEALTH

ENVIRONMENTEPMO

§ EIA§ Air Pollution Control§ Control of Haz Substances§ Licensing & Permitting§ Water Pollution Control§ Environmental Audit§ Land Pollution Control§ Noise Pollution Control§ Emergency Response oil

and Chemical spills


HSE LAW

Workplace Safety and Health Order 2009 (WSHO) and its Regulations

What does it mean for YOU?

09


HSE LAW

The WSHO is the highest level safety and health legislation in BruneiIt is the enabling framework for all other S&H regulations

WSHO

10 REGULATIONS Control of Major Accident Hazards (COMAH) regs

Applies toAll workplace in Brunei

Apply to All workplaces in Brunei

Incl Offshore Onshore facilities

Applies only toOffshore Onshore facilities

10


HSE LAWRegulations

Construction

HazardousSubstances

Or Certain Activities

Facility COMAH

PersonsAt Work

Work place

PersonsEmployed in

certain activities

Factory

Includes

Includes

WSHO Key definitions

Ship BuildingStand alone

PremisesAny place whether enclosed, built or

not: underground or underwater Any building, vehicle, vessel, aircraft,

Any structure fixed or moveable

Gen Provisions

Safety Officers

Committees

Register Factories

Risk management

First Aid

Abrasive Blasting

Incident Reporting

Construction Activities

11


HSE LAW

WHERE DO THE REGULATIONS APPLY?

WORKPLACE SAFETY AND HEALTH ORDER

WORKPLACE

§ Construction§ First Aid§ Abrasive / Blasting§ Incident Reporting § Risk management

FACTORY

§ Construction§ First Aid§ Abrasive / Blasting§ Incident Reporting § Risk management +§ General Provisions§ Safety officers§ Safety Committees§ Registration of

factories

FACILITY§ Construction§ First Aid§ Abrasive / Blasting§ Incident Reporting § Risk management +§ General Provisions§ Safety officers§ Safety Committees§ Registration of

factories +§ COMAH

12


HSE LAW

WHAT DO THE ORDER AND REGULATIONS REQUIRE?

The WSHO sets the general framework to which all companies must comply

The regulations set more detailed requirements that have to be followed to comply with the general requirement under the WSHO eg.

13


HSE LAW

The WSHO sets the general framework to which all companies must comply. WSHO – Implemented 1 August 2013

Clause 12: Duties of Employers.1) It shall be the duty of every employer to take, so far as is reasonably practicable, such measures as are necessary to

ensure the safety and health of his employees at work.

2) It shall be the duty of every employer to take, so far as is reasonably practicable, such measures as are necessary toensure the safety and health of persons (not being his employees) who may be affected by any undertakingcarried on by him at the workplace.

Clause 14: Duties of principals.1) Subject to subsection (2), it shall be the duty of every principal to take, so far as is reasonably practicable, such

measures as are necessary to ensure the safety and health of:a) any contractor engaged by the principal when at work;b) any direct or indirect sub-contractor engaged by such contractor when at work;c) any employee employed by such contractor or sub-contractor when at work.

2) The duty imposed on the principal in subsection (1) shall only apply where the contractor, sub-contractor oremployee referred to in that subsection is working under the direction of the principal as to the manner in whichthe work is carried out.

14


HSE LAW

Clause 14A: Additional duties of principals in relation to contractors

1) It shall be the duty of every principal to take, so far as is reasonably practicable, such measures as are necessary to ensure that any contractor engaged by the principal:

a) has the necessary expertise to carry out the work for which the contractor is engaged by the principal to do; and b) has taken adequate safety and health measures in respect of any machinery, equipment, plant, article or process used, or to

be used, by the contractor or any employee employed by the contractor.

2) The duty imposed on every principal under subsection (1)(a) includes ascertaining that the contractor engaged by the principal and any employee of the contractor:

a) have sufficient experience and training to carry out the work for which the contractor is engaged by the principal to do; andb) have obtained any necessary license, permit, certificate or any other document in order to carry out the work for which the

contractor is engaged by the principal to do.

3) The duty imposed on every principal under subsection (1)(b) includes ascertaining that the contractor engaged by the principal:

a) has conducted a risk assessment in relation to the safety and health risks posed to any person who may be affected by the work for which the contractor is engaged by the principal to do; and

b) has informed any person who may be affected by the work for which the contractor is engaged by the principal to do of the nature of the risk involved in the work and any measure or safe work procedure which is implemented at the workplace.

15


HSE LAW

The WORKPLACE SAFETY & HEALTH ORDER applies to

all construction activities, which is a prescribed activity under the First Schedule including

§ The General Provisions Regulations§ The Construction Regulations§ The Risk Management Regulations§ The Incident Reporting Regulations

The following regulations also apply

§ Workplace Safety and Health Officers Regulations§ Workplace Safety and Health Committees Regulations

The Environmental Protection & Management Order applies to all construction activities

16


HSE LAW

Workplace Safety and Health (Construction) Regulations, 2013

What does it mean for YOU?

17


HSE LAW

Safety and health management system.

4. (1) It shall be the duty of the occupier of a worksite to implement and maintain at all times a safetyand health management system for the purpose of ensuring the safety and protecting the health ofevery person within the worksite, whether or not the person is at work or is an employee of theoccupier.

Safety and health training.

9. (1) It shall be the duty of:

(a) The employer of any person and the principal….for a worksite, to ensure that every person andsupervisor on a worksite has received adequate safety and health training to ensure the work is carriedout safely.

“professional engineer” means a person registered under any written law relating to professional engineers;

18


HSE LAW

Implementation of permit-to-work.

11. (1) It shall be the duty of the occupier of a worksite at which any high-risk construction is or is to becarried out to:

a) appoint a project manager for the worksite;

b) appoint a safety assessor (a workplace safety and health officer or competent person);

c) take, such measures as are necessary to ensure that a permit-to-work system is implemented for thatworksite.

Additionally -

Persons should be informed of the hazards, precautions to be taken and enforced on the worksite.

21. Stability of structures.

22. Falling hazards.

25. Protection against falling objects.

27. Hazards arising from protruding objects.

19


HSE LAW

31. Safe means of access and egress between different working levels inbuilding or structures.

33. Personal protective equipment.Eye protection, fall protection, foot protection, hand protection, head protection, hearing protection, andrespiratory protection.

34. Electrical power circuits.It shall be the duty of the employer and the principal to comply –

- tools, machinery – provided with signage and maintained, instruction, protection against electricshock, earthing and safe insulation.

49. Inspection by designated person.

56. Design of chute by professional engineer.

20


HSE LAW

63. Design and construction of formwork structure.(1) Where a formwork structure exceeds 9 metres in height, it should be designed, reviewed and any modification endorsed by a professional engineer and no other.

78. Duties of professional engineers on excavation.Take and ensure safe measures in the execution and construction of the excavation toprotect persons at work on that worksite.

141. Offence.Any person who contravenes any provision….is guilty of an offence and liable uponconviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 2 yearsor both.

21


LEGISLATION UPDATE

AMENDMENTS

WSHO§ Workplace Safety and

Health (Amendment) Order, 2019

§ WSH (Officer) Regulations

DRAFTING

WSHO

§ WSH (Work at Heights) Regulations

§ WSH (Operation of Cranes) Regulations

§ WSH (Workplace Safety and Health Coordinators) Regulations

§ WSH (First-Aid) Regulations§ Pipeline Safety Regulations

RPO § Radiation Licensing Regulations

SHENA§ Safety, Health and

Environment National Authority (Amendment) Order, 2019

Scaffolding § Guidelines For The Safe Use of Scaffolding

EPMO§ EIA Regulations§ APC Regulations§ Open Burning Regulations

22


HSE FRAMEWORK

1. WORKPLACE SAFETY AND HEALTH OFFICER (AS PER WSHO 2009)§ Qualification NEBOSH IGC§ Minimum 2 years relevant work experience§ Registration and appointment with SHENA§ Letter of Registration § WSH Officer Card

2. MINIMUM HSE AWARENESS TRAINING – COMAH FACILITIES§ International Minimum Industry Safety Training (IMIST)§ Frontline Supervisors

3. MINIMUM HSE AWARENESS TRAINING – CONSTRUCTION INDUSTRY§ Construction Minimum Industry Safety Training (CMIST)§ Frontline Supervisors

FRONTLINE SUPERVISOR

means the most senior person based predominately at the work site, who has been given the authority to manage a group of workers in the execution of a given work scope, and who is responsible for ensuring that all the HS&E requirements pertaining to that work scope are fully understood and implemented.

23


HSE LAW

1. BRUNEI REGULATORY FRAMEWORK – JOINT INDUSTRY DEVELOPMENTS

ENHANCING ACCOUNTABILITY WHILST ENSURING COMPLIANCE TO LEGISLATION

2. SAFETY MANAGEMENT SYSTEM IMPLEMENTATION ACROSS INDUSTRY SECTOR§ SHARING OF INFORMATION§ JOINT INDUSTRY INTEGRATED SOLUTIONS§ TRANSPARENCY WITH GOVERNMENT REGULATORS

3. ONE CONSISTENT MESSAGE FROM THE REGULATOR§ COMPLIANCE IS NOT NEGOTIABLE

4. SEEKING OUT BEST PRACTICES THAT BENEFIT INDUSTRY§ SCAFFOLDING SAFETY PRACTICES§ CRANE AND WORK AT HEIGHT OPERATIONS§ IMPROVEMENTS IN PERSONAL SAFETY EQUIPMENT§ ENHANCED HSE AWARENESS TRAINING - CMIST

5. BUILDING CAPACITY AND CAPABILITY ACROSS INDUSTRY§ EFFECTIVE RESPONSE THROUGH CONTINOUS IMPROVEMENT IN STANDARDS§ ACTIVE DIALOGUE WITH ALL STAKEHOLDERS§ SCRUTINY THROUGH MONITORING AND INVESTIGATION

6. COORDINATION AND COMMUNICATION LINKS§ AN OPEN DOOR POLICY WITH REGULAR FACILITY INTERFACES

24

NATIONALHSE THEMESWHY SHOULD YOU COMPLY?


NATIONAL HSE THEMES

25

56 WORK RELATED FATALITIES IN THE LAST 6 YEARS

Work related Fatality Rate in Brunei is 10 times that of Europe& 5 times that of Singapore

Focus areas where Everyone can Make a Difference To make Brunei A Safe Place to Work and Live

Four (4) National HSE themes have been set for Brunei industry, developed from a risk based review of performance over the last six years.


WORK RELATED FATALITIES

26

Work Related Fatality is a death that occurs while a person is at work or performing work related tasks

Fall from height, hit / crushed by machine or objects, electrocution

Fall from height, hit / crushed by machine, inhalationof smoke, fire

Fall from height, hit by objects, landslide

Fall from height, hit / crushed by machine,electrocution, drowning

Fall from height, struck by falling objects, drowning,fire

Fall from height, struck by objects, boat collision,electrocution

2019 YTD: 5 work related fatalities


THEME 1: WORKING AT HEIGHT

§ Working from a place where a person could beinjured by falling from it

§ A review of work related fatality statistics hasshown that fall from height is the major cause offatalities on construction sites.

Key Findings:Poor management of working at height activities:

§ Risk assessment§ Use of fall protection device§ Supervision and Implementation at site§ Rescue at height

27


THEME 2: CRANE MANAGEMENT

§ In 2017, 5 Crane significant incidents reported including 1 death.

Key Findings:1. Inappropriate use of equipment

2. Lack of certification - Crane & Operators not verified

3. Poor or no maintenance of crane

4. Inadequate & lack of compliance to procedures (Lifting Plan)

5. Lack of Supervision, Site Compliance and Enforcement

28

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THEME 3 : ASSET INTEGRITY

§ Since 2013, 4 major accidents in Brunei,including fire at hazardous waste treatmentplant , hydrogen leak, loss of well control, tankover flow with huge financial and reputationimpact to the Country.

Key Findings:Ageing equipment, Maintenance,

Management of Structural Integrity,

Poor integrity leadership & competence


THEME 4: SCHOOLS, COMMERCIAL AND

GOVERNMENT BUILDINGS

§ In 2017, Inspections of 60 schools wereconducted by the Fire and Rescue Department(FRD).

Key Findings:1. Inadequate provision of fire detection and

control

2. Outdated and obsolete equipment

3. Lack of training and awareness on fire drills

4. Maintenance management

30


BE PREPARED

31

PEOPLEAccountabilityCompetency

Attitudes & BehavioursCapacity

Fitness to Work

EQUIPMENT FunctionalityCertification ReliabilitySuitability

Maintenance

PROCEDURES

Leadership Commitment

Management of ChangeRisk & Incident Management

Familiarization & TrainingIdentification and

Prevention of Accidents


We seek support from Government and Industry Stakeholders to review their systems and procedures

and identify areas of concerns.

TOGETHER WE CAN MAKE BRUNEI A SAFE PLACE TO WORK AND LIVE

32

LEARNING FROM EXPERIENCE



LEADERSHIP & COMMITMENT

§ KNOW THE HAZARDS WITHIN YOUR OPERATIONS AND BE PREPARED

§ FALSE SENSE OF SECURITY UNDERMINES PROGRESS

§ ACKNOWLEDGE THAT PEOPLE CREATE SAFETY

§ MAKE GOOD PRACTICE YOUR COMMON PRACTICE

§ BE OPEN TO LEARNING FROM OTHERS – DON’T WAIT FOR THE NEXT ACCIDENT

§ ACTIVE ENGAGEMENT WITH YOUR WORKFORCE

§ MANAGING RISKS IS CRITICAL TO YOUR BUSINESS BEING SUCCESSFUL

§ MONITOR PERFORMANCE

§ DEVELOP A CULTURE OF CHRONIC UNEASE

33



1. IMPACTFUL DECISION MAKING§ STRIKING THE RIGHT BALANCE BETWEEN PROFITABILITY AND A DUTY OF CARE§ ENGAGING THE REGULATOR EARLY§ A CONSISTENT AND TRANSPARENT APPROACH BUILDING BRIDGES ACROSS UNSEEN DIVIDES

2. SUSTAINABLE ACTION PLANS § A TEAM EFFORT AND ASSURANCES FROM COMPETENT PLAYERS§ BEING OPEN TO IMPROVEMENTS AND SEEKING REGULATORY ADVICE

4. INFORMATION MANAGEMENT§ A KNOWN PLAYING FIELD IN A CHANGING ENVIRONMENT§ A PRAGMATIC AND TIMELY INTERVENTION ESPECIALLY WHEN DEALING WITH THE PUBLIC§ CONFIRMED RESOURCE CAPACITY AND CAPABILITY

3. DEFENCE REMAINS THE BEST OFFENCE§ BEING PREPARED FOR CHANGE AND KEEPING COMMUNICATION LINES OPEN§ BEING ACCOUNTABLE RATHER THAN RESPONSIBLE FOR OWN ACTIONS§ ANALYZING SUCCESS IN EQUAL MEASURE AND KNOWING ONE’S LIMITATIONS

5. CRISIS MANAGEMENT – AN OPPORTUNITY§ BUSINESS CONTINUITY THRIVES ON OVERCOMING ADVERSITY § REJECTION OF LIMITING BOUNDARY PERCEPTIONS§ ROUTINE TESTING AND EMPOWERING THE WORKFORCE

34


SUMMARY

§ COMPETENCY AND CAPACITY OF THE WORKFORCE

35

AND

ALWAYS REMEMBER THAT FAILURE MAY RESULT IN LEGAL OUTCOMES,REPUTATION AND BUSINESS IMPACT

§ INTEGRATION WITH NEIGHBOURS

§ ASSURANCE AND ROUTINE VERIFICATION

§ COMPLIANCE TO LEGISLATION, STANDARDS AND POLICIES

§ POSITIVE LEARNING FROM EXPERIENCE - LISTEN AND ACT RESPONSIBLY TO FEEDBACK

§ REVIEW AND IMPROVEMENT OF EXISTING PRACTICES – ONE SIZE DOES NOT FIT ALL, PRACTICAL, DOABLE AND SUSTAINABLE

§ SELF RELIANCE IS A TEAM EFFORT – INDUSTRY AND REGULATOR

§ ENGAGE THE REGULATOR – TRANSPARENCY OF APPROACH


CONCLUSION

Laws and regulations

Set by the government

Implemented by those who create the risk

Underpinned by Continuous Improvement

36

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THANK Office: +673 238 2000Incident Reporting Duty Phone: +673 733 2000Website: www.shena.gov.bnEmail: [email protected] | [email protected]: Level 4, Design & Technology Building,

Spg 32-37, Kg. Anggerek Desa,Bandar Seri Begawan, BB3713,Negara Brunei Darussalam

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