BETTER SAFE THAN SORRY THE SHENA STORY Presented by: 08 Jaime Rebelo, Chief Inspector, SHENA October 2019
TABLE OF CONTENTS 35 01 SUMMARY OVERVIEW OF SHENA 08 36 HSE LAW CONCLUSION 25 NATIONAL HSE THEMES 33 LEARNING FROM EXPERIENCE
OVERVIEW OF SHENA
BACKGROUND § A statutory body set up under the Safety, Health and Environment National Authority Order, 2018 and enforced April 2017. § The Authority regulates and enforces all matters relating to workplace safety and health, environment and radiation within Brunei. § A Chief Executive Officer (CEO) heads the Authority and is ultimately accountable for the function and affairs undertaken by the Authority. He is responsible 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 regulate workplace safety and health, environment and radiation laws on behalf of the SHENA. 01 w w w . s h e n a . g o v . b n
FUNCTIONS INSPECTION INVESTIGATION EXAMINATION OF NOTIFICATION EXAMINATION AND CERTIFICATION OF SAFETY CASE EXAMINATION OF SAFETY MANAGEMENT SYSTEM LICENSING ADVISE GUIDANCE AND SUPPORT TO INDUSTRY 02 w w w . s h e n a . g o v . b n
FUNCTIONAL CHART CEO DCEO SPECIALIST CORPORATE INDUSTRY SUPPORT SUPPORT SECTOR FUNCTION FUNCTION HUMAN RADIATION FINANCE LEGAL INDUSTRY MAH NON-INDUSTRY RESOURCES DEPARTMENT DEPARTMENT DEPARTMENT DEPARTMENT CORPORATE FUNCTION INDUSTRY SECTORS SPECIALIST SUPPORT 1. Major Accident Hazard: Oil and 1. Radiation Department 1. Human Resources Department Gas Petrochemicals, Hazardous 2. Technical Support Unit. 2. Legal Department substance 3. Finance Department 2. Industry: Rest of Industry 3. Non Industry: Hospitals, schools, 03 w w w . s h e n a . g o v . b n offices
VISION, MISSION & PRINCIPLES MISSION VISION We will maintain a robust fit for purpose national safety, health We are committed to making and environmental regulatory framework and ensure that risks to a difference and ensuring people, assets and the environment are controlled in compliance Brunei is a safe place to work with: and live § Laws and regulations § Set by the government § Implemented by those who create the risk § Underpinned by continuous improvement IN ALL OUR ACTIVITIES PRINCIPLES We will ensure a transparent and open dialogue with all our stakeholders. Compatible with Our operational philosophy is governed by four key principles: the aspirations of the nation. STRUCTURED: a structured legal framework with a risk-based approach Our stakeholders include AUDITABLE: accountable for our actions as a regulator industry, government, and the FOCUSED: across all our interactions with all our stakeholders general public and our key ENGAGED: open, transparent and respectful in all our discussions principles apply equally to all. written or otherwise 04 w w w . s h e n a . g o v . b n
LAWS ENFORCEMENT OF ENFORCEMENT OF ENFORCEMENT THE ENVIRONMENTAL THE WORKPLACE OF THE RADIATION PROTECTION AND SAFETY AND HEALTH PROTECTION ORDER (WSHO) 2009 MANAGEMENT ORDER 2018 ORDER (EPMO) 2016 This order is goal setting and This order is goal setting describes the general safety and This order is goal setting and describes the general health expectations on all and describes the general expectations on all industry workplaces. environmental expectations sectors covering radiation on all industry sectors and Duties are placed primarily on requirements of the persons. the Employer, with further International Atomic Energy duties on employer roles, such Agency (IAEA). 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. 05 w w w . s h e n a . g o v . b n
CATALYST FOR CHANGE Board of inquiry (BOI) into the structural collapse incident at Maktab Sains, Kuala Belait on the night of 22 nd October 2014 One of the key recommendations was To create a single national Competent HSE Authority 06 w w w . s h e n a . g o v . b n
THE ROAD TO CHANGE S T A T I S T I C S Regulatory requirement WSH Officers Initial Incident Investigated & Inspections Notification Monitored NEBOSH 205 74% 357 WSHO IMIST Scaffolding 2018 Enforcement of Major Fatality Safety Cases Workplace Safety Accident (Work related) Reviewed 56 6 360 and Health Order 2016 Stop Work Remedial Industry 2019 Order Order Forum 16 20 14 2014 2017 *Data recorded since 2013 Radiation 2009 2015 Protection Order EPMO RPO gazette Environmental Protection and 2013 Management SHENA Order Order Six (6) Regulations SHENA established WSHO 1. General Provision Workplace Safety 2. Construction COMAH amendment and Health COMAH 3. WSH Officers Order gazette 4. WSH Committee Schedule for COMAH Fees COMAH reg. for 5. Incident Reporting 07 MAH facilities w w w . s h e n a . g o v . b n 6. Risk Management
HSE LAW
HSE LAW SAFETY, HEALTH & ENVIRONMENT LEGISLATION SAFETY WSHO EPMO ENVIRONMENT & HEALTH Construction § EIA § Safety Committees § Air Pollution Control § Incident Reporting § Control of Haz Substances § General Provisions § Licensing & Permitting § Risk Management § Water Pollution Control § Safety Officers § Environmental Audit § COMAH § Land Pollution Control § Abrasive / Blasting § Noise Pollution Control § Ship Building § Emergency Response oil § Registration of factories § and Chemical spills First Aid § 08 w w w . s h e n a . g o v . b n
HSE LAW Workplace Safety and Health Order 2009 (WSHO) and its Regulations What does it mean for YOU? 09 w w w . s h e n a . g o v . b n
HSE LAW The WSHO is the highest level safety and health legislation in Brunei It is the enabling framework for all other S&H regulations WSHO Applies to All workplace in Brunei Control of Major Accident 10 REGULATIONS Hazards (COMAH) regs Apply to Applies only to All workplaces in Brunei Offshore Onshore facilities Incl Offshore Onshore facilities 10 w w w . s h e n a . g o v . b n
HSE LAW WSHO Key definitions Regulations Construction Premises Any place whether enclosed, built or Construction not: underground or underwater Activities First Aid Any building, vehicle, vessel, aircraft, Any structure fixed or moveable Abrasive Blasting Work Incident Reporting Persons At Work place Risk management Includes Gen Provisions Persons Employed in Factory Safety Officers certain activities Committees Includes Register Factories Hazardous Substances Facility COMAH Or Certain Activities Ship Building Stand alone 11 w w w . s h e n a . g o v . b n
HSE LAW WHERE DO THE REGULATIONS APPLY? FACILITY FACTORY WORKPLACE Construction § Construction § First Aid § Construction § First Aid § Abrasive / Blasting § First Aid § Abrasive / Blasting § Incident Reporting § Abrasive / Blasting § Incident Reporting § Risk management + § Incident Reporting § Risk management + § General Provisions § Risk management General Provisions § § Safety officers § Safety officers § Safety Committees § Safety Committees § Registration of § Registration of § factories + factories COMAH § WORKPLACE SAFETY AND HEALTH ORDER 12 w w w . s h e n a . g o v . b n
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 w w w . s h e n a . g o v . b n
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 to ensure the safety and health of persons (not being his employees) who may be affected by any undertaking carried 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 or employee referred to in that subsection is working under the direction of the principal as to the manner in which the work is carried out. 14 w w w . s h e n a . g o v . b n
Recommend
More recommend
