[PPT] - BETTER SAFE THAN SORRY THE SHENA STORY Presented by: 08 Jaime PowerPoint Presentation

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BETTER SAFE THAN SORRY THE SHENA STORY

08 October 2019

Presented by: Jaime Rebelo, Chief Inspector, SHENA

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TABLE OF CONTENTS

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OVERVIEW OF SHENA

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HSE LAW

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NATIONAL HSE THEMES

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LEARNING FROM EXPERIENCE

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SUMMARY

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CONCLUSION

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OVERVIEW OF SHENA

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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.

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FUNCTIONS

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INSPECTION INVESTIGATION EXAMINATION OF NOTIFICATION EXAMINATION AND CERTIFICATION OF SAFETY CASE EXAMINATION OF SAFETY MANAGEMENT SYSTEM LICENSING ADVISE GUIDANCE AND SUPPORT TO INDUSTRY

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FUNCTIONAL CHART

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CEO DCEO INDUSTRY SECTOR MAH INDUSTRY NON-INDUSTRY SPECIALIST SUPPORT FUNCTION RADIATION DEPARTMENT CORPORATE SUPPORT FUNCTION HUMAN RESOURCES DEPARTMENT LEGAL DEPARTMENT FINANCE DEPARTMENT 1. Major Accident Hazard: Oil and Gas Petrochemicals, Hazardous substance 2. Industry: Rest of Industry 3. Non Industry: Hospitals, schools,

ffices

INDUSTRY SECTORS

1. Radiation Department 2. Technical Support Unit.

SPECIALIST SUPPORT

1. Human Resources Department 2. Legal Department 3. Finance Department

CORPORATE FUNCTION

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VISION, MISSION & PRINCIPLES

VISION

We are committed to making a difference and ensuring Brunei is a safe place to work and live

MISSION

We will maintain a robust fit for purpose national safety, health and environmental regulatory framework and ensure that risks to people, assets and the environment are controlled in compliance with: § Laws and regulations § Set by the government § Implemented by those who create the risk § Underpinned by continuous improvement

ACTIVITIES

We will ensure a transparent and open dialogue with all our

stakeholders. Compatible with

the aspirations of the nation. Our stakeholders include industry, government, and the general public and our key principles apply equally to all. IN ALL OUR

PRINCIPLES

Our operational philosophy is governed by four key principles: STRUCTURED: a structured legal framework with a risk-based approach AUDITABLE: accountable for our actions as a regulator FOCUSED: across all our interactions with all our stakeholders ENGAGED:

pen, transparent and respectful in all our discussions

written or otherwise

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LAWS

ENFORCEMENT OF THE WORKPLACE SAFETY AND HEALTH ORDER (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 OF THE ENVIRONMENTAL PROTECTION AND MANAGEMENT ORDER (EPMO) 2016 This order is goal setting and describes the general environmental expectations

n all industry sectors and

persons. ENFORCEMENT OF THE RADIATION PROTECTION ORDER 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).

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CATALYST FOR CHANGE

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

n the night of 22nd October 2014

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

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THE ROAD TO CHANGE

2009 2013 2014 2015 2016 2017 2018 2019

Workplace Safety and 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 and Management Order

EPMO

WSH Officers NEBOSH 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

205

Investigated & Monitored

74%

Initial Incident Notification

357

Major Accident

6

Fatality (Work related)

56

Safety Cases Reviewed

360

Stop Work Order

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Remedial Order

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Industry Forum

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*Data recorded since 2013

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HSE LAW

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HSE LAW

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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 ENVIRONMENT

EPMO

§ 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

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HSE LAW

Workplace Safety and Health Order 2009 (WSHO) and its Regulations What does it mean for YOU?

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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

10 REGULATIONS Control of Major Accident Hazards (COMAH) regs Applies to All workplace in Brunei Apply to All workplaces in Brunei Incl Offshore Onshore facilities Applies only to Offshore Onshore facilities

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HSE LAW

Regulations Construction Hazardous Substances Or Certain Activities Facility COMAH Persons At Work Work place Persons Employed in certain activities Factory Includes Includes WSHO Key definitions Ship Building Stand alone Premises Any 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

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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

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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.

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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.

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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; and b) 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.

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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

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HSE LAW

Workplace Safety and Health (Construction) Regulations, 2013 What does it mean for YOU?

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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 safety

and health management system for the purpose of ensuring the safety and protecting the health of every person within the worksite, whether or not the person is at work or is an employee of the

ccupier.

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 and supervisor on a worksite has received adequate safety and health training to ensure the work is carried

ut safely.

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

professional engineers;

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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 be

carried 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 that worksite. 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.

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HSE LAW

31. Safe means of access and egress between different working levels in

building or structures.

33. Personal protective equipment.

Eye protection, fall protection, foot protection, hand protection, head protection, hearing protection, and respiratory 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 electric

shock, earthing and safe insulation.

49. Inspection by designated person.
56. Design of chute by professional engineer.

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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 to protect persons at work on that worksite.

141. Offence.

Any person who contravenes any provision….is guilty of an offence and liable upon conviction to a fine not exceeding $20,000, imprisonment for a term not exceeding 2 years

r both.

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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

f Scaffolding

EPMO

§ EIA Regulations § APC Regulations § Open Burning Regulations

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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

f 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.

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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

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NATIONAL HSE THEMES

WHY SHOULD YOU COMPLY?

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NATIONAL HSE THEMES

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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.

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WORK RELATED FATALITIES

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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, inhalation

f 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

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THEME 1: WORKING AT HEIGHT

§ Working from a place where a person could be injured by falling from it § A review of work related fatality statistics has shown that fall from height is the major cause of fatalities 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

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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 treatment plant , hydrogen leak, loss of well control, tank

ver flow with huge financial and reputation

impact to the Country. Key Findings: Ageing equipment, Maintenance, Management of Structural Integrity, Poor integrity leadership & competence

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THEME 4:

SCHOOLS, COMMERCIAL AND GOVERNMENT BUILDINGS

§ In 2017, Inspections of 60 schools were conducted 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

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BE PREPARED

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PEOPLE Accountability Competency Attitudes & Behaviours Capacity Fitness to Work EQUIPMENT Functionality Certification Reliability Suitability Maintenance PROCEDURES Leadership Commitment Management of Change Risk & Incident Management Familiarization & Training Identification and Prevention

f Accidents

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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

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LEARNING FROM EXPERIENCE

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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

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LEARNING FROM EXPERIENCE

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

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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

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CONCLUSION

Laws and regulations Set by the government Implemented by those who create the risk Underpinned by Continuous Improvement

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Q & A

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THANK

Office: +673 238 2000 Incident Reporting Duty Phone: +673 733 2000 Website: www.shena.gov.bn Email: info@shena.gov.bn | iin@shena.gov.bn Address: Level 4, Design & Technology Building, Spg 32-37, Kg. Anggerek Desa, Bandar Seri Begawan, BB3713, Negara Brunei Darussalam

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