INTRODUCTION ON SHENA 10 September 2019
TABLE OF CONTENTS 01 05 BACKGROUND SHENA THE ACTS 06 02 LEGISLATION UPDATE FUNCTIONS 03 07 CATALYST FOR CHANGE FUNCTIONAL CHART 04 08 VISION, MISSION & THE ROAD TO CHANGE PRINCIPLES
TABLE OF CONTENTS 11 47 HSE LAW IMIST 24 49 NATIONAL HSE THEMES WSH OFFICERS & CO-ORDINATORS 31 THE SAFE USE OF SCAFFOLDING & CRANE OPERATIONS 42 WORKPLACE SAFETY & HEALTH (WSH) LEGAL POSITIONS & TRAINING
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
THE ACTS 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 Acts 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
LEGISLATION UPDATE DRAFTING IN THE PIPELINE WSH (Work at Heights) § Pipeline Safety § Regulations WSHO Regulations WSH (Workplace Safety § WSH (Incident § WSHO Officers) (Amendment) Reporting) Regulations Regulations WSH (Workplace Safety § Coordinators) Regulations Radiation Protection § (Safety) Regulations Environmental Impact § Radiation Protection § Assessment (EIA) Regulations (Transport) Regulations EPMO Air Pollution Control § RPO Radiation Protection § Regulations (Waste Management) Open burning Order § Radiation Protection § (Exemption) Radiation Licensing § Regulations RPO Regulations 06 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 07 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 197 83% 347 WSHO IMIST Scaffolding 2018 Enforcement of Major Fatality Safety Cases Workplace Safety Accident (Work related) Reviewed 53 6 356 and Health Order 2016 Stop Work Remedial Industry 2019 Order Order Forum 16 19 11 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 08 MAH facilities w w w . s h e n a . g o v . b n 6. Risk Management
CHANGING LANDSCAPE Industry Compliance Major Safety to law, Increased Environmental Diversification Technical Performance, best Industry SME concerns (Non- O&G) Projects Fatalities in practices & Development & FDI industry standards § The accomplishments of its well-educated and highly skilled people WAWASAN § To achieve quality of life that is among the top 10 countries 2035 in the world. § To build a dynamic and sustainable economy with an income per capita among the world's top 10. 09 w w w . s h e n a . g o v . b n
PLAN AHEAD ACHIEVEMENTS Continue recruiting competent personnel (SHENA § § Establishment of SHENA Inspectors) § Transfer of WSHO to SHENA Registration of: § § Enforcement of COMAH Fees Factory, Company, Crane, Crane Operator, WSH § Officer, WSH Auditor, Authorised Examiners, § Enforcement across Training Providers. industries: MAH Facilities, Guidelines “Safe Use of Scaffolding” § Power Stations, Four (4) Themes: § (1) Work at Height, (2) Crane Management, (3) Construction, Radiation § Asset Integrity, (4) School, Commercial and premises Government Buildings § Registration of WSH Officer Government Information Group (GIG) § § IMIST for Frontline Industry HSE Group Committee § Brunei Industry Accreditation Body § Supervisors (for COMAH SHENA Roadshow and Awareness Outreach Programme § sites) 2019 - 2021 2013 - 2018 10 w w w . s h e n a . g o v . b n
HSE LAW Presented by: Jaime Rebelo Chief Inspector, SHENA
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 § 11 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? 12 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 13 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 14 w w w . s h e n a . g o v . b n
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