BETTER SAFE THAN SORRY THE SHENA STORY Packs/Outreach Programme...NEBOSH IMIST Scaffolding Regulatory requirement Schedule for COMAH Fees COMAH amendment SHENA established SHENA Order

07OCT

2020

BETTER SAFE THAN SORRYTHE SHENA STORY

CONTENTS

01OVERVIEW OF SHENA

07NATIONAL HSE THEMES

13LEGAL FRAMEWORK

31HSE COMMUNICATION &PROMOTION IN A WORKPLACE

44HAZARDS MANAGEMENT

OVERVIEWOF SHENAPresenter:Justina Liew Vun ChingSenior Inspector of Industry, SHENA

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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 safety,health and environment as well as 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).

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

01


FUNCTIONS

02

INSPECTIONS & MONITORING VISITS

INVESTIGATION

EXAMINATION OF NOTIFICATION

EXAMINATION AND CERTIFICATION OF SAFETY CASE

EXAMINATION OF SAFETY MANAGEMENT SYSTEM

LICENSING AND REGISTRATION

HSE ADVICE AND GUIDANCE TO INDUSTRY


FUNCTIONAL CHART

03


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


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

05


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

WSH OfficersNEBOSH IMIST Scaffolding

Regulatory requirement

Schedule for COMAH Fees COMAH amendment

SHENA established SHENA Order

RPO gazette

Radiation Protection Order

06

NATIONAL HSE THEMESPresenter:ELSayed Salah HamoudaSenior Inspector of Industry, SHENA


NATIONAL HSE THEMES

07

62 WORK RELATED FATALITIES IN THE LAST 7 YEARS

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 seven and a half years.

HOW CAN WE PREVENT THIS?


WORK RELATED FATALITIES

08

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 of 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

Fall from height, struck by object, crushed by object,electrocution

2013

2015

2014

2018

2017

2016

2019

2020Grass cutter, hit by object, lift failure, electrocution

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10

6

5

8

7

4

12

Construction - 6Other industries – 4








Source: Ministry of Health


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

09


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

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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:1. Ageing equipment, Maintenance,

2. Management of Structural Integrity,

3. Poor integrity leadership & competence


THEME 4: EDUCATIONAL INSTITUTION, HEALTHCARE

INSTITUTION, COMMERCIAL AND GOVERNMENT BUILDINGS

§ In 2020, inspections of 20 educationalinstitutions (MOE, MORA & Private School),were conducted by SHENA.

Key Findings:1. Lack of training and awareness of managing

safety and health in educational institution

2. Housekeeping issues (i.e. storage area)

3. Management of hazardous substances (i.e. chemical waste)

4. Health & Safety compliance during renovation & maintenance activity

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LEGALFRAMEWORKPresenter:Christopher Ng Ming Yew Legal Counsel, SHENA


LEGAL FRAMEWORK

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 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).

13


10

LEGAL FRAMEWORK

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

WSHO

7 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

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LEGAL FRAMEWORK

WHAT DO THE ORDER AND REGULATIONS REQUIRE?

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

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

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REGULATIONSUNDER WSHO 2009

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LEGAL FRAMEWORK

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

Section 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 anyundertaking carried on by him at the workplace.

Section 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 inwhich the work is carried out.

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LEGAL DUTIES

Minimum / Generic HSE Requirements:

§ Appoint a competent person§ Risk assessment§ Safety Committee§ Have the right workplace facilities§ First aid in work§ Provide safety training and awareness§ Reporting the incident

18


SECTION 8 OF WORKPLACE SAFETY AND HEALTH (WORKPLACE SAFETY AND HEALTH OFFICERS), 2014

“8. (1) Every workplace within the prescribed class or description of workplacesspecified in the Second Schedule shall have appointed in writing in respectthereof a workplace safety and health officer.”

Summary:As an employer/ occupier you must appoint a competent person to help youmeet your health and safety legal duties , e.g. safety coordinator, safety officer,safety auditor.

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1: APPOINT HSE PERSON


SECTION 44 OF WORKPLACE SAFETY AND HEALTH (GENERAL PROVISIONS) REGULATIONS, 2014

“44. (1) This regulation shall apply to the following class or description of factories-(a) factories engaged in the processing or manufacturing of petroleum,petroleum products, petrochemicals or petrochemicals products;(b) factories engaged in the manufacture of semiconductor wafers; and(c) factories engaged in the manufacture of fabricated metal products, machinery or equipment and in which100 or more persons are employed.(1) Every workplace within the prescribed class or description ofworkplaces specified in the Second Schedule shall have appointed in writing in respect thereof a workplacesafety and health officer.”

Summary:safety management system consist of Safety policy; Safe work practices; Safety training; Group meetings;Incident investigation and analysis; In-house safety rules and regulations; Safety promotion; System for theevaluation; selection and control of contractors; Safety inspections; Maintenance regime; Risk assessment;Control of movement and use of hazardous chemicals; Occupational health programmes; Emergencypreparedness.

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2: SAFETYMANAGEMENT SYSTEM


SECTION 3 OF WORKPLACE SAFETY AND HEALTH (SAFETY COMMITTEE) REGULATIONS, 2014

“These Regulations shall apply in relation to every workplace in which 50 or more persons areordinarily at work, excluding persons who carry out any work which is of a temporary natureand is not ordinarily carried out in the workplace”

Summary:Consult your workers: employees are often the best people to understand risks in theworkplace. Involving them in making decisions shows that you take their health and safetyseriously. In a small business, you might choose to consult your workers directly. Largerbusinesses may consult their WSHO Officer.

21

3: SAFETY COMMITTEE


SECTION 3 OF WORKPLACE SAFETY HEALTH(RISK MANAGEMENT) REGULATIONS, 2014

“3. (1) In every workplace, the employer, self-employed person and principal shall conduct a riskassessment in relation to the safety and health risks posed to any person who may be affected by hisundertaking in the workplace”

Summary:Under the Risk Management regulation you must protect your employee or any one could be affected byyour activity e.g. Public / Visitors:

1. identify what could cause injury or illness in your business (hazards)2. decide how likely it is that someone could be harmed and how seriously (the risk)3. take action to eliminate the hazard, or if this isn’t possible, control the risk (eliminate, reduce, isolate,

control, PPE, system)

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4: RISK ASSESSMENT


SECTION 12 OF WORKPLACE SAFETY AND HEALTH ORDER, 2009

“ (e) ensuring that the person at work has adequate instruction, information, training andsupervision as is necessary for him to perform his work”

Summary:Everyone who works for you needs to know how to work safely and without risk to theirhealth. This includes contractors and self-employed people .You must give your workers clearinstructions and information, as well as adequate training. Make sure you include employeeswith particular training needs, for example new recruits, people changing jobs or taking onextra responsibilities, young employees and health and safety representatives.

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5: PROVIDE SAFETY TRAINING AND AWARENESS


WORKPLACE SAFETY AND HEALTH (GENERAL PROVISIONS) REGULATIONS, 2014

1- General Provisions Relating to Health;2- General Provision Related to Safety;3- Special Provisions Relating to Health, Safety And Welfare.

Summary:Employers must provide welfare facilities and a working environment that’s healthy and safe for everyonein the workplace, including those with disabilities.

• Welfare facilities – the right number of toilets and washbasins, drinking water , having somewhere torest and eat meals and control of dust and fumes.

• A healthy working environment – a clean workplace with a reasonable working temperature, goodventilation, suitable lighting and the right amount of space and seating

• A safe workplace – well-maintained equipment, with no obstructions in floors and safe access andegress

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6: PROVIDE THE RIGHT WORKPLACE FACILITIES


Summary:

Employers must make sure employees get immediate help if taken ill or injured at work.

You must have:

• A suitably stocked first aid kit• An appointed person or people to take charge of first aid arrangements• Information for all employees telling them about first aid arrangements

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7: FIRST AID IN WORK

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WORKPLACE SAFETY AND HEALTH (INCIDENT REPORTING) REGULATIONS, 2014

8: INCIDENT REPORTING


WSH OFFICERS & CO-ORDINATORS

WSH OFFICERS & CO-ORDINATORS

§ 28. (1)Every workplace within the prescribed class or description of workplaces shall have a Workplace Safety and Health Officer or a Workplace Safety and Health Co-ordinatorappointed in respect thereof.

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SAFETY AND HEALTH MANAGEMENT ARRANGEMENTS

Factories in which building operations or works of engineering

construction of a contract at the sum of:

Workplace Safety and

Health Auditors


Health Officers


Health Coordinators


Health Committees

$30 million or more

$10 million or more

Less than $10 million

50 or more persons are ordinarily at work

References: Workplace Safety and Health Order, 2009, Section 28 Workplace Safety and Health (Workplace Safety and Health Officers) Regulations 2014Workplace Safety and Health (Workplace Safety and Health Committees) Regulations, 2014Workplace Safety and Health (Construction) Regulations, 2014 28


WORKPLACE SAFETY AND HEALTH OFFICER

WORKPLACESREQUIRING WSH OFFICERS

q (1) Shipyard,q (2) Factories: process petroleum

/ petroleum productsq (3) Factories: contract value of

$10 million or more,q (4) Factories: employed more

than 100 persons

MINIMUM REQUIREMENTS

q NEBOSH IGC Cert or equivalentq 2 years relevant experience

DUTIES OF WSH OFFICER

q Identify the riskq Recommend measuresq Control and risk eliminationq Recommend/assist to implement safe work procedure

POWER OF WSH OFFICER

q Enter, inspect and examine the workplaceq Inspect and examine documents, records, certificate,

notice of workplaceq Investigate accident, dangerous occurrence,

occupational disease

q Valid for 2 yearsq Certificate shall not be transferableq If lost, destroyed or defaced – apply for replacement q $110 (Approval) $10 (Replacement) $60 (Renewal)

CERTIFICATEOF APPROVAL

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LEGAL RESPONSIBILITIES

WSH COORDINATORS

REQUIREMENT: 1. Successfully completed relevant

training course 2. Minimum of 2 years relevant

experience

DUTIES: 1. Assist identifying unsafe condition /

work practice 2. Recommend and implement

measures for unsafe condition / work practice

POWERS: 1. Enter, inspect and examine the

workplace 2. Inspect and examine documents,

records, certificate, notice of workplace

3. Investigate accident, dangerous occurrence, occupational disease

WSH COMMITTEES

DUTIES: 1. Inspect the workplace at least once a

month – records in report 2. Promote safe conduct of work in the

workplace 3. Inspection of any accident or

dangerous occurrences 4. Review safety or health in the

workplace

POWERS: 1. Enter, inspect and examine the

workplace 2. Inspect and examine documents,

records, certificate, notice of workplace 3. Investigate accident, dangerous

occurrence, occupational disease

WSH AUDITORS

DUTIES TO AUDIT: 1. Safety & health

management system 2. Risk assessment3. Work process4. The workplace

The auditor must not be a partner, an officer, an employee or an associate of the occupier of the worksite

30

HSE COMMUNICATION & PROMOTION IN A WORKPLACEPresenter:Zaharuddin bin Haji Abdul RahmanInspector of Non-Industry, SHENA


THE NORMS OF WORK CULTURE

In a normal working environment, every worker is busy toensure the work need to be done:

§ Worker neglect the safety aspect of their work

§ Different workplace have different risk

31

INTRODUCTION


MANAGERS & MANAGEMENT SUPPORT PLAY CRUCIAL ROLE IN DEVELOPING AND MAINTAINING

AN IDEAL SAFETY CULTURE

32

TIME & COMMITMENT

RESOURCES ROLE MODEL COMMUNICATION


Williams, J. H. (2003). “People-Based Safety: Ten Key Factors to Improve Employees’ Attitudes.”

Professional Safety (2), 32-36

One of the most effective ways to improve a safety culture and prevent injuries is to

optimize safety-related communicationthroughout an organization

33


COMMUNICATION

§ Communication aids productivity, healthand safety and happy employees, all ofwhich are important if a business is to thrive.

§ To build a culture of safety requires a steadycommunication program designed toeducate and remind staff to be vigilant andcautious at work.

§ Effective internal communications can getyour safety messages through to everyemployee, regardless of whether they’re sittingat a desk or sitting behind a fork-lift truck

34


KEY AREAS OF EFFECTIVE HEALTH & SAFETY

COMMUNICATION IN A WORKPLACE

35

b) Health & Safety as agenda in the meeting

a) Knowledge & Information Sharing Strategies

c) Interventiond) Availability &

Accessibility of health & safety information


KEY AREAS OF EFFECTIVE HEALTH & SAFETY COMMUNICATION IN A WORKPLACE

Knowledge & Information Sharing Strategies:

§ Planning and identification§ Health & Safety Induction / Orientation for workers

(including refresher)§ Workplace Safety and Health Related Programme§ Non-Verbal Communication

§ Signages§ Posters§ Videos§ Newsletter / Bulletin

36


Health & Safety as agenda in the meeting

§ Management Meeting

§ Consultation

§ Mandatory toolbox / safety

briefing – Let every staff involve

§ Capture & documented

37



Intervention Culture

§ Best practice in local oil and gas industry

§ System in place – Correct understanding / Positive / Body Language

§ Behavioural change

§ Positive reinforcement : Rewards

38



Availability & Accessibility of Information

§ Be strategic

§ Poster & Graphical Notice

§ On-line portal / intranet

§ Mobile phone

39



THINGS TO SHARE WITH EMPLOYEES

§ Legislation

§ Safety rules

§ Safe work procedure

§ Hazard and risk awareness

§ Learning lesson from Incident Reports

§ Case study regionally / internationally

40


WORKPLACE SAFETY AND HEALTH ORDER (WSHO) 2009

Section 12 (3) of Workplace Safety and HealthOrder (WSHO), 2009 requires an employer to:

§ Ensure adequate instruction, information, training andsupervision for the employees as is necessary for him toperform his work

§ Developing and implementing procedures for dealing withemergencies

41


§ Competency of workplace safety and health representative (i.e. relevantHSE training, risk assessment, etc.)

§ Training of worker in the preparation of emergency (i.e. Fire Marshall, FirstAider, etc.)

§ Competency of workers on a high risk skilled job (i.e. scaffolding, welding,crane operation, etc.)

§ Ability to handle manage work in a safe manner (i.e. laboratory technicianto undergo training on managing hazardous substance)

42

Workplace should identify suitable & right training for workers:


APPROVED TRAINING PROVIDER (ATP)

Section 31 of the Workplace Safety & Health Order (WSHO), 2009 statesthat for any safety and health related training course to be conducted, it must bedone by a training provider authorised to deliver the training course by SHENA.

43

HAZARDSMANAGEMENTPresenter:Muhammad Amirul Alif Bin JonhimranJunior Inspector of MAH, SHENA


DEFINITION

44

Hazard:Something that can potentially cause HARM

Risk:= Hazard + Exposure +

= Fatal injury


TYPE OF HAZARDS

45

bacteria, insects, virus etc.Hazardous substances that can

result to both health and physical impacts

Environmental factors that can harm people

unsafe working conditions Physical factors that result to muscular injuries

That can have an adverse effect to mental health or well being

Six (6) Type


HOW DO WE CONTROL THE HAZARDS

46

Based on the hierarchy of controls framework, the sequence to control the hazards are:


E.G. ADMINISTRATIVE HAZARD CONTROLS

PERMIT TO WORK (PTW) / JOB HAZARD ANALYSIS (JHA)

HAZARD IDENTIFICATION - RISK ASSESSMENT (HI-RA)

INSPECTION AND AUDIT

TRAINING AND SUPERVISION

47


SPOT THE HAZARDS

48


IDENTIFIED HAZARDS

49

Documents

BETTER SAFE THAN SORRY THE SHENA STORY Packs/Outreach Programme...NEBOSH IMIST Scaffolding Regulatory requirement Schedule for COMAH Fees COMAH amendment SHENA established SHENA Order