BETTER SAFE THAN SORRY THE SHENA STORY Packs/Outreach Programme...Brunei A Safe Place to Work and...
Transcript of BETTER SAFE THAN SORRY THE SHENA STORY Packs/Outreach Programme...Brunei A Safe Place to Work and...
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BETTER SAFE THAN SORRYTHE SHENA STORY
08 October
2019
Presented by:Jaime Rebelo, Chief Inspector, SHENA
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TABLE OF CONTENTS
01OVERVIEW OF SHENA
08HSE LAW
25NATIONAL HSE THEMES
33LEARNING FROM EXPERIENCE
35SUMMARY
36CONCLUSION
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OVERVIEWOF 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 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.
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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
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
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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
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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).
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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
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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)
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Safety Cases Reviewed
360Stop Work
Order
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Remedial Order
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Industry Forum
14*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
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
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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 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
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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
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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 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.
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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; 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.
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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
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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 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;
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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 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.
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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 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.
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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 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.
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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 of 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 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.
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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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NATIONALHSE THEMESWHY 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, 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
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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
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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
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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
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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
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BE PREPARED
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PEOPLEAccountabilityCompetency
Attitudes & BehavioursCapacity
Fitness to Work
EQUIPMENT FunctionalityCertification ReliabilitySuitability
Maintenance
PROCEDURES
Leadership Commitment
Management of ChangeRisk & Incident Management
Familiarization & TrainingIdentification and
Prevention of 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
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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 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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