There are a surprising number of companies operating without any real idea of their worker health & safety and/or environmental regulatory obligations. This is particularly true in developing countries, where there are undoubtedly many reasons for this lack of understanding of the HSE requirements:
blissful ignorance, i.e., lack of awareness of the requirements
little or no concern about worker health and safety and/or environmental issues
little or no concern about the consequences of not being compliant with the regulations, i.e., lack of enforcement by the regulators
lack of people and/or resources to compile such a register
concerns about the cost to develop or acquire such a register
Equally surprising is that, by far the majority of companies that do have some sort of HSE legal register have one that is incomplete and/or out-dated.
A legal register is a compilation of the laws and regulations that apply to HSE issues at your business. It is simply a tool to help you and your company manage a business issue – namely compliance with legal and regulatory requirements.
What is important is that the register is:
complete, i.e., includes all of the laws, regulations, ministerial orders, etc. that apply to your company’s operations
as simple as possible, i.e., remove the complex legal jargon so that the requirements are clear to all
updated regularly, e.g., real-time, monthly or quarterly update
supported by people knowledgeable in the requirements and how they affect your company’s operations, e.g.., HSE manager, but can also be consultant, in-house legal, or others
There are numerous very good reasons for having a HSE Legal Register:
This is a direct requirement of virtually all corporate health and safety or environmental management systems, e.g., ISO14001, ISO45001, in-house HSE management system, etc.
If your company has operational activities with material HSE operational risks, then the register provides the basis for corporate liability protection, as it is needed for performing a compliance audit.
If something goes wrong and your company has been operating outside of the legal HSE requirements, this can directly affect you. It is strongly suggested that you find a way to protect yourself from the consequences. After all, this is one of the few jobs where the consequence of failing can mean that you spend time in prison!
And, last but certainly not least, compliance with HSE laws and regulations will help protect your workers and impacts on the environment.
There is no legal obligation anywhere in the world that requires you to have an HSE Legal Register but it is advisable to have one.
A HSE Management System is an integrated approach where all the 3 HSE factors are effectively managed to reduce risks in the workplace and environment. The objective of a HSE Management System is to provide a structured management approach to control health, safety and environmental risks.
International standard ISO 45001:2018 Occupational Health and Safety Management Systems lists down requirements with guidance for use. ISO 14001;2015 Environment Management Systems sets out the criteria for an environmental management system.
Regardless of the industry you are in, all organisations need a comprehensive, well-documented HSE management system to ensure that all personnel are safe and environment are protected. A HSE management system must be written down, communicated and practised.
The key elements of a successful HSE management system include:
A HSE plan is a strategic action plan which sets out all current and prospective risks for the company. It provides an analysis of all risks present, with an outline of how to remove said risks. This HSE plan helps to set up a framework for all workers to follow and be held accountable to maintain the HSE record of the workplace. A HSE plan also comprises of HSE inspection checklists and emergency response plans.
Risk assessments document all risks in the workplace. This helps in protecting all workers and surrounding people from potential hazards. All areas of HSE non-compliance are outlined in the assessment and aid in ensuring proper solutions are in place. After risk assessment, risk monitoring is to be conducted depending on the risk level to maintain HSE in place.
Reporting of HSE elements is needed to monitor the performance of HSE elements. HSE key performance indicators (KPI) are needed to measure the performance of the HSE aspects. These KPI help to identify areas that need improvement. KPI for HSE include Lost Time Injury (LTI), number of accidents and incidents, productive days, near misses, etc.
All workers need to receive adequate training on the various HSE rules and procedures at the worksite. A thorough training program includes all HSE aspects e.g. PPE training, fire drills, scheduled waste management, management of pollution control equipment, etc. These trainings must be recorded to keep track of the trainings to ensure a successful HSE management system.
In conclusion, management plays a critical role in making HSE management system a success.
Demonstration Of Safe Operation (DOSO) assessment is for non-major hazard installation as stipulated in Occupational Safety and Health (Control of Industrial Major Accident Hazards) Regulations 1996 or CIMAH regulations. DOSO is applied to an industry activity where the hazardous substance in the CIMAH regulations is less than the specified threshold quantity and more than 10% of the threshold quantity.
A manufacturer who falls under DOSO shall, at any time, show that he has-
identified the possible major accident hazards; and
taken adequate steps to:
prevent any major accident or minimize its consequences to persons and the environment; and
provide persons working on the site with the information, training, and equipment necessary to ensure their safety; and
prepared and kept up to date an adequate on-site emergency plan detailing how major accidents will be dealt with.
The content of the DOSO safety report shall be in accordance to the requirements of Schedule 6, CIMAH Regulation 1996. The main elements of the report are as follows:
Information relating to every hazardous substance involved in the industrial activity and its relevant quantity as listed in Schedule 2 of the CIMAH regulations, namely:
The name of the hazardous substance as given in Schedule 2 or, for a hazardous substance included under a general designation, the name corresponding to the chemical formula of the hazardous substance;
A general description of the analytical method available to the manufacturer in determining the presence of the hazardous substance or references to such method in the scientific literature;
A brief description of the hazards which may be created by the hazardous substance; and
The degree of purity of the hazardous substance, the names of its main impurities and their percentages;
A map of the site and its surrounding area to a scale large enough to show any feature that may be significant in the assessment of the hazard or risk associated with the site;
A scale plan of the site showing the locations and quantities of all significant inventories of the hazardous substance;
A description of the processes or storage involving the hazardous substance and an indication of the conditions under which it is normally held;
The maximum number of persons likely to be present on the site;
Information about the nature of the land use and the size and distribution of the population in the vicinity of the industrial activity to which the report relates; and
Information on the nearest emergency services (fire station, hospital, police station, community hall, etc.);
The staffing arrangements for controlling the industrial activity with the name of the person responsible for safety on the site and the names of the persons who are authorised to set emergency procedures in motion and to inform outside authorities;
The arrangements made to ensure that the means provided for the safe operation of the industrial activity are properly designed, constructed, tested, operated, inspected and maintained; and
The arrangements for training persons working on the site; and
Information relating to a potential major accident in the form of consequence assessment which contains the following:
A description of the potential sources of a major accident and the conditions or events which could be significant in giving rise to one;
A diagram of the plant in which the industrial activity is carried on sufficient to show the features which are significant as regards the potential for a major accident or its prevention or control;
A description of the measures taken to prevent, control or minimise the consequences of a major accident;
Information about the prevailing meteorological conditions in the vicinity of the site;
An estimate of the number of people on-site and off-site who may be exposed to the hazards considered in the report; and
The consequences to the surrounding areas in the form of appropriate mitigation measures where possible.
Although DOSO requirement may not be from a major hazard installation but if it is next to a major hazard installation, it could be a potential initiating event of major accidents to its neighbor, hence why care must be taken for DOSO site so as to minimize the impact to the people onsite and offsite.
Under the Environmental Quality (Clean Air) Regulations 2014, an owner or occupier of premises shall not , without giving prior written notification to the DOE Director-General.:-
Carry out any change in operation of his premises;
Carry out any work on any premises that may result in a source of emission;
Construct on any land, any building or premises designed or used for a purpose that may result in a new source of emission;
Make, cause, or permit to be made any change of, to, or in any plant, machine, or equipment used or installed at the premises that cause a material change in the quantity or quality of emission from an existing source; or
Carry out any changes or modifications to an existing air pollution control system.
The written notification shall be submitted to the state DOE not less than thirty days before the commencement of such work in a prescribed form.
Under Environmental Quality (Industrial Effluent) Regulations 2009, no person shall, without prior written notification to the Director General –
Carry out any work on any premises that may result in a new source of discharge of industrial effluent or mixed effluent;
Construct on any land, building or facility designed or used for a purpose that may cause the land or building or facility to result in a new source of discharge of industrial effluent or mixed effluent;
Make or cause or permit to be made any change of, to, or in any plant, machine, or equipment used or installed at the premises that cause a material change in the quantity or quality of the discharge or release from an existing source; or
Carry out upgrading work of an existing industrial effluent treatment system that may result in a material change in the quantity or quality of the discharge or release.
The written notification to carry out any work, construction or upgrading, or to make any change shall be submitted to the state DOE in the prescribed form within thirty days before the work or construction or upgrading commences.
Written Notification is required for the manufacturer and the designer to be fully responsible on the designs of the air pollution control system/air emission equipment/industrial effluent treatment system that are submitted.
There are 11 Written Notifications / Pemberitahuan Bertulis as below:
The Written Notifications Forms contain information about the manufacturer, discharge emission or effluent, design of the equipment, design of the air pollution control system/industrial effluent treatment system, performance monitoring program and declaration from the manufacturer. For the forms listed above, each form may have specific equipment information prescribed in the form and manufacturer is required to furnish the required information.
Written Notification is implemented to replace Written Approval. The responsibilities of the equipment will lie on the authority for Written Approval because the authority approves it. But now with the implementation of Written Notification, the responsibility lies on the manufacturer and the authority will only taking note of the existence of the equipment.
A HSE Management System is an integrated approach where all the 3 HSE factors are effectively managed to reduce risks in the workplace and environment. The objective of a HSE Management System is to provide a structured management approach to control health, safety and environmental risks.
International standard ISO 45001:2018 Occupational Health and Safety Management Systems lists down requirements with guidance for use. ISO 14001;2015 Environment Management Systems sets out the criteria for an environmental management system.
Regardless of the industry you are in, all organisations need a comprehensive, well-documented HSE management system to ensure that all personnel are safe and environment are protected. A HSE management system must be written down, communicated and practised.
The key elements of a successful HSE management system include:
A HSE plan is a strategic action plan which sets out all current and prospective risks for the company. It provides an analysis of all risks present, with an outline of how to remove said risks. This HSE plan helps to set up a framework for all workers to follow and be held accountable to maintain the HSE record of the workplace. A HSE plan also comprises of HSE inspection checklists and emergency response plans.
Risk assessments document all risks in the workplace. This helps in protecting all workers and surrounding people from potential hazards. All areas of HSE non-compliance are outlined in the assessment and aid in ensuring proper solutions are in place. After risk assessment, risk monitoring is to be conducted depending on the risk level to maintain HSE in place.
Reporting of HSE elements is needed to monitor the performance of HSE elements. HSE key performance indicators (KPI) are needed to measure the performance of the HSE aspects. These KPI help to identify areas that need improvement. KPI for HSE include Lost Time Injury (LTI), number of accidents and incidents, productive days, near misses, etc.
All workers need to receive adequate training on the various HSE rules and procedures at the worksite. A thorough training program includes all HSE aspects e.g. PPE training, fire drills, scheduled waste management, management of pollution control equipment, etc. These trainings must be recorded to keep track of the training to ensure a successful HSE management system. In conclusion, the management plays a critical role in making HSE management system a success.
Layer of Protection Analysis also known as LOPA is a risk management technique commonly used in the chemical process industry that can provide a more detailed, semi-quantitative assessment of the risks and layers of protection associated with hazard scenarios. LOPA is a means to identify the scenarios that present the most significant risk and determine if the consequences could be reduced by the application of inherently safer design principles. LOPA can also be used to identify the need for safety instrumented systems (SIS) or other protection layers to improve process safety.
LOPA is a risk assessment methodology which uses simplified, conservative rules to define risk as a function of both frequency and potential consequence severity. LOPA is defined as a simplified risk assessment of a one cause – one consequence pair.
Conceptually, LOPA is used to understand how a process deviation can lead to a hazardous consequence if not interrupted by the successful operation of a safeguard called an independent protection layer (IPL). An IPL is a safeguard that can prevent a scenario from propagating to a consequence of concern without being adversely affected by either the initiating event or by the action (or inaction) of any other protection layer in the same scenario.
LOPA can be used at any point in the lifecycle of a project or process, but it is most cost effective when implemented during front-end loading when process flow diagrams are complete and the P&IDs are under development. For existing processes, LOPA should be used during or after the HAZOP review or revalidation. LOPA is typically applied after a qualitative hazards analysis has been completed, which provides the LOPA team with a listing of hazard scenarios with associated consequence description and potential safeguards for consideration.
The six major steps to the LOPA process are as follows:
Record all reference documentation
Document the process deviation and hazard scenario under consideration by the team
Identify all of the initiating causes for the process deviation and determine the frequency of each initiating cause
Determine the consequence of the hazard scenario
List the IPLs that can completely mitigate all listed initiating causes
Provide specific implementable recommendations
There are four primary benefits to implementing LOPA over other SIL assignment methodologies procedures.
Due to its scenario-related focus on the process risk, LOPA often reveals process safety issues that were not identified in previous qualitative hazards analysis.
Process hazards are directly connected to the safety actions that must take place, providing clear identification of the safety instrumented systems and associated SIL.
It has been proven effective in resolving disagreements related to qualitative hazards analysis findings.
LOPA often identifies acceptable alternatives to the SIS, such as adding other layers of protection, modifying the process, or changing procedures. This provides options for the project team to evaluate using cost/benefit analysis, allowing the most cost effective means of risk reduction to be selected.
In conclusion, LOPA allows the safety review team an opportunity to discover weaknesses and strengths in the safety systems used to protect employees, the plant, and the public.
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