1. In January 2016, the Ministry of Manpower (MOM) invited the public to provide feedback on the proposed Workplace Safety and Health (Major Hazard Installations) Regulations (MHI Regulations). The objective of the proposed Regulations is to implement a Safety Case regime and streamline existing Workplace Safety and Health (WSH) regulatory requirements for MHIs.
2. The Ministry is heartened to have received constructive feedback from the industry, public sector agencies and safety professionals operating locally as well as overseas. MOM would like to thank everyone who has participated in the consultation exercise for the proposed MHI Regulations.
MOM’S RESPONSES TO KEY FEEDBACK
3. Respondents were generally supportive of the proposed Regulations and suggested refinements and the development of guidelines on the Safety Case regime to aid the industry in complying with the Regulations.
4. MOM will incorporate some of the suggestions in the proposed Regulations. In support of the Regulations, MOM will issue a “Guide to WSH (MHI) Regulations” that will assist Occupiers in the interpretation of the Regulations and a “Safety Case Technical Guidance” that will set out the technical requirements of Safety Case.
5. MOM would like to take this opportunity to provide our responses to the key feedback received.
Definitions
6.Respondents have suggested refinements to some of the definitions used in the proposed Regulations which MOM has adopted. For example, the definition of Emergency Response Plan has been amended to be aligned with the Fire Safety (Petroleum and Flammable Materials)Regulations and an Emergency Action Plan under the Environmental Protection and Management (Hazardous Substances) Regulations.
Registration of MHIs
MHI and Existing MHIs[1]
7. Respondents sought clarity on registration requirements for new and existing MHIs. We would like to inform that when the MHI Regulations come into force on 1 September 2017, factories deemed as MHI will no longer be required to be registered under the WSH (Registration of Factories) Regulations (ROF Regulations) and instead be required to apply for an MHI certificate of registration under the MHI Regulations and allowed to continue their operations.
8. Registration under the MHI Regulations will be via LicenceOne, the government-wide licensing portal for businesses, similar to the current process for ROF Registration.
Safety Case Submission and Review
9.Respondents noted that a Safety Case is required with the application for MHI registration and expressed concern that existing MHIs do not have sufficient lead time to prepare their Safety Cases. Respondents also enquired on the time required for assessment of the Safety Case application.
10. We would like to clarify that existing MHIs would be allowed to continue their operations as an MHI upon submission of the registration application. Unlike registration applications for new MHIs, existing MHIs do not need to submit a Safety Case at the point of application. Existing MHIs would be informed of the date by which they need to submit their Safety Case.
11. Assessment of a Safety Case application would usually take 6 months from date of submission, should the MHI meet or exceed assessment criteria stipulated in the Guidance through onsite verifications of the Safety Case.
Review of Safety Case
12. Respondents proposed that the criteria for review of the Safety Case be limited to areas where there are material changes. We have taken in the suggestion and refined the criteria to changes with significant repercussions.
13. For modifications of MHIs, MHI could seek consultations with MOM to ascertain if it requires Safety Case reviews. Details would be covered in the Guidelines.
Provision of Information
14. Whilst respondents acknowledged the importance of information sharing, they also expressed concern on the confidentiality and sought clarity on the type of information required to be shared. We would like to clarify that MHIs are not expected to share information that would compromise confidentiality.
15. The information required to be shared with the neighbouring workplaces would be limited to those deemed critical and necessary for them to understand the nature of hazards and the extent of effects that their premises may be exposed to in the event of a major accident. The information provided should be sufficient to allow neighbouring workplaces to incorporate in their risk management processes and emergency response plans. The “Guide to WSH (MHI) Regulations” would provide further explanation on the list of information (listed in the Fourth Schedule of the Regulations) to be provided to the neighbouring workplaces for designated workplaces.
Notification and Reporting of Incidents
16. Respondents sought clarification on the notification and reporting of incidents. They queried on the scope of incidents which requires notification and reporting to the Commissioner. At the same time, they were concerned whether the time frame and method of reporting of incidents would be similar to the existing reporting requirements under the WSH (Incident Reporting) Regulations.
17. We would like to share that the intent of notification and reporting of incidents is to alert regulators on potential systemic issues within MHIs and to share the learning points from the incidents. We have considered the suggestions related to the coverage of incidents carefully and would provide more guidance in the Guide to WSH (MHI) Regulations. We would also like to clarify that the time frame for all notification and reporting of incidents is similar to the existing requirements under the WSH (Incident Reporting) Regulations and it will be done using the same system.
CONCLUSION
18. Once again, we would like to thank all stakeholders and members of the public who have participated in the consultation exercise. The feedback received has helped to refine the proposed MHI Regulations and contribute to building safer and healthier workplaces for all.
[1] Existing MHIs are factories which are deemed as MHI but whose operation commenced before the Regulations comes into force.
OBJECTIVE OF THE PROPOSED WSH (MAJOR HAZARD INSTALLATIONS) REGULATIONS
KEY PROVISIONS
PERIOD OF INDUSTRY CONSULTATION
FEEDBACK CHANNEL
SUMMARY OF RESPONSES
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