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Privacy & Policy

Privacy & Policy

Tenaga Switchgear Sdn. Bhd. and its affiliated entities ("TSG"), have long recognized that individuals, and as the case may arise, legal entities, with whom we conduct business value their personal data. Modern information and communication technologies play a fundamental role in the activities of TSG. It is Tenaga Switchgear Sdn. Bhd. 's goal to balance the benefits of e-commerce with the right of individuals, and as the case may arise, of legal entities to prevent the misuse of their personal data. The information that you provide to us or that we acquire about you will always be exclusively used for the purposes listed hereunder to support your customer relationship with Tenaga Switchgear Sdn. Bhd. It will not be given or sold to any outside organization for its use in marketing and solicitation.

The Collection, Processing, Transfer and Use of Personal Data

In some circumstances, Tenaga Switchgear Sdn. Bhd. may request personal information from you, like your name, e-mail address, company name, business address, domain names, telephone or fax numbers, purchase history and ordering information (altogether the "personal data"). Your response to Tenaga Switchgear Sdn. Bhd.'s inquiries are strictly voluntary. Tenaga Switchgear Sdn. Bhd. also collects information about you with respect to the use of this site; this information is collected automatically and requires no action on your part and encompasses information as to whether you visit our site, how often you visit and what parts of the site you visit most often. Tenaga Switchgear Sdn. Bhd. uses your personal data to improve its web-based offerings as well as for other business purposes, such as alerting you to products and services that can assist you in your business, promoting registration on our sites, and assisting you for order processing and after-sales services, by means of e-mail, post, fax or by calling you. We may use your personal data to send you further information about Tenaga Switchgear Sdn. Bhd. products or services (in addition to the specific information which you request or which we need to send to you). We may send this information by e-mail, post, fax, or by calling you. In general, you can visit our website(s) without divulging any personal information. However, there are areas of this site that require this information to complete their customization functions and may not be available to those choosing not to reveal the information requested.

Location of Your Personal Data

As Tenaga Switchgear Sdn. Bhd. operates internationally, we may need to make your personal data available to companies and/or branches within our group which may be located outside your jurisdiction and/or the Malaysia country, notably in countries which do not adduce the same level of protection of personal data as in your jurisdiction and/or the Malaysia country, again for the purposes described here above. In particular, Tenaga Switchgear Sdn. Bhd. will transfer all or part of such records to its group's headquarters located in Malaysia. In any case, Tenaga Switchgear Sdn. Bhd. will use its best efforts to ensure that data transferred outside your jurisdiction and/or the Malaysia country will remain subject to the same security and confidentiality regime as the one they would have been subject to if located within your jurisdiction and/or Malaysia country. If you are opposed to the transfer of your personal data please refer to the Section below, Your Rights & Your Consent.

Disclosure to Third Parties

Tenaga Switchgear Sdn. Bhd. may disclose aggregate statistics about its site(s) visitors, customers and sales in order to describe its services to prospective partners, advertisers and other reputable third parties and for other lawful purposes, but these statistics will include no personally identifying or identifiable information. Tenaga Switchgear Sdn. Bhd. may disclose personal data if required to do so by law or if it believes that such action is necessary to protect and defend the rights, property or personal safety of Tenaga Switchgear Sdn. Bhd. or its employees, its site(s) or visitors thereof.

Use of Cookies

Tenaga Switchgear Sdn. Bhd. does not at present, but may in the future use "cookies" on its sites to enhance their functionality. A "cookie" is a small piece of information sent by a website server and stored by your browser on your hard drive, which may assist in enhancing the quality of a website's operation. Most web browsers automatically accept cookies, but you can usually change your browser to prevent that.

Links to Other Web Sites

This site contains links to sites not operated by Tenaga Switchgear Sdn. Bhd., Tenaga Switchgear Sdn. Bhd. is not responsible for the data protection policies or the content of such sites.

Your Rights & your Consent

You may at any time review or ask for the rectification of your personal data held by Tenaga Switchgear Sdn. Bhd. as well as object, at no charge, to any further use of the same personal data, such as for direct marketing purposes, or transfer of same, by contacting us at:
Lot 3, Jalan Teknologi 3/6 Seksyen 3,
Taman Sains Selangor 1, Kota Damansara,
47810 Petaling Jaya Selangor Darul Ehsan.
By using Tenaga Switchgear Sdn. Bhd.'s website(s), and providing your personal data to Tenaga Switchgear Sdn. Bhd. and/or generating personal data through such website(s), you consent to the processing and transfer outside your jurisdiction and/or Malaysia country of your personal data as set out in this data protection statement. Tenaga Switchgear Sdn. Bhd reserves the right to change, modify or update this statement at any time. In such event, a notice will be posted for one month on the website. If you do not accept the change, modification or update, you may object to any further use of your personal data by contacting us at Tenaga Switchgear Sdn. Bhd Lot 3, Jalan Teknologi 3/6 Seksyen 3, Taman Sains Selangor 1, Kota Damansara, 47810 Petaling Jaya Selangor Darul Ehsan, Malaysia. Or via e-mail at sales@mytsg.com.my/switch@mytsg.com.my If you have any questions about this data protection statement, the data processing practices of Tenaga Switchgear Sdn. Bhd., or your dealings with one of Tenaga Switchgear Sdn. Bhd.'s websites, you can contact us at switch@mytsg.com.my

Safety & Environment Requirement for Contractors

Safety & Environment Requirement for Contractors

1. PURPOSE

1.1 This procedure highlights the safe working practices required for all contractors working at TSG or site . It is intended to improve safety performance and to ensure the safety of contract employees as well as the employees at TSG or site.
1.2 It is fully recognized that contractors have the primary responsibility for executing on-site safety for their own activities. Each contractor is responsible for ensuring that its employees,and the employees of any subcontractors, comply with all applicable local, state and federal regulations, and the policies of TSG. All work performed shall comply with the requirements of the Occupational Safety and Health Act And Regulations ( Act 514), without exception.

2. SCOPE

2.1 The safety practices shall be followed whenever performing work at TSG or site.
2.2 The contractor shall require that all subcontractors observe the safety practices in the same manner as the contractor.
2.3 All contractors shall designate a Supervisor who shall have the primary responsibility for ensuring that these safety practices and procedures are followed.
2.4 The Supervisor, or designated authority, shall perform frequent and regular safety inspections of the job site, materials, and equipment.

3. SAFE WORKING PRACTICES and PERSONAL PROTECTION

3.1 Safety glasses meeting the safety requirements must be worn at all times when there is an eye hazard from exposure to flying particles, liquid chemicals, acids or caustic liquids, or potentially injurious light radiation. Safety glasses are required to be worn while working in TSG areas. Activities requiring eye protection include:
welding, cutting, burning, using pneumatic impact tools, grinding, buffing, using handtools, applying or removing insulation, and painting.
3.2 Hearing protective devices must be worn when working in areas that require hearing protection based on noise level monitoring or when performing a task that produces high noise levels. Areas where hearing protection is required are marked with appropriate signs.
3.3 Appropriate hand protection shall be worn to protect against chemical contact , severe cuts or lacerations, punctures, or harmful temperature extremes. Chemical resistant gloves must be rated/compatible for the specific chemical being used.
3.4 Safety helmet or Bump Caps, meeting the safety requirements, are required whenever there is a potential for injury to the head from falling objects or striking a low overhead structure. When working with overhead crane, wearing safety helmet is compulsory and bump caps isnot allowed. Green line in production area is free from wearing safety helmet. Foot protection, meeting the safety requirements shall be worn when there is a danger of foot injuries due to falling or rolling objects or objects piercing the sole ( production area, logistic and stor and when doing contruction work in TSG premise.
3.5 Respiratory protection, must be appropriate for the hazard and must be maintained, cleaned and stored properly. All persons wearing respirators must be medically approved to do so and fit-tested. (refer to MSDS/CSDS for more information type of respiratory to use).
3.6 Horseplay is not tolerated. Smoking is allowed in designated areas only.
3.7 Drinking of, or possession of, alcoholic beverages, or possession of illicit drugs or firearms while on the property of this facility, during working or non-working hours, is strictly forbidden.
3.8 Entry into confined spaces may only be performed by authorized personnel, following the confined space requirements of OSHA. Prior to entry, atmospheric monitoring shall be conducted, and an entry permit shall be completed to verify safe entry conditions.
3.9 All safety equipment, safety showers, eye wash fountains, fire extinguishers, emergency exits, and walkways must be kept clear at all times.
3.10 All project areas shall be kept clean and free of debris and rubbish in order to prevent accidents and fires.

4. CHEMICAL SAFETY AND HAZARD COMMUNICATION

4.1 Contractor to provide the Material Safety Data Sheet (MSDS) for hazardous chemicals use at TSG to OSHU before start any work where in which contract employees may be exposed, come in contact, or directly handle. The contractor shall inform his employees of the hazards of the chemicals.
4.2 The contractor is responsible for maintaining MSDSs for all hazardous chemicals used by the contractor or subcontractor.
4.3 When handling corrosive materials or irritants, rubber chemical gloves, goggles and/or face shields shall be used.
4.4 All compressed gas cylinders shall be secured from falling at all times and capped when not in use.
4.5 At no time shall gasoline be used as a cleaning agent.
4.6 Flammable liquids/gases and solvents shall be handled in approved safety cans with flash back arrestors and tight closing lids.

5. FALL PROTECTION

5.1 All ladders used at TSG shall be heavy duty industrial type ladders. The use of aluminium ladders for electrical work is prohibited. Ladders shall be secured at the base by safety feet or equivalent and tied off at the top when there is a chance of displacement from workplace activities or traffic. All portable ladders used to gain access to an upper landing surface shall extend at least 3 feet above the landing or secured at the top and a grasping device provided.
All straight and extension ladders shall have approved safety feet and be equipped with a 10 foot by 1/2 inch rope spliced to the next to the top rung. Ladders with split or broken rails, treads, rungs, or with feet missing or otherwise damaged or considered unsafe must be removed from the job. Step ladders shall not be used as straight ladders.
The height of the ladder must be sufficient to keep from working from the top of the ladder or the top three rungs of an extension ladder. The ladder shall be positioned so that the base is set out from the vertical a distance equal to onefourth of the ladder working length.
5.2 During overhead work, ground work, or work inside a production area, all areas must be barricade , and a warning sign shall be placed on the floor. All areas involving overhead work or work inside an occupied area that poses a hazard to other personnel shall be barricade and/or warning signs placed to limit access to the area.
5.3 All excavations and trenches shall comply with the OSHA Trenching and Shoring
requirements, which require guarding by a sloping system, shoring system, support system or equivalent. In addition, these areas shall be barricade and, at night, alerted with proper warning lights.
5.4 Each scaffold must be inspected, approved and tagged by the Competent Person. Scaffold Competent Person must provide the Contractor with the appropriate scaffold tag at the scaffolding already inspected. Colour coded tags represent the following:
a. Red tag = scaffold is not approved for use
b. Yellow tag = read tag instructions/identify special warnings on tag
c. Green = scaffold has been approved for use
5.4.1 Each platform on all working levels of scaffolds shall be fully planked or decked between the front uprights and the guardrail supports.
5.4.2 Vertical ties/braces shall not exceed a 4:1 ratio with the minimum base width of the scaffolding. Horizontal increments for ties shall not exceed 30 feet.
5.4.3 Supported scaffold poles, legs, posts, frames and uprights shall bear on base plates, mudsills or other adequate firm foundation. Footings shall be level, sound, rigid and capable of supporting the loaded scaffold without settling or displacement.
5.4.4 An approved ladder or equivalent safe access shall be provided on all scaffolding systems. Additional fall protection shall be required if the interval distance between the scaffolding base and the lower level is 35 feet or greater.
5.4.5 Guardrail systems consisting of a top rail, mid rail and toe-board shall be installed on all open sides and ends of supported scaffolding that is at or above a height of six (6) feet. Contractor shall install netting from toe-board up to the top of anticipated material storage height.
5.4.6 All cross bracing must be installed in accordance with the manufacturer’s instructions.
5.4.7 When wire rope clips are used on suspension scaffolds, U-bolt clips shall not be used at the point of suspension for any scaffold hoist.
5.4.8 An insulated thimble shall be used to attach each suspension wire rope to its hanging support.
5.4.9 The suspension wire rope shall be covered with insulating material extending at least four (4) feet above the hoist.
5.4.10 The tail line shall be insulated to prevent contact with the platform. Each hoist shall be covered with insulated protective covers.
5.4.11 In addition to a work lead attachment required by the welding process, a grounding conductor shall be connected from the scaffold to the structure.
5.4.12 All employees shall receive training as required by OSHA scaffold standard and shall provide documentation on training per request.
5.4.13 Full body harness shall be worn with a lifeline securely attached to an appropriate anchorage. Free fall distance when using a full body harness must be limited to 6 feet or less.
5.5 Hoses, welding leads, electrical drop cords, etc. shall be kept out of personnel traffic areas when possible. Otherwise, they shall be adequately protected from damage and presenting a tripping hazard by suspension, signs, barricades and/or burying.

6. ELECTRICAL SAFETY PRACTICES

6.1 The Contractor shall apply PTW from TSG charge man before start any electrical work (repair and maintenance or new installation). The Contractor Supervisor shall ensure that electrical or mechanical equipment is properly locked and tagged out before employees begin work.
6.2 All electric hand tools shall be grounded unless it is recognized by UL as having a double insulated rating. Frayed or defective electrical cords shall not be used.
6.3 All extension cords and power tools shall be used with appropriate Residual Current Device (RCD) protection that is tested regularly.

7. WELDING, CUTTING, BURNING OPERATIONS

7.1 Adequate fire protection and other safety precautions must be addressed before any hot work is executed. 7.2 Shields, curtains, or flame retardant tarpaulins shall be used to shield personnel and equipment from welding operations. When welding, cutting, or burning, a standby employee shall stand as a fire watch , and all sparks must be contained to the area of operation.
7.3 The Contractor shall ensure that fire extinguishers are provided at all welding, cutting, and burning operations.

8. HEAVY EQUIPMENT OPERATION

8.1 Only qualified personnel (TSG Staff) may operate the facility forklift trucks or similar material handling or earthmoving equipment.
8.2 Only approved personnel work platforms shall be used with forklifts or similar lifts. The platform must have standard guard rails or equivalent means of fall protection and be secured to the lift. Proper communication (visual or otherwise) must be maintained between the personnel on the platform and the lift operator at all times. The vehicle shall not be moved with the platform in the raised position.
8.3 All personnel in skyl lifts shall wear a full body harness and lifeline that is anchored to the platform cage as a means
of fall protection in addition to the protection provided by the platform cage guard rails.

9. ENVIRONMENTAL RESPONSIBILITIES

9.1 No hazardous or environmentally damaging materials can be poured down process or storm drains.
9.2 It is the responsibility of the Contractor to dispose of hazardous materials that are used by the Contractor (e.g.,
paints, solvents) during their work operations at the facility in accordance with regulatory requirements (DOE).

10. GENERAL WORK PROCEDURES

10.1 Contractors must provide all tools necessary to perform the assigned tasks.
10.2 All tools and equipment must registered and submit one copy to OSHU before start any work at TSG or site.
10.3 All tools and equipment must comply with act and regulation in Malaysia.

11. JOB SAFETY ANALYSIS / HIRAC

11.1 All contractor must submit JSA/HIRAC when requested by OSHU before start any work at TSG or site.

12. SAFETY BRIEFING

12.1 All contractor or and employees must attend safety briefing conducted by OSHU or JKKP before start any work.

Declaration of Supplier:

We hereby declare the following:
1. We have received a copy of the “Safety & Environmental Requirement” (hereinafter referred to as the agreements with TSG, to comply with its principles and requirements.
2. We agree that this declaration is subject to the substantive law in Malaysia without reference to any of its conflict of law rules.

Code of Practice

Code of Practice

OVERVIEW

TSG is committed to providing reliable and quality product in High Voltage Switchgear industry. We are also committed to maintaining the highest degree of integrity and in a social and environmentally responsible manner in all our dealings with potential, current and past clients.

OBJECTIVE

This Supplier Code of Practice defines the basic requirements placed on TSG’s suppliers of goods and services. TSG expectation is that the supplier will lawfully conduct their business with the same standards of integrity and ethical behavior and comply with TSG’s code. The supplier declares as herewith;

Compliance with Law

Compliance (including our agents, suppliers or sub-contractors) with all applicable legal laws which includes any rule regulation and by-laws and shall indemnity and hold TSG safe and harmless against all claims, demands, losses, fines and penalties which in any way result from us failure to comply with such applicable law.

Confidentiality

Committed to maintaining the highest degree of integrity in all dealings with TSG, both in terms of commercial confidentiality and the protection of all information received in the course of providing the business services concerned. We extend the same standards to all our vendors, suppliers and associates.

Quality assurance

Maintain the quality of our product through constant ongoing review with TSG’s team, of all aims, activities, outcomes and the costeffectiveness. We encourage regular review meetings and provide regular progress reports. Further details are available on request. We are providing the best value to TSG, our commitment to providing our excellent goods and services. We consider the safety and quality of our products to be of paramount importance and to comply with government, TSG and company safety requirements and specifications at all times.

Supply Chain

Use reasonable efforts to promote among our suppliers compliance with this Code of Conduct and we committed to comply with the principles of non-discrimination with regards to supplier selection and treatment.

Foreign workers employment

Always ensure and enforce that no illegal foreign workers are employed at anytime whatsoever.

Prohibition of Child Labor

No employment workers under the age of 15, in those countries subject to the developing country exception of ILO Convention 138, to employ no workers under the age of 14.

Contracts

Contract will usually be in the form of a proposal, including objectives, activities, costs, timescales and deliverables. The quality of our service and the value of our support provide the only true basis for continuity. We always try to meet TSG contractual requirements, and particularly for situations where an external funding provider requires more official parameters and controls.

Professional Conduct

Conduct all of our activities professionally and with integrity. We take great care to be completely objective in our judgement and any recommendations that we give, so that issues are never influenced by anything other than the best and proper interests of our clients.

Labor and Human Right

Committed to observing fair labor practices and treating our employees with dignity and respect. We will ensure our supply partners to make the same commitments in their business practices by having controls and measures in place that:

• Verify the employment eligibility and compliance to relevant act / law;
• Respect the right of employees;
• Ensure compliance with applicable wage and hour laws;
• Prohibit discrimination, harassment, forced labor, and child labor.

Equality and discrimination

Always strive to be fair and objective in our advice and actions, and we are never influenced in our decisions, actions or recommendations by issues of gender, race, creed, color, age or personal disability.

Payment

Flexible as possible in the way that our services are charged. We make no attempt to charge interest on late payments, so we expect payments to be made when agreed.

Environment, Health and Safety

Environment, Health and Safety Committed to conducting business in a safe, environmentally responsible manner. We expect our supply partners to operate in a manner that:

• Complies with all applicable environmental, health, and safety laws, regulations, and standards;
• Strives to manage responsibly the impacts of their operations on the environment and the operations
• Makes continuous efforts to achieve a workplace that is free from work-related injuries and illnesses.

Anti-Bribery Policy

Anti-Bribery Policy

 



Document Type:

POLICY

Procedure / Title:

ANTI-BRIBERY POLICY

Document Number:

TCIMS-001

Document owner:

Integrity Department Tenaga Nasional Berhad

Revision:

0

Date

published:

1 August

2018


TENAGA NASIONAL BERHAD

                                        Tenaga Nasional Berhad 129 Jalan Bangsar,

                                                               P.O. Box 11003

50732 Kuala Lumpur, Malaysia


TITLE:

ANTI-BRIBERY POLICY

Document Number: TCIMS-001



Revision

Number

Description

By

Verifier

Approver

N/A

Development of policy

Trident Integrity

Solutions Sdn Bhd

CIDO

BOD



Contents

  1. Background................................................................................................................... 3
  2. Objective...................................................................................................................... 3
  3. Scope........................................................................................................................... 3
  4. References.................................................................................................................... 3
  5. Definitions.................................................................................................................... 4
  6. Policy owner.................................................................................................................. 6
  7. Policy........................................................................................................................... 6
  8. Sanctions for non-compliance........................................................................................ 11
  9. Waiver........................................................................................................................ 11
  10. Review & Inspection..................................................................................................... 11


  1.  Background

The main item of legislation relevant to TNB in the context of anti-bribery is the Malaysian Anti- Corruption Commission Act 2009 (“MACCA”). Specific offences under the Act include accepting gratification, corruptly procuring a withdrawal of tender, bribery of an officer of a public body, bribery of a foreign public official, and using office or position for gratification. Upon conviction of bribery- related offences, TNB as a company may receive a significant fine and suffer lasting damage to its finances and reputation. In addition, the company’s directors and personnel may face fines, imprisonment or both. This matter is therefore to be taken with the utmost seriousness by all parties involved in conducting the business of TNB. Having a clear and unambiguous policy statement on TNB’s position regarding bribery forms the cornerstone of an effective integrity management system.

This anti-bribery policy has been developed as part of the much larger TNB Corporate Integrity Management System (TCIMS) and should be read in conjunction with its supporting documents. If multiple documents speak on the same subject, then the most stringent provision always applies.


  1.  Objective

This policy sets out TNB’s overall position on bribery in all its forms.


  1.  Scope

This policy is applicable to TNB, the BOD and TNB Personnel along with its Controlled Organisations, their BODs and personnel (together, TNB or the TNB Group); also the BODs and personnel of Business Associates when they are acting on TNB’s behalf.


  1.  References

a)      ISO 37001:2016

    1. TNB Code of Ethics
    2. TCIMS Glossary of Terms
    3. TNB Conflicts of Interest policy
    4. TNB Gifts, Hospitality and Related Benefits Policy
    5. TNB Integrity Pact Policy
    6. TNB Whistleblowing Policy
    7. TCIMS Monitoring and Review Procedure


  1.  Definitions

The following definitions are included in this policy. For additional definitions, see the TCIMS Glossary.


BOD

The Board  of  Directors  of  TNB  and  the  Boards  of  its  Controlled

Organisations

BIC

Board Integrity Committee

Bribery

Bribery is defined as any action which would be considered as an offence of giving or receiving ‘gratification’ under the Malaysian Anti-Corruption Commission Act 2009 (MACCA).

In practice, this means offering, giving, receiving or soliciting something of value in an attempt to illicitly influence the decisions or actions of a person a position of trust within an organisation.

‘Gratification’ is defined in the MACCA to mean the following:

  1. money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description whether movable or immovable, financial benefit, or any other similar advantage;
  2. any office, dignity, employment, contract of employment or services, and agreement to give employment or render services in any capacity;
  3. any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
  4. any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage;
  5. any forbearance to demand any money or money’s worth or valuable thing;
  6. any other service or favour of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and
  7. any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the preceding paragraphs (a) to (f).

Bribery may be ‘outbound’, where someone acting on behalf of TNB attempts to influence the actions of someone external, such as a Government official or client decision-maker.

It may also be ‘inbound’, where an external party is attempting to influence someone within the TNB Group such as a senior decision-maker or

someone with access to confidential information.

Business Associate

An external party with whom the organisation has, or plans to establish, some form of business relationship. This may include clients, customers, joint ventures, joint venture partners, consortium partners, outsourcing providers, contractors, consultants, subcontractors, suppliers, vendors, advisers, agents, distributors, representatives, intermediaries and investors. A Business Associate may also be referred to as a Third Party,

particular if the associate is acting on behalf of the organisation.

Conflict of Interest

When a person’s own interests either influence, have the potential to

influence, or are perceived to influence their decision making at TNB.


Controlled Organisation

An entity where TNB has the decision-making power over the organisation such that it has the right to appoint and remove the management. This would normally be where TNB has the controlling interest (>50% of the voting share ownership), but it could be where there is an agreement in place that TNB has the right to appoint the management, for example a joint venture where TNB has the largest (but still <50%) allocation of the

voting shares.

Corporate Gift

Something given from one organisation to another, with the representatives of each organisation giving and accepting the gift. Corporate gifts may also be promotional items given out equally to the general public at events, trade shows and exhibitions as a part of building the company’s brand. The gifts are given transparently and openly. Corporate gifts normally bear the company name and logo. Examples of corporate gifts include items such as diaries, table calendars, pens, notepads, plaques, and festive gifts such as hampers, oranges and dates. See also Personal Gift below.

Corruption

The Transparency International definition is used for the TCIMS: ‘The abuse of entrusted power for personal gain.’ See the definition for ‘bribery’, which is the term used primarily in the TCIMS.

Exposed Position

A staff position identified as vulnerable to bribery through a risk assessment. Such positions may include any role involving: procurement or contract management; financial approvals; human resource; relations with government officials or government departments; sales; positions where negotiation with an external party is required; or other positions which the company has identified as vulnerable to bribery.

Facilitation Payment

A payment or other provision made personally to an individual in control of a process or decision. It is given to secure or expedite a routine or administrative duty or function.

Hospitality

The considerate care of guests, which may include refreshments, accommodation and entertainment at a restaurant, hotel, club, resort, convention, concert, sporting event or other venue such as company offices, with or without the personal presence of the host. Provision of travel may also be included, as may other services such as provision of guides, attendants and escorts; use of facilities such as a spa, golf course

or ski resort with equipment included.

ID

Integrity Department

Integrity Pledge

A document signed by an individual, committing themselves to act with

integrity as they conduct their duties at TNB.

ISC

Integrity Steering Committee

Personal Gift

Something given from one individual to another, with the intention of creating or enhancing a personal relationship. The gifts are given in a private  setting,  without  the  knowledge  or  approval  of  the  company

management of one or both parties. Personal gifts may include cash, cash



equivalents such as credit cards, bitcoin or savings accounts, electronic items, watches, luxury pens, property, vehicles, free fares, shares, interest free loans, lottery tickets, travel facilities, entertainment, services, club memberships, any forms of discount or commission, jewelleries, decorations, souvenirs, vouchers or any other valuable items. See also

Corporate Gift above.

TCIMS

TNB Corporate Integrity Management System

TNB Personnel

All individuals directly contracted to the company and its Controlled Organisations on an employment basis, including permanent and

temporary employees and directors.

TNB Group

Tenaga Nasional Berhad and its Controlled Organisations.

Whistleblower

A person who discloses information on a person or organization engaged in or suspected of being involved in malpractice.


  1.  Policy owner

The ID is the owner of this policy.


  1.  Policy
    1. Anti-Bribery Policy
      1. Our policy is that bribery in all its forms related to TNB’s activities is prohibited.
      2. Bribery may take the form of anything of value, such as money, goods, services, property, privilege, employment position or preferential treatment. TNB Personnel and its Business Associates shall not therefore, whether directly or indirectly, offer, give, receive or solicit any item of value, in the attempt to illicitly influence the decisions or actions of a person a position of trust within an organisation, either for the intended benefit of TNB or the persons involved in the transaction.
      3. The anti-bribery policy applies equally to its business dealings with commercial (‘private sector’) and government (‘public sector’) entities, and includes interactions with their directors, personnel, agents and other appointed representatives at all levels. Even the possible appearance of bribery is to be avoided, in particular when dealing with government officials.
      4. The anti-bribery policy applies to all countries worldwide, without exception and without regard to regional customs, local practices or competitive conditions.
      5. Therefore, TNB does not permit Facilitation Payments even when they are customary under the circumstances.
      6. TNB holds a ‘No Gifts’ Policy. However, there are certain exceptions. Gifts and hospitality are acceptable provided they (1) are limited, customary and lawful under the circumstances; and

(2) do not have, or are perceived to have (by either the giver or the receiver), any effect on actions or decisions. Specifically, with respect to gifts and hospitality, (a) there should be no expectation of any specific favour or improper advantages from the intended recipients; (b) the independent business judgment of the intended recipients must not be affected; (c) there


must not be any corrupt / criminal intent involved; and (d) the giving out of the gift and hospitality must be done in an open and transparent manner. Further details are set out in the Gifts, Hospitality and Related Benefits Policy.

      1. It is TNB’s policy that no employee or external party will suffer demotion, penalty or other adverse consequences for refusing to pay or receive bribes or other illicit behaviour, even if such refusal may result in the company losing business or experiencing a delay in business operations.
      2. TNB recognises the value of integrity in its personnel and directors. Personal integrity should be considered as a part of TNB’s approach to recruitment, training, performance evaluation, remuneration, and promotion.
      3. TNB does not offer employment to prospective personnel in return for their having improperly favoured TNB in a previous role.
    1. Recognition of local and international legislation
      1. TNB is committed to observing the laws and regulations which govern our operations in every country where we do business.
      2. Basic Prohibition: TNB is committed to conducting its business ethically and in compliance with all applicable laws and regulations, including but not limited to the Malaysian Penal Code (revised 1977) (and its amendments), the Malaysian Anti-Corruption Commission Act 2009, (and its amendments), the Companies Act 2016 (Malaysia), the US Foreign Corrupt Practices Act 1977 (amended 1998), and the UK Bribery Act 2010. These laws prohibit bribery and mandate that companies establish and maintain accurate books and records and sufficient internal controls.
    2. Business Associates
      1. TNB may be held legally responsible for the actions of Business Associates acting on its behalf (commonly called a ‘Third Party’). As such, care must be taken to ensure that such entities do not attempt to engage in bribery. If concerns about a Business Associate persist, TNB must not engage or use the services of the entity.
      2. TNB must ensure that all Business Associates acting on behalf of TNB contractually agree to comply with this policy, particularly the Basic Prohibition in 7.2, and other relevant TNB policies, which sets out TNB’s general position on integrity and business ethics.
      3. Due diligence should also be carried out with regards to any Business Associate intending to act on the company’s behalf as an agent or in other representative roles, to ensure that the entity does not commit an act of bribery in the course of its work with TNB. Due diligence should be based on a bribery risk assessment. Due diligence may include a search through relevant databases, checking for relationships with public officials, and documenting the reasons for choosing one particular Business Associate over another. The results of the due diligence process must be documented, retained for at least seven years and produced on request by the custodian of the process.


    1. Responsibilities of TNB Personnel
      1. This policy is applicable to all TNB Personnel (including the directors of TNB and its Controlled Organisations), and it seeks to impose specific responsibilities and obligations that are properly reflected in employment contracts, evaluations, incentives and promotional procedures and enforced through standard disciplinary measures.
      2. With respect to directors of TNB and its Controlled Organisations, their specific roles include the following:
        1. Promote good corporate governance practices relating to anti-bribery;
        2. Demonstrate support for the implementation and enforcement of this policy;
        3. Demonstrate model behaviour and lead by example by complying with this policy;
        4. Be watchful and alert for signs of possible misconduct or inappropriate behaviour which may relate to bribery;
        5. Not condone improper practices and to take stern actions when required;
        6. Promote the use of whistleblowing mechanisms within TNB and give assurance on the protection of whistleblowers.
      3. All TNB Personnel are responsible for understanding and complying with this policy. In particular, the role of all TNB Personnel includes the following:
        1. Be familiar with applicable requirements and directives of the policy and communicate them to subordinates;
        2. Promptly record all transactions and payments accurately and in reasonable detail;
        3. Always raise suspicious transactions to immediate superiors for guidance on next course of action;
        4. Ask the ID if any questions about this policy arise or if there is a lack of clarity about the required action in a particular situation;
        5. Be alert to indications or evidence of possible violations of this policy;
        6. Promptly report violations or suspected violations through appropriate channels;
        7. Participate in integrity and anti-bribery training as determined by the position.
      4. TNB Personnel in a supervisory position have a particular responsibility to ensure that the TCIMS requirements are applied and complied with within their department or function and to monitor compliance with the policy. They also must ensure that subordinates in ‘Exposed Positions’ attend relevant training.
      5. When dealing with external providers offering goods and services to the company, TNB Personnel shall not:
        1. express unexplained or unjustifiable preference for certain parties;
        2. exert improper influence to obtain personal benefits from them.
      6. When dealing with external parties in a position to make a decision to TNB’s benefit (such as a Government official or client), TNB Personnel shall not:


        1. offer, promise or make any attempt at dishonestly influencing the person’s decision by directly or indirectly offer or make promise of corrupt payments, in cash or in kind;
        2. be involved in any discussions regarding business or employment opportunities, for their own personal benefit or for the benefit of the external party;
        3. otherwise abuse the decision-making and other delegated powers given by the senior management, in order to illicitly secure an outcome which would be to the commercial advantage to themselves and/or the company.
    1. Staff declarations
      1. All new TNB Personnel must sign an acknowledgement at the beginning of their employment that they have read and understand this policy and the TNB Code of Ethics for TNB’s general position on integrity and business ethics.
      2. All TNB Personnel shall sign an Integrity Pledge on a regular basis.
      3. All TNB Personnel shall declare any Conflicts of Interest, as stated in the Conflicts of Interest Policy.
    2. Anti-bribery compliance function
      1. TNB shall establish and maintain an anti-bribery compliance function, the Integrity Department (ID) to oversee the management of the TCIMS.
      2. The ID shall be recognised as an independent authority within the company structure, equipped to act effectively against bribery, with the Chief Integrity Development Officer (CIDO) reporting directly to the Chairman of the BIC.
      3. TNB shall conduct regular risk assessments to identify the bribery risks affecting the business, set the company’s anti-bribery objectives, and assess the effectiveness of the controls in achieving those objectives. This process will ensure the TCIMS is appropriate for the purpose of the organisation and inform further improvements of the system.
      4. The ID shall be resourced and staffed to a level in keeping with the size of TNB, the risk given the business activities of TNB and the scope of the TCIMS. The BIC shall ensure that appropriate resources are provided for effective operation of the TCIMS and that the ID is staffed with persons who have the appropriate competence, status, authority and independence.
      5. The ID shall provide advice and guidance to personnel on the anti-bribery management system and issues relating to bribery.
      6. The ID shall take steps to ensure that appropriate monitoring, measurement, analysis and evaluation of the TCIMS is performed.
      7. The ID shall report on the performance of the TCIMS to the BIC and ISC regularly, including results of any investigations and audits.
      8. The ID shall have clear terms of reference with a scope of work covering the TCIMS and directly related matters.


    1. Training
      1. TNB shall endeavour to conduct a training and awareness programme for all TNB Personnel on the company’s position regarding anti-bribery, integrity and ethics.
      2. TNB shall provide appropriate integrity training for all TNB Personnel who are any or all of the following:
  1. new to the company;
  2. promoted to a management position or a position involving budget control for the first time;
  3. appointed to or currently holding a position where bribery is considered a medium or high risk.
      1. Training should be repeated on a regular basis, in accordance with the level of bribery risk related to the position.
      2. All personnel in ‘Exposed Positions’ should complete tailored anti-bribery training within 3 months of taking the position.
      3. TNB shall maintain records to identify which TNB Personnel have received training, and produce, communicate and update the training schedule in conjunction with ID to ensure the training policy is adhered to.
    1. Reporting of policy violations
      1. TNB shall establish and maintain suitable reporting (‘whistleblowing’) channels for receiving information regarding violations of this policy, and other matters of integrity provided in good faith by TNB Personnel and/or external parties.
      2. Personnel who, in the course of their activities relating to their employment at TNB, encounter actual or suspected violations of this policy are required to report their concerns using one of the reporting channels.
      3. Reports made in good faith shall be addressed in a timely manner and without incurring fear of reprisal regardless of the outcome of any investigation.
      4. Retaliation in any form against TNB Personnel where the person has, in good faith, reported a violation or possible violation of this policy is strictly prohibited. Any TNB Personnel found to have deliberately acted against the interests of a person who has in good faith reported a violation or possible violation of this policy shall be subjected to disciplinary proceedings including demotion, suspension, dismissal or other actions (including legal action) which TNB may choose to take.
      5. See the Whistleblowing Policy for further information.
    2. Non-compliance
      1. ID shall conduct regular audits to ensure compliance to this policy in accordance with the TCIMS Monitoring and Review Procedure. Such audits may be conducted internally by TNB or externally by designated Business Associates. Audit documentation should include performance improvement action plans.


      1. Non-compliance as identified by the audit and any risk areas identified through this and other means shall be reported to the ISC in a timely manner in accordance with the level of risk identified.
    1. Continuous improvement
      1. In maintaining the TCIMS, TNB is committed to satisfy ISO 37001:2016 anti-bribery management system requirements.
      2. TNB shall monitor the legal and regulatory regimes where it operates, and identify any changes to TNB’s business environment and risks in order to identify opportunities for improvements to the TCIMS. A report shall be submitted to the BIC on a regular basis for the BIC to take appropriate action.
      3. The BIC shall conduct regular assessments (at least every two years) of the TCIMS, to ensure its scope, policies, procedures and controls match the bribery and other bribery-related risks faced by TNB.
      4. TNB endeavours to impact the business environment where it operates. This may include extending its integrity programme to non-Controlled Organisations, suppliers and contractors, seeking to work with companies who have a similar commitment and supporting initiatives in the private and public sectors which are likely to improve the integrity of its operating environment.


  1.  Sanctions for non-compliance

TNB regards bribery as a serious matter and will apply sanctions in the event of violations of this policy. For TNB Personnel, non-compliance may lead to disciplinary action, up to and including termination of employment. Further legal action may also be taken in the event that TNB’s interests have been harmed by the results on non-compliance by individuals and organisations.


  1.  Waiver

Any deviation or waiver from this policy must be approved either by the ISC or BIC.


  1.  Review & Inspection

The Integrity Department will review the suitability of this policy from time to time, in accordance with the TCIMS Monitoring and Review Procedure.

TNB HSE GUIDELINES

HSE Guideline

TNB HSE GUIDELINES FOR CONTRACTORS

All rights reserved. No part of this publication may be reproduced, copied, stored in any retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise; without prior permission in writing from Tenaga Nasional Berhad.
Revision 2 (Januari 2018)

CONTENTS

This document is a guideline for contractors working with TNB. It outlines the safety, health, and environmental policies that must be adhered to.

  1. PURPOSE
  2. INTRODUCTION
  3. DEFINITIONS
  4. GENERAL RULES AND REGULATIONS
  5. CONTRACTOR
    1. Safety Health and Environment Policy
    2. HIRARC/JSA/Method Statement
    3. HSE Promotion
    4. HSE Site Meeting
    5. Contractor to Conform with Laws etc.
    6. Contractor Liability
    7. Competency Requirements
  6. LIFE SAVING RULES
  7. CONTROL AND SUPERVISION OF HEALTH AND SAFETY AT WORK
    1. Contractor's Representative
    2. Safety and Health Committee
    3. Safety and Health Officer
    4. Incident Notification
    5. Auditing of Contractor's HSE Management programs
  8. EMPLOYMENT
  9. SECURITY MEASURES
    1. Security Guards
    2. Workers Identification and Passes
    3. Entry and Exit
    4. Handling and Mobilisation of Tools, Equipment and Materials
  10. USE OF MOTOR VEHICLE
  11. HOARDING & FENCING
  12. HANDLING AND MOBILIZATION OF TOOLS AND EQUIPMENT
  13. HOUSEKEEPING
    1. Storange of Materials
    2. Debit Clearance
    3. Prevention of Stagnant Water
  14. WORKSITE FACILITIES
    1. Washroom Facilities
    2. First Aid Facilities
    3. Drinking Water
    4. Canteen Facilities
  15. PERMIT TO WORK (PTW)
    1. Hot Work Permit
    2. ELECTRICAL Work Permit
    3. Confined Space Work Permit
    4. Mechanical Work Permit
  16. ELECTRICAL SAFETY
  17. EMERGENCY RESPONSE PLAN (ERP)
  18. FIRE PREVENTION
  19. PERSONAL PROTECTIVE EQUIPMENT (PPE)
    1. Head Protection
    2. Eye and Face Protection
    3. Hearing Protection
    4. Body Protection
    5. Hand Protection
    6. Foot Protection
  20. NOISE CONTROL
  21. SIGNAGE, NOTIFICATION AND BARRIERS
  22. CONTRACTOR'S EQUIPMENT
    1. Lifting Gear
    2. Generator Set
    3. Air Compressor
  23. WORKING ENVIRONMENT
    1. Area of Work
    2. Confined Space Entry
    3. Working at Heights
    4. Scaffolding
    5. Working Over or Near Water
    6. Working at Night or Near Traffic Passageway
    7. Lighting and Ventilation
    8. Lighting and Ventilation
    9. Welding, Cutting and Grinding
  24. HAZARDOUS MATERIALS
    1. Use and Handling of Hazardous Materials
    2. Storage
    3. Labelling and Relabelling
    4. Packaging and Transportation
    5. Handling
    6. Emergency
    7. Disposal
    8. Information, Instruction and Training
    9. Safety Data Sheet (SDS)
    10. Chemical Waste
    11. Handling of Isotopes and Radiographic Equipment
  25. ENVIRONMENTAL OBLIGATION
    1. Disposal and Spillage
    2. Removal of Trees and Ground Vegetation
    3. Activities Which Emit Dust Particles
    4. Open Burning
    5. Noise
  26. WASTE AND SCRAP MANAGEMENT
  27. HSE DOCUMENT AND REPORT
  28. ENFORCEMENT


1.0 PURPOSE

The purpose of this HSE Guidelines for Contractors is to ensure as far as is practicable the contractor and/or sub-contractor(s) adhere to the relevant HSE legislations and take responsibility for the HSE of all their employees and people directly or indirectly involved with the work.

2.0 INTRODUCTION

This Guideline has been prepared to ensure that contractors, sub-contractors and workers comply with the other relevant Malaysian statutory requirements and all relevant TENAGA NASIONAL BERHAD (TNB) HSE rules, circulars and procedures.
The contractor is to ensure that all matters relating to hazards and risks or environment impact at the workplace are identified and effectively controlled, before commencing of work on site. The contractor is also to ensure that all sub-contractor(s) comply with the above guidelines. Any rules and regulations prepared and enforced by TNB in carrying out its daily business shall be adopted by the contractor who shall be responsible for ensuring that these instructions are seen and understood by the contractors subcontractors employees on site.The main contractor is deemed liable with regard to HSE matters to any sub contractors employed by him even in the absence of any formal contract. These HSE Guidelines for Contractors shall be included in tender documents sent to bidders and shall form as part of a formal contract between TNB and the contractor. All contractors shall be informed at the early stage that their tender price is to include all expenses necessary to comply fully with the conditions specified in this HSE Guidelines for Contractors. The contractor shall be liable for and shall indemnify TNB against any liability, loss, claim or proceedings whatsoever arising under any statute or common law on his part or on the part of his sub-contractor in respect of personal injury to or the death of any person whomsoever or damage to any property arising out of, in the course of or caused by carrying out the works, unless due to any act or neglect of TNB. All clauses in this document are applicable. However, some clauses may be exempted, subject to the discretion by TNB.

3.0 DEFINITIONS

Some of the relevant definitions for terms or words used in this document are given in this section. All other definitions not mentioned here shall follow their said act and regulation.

  1. "ACCIDENT" means and event that :-
    1. Cause any person to be harmed;
    2. In different circumstances, might have caused any person to be harmed.
  2. "APPROVED" means certified by SIRIM or any other International accreditation bodies.
  3. "CONTRACTOR" means a person engaged by TNB (otherwise than as an employer) to do any work for gain or reward.
  4. "CONTRACTOR'S PERSONAL"means workers and agents employed by the contractor or sub-contractor to do work for gain or reward.
  5. "HARM" means illness, injury or both and "to harm", "harmed" and "unharmed" have corressponding meanings.
  6. "HAZARD" means an activity; arrangement, circumstance, event, occurrence, phenomenon, process, situation or substance (whether arising or caused within or outside a place of work) that is an actual or potential cause of harm; and "hazardous" has a corresponding meaning.
  7. "MACHINERY" means an engine, motor, or other appliance that provides mechanical energy derived from compressed air, the combustion of fuel, electricity, gas, gaseous products, seam, water, wind or any other source and includes: -
    1. Any plant by or to which the motion of any machinery is transmitted; and
    2. A lifting machine, a lifting vehicle, a machine whose motive power is wholly or partly generated by the human body and tractor.
  8. "OCCUPATIONAL HEALTH" means any illness/sickness arising from the workplace or work activities.
  9. "PLANT" includes-
    1. Appliance, equipment, fitting, furniture, implement, machine, machinery, tools and vehicle.
    2. Part of any plant, the controls of any plant and anything connected to any plant.
  10. "PRACTICABLE" means practicable with regard to-
    1. The severity of the hazard or risk in question;
    2. The state of knowledge about hazard or risk and any way of removing or mitigating the hazard or risk;
    3. The availability and suitability of ways to remove or mitigate the hazard or risk;
    4. The cost of removing or mitigating the hazard or risk;
  11. "RISK" means the chance of something happening that will have an impact upon the objectives. It can also mean the uncertainty of outcome, within a range of potential exposures, arising from a combination of the impact and probability of potential events.
  12. "SAFE" means-
    1. Not exposed to any hazards in relation to a person;
    2. Free from hazards in every other case, corresponding meanings.
  13. "SUB-CONTRACTOR" means any person engaged (otherwise than as an employee) by any contractor or sub-contractor to do for gain or reward any work the contractor or sub-contractor has been engaged (as contractor or sub contractor) to do.
  14. "SITE" means-
    1. The whole of an area of land under the control of a manufacturer and includes a pier, jetty or similar structures, whether floating on water or otherwise;
    2. A structure, whether floating on water or otherwise, which is under the control of a manufacturer.
  15. "TNB" means NIOSH Tenaga Safety Passport training provided by NIOSH
  16. "NTSP" means NIOSH Tenaga Safety Passport training provided by NIOSH
  17. "TSP" means Tenaga Safety Passport training provided by ILSAS

4.0 GENERAL RULES AND REGULATIONS

In carrying out the contract, contractors shall comply with all relevant Malaysian/International Acts, Regulations, Statutory Requirements and TNB Safety Rules & Procedure, which shall include but not limited to the following:

  1. Occupational Safety and Health Act (OSHA) 1994 and Regulations made under the Act.
  2. Electricity Supply Act 1990 and Regulations made under the Act.
  3. Factories and Machinery Act 1967 and Regulations made under the Act.
  4. Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994.
  5. Environmental Quality Act 1974 and Regulations made under the Act.
  6. Fire Services Act 1984.
  7. Radioactive Substances Act 1968.
  8. Atomic Energy Licensing Act 1989.
  9. Uniform Buildings by Laws 1983.
  10. Employees Social Security Act 1969 (Act 4) and Regulations made under the Act.
  11. Road and Transport Act 1958.
  12. Employment Act 1955 (Act 265).
  13. Relevant TNB Safety Rules & Regulations.

5.0 CONTRACTOR

5.1 Safety, Health and Environment Policy

Contractors are required to have updated Safety, Health and Environment Policy Statement at workplace. The policy must be displayed at strategic locations in the work area to ensure workers understand the policy.

5.2 HIRARC/JSA/Method Statement

Contractors shall provide HIRARC / JSA/Method Statement for all activities at worksite. HIRARC/JSA/Method Statement shall be kept at worksite and referred when conducting works. HIRARC shall be developed in accordance with DOSH Guidelines for Hazard Identification, Risk Assessment and Risk Control (HIRARC) 2008.

5.3 HSE Training for Contractors Employees

Contractors shall ensure that all their employees and workers have attended Safety Induction programme before commencing work within TNB premises. There are 2 types of Safety Induction programmes required for all Contractor employees and workers :

  1. NIOSH TNB Safety Passport (NTSP)/TENAGA safety passport(TSP)

    All of the Contractors workers including their sub-contractors, vendors, specialists or any other personnel engaged by them shall attend the NTSP/TSP training programme and obtain a valid NTSP/TSP card. All costs pertaining to NTSP/TSP training shall be borne by the Contractor.


    However, NTSP/TSP is exempted to certain personnel on site under the following conditions:

    1. Low risk activities to be identified by TNB Representatives.
    2. Regulatory bodies automatic exemption upon identity verification.
    3. Foreign Specialists/Vendors working with the Contractor on ad-hoc basis granted on case-to-case basis upon request in writing to the contract owner or TNB representative.
  2. CIDB Green Card

    All of the c s including their sub-contractors, specialists or any other personnel engaged by them in the engineering construction area shall possess valid CIDB Green Cards as required under Section 33 Lembaga Pembangunan Industri Pembinaan Malaysia 1994 Act (Act 520).The validity of the CIDB Green Card is three (3) years from the date of certification. All costs incurred in obtaining the CIDB green Card shall be borne by the contractor.

5.4 HSE Promotion

The contractor shall issue regular HSE reminders in the form of fliers, posters, banners, notices, safety suggestion box scheme, video presentation etc. to instill HSE awareness amongst workers.

5.5 HSE Site Meeting

HSE matters shall be included in the project kick off meeting held prior to commencing of work if required by TNB. The contractor shall ensure that his workers are to be reminded on current HSE issues daily prior to starting work.


A regular site meeting shall be conducted at a frequency to be determined by TNB. The following site meetings shall be conducted on regular basis:

  1. Work progress meeting with priority on HSE issues
  2. Weekly progress meeting shall include HSE issues.
  3. Joint HSE Committee meeting.

5.6 Contractor to Conform with Laws etc.

The Responsibility of the contractor is not only to ensure the safety and health of his employees but also the duty is extended to the safety and health of his sub-contractor by abiding to the laws, statutory regulations and TNBrules and regulations.


Under Section 15 of the Occupational Safety and Health Act (OSHA) 1994, it is the duty of every employer and every self-employed person to ensure, so far as is practicable, the safety, health and welfare at work of all his employees.


The contractor shall ensure at all times that his sub-contractor is informed of, understands and adheres to all laws, statutory regulations and TNB rules and regulations relating to HSE.


The contractor and his sub-contractors shall take action to be fully informed and made themselves aware of their responsibilities and liabilities as covered in the conditions of contracts.

5.7 Contractor Liability

All expenses with respect to HSE shall be fully borne by the contractor. Any penalty due to negligence and/or omission of the said acts and regulations shall be indefinite and will be liable to the contractor.
Any interruption and delays to work due to fatalities, accidents, injuries, and/or near miss accidents involving contractors and/or sub-contractors and/or their workers where the investigation process is carried out or stop work orders issued by a TNB or the authorities; all such costs are to be fully borne by the contractor without prejudice.

5.8 Competency Requirements

Contractors shall ensure their workers and sub-contractors workers shall have valid competency certificates for works or services as stipulated by the law or TNB/TNB-required competency certification such as, but not limited to:

  1. EC Competent Person e.g Wireman, Cable Jointer, Chargeman
  2. Internal Combustion Engine (ICE)
  3. Safety and Health Officer (SHO)
  4. Site Safety Supervisor (SSS)
  5. Scaffolding Competent Person
  6. Mobile / Crawler Crane Operator Competent Person
  7. Authorised Gas Tester for Confined Space
  8. High Pressure Welders
  9. Radiation Protection Officer (RPO)
  10. Others as defined by the law or TNB from time to time

6.0 LIFE SAVING RULES

Life Saving Rules are a set of nine (9) rules specifically designed and given special status because they are essential in preventing fatal accidents. Failure to comply with Life Saving Rules will result in serious penalties including termination of contract and blacklisting of board of directors.

6.1 Life Saving Rules

LSR contains nine (9) rules. These rules are divided into 2 categories:

  1. Core Rules
  2. Supplementary Rules
  1. a) Core Rules
    1. 1. Isolate, earth and test before touch
    2. 2. Valid permit to work mandatory.
    3. 3. Wear Arc Flash Suit when switching.
  2. b) Supplementary Rules
    1. 1. Use fall protection.
    2. 2. Obtain authorisation before entering confned space.
    3. 3. Wear helmet/safety belt. No speeding.
    4. 4. No phones while driving.
    5. 5. Caution. Suspended load.
    6. 6. No drugs. No alcohol

Please refer table 1 below:

7.0 CONTROL AND SUPERVISION OF HEALTH AND SAFETY AT WORK

7.1 Contractor's Representative

The contractor shall nominate a representative(s) to be in charge and to co-ordinate the work with TNB personnel at the worksite. The representative(s) shall remain at the worksite at all times to supervise the scope of work awarded to the contractor.

7.2 Safety and Health Committee

Every contractor employing 40 personnel or more shall set up his own Safety and Health Committee as per requirement under Section 30 of Occupational Safety and Health Act 1994. Safety and Health Committee meetings shall be conducted not less than once in three months with TNBpersonnel to discuss the HSE issues of the contractor's workers on site as per requirement under Occupational Safety and Health (Safety and Health Committee) Regulations.
The functions of such a committee are as follows:

  1. To advise the contractor on his guidelines to meet the provisions of the relevant laws on HSE.
  2. To enforce the implementation of the HSE requirements.
  3. To promote safe work practices.
  4. To investigate accident cases and recommend preventive measures.

7.3 Safety and Health Officer

If a contract is worth more than RM20 million, the contractor shall provide a full time DOSH registered Safety and Health Officer (SHO) at the construction site as per Occupational Safety and Health (Safety and Health Officer) Order 1997. The duties of SHO are stipulated under Part V of OSH (SHO) Regulations 1997.
The SHO shall submit monthly formal reports for all incidents and activities on site.
The SHO shall sit in a Joint Safety and Health Committee set up by TNB at the worksite.
In the event that the contractor employs less than 40 employees or the contract is worth less than RM20 million, TNB reserves the right to request the contractor the following:

  1. To appoint a full time Safety and Health Officer (SHO) and/or.
  2. To appoint a Site Safety Supervisor and/or.
  3. To set up a Safety and Health Committee and/or.
  4. To jointly set up a Safety and Health Committee with TNB and/or .
  5. To attend TNB Safety and Health Committee meetings.

7.4 Incident Notification

The contractor shall immediately inform in writing the following incidents to TNB:

  1. Accidents
  2. Dangerous Occurrences
  3. Near misses
  4. Occupational diseases/ poisoning
  5. Fire and explosion
  6. Environmental pollution
  7. Property Damage

Contractors SHO with specific work site responsible for notifying work related accident to Department of Occupational Safety and Health (DOSH) as required under Occupational Safety and Health (Notification of Accident, Dangerous Occurrences Occupational Diseases,Occupational Poisoning) Regulations, 2004. Report shall also be made to other relevant authorities such as Energy Commission, Police, Fire and Rescue Department (BOMBA), Department of Environment (DOE), Social Security Organisation (SOCSO), where applicable.
A detailed preliminary report shall be submitted to TNBwithin 24 hours after the incident. The contractor shall submit a full report within 5 days.
In the case of any fatal accident, major fire or disaster, the contractor shall immediately activate his Emergency Response Plan.

7.5 Auditing of Contractor's HSE Management programs

Regular auditing of Contractor's Sub-contractor's HSE Management programs will be carried out by TNB Safety Representatives. The contractor and his workers shall familiarise themselves with the TNB HSE Management System used by TNB in managing HSE at the workplace.

8.0 EMPLOYMENT

The contractor shall be responsible for arranging whatever documents deemed necessary for the entry and residence of employees that may be required to work in Malaysia for the purpose of the contract. The contractor shall be responsible for ensuring that all his employees comply with the Employment Act 1955.
The contractor is to fulfill all his obligations in respect with site office accommodation, medical facilities for all personnel in his employment, in accordance with the responsibility imposed on him, or all necessary requirements to ensure satisfactory execution of the contract. He shall also comply with the requirements of The Employment Act 1955 and all other Statutory Regulations.
The contractor shall be responsible for the discipline and on site safety of all personnel employed by him.

9.0 SECURITY MEASURES

9.1 Security Guard

Where applicable, the contractor shall engage security guard with a licensed security company. All requirements by the Ministry of Internal Affairs with regard to security matters must be complied with at all times.


A proper guard house is to be provided if required. The guard house shall be equipped with basic facilities such as water, power supply, communication system, toilet, etc.

9.2 Workers Identification and Passes

All personnel shall have valid security passes issued by TNB at all times and to produce them upon request. The passes are to be surrendered to TNB by upon completion of the work. Otherwise, the contractor shall be penalized.


The contractor is to observe TNB security requirements at all times.


For the purpose of issuing passes, the contractor is required to submit the following particulars original & photo copy of all workers under his employment (including sub-contractors) in advance prior to work commencement:


  1. Full name
  2. NRIC number number (for citizen), or a valid passport number and a valid work permit number (for non citizen)
  3. Date of birth
  4. Current residential address and reachable phone number (if available)
  5. Profession (or trade)

9.3 Entry and Exit

All workers and their vehicles shall be subjected to 100% security checks by security personnel upon entry within the premises and upon leaving the premises. A dedicated log book shall be made available to record such movements as required under Section 34E Lembaga Pembangunan Industri Pembinaan Malaysia 1994 Act (Act 520).

10.0 USE OF MOTOR VEHICLE

  1. All vehicles shall be driven carefully within site compounds and abide all speed limits set by site office.
  2. Vehicles are only allowed entry for delivery of equipment or materials and should not be parked in a construction compound or obstruct any fire-fighting equipment.
  3. All vehicles used for construction work shall be safe to use and shall be in good working condition. When not in use, it must be parked in a reverse position at all times.
  4. The contractor shall ensure their workers fasten seat belt while driving or wearing helmet while riding at TNB compound.
  5. Parking of contractor's vehicle should be at a proper and safedesignated area only.

11.0 HOARDING & FENCING

The Contractor shall ensure that proper hoarding and fencing/barricade are erected before commencement of site work when requested by TNB. Adequate perimeter lighting for patrolling purposes shall also be provided.
The conditions of the hoarding and fencing must be regularly monitored.

12.0 HANDLING AND MOBILIZATION OF TOOLS AND EQUIPMENT

  1. All equipment brought to site shall be comply with the Part XVI of Factories and Machinery Act (Building Operations and Works of Engineering Construction) Safety Regulations 1986.
  2. The contractor shall declare all tools and equipment to be brought to site. Only the declared items shall be taken out of site later.
  3. The equipment, tools or materials allowed by TNB supervisor shall undergo security checks upon entering and leaving the site.
  4. The contractor shall bring his own equipment and be responsible for them. TNB shall not be liable for any loss or damage to the contractor's equipment kept within TNB premises.
  5. All equipment shall be in safe and good working condition. TNB reserves the right to inspect and reject them if found unsafe.
  6. Materials, machinery or tools, etc. belonging to TNB shall be declared to Site Managers before being taken out from TNB premises or for storage purposes by the contractor.
  7. The contractor is not allowed to operate or tamper with any equipment or apparatus belonging to TNB without prior consent.

13.0 HOUSEKEEPING

Good housekeeping improves the working environment. Pleasant working conditions will motivate workers for greater efficiency and productivity.

13.1 Storage Materials

  1. The contractor shall bear all costs with regard to storage facilities, unloading and storage of materials.
  2. The contractor shall provide security and protection for their materials. TNB shall not be responsible for any loss and damage to these items.
  3. The contractor shall be responsible for the security and safety of equipment & materials stored at site.
  4. All materials shall be stored or stacked in a safe and orderly manner so as not to obstruct any passageway or place of work.
  5. Material piles shall be stored or stacked in such a manner as to ensure stability.
  6. Materials or equipment shall not be stored upon any floor or platform in such quantity as to exceed its safe carrying capacity, materials or equipment shall not be stored or placed so close to any edge of a floor or platform as to endanger a person below.
  7. The contractor must ensure that all paints and thinner are to be issued in small quantities at the worksite. Such materials must be removed and kept under proper storage after the day's work.

13.2 Debris Clearance

The contractor shall remove all rubbish regularly. Debris or unwanted material from the worksite shall be removed by a method which will not endanger a person.

Prevention of Stagnant Water

  1. The contractor shall keep the whole worksite well drained throughout the contract period and shall ensure that all work is carried out in a dry condition.
  2. The contractor shall pump out excessive surface water from the worksite when construction is in progress.
  3. The worksite shall be free from potential mosquito breeding at all times. Should there be any occurrence of cases of mosquito or pest borne diseases, the contractor is responsible for taking the necessary actions to remedy the situation immediately (by pest control e.g. fogging).

14.0 WORKSITE FACILITIES

14.1 Hygiene & Other Facilities

  1. The contractor shall provide and maintain clean and hygienic washroom facilities including mobile toilet, if the duration of the contract exceeds 1 month and/or staff exceed 15 people.
  2. If the station/site is to provide washroom facilities, the contractor is required to contribute to the repair and maintenance of the facility.
  3. Sufficient clean drinking water supply shall be provided by the contractor his workers.

14.2 Canteen Facility

  1. No food or drinks shall be consumed in any working area. The contractor is required to make his own arrangement in catering for the needs of his workers.
  2. Alcoholic drinks and dangerous drugs are strictly prohibited on construction premises. Possession of such items constitutes an offence and is liable to prosecution.
  3. The TNB canteen may be made available to the contractor's personnel with prior permission from TNB station /site office.
  4. The contractor shall ensure that his workers are reasonably clean when entering the station or site canteen.
  5. The contractor shall provide a proper canteen if necessary, based on the project period.
  6. 14.3 Resting Area

    The contractor shall provide a suitable and safe shaded area for his workers for them to rest during breaks.


    14.4 Surau

    The TNB Surau may be made available for Muslim personnel for prayers. Neither sleeping nor loitering is allowed and cleanliness of the place is to be made a priority at all times.


    14.5 First Aid Facilities

    The contractor shall provide sufficient First Aid Facilities or a clinic including trained first aid personnel for his workers in accordance to regulation 38 of Factory & Machinery (Safety Health & Welfare) Regulation 1970.

15.0 PERMIT TO WORK (PTW)

There are various types of permit issued to contractors which include but not limited to the following:

  1. There are various types of permit issued to contractors which include but not limited to the following:
    1. i. Hot Work Permit
    2. ii. Electrical Work Permit
    3. iii. Confined Space Work Permit
    4. iv. Mechanical Work Permit
    5. v. Excavation Work Permit
  2. The contractor shall nominate a competent person for purposes of receiving PTW from station or construction site.
  3. The request for such PTW shall comply with TNB internal manual, procedures and guidelines.

15.1 Hot Work Permit

  1. The contractor shall apply "Hot Work Permit" from TNB Authorized Person prior to carrying out any hot work including, welding, flame cutting, brazing or any operations or processes that utilise or generate heat.
  2. The contractor shall comply with all saftety precautions specified in the "Hot Work Permit" issued to him
  3. The contractor shall display conspicuously the "Hot Work Permit" at the worksite throughout the duration of the work. It shall be returned to TNB representative after the job has been completed.

15.2 Electrical / Mechanical Work Permit

  1. The contractor shall apply for a "Electrical Work Permit" prior to working on any electrical installations and 'Permit Menjalankan Kerja' for an non electrical work such as civil work, maintainance work etc.
  2. The contractor shall comply with all safety and environment precautions specified in the "Permit for Electrical Work" issued to him.
  3. The contractor shall display conspicuously the "Work Permit" at the worksite throughout the duration of the work. It shall be retured to TNB representative after job has been compelted.

15.3 Confined Space Work Permit

  1. The contractor shall apply for a "Permit for Entry into Confined" Space within confined spaces including, fuel tanks, water tanks, chilled water tanks, boilers, dryers, cylinders, underground tanks and any other places deemed necessary by TNB/TNB.
  2. The contractor shall comply with all HSE requirements as specified in the DOSH industrial code of practices for working in confined spaces 2010.
  3. The contractor shall display into Confine Spaces" at the worksite throughout the duration of the work. It shall be returned to TNBrepresentative after the job has been completed.

16.0 ELECTRICAL SAFETY

  1. The contractors shall make themselves thoroughly conversant and conform with the Electricity Supply Act 1990, Electricity Regulations 1994, IEE Wiring Regulation and TNB Electrical Safety Rules governing any work they may have to undertake in any electrical installation or system. The work must be carried out by only competent personnel.
  2. In the case of temporary electrical facilities, TNB may demand for additional safety precautions by the contractor in order to prevent accidents. TNB personnel may conduct spot checks on temporary electrical facilities and any dangerous items found may be confiscated.
  3. The contractor shall inform TNB representatives in advance of any site power supply requirements. Taking electrical supply from any outlet without prior approval of TNB is strictly prohibited.
  4. For work in confined spaces, the power supply for inspection lamps and lightings shall be 24 volts and below.
  5. The contractor shall use only approved non-conductive ladders for any electrical work at site.

17.0 EMERGENCY RESPONSE PLAN (ERP)

  1. The contractor shall prepare and submit his ERP to TNB. The ERP shall include the name of the person who is responsible for safety on site and off site and the names of those who are authorised to take action pursuant to the plan in the event of emergency.
  2. ERP shall be constantly updated to take into account any changes of activities and the contractor shall inform all the affected parties of its relevant provisions. In an emergency e.g., fire or explosion, immediate evacuation is necessary. Any accident at worksite shall be reported immediately to TNB.
  3. The contractor and all his personnel shall be responsible for all reasonable precautions during and outside normal working hours to prevent any possible outbreak of fire.
  4. The contractor shall provide adequate fire-fighting and emergencies equipment in his office, site storage and own work areas. The contractor shall also ensure that his personnel are fully trained in the use of the fire fighting and emergencies equipment.
  5. In the event of an outbreak of fire at site, the contractor and all of his personnel shall assist in fighting such a fire. The contractor shall acquaint all his personnel together with any sub-contractor with the fire-fighting guidelines.
  6. Evacuation drills and emergencies drills shall be carried out regularly.
  7. Fire-fighting procedures, safety measures and contingency plans for fire fighting shall be established and displayed in strategic locations.

18.0 FIRE PREVENTION

  1. Hot Work Permit shall be obtained before starting any work that involves the use of local ignition source capable of igniting flammable and combustible materials.
  2. Smoking is strictly prohibited in work areas and allowed in designated areas only.
  3. Where flammable and combustible liquids, vapours, chemical, gases and the like are stored or handled, personnel shall be prohibited from carrying matches, lighters and other spark-producing devices.
  4. The contractor shall not defeat existing fire fighting system in a building or at the worksite during work.
  5. Contractor's Fire-fighting equipment (if any) shall be checked regularly to ensure that they are ready to be used during any emergency. The contractor must ensure that each designated personnel is proficient in the method of handling fire-fighting equipment installed at the area or station where he works.
  6. All firefighting installations shall be regularly tested. Any defect shall be immediately attended to. All fires shall be reported and investigated.

19.0 PERSONAL PROTECTIVE EQUIPMENT (PPE)

  1. The contractor shall comply with TNB PPE Policy & Guidelines at all times. Contractors shall provide appropriate, suitable and proper working attire for all his workers. Attire such as short pants, sleeveless shirts, torn jeans and slippers, are not allowed to be worn at site.
  2. The contractor shall supply appropriate PPE to his workers and visitors at site.
  3. It is the responsibility of the contractor to ensure that his personnel wear PPE at all times. The purpose is to reduce any risks to their safety and health.
  4. The contractor shall conduct regular inspections on all PPE.
  5. Workers without PPE and not wearing proper attire shall be barred from entering the site and ordered to leave at once.

19.1 Head Protection

  1. The contractor shall provide hard hats to his workers and ensure they are worn by all parties engaged in the construction and maintenance work or in a designated hard hat area where hazards from falling, flying or fixed objects or/and electrical shock are present.
  2. All person who are performing any work or services in a construction worksite shall where safety helmets as required by Regulation 24 Factories and Machinery (Building Operations and Works of Engineering Construction) (Safety) Regulation 1986.
  3. The hard hat shall not be modified to accommodate use with other hats.
  4. The hard hat shall not be painted.

19.2 Eye and Face Protection

The contractor's personnel shall wear suitable and approved and face protection equipment as required by Regulation 13 Factories and Machinery (Building Operations and Works Of Engineering Construction) (Safety) Regulation 1986 when carrying out any of the processes or operations but not limited to the work specified below: -

  1. Cleaning by high water pressure jets
  2. Striking masonry nails (by hand or power tool)
  3. Work using a hand-held cartridge tool
  4. All work on metal involving the use of a chisel, punch or similar tool by means of a hammer or power tool
  5. The chipping of paint, scale, slag, rust or corrosion from metal and other hard surfaces by a hand or power tool
  6. Driving in or on of bolts, pins or collars to structure or plant by a hammer, chisel, punch or portable hand tool
  7. Shot cleaning of buildings or structures
  8. Shot blasting of concrete
  9. The use of power driven high speed metal cutting saws, abrasive cutting-off wheels or discs
  10. Injection by pressure of liquids into buildings or structures which could result in eye injury
  11. Breaking up of metal by a hand or power driven hammer or tup
  12. Breaking, cutting, dressing, carving or drilling by a hand or portable power tool of any of the following: -
  13. Glass, hard plastics, concrete, fired clay, plaster, slag or stone or similar materials or articles consisting wholly or partly of them
  14. Bricks, tiles or blocks of brickwork, stonework or block work (except wooden blocks)
  15. Use of compressed air to remove swarf, dust, dirt or other particles
  16. Coiling wire and similar operations where there is a risk of eye injury
  17. Cutting wire or metal straps under tension
  18. Oxy-gas welding
  19. Hot cutting, boring, cleaning, surface conditioning or spraying of metal by an air-gas or oxy gas burner
  20. Instruments such as lasers which produce light radiation which can cause eye injury
  21. Truing or dressing abrasive wheels
  22. Dry grinding of materials by applying them by hand to wheel, disc or band or by applying a power driven portable grinding tool to them
  23. Machining of metals including any dry grinding process not elsewhere specfied
  24. Electric resistance and submerged electric arc welding or metals
  25. Any other processes or operations as may be specified by TNB.

19.3 Hearing Protection

The con workers shall wear a suitable and approved ear protectors as required by Factories And Machinery (Noise Exposure) Regulation 1989 when carrying out work in work area where the noise level exceeds 85 dB(A) and in zones where the wearing of such equipment is mandatory.

19.4 Respiratory Protection

The Contractor's workers shall wear suitable and approved respiratory equipment as required by Regulation 14 Factories and Machinery (Building Operations and Works Of Engineering Construction) (Safety) Regulation 1986 when carrying out any processes or operations but not limited to the following: -

  1. Spraying of paint, lacquer, varnish or similar substances
  2. Cleaning by high pressure jets
  3. Work involving the use of a hand-held cartridge
  4. Fogging of premises
  5. Space and tent fumigation
  6. Spray painting
  7. Grit blasting
  8. Work which generates dust, vapours, fumes, gases and irritants that is injurious to health.

19.5 Body Protection

The contractor shall ensure that body protection is equipped and worn by all parties while performing work where they may be exposed to hazards such as electrical flash over, fall from height, injuries, fire radiation and chemical burn.

  1. Safety harness

    For workers working at a height of more than 2 metres which makes them liable to fall, an approved safety harness and accessory shall be provided and worn to ensure his/her safety.

  2. Fall Arrest System

    A fall arrest system is required if a worker could fall from an elevated position. The fall arrest system should be used anytime at a working height of 2 metres or more is reached. A working height is the distance from the walking/working surface to a lower level. The full arrest system and accessories shall be provided but not limited to as specified below:-

    1. Full Body Harness
    2. Safety Helmet for working at height
    3. Double Lanyard
    4. Safety Line (Rope with accessories)
    5. Mobile Fall Arrest
  3. Reflective vest and traffic kits

    Workers exposed to traffic hazards while working on the road or at worksite shall be provided with a reflective vest and a traffic safety kit (safety sign, safety triangle, cone, blinker light and baton) to indicate a person working in the area.

  4. Protective clothing

    Workers who are exposed to wet condition, corrosive or harmful substances shall be provided with water proof protective suit, hood, apron, leggings, gloves and other protective wear suitable to the nature of the substances and the risks involved as required by Regulation 15 Factories and Machinery (Building Operations and Works Of Engineering Construction) (Safety) Regulation 1986.

19.6 Hand Protection

The contractor shall wear suitable and approved hand protection equipment when carrying out any process or operations but not limited to as specified below: -

  1. Handling sharp objects
  2. Handling acids, alkalis or other corrosive liquids
  3. Handling pesticides or other toxic substances
  4. Handling hot objects
  5. Handling cold objects
  6. When dealing with works that may cause electrical shock

19.7 Foot Protection

The contractor workers shall wear safety shoes suitable for the work carried out such as but not limited to the following:-

  1. Steel toe-cap shoes when handling medium to heavy loads
  2. Rubber-soled shoes when working with electricity
  3. Anti-static shoes when working in areas that may contain flammable vapours in the atmosphere
  4. Normal shoes when carrying out activities other than activities mentioned above

20.0 NOISE CONTROL

  1. The contractor shall ensure that all equipment and machinery used at site are in good working condition and do not exceed the noise level specified in the Environmental Quality (Noise) Regulations 1989.
  2. The Contractor shall ensure that the noise level for equipment brought into the site is under 90dB(A)
  3. Employees working in an environment exposed to a noise level equivalent to or exceeding 85 dB(A) shall wear an approved hearing protection.

21.0 SIGNAGE, NOTIFICATION AND BARRIERS

  1. The Contractor shall comply with the Malaysian Standard MS 981 for colour coding wherever applicable
  2. Standard Symbolic safety signs and notices shall be prominently displayed at the required/designated areas e.g. labeling of hazardous substances, PPE, traffic signs, live conductors, etc.
  3. Proper non-conductive barrier with signage shall be used to separate electrical live area and construction area.
  4. Designated areas with instructions such as Wear Hard Hat, Wear Safety Shoes, Wear Ear Muff, No Smoking, and No Flame etc. must be strictly followed.

22.0 LIFTING GEAR

  1. The contractor is responsible for ensuring that all equipment brought to site are in good and safe working conditions and comply with all relevant legislations.
  2. All lifting equipment brought to site shall be in a safe and good working condition. TNB reserves the right to inspect and reject them if found unsafe.

22.1 Lifting Gear

  1. All lifting machineries which are covered by the provision under Section 19 Factories and Machinery Act shall have PMA registration number and valid Certificate of Fitness issued by the Department of Occupational Safety and Health (DOSH).
  2. Lifting equipment shall never be overloaded. Lifting equipment shall be marked with a Safe Working Load (SWL) which must not be exceeded, except for obligatory Overload Test as prescribed by DOSH regulations. All accessories e.g. wire rope, chain, safety latch, hook etc shall be in good and safe working condition.
  3. The Contractor shall ensure that only trained and/ or competent persons are allowed to operate cranes, fork lifts and other lifting gears.

22.2 Generator Set

  1. All generator sets which are covered by the provision under Electricity Supply Act, 1990 or Environmental Quality Act 1994 shall have valid Certificate of Operation issued by the Energy Commission or DOE respectively.
  2. The generator set operators which are covered by the provision under the Factories and Machinery Act shall have valid ICE certification from the Department of Occupational Safety and Health (DOSH).
  3. 22.3 Air Compressor

    All air compressors pressure vessel which are covered by the provision under Section 19 Factories and Machinery Act shall have PMT registration number and valid Certificate of Fitness issued by Department of Occupational Safety and Health (DOSH).

23.0 WORKING ENVIRONMENT

Area of work

  1. The TNB Management shall decide and gazette all working areas for contractors if required.
  2. The contractor shall be responsible for the safety within his working area. Before the commencement of work, approved barriers/ hoarding (if required) and safety signboards shall be erected and prominently displayed.
  3. Horseplay, loitering and straying from assigned place of work are prohibited.
  4. The contractor's workers shall not encroach outside the gazetted area without prior written permission from TNB.
  5. The contractor shall make the area safe at all times as not to endanger public safety.

23.2 Confined Space Entry

  1. A special permit shall be obtained from the station for work in confined spaces such as vessels, boilers, tanks, condensers, culverts, duct, stack, pipelines, sewers, tunnels, excavation pit, and joint pit more than 1.5 metres and underground chambers.
  2. The procedure and guidelines for entering confined spaces shall be in accordance to DOSH Industrial Code Of Practice for working in confined space 2010.
  3. Persons entering a confined space shall wear a safety harness with a rope securely fastened, and the free end of the rope must be held by a standby person who can pull him out in an emergency. Both must undergo health checks and certified to be medically fit prior to entry.
  4. Effective steps shall be taken to prevent risk of flooding. The means of escape shall be provided for all persons likely to be endangered in the event of flooding.
  5. Forced ventilation shall be provided if natural ventilation is inadequate.

23.3 Working at Heights

  1. Appropriate and approved safety harness (such as full body harness and half body harness) must be worn when working 2 metres or more above the ground.
  2. Safety nets shall be erected to protect workers from falling and also to protect people below from any falling objects.
  3. Gondolas shall have PMA registration number and valid Certificate of Fitness issued by the Department of Occupational Safety and Health (DOSH).
  4. Ladders shall be of approved type, adequate strength and in a good working condition. Every ladder shall be securely fixed to prevent it from moving or endangering workers.
  5. The person required to work at heights should be directly supervise by the one who has undergone the required training (WAH) conducted by TNB Integrated Learning Solution (ILSAS), National Institute Of Occupational Safety and Health (NIOSH) or other certified training providers.
  6. 23.4 Scaffolding

    1. Scaffoldings shall be approved type and must be in accordance to Part X of Factories and Machinery (Building Operations and Works of Engineering Construction) (Safety) Regulations 1986. Workers shall not work on scaffolding installed outdoors during a storm or strong winds.
    2. Scaffolding requirements shall include but not limited to the following:
      1. i) Every scaffold and every part thereof shall be in good construction, of suitable and sound material and of adequate strength for the purpose for which it is used.
      2. ii) Every scaffold shall be properly maintained and every part thereof shall be kept so fixed, secured or placed in position as to prevent, as far as practicable, accidental displacement.
      3. Every scaffold more than 3 metres shall be erected or be substantially altered or be dismantled under the direct supervision of a scaffold competent person. (Ref: DOSH Guidelines for Approval of design scaffolding 2016)
      4. Every scaffold shall be securely supported or suspended and, where necessary, sufficiently and properly braced to ensure stability.
      5. All structures and appliances used as support for scaffold and working platform shall be of sound construction, have a firm footing or be firmly supported and shall, where necessary, be sufficiently and properly braced to ensure stability.

    23.5 Working Over or Near Water

    1. The contractor is responsible for ensuring that special precautions are taken to avoid loss of lives due to drowning when working over or near water as required by Regulation 7 of Factories and Machineries (Building Operations and Works of Engineering Construction) (Safety) Regulations 1986.
    2. The contractor shall ensure that the C.W. Pump house, water tanks, etc. shall not cause any person to fall into the water. Working platform must be properly constructed and secured.
    3. Hard Barricade (Fence, barriers) shall be erected at all edges where there is a risk of people falling into the water. Personal buoyancy aids must be worn when there is a risk of drowning and rescue equipment must always be ready and available as appropriate.
    4. Life Jacket inclusive of accessories shall be worn where necessary.

    25.6 Working at Night or Near Traffic Passageway

    1. The contractor shall provide adequate facility to work at night but not limited to the following: -
      1. Lighting the compound
      2. Reflective vest for the worker
      3. Blinker
      4. Safety Cone
      5. Barricade
    2. The contractor shall be cautious as not to create other hazards to other workers and the public. Permission from relevant local authorities, TNB and other agencies shall be obtained prior to start of work (e.g. Police, JKR or Highway authorities)

    23.7 Lighting and Ventilation

    1. The contractor shall ensure adequate lighting and ventilation is provided at all workplaces as required by Regulation 25 and Regulation 29 of Factories And Machinery (Safety, Health And Welfare) Regulation 1970.
    2. Explosion-proof light fittings must be used in areas where flammable gas may be present.
    3. The lighting equipment must be kept clear and in good state of repair.

    23.8 Excavation and Shoring

    1. The main danger during excavation work is people get trapped and buried in collapsed or falling materials.
    2. The contractor shall be responsible for all the necessary precautions to prevent any accident during excavation and shoring activities as required by Part XII of Factories and Machinery (Building Operation and Work of Engineering Construction)(Safety) Regulation 1986.
    3. Before commencing any excavation works, plans and others, information about all buried cables, piping and other underground installation in the area shall be obtained. In the event that such information cannot be obtained, the excavation must be carried out as though there are buried cables in the vicinity.
    4. Suitable cable locating devices shall be used in conjunction with cable plans if these are available, to locate as accurately as possible the position of any electricity cables.
    5. No employee shall be permitted to enter any excavated area unless sheet piling, shoring or other safeguards that may be necessary for his protection are provided.
    6. The excavation site and its vicinity shall be checked by a designated person after every rainstorm or other hazard-increasing occurrence and the protection against slides and cave-ins shall be increased, if necessary.
    7. Temporary sheet piling installed to permit the construction of a retaining wall shall not be removed until the wall has developed its full strength.
    8. Where banks are undercut, adequate shoring shall be provided to support the overhanging materials.
      1. Excavated materials and other superimposed load shall be placed at least 610 millimetres from the edge of open excavation and trenches, and shall be so piled or retained that no part thereof can fall into the excavation or cause the banks to slip or cause the upheaval of the excavation bed.
      2. Banks shall be stripped of loose rocks or other materials which may slide, roll or fall upon persons below.
    9. Open sides of excavations where a person may fall more than 3 metres shall be guarded by adequate barricades and suitable warning signs shall be put up at conspicuous positions.
    10. No employee shall be permitted to work where he may be struck or endangered by an excavating machine or by material dislodged by it or falling from it.
    11. Planks used as sheet piling must be at least 50 millimetres thick. The maximum spacing between walls shall be such as to keep the planks within their safe bending stress. Shores and braces shall be of adequate dimensions for stiffness and shall be so placed as to be effective for their intended purposes. Each end of each wall piece shall be separately braced.
    12. Earth-supported shores or braces shall bear against a footing of sufficient area and stability to prevent their shifting.

    23.9 Welding, Cutting and Grinding

    1. Hot Work Permit shall be obtained before starting any work that involves the use of local ignition source capable of igniting flammable and combustible materials.
    2. The contractor shall always check equipment before commencing any job and ensure that they are in safe working order.
    3. Handling and storage of gas cylinders shall be carried out in a proper manner. They shall be stored in a vertical position and properly secured.
    4. Welding shields and PPE shall be used while welding work is taking place. Only qualified welders are allowed to perform welding works. The contractor shall ensure that all gas cylinders are equipped with "Flash Back Arresters"

24.0 HAZARDOUS MATERIALS

24.1

The contractor shall take reasonable precautions to ensure that all hazardous materials are handled according to OSH (Use and Standard of Exposure of Chemical Hazardous to Health) Regulations 2000 and OSH (Classification, Labeling And Safety Data Sheet Of Hazardous Chemicals) Regulations 2013.

24.2

As a general principle, all hazardous materials stored shall be kept in a well ventilated, dry, cool and tidy area. Hazardous materials of different categories are to be stored separately namely for combustible, flammable, toxic and explosive substances. All stores shall be locked at all times to prevent unauthorised entry.

24.3

All hazardous materials shall be properly labeled as required by OSH (Classification, Labeling and Safety Date Sheet of Hazardous Chemicals) Regulations 2013. When the hazardous material is transferred to another container other than that in which it was originally supplied, the container must be relabeled in accordance with regulation 21 of OSH (Use and Standard of Exposure of Chemical Hazardous to Health) Regulations 2000.

24.4

All hazardous materials shall be properly contained and packaged inclusive of relevant documentation before it is being transported as per requirements in Part III of Occupational Safety and Health (Classification, Labeling and Safety Data Sheet of Hazardous Chemicals) Regulations 2013.
Appropriate fire-fighting equipment and PPE shall be kept in the vehicles carrying hazardous materials for emergency purpose. Workers who attend to the vehicles must be fully aware of the potential hazards of the conveyed goods.

24.5

All workers handling or supervising any hazardous materials shall have sound knowledge of the potential hazards and the appropriate actions to take in case of an emergency. The wearing of PPE is essential for any lose contact with hazardous materials.
Hazardous materials shall never be mixed with other materials (either hazardous or inert) without a complete knowledge of possible reactions between the two. Any query about the handling of hazardous materials shall be directed to the TNBHSE Department.

24.6 Emergency

All personnel involved in the handling, transport, storage or use of hazardous materials shall familiarise themselves with emergency procedures (e.g. fire/explosion, accident, spillage and leakage). Written emergency response procedures shall be made available and regularly practiced.

24.7 Disposal

TNB Schedule Waste Handler shall be contacted for advice on methods for bulk disposal of hazardous materials. Special approval from local Authorities are normally required.
Disposal of schedule waste shall be in accordance with Environment Quality (Schedule Waste) Regulations 2005 and domestic waste shall be disposed of dumping ground approved by local authority.

24.8 Information, Instruction and Training

All hazardous materials used or stored by the contractor on site shall be accompanied with the Safety Data Sheets (SDS) with proper labeling.
The contractor who undertakes work, which may expose or is likely to expose his personnel to materials hazardous to health, shall provide them with such information, instruction and training as may be necessary to enable them to know:

  1. The health risk created by such exposures; and
  2. The precautions to be taken.
All training programmes shall be documented and kept for inspections.

24.9 Safety Data Sheet (SDS)

  1. TNB representatives shall be informed of all chemicals used and relevant SDS must be provided by the contractor as required under Part V of Occupational Safety and Health (Classification, Labeling and Safety Data Sheet of Hazardous Chemicals) Regulations 2013. Chemicals which contain Ozone Depleting Substances shall not be used without prior approval from TNB.
  2. SDS shall be obtained from the supplier, a copy submitted to TNB representatives and the hazardous materials shall not be used until such information is obtained. The SDS shall be kept in a conspicuous place close to each location where the hazardous material is used, shall be prominently displayed and easily accessible to the personnel as required by Regulation 25 of OSH (Use and Standard of Exposure of Chemical Hazardous to Health) Regulations 2000

24.10 Personal Protective Equipment

The contractor shall take reasonable precautions to ensure that all hazardous materials are handled according to OSH (Use and Standard of Exposure of Chemical Hazardous to Health) Regulations 2000 and OSH (Classification, Labeling And Safety Data Sheet Of Hazardous Chemicals) Regulations 2013.

24.11 Handling Of Isotopes and Radiographic Equipment

  1. The contractor shall comply with the Government of Malaysia Atomic Energy Licensing Act 1984 [Act 304]. Only certified personnel holding valid competency certificate (RPO) issued by Lembaga Perlesenan Tenaga Atom (LPTA) Malaysia are allowed to handle radiographic isotopes and operate equipment for radiography work.
  2. Only specialised contractors are allowed to undertake Non-Destructive Testing (NDT) work involving radiography and handling of radioactive isotope.

25.0 ENVIRONMENTAL OBLIGATION

The contractor shall take reasonable action to ensure that all works done and services provided conform to TNB Environmental Policy and the Environmental Quality Act 1974 with regard but not limited to the following

25.1 Disposal and Spillage

  1. The contractor must inform TNB before disposing any chemical, oil or hazardous materials. Able to carry out all clean-up works in the case of any oil or chemical spillage. Special methods and approval from the Local Authorities are normally required as well as compliance to Rules and Regulation set by the Government of Malaysia.
  2. Disposal of waste or oil down the drains or into waterways is illegal and strictly prohibited.

25.3 Removal of Trees and Ground Vegetation

  1. During the course of work, the contractor shall not remove or damage any tree or vegetation in the surrounding areas without prior approval from TNB or any relevant local authorities. If the work involved requires the removal of ground cover, the contractor shall ensure that all steps are taken to minimise or eliminate soil erosion. Slopes with exposed soil that are susceptible to erosion must be covered with plastic sheets.
  2. Provisions shall be taken to ensure that any sediment washed away from exposed areas does not enter the station's drains.

25.3 Activities Which Emit Dust Particles

  1. Creation of dust shall be avoided and where there is the possibility of creating dust, appropriate control measures shall be taken, such as:
    1. Ensure that the tyres of all vehicles leaving or entering the site are cleaned from any soil by providing appropriate facilities
    2. Wet the dusty roads to prevent dust from becoming airborne due to passing vehicles

25.4 Noise

  1. If work undertaken involves the emission of high noise levels, the contractor shall get prior approval from the relevant authorities as to the time and duration that the work can be carried out. TNB will issue its consent prior to commencement of work.
  2. Noise level measured at the working boundary shall not continuously exceed 65 dB(A) during the day and 55 dB(A) at night.

25.5 Open Burning

Open burning is strictly prohibited at all times.

26.0 WASTE AND SCRAP MANAGEMENT

  1. Scraps refer to machine, part of machines, equipment, piping, cables etc., disassembled or demolished parts which are not to be reassembled or reinstalled.
  2. TNB will allocate suitable area for storage of scraps and waste materials. The contractor shall be responsible for the removal, proper storage and security of all scraps and waste materials resulting from their works.
  3. All accumulated waste materials resulting from the works shall be disposed regularly. At no time shall any waste material be disposed by way of burning. Any oil or other harmful waste shall not be allowed to be discharged into the drain.
  4. Upon completion of work, the site is to be left clean and tidy to the satisfaction of TNB representative. The Contractor is responsible for removing all the accumulated debris from his worksite to the dumping ground approved by the Local Authorities.
  5. The contractor shall seek approval from DOE and shall provide evidence to TNB when disposing the scheduled waste. All scheduled waste shall be disposed off by licensed contractors only.

27.0 HSE DOCUMENT AND REPORT

Contractors shall retain their own HSE record for their employees and equipment. A copy of such a document and record shall be kept and subjected to inspect by TNB representative from time to time.

    The HSE document and record shall include but not limited to the following:
  1. Safety Policy
  2. Safety Organisation Chart
  3. Job Description of key personnel
  4. Accident reporting procedure and record
  5. Chemical Safety Data Sheet (CSDS)
  6. Emergency Response Plan (e.g. Fire, Tower Collapse, Landslide etc)
  7. Hazard Identification, Risk Assessment and Risk Control (HIRAC)
  8. Safe Work Procedure (SWP) or Method of Statement of all activities
  9. Job Hazard Analysis (JHA) or Job Safety Analysis (JSA) for all activities
  10. Registration certificates (DOSH, CIDB, EC, NIOSH) for relevant equipment
  11. CIDB Registration for Construction workers
  12. Employees criminal screening or work permits
  13. OSH programme and activities (safety awareness, toolbox talk, training, inspection, auditing etc.)
  14. OSH Performance Measurement
  15. PPE issuance and inspection record
  16. Tool box talk
  17. Scheduled waste record
  18. Employee Health record
  19. Domestic waste disposal record
  20. Training record
  21. Certificate, approval and permit
  22. Other records as required from time to time

28.0 ENFORCEMENT

  1. The contractor shall comply at all times the HSE Guidelines for Contractors issued herein. TNB will take serious action, leading to dismissal from the work and ask to leave site if anyone is found violating the guidelines on wearing PPE or violating any safety instructions imposed by TNB representative at the worksites.
  2. TNB shall issue Improvement Notices or Stop Work Order to the Contractor if any rule and regulation set by TNB and the Government of Malaysia is violated.
  3. Failure to adhere to the stipulated guidelines, the contractor will be compounded according to the amount that will be determined by TNB. The compound will be de price and is non-negotiable.

Contractor Management Plan (CMP)

Initial Risk Assessment

To ALL potential vendors: An initial risk assessment is the first step in evaluating potential risks associated with a project, activity, process, or environment. It identifies hazards, evaluates their likelihood and severity, and helps determine which risks need mitigation and control.

Timeline and Context:

Initial Risk Assessment: Conducted at the beginning of a process (RFQ/tender clarifications), project execution and/or HSE initiatives. It serves as a preliminary evaluation to identify potential risks. Focuses on gathering basic information about potential hazards, threats, and challenges. Vendors must be familiarised with such requirements as part of contractual requirements. Scope: Initial Risk Assessment: Focuses on identifying broad, high-level risks that could affect the project or process. Typically addresses risks such as regulatory concerns, major operational risks, or other broad issues without delving deeply into specifics. It aims to provide a basic understanding of what might go wrong. Risk Assessment (or Ongoing Risk Assessment): Conducted throughout the entire lifecycle of a project or process. Involves a deeper, more thorough analysis after the initial risk assessment, incorporating more data and insights gained during the project's progression. Includes monitoring and reassessing identified risks and adjusting mitigation strategies as necessary