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International trends in EHS regulation
and how companies manage compliance
in different ways
March 2011
Tjeerd Hendel-Blackford
Project Manager, Business Development
Enhesa
Heather BeachBusiness Development Manager
Barbour Environment, Health & Safety
• Responsible for Barbour’s
products and services
including our webinar series
and consulting services
• Involved in health and safety
information and service
provision for 20 years
Heather Beach
Business Development Manager
Barbour Environment, Health & Safety
Housekeeping
• Online presentation
• Sound quality sometimes better on the phone
rather than computer sound card and speakers
• Ask your questions at any time over the chat box
• For technical issues –
report them in the chat box
or call 01344 899 257
Agenda for today’s webinar
• Introduction - Heather Beach
• Presentation: – Tjeerd Hendel-Blackford
“International trends in EHS regulation & how
companies manage compliance in different ways”
• Enhesa Services – Tjeerd Hendel-Blackford
• Questions and Answers
Introduction - Barbour Information Services
– Guides to doing business in 6 countries
– Access to 36 international
publisher’s including American
Industrial Hygiene Association,
WHO, European Food Safety
Authority
– Access to documents in languages
other than English (15 languages)
International information within the Barbour service
Today’s webinar
• Current recent international trends in EHS laws and
policies; looking at how companies are going about
managing compliance with different budgets and
approaches.
• The webinar draws on the outcomes of Enhesa’s 2010
regulatory trends forecast and a study of how
companies seek to ensure regulatory compliance.
• Tjeerd is a multilingual EHS policy,
regulatory and management
consultant with ENHESA
• More than 10 years of experience in
tracking and analysing environmental,
health and safety legislation, and the
regulatory aspects of environmental
management systems for
multinational companies with
operations all over the world.
Tjeerd Hendel-Blackford
International trends in EHS regulation
and how companies manage compliance
in different ways
March 2011
Tjeerd Hendel-Blackford
Project Manager, Business Development
Enhesa
Enhesa – leaders in EHS compliance assurance
• Headquartered in Brussels and Washington, DC
Founded in 1989
• A network of 300 consultants worldwide
Core team of over 60 EHS regulatory experts
Coverage of more than 150 countries & regions
• Verification services: Audit Protocols, Scorecards, Audits
• Information Services: Country Profiles, Regulatory Monitoring,Regulatory Registers
• Consulting Services: Helpline, Product Stewardship, Management Systems, Strategic Management Support
Key services include
© Enhesa 2011 3 March 2011
Forecast methodology
Chemicals
Climate change
Products
Corporate responsibility
Client Case Studies
International trends in EHS regulation and how
companies manage compliance in different ways
© Enhesa 2011 3rd Mar 2011
Forecast methodology
Regulatory review
Analyse regulatory trends identified by the Enhesa
Regulatory Monitoring Service.
Oct – Dec 2010
Surveys Analyse business concerns about new regulatory trends.
Nov 2010
AnalysisDistil the top trends for 2011
that will keep most of you busy Dec 2010
• The forecasting methodology has been used and refined by Enhesa over the past 15 years.
• It is also used by Enhesa on assignments to help clients focus their resources on the main
issues.
© Enhesa 2011 3rd Mar 2011
Thematic Scope of Study
A logical framework
of over 250 themes allows a
consistent comparison
worldwide
Harmonised scope
© Enhesa 2011 3rd Mar 2011
Regulatory Pressure
• During 2010, Enhesa kept track of
EHS regulatory and policy
developments in 90 countries and 68
regional jurisdictions.
• In 2010, Enhesa identified just under
11,000 developments relevant to
business.
• An 18% increase compared to 2009,
50% more than in 2008 and 72% more
than in 2007.
• Brazil, Russia, India and China are
amongst the countries undergoing
most regulatory changes.0
2,000
4,000
6,000
8,000
10,000
12,000
2006 2007 2008 2009 2010
Africa
Global
Asia-Pacific
America
Europe
© Enhesa 2011 3rd Mar 2011
Future Regulation
• Enhesa counted over 3460 outstanding regulatory proposals and initiatives that are
likely to result in new regulatory obligations for business in the coming years.
• Product requirements, air emissions(incl. energy efficiency), waste & chemicals
management are the areas where most new legislation and policy is being developed
0
100
200
300
400
500
600
700
800
900
Proposals Pending on 1 January 2011
© Enhesa 2011 3rd Mar 2011
Live Poll...
Has your business been impacted by a failure
to comply with a regulatory development that
you were not prepared for?
Yes
No
Don’t know
© Enhesa 2011 3rd Mar 2011
Overview
Forecast methodology
Chemicals
Climate change
Products
Corporate Responsibility
Client Case Studies
© Enhesa 2011 3rd Mar 2011
1. The European REACH, the US EPA Chemical Management Program, and similar smaller initiatives in Asia are triggering massive chemical testing.
2. The Globally Harmonised System will facilitate communication and comparison of chemical risk data between all global players.
3. The 2006 United Nations Strategic Approach to International Chemicals Management encouraging the spread of chemical regulations in developing countries.
Three major developments
© Enhesa 2011 3rd Mar 2011
• Chemical testing is likely to trigger
many more restrictions in the coming
years.
– EU Substances of Very High Concern
– The Danish Government list of 1404
unwanted substances gives an
indication of what to expect in the near
future.
• Nanoparticles and suspected endocrine
disrupting chemicals are two new
issues of concern that add on to this.
Chemical restrictions
© Enhesa 2011 3rd Mar 2011
GHS will require:– Reclassification of chemical substances and mixtures
– Re-labelling of all dangerous chemicals on site
– Harmonised (material) safety data sheets
– Re-assessment and adaptation of facility chemical inventories
– Training of the workers on the new classification and pictograms
Testing will be required from:– Chemical producers and importers
– EU scheme also impacts down-stream users
Test results will trigger rapid changes in chemical classifications
and many more chemical restrictionsThis may impact:
– permit conditions (if you have any of these substances present)
– major hazard facility classification and permitting
This may trigger the need for re-assessment of:
– production processes,
– worker exposure
– pollutant releases
– product design
Chemical regulations and you
© Enhesa 2011 3rd Mar 2011
Overview
Forecast methodology
Chemicals
Climate change
Products
Corporate Responsibility
Client Case Studies
© Enhesa 2011 3rd Mar 2011
The Cancun Agreement – not legally binding
• Kyoto Protocol expires in 2012.
• Cancun reached agreement, but not binding.
• Renewed impetus following Copenhagen.
• Working towards global goal for reducing GHG emissions
by 2050 and a timeframe.
• Establishment of a Green Climate Fund to help developing countries mitigate and adapt to climate change.
• New international mechanism to help accelerate deployment of low-emission technologies worldwide.
© Enhesa 2011 3rd Mar 2011
Impacts of climate change agreement for
businesses? C
ou
ntr
ies w
ith
ma
nd
ato
ry ta
rge
ts u
nd
er
Kyo
to P
roto
co
lN
o c
urr
en
t ta
rge
t Brazil
China
India
• Businesses will need to adapt business models to suit a global
low-carbon economy.
• Businesses will face emissions reporting requirements (if they
don’t already).
• Businesses that are large emitters will face obligations to
reduce emissions:
• Carbon Reduction Commitment – First in the world
• Continued focus on energy efficiency. Energy efficiency is a
“no regrets” option for all businesses.
• Growing public pressure for carbon labelling and low-carbon or
carbon neutral products and services.
• Growing focus on energy efficiency and technological improvement.
• Products exported to developed countries will need to meet energy efficiency standards.
• Opportunities to participate in emissions reduction projects through Clean Development Mechanism.
EU
Russia
Japan
UK
Australia
US
© Enhesa 2011 3rd Mar 2011
Climate change policies will impact most
businesses
• Voluntary action
• Industry agreements
• Mandatory energy efficiency standards and audits
• Carbon taxes and emissions trading
Voluntary
Mandatory
© Enhesa 2011 3rd Mar 2011
Overview
Forecast methodology
Chemicals
Climate change
Products
Corporate Responsibility
Client Case Studies
© Enhesa 2011 3rd Mar 2011
Product Regulations Boom
Rapid increase in number of product-related regulations adopted each year,
around the world.
0
100
200
300
400
500
600
700
800
900
2004 2005 2006 2007 2008 2009 2010
Product Regulations Boom
© Enhesa 2011 3rd Mar 2011
How are products regulated?
Product regulations are usually focussed on:• Restrictions on use of chemicals (RoHS-like)
• Safety design requirements
• Energy-efficiency requirements (EuP, Energy Star)
• Restrictions on emissions during product use
• End-of-life/disposal requirements
They often involve market instruments:• Taxes or charges
• Labelling requirements
• Liability for unsafe products
They tend to spread worldwide in many variations:• Often imposed through the supply chain by customers
• Enforced by consumer action groups
© Enhesa 2011 3rd Mar 2011
2010 Regulatory Developments
- EU Machinery Directive- Revised Machinery Directive 2006/42/EC commenced 29 December 2009.
- Applicable to new categories of products (e.g. hoists, portable cartridge-operated
devices).
- EU Directive on Restriction of Hazardous Substances (RoHS) - Likely to be extended to medical devices, monitoring and control instruments but
also to all types of EEE including cables, consumables, and accessories.
- EN Standards- European Standardization Bodies CEN-CENELEC and ETSI issued harmonized
standards for mobile phone chargers in December 2010
- Brazil- New version of Regulatory Norm 12 (NR-12) Machinery and Equipment.
- Taiwan- Taiwan is the first government to promote carbon footprint labels on products.
© Enhesa 2011 3rd Mar 2011
Overview
Forecast methodology
Chemicals
Climate change
Products
Corporate Responsibility
Client Case Studies
© Enhesa 2011 3rd Mar 2011
Live Poll...
Do you see the international compliance
aspect of your role increasing over the
next few years?
Yes
No
Don’t know
© Enhesa 2011 3rd Mar 2011
• Corporate responsibility legislation (UK, France, Peru...)
• Operating permits accessible to the public: Mexico, UK, France
http://installationsclassees.ecologie.gouv.fr/rechercheICForm.php
• Regular and Increased highlighting of health and safety enforcement cases
(Singapore, US, UK, Ireland)
• British Standards Institution (BSI) launched BS ISO 26000 in November
2010. This new standard contains international guidelines for corporate
social responsibility and top level information on health and safety
• Increasing role of NGOs: work in collaboration with big corporations to
achieve local sustainable resource exploitation, environmental product
issues
Increased Boardroom Pressure to Perform
EHS Performance more public than ever
© Enhesa 2011 3rd Mar 2011
EHS Performance more public than ever
European Pollution Release and Transfer Registerhttp://prtr.ec.europa.eu/
© Enhesa 2011 3rd Mar 2011
Sustainability reporting becoming a legal requirement
Who? What?
EU Large European listed companies Environmental and employee information
UKAll large companies and publicly listed
companiesEnvironmental and employee information
FranceCompanies listed on the French stock
exchange
All sites (French and global): Environmental
and health and safety information
Denmark
1100 biggest companies in Denmark,
listed companies, state-owned companies
and institutional investors
Information on human rights, social,
environmental and climate conditions,
corruption, company policies and
performance
China
Foreign investment companies – This
requirement is currently in a
demonstration phase
Data on environment protection measures
Some examples:
© Enhesa 2011 3rd Mar 2011
Overview
Forecast methodology
Chemicals
Climate change
Products
Corporate Responsibility
Client Case Studies
© Enhesa 2011 3rd Mar 2011
© Enhesa 2011 3rd Mar 2011
Client Case Studies – Enhesa Services
• Monitoring Service
• Enhesa Update
• Helpline
• Consulting Service
• Audit Protocols & ScoreCards
• Audits
• Country Profiles
• Regulatory Registers
Identify and understand applicable
requirements
Assess compliance
Stay up to date as
requirements change
Ongoing consulting
support when needed
© Enhesa 2011 3rd Mar 2011
1. Entering new markets– Company X was looking to launch a new range of non-cosmetic
products
2. Time to verify compliance– Mature EHS management in place, Company Y needed verification
assistance at corporate level
3. Management support– Company Z had little or no international EHS structure following
expansion – needed baseline assessment and ongoing management
support
Enhesa Client Case Studies
Client Case Studies – Company X
• Large global personal care products manufacturer
• Developed new range of perfumed candles and air-
fresheners
• Enhesa:– Obtained all relevant chemical and testing data
– Used data to ascertain applicable regulations in countries of concern
– Reported on packaging, labelling and other marketing requirements
in all countries of concern
– Provide monthly regulatory monitoring on product related issues in a
number of countries.
© Enhesa 2011 3rd Mar 2011
Client Case Studies – Company Y
• Major international bank – Offices in many countries.
• Comprehensive health and safety management structure
in place, including 18001 certification on many sites
• Desire to further enhance structure through verification of
regulatory compliance
• Enhesa:– Provided EHS Regulatory Audit Tool to allow client to conduct audit in
English and Local language against standardised themes
– Provided different levels of training, support or lead auditing
– Enhesa worked with client’s 3 year audit schedule to make sure they
were always auditing against the most up to date requirements.
© Enhesa 2011 3rd Mar 2011
Client Case Studies – Company Z
• US Bio-pharmaceutical company had rapidly expanded
sales offices into European and Asia
• Required benchmarking of EHS management
structures and procedures in place (if any)
• Needed ongoing consulting, training and local support
• Enhesa:– Conducted site assessment visits to identify gaps
– Developed strategic plan to address needs
– Provided UK head office and offices in each country with Enhesa
Country Profiles and Regulatory Monitoring as resource to identify
requirements
– Made return site visits where necessary and conducted annual review
© Enhesa 2011 3rd Mar 2011
Conclusions
• Huge volume of constantly changing regulatory
information
• Action that was voluntary quickly becomes
mandatory.
• Companies must be proactive to prepare for new
regulatory measures.
• Public availability of information emphasises the
need for companies to protect their EHS reputations.
© Enhesa 2011 3rd Mar 2011
Any questions?
Thank you for listening
Question & Answer
session
Tjeerd Hendel-Blackford
Visit www.enhesa.com for further
information or subscribe for free to
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