International trends in EHS regulation - …c466952.workcast.net/10111_Intl_trends_Webinar_Presentation... · •Presentation: –Tjeerd Hendel-Blackford “International trends in

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.


International trends in EHS regulation

and how companies manage compliance

in different ways

March 2011


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


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.


Geographic Scope of Study


Thematic Scope of Study

A logical framework

of over 250 themes allows a

consistent comparison

worldwide

Harmonised scope


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


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


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


Overview


Chemicals

Climate change

Products

Corporate Responsibility

Client Case Studies


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


• 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


http://www.rehcc.com/images/toxic chemicals.gif

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


Overview


Chemicals

Climate change

Products


Client Case Studies


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.


http://en.wikipedia.org/wiki/File:COP16_Logo.jpg

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


Climate change policies will impact most

businesses

• Voluntary action

• Industry agreements

• Mandatory energy efficiency standards and audits

• Carbon taxes and emissions trading

Voluntary

Mandatory


Overview


Chemicals

Climate change

Products


Client Case Studies


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


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


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.


Overview


Chemicals

Climate change

Products


Client Case Studies


Live Poll...

Do you see the international compliance

aspect of your role increasing over the

next few years?

Yes

No

Don’t know


• 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


http://installationsclassees.ecologie.gouv.fr/rechercheICForm.php

EHS Performance more public than ever

European Pollution Release and Transfer Registerhttp://prtr.ec.europa.eu/


http://prtr.ec.europa.eu/

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:


Overview


Chemicals

Climate change

Products


Client Case Studies



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


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.


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.


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


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.


Any questions?

Thank you for listening

Question & Answer

session


Visit www.enhesa.com for further

information or subscribe for free to

the Enhesa Flash newsletter

Contact Enhesa Experts at:

[email protected]

Documents

International trends in EHS regulation - …c466952.workcast.net/10111_Intl_trends_Webinar_Presentation... · •Presentation: –Tjeerd Hendel-Blackford “International trends in