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Managing EHS
compliance
Globally
June 2014
AGENDA
1. Adopting an EHS global system
2. Main stakes
3. Condition for success
4. Organizational models
5. Expected Return On Investment
A GOBAL
EHS SYSTEM
_
Why?
MITIGATE
Risks
SAVE
Money
CORPORATE
Image
ANTICIPATE
Future changes
CORPORATE
≠
LOCAL
C O R P O R A T E
G l o b a l v i s i b i l i t y
L O C A L
C o m p l y w i t h l o c a l
r e g u l a t i o n
NEEDS
Differ at corporate level vs local level
Exhaustive, Detailed information
Focus on action plans
Avoid hazards
Worldwide overview
Identify main issues
Strategic decisions
MULTI-LOCAL
Vs International
USA
Federal vs State
USA
• Federal hazardous waste rules set requirements based on
the amount of waste generated; less than 100kg per
month = Conditionally Exempt Small Quantity
Generator; between 100kg and 1,000kg = Small
Quantity Generator; greater than 1,000kg per month =
Large Quantity Generator;
• In Kansas, however, a Conditionally Exempt Small
Quantity Generator = less than 25kg per month; so a
facility that generates 50kg per month in Kansas is a
Small Quantity Generator, but a facility that generates
50kg per month in Illinois is a Conditionally Exempt Small
Quantity Generator; this is important because CESQG
have a reduced regulatory burden compared to SQG;
Example 1
USA
• USTs: federal regulations are listed at 40 CFR 280
(and 40 CFR 112 for petroleum products); certain
states are “delegated” the authority to enforce their
own standards so companies in those states just
have to comply with the one set of rules; other
states, such as New Jersey, have yet to receive such
authority so a facility with USTs in New Jersey must
meet both the federal set of rules and the state set
of rules; while they are VERY similar, they do
contain minor reporting and recordkeeping
differences;
Example 2
USA
• California is the only state in the US with an
ergonomic H&S standard; no federal OSHA
requirements;
• California has more stringent Permissible
Exposure Limits (PELs) for certain chemicals;
for example, acetone is a common solvent; CA’s
PEL is 500 parts per million (ppm), while federal
OSHA’s PEL is 1,000 ppm.
Example 3
AUSTRALIA
EHS is regulated almost exclusively by the states and
territories
AUSTRALIA
• Even if there is a trend towards harmonization :
Model work Health and Safety Act &
Commonwealth Work Health and Safety Act
• Not all states already follow federal rules right
now and specificities are numerous
Few details
GERMANY
National Regulations in HS completed by a set of
technical rules
GERMANY
HEALTH AND SAFETY
• General Regulations (federal) are completed by a set of
technical rules : recommendations and suggestions for
the compliance with regulatory requirements. They are
NOT legal rules or standards by nature BUT :
– Specificity of German Statutory Accident
Prevention Regulations: some, through apparently
technical rules, have a dual legal character; UVV or
BGV which are issued by insurers and professional
associations
Few details
GERMANY
ENVIRONMENT
• Central regulations at National level but enforcement is
done at Federal as well as Länder level.
Few details
CHINA
TUNISIA
Need local experts
to access information
(not all publications
are published online
by governments)
CHINA
• China is a centralized political system,
• However, the principal regulations are not necessarily
be found at the national level (as in France, as opposed
to federal system such as the US),
• Other important regulations can be found at regional
and municipal level, NOT ONLY regarding
environmental questions BUT ALSO in the field of HS.
• This especially concerns industrially developed areas like
Beijing, Shanghai and Guangdong.
Few details
FRANCE
ICPE
FRANCE
• A particularity of the French legal system is that
if you have an installation or site which is
classified as “ICPE” (installation classée pour
l’environnement), a special set of rules that
applies (e.g. Chapter V of the French
Environmental Code] .
Few details
FRANCE
Regulation hierarchy
1. Constitution / International and EU treaty;
2. Directives & Community regulations;
3. Ordinance, Law, decree
4. Circular, norms, internal rules, etc.
Few details
BRAZIL
Some of the strictest environmental legislation in the world
CONDITIONS
FOR
SUCCESS
LOCAL EXPERTS
LOCAL EXPERTS
• No language barrier
• EHS regulatory framework knowledge
• Access to local information
To be hired
PROJECT MANAGEMENT
• Share objectives between sites and corporate
• Define Human, Money and Technology Resources
• Adaptation of the project according to company
structure
– Multi sites / Multi activities
– Industrials vs Facilities management / Building
• Adopt a standardized structure / information type /
reporting to be shared between Corporate and Sites
– Audit protocol in English
• Project animation
Conditions for success
ORGANISATIONAL
MODELS
IMPLEMENTATION
• Centralized structure
– HQ controls EHS
• Flexible approach
– Strong rules & standards at corporate level, authority at local level
• Regional structure
– Delegation of authority at local level
Different structures
IMPLEMENTATION
• EHS legal register definition
– Sites pilots
– Process of Rollout
• Legal watch
– Frequency
– Format of information
• Compliance assessment
– Existing data
– Assistance
• Action plan implementation
Internal resources vs outsourcing
IMPLEMENTATION
• EHS legal register definition
• Legal watch
• Compliance assessment
• Action plan implementation
Internal resources vs outsourcing
I N T E R N A L OUTSOURCED
TREND
• Secure regulatory processes
• Save costs
• Save time, focus on action
• Speed up roll out
Towards outsourcing the international
regulatory expertise
ROI
CULTURE OF COMPLIANCE
• Reduce risks globally
• Optimize costs linked to risk management
• Save time
• Benchmark countries and implement strategy
accordingly
Why reinforcing culture of compliance globally
is important?
In a few words
June 2014
RED ON LINE
Partner to provide HSE Solutions, Worldwide
CONSULTING
CONTENT SOFTWARE
EHS Legal
Monitoring and
Compliance
Solution
RED ON LINE
Partner to provide HSE Solutions, Worldwide
45
9Countries already
covered
9 offices in
4 continents
“AAA partner”
TRC Corporation Listed
Company NYSE
UTAS
Malaysia
OIL RIGS
Nigeria
ARIANE
Kourou
METHODOLOGY
For a 100% personalized service
1. EHS
Legal Register production
Site visit to identify
EHS impacts
Questionnaires and
Interviews
Integration of specific
documents
Personalized legal register
production – Software set up
2. EHS
Legal Monitoring
Weekly * news alerts
Quarterly* update of
the Regulatory Registe
Regulatory Assistance
3. EHS
Compliance Assessment
Site audits
Audits reports
Compliance status
recorded in the software
Action plan can be initiated
by the site or co-initiated
with our engineers
Cross countries & cross site
reporting is available
* Frequency may be different in some countries
« not only a software »
RED ON LINE
What’s next
1. Site visit questionnaire document query
2. Legal Register available after 3 weeks
3. Transfer of Existing Compliance status in HSE-Compliance
4. Training
5. EHS Legal Monitoring
RED ON LINE
100% of our clients succeed
THANK YOU
Offered by Red-on-line :
• Choose your country factsheets
• Ask us 3 legal questions
services

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Red on line at Safety & Health Expo (SHE) Conference in London

  • 2. AGENDA 1. Adopting an EHS global system 2. Main stakes 3. Condition for success 4. Organizational models 5. Expected Return On Investment
  • 7.
  • 10. C O R P O R A T E G l o b a l v i s i b i l i t y L O C A L C o m p l y w i t h l o c a l r e g u l a t i o n NEEDS Differ at corporate level vs local level Exhaustive, Detailed information Focus on action plans Avoid hazards Worldwide overview Identify main issues Strategic decisions
  • 13. USA • Federal hazardous waste rules set requirements based on the amount of waste generated; less than 100kg per month = Conditionally Exempt Small Quantity Generator; between 100kg and 1,000kg = Small Quantity Generator; greater than 1,000kg per month = Large Quantity Generator; • In Kansas, however, a Conditionally Exempt Small Quantity Generator = less than 25kg per month; so a facility that generates 50kg per month in Kansas is a Small Quantity Generator, but a facility that generates 50kg per month in Illinois is a Conditionally Exempt Small Quantity Generator; this is important because CESQG have a reduced regulatory burden compared to SQG; Example 1
  • 14. USA • USTs: federal regulations are listed at 40 CFR 280 (and 40 CFR 112 for petroleum products); certain states are “delegated” the authority to enforce their own standards so companies in those states just have to comply with the one set of rules; other states, such as New Jersey, have yet to receive such authority so a facility with USTs in New Jersey must meet both the federal set of rules and the state set of rules; while they are VERY similar, they do contain minor reporting and recordkeeping differences; Example 2
  • 15. USA • California is the only state in the US with an ergonomic H&S standard; no federal OSHA requirements; • California has more stringent Permissible Exposure Limits (PELs) for certain chemicals; for example, acetone is a common solvent; CA’s PEL is 500 parts per million (ppm), while federal OSHA’s PEL is 1,000 ppm. Example 3
  • 16. AUSTRALIA EHS is regulated almost exclusively by the states and territories
  • 17. AUSTRALIA • Even if there is a trend towards harmonization : Model work Health and Safety Act & Commonwealth Work Health and Safety Act • Not all states already follow federal rules right now and specificities are numerous Few details
  • 18. GERMANY National Regulations in HS completed by a set of technical rules
  • 19. GERMANY HEALTH AND SAFETY • General Regulations (federal) are completed by a set of technical rules : recommendations and suggestions for the compliance with regulatory requirements. They are NOT legal rules or standards by nature BUT : – Specificity of German Statutory Accident Prevention Regulations: some, through apparently technical rules, have a dual legal character; UVV or BGV which are issued by insurers and professional associations Few details
  • 20. GERMANY ENVIRONMENT • Central regulations at National level but enforcement is done at Federal as well as Länder level. Few details
  • 21. CHINA TUNISIA Need local experts to access information (not all publications are published online by governments)
  • 22. CHINA • China is a centralized political system, • However, the principal regulations are not necessarily be found at the national level (as in France, as opposed to federal system such as the US), • Other important regulations can be found at regional and municipal level, NOT ONLY regarding environmental questions BUT ALSO in the field of HS. • This especially concerns industrially developed areas like Beijing, Shanghai and Guangdong. Few details
  • 24. FRANCE • A particularity of the French legal system is that if you have an installation or site which is classified as “ICPE” (installation classée pour l’environnement), a special set of rules that applies (e.g. Chapter V of the French Environmental Code] . Few details
  • 25. FRANCE Regulation hierarchy 1. Constitution / International and EU treaty; 2. Directives & Community regulations; 3. Ordinance, Law, decree 4. Circular, norms, internal rules, etc. Few details
  • 26. BRAZIL Some of the strictest environmental legislation in the world
  • 29. LOCAL EXPERTS • No language barrier • EHS regulatory framework knowledge • Access to local information To be hired
  • 30.
  • 31. PROJECT MANAGEMENT • Share objectives between sites and corporate • Define Human, Money and Technology Resources • Adaptation of the project according to company structure – Multi sites / Multi activities – Industrials vs Facilities management / Building • Adopt a standardized structure / information type / reporting to be shared between Corporate and Sites – Audit protocol in English • Project animation Conditions for success
  • 33. IMPLEMENTATION • Centralized structure – HQ controls EHS • Flexible approach – Strong rules & standards at corporate level, authority at local level • Regional structure – Delegation of authority at local level Different structures
  • 34. IMPLEMENTATION • EHS legal register definition – Sites pilots – Process of Rollout • Legal watch – Frequency – Format of information • Compliance assessment – Existing data – Assistance • Action plan implementation Internal resources vs outsourcing
  • 35. IMPLEMENTATION • EHS legal register definition • Legal watch • Compliance assessment • Action plan implementation Internal resources vs outsourcing I N T E R N A L OUTSOURCED
  • 36. TREND • Secure regulatory processes • Save costs • Save time, focus on action • Speed up roll out Towards outsourcing the international regulatory expertise
  • 37. ROI
  • 38. CULTURE OF COMPLIANCE • Reduce risks globally • Optimize costs linked to risk management • Save time • Benchmark countries and implement strategy accordingly Why reinforcing culture of compliance globally is important?
  • 39.
  • 40. In a few words June 2014
  • 41. RED ON LINE Partner to provide HSE Solutions, Worldwide CONSULTING CONTENT SOFTWARE EHS Legal Monitoring and Compliance Solution
  • 42. RED ON LINE Partner to provide HSE Solutions, Worldwide 45 9Countries already covered 9 offices in 4 continents “AAA partner” TRC Corporation Listed Company NYSE
  • 46. METHODOLOGY For a 100% personalized service 1. EHS Legal Register production Site visit to identify EHS impacts Questionnaires and Interviews Integration of specific documents Personalized legal register production – Software set up 2. EHS Legal Monitoring Weekly * news alerts Quarterly* update of the Regulatory Registe Regulatory Assistance 3. EHS Compliance Assessment Site audits Audits reports Compliance status recorded in the software Action plan can be initiated by the site or co-initiated with our engineers Cross countries & cross site reporting is available * Frequency may be different in some countries
  • 47. « not only a software »
  • 48. RED ON LINE What’s next 1. Site visit questionnaire document query 2. Legal Register available after 3 weeks 3. Transfer of Existing Compliance status in HSE-Compliance 4. Training 5. EHS Legal Monitoring
  • 49. RED ON LINE 100% of our clients succeed
  • 50. THANK YOU Offered by Red-on-line : • Choose your country factsheets • Ask us 3 legal questions services