Environment, health and safety (EHS) legislative and regulatory requirements across the U.S. are constantly shifting and evolving. But with an enormous amount of laws, regulations and rulemakings in progress at any given time, it's hard to separate the wheat from the chaff and determine which will have the greatest, most immediate impact on business. Here are the top 7 rules you need to know right now!
1. EHS Regulatory Outlook:
7 Business-Critical Rules
You Need to Know
Paul Leavoy
Regulatory Affairs Specialist
Intelex Technologies Inc.
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unless otherwise specified.
2. EHS Regulatory Outlook
• Primarily U.S.
• Still relevant to all
markets
• ALL industries, ALL
regions
3. EHS Regulatory Landscape
• Election delayed regs
• “we can expect a flurry
of activity”
• Emboldened 2nd Term
• Dr. David Michaels
• Gina McCarthy
• Stay the course, more
aggressively
4. 7. Injury and Illness Reporting Requirements
• New reporting requirements
• Moving from NAICS to SIC
• Possible MSD
• More incidents directly reported to OSHA
5. 6. Safety Incentive Programs
• Concern over programs
• Prizes, rewards, cash, parties for safety
performance
• Underreporting; compromised safety
• Employer Safety Incentive and Disincentive
Policies and Practices
• Enforcement
o commitments by the company to revise its corporatewide incentive program
to eliminate incentive payments based on the number of reported or recorded
injuries and illnesses
• Reward for sound safety practices
6. 5. Environment
• Slow moving
• Power plants and refineries
• No legislation required
• 2007 Supreme Court Decision
• Must regulate GHGs
7. 4. Affordable Care Act
• Biggest expansion of
healthcare since
Medicare/Medicaid
• Increases rate of
coverage and
reduces costs of
health care
• What does it mean
for you?
8. 4. Affordable Care Act
• Penalty for employers with >50 employees
who don’t give health insurance
o Two years of tax credits to small businesses.
o Credits reduced per additional employee.
• Large, little impact
o Plans in place
• Small, little impact
o Government grants and support
• Medium, greatest impact
o Little Government Support
o Need to implement programs
9. 3. Hazard Communication Standard
• Minimizing exposure to
chemicals
• Aligning with global
standard
o Globally Harmonized System of
Classification and labeling of Chemicals
(GHS)
• Easier for workers to
understand
• Facilitate trade
10. 3. Hazard Communication Standard
• Hazard classification
o Criteria for classification of hazards and classification of mixtures.
• Labels
o Chemical orgs to provide labels with harmonized word, pictogram,
hazard statement for each hazard class and category.
• Safety Data Sheets:
o No longer MSDS. 16-section format.
• Information and training
o Employers have to train workers by December 1, 2013 on new
labels and safety data sheets.
11. 2. Whistleblower Rules
• Key mandate of OSHA
• Three new standards
• Enforcement blitz, budget
• Don’t penalize
• Culture of openness
12. 1. I2P2
• Injury and Illness
Protection Program
• Minimize fatalities,
save money
• All businesses will
require a formal SMS
o Proactive, Preventive
o Track incidents, near misses,
corrective actions, at-risk
behaviours
Plan
Do
Check
Act
13. 1. I2P2
• It will be modeled
after specific
standard or existing
legislation
• Won’t reinvent the
wheel…probably
• OSHAS 18001, ISO
14001, ANSI Z10
• “The likely suspect”
• California IIPP
14. Review
Requirement Action When
I2P2 Implement a safety management system 2013/2014
Whistleblower Take whistleblowers seriously and never retaliate.
Document and record whistleblower cases.
Treat them as preventive opportunities.
Ongoing
HCS Train employees on the new label elements and safety
data sheet (SDS) format.
Dec 2013
ACA Prepare for expanded coverage Dec. 1 2013
GHG Plants and Refineries prepare for emissions standards 2013/2014
Incentives Scale back or remodel incentive programs Q2/3 2013
Recordkeeping Revise system to meet new recordkeeping requirements Q2-4 2013
15. About Us
• EHS and Quality software
systems to manage
Performance, Risk and
Compliance
• Over 700 clients
• 600,000 system users