Using ISO 14001 to Improve Compliance with Environmental Law John Marsden (FIEMA). Presentation for The EMS National Forum 2007 QEII Conference Centre, Westminster, London. Introduction to the Presentation. John Marsden – A Short Introduction Earlier career in pesticide industry
Presentation for The EMS National Forum 2007
QEII Conference Centre, Westminster, London
John Marsden – A Short Introduction
Businesses often find it difficult to comply or demonstrate
compliance with environmental laws – possible reasons
There may be other reasons!
There are many examples of general non-compliance with environmental
law resulting in court cases and fines. Here are a few examples ;-
More examples ;-
4.3.2 Legal and other requirements
The organization shall establish, implement and maintain a procedure(s),
a) to identify and have access to the applicable legal requirements and other requirements to which the organization subscribes related to its environmental aspects, and
b) to determine how these requirements apply to its environmental aspects.
The organization shall ensure that these applicable legal requirements and
other requirements to which the organization subscribes are taken into
account in establishing, implementing and maintaining its environmental
The register is not properly completed in the first place (variety of reasons)Person/s completing the task are not properly trainedThe register is not updated at regular intervalsThe register is not used during the preparation of operating proceduresThe register doesn’t identify the key requirements of the applicable regulationThe register is swamped by superfluous information(eg Salmon and Freshwater Fisheries Act in a Parts Warehouse register)The register does not state WHY and WHERE the regulation applies to the organisation
4.5.2 Evaluation of compliance
188.8.131.52 Consistent with its commitment to compliance, the organization shall establish, implement and maintain a procedure(s) for periodically evaluating compliance with applicable legal requirements.The organization shall keep records of the results of the periodic evaluations. 184.108.40.206 The organization shall evaluate compliance with other requirements to which it subscribes. The organization may wish to combine this evaluation with the evaluation of legal compliance referred to in clause 220.127.116.11 or to establish a separate procedure(s). The organization shall keep records of the results of the periodic evaluations.
Management dont ask for results at M. Review
not detailed enough
Done during audit
Assessor not conversant in laws
With regard to the above element ;-
The organisation should normally be required to notify the Authority of any permit breaches. Failing to notify the authorities will result in a major non-conformity by a competent certification body
If a legal non-compliance is identified, the organisation should document this within the EMS, initiate dialogue with the relevant authorities through it’s communication processes and implement a plan to achieve compliance.
By ignoring this element of ISO 14001 within the EMS, the onus
falls on the certification body to issue a major non-conformance..
and require the organisation improve it’s legal compliance
1. Emission monitoring shall be carried out for ammonia and hydrogen sulphide. The results shall be forwarded to the Regulator within 1 week of the first day of January, April, July and October
2. Visual and olfactory assessments shall be made once a day and according to a procedure during the process operation at the locations marked A, B, C and D on the plan referenced SPC 1/2006
3. The results of the assessments carried out in accordance with Condition 11 shall be recorded in a log book. The entry shall show the name of the person appointed to undertake the assessment, the time and date, wind conditions and an indication of the subjective strength and nature of any odour detected.
4. A clearly designated area shall be provided for the receipt and storage of raw material. Vehicles and containers shall only be emptied in this area and then shall be thoroughly cleaned in a designated cleaning area as soon as possible after completion of the delivery.
5. All drums used for solvent storage shall be kept securely lidded.
6. The process operator shall by 1st April submit to the Head of Environmental Health Services, The District Council details of the organisational structure, numbers of personnel and the appropriate designations within the structure for ensuring compliance with this Authorisation.
7. A comprehensive written cleaning schedule that covers all aspects of the prescribed processes shall be produced and implemented. Details of the schedule shall be maintained at the process site and shall be available for inspection by an authorised officer of the The District Council.
8. All areas involved in storage of liquid materials in bulk containers greater than 205Lts must have secondary containment in the form of concrete walls and floors and be capable of containing 115% of the total maximum volume of the vessel.
9. All complaints made directly to the company must be recorded and actioned. The record shall include the time and date, the nature of the complaint and details of any action taken. The log book shall be kept available in identified files for inspection by an authorised officer of The District Council.
10 The process operator shall provide written evidence by 1st April that a programme has been implemented to ensure staff at all levels have received the necessary formal instruction commensurate with their duties. Copies of records of such instruction shall be maintained and forwarded to the Head of Environmental Health Services, The District Council within 2 weeks of the 1st of April each year.
11. Regular drills should be conducted with regard to minimising and eliminating the effects of significant spills and other identified emergency situations
12. Management shall ensure that systematic checks are carried out to ensure that all the requirements of this permit are being complied with. Any deficiency identified through the examination of records, reports, communications, interviews with staff and operators are corrected within a prescribed timescale.