Topic guide 1.2: Identify and make …

1 1 Unit 1: Ensure compliance with legal, regulatory, ethical and social requirementsHaving looked at the areas for compliance (legal, regulatory, ethical and social) and at methods for compliance monitoring from an environmental perspective in Topic guide , we will now examine how to Identify non-compliance, the possible reasons for non-compliance and how to make recommendations to ensure Topic guide will cover: identifying areas of non-compliance examining reasons for non-compliance making recommendations for corrections to ensure and make recommendations on areas of 1: Ensure compliance with legal, regulatory, ethical and social : Identify and make recommendations on areas of non-compliance 1 Identifying areas of non-complianceBS EN ISO 14004 identifies nonconformity as non-fulfilment of a requirement in relation to the management system or in terms of environmental performance. Nonconformities could be due to either system performance or environmental performance.

2 System performance nonconformities might include a failure to establish the environmental objectives or targets while performance nonconformities might include not achieving operating criteria (for example waste or emissions targets).Environmental Management Systems (EMSs)There are a wide variety of operational tools and systems available to an environmental officer to help him or her monitor and ensure compliance. A structured system which monitors and manages the environmental impacts of an organisation s activities is referred to as an Environmental Management System or EMS. As well as overseeing any environmental impacts, an EMS should also help in the planning, organisation and review of the environmental performance of a company s activities. An EMS does not have to be managed solely by one individual in an organisation; often it will be the joint responsibility of a number of people, including at least one person at senior director level.

3 There is a wide range of assistance and guidance available on management and implementation of an EMS from a variety of external of the environmental regulations looked at in Topic guide require an EMS to be in place in order to gain a permit to carry out activities which may have an environmental effective EMS should: be implemented at a strategic level and integrated into corporate plans and policies, thus indicating senior-level commitment and ensuring senior management understand their role in ensuring the success of an EMS Identify the organisation s impacts on the environment and set clear objectives and targets to improve management of these environmental impacts and the organisation s overall environmental performance be designed to deliver and manage compliance with environmental laws and regulations on an ongoing basis, and will quickly Identify any areas of non-compliance and instigate corrective and preventative action in such cases allow for efficient resource management and provide financial benefits incorporate approved performance benchmarks that demonstrate the above provide for recording and communication in a transparent manner in agencies provide certification of internal EMSs and in turn they are accredited by the relevant International Standards Organization.

4 The BS EN ISO 14000 series is the overarching set of standards for the organisation of an EMS and it is this standard which will be referred to in this Topic guide when setting out advice on meeting the requirements for an termEMS Environmental Management System a structured system which monitors and manages the environmental impacts of an organisation s 1: Ensure compliance with legal, regulatory, ethical and social : Identify and make recommendations on areas of non-complianceThe BS EN ISO 14000 seriesThe BS EN ISO 14000 series is a set of standards covering environmental management for use by companies. Here is a summary of the standards in the series. ISO 14001 the basis of the ISO 14000 series specifies a framework for an EMS against which an organisation can be certified by a third party. ISO 14004 provides guidance on the development and implementation of EMSs. ISO 14010 provides general principles of environmental auditing, ISO 14011 provides specific guidance on auditing an EMS and ISO 14012 provides guidance on qualification criteria for environmental auditors and lead auditors.

5 These have all been superseded by ISO 19011. ISO 14013/5 provides audit programme review and assessment material. ISO 14020 provides guidance for the development and use of environmental labels and declarations. ISO 14030 provides guidance on performance targets and monitoring within an EMS. ISO 14040 covers life cycle 14000 series is based on the plan-do-check-act principle. Further examination on the standards, in particular 14004, will be included later in this Topic study: FirstGroup PLC reducing costsAs a leading public transport operator, FirstGroup PLC responded to the challenge of reducing carbon emissions from travel by implementing ISO 14001 across its different operating units to demonstrate that the company is proactive in identifying environmental aspects and impacts and driving down risks. Today every one of FirstGroup s UK bus companies across its five operating regions and First Group s five train operating companies have been successfully audited and assessed by BSI to the doing so, FirstGroup has benefitted from enhanced operational effectiveness, reduced costs and improved profits.

6 Moreover, ISO 14001 now plays an integral role in ensuring transparency across the organisation and allowing each business unit to link carbon targets to their business plans. As a result of the activity, the company has achieved: 18% reduction in energy consumption across the UK property portfolio in 2012 7% reduction in water usage in 2012 5% increase in waste recycling levels in 2012 leading to a 58% diversion of waste from landfill 3% reduction in CO2 equivalent emissions (per passenger km) since 2010/11 baseline within UK Bus operations fuel efficiency improvements in the UK Bus division due to DriveGreen technology 23% reduction in air emissions from their UK Bus operations since 2008 firms offer independent toolkits and software to help implement an EMS. These may be available for small to medium enterprises (SMEs) or specialist versions may be available for use by specific industries such as engineering and construction.

7 The Environment Agency provides a number of free toolkits for use by SMEs and specialist industries, while the Waste and Resources Action Programme (WRAP) offers lots of detailed advice to many industries, including specialist areas within construction and waste is identified through the systematic implementation of a well-managed and thorough EMS, ideally one which is based on the requirements set out in EN termSME small to medium-sized 1: Ensure compliance with legal, regulatory, ethical and social : Identify and make recommendations on areas of non-complianceThe EMS will include recommendations for an internal audit system which, when properly implemented and maintained, will highlight areas of non-compliance with the system s own targets or operating parameters. The audit would take place within the check phase of the plan-do-check-act system. The internal audit system can also highlight high functioning parts of the system, or opportunities for programme of audits should be established and internal or external personnel nominated to carry out the audit.

8 Personnel should be trained in the auditing process and should be technically competent in the company s field of of company performance will not be reliable without accurate records of operations and performance towards environmental targets or objectives. The correct, accurate and timely keeping of records is therefore a key part of the process of identifying information should include: information on compliance with applicable legal requirements and other requirements to which the organisation subscribes details of nonconformities and corrective and preventative actions results of EMS audits and management reviews information on environmental attributes of products ( chemical composition and properties) evidence of fulfilment of objectives/targets information on participation in training permits, licences or other forms of legal authorisation results of inspection and calibration activity results of operational controls (maintenance, design, manufacture).

9 As compliance is measured by checking actual operations and procedures against legal and regulatory requirements, as well as internal targets, organisations are often unaware of when exactly they may be in non-compliance with regard to legal and regulatory requirements due to the changing nature of these benchmarks. Some areas of legal compliance are subject to frequent amendments and updates, with changes in regulation often manufacturing, engineering, construction and building services engineering, likely areas of non-compliance would include energy and fuel use, waste products, transportation and environmental impacts of authority monitoring of construction work complianceEvery local authority has a well-established system of monitoring and ensuring compliance with the building regulations. This is referred to as building control and monitoring takes place through local authority appointed building inspectors who visit and inspect building work as it proceeds.

10 Construction work which does not comply with environmental or other standards such as structural safety will not be approved and the completed building may ultimately be unsaleable if it does not have a completion certificate verifying that construction has met the building regulations standards. Non-compliance is avoided by submitting plans and structural information to the building control department in advance and incorporating advice from the building control officers before and during 1: Ensure compliance with legal, regulatory, ethical and social : Identify and make recommendations on areas of non-complianceRole of the HSE in identifying non-complianceThe Health and Safety Executive (HSE) is the enforcing body for health and safety legislation and regulations in the UK. The HSE has a mandate to inspect any workplace, including building sites, and it is one of the responsibilities of the contractor to inform the HSE that work is taking place at a particular address prior to the commencement of the project.