Enhesa’s 2015 Global EHS Regulatory Forecast (2015EHS法令のグローバル動向)

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2012年よりビューローベリタスとパートナーシップを結ぶEnhesa(エンヘサ)社が執筆する、「海外における法規制」に関する記事を連載しています。

 

Capitalizing on the expertise of our in-house team of 75 consultants from over 40 countries monitoring EHS and product related regulatory developments in more than 200 jurisdictions around the world. Enhesa analyzed the global regulatory climate, identifying key EHS trends and their business impact on industry in 2015 in our latest webinar, Enhesa’s 2015 Global EHS Regulatory Forecast.

(Enhesaは、ベルギーのブリュッセル及びアメリカのワシントンDCに本社を置くグローバルコンサルティング会社であり、企業のEHS (環境、労働安全衛生) 及び製品の遵法を支援しています。 先日開催したウェビナー “Enhesa’s 2015 Global EHS Regulatory Forecast” では、法令のグローバル動向の分析を通じてEHS分野の主要傾向を特定し、各業界に与える影響をお伝えしました。本稿では、そのウェビナーのポイントをご紹介します。)


1.The Americas

Over the years, Enhesa has tracked hundreds of new regulations in both North and South America. In analyzing this growth, Enhesa has identified 4 major trends believed to impact industry in the coming year.







 

Trend: Chemicals Management
In looking at the issue of chemicals management, various initiatives have developed in North America. With numerous chemicals being found in the workplace, ensuring that workers are adequately protected from hazards as new chemicals are introduced is a regulatory concern. Companies need to keep up-to-date with new labeling schemes, evolving worker exposure limits, and safe handling procedures. Informative chemical labeling is a global concern and an area that is heavily influenced by new technology leading to new chemicals and new evidence leading to new health concerns.

 

Trend: Stricter Air Emissions Requirements
Since 2007, air emissions legislation has grown by 154% in North America and 168% in Latin America as more jurisdictions consider taking more stringent approaches to managing air quality.







 

Trend: Increased Focus on the Better Management of Health & Safety at Work
Over the past few years, there has been an increase in regulatory developments surrounding the health and safety of workers. In a recent survey conducted by Enhesa to over 400 EHS professionals, 62.34% of respondents saw injury/death of an employee to be a risk of greatest concern to their company. Public opinion regarding worker welfare and the increase in globalization are seen as the key drivers to this trend. Although many jurisdictions within North and South America are working to improve the health and safety of their workers, initiatives currently underway worth noting are in Mexico, Colombia and Argentina.

 

Trend: Significant Rise in Enforcement Activities
The nature of enforcement activities, both in severity and monetary, has significantly changed throughout the Americas over the past few years, as more countries have increased their punishments for environmental violations.

2.Europe

With over 1200 or so requirements tracked every year, Europe remains a region demonstrating a considerable amount of regulatory growth. In analyzing recent regulatory developments in Europe, 4 major trends Enhesa believes will impact businesses in 2015 include: a greater focus on corporate social responsibility reporting, increased environmental protection obligations, transposition of new energy audit requirements as well as increased focus chemicals management initiatives.

Trend: Greater focus on corporate social responsibility reporting
In April 2014, the European Parliament adopted an amendment to Directive 2013/34/EU in regards to the disclosure of non-financial and diversity information by certain large undertakings and groups, which is currently subject to the Council's approval. While companies have previously been required to report non-financial matters under EU law, this recent amendment to the EU Directive clarifies the scope of environmental, social, and employee-related reporting. With the recent adoption of the revised annual Corporate Social Responsibility (CSR) reporting requirements in December 2014 , companies should determine whether they will be required to report, what CSR information will have to be provided, what aspects of their supply chain they will need to analyze and disclose, and whether they will have to have any CSR information assured by a third party.

Trend: Increase in Environmental Protection Obligations
Corporate Social Responsibility requirements indicate a trend toward greater importance being placed on environmental responsibility, and in continuance of that idea, several jurisdictions in Europe have proposed requirements that would increase environmental protection obligations in other ways.

Trend: Transposition of Energy Audit Requirements
Energy audit requirements is a topic area that Enhesa has received numerous questions about through the Enhesa Helpline service. It is an area that we see regulatory activity occurring this year in light of the fact that many countries have yet to transpose the provisions into their local law, despite the fact that the EU Directive requires companies to conduct their first energy audit by December 5, 2015.
Currently the European Union faces numerous challenges as a result from an increased dependence on energy imports and limited energy efficiency as a valuable means to address these challenges. It seeks to improve security of energy supply by reducing consumption and decreasing energy imports. The 2012 Energy Efficiency Directive establishes binding measures to help the EU reach energy efficiency targets and requires all EU member states to use energy more efficiently at all stages from energy production to final consumption. The energy audit requirement is part of this goal and will impact not only manufacturing industries, but also commercial and service sector industries.

Trend: Increased Focus on Chemicals Management Initiatives.
Since 2007, chemicals management legislation has sustained an average growth rate of 9%. With massive ongoing testing of chemicals and new information about them, reclassification and potential new restrictions often result. Chemicals are an area in particular where globalization leads to more standardization of requirements that then get implemented in many countries. With various deadlines pertaining to CLP and REACH fast approaching, companies will need to maintain a watchful eye on these developments.


3.Middle East & Africa

Regulatory growth has really taken off throughout the Middle East and Africa over the past few years as both regions continue to develop/advance their regulatory frameworks. In reviewing regulatory activity, both past and present, 4 trends we believe will impact businesses that operate and/or do business in these regions revolve around the development of the waste management sector, initiatives to meet energy demands, combatting air pollution, and obligations to reducing greenhouse gases and ozone depleting substances.


Trend: Development of the Waste Management Sector - Increasing Regulation and Enforcement
Waste Management legislation is an area that has been growing significantly since 2007, with over 120% growth in the Middle East and 650% growth in Africa. A large part of this is due to the natural resources issues and energy issues that the region is facing and continues to face as it attempts to develop and meet both energy needs as well as economic and developmental needs for their countries. At the same time, public opinion and public pressure has been going throughout the region. This can be partially be attributed to geopolitical developments, such as the Arab Spring, where people are more vocal and more involved in issues that they care about such as the environment and health and safety.

Trend: Meeting Energy Demands - Renewable Energy Sources vs. Coal
Currently there is a battle, if you will, between renewable energy sources and coal. Part of this is being driven by new technologies, so the desire to use renewable energy is definitely growing throughout the region as it becomes more affordable and more plausible. However at the same time, due to limited natural resources many countries are encountering a difficulty in meeting the demands of day-to-day energy use while also attempting to achieve their long-term sustainability goals. As the battle continues to fight the current energy crisis within the region, public opinion is growing stronger in an attempt to convince their governments from turning to polluting options, such as coal.
The struggle between renewable energy sources and coal is a trend we are seeing in a vast array of countries throughout the region including, UAE (Dubai), Egypt, South Africa and Mauritius.

Trend: Air Quality-Tackling Emissions and Pollution
The energy issues we are seeing in the Middle East and Africa are naturally tied to another important trend, which is in the increased enforcement and regulatory growth in the area of air quality as countries within the region try to tackle the problem of air emissions and pollution.
Legislation surrounding air emissions is an area that has grown rapidly in the past several years, with a 220% increase in Africa and a 120% increase in the Middle East since 2007. This can be attributed to various things, including the notion that countries are able to better monitor their air emissions through better technologies as well as are able to use new technologies to regulate and improve their current situation as they try to meet globally accepted levels of emissions, while also trying to bring up their emissions regulations to international standards.

Trend: Meeting International Obligations-Reducing Greenhouse Gases and Ozone Depleting Substances
As countries throughout the region attempt to reduce greenhouse gases and ozone depleting substances, a greater number of regulations are being enacted to bring these countries to the same levels as the international treaties and regional treaties that they are a part of. General adhesions to multilateral environmental agreements are on the rise throughout the world, with the number of signatories growing significantly.
Specifically in regards to greenhouse gases, various countries within the Middle East and Africa top the list of “World’s Top 20 GHS Emitters,” including Saudi Arabia, South Africa and Turkey.

4.Asia Pacific

Chemicals management and several other environmental, health and safety topics have arisen as areas of concern and great focus in the Asia Pacific region. With so many developments within the region, our webinar this past February only touched on a few, with the remaining issues to be featured in our upcoming April webinar, Asia Pacific EHS Regulatory Outlook 2015.


Trend: Transitioning to a More Comprehensive Chemicals Management System
Over the past 8 years, legislation surrounding chemicals management has grown by 24% in the Asia Pacific region. This is largely attributed to the general development in threshold limits and understanding of chemicals as well as reclassification as the Asia Pacific region strives to safely regulate these issues and develop a system to the same levels as the best standard practices currently out there.

Trend: Increased Focus on Worker Health and Safety - Working with Chemicals
Since 2007, health and safety legislation has grown 174%, sustaining an average growth rate of 18%. With new evidence and new control measures being developed as a result of having a better understanding of the effects of chemicals as well as permissible exposure limits, regulatory activity around this area has increased drastically over the last 8 years.




Trend: Stricter Air Pollution Prevention and Control Measures
Air pollution is a major issue in many Asia Pacific countries, most notably in China. As a result, an increased number of countries are proposing new laws in this area, as well as providing more guidance to assist companies reduce their emissions and pollution. In reviewing recent regulatory activity surrounding air pollution, China, South Korea and Australia are engaging in air pollution prevention and control measures of greatest significance.


Trend: Improving Environmental Quality - Increased Enforcement Intensity
In recent years, the Asia Pacific region has experienced an increase in enforcement intensity, driven largely by the desire to improve environmental quality. With growing development demands and limited natural resources to meet energy demands, as well as public pressure to fix the environment and to ensure health and safety of the public, countries are experiencing more pressure and are stepping up and really enforcing their environmental regulations as well as developing regulations that might show us more enforcement down the line.


5.Concluding Thoughts


Overall, common trends that we have noticed worldwide include a greater focus on chemicals management, air emissions management, energy efficiency and enforcement. These are areas that we see growing and continuing to grow now and into the foreseeable future. This is a result of the major drivers of EHS regulatory growth that are ever present and won’t dissipate any time soon. These drivers include, limited natural resources, standardizing requirements due to globalization, public opinion & pressure, increase in climate change concerns, new technologies and new evidence from research. If anything, factors such as limited natural resources will add the same, if not more, pressure on countries to develop their regulations and policies as well as their enforcement to make sure that they take care of their environment and their people.

Enhesa社 宮田祐子



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Enhesaは、ベルギーのブリュッセル及びアメリカのワシントンDCに本社を置くグローバルコンサルティング会社であり、企業のEHS (環境、労働安全衛生) 及び製品の遵法を支援しています。日本にもサテライトオフィスを開設しており、日本時間に日本語での対応が可能です。Enhesaは世界200カ国・地域における現地EHS法令の改正動向月次配信、EHS遵法監査ツールの提供と第三者監査、製品規制調査等を提供し、日本企業の国内及びグローバル市場における事業展開・事業運営、輸出に関する法令遵守を支援しています。


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