Archive for the ‘Environmental management system’ Category
Legal Compliance – A Trivial Pursuit
Oomph Seminar – Environmental Management Systems – The Dark Arts
In the week that Defra announced the timetable over the next four years for the removal and simplification of environmental regulation, the latest Oomph Seminar focussed on the evaluation of legal compliance. This long awaited reform seeks to reduce the administrative burden of compliance. The past twenty years has seen a steady and seemingly inexorable increase in the breadth and depth of regulation and government has now called a halt. For organisations with an environmental management system the challenge of how to demonstrate compliance with this baffling mountain of statutes, simplification and reduction must be welcome.
This theme emerged again at today’s Oomph Seminar at Highcross in Leicester. Many thanks to Nicola Duffy for the fabulous room and her insightful introduction to the theme, Environmental Management Systems – The Dark Arts. It was generally agreed that for many environmental professionals the focus of their EMS is on achieving a certificate. But once the certificate is shining on the General Manager’s wall what then? Is it more box ticking or can more be achieved? Is the organisation or business then fully legally compliant?
It is often the perception of senior management that achieving the certificate ensures legal compliance in environmental legislation. Company reports may even state this. Compliance is however a very dynamic and complex state which connects the application of detailed regulations with procedures and behaviours. A change in one of these and therefore a disconnection between these three elements may lead to becoming non-compliant. Is it actually unrealistic to describe, with any degree of confidence, whether an organisation is ever actually in full and 100% compliance? If not, then what is point of legal compliance?
Much store is given to having an accurate and up-to-date legal register, however without this being integrated as a part of overall risk assessment, we will lose sight of what is really important. As a consequence we could be ignoring the truly important for the sake of achieving the unachievable.
Surely the most important part of the job of an environmental manager is to provide the expert analysis of the law and as a result give assurances to senior management. It is almost tantamount to heresy for an environmentalist to admit to being in a non-compliant state. However the reality is that what they should be doing is to analyse the business risk and consequence and to target effort, especially in these times of limited resources.
If one accepts that legal compliance is a risk based exercise, then what can result is better targeting of both resources and business benefit. What tends to cause problems is getting buried in and obsessive about trivia. The challenge is how to decide what is trivial. The discussion around this concluded that the best way is through active and effective engagement across the organisation.
What tends to happen is the environmental expert is isolated and comes up with worthy but often impractical advice and guidance. This results in a lack of credibility and a huge uphill battle from then on. One image of environmental mangers that stuck was of often feeling like a dementor (soul-sucking creatures from Harry Potter). If we focus on the trivial we lose the argument and make enemies of those that we need to involve in the process.
If it is a risk process then it is likely that some legislation will be missed because it is considered trivial even though it might relevant. Will this cause a problem with the third-party auditor? It shouldn’t if it is presented in the context of the business. Surely the outcome must be that the environment is protected and the organisation can demonstrate continual improvement. Linking environmental aspects and impacts with legislation and internal control processes through an integrated risk register might be the method that we need to adopt.
So, perhaps the best way to deal with legal compliance is to throw away the legal register and start building systems that intrinsically recognise the legal framework which we need to operate within. Slavish attempts to prove that every part of every piece of legislation is being complied with is counter-productive. We should know what will really hurt the organisation, whether in terms of fines and penalities or in risk to reputation and apply the system accordingly.
Fourth Oomph Seminar – ISO14001 – beyond the badge
- Our fourth Oomph seminar has been informed by the proposed changes to ISO14001 and our involvement with a number high level roundtables and contributions to opinion pieces. The style of this seminar was very discursive with contributions from everyone being moderated by us to keep things moving (which actually wasn’t needed very often). So rather than chart the conversation, we have distilled some of the key points and areas of discussion into five groups.
- Leadership and Management Review
- Systems integration
- External auditor involvement and personal confidence
- Accreditation, certification and supplier selection
- EMS value and strategic priorities.
1. Leadership and Management Review
2. Systems integration
3. External auditor involvement and personal confidence
4. Accreditation, certification and supplier selection
5. EMS value and strategic priorities
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It is fantastic to leave a seminar feeling inspired and full of practical ideas. Thursday’s oomph seminar did exactly that, Ben and Dan are naturals at putting an audience at ease which meant real participation from the group. As environmental professionals often form a one person team, it is fantastic to share a room with like minded individuals from local businesses who have faced and tackled similar challenges and can offer insight and advice. Eagerly anticipating the next installment of Oomph!
Nicola Duffy, Environmental Co-ordinator at Highcross, Leicester
Thank you both for inviting us to today’s Oomph seminar. From our point of view, we found the stimulus material and subsequent debate insightful from a sustainability perspective, but also in a wider context applicable to the successful deployment of general business initiatives.
Participant at Oomph Seminar 30 June 2011
Really enjoyed this morning. I have attended very few seminars over the past two years simple because they are all too similar, often the the same speakers and follow the same theme. Today was most importantly enjoyable, interesting and got the brain cells working. I like small groups with variety of people and backgrounds.
Participant at first Oomph Seminar 30 June 2011