Top global EHS regulatory changes – October 2019

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Here are a few noteworthy global EHS regulatory changes from October 2019. We cover EHS legislation and standards for over 90 countries and 200 jurisdictions. If you would like to track legislative changes for specific regions, countries or jurisdictions, we are happy to help. Please send us a request for more information here and we will contact you shortly.

US Federal

Amended document – 29 CFR 1910 Subpart I Personal Protective Equipment
Amending document – Additional Ambient Aerosol CNC Quantitative Fit Testing Protocols: Respiratory Protection Standard

First effective date – 2019-09-26
Industry – general, office spaces, building management and maintenance

A change to this document has been announced. The effect of this change is to add two quantitative fit testing protocols to appendix A of the Respiratory Protection Standard. These protocols are the modified ambient aerosol condensation nuclei counter (CNC) quantitative fit testing protocol for full-facepiece and half-mask elastomeric respirators and the modified ambient aerosol CNC quantitative fit testing protocol for filtering facepiece respirators. The protocols apply to employers in general industry, shipyard employment, and the construction industry. The first effective date of the document that makes the change is September 26, 2019. More information about the change, including any additional effective dates, is available https://www.federalregister.gov/documents/2019/09/26/2019-20686/additional-ambient-aerosol-cnc-quantitative-fit-testing-protocols-respiratory-protection-standard

US – Ohio

Amended document – ORC Chapter 37-3706 Air Quality Development Authority
Amending document – House bill adjusting subsidies for renewable and nuclear energy systems in Ohio

First effective date – 2019-10-22
Industry – general, office spaces, building management and maintenance

A change to this document has been announced. The effect of this change is notably to allow, under specific criteria, an owner or operator of an electric generating facility fueled by solar energy to be awarded energy credits. The first effective date of the document that makes the change is October 22, 2019. More information about the change, including any additional effective dates, is availablehttp://search-prod.lis.state.oh.us/solarapi/v1/general_assembly_133/bills/hb6/EN/06?format=pdf

US – Alabama

Amended document – AAC 220 Alabama Department of Conservation And Natural Resources
Amending document – AAC Chapter 220-2 Game And Fish Division 2019-08-30-1 Amendments

First effective date – 2019-08-19
Industry – general, office spaces, building management and maintenance

A change to this document has been announced. The effect of the change is to designate sandhill crane as a game bird and to add it to the list of migratory birds. The first effective date of the document that makes the change is August 19, 2019. More information about the change, including any additional effective dates, is available http://www.alabamaadministrativecode.state.al.us/UpdatedMonthly/AAM-AUG-19/EMERGENCY%20RULES.pdf

US – Illinois

Amended document – ILCS Act 415-5 Environmental Protection Act
Amending document – AN ACT concerning safety

First effective date – 2019-08-26
Industry – general, office spaces, building management and maintenance

A change to this document has been announced. The effect of this change is notably to prohibit distributing or using any paper with bisphenol-A added to the coating. The first effective date of the document that makes the change is August 26, 2019. More information about the change, including any additional effective dates, is available http://www.ilga.gov/legislation/publicacts/fulltext.asp?name=101-0457&GA=101&SessionId=108&DocTypeId=HB&DocNum=2076&GAID=15&Session

US – New Jersey

Amended document – NJAC Chapter 5-23 Uniform Construction Code
Amending document – NJAC Chapter 5-23 Uniform Construction Code 2019-09-03 Amendments

First effective date – 2019-09-03
Industry – general, office spaces, building management and maintenance

A change to this document has been announced. The effect of the change is to add requirements introduced by the 2018 editions of the International Building Code (IBC), the International Residential Code (IRC), the International Mechanical Code (IMC), the International Fuel Gas Code (IFGC), the International Energy Conservation Code (IECC), and the National Standard Plumbing Code (NSPC), and by the 2017 edition of the National Electrical Code (NEC). The first effective date of the document that makes the change is September 3, 2019. More information about the change, including any additional effective dates, is available https://www.nj.gov/dca/divisions/codes/codreg/index.html#2

Canada – Northwest Territories

Amended document – Cannabis Smoking Control Act
Amending document – Smoking Control and Reduction Act

Government publication date – 2019-08-21
Industry – general, office spaces, building management and maintenance

This document contains prohibitions and offences related to smoking, including those related to smoking in public places and in motor vehicles. The document also includes provisions related to signs and enforcement.

Brazil

Amended document – Regulatory Norm 1 – General Provisions
Amending document – Ordinance No. 915, of July 30, 2019 – Approves the new wording of Regulatory Standard No. 01 – General Provisions

First effective date – 2019-07-31
Industry – general, office spaces, building management and maintenance

A change to this document has been announced. The effect of the change is to publish a new text of NR-01, which notably: adds an Annex of terms and definitions; sets out the rights and duties of employees and the employer; adds provisions related to digital reporting and document digitization; specifies exemptions for Individual Microenterprises, Microenterprises and Small Businesses; and adds an Annex containing guidelines and minimum requirements for the use of distance and semi-distance learning. The first effective date of the document that makes the change is July 31, 2019. More information about the change, including any additional effective dates, is available http://www.in.gov.br/en/web/dou/-/portaria-n-915-de-30-de-julho-de-2019-207941374

France

New principal document – Construction and Housing Code Articles R131-33 to R131-44: Obligations for actions to reduce final energy consumption in buildings for tertiary use

First effective date – 2019-10-01
Industry – general, office spaces, building management and maintenance

This section implements provisions of Article L. 111-10-3 of the Construction and Housing Code which requires for owners and occupants of certain tertiary buildings to carry out actions to reduce final energy consumption. This section notably provides requirements for determining and modulating consumption reduction objectives, collection procedures (through a computer platform), and monitoring and publishing energy consumption information. It also contains the provisions applicable in case of change or cessation of activity, and the penalties applicable in case of non-compliance with obligations.

Belgium

New principal document – Belgian Code of Navigation

First effective date – 2020-09-01
Industry – water transportation

The Belgian Code of Navigation is a codification of the law of marine and inland navigation. It notably includes requirements for reporting and managing oil pollution incidents, seaworthiness certificates, for ship security,  and prohibits the release of harmful substances into waters or the atmosphere.

Canada Federal

New principal document – Interim Filing Guidance and Early Engagement Guide

Government publication date – 2019-08-22
Industry – oil and gas, utilities and communications

This document contains an interim guidance and an early engagement guide for projects subject to an assessment by the Canada Energy Regulator, to be used with the National Energy Board’s Filing Manual (NEB-FilingManual). It notably contains new factors to consider during an application, such as a gender-based analysis plus, and analyses of the project’s potential impacts on Indigenous rights, on Canada’s climate change commitments, and on Canada’s environmental obligations. It also contains a guide to identify and address potential issues and to foster early discussions between the proponent, Indigenous groups and stakeholders.

New principal document – Major Works Order

Government publication date –  2019-08-28
Industry – general

This order designates the works that are considered major works under the Canadian Navigable Waters Act (RSC1985,cN-22).

Switzerland

New principal document – Ordinance on Pipeline Transportation Facilities, OITC

First effective date – 2019-08-01
Industry – oil and gas

According to the Swiss Federal Council, this legislation sets out requirements for “building and operating facilities for the pipeline transport of fuels and mixtures of liquid or gaseous hydrocarbons, such as crude oil, natural gas, refinery gas, crude oil distillation products and liquid residues from the refining of crude oil”. It notably requires companies to carry out an environmental impact assessment, and to request building and operating permits.

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