Top global EHS regulatory changes – June 2021

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Here are a few noteworthy global EHS regulatory changes from June 2021. We cover EHS legislation and standards for over 100 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.

 

Canada – Alberta

New Principal Document – Preserving Canada’s Economic Prosperity Act

First Effective Date: 1 May 2021
Industry Sector: Oil & Gas Industry

This Act prohibits the export of natural gas or crude oil from Alberta without a licence, and sets out the terms and conditions to obtain such a licence. It also provides conditions under which the government may order an operator to cease transporting natural gas or crude oil.

Canada – British Columbia

Amended Document – Occupational Health and Safety Regulation
Amending Document – Occupational Health and Safety Regulation 2021-05-26 Amendments

First Effective Date: 1 July 2021
Industry Sector: Oil & Gas Industry

The amended document (1) revises requirements for employers notifying their employees of the use of pesticides on a premises and restricted entry periods following pesticide application, with certain exceptions, (2) provides further detail regarding the appropriate use of different classes of high visibility apparel, including modifications for certain employees, (3) requires that before commencing work in an area where there is a risk of head injury from flying, falling, or thrown objects, the employer take measures to eliminate or minimize the risk to the lowest practicable level, (4) requires remote controlled devices that operate mobile equipment to be equipped with a fail-safe or stop mechanism, (5) introduces safeguards for log loaders and rail car loaders mounted on rails, (6) introduces new inspection, cleanliness, safety, and servicing requirements for the use and operation of mobile equipment, (7) introduces restrictions on who is authorized to ride on mobile equipment, (8) introduces specific requirements for steering wheels, emergency escape means, fuel tanks, mirrors, lights, brakes, handling attachments, and rollover protective structures for mobile equipment, (9) introduces additional requirements for specific prime movers (all-terrain vehicles, earth-movers, lift trucks), and finally, (10) publishes the WorkSafeBC Standards G601 (Heavy Duty Backstops for Logs and Rocks),  G603 (Heavy Duty Guards for Windows), and G604 (Light Duty Guards for Windows).

Canada – New Brunswick

New Principal Document – Bee Act

Published Date: 11 June 2021 (not yet in force)
Industry Sector: Animal Production & Aquaculture Industry, Agriculture Industry

This Act establishes requirements for beekeeping in the province, including provisions related to the possession and transportation of bees, as well as maintaining the health of bees. It requires persons to register as a beekeeper in order to own a colony, requires permits for the import, transport, and transit of bees and beekeeping equipment, and contains reporting requirements for pests and disease that may threaten bee health. It also sets out restrictions on areas in which beekeeping activities may occur, as well as enforcement and inspection procedures, and related offences and penalties.

New Principal Document – Reduction of Greenhouse Gas Emissions Regulation – Climate Change Act

First Effective Date: 1 January 2021
Industry Sector: General Industry

This Regulation sets out the provincial greenhouse gas emissions reduction framework in the province, containing requirements for regulated facilities, as defined in the Climate Change Act. It provides for the registration, removal from registration, and reregistration of regulated facilities as well as standby periods for regulated facilities. It also sets out the determination methods for compliance periods, reduction periods, emissions limits as well as the process to apply to adjust a facility’s baseline emission intensity, along with related fees. Finally, it establishes the necessary contents of greenhouse gas emissions reports and compliance reports.

Canada – Ontario

New Principal Document – Blue Box

First Effective Date: 3 June 2021
Industry Sector: General Industry

This Regulation applies to producers of paper, packaging, packaging-like products, and single-use items, and establishes requirements related to their responsibility to maintain recycling services in Ontario.

It provides for the establishment of producer responsibility organizations that may create rules and allocation tables to distribute collection responsibilities to producers, to operate a collection system for the relevant sources. Rules regulating the conduct of such collection activities require producers who provide curbside collection to collect blue box materials at certain frequencies, and require them to operate depot collection sites for the collected blue box materials. It contains specific requirements for collections from residential sources, larger facilities, public spaces, and reserves.

The Regulation also allows for producers to register an alternative collection system for specific material categories of blue box materials, that can include sites such as depots or return-to-retail locations. It further requires producers to establish and operate systems for managing blue box materials, and includes specific requirements for recovered resources. It establishes registration, reporting, auditing, and record-keeping procedural requirements. Finally, it requires producers to implement a promotion and education program in respect of their collection systems and sets out what information should be included in such a program.

Canada – Quebec

Amended Document – Regulation respecting occupational health and safety
Amending Document – Regulation to amend the Regulation respecting occupational health and safety

First Effective Date: 16 June 2023
Industry Sector: General Industry

The amended document (1) establishes specific noise exposure limits that apply to establishments, in accordance with certain international standards, (2) requires employers to take all reasonable means to eliminate or reduce noise at source or reduce workers’ exposure to noise generally, (3) requires employers to regularly evaluate their workplace situations that exceed or may exceed exposure limits, to determine how to eliminate or reduce the exposure, (4) requires employers to reduce workers’ daily exposure to noise, including by providing hearing protectors, (5) establishes the amount of reduction of noise exposure for different types of work and exposures, (6) requires employers to measure daily noise exposure levels and peak sound pressure levels during an evaluation period for the implementation of reasonable means to reduce noise exposure, in accordance with certain international standards, (7) establishes selection criteria for hearing protectors, as required, (8) requires employers to notify workers, using a sign, of zones where hearing protectors are required, and (9) requires certain information be maintained in a prevention program or register.

Amended Document – Safety Code for the construction industry
Amending Document – Regulation to amend the Safety Code for the Construction Industry

First Effective Date: 16 June 2023
Industry Sector: General Industry

The amended document (1) establishes specific noise exposure limits that apply to establishments, in accordance with certain international standards, (2) requires employers to take all reasonable means to eliminate or reduce noise at source or reduce workers’ exposure to noise generally, including when purchasing or replacing equipment by acquiring the one that produces the least noise, (3) requires employers to regularly evaluate their workplace situations that exceed or may exceed exposure limits, to determine how to eliminate or reduce the exposure, (4) requires employers to reduce workers’ daily exposure to noise, including by providing hearing protectors, (5) establishes the amount of reduction of noise exposure for different types of work and exposures, (6) sets out situations when the use of hearing protectors is mandatory, (7) requires employers to measure daily noise exposure levels and peak sound pressure levels during an evaluation period for the implementation of reasonable means to reduce noise exposure, in accordance with certain international standards, (8) establishes selection criteria for hearing protectors, as required, (9) requires employers to provide training to workers on the use and maintenance of hearing protectors, and (10) requires certain information be maintained in a prevention program or register.

Canada – Saskatchewan

Amended Document – The Wildlife Regulations
Amending document – The Wildlife Amendment Regulations, 2021

First Effective Date: 26 May 2021
Industry Sector: General Industry

The amended document includes wheelchairs in the definition of an ‘all-terrain vehicle,’ authorizes the use of a person’s Hunting, Angling and Trapping Licence (HAL) identification number to mark baits and stands, authorizes the disposal of inedible or diseased specimens, removes provisions prohibiting the purchase or acquisition of unprocessed pelts for use as apparel or a trophy, and prohibits actions that would attract dangerous wildlife.

United States –  Federal

New Principal Document – 29 CFR 1910 Subpart U – COVID -19 Emergency Temporary Standard

First Effective Date: 21 June 2021
Industry Sector: Healthcare Industry

This document sets out protective requirements for healthcare and healthcare support workers in settings where people with COVID-19 are expected to be present. It notably requires healthcare employers to develop and implement a COVID-19 plan to identify and control COVID-19 hazards in the workplace. Other requirements related to reducing transmission of COVID-19 address patient screening and management, transmission-based precautions, personal protective equipment (including facemasks or respirators), controls for aerosol-generating procedures, physical distancing, physical barriers, cleaning and disinfection, ventilation, health screening and medical management, training, anti-retaliation, recordkeeping, reporting, and vaccination.

Amended Document – 40 CFR 372 Subpart D Specific Toxic Chemical Listings
Amending Document – Implementing Statutory Addition of Certain Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory Beginning With Reporting Year 2021

First Effective Date: 6 July 2021
Industry Sector: Chemical Industry

The amended document adds three per- and polyfluoroalkyl substances (PFAS) (namely, perfluorooctyl iodide, potassium perfluorooctanoate, and silver(I) perfluorooctanoate) to the list of chemicals subject to toxic chemical release reporting. Entities potentially affected by this change include facilities that manufacture, process or use any of these PFAS.

Amended Document – 50 CFR 17 Endangered and Threatened Wildlife and Plants
Amending Document – Endangered and Threatened Wildlife and Plants; Endangered Status for the Beardless Chinchweed and Designation of Critical Habitat
Amending Document – Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Neuse River Waterdog, Endangered Species Status for Carolina Madtom, and Designations of Critical Habitat

First Effective Date: 9 July 2021
Industry Sector: General Industry

The amended document lists the beardless chinchweed (Pectis imberbis) and the Carolina madtom (Noturus furiosus) as endangered species, and lists the Neuse River waterdog (Necturus lewisi) as a threatened species. It also adds regulations to provide for the conservation of the Neuse River waterdog, and designates critical habitats for the three species.

United States – Louisiana

Amended Document – RS Chapter 3-28 Forest and Forestry
Amending Document – Hartwell Old Growth Act

First Effective Date: 11 June 2021
Industry Sector: General Industry

The amended document prohibits the cutting, felling, destroying, removal, or diversion for sale or use of cypress trees on public lands, with certain exceptions, and reduces the percentage of ownership interest in a piece of land from which consent is needed to remove timber from that land.

Amended Document – RS Chapter 56-1 General Provisions for Wildlife and Fisheries
Amending Document – AN ACT To amend and reenact [various Revised Statutes] relative to licenses to hunt and fish; to restructure the recreational hunting and fishing licensing system for the Department of Wildlife and Fisheries; to provide relative to the cost of hunting and fishing licenses; to dedicate revenues from the sale of hunting and fishing licenses; to provide for definitions; to create the Shrimp Development and Management Account, Crab Development, Management and Derelict Crab Trap Removal Account, Oyster Resource Management Account, Louisiana Duck License, Stamp, and Print Fund, Louisiana Wild Turkey Fund, Lifetime License Endowment Trust Fund and the Louisiana Wildlife and Fisheries Foundation Escrow Account; to provide for hunting reciprocity; to provide for digital credentials; and to provide for related matters.

First Effective Date: 15 November 2021
Industry Sector: General Industry

The amended document increases the fees associate with various commercial and recreational hunting and fishing licences, and restructures the categories of licences such that fewer licences may now authorize more diverse hunting and fishing-related activities.

United States – New York

Amended Document – NYCL Article LAB-7 General Provisions
Amending document – AN ACT to amend the labor law, in relation to preventing occupational exposure to an airborne infectious disease; and to amend a chapter of the laws of 2021 amending the labor law relating to preventing occupational exposure to an airborne infectious disease, as proposed in legislative bills numbers S.1034-B and A. 2681-B, in relation to the effectiveness thereof

First Effective Date: 11 June 2021
Industry Sector: General Industry, Office Spaces, Building Management and Maintenance

The amended document (1) includes people who work for digital applications or platforms in the definition of “employee”, and excludes independent contractors of the state, (2) revises the definition of a “work site” to include the location over which an employer has the ability to exercise control, and excludes telecommuting and teleworking sites unless the employer can control such a site, (3) requires employers to establish an airborne infectious disease exposure plan (AIDEA) pursuant to the model plan provided by the government within a set timeframe, (4) implements timeframes for when an employer should provide their employees with the AIDEA, (5) clarifies that the AIDEA does not need to be posted in vehicles, and (6) limits the number of joint labour-management workplace safety committees per worksite.

United States – Oregon

Amended Document – OAR Division 340-141 Oil Spill Contingency Planning and Fees
Amending Document – High Hazard Railroad Contingency Planning 2021

First Effective Date: 20 May 2021
Industry Sector: General Industry

The amended document sets out requirements for railroad companies that transport oil to establish and maintain contingency plans in the event of a derailment impacting the waters of the state. Among other changes, it establishes a new per-tank fee (to be paid by the owner of the oil that is being transported) and provides for a system of drills, exercises and plan submittals. It also revises definitions and clarifies language.

United States – Texas

Amended Document –TS Chapter WC-26 Water Quality Control
Amending Document – AN ACT relating to the safety of storage vessels.

First Effective Date: 1 September 2021
Industry Sector: General Industry, Building Management & Maintenance

The amended document, according to the government, establishes a “bulk storage vessel performance standards program [that] incorporates various safety elements from federal statutes [and]regulations,” relevant to protection in the event of an incident. It includes standards for the construction of new tanks, standards for existing tanks, and introduces enhanced safety measures for shut off valves, overfill prevention, and fire suppression.

Bailiwick of Jersey

New Principal Document – Wildlife (Jersey) Law 2021

First Effective Date: 4 June 2021
Industry Sector: General Industry

This legislation sets out provisions relating to the conservation and protection of wild animals, birds and plants, and the promotion of biodiversity in Jersey, and for connected purposes.

International Standards

New Principal Document – NFPA 12: Standard on Carbon Dioxide Extinguishing Systems 2022 edition

First Effective Date: 8 April 2021
Industry Sector: General Industry

According to its content, this Standard “is prepared for the use and guidance of those charged with the purchasing, designing, installing, testing, inspecting, approving, listing, operating, or maintaining of carbon dioxide fire-extinguishing systems […]”.

New Principal Document – NFPA 12A: Standard on Halon 1301 Fire Extinguishing Systems 2022 edition

First Effective Date: 30 December 2020
Industry Sector: General Industry

According to its content, this Standard “contains requirements for total flooding Halon 1301 fire extinguishing systems to help those who design, install, test, inspect, approve, list, operate, maintain, decommission, and remove halogenated agent systems […]”.

 

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