Here are a few noteworthy global EHS regulatory changes in October 2022. 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 – Federal
- Canada – British Columbia
- United States – Federal
- United States – California
- United States – Maine
- United States – Oregon
- United States – Texas
- United States – Virginia
- United States – Washington
- European Union
- Australia – Federal
- Australia – Victoria
- Bailiwick of Guernsey
- Denmark
- Germany
- Indonesia
- Ireland
- New Zealand
- Poland
- Thailand
- United Kingdom
- China
Canada – Federal
New Edition – Canadian Rail Operating Rules 2022 version
First Effective Date: 1 October 2022
Industry Sector: Rail Transportation Industry
This document establishes operating practices for railway companies and their employees, including general duties and procedures, rules for the protection of track work and conditions, operation of movements, operation of switches, radio use, general bulletin orders, rules for various types of control systems, signals and signal systems, and interlocking.
Canada – British Columbia
Amended Document – Employment Standards Act
Amending Document – Proclamation of the Employment Standards Amendment Act, s. 7, 34(c), 35 (a); Employment Standards Regulation 2022-10-11 Amendments
First Effective Date: 1 January 2023
Industry Sector: General Industry
The amended document prohibits the employment of children in a hazardous industry or hazardous work (as defined in the Employment Standards Regulation) entirely for children under the age of 16 and for children between the ages of 16 to 18 unless they have attained the prescribed age for the hazardous industry or work.
The Employment Standards Regulation is also amended to establish the classes of hazardous work in various industries and prescribe ages for those classes of work which children between the ages of 16 and 18 years of age may perform, as discussed above.
United States – Federal
Amended Document – 50 CFR 17 Endangered and Threatened Wildlife and Plants
Amending Document – Endangered and Threatened Wildlife and Plants; Threatened Species Status for Emperor Penguin With Section 4(d) Rule
First Effective Date: 25 November 2022
Industry Sector: General Industry
The amended document adds the emperor penguin (Aptenodytes forsteri) to the list of endangered species and establishes conservation measures for the species.
According to NPR, “[t]he emperor penguin population of Antarctica is in significant danger due to diminishing sea ice levels […] There are as many as 650,000 emperor penguins now in Antarctica. That could shrink by 26% to 47% by 2050, according to estimates cited by wildlife officials.”
Amended Document – 40 CFR 63 Subpart DDDDD National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters
Amending Document – National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters
First Effective Date: 5 December 2022
Industry Sector: General Industry
According to the Environmental Protection Agency, the amended document revises 34 emission limits for new and existing boilers and process heaters and establishes compliance dates for the new limits. The EPA notes that “[o]f these 34 emission limits, 28 of the limits are more stringent and six of the limits are less stringent than the previously promulgated emission limits.”
“A list of each combination of subcategory and pollutant with revised limits is shown [here].”
United States – Maine
New Principal Document – CMR Chapter 06-096-169 Stationary Generators
First Effective Date: 9 October 2022
Industry Sector: General Industry, Building Management & Maintenance
This document establishes fuel requirements, emission standards, and stack requirements for stationary electric generators powered by reciprocating internal combustion engines.
New Principal Document – CMR Chapter 06-096-180 Appliance Efficiency Standards
First Effective Date: 3 November 2022
Industry Sector: Hardware Manufacturing Industry
This document establishes efficiency standards for certain new products, thereby reducing resource consumption and emissions of greenhouse gases and other pollutants. It allows for the sell-through of existing stocks of non-compliant products and defers to any federal pre-emptions.
United States – Oregon
Amended Document – OAR Division 437-001 Rules for the Administration of the Oregon Safe Employment Act
Amending Document – Adjustment to Rules Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces
First Effective Date: 12 September 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document notably removes indoor masking requirements generally and various measures that applied in health care environments. It requires employers to continue to allow employees to voluntarily use face coverings and facilitate COVID-18 testing for workers in certain circumstances and removes all industry-specific requirements except those concerning emergency medical services.
United States – Texas
Amended Document – TAC Chapter 30-112 Control of Air Pollution from Sulfur Compounds
Amending Document – TAC Chapter 30-112 Control of Air Pollution from Sulfur Compounds 2022-10-21 Amendments
First Effective Date: 27 October 2022
Industry Sector: General Industry, Building Management & Maintenance
The amended document establishes specific requirements, including emission limits, for the control of air pollution from sulphur compounds in the Howard County, Hutchinson County, and Navarro County Nonattainment Areas that apply to specifically named sources.
United States – Virginia
Amended Document – VAC Chapter 12-5-610 Sewage Handling and Disposal Regulations
Amending Document – VAC Chapter 12-5-610 Sewage Handling and Disposal Regulations 2022-10-10 Amendments
First Effective Date: 24 November 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document, according to the government, modifies “the formal plan requirements for onsite sewage system designs that meet the authorization limits for onsite soil evaluator designs,” notably by:
- “adding definitions for wastewater treatment levels and for new dispersal area requirements;
- “changing trench and elevated sand mound design criteria when treated wastewater is applied;
- “adding a new dispersal method, pads; and
- “clarifying the different standards for pumps integral to treatment systems and conveyance pumps for treatment level 2 or treatment level 3 effluent systems as compared to pumps dispersing septic tank wastewater from conventional systems.”
United States – Washington
New Principal Document – WAC Chapter 296-71 Refinery Worker Training and Certification in High Hazard Facilities
First Effective Date: 22 October 2022
Industry Sector: Oil & Gas Industry, Construction Industry
This document, according to its contents, contains requirements for “owners and operators of petroleum refining or petrochemical manufacturing facilities to use a skilled and trained workforce when contracting for construction, alteration, demolition, installation, repair or maintenance work at the stationary source [and] training and certification of the skilled and trained workforce, including training course approval, and the issuance of worker certification.”
New Principal Document – WAC Chapter 173-446 Climate Commitment Act program rule
First Effective Date: 30 October 2022
Industry Sector: General Industry, Building Management & Maintenance
This document, according to its contents, implements provisions of the state greenhouse gas (GHG) emissions cap and invest program, which establishes “a declining cap on GHG emissions from covered entities […] and a program to track, verify, and enforce compliance with the cap through the use of compliance instruments.”
It includes rules concerning program coverage and registration, procedures for allocating allowances, allowance budgets and distribution of allowances for compliance periods, auction registration requirements, auction floor and ceiling prices and prices for allowance price containment reserve auctions, emissions containment reserve, procedures for offset projects, and rules guiding the transfer and sale of allowances and recognition of compliance instruments.
Amended Document – WAC Chapter 296-880 Unified Safety Standards for Fall Protection
Amending Document – WAC Chapter 296-880 Unified Safety Standards for Fall Protection 2022-09-20 Amendments
First Effective Date: 1 November 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document, according to the government, revises existing fall protection rules “that address roofing activities including leading edge work, work performed on a low or flat pitch roof, and ski area facility and operations” “to be at-least-as-effective-as those administered by [the federal government],” by reducing threshold heights at which the rules apply, adding optional uses of guardrails and/or safety watch systems as fall protection mechanisms when work is conducted at four feet or higher, and adding an exception to the rules “for when work other than construction work is being performed under certain circumstances.”
European Union
New Principal Document – Directive (EU) 2022/1999 of the European Parliament and of the Council of 19 October 2022 on uniform procedures for checks on the transport of dangerous goods by road (codification) (Text with EEA relevance)
First Effective Date: 13 November 2022
Industry Sector: Road Transportation Industry
This document, according to its contents, “applies to checks carried out by Member States on the transport of dangerous goods by road in vehicles travelling in their territory or entering it from a third country.” It also has a non-exhaustive list based on risk categories to clarify what will be considered infringements and the rules for inspections on business premises as a precautionary measure.
First Effective Date: 15 November 2022
Industry Sector: Fishing, Hunting, and Trapping Industry
This document, according to its contents, “lays down management and conservation measures relating to fishing in the area covered by the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean”, such as marine species protection measures, vessel requirements, regional observer schemes, boarding and inspection requirements, and port state measures.
Australia – Federal
New Principal Document – Climate Change Act 2022
First Effective Date: 14 September 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This document, according to the government of Australia, “[sets] out Australia’s greenhouse gas emissions reduction targets, [provides] for annual climate change statements, [and confers] advisory functions on the Climate Change Authority”.
According to Allens Linklaters, it “does not impose obligations directly on companies, but its passage into law sets the scene for sector-based reforms to implement the 2030 target and emissions budget, which will impact businesses.”
Australia – Victoria
Amended Document – Environment Protection Regulations 2021
Amending Document – Environment Protection Amendment (Wind Turbine Noise) Regulations 2022
First Effective Date: 6 September 2022
Industry Sector: General Industry, Finance and Insurance Industry
According to the amending document, the amended document “[specifies] matters in relation to wind turbine noise from wind energy facilities.”
Additional information is available here, including “the Statement of Reasons setting out how the new regulations respond to issues raised during public consultation.”
New Principal Document – Circular Economy (Waste Reduction and Recycling) (Container Deposit Scheme) Regulations 2022
First Effective Date: 27 November 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This Regulation lays down rules to support the operation of the Circular Economy (Waste Reduction and Recycling) Act 2021. According to its contents, it “includ[es] the following— (a) conditions of appointment of the Scheme Coordinator and network operators; (b) eligible containers and suitable eligible containers, including the factors that the Head, Recycling Victoria must consider when determining whether an eligible container is a suitable eligible container; (c) exempt beverages under the container deposit scheme; (d) labelling requirements for first suppliers under the container deposit scheme; (e) fees and application requirements; (f) the requirements for methodologies included in supply arrangements for determining amounts payable by first suppliers; (g) refund amounts for the redemption of suitable eligible containers.”
Additional information on the container deposit scheme is available here.
New Principal Document – Dangerous Goods (Storage and Handling) Regulations 2022
First Effective Date: 26 November 2022
Industry Sector: General Industry, Building Management & Maintenance
This document, according to its contents, “provide[s] for the health and safety of people, property and the environment in the manufacture, storage, transfer, use, handling, sale and disposal of dangerous goods.” Notably, it defines the responsibilities of manufacturers, suppliers, and occupiers of premises, preparedness for incidents and emergencies, and notification requirements.
It replaces the Dangerous Goods (Storage and Handling) Regulations 2012. The new document primarily covers the same scope as the superseded document, with minor amendments focused on modernizing and simplifying the language and structure of the regulations to improve clarity, including adding and revising several definitions to clarify the application of the regulations, such as the introduction of a new definition of “article” and the revision of the standard in the definition for “fire point”, and clarifying certain rules, such as specifying who needs to comply with the rules for determining the number of dangerous goods and updating the requirements for the clearing of decommissioned receptacles.
Bailiwick of Guernsey
New Principal Document – Waste Disposal and Recovery Charges Regulations, 2022
First Effective Date: 1 January 2023
Industry Sector: General Industry, Building Management & Maintenance
This document, according to the States of Guernsey, “prescribe[s] the charges, or rates of charge, payable from 1st January 2023 as a pre-condition of the acceptance of waste of particular descriptions by the Waste Disposal Authority for disposal or recovery at specified public waste management sites [… It] also set[s] out charges in 2023 for the reloading of waste which is not accepted at the Longue Hougue Land Reclamation Site [… It does] not change the charges for black bag waste put out for household kerbside collections which are set out in different legislation.”
It replaces the Waste Disposal and Recovery Charges Regulations, 2021. The new document primarily covers the same scope as the superseded document, with amendments focused on prescribing the charges, or rates of charge, payable from the 1st day of January 2023.
According to the States of Guernsey, “[t]he majority of the charges (known as commercial gate fees) have been uplifted … for the upcoming period”. It also prescribes certain exceptions to the standard basis for the uplift, for example, “the charge for black bag waste brought to the Longue Hougue Waste Recycling Centre is the same as that to be charged in 2023 for black bag waste put out for household kerbside collections”.
New Principal Document – The Prevention of Discrimination (Guernsey) Ordinance, 2022
First Effective Date: 1 October 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This document prohibits discrimination against individuals on the basis of disability, race, career status, sexual orientation, religion or belief in employment, education and health areas, sports and clubs, provision of goods and services, and accommodation. It sets out prohibited conduct at work and in other situations, as well as certain exceptions to the prohibition.
Additional information is available here.
Denmark
New Principal Document – Competence order in connection with an order to investigate the psychological working environment
Published Date: 1 October 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This Guidance document applies to employers, managers, and other employees. According to its content, it aims to “[describe] the most important duties that … an employer must fulfill in order to resolve a competence order when it is given in connection with an order to examine the psychological working environment.” Notably, it defines the duties and roles of employers, supervisors, and other employees in ensuring safety and health at work, cooperation in occupational health and safety work, the principle of prevention to avoid unclear requirements and conflicting requirements at work, receipt of competency orders to review the mental work environment, and the use of external authorized consulting firms.
It replaces the Competence injunctions in connection with injunctions to examine the mental work environment. The new document mainly covers the same scope as the superseded document, with revisions focusing on the principles of prevention of work environment problems, such as setting out the responsibilities and roles of employers, supervisors, and other employees in ensuring safety and health at work, rules relating to cooperation in occupational health and safety at work, avoiding unclear and conflicting requirements at work, and addressing prevention as an ongoing process.
New Principal Document – Competence order on many work environment problems
Published Date: 1 October 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This Guidance document applies to employers, managers, and other employees. According to its content, it aims to “[describe] the most important duties that … an employer must comply with in order to resolve a competence order regarding many work environment problems”. The document specifically states that companies may establish and apply their work environment safety and health competencies within the company and use internal or external authorized consulting companies to comply with the competency orders.
It replaces the Competence requirements for many work environment problems. The new document mainly covers the same scope as the superseded one, with amendments focusing on the principle of prevention, such as setting out the responsibilities and roles of employers, supervisors, and other employees in ensuring safety and health at work, rules relating to cooperation in occupational health and safety at work, ensuring that employees’ work is planned and organized so that it is carried out taking into account the general and mandatory principle of prevention and addressing prevention as an ongoing process.
Germany
New Principal Document – Ordinance for securing the energy supply on medium-term effective measures (Medium-Term Energy Supply Securing Measures Ordinance – EnSimiMaV)
First Effective Date: 1 October 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This document, according to its content, provides for technical energy-saving measures in buildings, such as measures to improve the energy efficiency of heating systems, as well as the obligations of companies to implement energy-saving measures.
Additional information is available here (Indonesian only).
Indonesia
New Principal Document – KEMENLHK No. 20 Tahun 2022 concerning the Circulation of Timber Forest Products Listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora
First Effective Date: 29 August 2022
Industry Sector: Forestry & Logging Industry, Other Industry
This document provides restrictions on the movement of certain timber forest products listed in the appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora. These restrictions include the prohibition to use for commercial purposes, implementation of extraction quotas, and control of the domestic and foreign movement of the aforementioned timber forest products.
Additional information is available here (Indonesian only).
Ireland
New Principal Document – European Union (Organisation of Working Time in Inland Waterway Transport) Regulations 2022
First Effective Date: 26 July 2022
Industry Sector: Water Transportation Industry
This document, according to the government of Ireland, “[transposes] Council Directive 2014/112/EU implementing the European Agreement concerning certain aspects of the organisation of working time in inland waterway transport, concluded by the European Barge Union (EBU), the European Skippers Organisation (ESO) and the European Transport Workers’ Federation (ETF).”
They prescribe “the maximum hours of work and minimum hours of rest for mobile workers aboard craft operating on inland waterways in the State” and “the requirements for rest periods and annual leave”. They also “require records detailing hours of work and rest to be maintained monthly in arrears and to be signed off by the boatmaster and the worker and retained for 12 months.”
New Zealand
New Principal Document – Screen Industry Workers Act 2022
First Effective Date: 1 October 2022
Industry Sector: Other Industry
This document introduces an industrial relations regime specific to workers in the screen industry (i.e. the film industry including digitally produced works). The document includes several occupational health and safety protections, for example, a requirement that contracts specifically set out the complaints process available to screen workers against workplace harassment.
Additional information is available here.
Poland
New Principal Document – Regulation of the Council of Ministers of 9 August 2022 on the scope of the environmental radiation monitoring program developed and implemented by organizational units classified under the I or II hazard category
First Effective Date: 21 October 2022
Industry Sector: General Industry
This document establishes the rules for an environmental radiation monitoring program to be developed and implemented by the heads of organizational units engaged in activities of specified hazard categories. Notably, it covers the scope of the environmental radiation program in the event of a radiation emergency, as well as existing exposures resulting from a radiation emergency.
New Principal Document – Regulation of the Minister of the Climate and Environment of October 7, 2022 on detailed technical requirements for hydrogen stations
First Effective Date: 5 November 2022
Industry Sector: Utilities & Communications Industry
According to its content, this document defines the technical requirements for the safe operation, maintenance, inspection, and modernization of hydrogen stations, concerning disturbances in their operation, health and safety at work, explosion protection, fire prevention, and environmental protection.
Thailand
New Principal Document – Regulations of the Energy Regulatory Commission On the procurement of electricity from renewable energy in the form of Feed-in Tariff (FiT) for the years 2022 – 2030 for the group without fuel costs, B.E.
First Effective Date: 28 September 2022
Industry Sector: Utilities & Communications Industry
This document establishes a feed-in tariff system (a type of government subsidy for renewable energy generation), including eligibility requirements and conditions attached to receiving the subsidy.
Additional information is available here.
New Principal Document – Notification of the Committee on Labels Subject: Providing Products Containing Ultraviolet Radiation Wavelength C (Ultraviolet C or UV-C) is a label-controlled product.
First Effective Date: 7 January 2023
Industry Sector: Hardware Manufacturing Industry, Other Industry
This document applies to producers and importers of products that emit UV radiation. It sets labelling requirements for such products.
According to Enviliance ASIA, “this is intended to protect consumer health from adverse eye and skin effects caused by direct exposure to UV-C and requires that UV-C products (UV-C disinfecting devices) be labeled as regulated products and include warning statements.”
New Principal Document – Notification Of The Ministry Of Natural Resources And Environment Re: Determination Of Standards To Control Wastewater Discharge From Electric Power Plants, B.E.
First Effective Date: 6 October 2023
Industry Sector: Utilities & Communications Industry
This document applies to specified electric power plants. It notably provides requirements to control wastewater discharge from their activities by prescribing certain standards and restrictions contained therein.
United Kingdom
New Principal Document – Energy Prices Act 2022
First Effective Date: 25 October 2022
Industry Sector: General Industry
This document, according to its contents, establishes “provision[s] for controlling energy prices; to encourage the efficient use and supply of energy; and for other purposes connected to the energy crisis”, including provisions on reducing domestic and non-domestic energy bills, supporting meeting energy costs, capping domestic energy tariffs, and regulating energy markets.
It also amends the Energy Act 2013 to encourage “low carbon electricity generation includes encouraging the continuation of, or an increase in, low carbon electricity generation by existing generating stations” and to create new powers for the government in relation to Contract for Difference (schemes that support low-carbon electricity generation) and to require certain information from electricity suppliers.
Additional information is available here.
Amended Document – The Building Regulations 2010
Amending Document – The Building (Amendment) (Wales) (No. 2) Regulations 2022
First Effective Date: 22 November 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document extends the application of fuel and power conservation requirements for building work with on-site power generation systems to non-domestic buildings.
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