By: Sydney Sybydlo
Here are a few noteworthy global EHS regulatory changes in February 2023. 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 – Alberta
- Canada – Nova Scotia
- Canada – Quebec
- United States – Federal
- United States – California
- Austria
- Brazil
- Denmark
- Germany
- Indonesia
- Ireland
- Italy
- Northern Ireland
- Scotland
- South Africa
- United Kingdom
- China
Canada – Federal
New Principal Document – Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations
First Effective Date: 15 February 2024
Industry Sector: Hardware Manufacturing Industry
This document prohibits the manufacture and import of wheel weights designed to balance a vehicle’s wheels that contain a specified quantity of lead by weight, with certain exceptions. It establishes permitting and document submission requirements for exceptions.
It also amends the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) to designate the manufacture and import of “wheel weights containing more than 0.1% lead by weight” as an offence.
Canada – Alberta
New Principal Document – Manual 026: Emergency Preparedness and Response Guide
First Effective Date: 8 February 2023
Industry Sector: Oil & Gas Industry
This document, according to its content, “elaborates on the requirements in Directive 071: Emergency Preparedness and Response and is intended to aid duty holders in developing, implementing, and maintaining their emergency preparedness and response programs.”
Amended Document – Occupational Health and Safety Code
Amending Document – Occupational Health And Safety Code Amendment Regulation
First Effective Date: 31 March 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document will notably “align with best practices, modern standards and technology, and keep Alberta in line with other Canadian jurisdictions [including] harmonizing language, reducing duplication and adopting best practices” through updating provisions relating to:
- overhead power lines and electrical utility workers;
- oil and gas wells;
- noise exposure;
- mining;
- managing control of hazardous energy;
- first aid; and
- explosives.
Additional information is available here.
Canada – Nova Scotia
New Principal Document – Output-Based Pricing System Registration and Opt-in Regulations
First Effective Date: 1 January 2023
Industry Sector: General Industry, Building Management & Maintenance
This document establishes a greenhouse gas emissions output-based pricing system. It contains conditions for being designated as opted-in facilities and regulated facilities and related application requirements.
Canada – Quebec
Amended Document – Regulation respecting the hours of driving and rest of heavy vehicle drivers
Amending Document – Regulation to amend the Regulation respecting the hours of driving and rest of heavy vehicle drivers
First Effective Date: 30 April 2023
Industry Sector: Road Transportation Industry
The amended document requires heavy vehicles to be equipped with an electronic logging device, and details “the requirement for heavy vehicle drivers to use the device to produce a record of duty status in which their hours of service and hours of rest have been entered.” It includes exemptions and rules governing procedures for device malfunction, as well as recordkeeping and reporting requirements.
United States – Federal
New Principal Document – 30 CFR 285 Subpart H Environmental and Safety Management, Inspections, and Facility Assessments for Activities Conducted Under SAPs, COPs and GAPs
First Effective Date: 31 January 2023
Industry Sector: Utilities & Communications Industry
This document requires activities on the outer continental shelf to be conducted in such a way that they comply with safety and environmental requirements, protect animal species and their habitats and sets out the information that must be included in a Safety Management System. It regulates what actions to take following facility damage, equipment failure, when removing equipment from service, and when conditions adversely impact equipment (in a way that endangers the environment). It also establishes when the government will conduct facility inspections and responsibilities for proponents when they do so, as well as rules for conducting self-inspections. The document also establishes incident reporting requirements and when they apply, how to submit such reports, and specific requirements for reports requiring written notification.
New Principal Document – 30 CFR 586 Subpart A General Provisions
First Effective Date: 31 January 2023
Industry Sector: Utilities & Communications Industry, Public Administration & Institutions
This Subpart establishes the general responsibilities of the Bureau of Safety and Environmental Enforcement and applicants, operators, or holders of an Alternate Use [Rights-of-Use and Easement (RUE)] grants for “activities that use, or propose to use, an existing [outer continental shelf] facility for energy- or marine-related purposes.” It establishes who may be a grant holder and how they may prove their qualification. It also contains definitions relevant to such activities.
United States – California
Amended Document – CCR Chapter 14-1.5-7: Fire Protection
Amending Document – State Minimum Fire Safe Regulations, 2021
First Effective Date: 1 April 2023
Industry Sector: General Industry, Building Management & Maintenance
The amended document, according to the government, implements “minimum fire safety standards related to defensible space applicable to the perimeters and access to all residential, commercial, and industrial building construction and to land in a State Responsibility Area (SRA) and Local Responsibility Area (LRA) Very High Fire Hazard Severity Zone (VHFHSZ), particularly with respect to fuel breaks, greenbelts near communities, and preservation of undeveloped ridgelines.”
Austria
New Principal Document – Ordinance on Flammable Liquids 2023
First Effective Date: 1 March 2023
Industry Sector: General Industry, Building Management & Maintenance
This document pertains to the safe storage and handling of flammable liquids. It notably covers general requirements for storage and flash points of flammable liquids, technical requirements for storage containers, rules for areas that may be potentially explosive, and documentation and testing requirements. It also includes specific requirements for various contexts, such as gas stations, dispensing facilities, filling stations, salesrooms, and storerooms.
It replaces the Ordinance on Flammable Liquids – VbF.
Brazil
Amended Document – NR-1 – General Provisions and Management of Occupational Risks
Amending Document – MTP Ordinance Nº 4,219, of December 20, 2022 Changes the nomenclature of the Internal Commission for Accident Prevention – CIPA in the Regulatory Standards pursuant to Law No. 14,457, of September 21, 2022. (Process No. 19966.100910/2021-44)
First Effective Date: 20 March 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document notably introduces new responsibilities and measures to prevent and combat sexual harassment and other forms of violence in the workplace for organizations that are required to form an Internal Commission for the Prevention of Accidents and Harassment (CIPA) (previously known as Internal Commission for Accident Prevention) under Regulatory Standard No. 5.
These measures include incorporating codes of conduct into the company’s internal rules, establishing procedures for receiving and investigating complaints, and conducting annual training and awareness-raising activities for all employees.
In addition, it updates provisions related to the management of occupational risks, which include the obligation for organizations to consult with workers on the perception of occupational risks and the obligation for employers to keep the educational project available for labor inspection, trade union representation and the CIPA.
Amended Document – NR-35 – Work at Heights
Amending Document – MTP Ordinance Nº 4,218, of December 20, 2022 Approves the new wording of Regulatory Norm No. 35 – Work at Heights. (Case No. 19966.101100/2021-13)
First Effective Date: 3 July 2023
Industry Sector: General Industry, Building Management & Maintenance
The amended document updates rules regarding—
- authorization, training, and competence for work at height;
- detailed rules for initial, routine, and periodic inspections of the Individual Fall Protection System (“Sistema de Proteção Individual Contra Quedas”);
- use of safety harnesses;
- procedures for emergency response;
- preventive measures for rope access techniques and anchorage systems; and
- new requirements for the use of ladders as access or workstations when working at height.
Denmark
New Principal Document – Executive Order on grants to producer organisations, etc. under the market arrangement for fruit and vegetables 2023
First Effective Date: 15 January 2023
Industry Sector: Agricultural Industry
This document pertains to the financing and grants for producer organizations in the fruit and vegetable industries. It notably establishes rules for recognizing producer organizations, operating funds, calculating subsidies, investment obligations, and outsourcing of activities by producer organizations. Additionally, it includes an environmental positive list for producer organization programs, detailing technologies and cultivation methods with a documented positive impact on the environment and climate, such as reducing pesticide and nutrient use, conserving water and energy, promoting organic production, and promoting environmentally and climatically responsible practices.
Germany
Amended Document – Building Code
Amending Document – Law for the immediate improvement of the framework conditions for renewable energies in urban planning law (BauGBuaÄndG kaAbk. )
First Effective Date: 1 January 2023
Industry Sector: General Industry, Building Management & Maintenance
The amended document adds special distance rules for wind turbines to allow projects that explore, develop, or utilize wind energy, even if they are visually obstructive, as long as the distance from the center of the wind energy plant’s mast base to a permissible building use for residential purposes is at least twice the height of the wind turbine, adds provisions for projects producing or storing hydrogen from renewable energy sources, given grid bottlenecks and efficient use of excess electricity; specifies the rules for the expansion of renewable energy in lignite opencast mining areas, and updates requirements relating to the use of solar radiation energy for outdoor projects to be permissible.
Additional information is available here (German only).
New Principal Document – Ordinance on the compensation of double-balanced fuel emissions according to the Fuel Emissions Trading Act (BEHG-double balancing ordinance – BEDV)
First Effective Date: 1 February 2023
Industry Sector: General Industry
According to its content, this document lays down the conditions, method of calculation, procedure, and application requirements for the financial compensation intended to offset the costs incurred by plant operators for using fuels that require emission certificates under the Fuel Emissions Trading Act and emission allowances under the Greenhouse Gas Emissions Trading Act and to compensate for the double accounting of these fuels.
Indonesia
New Principal Document – PERPPU No. 1 of 2022 concerning Job Creation
First Effective Date: 30 December 2022
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
This document provides a framework for job creation purposes in Indonesia.
It amends Law No. 13/2003 concerning Manpower (Employment) to make a wide-ranging update on the Indonesian manpower (employment) rules, such as those concerning working hours restrictions, employment contracts, foreign labor, workers with disabilities, wage and compensation, and termination of employment.
It also amends the Republic of Indonesia Law No. 28 of 2002 concerning Buildings to update Indonesian building permit requirements, such as those pertaining to construction and utilization administrative requirements, environmental impact control, building reliability, safety, accessibility, and demolition and deconstruction.
New Principal Document – PP No. 52 of 2022 concerning Safety and Security of Mining of Nuclear Minerals
First Effective Date: 12 December 2022
Industry Sector: Mining & Minerals Industry
This document establishes rules concerning the safety and security of nuclear materials mining. It notably provides requirements on occupational health and safety, public and environmental safety, radiation protection, accident prevention, and radioactive waste management.
Ireland
Amended Document – Waste Management (Prohibition of Waste Disposal By Burning) Regulations 2009
Amending Document – Waste Management (Prohibition of Waste Disposal by Burning) (Amendment) Regulations 2023
First Effective Date: 26 January 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document notably extends the exemption for farmers to dispose of waste generated by agricultural practices, following the waste hierarchy and as a last resort, until 1 March 2023. It also provides that the exemption will continue to be in effect for another three months, from 1 September to 30 November 2023.
Italy
Amended Document – Legislative Decree 31 July 2020, n. 101 Implementation of Directive 2013/59 / Euratom, which establishes basic safety standards relating to protection against the dangers deriving from exposure to ionizing radiation, and which repeals Directives 89/618 / Euratom, 90/641 / Euratom, 96/29 / Euratom, 97/43 / Euratom and 2003/122 / Euratom and reorganization of the sector legislation in implementation of article 20, paragraph 1, letter a), of the law of 4 October 2019, n. 117.
Amending Document – Legislative Decree 25 November 2022, n. 203 Supplementary and corrective provisions to the legislative decree 31 July 2020, n. 101, implementing directive 2013/59/Euratom, which establishes basic safety standards relating to protection against the dangers deriving from exposure to ionizing radiation, and which repeals directives 89/618/Euratom, 90/641/Euratom, 96 /29/Euratom, 97/43/Euratom and 2003/122/Euratom and reorganization of sector legislation in implementation of article 20, paragraph 1, letter a), of law 4 October 2019, n. 117
First Effective Date: 18 January 2023
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance
The amended document notably provides a more comprehensive and up-to-date approach to the protection against ionizing radiation. According to its content, the amendments focus on:
- revisions to certain definitions;
- revised provisions concerning natural sources of ionizing radiation, such as maximum reference levels for homes and workplaces;
- new requirements for operators to carry out certain measurements at workplaces and revision of their other obligations in the presence of sources of ionizing radiation of natural origin;
- revised provisions concerning the import, production, trade, transport and possession of radioactive materials;
- clarification of certain reporting requirements and of the authorization of practices involving sources of ionizing radiation;
- updated provisions on the management of radioactive waste;
- clarification of the obligations of employers, managers and operators with regard to the exposure of workers and the public, such as the requirement for managers and supervisors to receive adequate information, specific training and updating at least every five years;
- modification of the provisions with regard to medical exposures and other special situations of existing exposure; and
- amendment of the relevant sanctions and penalties.
Northern Ireland
New Principal Document – The Packaging Waste (Data Reporting) Regulations (Northern Ireland) 2023
First Effective Date: 28 February 2023
Industry Sector: General Industry
These Regulations, according to the government of Northern Ireland, “impose requirements on producers who are established in Northern Ireland to collect data on the packaging they supply to others, and, in some cases, to report some of that information to the Department [the Department of Agriculture, Environment and Rural Affairs].”
In particular, it sets out the information that producers must collect and report, provisions for registered schemes and exemptions from data reporting requirements for certain producers who are members of a registered scheme, and rules on mid-year changes in scheme membership.
Additional information is available here.
Scotland
New Principal Document – The Packaging Waste (Data Reporting) (Scotland) Regulations 2023
First Effective Date: 28 February 2023
Industry Sector: General Industry
This document applies generally to producers who, in the course of their business, either directly or through an agent, perform one or more of the functions associated with packaging. According to the Scottish Government, it “[imposes] requirements on producers who are established in Scotland to collect data on the packaging they supply to others, and, in some cases, to report some of that information to the Scottish Environment Protection Agency (SEPA).”
South Africa
New Principal Document – Occupational Health and Safety Act: Regulations: Major Hazard Installations
Published Date: 31 January 2023 (comes into force by Ministerial notice)
Industry Sector: General Industry, Building Management & Maintenance
This document pertains primarily to hazardous installations and businesses. It includes rules for individuals who oversee an establishment, such as employers, self-employed individuals, users, or pipeline operators, regarding the registration and administration of the establishment, risk assessment, policies for preventing major incidents, safety reports, the responsibilities for reporting risks and emergency events, licenses to operate, emergency plans, and proper health and safety training for all staff. Additionally, it covers the general obligations of suppliers who provide hazardous substances to an establishment.
It replaces the Major Hazard Installation Regulations, No. 692 of 2001. The new document covers the same topic as the superseded document but includes a wide-ranging update to the language and structure of the regulations. Notably, it introduces the following changes:
- New definitions, such as the meaning of “dangerous substances” and “high hazard establishment” are included.
- The scope has been updated for clarity.
- Establishment management rules are now specified.
- New obligations for risk assessment, risk and emergency reporting are introduced.
- A new notification period has been set for reporting that the establishment is no longer a major hazard establishment.
- Relevant offences and penalties are specified.
- A list of dangerous substances to which these regulations apply is introduced, as are the categories of dangerous substances and the classification of pipelines as major hazard installations.
- Relevant forms, such as a notification form of an establishment and the application form for registration as an approved installation inspection authority, are provided.
United Kingdom
New Principal Document – The Climate Change (Targeted Greenhouse Gases) Order 2023
First Effective Date: 3 February 2023
Industry Sector: General Industry
This document lays down provisions regarding emissions for carbon reporting. According to its content, it specifically designates nitrogen trifluoride (NF3) as a targeted greenhouse gas and makes necessary changes to the Climate Change Act 2008 to update the scope of targeted greenhouse gas as well as to certain Regulations to “maintain the existing definition of greenhouse gas in relation to governance and reporting requirements imposed on trustees of certain occupational pension schemes”.
The changes to The Climate Change Act 2008 broaden the scope of emissions reported under the amended document by adding nitrogen trifluoride (“NF3”) to the definition of targeted greenhouse gas and setting its base year. According to the government of the United Kingdom, this means that “[t]he small number of large and medium size businesses which are involved in the production or consumption of NF3 will have additional reporting requirements but these will not be significantly more onerous than before […] and will not require such businesses to adopt different patterns of behaviour.”
Additional information is available here.
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