Environmental, health and safety (EH&S) compliance has become a more
crucial piece of companies’ overall compliance and
sustainability strategies. EH&S compliance is required at
multiple steps throughout the lifecycle of a product containing
hazardous materials or chemicals, including during research and
development, testing, manufacturing, transportation, usage and
disposal.Understanding the challenges related to EH&S compliance throughout
the various stages of the chemical lifecycle, followed by the
development and adherence to a comprehensive compliance management
program, is the best way for companies to avoid putting their
personnel at risk for
the dangers, fines and fees associated with non-compliance.
First steps
Developing a comprehensive regulatory compliance management program
can be a somewhat daunting process. There are several issues that
need to be addressed prior to developing and implementing an
effective program, including:
• Do you have an accurate, up-to-date HazMat inventory? This
inventory becomes the foundation upon which the company manages
other critical data and turns those data into knowledge on the
hazards present in each of its facilities.
• Are your employees protected from, or properly trained on how to
handle potentially hazardous materials in the workplace?
• What documents do you need for distribution of products containing
ingredients labeled as HazMat?
• What is the best way to ship hazardous materials? How do you
properly package, classify and label these materials?
• What is the impact on the environment?
• Are regulations consistent across the product’s target market? Or
are there regional regulations that need to be adhered to?
The challenge of compliance OSHA, the EPA and other government
bodies mandate that certain standards be maintained when an
organization uses, stores, transports or disposes of hazardous
materials. For instance, OSHA’s HazCom Standard (29 CFR) mandates
that “the hazards of all chemicals produced or imported are
evaluated, and that information concerning their hazards is
transmitted to employers and employees. This transmittal of
information is to be accomplished by means of comprehensive hazard
communication programs, which are to include container labeling and
other forms of warning, material safety data sheets and employee
training.”
From Cradle to Grave
Identifying, monitoring and complying with these complex and
ever-changing regulations and requirements can be overwhelming,
especially when combined with the tactical and administrative tasks
listed above. Identifying the individual phases of the chemical
lifecycle and examining
the compliance requirements specific to each phase helps ensure that
compliance requirements are met throughout the entire lifecycle.
During the research and development process, access to the latest
regulatory data is critical. As new products are developed and
formulations are determined, it is essential to know if proposed
ingredients
are approved for use in target markets.
Access to current, accurate and comprehensive global regulatory data
during this phase, therefore, is crucial and cannot be overstated.
Having the right information, saves companies the trouble of stopped
shipments for not complying with a country’s specific regulatory
controls.
Manufacturers are especially challenged with regulatory compliance
because they have complex internal and external obligations.
First and foremost, manufacturers must ensure the safety of their
own employees and the safety of their products. They are also tasked
with providing accurate and reliable information to downstream
customers.
To facilitate the exchange of accurate information once a new
product is produced, the manufacturer must create a material safety
data sheet (MSDS) to help distributors and end-users support the
regulatory requirements of their markets and fulfill Hazard
Communication requirements.
Manufacturers also need to ensure that MSDSs are sent to customers
in accordance with the regulatory requirements for the jurisdictions
in which sales are made.
During this phase, it is recommended that distributors consult their
product lists and sales records to ensure that new or updated MSDSs
are distributed appropriately among end-users. New MSDSs must
be distributed (by mail, email or fax) to customers upon sale and
again when any changes are made.
This task can be especially time consuming and burdensome;
outsourcing the distribution of MSDSs
can result in greater cost efficiencies, increased value to
downstream end-user customers, improved compliance, reduced risk and
protection of the corporate brand.
During transport, the shipper must ensure products are properly
packaged, marked and labeled according to the mode of transport and
the regulations of the countries through which the shipments pass.
For example, the U.S. Dept. of Transportation (DOT) requires that
all hazardous materials or dangerous goods for transport be
appropriately classified, packaged, marked, labeled, placarded and
shipped with proper documentation. Failing to comply can result in
civil penalties and fines of up to $32,500 per incident, per day.
Once a product is received by the customer and used on site, a
different set of requirements applies. The employer must manage an
inventory of hazardous products for each facility and provide MSDSs
and training to its employees. In addition, the employer is required
to report on usage to various regulatory agencies.
If a company uses hazardous materials, there is also the possibility
of a chemical spill. While federal regulations require employees to
be trained to properly manage chemical spills, it is the
responsibility of an employer to keep workers safe when doing so.
Outdated and spilled material must be disposed of according to
regulations. One of the critical components of a successful
hazardous waste management program is accurately and consistently
identifying and classifying items regulated as hazardous waste
should they require disposal. Once the hazardous waste items have
been identified, processes can be put in place to help ensure the
proper handling, storage and disposal of these materials. A
comprehensive review of the manufacturer MSDSs, reviewing
appropriate Federal and State-specific waste codes, and reviewing
descriptions for a customer’s products, will help classify hazardous
waste.
Outsourcing to ease the burden
Most companies have limited staff resources to dedicate to
environmental, health and safety responsibilities and are unable to
ensure regulatory compliance throughout the chemical lifecycle.
Working with an outsourced solution provider can greatly simplify
the process and facilitate compliance. When considering outsourcing,
companies should look for an experienced vendor with deep EH&S
knowledge and expertise, as well as one who understands the
intricacies of all phases of the chemical lifecycle.
Article
courtesy of the 3E Company. For more information, visit
www.3ecompany.com, send e-mail to info@3ecompany.com
or call 800-360-3220, 760-602-8700 or, in Europe,
+45 70 22 81 70. FSM
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