Some days it seems like the environmental, health and safety (EHS) industry is more complex than it needs to be. The most destabilizing factor, I think, is the drumbeat of change. From evolving technologies to the roller coaster economy to the ups and downs in talent availability, managers face unending EHS headaches.
EHS policies and programs affect us on a daily basis on the front line. These arenâ€t abstractions to us—they affect how we do our jobs, keep our people and communities safe, and maintain happiness for shareholders, investors, team members, and customers alike.
I havenâ€t even mentioned that four-letter word: Compliance. At the state, federal, and community levels, complete regulatory adherence is an ever-moving target. Missing the target and thus, failing to adhere to environmental and worker safety and reporting rules, can mean:
- Operational disruption
- Citations and fines
- Damage to brand and image
And these risks are present even in the most stable of regulatory times—which, as many have noticed, we are NOT living in. EHS regulatory change, whether predictable or sudden, is a reality we must face seemingly every day—and we must try to adapt to it as efficiently as possible. Being unable to stay current can mean a lot of wasted time, money, and effort to perform a rapid course correction.
EHS Policy: Getting a Fix in Stormy Weather
I am not a fortune teller. I canâ€t exactly predict the regulatory landscape over the next few months—let alone for the next full year. Honestly, no one can. What I am, however, is an EHS manager at an organization with a footprint across North America, with years of experience in multiple federal, state, and local administrations and legislative sessions. And this experience enables me to share some insights into these challenges—and suggest non-partisan ways to address them without taxing internal resources.
So, I can say, as we all know, there are so many uncertainties right now. Seemingly daily we see updates, changes, revisions, and fluctuations in EHS guidelines and requirements. These EHS policy changes, sudden or otherwise, ultimately make it almost impossible for any organization, regardless of size or industry, to achieve stable, holistic compliance.
Not to mention the hodgepodge of different rules across the country, which themselves are also subject to evolutionary or revolutionary changes. This makes it really difficult for major enterprises to consistently hit the compliance mark.
Drivers of EHS Policy Change and Uncertainty
There are near-innumerable factors that can drive EHS policy flux, including:
Federal vs. state rules variance: The Environmental Protection Agency (EPA) and other agencies set policies based on federal legislation; states interpret these rules locally or pass their own. State rule amendments often mean large gaps between policies that will likely continue to grow wider and more unpredictable throughout the future. California, for instance, is particularly strict with EHS enforcement, even at the county and municipal levels.
In my experience, Golden State authorities are more vigilant and willing to impose more severe enforcement penalties than their federal counterparts. If federal enforcement and legislation relaxes in 2025, this gap will only grow that much larger. Now, this is just one state in which many research, development, and manufacturing enterprises do business.
The more states we factor into the model, the more complex compliance becomes. And of course, there are international rules and best practices that affect many companies doing business in the United States. Compliance complexity only compounds with more facilities in more states—let alone if an organization needs to consider international best practices as well.
Judicial intervention: Judges at the state and federal levels are constantly revising or reinterpreting EHS legislation. Of late, the Supreme Court of the United States has become more aggressive, even pulling authority from EPA regulators and instead placing it in the hands of judges. This means, at least on paper, federal judges have the leeway to interpret environmental compliance rules as they see fit.
One judge may be stricter than existing agency enforcers; another may not, choosing instead to consider business implications over any environmental impact. So, thereâ€s no real clear federal guidance for rule definition and enforcement—there are simply too many variables. How this will play out overall is impossible to tell, but in the here and now it will likely just continue to make things even more perplexing for front-line EHS teams.
Market churn and uncertainty: Post COVID-19, the world of EHS is still finding balance. Some fields, like life sciences, pharma, and healthcare are in flux or a bubble. Advanced manufacturing is awaiting a big bump through federal investment in the semiconductor and green industries. In the midst of these changes, EHS departments across the board are stressed and strained to operate compliantly and safely. This is just even more of a burden to deal with, on top of the normal compliance, improvement, and ROI strain.
Changing legislation and compliance challenges: The U.S. Congress can tighten or relax compliance rules at any given time—as can any state legislature. Sometimes such a legislative action is rapid response to ongoing events, like natural disasters. Other times, as in the case of per- and polyfluoroalkyl substances (PFAS), regulators craft and implement the rules slowly, as they learn more about a chemical or risk.
Clearly, these two types of drivers make for further instability. Perhaps this challenge is greatest in the fields of healthcare, pharmaceuticals, and life sciences. These industries are involved in the manufacturing, distribution, and management of controlled substances, and face direct government oversight. There arenâ€t just financial liabilities for them, but legal ones—for instance, controlled substance compliance errors can result in fines and even jail time.
Challenge for EHS Policy Focus
Regrettably, weâ€re in for a rough ride over the next couple of quarters and beyond. Making sense of adjusted regulations—and adopting industry best practices—will be similar to juggling balls while on a tightrope over the mouth of an active but unpredictable volcano.
Underlying all this is that no matter what legislatures dictate, the public wants to be safe, and enjoy a healthy environment, including clean water and air. Your workers will demand a safe and healthy worksite, too. If they donâ€t get it, they will leave for places where their lives and wellbeing are valuable. Customers will pay a premium to companies that prize sustainability; so, despite some difficulties, we can see where things are going.
Small-to-medium organizations generally wonâ€t have the resources to devote much time to figuring out current and future compliance. Large organizations with the heft to comply prefer to focus on core business goals. Instead, they will be managing a variety of federal, local, market-specific, EHS and environmental, social, and governance (ESG) requirements. And just in case you thought state-by-state regulations were hard to follow, we only just touched on international regulations (if an organization operates outside the U.S.)!
Through Changes, EHS Policy Pros Can Help
One way to navigate through the confusion is to consider a partner that handles regulatory issues all the time and can offer holistic advice. Such a partner will have:
- Top compliance professionals: These people are experienced in all facets of compliance and can work with regulators and inspectors at every level.
- Data-driven solutions: Reporting is as complex as ever. Donâ€t bother with spreadsheets and paper systems, which will only increase the complexities. An effective partner will offer web- and cloud-based data and reporting solutions.
- A compliance track record: A seasoned pro will have weathered many compliance changes throughout the past, and shown acuity at every level—federal, state, county, etc. This is a great predictor of future capabilities: if compliance snags arise, and they likely will, you want a partner that has faced these sorts of crisis before—and gotten through them.
- Commitment to adherence and sustainability: Donâ€t just do what you have always done: do what you should do today. The public and your customers want it; the communities where you operate demand it.
- A deep talent network: Besides just knowing the details of compliance, the partner should have a strong bench. They must be able to parachute talent into your operation and perform any related EHS tasks necessary.
Partnering for Policy Change: Now and Into the Future
I realize that many people hesitate to partner for EHS compliance support (and other services). But the reality is, for many organizations, partnering isnâ€t just a value add—itâ€s a necessity. If youâ€re a principal investigator (PI) or lab ops manager, you likely want to focus solely on innovation and go to market—not on EHS, and certainly not on looking at the policy crystal ball.
With a portfolio that ranges from waste disposal to environmental remediation, from construction to safety training and more, Triumvirate Environmental is a capable and effective EHS compliance partner. We can handle individual EHS program components like hazardous waste management.
But we can also devise strategies that enable advanced functioning at the highest level—supporting operations for federal compliance and corporate green initiatives. We have the people and the know-how to keep our partners aligned with their regulatory goals.
Also, compliance is a full-time job to us—we offer a variety of relevant consulting and services packages, and so much more. Our EHSOne® service offering is a revolutionary way for large companies to holistically handle their front-line tasks—while keeping an eye on future market or regulatory changes.
We have a broad reach: from Boston down to Research Triangle Park and Orlando, west to Austin, and all the way to San Diego, San Francisco, and beyond. Our scope means we have deep knowledge of federal regulatory changes—and the specifics rules in each individual state and community where we operate.
Doubts about the future? Allow us to lighten the EHS policy compliance burden.
