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RATE YOUR RISK
EHS NEEDS ASSESSMENT PROFILE
Rate Your EHS
Compliance Risk
Once you have executed the following instrument on
rating your facility's risk against enforcement penalties, you will have
gained some very clear impressions on those compliance gaps that exist in
your facility. This would not be the time to bury one's head in the sand.
You may have printed off a hard copy of "Rate Your Risk" so as
to evaluate the strengths and weaknesses of your company's compliance
program. Write your impressions and comments in the margins for future
reference.
1. Have we implemented a Storm Water Runoff Pollution Prevention Plan in
compliance with EPA's Multi-Sector General Permit, and do we update it
annually? Enforcement Exposure: $32,500/day
a. Yes
b. We have a plan but do not update it annually
c. No, we do not have a plan
d. Unsure
2. In the last year, has an EHS employee from our
company audited our hazardous waste disposal company at their site? Enforcement
Exposure: $25,000/day
a. Yes
b. An EHS employee has visited the site of our hazardous waste disposal
company, but they did not perform an audit
c. No
d. Unsure
3. In the event of an employee complaint or citizen
lawsuit, are we prepared for all EHS documentation to be subpoenaed? Enforcement
Exposure: $ 10,000 Bounty
a. Yes, our documentation is complete, accurate, and in compliance
b. We have some documentation, but we are unsure if it meets regulatory
requirements
c. No, we are completely unprepared for our documentation to be subpoenaed
d. Unsure
4. What proof do we readily have that we are compliant with the General
Duty Clause under both EPA and OSHA? Enforcement Exposure: EPA $10,000 - OSHA $7,000
a. We have full documentation proving compliance
b. We are in compliance, but have no documentation to prove it
c. We are not compliant with the General Duty Clause
d. Unsure
5. Do we have a written Emergency Action Plan, and have
our employees been properly trained about procedures to take in the event
of a chemical release, spill, or other emergency? Enforcement Exposure:
$7,000 - $70,000
a. Yes, we have an Emergency Action Plan and our employees are fully
trained about its contents
b. Our employees are trained in emergency procedures, but we have no
written plan
c. No, we do not have a written plan or employee training
d. Unsure
6. Have we conducted annual OSHA Hazcom (Right-to-Know)
training, and can we provide records of training for the past three years?
Enforcement Exposure: $7,000 - $70,000
a. Yes, we have conducted Hazcom training and have the records to prove it
b. We have conducted Hazcom training, but cannot provide records for the
past three years
c. No, we do not conduct Hazcom training
d. Unsure
7. Do we maintain Material Safety Data Sheets (MSDSs)
for every hazardous chemical we use, and are they readily accessible to
all employees? Enforcement Exposure: $7,000 - $70,000
a. Yes, we maintain all MSDSs in an accessible location
b. We maintain all MSDSs, but they are not accessible to employees
c. No, we do not maintain MSDS for all hazardous chemicals we use
d. Unsure
8. Have we fulfilled OSHA?s Hazard Determination
Mandate that we as an employer determine all chemical hazards specific to
our chemical inventory in order that employee Hazcom training be
site-specific? Enforcement Exposure: $7,000 - $70,000
a. Yes, we have fulfilled OSHA's Hazard Determination Mandate
b. We conduct generic safety training
c. No, we have not determined all chemical hazards specific to our
chemical inventory, and we do not conduct site-specific Hazcom training
d. Unsure
9. Given that EHS legislation is evolving at a growth rate of 30% per
year, what system do we have in place to perform timely legislative
updating? Enforcement Exposure: Minimum
$10,000 per violation
a. We have a system to determine updates regarding all EPA, OSHA and DOT
legislation, and changes regarding any other Federal, state or local EHS
regulations
b. We occasionally learn about legislative updates from the media or other
people in our industry, but do not have a formal system
c. We have no way of learning of legislative updates, let alone
implementing them
d. Unsure
10. What due diligence do we execute under EPA's Toxics
Release Inventory (TRI), and can we defend our position on how many
chemicals we report under Form R, even if we don't report any? Enforcement
Exposure: $27,500/chemical/year
a. We execute and document due diligence on all Form R chemicals
b. We aren't required to report any chemicals under Form R, but we have no
documentation to prove due diligence
c. We do not file reports for any chemicals under Form R, even though we
are required to
d. Unsure
11. How do we execute the Aggregate Total Ruling under
the 10 laws mandating it (SARA 302, SARA 313, SPCC, CAAA, TSCA, RMP)? Enforcement
Exposure: $32,400/day
a. Per the requirements of the Aggregate Total Ruling, we combine the
amount of chemical found in two or more products and screen it against
specific thresholds assigned by the EPA
b. We execute the Aggregate Total Ruling for some of the laws mandating
it, but not all of them
c. We do not execute the Aggregate Total Ruling
d. Unsure
12. Are all containers in our facility properly labeled
with the material's identity and appropriate hazard warnings as required
by OSHA's Hazcom Standard? Enforcement Exposure: $7,000 - $70,000
a. Yes, all in-plant containers are labeled with the material's identity
and appropriate hazard warnings
b. Most containers are labeled with at least the material's identity
c. No, the majority of containers are not labeled with either the
material's identity or appropriate hazard warnings
d. Unsure
13. If we have determined that an air permit is unnecessary at our
facility, have we documented that all of our emission sources meet the
exempt or insignificant activity qualifications? Enforcement Exposure:
Up to $1,000,000 flat + potential of criminal prosecution
a. Yes, an air permit is unnecessary at our facility and we have the
documentation to prove it
b. We believe an air permit is unnecessary at our facility, but we have no
way of proving it
c. No, we have not determined if an air permit is necessary at our
facility
d. Unsure
14. If we have a liquid product exceeding 1320 gallons
in one or more containers (size of 55 gallon drums or larger), do we have a written Spill Prevention,
Control and Countermeasure (SPCC) Plan for our facility? Enforcement
Exposure: $25,000
a. Yes, we have a written SPCC Plan
b. We have an SPCC Plan, but it does not cover all required products
c. No, we do not have a written SPCC Plan
d. Unsure
15. Have we rounded out our OSHA compliance program
with written and/or training programs in lockout/tagout, respirator
training, bloodborne pathogens, forklift and confined space permitting? Enforcement
Exposure: $7,000 - $70,000
a. Yes, we have written and/or training programs in all of those areas
b. We have some written and/or training programs in a few of those areas,
but not all of them
c. No, we do not have any written and/or training programs in any of these
areas
d. Unsure
16. Have we screened our compliance requirements
against the four threshold categories: inventory, annual usage, emissions,
permissible exposure limits (PELs)? Enforcement Exposure: $32,400 per day
a. Yes, we meet our current compliance requirements regarding these four
threshold categories
b. We screen our compliance requirements against some of the four
threshold categories
c. No, we do not screen our compliance requirements against any of the
four threshold categories
d. Unsure
17. Regarding Form R reporting from compliance year 2000 forward, have we
included Persistent Bio-Accumulative Toxins (PBTs) and Polycyclic
Aromatic Compounds (PACs) with lowered thresholds as part of our due
diligence? Enforcement
Exposure: $27,500/chemical/year
a. Yes, we are aware of the change and are prepared to adjust our Form R
reporting accordingly
b. We do not know how the change affects our Form R reports
c. No, we have not prepared for the change and do not know how to file our Form R reports
accordingly
d. Unsure
18. Are we providing annual employee training on at
least one of the following: EPA's RCRA Hazardous Waste or OSHA?s Hazwoper?
Enforcement Exposure: EPA: $25,000/day; OSHA: $7,000 - $70,000
a. Yes, we conduct Hazardous Waste Training and/or Hazwoper training
b. We provide training, but not on an annual basis
c. No, we do not provide either Hazardous Waste Training and/or Hazwoper
training
d. Unsure
19. Are we executing the proper annual and/or biennial
hazardous waste reporting regulated by our state, based upon our hazardous
waste classification? Enforcement Exposure: $25,000/day
a. Yes, we file the appropriate hazardous waste reports as required by our
state
b. We file reports on our hazardous waste, but are unsure about the extent
of our regulatory requirements at the state and Federal level
c. No, we do not execute the proper hazardous waste reporting
d. Unsure
20. Do we have any of the 140 toxic chemicals in excess of the Threshold Quantity (TQ),
(plus toxics and flammables in excess of 10,000 pounds), and have we completed
EPA's Risk Management Program (RMP) as required under the Clean Air Act
Amendments of 1990? Enforcement Exposure: $25,000/day
a. Yes, we have completed an RMP for the qualifying chemicals at our
facility
b. We do not know which chemicals in our facility qualify for the RMP rule
c. No, we do not have an RMP for the chemicals we know qualify for the RMP
rule
d. Unsure
21. As required by OSHA, have we identified the carcinogens, mutagens and teratogens (CMTs)
used in our facility in order to properly protect our employees and
contract labor from exposure? Enforcement Exposure: $7,000 - $70,000
a. Yes, we have identified all CMTs and have implemented measures to
protect our employees from exposure
b. We have identified some CMTs, but do not know how to protect our
employees from exposure
c. No, we have not identified any CMTs and have not implemented measures
to protect our employees from exposure
d. Unsure
22. Have we conducted training for all employees
assigned to shipping and receiving (collectively, any position related to
the transportation of hazardous materials)? Enforcement Exposure:
$10,000/day
a. Yes, all applicable employees receive hazardous materials training
b. Most (but not all) employees have received hazardous materials training
c. No, we do not conduct hazardous materials training
d. Unsure
23. Do we have any of the 130 toxic or reactive chemicals covered under
OSHAs Process Safety Management (PSM) law in excess of its Threshold
Quantity (TQ), or any flammable chemical or gaseous chemicals
above 10,000 pounds, connected to a process at any point in time? Enforcement
Exposure: $7,000 - $70,000
a. Yes, we have completed a PSM for the qualifying chemicals at our
facility
b. We do not know which chemicals in our facility qualify for the PSM rule
c. No, we do not have PSM for the chemicals we know qualify for the PSM
rule
d. Unsure
24. Have we screened RCRA's 640 Hazardous Waste Codes
against all chemicals in our facility to identify which chemicals are
regulated as hazardous waste? Enforcement Exposure: $25,000/day
a. Yes, we have identified which chemicals are regulated as hazardous
waste and have implemented measures for the proper accumulation, storage
and disposal of hazardous waste generated in our facility
b. We know which chemicals are regulated as hazardous waste, but we do not
understand the proper operational approaches for the proper accumulation,
storage and disposal of hazardous waste generated in our facility
c. No, we have not screened all chemicals in our facility to determine
which are regulated as hazardous waste
d. Unsure
To determine your results:
Add up the total points for the answers you chose (10
points for each "a" answer, 5 points for each "b"
answer, and 0 points for each "c" answer). This will give you
your Total Facility Point Score. To calculate the projected enforcement
fines that could result from your score, assign each "a" answer
0 dollars, each "b" answer $15,000, and each "c"
answer $25,000. Add these dollar amounts to get your Total Projected
Enforcement Exposure. Remember, this is only an estimate of the potential
fines. Actual enforcement penalties could be much higher. See also,
the additional financial setbacks through legal fees. The 1-3
years spent in litigation might be more costly than the fines and legal
fees in "lost opportunity" costs.
Total Possible Points: 250
Total Minimum Enforcement Exposure: $444,500
Your Total Facility Point Score: ________________
Your Total Projected Enforcement Exposure:
______________
For legal fees, multiply dollar figure above by 30%
(early settlement), 50% (if gone to trial), then add the two numbers
together for the overall total exposure: $_______________
Because nobody looks good in horizontal stripes
EHS NEEDS ASSESSMENT PROFILE
Using what you have learned from "Rate Your Risk," move right on
to the EHS Needs Assessment Profile. Please
fill this profile out and submit it to us online so we can decide how to
serve you best. If you wish, print a copy
and fill it out manually to mail or fax to the Vanguard Corporate office.
Vanguard will respond accordingly to either meet with you in person, speak
by telephone, or perhaps, set up a video teleconference. Vanguard stands
ready to serve you in a variety of ways. Just let us know how you would
like to be served or, if you wish, defer to one of our Regulatory
Specialists throughout the United States, to "ask the right
questions" to help you define your company's compliance needs in
partnership fashion. Just think "TQEM," (Total Quality Environmental
Management) - Turn Key Compliance…Coast
to Coast!
CONTACT US
Email: webmaster@vanguardenvl.com
(918) 641-5588 (Worldwide)
Fax: (918) 641-0663
 
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