Atlanta, GA (404) 881-1133

1.  Lack of Industry’s Awareness of Regulatory Compliance Laws

Industry’s problem with regulatory compliance is like the multi-headed monster from ancient mythology.  It’s a formidable foe to conquer.  First of all, most people in Industry aren’t aware of all the laws (60+), evolving by about 30% per year through amendments and newly-enacted legislation.  Of course, this encompasses just those laws imposed upon Industry from the Federal Government through the Environmental Protection Agency (EPA), the Occupational Health & Safety Administration (OSHA), and the Department of Transportation (DOT).  Beyond these federal agencies, companies are also accountable for regulatory offshoots at the state, county, and local levels having jurisdiction over their facility(ies). Beyond each federal law, these three jurisdictions will generally enact related laws specific to geography, climate, density of industry, etc., potentially creating over 200 variations on the regulatory theme for which Industry must execute the proper due diligence, provide defensible documentation, and satisfy compliance as mandated at each jurisdiction accordingly.

Chicago, IL (630) 516-1241

2. Lack of a precision due diligence technology

Even IF people in Industry happen to have a tremendous awareness of regulatory legislation, almost no one seems to possess a precision due diligence system or technology with which to determine which laws require compliance and which laws do not.  A part of this problem is that people do not seem to understand just what constitutes compliance mandates within most laws.  Unfortunately, achieving an adequate compliance status is not a matter of relying on an “expert with a keen eye and a checklist.”  Why?  Virtually all the laws (93% as a matter of fact) are based on three elements;

1. Chemical hazards;
2. Thresholds assigned to those chemical hazards by government agencies;
3. Regulatory rules, or mandates, governing how one’s compliance is to be satisfied.

[Exceptions to this 3-pronged driving force behind laws? Lockout/tagout; Forklift Training; Hearing Conservation; Ergonomics; and Laser Exposure.]

There is a dangerous myth running around American Industry as to just how best to execute one’s due diligence responsibilities.  It is surprising how many companies remain vastly non-compliant, even though their perspective would have them believe their auditing practices have them in top-notch compliance form. For instance, how does the greatest of experts see a threshold?  How does anyone see how hazardous a given chemical hazard is?  How does an auditor perform the aggregate total ruling with his eyes for those 10 laws requiring its mathematical execution?  No matter how skilled an auditor may be, the driving force behind most laws is not that which can be seen by the naked eye, but by those kinds of chemical hazards, thresholds, and mandates having nothing to do with vision.  Incidentally, these are also the same laws having the most financial risk from an enforcement standpoint. 

Cincinnati/Dayton, OH (513) 772-2930

3.  Risk management neglect leaves companies in peril.

Since most people in Industry are unaware of many laws, nor do they have a due technology to conquer their site-specific compliance challenges, risk associated with regulatory compliance, enforcement penalties, and the myriad of laws imposed upon Industry has become a matter of across-the-board neglect when compared to other aspects of a company’s risk management program: IRS/tax matters, various forms of insurance (product liability, workers compensation, property/fire/casualty, fleet/auto, professional liability, legal matters, health/dental benefits, security, personnel risks, etc.  Click here to rate your own company’s EHS compliance risk.

Dallas/Ft.Worth, TX (214) 956-6823

Denver, CO (303) 333-1028

4.  Sr. Mgt’s expectations of EHS Mgr’s may be unrealistic.

We are definitely living in the regulatory compliance age.  It’s obvious that federal, state, county, and local regulatory agencies combined cannot fathom the magnitude of compliance burdens they’ve thrust upon Industry.  Moreover, it’s fairly obvious, due to an overwhelming lack of Sr. Mgt’s awareness relative to those regulatory compliance burdens, the expectations placed on EHS Mgr’s is quite unrealistic.  Since the achievement of compliance excellence requires the collective skills of the professionals listed below, what percentage of EHS Mgr’s in American Industry would actually have such a skills set?

• Chemical & Process Engineers

• Environmental & Labor Attorney

• Highly Analytical Operational Style

• Scientific Due Diligence Researcher

• Legislative Research Professional

• Computer/Spread Sheet Superstar

• Superior Technical Writer

• Immaculate Record Keeper

• Enthusiastic Trainer with Workforce

• Time Mgt. Expert   

• Effective Negotiator with Inspectors

• Excellent Health & Attendance

Detroit, MI (248) 424-7370

Houston, TX (713) 777-9280

5.  Common myths & misconceptions about laws and requirements run rampant.

Myths and misconceptions relative to almost any given company’s compliance responsibilities abound.  Unfortunately, this places the company’s welfare in severe jeopardy, mostly by default.  And a misconception can easily cause a compliance manager to compromise the wellbeing and fiscal stability of his company for years, at least, until an enforcement inspection transpires.  Will Rogers once said, “It’s easier to stay out of trouble than it is to get out of trouble.”  Here are just a few of the more common myths and misconceptions.

• Many people, even those assigned to their company’s regulatory compliance duties, don’t understand the differences in the mission, objectives & interrelationship of regulatory agencies and their compliance laws (i.e. definitions, terminologies, thresholds, mandates);
• Most people in Industry make claims of being in compliance, but have never read the actual laws, nor do they have copies of the laws from which they determine the “who, what, when, where, and why’s” of their company’s compliance;
• Most people are confused as to what constitutes compliance accountability relative to  hazardous substances, threshold categories, facility processes, geographical changes, and more…especially people in the steel and metals industry;
• Many people in Industry hold to false beliefs that their insurance carriers, waste disposal companies, and employment agencies satisfy their EHS compliance requirements;
• Many people in Industry believe that their hazardous waste generator classification (such as Small Quantity Generator – SQG) reduces or exempts them from compliance requirements when the reverse is generally true;
• People in Industry think in only terms of that which can be physically seen and, therefore neglect many compliance laws that carry stiff penalties, [i.e. good housekeeping means compliance excellence]  The fact is…only 7% of laws are based on a visual audit method;

• Many people in Industry believe that, because they’re not manufacturing, they’re somehow exempt from many, if not all, compliance laws;
• Many people in Industry don’t perform critical mandates, i.e. the Aggregate Total Ruling for the 10 laws requiring its execution, fulfilling OSHA’s Hazard Determination Mandate, or developing site-specific written programs as living, working guidance documents which, in turn have tendency to be incriminating.

Kansas City, MO (913) 677-6777

6.  Facts and statistics suggest where focal point for compliance issues should be placed.

• 76% of all enforcement penalties are “paperwork violations” (i.e. permits, reports, record keeping, & site-specific documentation);
• Virtually all compliance laws (93%) are based on 3 things:  chemical hazards, thresholds, and mandates that govern how one's compliance is satisfied;

• 97% of all enforcement penalties in America involve chemical hazards.
• Every 10 minutes, a co. in the U.S. receives an EHS enforcement penalty;
• Average EPA fines:  If < than 60 employees: $44,500;   If > than 60: $115,000.

Los Angeles, CA (562) 864-0140

Milwaukee, WI (262) 898-0850

• Compliance Gap Analysis…precision due diligence through Vanguard’s proprietary technology (3^rd largest chemical data base in U.S.).  This technology affords Vanguard’s engineering staff with the best available and most accurate information so as to be highly effective in behalf of the client’s compliance.  Precision due diligence begets quality to ensure the client receives stellar EPA, OSHA, DOT compliance program.

Minneapolis / St. Paul, MN (952) 346-0754

• Regulatory Compliance Agenda…designed site-specific to each client’s facility as a direct outcome of the Compliance Gap Analysis executed as a part of the client’s due diligence.  As an annually updated blueprint for managing a company’s compliance programs, this tool helps the client in avoiding “overkill” with unnecessary compliance projects.

• Regulatory Calendar and Decision Matrix…an executive summary that further provides the client with the management tools necessary to know which laws require compliance and why; what deadlines must be met; and prioritized action steps to be taken relative to greatest exposure to risk of employee health and safety, environmental protection, and enforcement penalties.

Oklahoma City, OK (405) 843-8113

• Risk Management Against Enforcement Penalties…Yes, it’s important to be a good corporate citizen, as well as protecting the environment and health/safety of a company’s workforce.  But from a pure economic sense – something that drives the very essence of business – eliminating a client’s exposure to crippling enforcement penalties must be a priority.  This is Vanguard’s primary objective in serving its clients.  When written penalty policies go as high as $32,500 per day per violation (EPA), $7,000 to $70,000 per violation (OSHA), or $10,000 per day (DOT), a company must have a weapon in its arsenal to eliminate such exposures.  With the magnitude of these numbers, it’s simply not good enough to “hope” one’s compliance is intact. With Vanguard, a client enjoys peace of mind.

Phoenix, AZ (480) 557-8639

• Legislative Updating….provided as a part of Vanguard’s “mission control” style in managing the client’s EPA / OSHA compliance to the degree that it needs to be managed, especially since the laws are evolving by about 30% per year, either thru amendments or newly-enacted laws. 

St. Louis, MO (314) 872-3026

• Defensible Documentation…Vanguard provides the client with defensible documentation for every service rendered to remain on site at the client’s facility.  This same documentation supports everything pertinent to any given service and becomes an Inspection Showpiece when an enforcement inspection transpires.

Tampa / St. Petersburg, FL (813) 886-9196

• Technical Representation during Enforcement Inspections…Vanguard’s personnel attend audits/ inspections with, and in behalf, of the client to turn such inspections into non-issues.

Tulsa, OK (918) 641-5588

• Environmental Economics…With the strength of the qualitative and quantitative data, doesn’t it make sense to help the client convert compliance lemons into economic lemonade?  The client’s site-specific compliance data discovered as a part of Vanguard’s exhaustive Compliance Gap Analysis becomes a resource for generating a positive impact on the client’s bottom line.  We’re talking about turning investments made in one’s compliance into net gains and profits for the client’s company.  It only makes sense to shrink or reduce the client’s compliance program through strategic product substitutions to less toxic, more environmentally friendly and safer chemical usage.  This is more than just comprehensive regulatory compliance management.  It’s ingenious!

Wichita, KS (316) 269-4620

• Costing Philosophy (Treating the client the way we’d want to be treated!)…Vanguard’s philosophy, technology, and engineering methodology allows a “pricing win-win.”  Because the data is gathered upfront, Vanguard charges a flat-rate fee to keep costs minimized, as opposed to the often-used costing method of excessive billable hours.  Beginning in the 2^nd year of service, most of Vanguard’s services are substantially discounted!  Because of these reasonable fees, both the client and Vanguard establish a long term relationship in which the client’s Regulatory Compliance is placed on autopilot, and compliance reports, permits,   and employee training are satisfied for years, while keeping the client’s personnel focused on his company’s core business priorities.
• ISO 14001 Protocols (Environmental Mgt. System)…Vanguard has been instrumental in executing many clients’ Environmental Compliance Protocols in order that their ISO certification runs smoothly and quickly.  If protocols aren’t in order when evaluation for certification takes place, it can take 18 months or more to bring all the compliance protocols up to speed.

•  ISO 18001 (Safety & Health Component)…a new ISO component for Industry – coming soon!