ISO 9001 Standard / ISO 9001 Standards – ISO 9000 Standard / ISO 9000 Standards Certification & Implementation

ISO 14001:2004 Evaluation of compliance

This clause has been separated from 4.5.1 and includes two sub-clauses, as well as clarification and an addition to the ISO 14001:1996 standard. Included in Clause 4.5.1 of ISO 14001:1996 was a requirement for the organisation to periodically evaluate compliance with relevant (now applicable) environmental legislation and regulations. This requirement has been retained in Clause 4.5.2.1 of the revised standard. In Clause 4.5.2.2, ISO 14001:2004 includes evaluation of compliance with other requirements to which the organisation subscribes, which was not specifically required by ISO 14001:1996. This clarification also includes a requirement for records of periodic evaluations of compliance to be kept.

The UK-based Institute of Environmental Management and Assessment (IEMA) has published an opinion that this means that compliance against each and every piece of legislation / regulation relating to an organisation’s environmental aspects will need to be evaluated before it can be considered to be in conformity with ISO 14001: 2004; it will not be acceptable for organisations to claim that the periodic evaluation will be covered by their internal EMS audit program at some future date.

This has always been one of the most difficult issues in ISO 14001:2004, and organisations will need to review and revise their compliance procedures to ensure that they meet these new requirements.

SUMMARY OF CHANGES TO ISO 14001:2004

ISO 14001:2004 aims to clarify the 1996 edition and align it more closely with the ISO 9001:2000 standard. Some clauses have not been modified for content but have been rewritten to align ISO 14001:2004 with the format, wording, and layout of ISO 9001:2000 and to enhance the compatibility between the two standards.

References in Annex A of the standard are aligned with the numbering in the standard for ease of use. Annex B of the standard identifies similarities and associations between ISO 9001:2000 and ISO 14001:2004.

An important change in wording throughout the revised standard appears in requirements that previously stated that an organisation shall “establish and maintain”; these have now been changed to “establish, implement and maintain”.

Throughout the standard the word “personnel” in the original standard is replaced with “persons working for or on behalf of the organisation” in the revised standard. This is included to ensure that external contractors and applicable suppliers are included under the requirements of certain clauses.

In developing, implementing and maintaining the organisation’s EMS, significant environmental aspects, applicable legal requirements and other requirements to which the organisation subscribes must be considered, and management must ensure the availability of resources.

There are additional paragraphs in the introduction, which generally cover:

• the aim of the ISO 14001:2004 standard is to enhance compatibility with ISO 9001:2000;

• alignment is improved between clause references and supporting Annexes. For example, 4.3.3 and A.3.3 both deal with objectives, targets and programme(s), and 4.5.5 and A.5.5 both deal with internal audit;

• an explanation of the Plan-Do-Check-Act (PDCA) model used in ISO 9001:2000;

• the use of the process approach is promoted in alignment with ISO 9001:2000;

• possible alignment and integration with other management systems is reviewed.

The Benefits To Integrate ISO 14001:2004 and ISO 9001:2008

Reduce the time and cost of implementing the new specification by acquiring a concise, yet thorough understanding the scope of ISO 14001:2004 and key terms.

Avoid spinning your wheels by learning precisely which modifications and additions to ISO 14001:2004 require your attention for compliance with ISO 9001:2008.

Get a quick handle, through hands-on activities, on the environmental aspects of ISO 14001:2004, including how to:
- Develop an environmental policy statement appropriate for your company
- Integrate processes for identifying environmental aspects and impacts
- Identify environmental objectives, set related targets, and establish programs for achieving results
- Integrate environmental responsibilities and authorities into a management system
- Outline an environmental awareness and training program
- Establish environmental metrics and indicators for monitoring performance
- Integrate requirements on non-conformance and corrective and preventive actions into your existing system
- Understand the purpose and scope of the environmental management review
- Integrate document control requirements of ISO 14001:2004 into your current system
- Identify those operations that need to be controlled under EMS and identify emergency operations and contingencies that must be considered as part of EMS

Get off to a running start by learning to use a versatile prioritization matrix to identify and prioritize significant environmental aspects and impacts.

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- Multiple learning channels through lecture, coaching, group activities, innovative learning exercises and case studies.
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The requirement to establish a procedure for periodically evaluating compliance with applicable legal and other requirements falls short of specifically requiring regulatory compliance audits but, in fact, a system of regular regulatory compliance audits may be the most practical means for meeting this requirement of the standard. In the U.S., determination of whether to conduct a compliance audit will be governed in part by the particular jurisdiction’s approach to allowing a legal privilege for the self-assessment audit.

Evaluation vs. Audit – The difference between an evaluation and audit can only be determined by looking outside of ISO 14001. Consulting a dictionary reveals that an evaluation involves a determination of value or worth and that an audit is an examination of accounts done by persons appointed for the purpose. A better definition `is the more specific ISO 19011:2002, Guidelines for Quality and/or Environmental Management Systems Auditing, which defines an audit as a “systematic, independent, and documented process for obtaining audit evidence and evaluating it objectively to determine the extent to which the audit criteria are fulfilled.” Many organizations do not have a system for evaluating regulatory compliance other than their own records and the inspections of regulatory officials. This lack of a verification system can be a risky way to operate. Reports of enforcement actions and consent agreements show that many organizations are blindsided by rogue employees who violate rules and falsify documents to cover up environmental misdeeds. Although ISO 14001 does not prescribe a specific approach to evaluation of regulatory compliance, organizations should consider methods for going beyond verification of records by collecting and evaluating physical evidence.

ISO 14001 Section 4.5.4, Environmental Management System Audits, requires that organizations establish and maintain programs and procedures to conduct periodic EMS audits. The EMS audits must determine if the EMS:

• is properly implemented and maintained

• conforms to the planned arrangements

• meets the requirements of the ISO 14001 standard.

ISO 14001 Section 4.5.4 requires the programs and procedures to define:

• audit scope

• audit frequency

• audit methodologies

• responsibilities and requirements for conducting audit

• communication of the audit results.

The requirement of ?4.3.1 of ISO 14001 is to establish and maintain procedures 1) for identifying the environmental aspects of the organization’s activities, products, and services that it can control and those that it can influence and 2) for determining which of those aspects have or can have a significant impact on the environment. Understanding the requirement of this element of ISO 14001 is central to understanding the concept of an environmental management system.

1 .A single manufacturing facility has potentially hundreds of environmental aspects. How far must it go in identifying its environmental aspects to satisfy the terms of the requirement? ISO 14001 specifies that the organization is to identify those aspects that it can control and those that it can influence and that it must also take into account planned or new developments and new or modified activities, products, and services. These stipulations in the requirements, without actually drawing boundaries on how far the organization must go in identifying environmental aspects, at least establish some categories of aspect that must be considered. Beyond this principle, each organization must identify its aspects comprehensively enough so as to not fail to identify a significant aspect or a legal requirement. An objection to comprehensive identification of aspects is that the organization may become so immersed in aspects identification that it loses sight of the end objective of the procedure, which is to determine significance.

2.  Significant impact is not a stand-alone term in ?4.3.1.

It is accompanied by the phrase impact on the environment_ and environment_ is a defined term (see definition of environment,  ?3.5). Significant aspects, then, are those environmental aspects that have or can have significant impacts on air, water, land, natural resources, flora, fauna, and humans. The organization determines, using its own criteria, what magnitude of impact on these seven environmental receptors constitutes a significant impact. Whether an aspect is regulated is not intended to be a factor in determining significance.

3.  Proper execution of the environmental aspects procedure is important, in part, because it lifts environmental management out of the regulatory compliance mode and into the mode of systematically  identifying environmental aspects and impacts and considering their consequences for the environment, irrespective of regulation. The organization that rigorously applies the environmental aspects procedure discovers many opportunities to improve environmental performance that regulation does not address, including: 

 • Use of energy 

• Consumption of materials

• Environmental impacts of employee activities

•Environmental impacts of products and by-products post-manufacture, including distribution, use, reuse, and disposal

• Environmental impacts of services

• Unregulated waste streams such as carbon dioxide

 Aspects vs. Impacts  – Environmental aspects and environmental impacts differ by definition from one another in that an aspect is an element of an organization’s activities, products or services that  can interact (emphasis added) with the environment_ while an impact is any change (emphasis added) to the environment_ resulting from an organization’s environmental aspects._ An  aspect,  then, is a precursor to an impact and an  impact occurs when the aspect interacts with and changes the environment. 

When identifying its aspects and impacts, the organization may find that there are more than one potential impacts associated with any given aspect. For example, an environmental aspect of a coal-fired power generation facility is stack emissions containing sulfur dioxide, nitrogen oxides, mercury, and carbon. These emissions change the environment and become impacts by contaminating plants, soil, and surface waters; contributing to the formation of ground-level ozone; causing or exacerbating heart and lung disease in humans; entering the aquatic food chain and impairing reproductive, immune, and endocrine systems; and contributing to the increase in atmospheric carbon dioxide leading to global warming. One aspect, stack emissions, then can generate at least five impacts.

Other organizations, applying benefit/cost analyses to their corrective actions, may discover that creation of a beneficial impact provides a greater environmental benefit than elimination of an adverse impact. 

The introduction of the beneficial environmental impact concept into the ISO 14001 Terms and Definitions suggests that it was considered by some of the ISO 14001:1996 drafters as a placeholder for the future possibility of offsetting adverse impacts with beneficial and, on balance, achieving an environmentally neutral organization.

 Control and Influence – The environmental aspects procedure requires the organization to identify those environmental aspects that it can control and those that it can influence._ Circumstances where control and influence are considered separately can occur where the environmental aspects of products or services are concerned. Some examples illustrate the case:

1.  No control, no influence  –  When an organization manufactures a product, such as lumber, and sells it to a customer that can use the product in any way that it wishes, the organization has no control over the environmental aspects of the product’s use. The customer could use the product benignly as in the manufacture of a table or to damage the environment by burning the lumber and releasing its carbon into the atmosphere. In this case, the organization would not be expected to have either control or influence over the environmental aspects of the product.

2.  Control, no influence – When an organization’s environmental aspect is the use of electric power generated from coal, it may be able to control its use of electric power by using less, by buying from a different, less environmentally damaging source, or by generating its own power. Rarely, however, does the organization have influence over the power generator to an extent that it could influence it to reduce the environmental impacts of power production.

  3.  Influence, no control –  When an organization manufactures a product, such as an automobile, which is sold to the customer without restrictions on its use, the organization may be said to have no control over the environmental aspects of the product’s use. The organization may, however, be able to assert influence with the inclusion of owner’s manuals containing instructions for low impact use of the product.

4.  Control and influence – When an organization buys a product built to its specifications, it has control over the products’ environmental aspects in the sense that it can determine the environmental aspects of the product. In this case, control also includes influence.

Significant Impacts – ISO 14001 does not provide guidance as to what constitutes a significant impact on the environment_, leaving that determination to the organization. 

Many organizations ignore the qualifying phrase, impact on the environment_, and add additional criteria to what they determine to be significant impacts. For example, many organizations decide that aspects that are the  subject of regulation, irrespective of impact to the environment, or that can cause damage to business reputation, are significant. Legal requirements, however, are identified in ?4.3.2 and legal requirements and business requirements are specifically considered when the organization establishes its objectives and targets (?4.3.3). Adding criteria that are not relevant to impact on the environment in the determination of significance distorts the outcome of procedures for environmental aspects and objectives and targets by giving these criteria undue weight in the determination of significance. For example, an environmental aspect that is significant only because its disclosure might affect the organization’s reputation is best dealt with in the Public Relations Department rather than as an environmental aspect. 

Determination of significance is a yes or no question, not a determination of relative value. It is possible, therefore, that the execution of the environmental aspects procedure will result in the determination that the organization has no significant aspects. While the organization may elect to rank its aspects from most significant to least significant, that does not necessarily mean that any rise to the level of significant impact on the environment.

 Where the impact occurs can be material to determination of significance. For example, a coal-fired power plant’s air emissions can interact with the environment; these emissions are clearly environmental aspects. Whether they significantly impact the environment may depend upon where the interaction with the environment occurs.

Part of the importance of establishing significance lies in the fact that the potentially significant environmental impacts become a focus of Objectives and Targets (?4.3.3), Competence (?4.4.2), Operational Controls (?4.4.6), and Monitoring and Measurement (?4.5.1) requirements.

An organization that determines that aspects are significant because of regulation or business reputation increases the amount of work it must do in these areas.

 ISO 14001 does not require the organization to establish objectives and targets for each significant environmental aspect. On the one hand, the absence of a requirement to set objectives and targets for all significant aspects gives organizations latitude to conform to the requirements of ISO 14001 while not presently dealing, for example, with the significant environmental aspects of products. On the other, a requirement to establish objectives and targets for all identified significant aspects could easily overwhelm an organization having many significant aspects. Without this latitude, organizations might choose to ignore the existence of significant aspects that they believe are insurmountable or even decide not to implement ISO 14001. As it is, many organizations choose to deny the existence of significant aspects about which they feel they can do nothing.

Who was involved in determining aspects?

Were air emissions, posshible ground and surface water contamintation, landfill issues, use of natural resources, raw materials and energy considered as well as community issues such as noise, traffic and odor?

Does the decision making process take into consideration the amount of control and influence the organization has over its aspects? Look for procedures.

How/when are aspects reviewed and maintained; changes to processes, changes to regulations, introduction of new raw materials?

Does the documentation reflect this change?

Legal and other requirements – Has the organization established, implemented and do they maintain a procedure(s) to identify and have access to the applicable legal requirements and other requirements to which the organization subscribes, related to its environmental aspects and determined how these requirements apply to its environmental aspects?

What is the procedure regarding this requirement? How does the organization know what regulations and requirements they may be subject to? Do they subscribe to industry newsletters or websites? Do they have a third party environmental service monitor regulations for them and alert them as to any changes?

Is there a list of applicable rules and regulations?

Who is responsible for keeping this information updated and current?

Does the list include any voluntary standards?

How does the organization ensure it is complying with these regulations?

Speak with people in the organization to determine if they are aware of any regulations.

Did the organization consider national, international, state and local rules and regulations?

Does the organization have any agreements with public authorities, or with customers?

Do they subscribe to any voluntary guidelines or industry practices such as Responsible Care?

What process does the organization have for reviewing requirements to make sure they are current in the face of changing processes and business requirements?

Do regulations include such things as Federal Title V or Synthetic Minor, State Emissions Inventory and Permit Fee Program, Regulated Toxic Air Pollutants ENV-A 1400, SARA Title III Toxic chemical releases, SARA Title II Tier II report, Federal EPA clean water act, National Pollution Discharge Elimination systems (NPDES) and Storm water program permit?.

Check the organization’s objective and targets to determine if requirements are included. Was the selection of significant aspects based partially on applicable legal requirements and other requirements?

Objectives, targets and programs – Are the objectives and targets measurable, where practical, and consistent with the environmental policy, including the co mmitments to prevention of pollution, to compliance with applicable legal requirements and with other requirements to which the organization subscribes, and to continual improvement?

How does the organization develop objectives and targets? Who is responsible for developing them? What types of things were taken into consideration during development? Were reducing the creation of waste, reducing the release of specific elements to the air, reducing ground water contamination, reducing use of raw materials by reducing rework and scrap, taken into consideration? Was promoting awareness within

the organization and the surrounding community considered?

Do the objectives and targets reflect the vision of the EMS policy? Are they consistent with the policy?

Do they include commitments to the prevention of pollution and compliance with applicable rules, requirements and

regulations?

Have measurable targets been defined? If not, why not?

Are targets both short and long term?

What factors does the organization consider in setting objectives and targets? How are significant impacts considered? Are legal and other requirements, available technology, financial, operational and business requirements considered? Were interested parties involved in the development of objectives? If so, how?

How were objectives developed? Who participated in their development?

Has the organization established, implemented and does it maintain a program(s) for achieving its objectives and targets, including designation of responsibility for achieving objectives and targets at each relevant function and level of the organization and the means and time-frame by which they are to be achieved?

What plans have been developed to achieve objectives and targets? Do plans include responsibility for achieving the objectives and targets? Do plans reflect objectives and targets at lower levels of the organization? Does the plan include its own targets and timelines for reaching them?

Look at plans. Is there one for every objective and target? What happens when something doesn’t go

according to plan? Is corrective action taken?

How is management kept informed of the progress towards the targets?

How are employees informed of the progress towards the targets?

Look for graphs, information in newsletters, meeting minutes, and posters.

How does the organization plan to achieve objectives and targets?

Have responsibilities been defined?

Have time lines been defined?

How is progress monitored? Is it measurable?