CONTRACTORS GUIDE TO DEVELOPING AN ENVIRONMENTAL PROGRAM

Transcription

1 CONTRACTORS GUIDE TO DEVELOPING AN ENVIRONMENTAL PROGRAM DRAFT May 2014 The Assciated General Cntractrs f America

2 Cpyright 2004 The Assciated General Cntractrs f America, Inc. The publisher hereby denies permissin t reprduce this publicatin r any part theref in any frm r by any means withut the publisher s written permissin. DISCLAIMER This dcument has been develped t prvide cnstructin cmpanies with a resurce fr develping an envirnmental prgram that supprts envirnmental cmpliance and achievement f cmpany bjectives. This dcument cntains a general verview and recgnizes that different rganizatins have different needs depending n the envirnmental requirements f the wrk they perfrm and the nature f the rganizatin. It is intended t be infrmative and streamline the prcess f develping an envirnmental prgram. This dcument des nt in any way establish an industry standard r make specific recmmendatins. The cntributrs f this dcument d nt make any guarantees r assume liability fr its use. This dcument is nt a summary r statement f wrk r ther business practices required by any gvernment r ther public bdy, r intended t prvide legal, medical, r ther prfessinal advice. This dcument is nt an exhaustive treatment f the subjects that it cvers. This dcument is prvided with the understanding that the publisher is nt engaged in rendering legal, medical, r ther prfessinals services n behalf f any party, either fr that party s wn prtectin, r fr the prtectin f third parties. The Assciated General Cntractrs f America, Inc. assumes n liability fr reliance n the cntents f this dcument. The examples included in this dcument are prvided slely and exclusively fr instructinal purpses. If prfessinal advice r expert assistance is required, the services f a cmpetent prfessinal r expert shuld be sught. i

3 ACKNOWLEDGMENTS This guidance dcument was develped thrugh the cllabrative effrt f cnstructin cmpanies lcated in the United States fr the purpse f supprting the envirnmental perfrmance f the prjects they perfrm. Althugh these vlunteers wish t remain annymus, the Assciated General Cntractrs f America (AGC) is grateful fr their cntributin. Thank yu. ii

4 Table f Cntents A Intrductin... 1 B Prgram Outline... 3 C Guidelines fr Develpment and Implementatin Envirnmental Plicy Envirnmental Aspects Legal and Other Requirements Resurces, Rles and Respnsibilities Envirnmental Training Dcument Cntrl Envirnmental Auditing & Evaluatin f Cmpliance D EMS Design Cnsideratins E Summary Additinal Surce f Infrmatin Attachment 1 Self Assessment Tl iii

5 A Intrductin This guide lays ut a basic framewrk fr cntractrs t use in develping an envirnmental prgram fr their rganizatin. It is centered n the cncept f an Envirnmental Management System (EMS) which is a defined management structure and set f prcesses intended t address the impacts f an rganizatin s activities, prducts, and services n the envirnment as well as the rganizatin s envirnmental cmpliance respnsibilities. Fr the purpse f this guidance dcument, the terms envirnmental prgram and Envirnmental Management System are used interchangeably. This guide acknwledges that different rganizatins have varying needs depending n their size, the nature f the wrk they perfrm, and envirnmental risk assciated with the wrk. Hwever, almst all cntractrs in heavy civil engineering cnstructin must cmply with varius envirnmental requirements and have sme prcesses and systems in place t meet thse requirements. A prgram can be scalable depending n an rganizatins needs and range frm a simple EMS with basic cmpnents t a rbust and well dcumented EMS that cnfrms t a standard. This guide breaks dwn an envirnmental prgram int seventeen prgram elements (see Sectin B Prgram Outline). Seven f thse are cnsidered cre elements (see Table 1, Sectin B) and discussed in detail in this dcument. An additinal ten elements listed in Table 2, Sectin B can be develped by the cntractr as they expand their prgram. Defined levels (r stages) f develpment f each prgram element are established as the Fundatin Level, Value Added level and Sustainability level. The different levels represent the thrughness r rbustness f the system. Organizatins managing fairly simple envirnmental requirements may meet their needs with prgram elements at the Fundatin Level, while cmpanies managing cmplex envirnmental requirements ver gegraphically dispersed areas may benefit frm a system at the Value Added r Sustainability Level. These guidelines are intended t prvide a flexible framewrk that can satisfy different rganizatinal needs. The prgram elements can be implemented separately and in phases based n the pririties f the rganizatin. The prgram can be develped ver time and eventually lead the rganizatin t a system that cnfrms t ISO 14001, Internatinal Standard fr Envirnmental Management Systems (the sister t ISO 9000). ISO is a widely recgnized standard fr Envirnmental Managements Systems and prvides rganizatins a high degree f flexibility in implementing it. Cntractr Guide t Develping and Envirnmental Prgram 1 DRAFT May 2014

6 Althugh the prgram elements in this guide can be implemented separately, they wrk tgether t frm a system. As an example, Figure 2 shws a simplified flw chart f hw fur f the elements wrk tgether. The first step in the example is t identify activities that can interact with the envirnment (envirnmental aspect). This is fllwed by determining what activities and envirnmental aspects are subject t legal r ther requirements. Frm there an rganizatin can determine what needs t be dne, wh is ging t d it, and what training needs t be cnducted. This is an example f ne sub-system in a large system. Althugh the example may seem straightfrward t the pint f being cmmn sense, ding it cnsistently acrss all peratins and withut cmpliance failures can be a challenge. Element 2 - Identify activities and envirnmental aspects assciated with the prject Element 3 - Identify applicable legal and ther requirements Element 4 - Assign resurces, rles and respnsibilities necessary t meet legal and ther requirements Element 5 - Prvide envirnmental training t individuals with respnsibilities t meet envirnmental requirements Figure 1: Prgram Elements Wrk Tgether Organizatins that take a systems apprach t managing their envirnmental bligatins will be equipped t cnsistently manage cmplex requirements ver multiple peratins and maintain cmpliance. An analgy is managing quality requirements and achieving n nn-cnfrmities. Cntractr Guide t Develping and Envirnmental Prgram 2 DRAFT May 2014

7 B Prgram Outline This guide breaks dwn an EMS int the prgram elements in Table 1. The breakdwn is cnsistent with ISO and nce Level 3 is reached, the prgram elements will cnfrm t ISO (refer t the ISO standard when cnfrming an EMS t ISO). Each prgram element in Table 1 is discussed in mre detail in Sectin D. Table 1: Prgram Elements f an Envirnmental Management System Prgram Element Envirnmental Plicy Envirnmental Aspects Legal & Other Requirements Resurces, Rles and Respnsibilities Cmpetence Training and Awareness Cntrl f Dcuments Evaluatin f Cmpliance Fundatin Level 1 Written plicy primarily fcused n cmpliance Envirnmental aspects identified n prjects thrugh undcumented envirnmental review Legal & Other Requirements identified n prjects thrugh undcumented envirnmental review Prject level assignment f respnsibilities and use f external expertise Training crdinated at the prject level Dcuments cntrlled accrding t prject dcument cntrl prcedures Field inspectins cnducted at the prject level Value Added Level 2 Add additinal envirnmental gals f the rganizatin Add dcumented prcedure fr cnducting an envirnmental review Add dcumented prcedure fr cnducting a pre-jb envirnmental review and crprate envirnmental manager expertise available Add internal envirnmental structure with crprate envirnmental manager Add training crdinated at the crprate level Add dcuments cntrlled accrding t standard prject dcument cntrl prcedures Add independent cmpliance evaluatin using standard practices Internal Audit Nne Infrmal review f management prcess by crprate envirnmental manager Sustainability Level 3 Add cmmitment t cntinual imprvement, pllutin preventin and sustainability bjectives Add written prcedure that cnfrms t ISO Add written prcedure that cnfrms t ISO Add written prcedure that cnfrms t ISO Add cmprehensive training in line with the envirnmental gals f the rganizatin Add written dcument cntrl prcedure that cnfrms t ISO Add written prcedure that cnfrms t ISO Add system audits that cnfrm t ISO Cntractr Guide t Develping and Envirnmental Prgram 3 DRAFT May 2014

8 Table 2 shws additinal prgram elements that can be cnsidered in develping an EMS. Table 2: Additinal Prgram Elements f an Envirnmental Management System Prgram Element Fundatin Value Added Sustainability Cmmunicatin Management Review Operatinal Cntrls Infrmal cmmunicatin channels fllwing rganizatinal reprting structure. Citatins reprted t crprate ffice Management reviews significant events Prject level envirnmental cntrl prcedures Add significant envirnmental issues reprted t the crprate envirnmental manager Add crprate envirnmental manager t prvide input t management teams Add cmpany standard perating prcedure and guidance Add written cmmunicatin prtcl that cnfrms t ISO Add written prcedure fr cnducting a frmal management review that cnfrms t ISO Add written prcedure that cnfrms t ISO Objectives, Targets, and Prgrams Mnitring and Measurement Dcumentatin (f envirnmental prgram) Emergency Preparedness and Respnse Nncnfrmity and Crrective Actins Cntrl f Recrds Objective is cmpliance Prject level prcedures fr mnitring envirnmental parameters Nne Prject level emergency respnse prcedures Prject level review f nncnfrmity/nncmpliance and fllw-up up actins Recrds cntrlled accrding t prject dcument cntrl prcedures Add envirnmental gals fr the rganizatin Add cmpany prcedures fr mnitring parameters related t cmpany gals Add general descriptin f envirnmental management prgram Add standard cmpany prcedures Add review by crprate envirnmental manager t ensure preventin at ther lcatins Add recrds cntrlled accrding t standard prject dcument cntrl prcedures Add written prcedure fr establishing Objectives, Targets, and Prgrams that cnfrms t ISO Add written prcedure that cnfrms t ISO Add dcumented Envirnmental Management System that cnfrms t ISO Add written prcedure that cnfrms t ISO Add written prcedure that cnfrms t ISO Add written recrd cntrl prcedure that cnfrms t ISO Cntractr Guide t Develping and Envirnmental Prgram 4 DRAFT May 2014

9 C Guidelines fr Develpment and Implementatin 1 - Envirnmental Plicy Intrductin The envirnmental plicy is the fundatin f a cmpany s cmmitment t managing resurces and cnducting infrastructure develpment in an envirnmentally respnsible and cmpliant manner. The plicy brings t life an rganizatin s envirnmental plans and cmmitments. The envirnmental plicy is management s declaratin f cmmitment t the envirnment. The plicy shuld serve as the fundatin f the rganizatin s envirnmental prgram and prvide a unifying visin f envirnmental interest by the entire rganizatin. As such, upper management shuld prvide vcal supprt and cmmitment t the plicy f the rganizatin. The benefit f develping and implementing an envirnmental plicy results in an entire rganizatin recgnizing and cmmitting t envirnmental gals and bjectives. Other benefits f having a frmal envirnmental plicy include a greater degree f cnfidence with emplyees, prject wners and stakehlders, as well as market credibility and image. The fllwing sectins describe levels f an envirnmental plicy. The first level, the fundatin level, invlves plicy creatin that is primarily crdinated at the prject level. Next, in the value added level, creating plicy and administratin is crdinated at a crprate level t ensure cnsistency and thrughness f the plicy and its cmpnents. Finally, in the sustainability level, finalizing and expanding upn the plicy includes all aspects f the previus levels, as well as incrpratin f specific envirnmental gals, measurements, and bjectives that the cmpany may have beynd basic regulatry cmpliance. Fundatin Level Envirnmental plicies at the fundatin level: Sets ut the cmpany s basic cmmitment t the envirnment and envirnmental cmpliance. Shuld be simple and understandable. During plicy develpment, ask: What are we trying t achieve? Hw can we best cmmunicate this t the rest f the rganizatin? Will we d what we said we wuld? Shuld be incrprated int the verall cmpany plicy statement. Shuld be clearly cmmunicated. Optins fr cmmunicating yur plicy internally include: Psting the plicy arund the rganizatin Cntractr Guide t Develping and Envirnmental Prgram 5 DRAFT May 2014

10 Incrprating it int training classes and materials References t the plicy at staff r hands-n meetings Internal cmpany website r Intranet When creating yur envirnmental plicy, cnsider wh shuld be invlved in develpment and best prcess fr implementatin. Input frm a range f peple in the rganizatin will increase cmmitment and wnership. Value Added Level Envirnmental plicies at the value added level: Incrprate plicy amendment t mre accurately reflect imprvements t their envirnmental prgram. Fr example, at the fundatin level an rganizatin may feel that their envirnmental prgram can nly realistically cmmit t cmplying with laws and regulatins. This way, they avid nncmpliance with envirnmental issues such as disputes, vilatins, litigatin, liability, and risk. As the rganizatin experiences beneficial results frm their fundatin level envirnmental prgram, they may want t cnsider increasing their envirnmental gals and expectatins by adding additinal cmpnents t their envirnmental plicy. Examples f additinal cmpnents include: The rganizatin s cmmitment t cntinually imprve envirnmental perfrmance, backed by specific gals r measurements Stating intended imprvements t pllutin levels during peratins Sustainability Level Envirnmental plicies at the sustainability level: Make further cmmitments t achieving sustainable peratinal results (i.e. specific examples f minimizing envirnmental impacts, running prjects with sustainable gals and bjectives). Shuld reflect imprvements in their prgram thereby dcumenting and memrializing cntinual imprvements in their envirnmental perfrmance. Shuld serve as the framewrk fr setting envirnmental bjectives and targets during creatin f an rganizatin s envirnmental management system (EMS). Will cntain three key cmmitments, as required by ISO EMS requirements: Cntinuus imprvement Pllutin preventin Cmpliance with relevant laws and regulatins Cntractr Guide t Develping and Envirnmental Prgram 6 DRAFT May 2014

11 2 - Envirnmental Aspects Intrductin Envirnmental aspects are described by the Internatinal Standards Organizatin (ISO) as elements f an rganizatin s activities, prducts r services that can interact with the envirnment. ISO further ntes that significant aspects are thse that have significant impacts n the envirnment. Generally speaking, fr cnstructin wrk, the envirnmental interactin f cncern is any adverse impact that might ccur t the prject r surrunding envirnments by cnstructin peratins. In cntrast t safety and health effrts, which are largely fcused within the jbsite, envirnmental cncerns must address areas bth inside and utside the wrk r prject perimeter. In rder fr an rganizatin t manage envirnmental impact, all envirnmental aspects must be identified and evaluated. While sme aspects may be bvius, thers may nt. Fr instance, dust generated n a cnstructin site might be quickly identified as an envirnmental aspect, while diesel particulates and exhaust gases frm idling equipment might be initially verlked. Again, aspects are all the activities, prducts and services f a business which interact with the envirnment. T facilitate effective identificatin f envirnmental aspects, many rganizatins chse t categrize aspects accrding t specific envirnmental media impacted. Fr example, a gd starting pint might be t cmpile a list f all emissins t air generated by prject peratins. Dusts, mists, and gases, might cnstitute the first list. A separate list fr releases t water r waterways might fllw. Still anther list f aspects culd be all spills r releases f hazardus materials t land. The prcess f identifying subject aspects t regulatins will generally prgress frm thse that are bvius and t thse that are nt-s-bvius and impact the envirnment ver a lnger perid f time. Fundatin Level Identificatin f envirnmental aspects at this level wuld: Fcus n bvius and immediate impacts Fllw bvius categries f envirnmental media (air, land, water) Generally have bservable impacts n envirnmental media Be assciated with impacts that can be cntrlled 100% by a business entity (spills t land r water, bservable emissins) Be assciated with errrs r deviatins in existing business prcesses Cntractr Guide t Develping and Envirnmental Prgram 7 DRAFT May 2014

12 Value Added Level Identificatin f envirnmental aspects at this level wuld: Be assciated with mre lng-term impacts t the envirnment Include analyzing existing prcesses frm the perspective f reducing envirnmental impacts Initiate best practices t prevent r eliminate errrs and prcess deviatins Sustainability Level Identificatin f envirnmental aspects at this level wuld: Include a brader cnsideratin f envirnmental aspects adversely (fr example, clearing trees in land develpment) Include aspects that impact the envirnment n a glbal scale (fr example, glbal warming) Cnsider aspects in light f cnservatin f natural resurces (fr example, energy use) Cntractr Guide t Develping and Envirnmental Prgram 8 DRAFT May 2014

13 3 - Legal and Other Requirements Intrductin One f the main benefits f an EMS is imprved cmpliance with envirnmental requirements that results frm the planning prcess. Legal requirements refers t laws, regulatins, rules and permit requirements. Other requirements refers t requirements the rganizatin subscribes t r custmer requirements. The Legal and Other Requirements sectin f an EMS is directed at answering these questins: What requirements apply t us? Hw d I knw if they change? Where d I find them? What are we specifically required t d? The first step in answering these questins is t determine which f the rganizatins activities and envirnmental aspects assciated with a prject r industrial activity culd be subject t legal r cntract requirements. It is imprtant that an rganizatin is thrugh in identifying Legal and Other Requirements and understands hw thse requirements apply t its activities. In many cases this requires specialized training and knwledge. Many surces may be used t identify Legal and Other Requirements including cntract terms and cnditins, cmmercial databases, the internet, cmpany meetings, infrmatin frm trade assciatins, direct cmmunicatin with federal, reginal, state and lcal envirnmental regulatry agencies, training classes, cnsultants, and attrneys. Timely access t envirnmental laws, regulatins, and permits/permit cnditins must be prvided t emplyees wh are respnsible fr implementatin f envirnmental requirements. E mail ntificatins, peridic meetings, guidance dcuments, mems, r ther means f cmmunicatin can be used t infrm apprpriate staff f laws, regulatins, and plicy changes that affect peratins. Understanding the cmplex regulatry landscape businesses perate in is ne f the challenges that rganizatins face in perfrming varius types f wrk in multiple regulatry jurisdictins. An EMS establishes a prcess fr ensuring requirements are nt missed r verlked. Fundatin Level In the Fundatin Level, Legal and Other Requirements are identified at the prject level by prject persnnel. The prject persnnel use their wn experience and available resurces (e.g. cnsultants) t adequately identify and understand all f the envirnmental requirements they must adhere t. Cntractr Guide t Develping and Envirnmental Prgram 9 DRAFT May 2014

14 T be successful at the Fundatin Level rganizatins must ensure that prject persnnel have the necessary experience r training t ensure n requirements are missed r incrrectly interpreted. Value Added Level At the Value Added Level prject persnnel still identify Legal and Other Requirements and there is als a crprate envirnmental prfessinal t supprt the prject and prvide expertise. There is als a dcumented prject startup prcess t identify all applicable requirements. Dcumentatin includes checklists and regulatry guidance materials. The prject kickff prcess may als include a cmpany envirnmental prfessinal depending n the nature f the prject and experience f the prject management team. Sustainability Level At the Sustainability Level the rganizatin als has and fllws a written prcedure that cnfrms t ISO which requires that an rganizatin has prcedures t: 1. Identify and have access t the legal and ther requirements applicable t the rganizatin 2. Determine hw these requirements apply t its activities Dcumentatin is maintained f Legal and Other Requirements which includes cmpany plicies, guidance dcuments, permits, plans, cmpliance sftware, and checklists. The rganizatin s prcess fr indentifying and cmmunicating Legal and Other Requirements is rigrus and can be verified thrugh a systems audit. Cntractr Guide t Develping and Envirnmental Prgram 10 DRAFT May 2014

15 4 - Resurces, Rles and Respnsibilities When defining Resurces, Rles and Respnsibilities, it s imprtant t understand the actual meaning f each term within the cntext f the wrk envirnment. Fr the intent and purpse f this dcument, please use the fllwing meanings: Resurces implies the infrastructure, infrmatin systems, training, technlgy, financial, and human resurces alltted t an rganizatin. Respnsibilities pertain t identifying rles within the rganizatin, and the structure f the perfrmance f the envirnmental department. Rles cver the actual perfrmance f the duties, i.e. carrying ut the respnsibilities, and the structure f respnsibilities and duties. Fundatin Level Resurces are assigned and allcated at the prject level. At this level, resurces are minimal, typically cnsisting f a crss-trained prject emplyee assigned t envirnmental cmpliance part-time. Design-Build wrk is usually ut f the scpe f a cmpany at this level withut the influence f a key envirnmental cnsultant. Rles and Respnsibilities f envirnmental duties generally fcus n basic envirnmental cmpliance with cntract requirements and regulatins. The staff envirnmental emplyee capabilities might be supplemented by a cnsultant, depending n needs such as wetland issues that are mre invlved than simply avidance. The envirnmental fcus is n basic tpics such as cmpliance strmwater management, dust cntrl, material strage, husekeeping and waste management. At this level senir management s invlvement is minimal. Value Added Level Resurces At Value Added Level include a crprate level psitin t supprt the prject level envirnmental staff. There is nw crprate expertise t draw frm instead f relying slely n cnsultants r utside experts. The crprate persn acts as liaisn between crprate executives and prject level emplyees. At Level 2, an infrmatin system fr tracking the prject and verall crprate envirnmental cmpliance, as well as deliverables f the envirnmental department is intrduced. Rles and Respnsibility The fcus is brader than just prject cmpliance and mved int setting crprate plicy and standards as well. Crprate standards include perfrming and tracking training at several levels, cmpliance mnitring (tracking vilatins), prviding assistance in addressing vilatins, Cntractr Guide t Develping and Envirnmental Prgram 11 DRAFT May 2014

16 and aviding vilatins. Senir management is supprtive and prvides resurces t perfrm the defined tasks. Sustainability Level At Sustainability Level a cmpany will have mre than ne dedicated crprate staff member with specialized expertise. Fr example, expertise pertaining t hazardus material management, bilgy, water quality, r cultural resurces might be available thrugh crprate staff. In additin, the prject level staff respnsible fr envirnmental duties is prperly trained, and as a result has mre knwledge and cnfidence in their psitin. There is an increased emphasis n pr-active envirnmental risk management, including prper planning and start-up and auditing f prjects, trainings, and seminars. Cnsultants are relied upn t a lesser degree. Resurces are mre training, seminars, specialists, regulatins, and cmpliance are a part f the jb descriptin nt the nly fcus. There are tangible mechanisms in place t measure cmpliance and success f prgram executin. Rles and Respnsibilities At the sustainability level the entire cmpany has a raised awareness f the envirnmental prgram and its cmpnents, as well as their individual rles and respnsibilities within the prgram. There is an emphasis n nt nly envirnmental peple being invlved but als ther disciplines r departments within the cmpany being aware f and taking part in envirnmental tpics. The fcus f the envirnmental prgram has evlved frm merely regulatin/cntract cmpliance and is nw n training and educatin, increasing the presence in the industry as the leader in envirnmental stewardship, and being invlved with legislatin and regulatin writing. At this level, management cmmitment is bvius and perhaps even a senir management level psitin is created. There is nw a written prcedure in place, likely an EMS, and it will cnfrm t ISO and likely be ISO certified. Cntractr Guide t Develping and Envirnmental Prgram 12 DRAFT May 2014

17 5 - Envirnmental Training Emplyee training n envirnmental requirements is a critical element f any envirnmental prgram. Envirnmental requirements can be very cmplex, can change frm jurisdictin t jurisdictin and smetimes are nt bvius frm a cmmn sense perspective. Training can take place at different levels in an rganizatin, anywhere frm field labr t the executive level. The type f training prgram a cmpany needs is dependent upn the type and cmplexity f the wrk it perfrms, the ptential envirnmental impact f the wrk as well as the bjectives f the rganizatin. Training is essential t ensure regulatins are cmplied with and apprpriate envirnmental prtectin measures are maintained n prjects. The fllwing sectins describe levels f an envirnmental training prgram. The first level, the fundatin level, invlves infrmal training that is primarily crdinated at the prject level and tailred t specific needs. Next, in the value added level, training is frmalized and crdinated at a crprate level t ensure cnsistency, cmpleteness and penetratin thrughut the cmpany. Finally, in the sustainability level, training includes all aspects f the previus levels, as well as incrpratin f envirnmental stewardship and envirnmental bjectives that the cmpany may have beynd basic regulatry cmpliance. Fundatin Level Envirnmental training at the fundatin level: Occurs at the prject level. Is infrmal and reactive in nature. Is fcused n individual prject cmpliance needs. Requires a member f the prject management team t be accuntable fr envirnmental affairs and t versee training requirements. Maintains training recrds at the prject level. Typically the training recrds are sign-in sheets fr training held fr a regulatry r wner-mandated requirement. Is cmprised f three cmpnents: Basic training: New emplyee training t meet wner requirements r regulatry cmpliance The prject team is given training that is prject specific, based n regulatry issues. Typical training wuld include spill training and reprting prcedures, as well as site specific cnditins that are addressed either by prject specificatin r prject permit cnditins. Cntractr Guide t Develping and Envirnmental Prgram 13 DRAFT May 2014

18 Specialized training: The persn(s) respnsible fr envirnmental duties such as strm water inspectins, and air mnitring, receive in-depth training. Reminder training: Peridic training, such as tlbx r weekly meetings, wuld include typical ds and dn ts fr the prject. Value Added Level Envirnmental training at the value added level: Is spnsred at the crprate level. Is practive in nature. Occurs at the crprate and prject level. Requires a crprate envirnmental persn n staff. Cvers verall culture while still addressing cmpliance issues. Includes training management persnnel n key envirnmental tpics (i.e. high risk, high expsure). Incrprates nt nly prject specific items, but als Standard Operating Prcedures and cmpany plicy int rientatin/new emplyee training. The crprate envirnmental staff member leads develpment f a frmalized training prgram and crdinates practive training activities. Training is still primarily fcused n cmpliance effrts. The rle f the crprate envirnmental staff member in training in the value added level has five basic cmpnents: Lead prject training effrts Develp, mnitr and review training mdules Train the trainers at the prject levels Supply tls fr r assist with develpment f issue-specific prject training sessins Further awareness in current regulatins Enrich prject training prgrams by being invlved in develpment and updating f standards and regulatins Sustainability Level Envirnmental training at the sustainability level: Is defined by cmmitment t the envirnmental stewardship that was established in the fundatin and value added levels while striving t meet sustainability. Includes all training in the value added level. Cntractr Guide t Develping and Envirnmental Prgram 14 DRAFT May 2014

19 Requires additinal emplyee training t increase awareness amngst the wrkfrce f the imprtance f envirnmental stewardship. Fcuses n areas where the cmpany has specific sustainability gals (i.e. waste reductin). T embrace the gal f sustainability, the training prgram must meet several standards: Implement the training prcedures f the envirnmental management system (EMS), which prvides a framewrk fr all training. Cnduct an assessment f training needs fr bth prjects and cmpany-wide peratin. Prvide training f the EMS t apprpriate individuals. Prvide training n hw t audit and hw t be audited (internally and externally). Prvide training fr preparatin fr regulatry inspectins. Prvide specific and detailed training n sustainability tpics such as waste reductin and idle time restrictins. Prvide training fcused n the meaning f the metrics we deliver t the crpratin and hw t imprve numbers and trends. Incrprate trend analysis data n envirnmental incidents int training. The crprate envirnmental staff member gathers training recrds and maintains a crprate database f training received. Training metric examples, such as percentage f individuals trained, number f management team trained in what areas, is readily available. Cntractr Guide t Develping and Envirnmental Prgram 15 DRAFT May 2014

20 6 - Dcument Cntrl Intrductin As with any effrt, dcuments are a part f all aspects f an Envirnmental Prgram and there needs t be a prcedure t rganize and manage them. Dcuments can be part f generic envirnmental prgrams (air, water, land) and/r thse in a frmal Envirnmental Management System (EMS). Fr example, dcuments that fall int the dcument cntrl regime culd include cpies f permit authrizatins, internal audit dcumentatin, training agendas, r recrds frm an incident. In general dcuments shuld be: Easily lcated, Peridically reviewed, revised as necessary and apprved fr use, Available (current versins) at all lcatins where they are applicable, Remved when they are bslete and assured frm unintentinal use, and Reviewed fr legal retentin requirements. Fundatin Level Dcuments invlved pertain t the aspects n a prject Dcuments are used and managed by prject persnnel Dcuments are kept at the prject Distributin f the dcuments is nt generally addressed and is incnsistent Basic, best management practices such as assigning respnsibility, strage medium and lcatin, and an update prcess are established Additinal best management practices include legibility, dates, and retentin practices Value Added Level There is a frmal system fr managing dcuments. The system addresses all pints shwn in Fundatin Level In additin it cvers distributin, revisin tracking and strage issues The system riginates frm the crprate ffice and applies t all peratins and prject lcatins Applicable dcuments are kept at crprate and the prject Sustainability Level The system addresses all pints cvered in fundatin and value added levels Cntractr Guide t Develping and Envirnmental Prgram 16 DRAFT May 2014

21 In additin there is an Envirnmental Management System cnfrming t ISO in place Dcument cntrl cvers all dcuments required in the EMS The dcument cntrl system is adequate t withstand an audit withut majr deficiencies Cntractr Guide t Develping and Envirnmental Prgram 17 DRAFT May 2014

22 7 - Envirnmental Auditing & Evaluatin f Cmpliance Envirnmental systems auditing and cmpliance evaluatins are tls used t identify the full extent f a cmpany s envirnmental impacts, serve as a gap analysis and determine whether a cmpany is in cmpliance with applicable laws, regulatins, and the expectatins f its stakehlders. Thrugh this prcess a cmpany may als gain an understanding f hw it can sustain and cntinually imprve its envirnmental perfrmance ging frward. Other majr benefits f cnducting envirnmental systems audits and cmpliance evaluatins include mitigating a cmpany s legal and reputatin risks, reducing peratinal inefficiencies and achieving certificatin requirements. During criminal prsecutin, the Department f Justice and the Envirnmental Prtectin Agency cnsider the existence and scpe f envirnmental cmpliance prgrams, which may include an envirnmental cmpliance r system audit. The fllwing sectins describe levels f an envirnmental auditing prgram. The first level, the fundatin level, invlves cmpliance initiatives that are primarily crdinated at the prject level. Next, in the value added level, cmpliance effrts are crdinated at a crprate level t ensure cnsistency and thrughness. Finally, in the sustainability level, auditing and cmpliance includes all aspects f the previus levels, as well as ptential incrpratin f envirnmental prgram certificatins beynd basic regulatry cmpliance. At all levels, auditing will give an rganizatin a means t cntrl itself versus being cntrlled by thers. Being in cntrl allws changes t be made within nrmal budgetary, peratinal and resurce allcatin prcesses. Types f auditing: Envirnmental cmpliance evaluatins are a prcess f examinatins t determine the status f a facility r prject with respect t envirnmental regulatins that apply t it. Envirnmental system auditing is a prcess f determining whether the envirnmental management system (EMS) cnfrms t the standard and has been prperly and effectively implemented. Audit prgrams shuld be reviewed with legal cunsel t assess ptential risk f the audits being used against the rganizatin and measures t mitigate thse risks. Cmpnents f an envirnmental cmpliance audit prgram can cnsist f the fllwing: Objectives Respnsibilities Audit dcumentatin Implementatin (individuals cnducting audit, cmmunicatin, review f infrmatin, meetings, site visit, reprts) Clsure f findings (there is a prcedure t ensure crrectin f any deficiencies) Cntractr Guide t Develping and Envirnmental Prgram 18 DRAFT May 2014

23 Training Systemic review/rt cause analyses Fundatin Level Cmpliance evaluatins at the fundatin level: Take place at the prject in rder t meet prject-specific requirements. Are perfrmed by prject persnnel that have been trained and understand envirnmental regulatins. Cnsist f reviewing prject permits and determining if permit cnditins and recrdkeeping are in cmpliance. Include field inspectins and bservatins. Track and dcument results t ensure fllw-thrugh. Are nt cmmunicated beynd the prject. Value Added Level Cmpliance evaluatins at the value added level: Build n fundatin level evaluatins and are still cmpliance-based. Are perfrmed by a staff envirnmental psitin in additin t prject persnnel. Cnsist f a frmal cmpliance evaluatin prgram (can be part f an EMS) Cmpliance evaluatins can be based n recgnized frmats such as: ASTM E2107 ( r EPA Audit Prtcls ( Require that auditrs have audit training. Track and dcument results t ensure fllw-thrugh and cmpliance, and are analyzed fr patterns. Include summaries that are passed n t upper management. Entail sharing f general summaries thrughut the rganizatin fr the gd f the cmpany. Sustainability Level Cmpliance evaluatins at the sustainability level: Still include the cmpliance evaluatins at the fundatin and value added levels. Intrduce envirnmental system auditing. Via envirnmental systems auditing, lk at the management prcess used t achieve envirnmental cmpliance and ther cmpany bjectives. Cntractr Guide t Develping and Envirnmental Prgram 19 DRAFT May 2014

24 Wuld include auditing the cmpany s envirnmental prgram in additin t cmpliance auditing. Auditing may be dne by third party auditrs as a crss-check n in-huse auditing r in a prgram certificatin (ISO 14000) G beynd agency requirements t thse f the rganizatin that may nt be regulatry. May include: energy and water use restrictins and carbn ftprint reductin. Are shared with executive management fr peridic review f audit cmpliance and fllw-thrugh. Cntractr Guide t Develping and Envirnmental Prgram 20 DRAFT May 2014

25 D EMS Design Cnsideratins An EMS supprts an rganizatin in meeting the envirnmental requirements f its peratins, mitigating envirnmental risks and preparing fr changes t envirnmental laws and regulatins. Organizatins that are subject t envirnmental requirements typically have sme prgrams in place t manage the requirements. The prgram culd range frm a simple EMS (even if it is nt called that) t a very rbust, dcumented EMS. There are many factrs an rganizatin shuld cnsider in designing an EMS fr its peratins such as the size f the rganizatin, the type and cmplexity f wrk perfrmed, the gegraphic area that is cvered, the envirnmental risks assciated with the wrk, the applicable legal and regulatry requirements and custmer requirements. The fllwing steps can be used t guide an rganizatin in designing and develping a structured EMS. Step 1 - Evaluate the current state f the rganizatins envirnmental prgram Step 2 - Evaluate the rganizatinal needs fr an EMS Step 3 - Evaluate the internal benefits f a dcumented EMS Step 4 - Cnsider custmer and prject pre-qualificatin requirements fr an EMS Step 5 - Determine resurce needs fr an EMS Step 6 - Evaluate the csts assciated with implementing an EMS Step 7 - Determine a rugh schedule f expectatins fr implementing the EMS Step 1 - Evaluate the current state f the rganizatin s envirnmental prgram Evaluate where the rganizatin is nw and the current state f its envirnmental prgram. Attachment 1 prvides a self assessment tl that can be used t assist an rganizatin with this evaluatin. Pints are assigned based n the level f each prgram element. The self assessment tl is nt intended in any way t evaluate if the prgram is gd r bad. The number f pints achieved shuld nly be used t place an rganizatin n Fundatin t Sustainability scale (see Step 2 belw). 17 pints = Fundatin Level 34 pints = Value Added Level 51 pints = Sustainability Level At the Fundatin Level an rganizatin has the fundatin f an envirnmental prgram in place. It is run primarily at the prject level and is fcused n regulatry cmpliance. At the Fundatin Level the rganizatin des nt have a frmal EMS in place. Cntractr Guide t Develping and Envirnmental Prgram 21 DRAFT May 2014

26 Difficulty in Managing Requirements Increasing Difficulty At the Value Added Level the rganizatin has cmpnents f a frmal EMS in place. If an rganizatin is successfully perating at the Value Added Level, the envirnmental management system is prductive and pr-active. The Sustainability Level is where the rganizatin has a rbust EMS in place, and is intrducing ideas that g beynd basic cmpliance. At the Sustainability Level an rganizatin wuld likely be able t btain ISO certificatin. Step 2 - Evaluate the rganizatinal needs fr an EMS This step is a critical factr in the decisin making prcess. What are the rganizatinal needs fr lng-term success? Organizatins that have fairly simple envirnmental requirements that are easily managed may be successful at the Fundatin Level; hwever, an rganizatin with very cmplex requirements that are challenging t manage and high wner expectatins may need a Sustainability Level prgram t be successful. Figure 2 belw illustrates the hw an envirnmental prgram needs t align with rganizatin needs as the envirnmental requirements n an rganizatin becme mre cmplex and difficult t manage cnsistently. Prgram nt aligned with rganizatinal needs Prgram supprts rganizatinal needs Fundatin Value Added Sustainability Prgram Level Figure 2: Envirnmental prgrams must be aligned with rganizatinal needs In evaluating its needs an rganizatin can ask itself the fllwing questins: Cntractr Guide t Develping and Envirnmental Prgram 22 DRAFT May 2014

27 Hw large is the rganizatin? Hw many prjects is it wrking n at any ne time? Are the prjects gegraphically dispersed? Is the rganizatin wrking in multiple regulatry jurisdictins? Hw cmplex are the regulatry requirements? What are the envirnmental risks f the rganizatin? What are the rganizatin s custmer requirements? Hw challenging is it t mnitr the envirnmental perfrmance f the rganizatin? There is n exact science in determining the needs f an rganizatin; hwever, answering these questins will stimulate a thught prcess. Step 3 - Evaluate the internal benefits Ding business in the cnstructin industry is shifting t require mre frm cntractrs in terms f envirnmental stewardship. Frm regulatins changing t put mre respnsibility n the cntractr, t prject wners requiring envirnmental plicies and/r prgrams, there is a distinct trend twards strnger envirnmental stewardship in cnstructin. Organizatins shuld cnsider: Operatinal efficiency Benefits related t risk mitigatin Emplyee mral Attractin f ptential emplyees Step 4 - Cnsider custmer and prject pre-qualificatin requirements fr an EMS An Envirnmental Management System can have a psitive effect n bth marketing and prequalificatin cmpetiveness. Public clients wh previusly have been mre cncerned with the lw bid rip and read cntracts are becming mre sphisticated and educated with regards t envirnmental management. They are nw asking mre frm the rganizatins that perfrm wrk n their behalf. Sme clients are even requiring rganizatins t pssess nt nly an EMS, but a registered ISO Envirnmental Management System. Step 5 - Determine resurce needs f the envirnmental prgram The system will require individuals t assume the crdinatr rle at the prject and crprate levels t manage the prgram. An EMS generally dictates an envirnmental manager r directr t versee the EMS implementatin and the prject actins. The versight can nly be effective with tp-dwn cmmitment and supprt. While a dedicated emplyee might be an additin, s t is the visible and tangible backing f executive level emplyees. Cntractr Guide t Develping and Envirnmental Prgram 23 DRAFT May 2014

28 Step 6 - Evaluate the assciated csts Mst f the csts f an envirnmental prgram are related t envirnmental staff necessary t crdinate and supprt the prgram. It is imprtant t nte that the csts assciated with the envirnmental staff maybe ffset by a reductin in csts due t increased efficiency and reduced burden n peratins persnnel. A practive system can supprt smther running f peratins and reduced distractin by envirnmental prblems. Additinally, envirnmental experts can reduce the learning curve f peratins persnnel and eliminate the re-invent the wheel syndrme. Step 7 - Determine a rugh schedule fr implementing the envirnmental prgram The timeline fr implementing an EMS is largely dependent n the level at which the rganizatin is perating at nw, what staffing resurces are available and where the cmpany desires t be. Every rganizatin may apprach prgram develpment and implementatin differently. Sme may develp the prgram gradually while thers may chse t fast track a full ISO cmpliance EMS. There is n right answer; hwever, it is imprtant t have a deliberate plan. Cntractr Guide t Develping and Envirnmental Prgram 24 DRAFT May 2014

29 E Summary This guidance dcument identifies the prcess f develping an envirnmental prgram fr a cnstructin cmpany and recgnizes the varying needs f different rganizatins. As such, it prvides a flexible framewrk that can be adapted fr different circumstances. The apprach presented allws the user t pick and chse frm different prgram elements and levels. It fllws the breakdwn f an Envirnmental Management System fund in ISO 14001, Internatinal Standard fr Envirnmental Management Systems. Cntractr Guide t Develping and Envirnmental Prgram 25 DRAFT May 2014

30 Additinal Surce f Infrmatin The Assciated General Cnstructrs f America: The Cnstructin Industry Cmpliance Assistance Center: Managing Yur Envirnmental respnsibilities: A Planning Guide fr Cnstructin and Develpment, USEPA, 2005: Cntractr Guide t Develping and Envirnmental Prgram 26 DRAFT May 2014

31 Attachment 1 - Self Assessment Tl This tl can be used t help an rganizatin evaluate the current state f its envirnmental prgram. It is nt intended in any way t evaluate if the prgram is gd r bad. The number f pints achieved shuld nly be used t place an rganizatin n Fundatin t Sustainability scale (see Figure 2). Review each Prgram Element and determine if the best fit is Fundatin, Value Added r Sustainability. Assign the crrespnding number f pints and then ttal all the pints. 17 pints = Fundatin f a prgram firmly in place 34 pints = Value added prgram with cmpliance assurance 51 pints = Supprts cmplex requirements ver multiple peratins and sustainable business practices Prgram Element Envirnmental Plicy Envirnmental Aspects Legal & Other Requirements Resurces, Rles and Respnsibilities Cmpetence Training and Awareness Cntrl f Dcuments Fundatin Value Added Sustainability Written plicy primarily fcused n cmpliance Envirnmental aspects identified n prjects thrugh undcumented envirnmental review Legal & Other Requirements identified n prjects thrugh undcumented envirnmental review Prject level assignment f respnsibilities and use f external expertise Training crdinated at the prject level Dcuments cntrlled accrding t prject dcument cntrl prcedures Add additinal envirnmental gals f the rganizatin Add dcumented prcedure fr cnducting an envirnmental review Add dcumented prcedure fr cnducting a pre-jb envirnmental review and crprate envirnmental manager expertise available Add internal envirnmental structure with crprate envirnmental manager Add training crdinated at the crprate level Add dcuments cntrlled accrding t standard prject dcument cntrl prcedures Add cmmitment t cntinual imprvement, pllutin preventin and sustainability bjectives Add written prcedure that cnfrms t ISO Add written prcedure that cnfrms t ISO Add written prcedure fr that cnfrms t ISO Add cmprehensive training in line with the envirnmental gals f the rganizatin Add written dcument cntrl prcedure that cnfrms t ISO Pints 0 = Nt addressed 1 = Fundatin 2 = Value Added 3 = Sustainability Cntractr Guide t Develping and Envirnmental Prgram 27 DRAFT May 2014

32 Evaluatin f Cmpliance Field inspectin cnducted at the prject level Add independent cmpliance evaluatin using standard practices Internal Audit Nne Infrmal review f management prcess by crprate envirnmental manager Cmmunicatin Management Review Operatinal Cntrls Infrmal cmmunicatin channels fllwing rganizatinal reprting structure. Citatin reprted t crprate ffice. Management reviews significant events Prject level envirnmental cntrl prcedures Add significant envirnmental issues reprted t the crprate envirnmental manager Add crprate envirnmental manager wh prvides input t management teams Add cmpany standard perating prcedure and guidance Add written prcedure that cnfrms t ISO Add system audits that cnfrm t ISO Add written cmmunicatin prtcl that cnfrms t ISO Add written prcedure fr cnducting a frmal management review that cnfrms t ISO Add written prcedure that cnfrms t ISO Objectives, Targets, and Prgrams Mnitring and Measurement Dcumentatin (f envirnmental prgram) Emergency Preparedness and Respnse Nncnfrmity and Crrective Actins Cntrl f Recrds Ttal Objective is cmpliance Prject level prcedures fr mnitring envirnmental parameters Nne Prject level emergency respnse prcedures Prject level review f nncnfrmity/nncmp liance and fllw-up up actins Recrds cntrlled accrding t prject dcument cntrl prcedures Add envirnmental gals fr the rganizatin Add cmpany prcedures fr mnitring parameters related t cmpany gals Add general descriptin f envirnmental management prgram Add standard cmpany prcedures Add review by crprate envirnmental manager t ensure preventin at ther lcatins Add recrds cntrlled accrding t standard prject dcument cntrl prcedures Add written prcedure fr establishing Objectives, Targets, and Prgrams that cnfrms t ISO Add written prcedure that cnfrms t ISO Add dcumented Envirnmental Management System that cnfrm t ISO Add written prcedure that cnfrms t ISO Add written prcedure that cnfrms t ISO Add written recrd cntrl prcedure that cnfrms t ISO Cntractr Guide t Develping and Envirnmental Prgram 28 DRAFT May 2014