Top global EHS regulatory changes – February 2024

By: Sydney Sybydlo

Here are a few noteworthy global EHS regulatory changes in February 2024. We cover EHS legislation and standards for over 30 countries and 400 jurisdictions. If you would like to track legislative changes for specific regions, countries, or jurisdictions, we are happy to help. Please send us a request for more information here, and we will contact you shortly. Note that descriptions with an asterisk (*) were generated with artificial intelligence.

• Canada – Federal
• Canada – Alberta
• Canada – British Columbia
• Canada – Nova Scotia
• Canada – Ontario
• Canada – Quebec
• Canada – Saskatchewan
• United States – Federal
• United States – Maine
• United States – Vermont
• European Union
• Austria
• Denmark
• Indonesia
• Mexico
• Philippines

Canada – Federal

,New Principal Document – Canada–Newfoundland and Labrador Offshore Area Petroleum Operations Framework Regulations

First Effective Date: 28 October 2024
Industry Sector: Oil & Gas Industry

According to the government, this document “[addresses] the key aspects of offshore petroleum activities [in the Newfoundland & Labrador offshore areas], from general authorizations and approvals, to decommissioning and abandonment, including technical requirements related to drilling, production, geophysical and geotechnical, and diving activities.”

It “[establishes] modern requirements related to safety, environmental protection and resource management that align with the other offshore area legislation, and domestic and international industry codes and standards. [It] also [codifies] industry best practices and critical mitigations that were imposed by the offshore regulators through other regulatory instruments.”

It replaces the Newfoundland Offshore Petroleum Drilling and Production Regulations. Newfoundland Offshore Certificate of Fitness Regulations, Newfoundland Offshore Petroleum Installations Regulations, Newfoundland Offshore Area Petroleum Geophysical Operations Regulations, and Newfoundland Offshore Area Oil and Gas Operations Regulations. The new document consolidates those regulations into a single “framework” regulation in the Newfoundland offshore area.

The Canada–Nova Scotia Offshore Area Petroleum Operations Framework Regulations similarly governs offshore petroleum activities in Nova Scotia offshore areas. It replaces the Nova Scotia Offshore Area Petroleum Geophysical Operations Regulations, Nova Scotia Offshore Petroleum Drilling and Production Regulations, Nova Scotia Offshore Petroleum Installations Regulations, and Nova Scotia Offshore Certificate of Fitness Regulations. The new document consolidates those regulations into a single “framework” regulation in the Newfoundland offshore area.

Amended Document – Marine Safety Fees Regulations
Amending Document – Regulations Amending the Marine Safety Fees Regulations (Vessel Registry Fees)

First Effective Date: 1 April 2024
Industry Sector: Water Transportation

According to the government, the changes “incorporate updated vessel registry fees, […] include new fees for some services previously provided for free, including a new fee for clients to renew their large vessel registrations, and add 44 fees “(26 fees under the general part, and 18 fees under the Small Vessel Register).”

It also repeals the Vessels Registry Fees Tariff and “[incorporates] updated vessel registry fees into the Marine Safety Fees Regulations.”

Canada – Alberta

New Edition – National Building Code – 2023 Alberta Edition

First Effective Date: 1 May 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

According to its content, this document notably “sets out technical provisions for the design and construction of new buildings” and “also applies to the alteration, change of use and demolition of existing buildings.”

It is a new version of The National Building Code – 2019 Alberta Edition. According to the National Research Council of Canada, the change notably:

• introduces “[encapsulated mass timber construction] into the Code, enabling the construction of wood buildings up to 12 storeys”;
• updates “[accessibility requirements] to reduce barriers related to anthropometrics, plumbing facilities, signage, entrances and elevators”;
• revises “[design requirements for evaporative equipment] to minimize the growth and transmission of Legionella and other bacteria”;
• establishes “[energy performance tiers] to provide a framework for achieving higher levels of energy efficiency in housing and small buildings”;
• strengthens “requirements for the protection of openable windows in residential occupancies”;
• requires safety glazing “in windows and doors where human impact is possible in assembly occupancies [to reduce the hazard posed by wired glass]”; and
• aligns roof access for HVAC equipment “with CSA B149.1, ‘Natural gas and propane installation code’.”

New Edition – National Fire Code – 2023 Alberta Edition

First Effective Date: 1 May 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

According to the National Research Council of Canada, this document notably “establishes fire protection requirements for the safe use and maintenance of buildings” and “applies to the conduct of activities that might cause fire hazards in and around buildings, fire safety at construction sites, the establishment of fire safety plans, and the design, construction and use of storage tanks for flammable and combustible liquids.”

It is a new version of the National Fire Code – 2019 Alberta Edition, NFC(AE). According to the National Research Council of Canada, the change notably:

• consolidates “[fire safety plan requirements] to facilitate compliance and enforcement;”
• >establishes classifications “for 5 widely used water-miscible liquid mixtures to ensure that appropriate fire safety measures are applied in their storage, handling, use and processing”;
• includes measures “to address fire safety during the construction of encapsulated mass timber buildings”;
• adds “new requirements for the storage of medical oxygen in residential buildings and health care facilities”;
• clarifies “prohibited items, such as sky lanterns and barred or locked exit doors”; and
• adds “expanded qualification requirements.”

Canada – British Columbia

New Principal Document – BC Carbon Registry Regulation

First Effective Date: 16 February 2024
Industry Sector: General Industry, Building Management & Maintenance

This document outlines the regulations for the operation and use of the British Columbia Carbon Registry. It applies to operators of regulated operations, project proponents of emission offset projects, and other individuals or entities wishing to hold accounts within the registry.

Key requirements include the application process for account holders, conditions for holding an account, public disclosure of certain information, and procedures for compliance unit transactions. Additionally, it details the suspension or cancellation of participation in the registry, account closure procedures, and transitional provisions for project proponents.*

Amended Document – Greenhouse Gas Emission Reporting Regulation
Amending Document – Carbon Tax Regulation; Greenhouse Gas Emission Administrative Penalties and Appeals Regulation; Greenhouse Gas Emission Control Regulation […] 2024-02-20 Amendments

First Effective Date: 16 February 2024
Industry Sector: General Industry

Changes to the document reflect the province’s transition to an output-based pricing system. They notably introduce new sections governing (1) regulated operations (currently only liquefied natural gas operations), (2) new entrants, and (3) opted-in operations, including application requirements, eligibility criteria, operational criteria, compliance dates, exemptions, and reporting requirements for each. They also:

• introduce registration requirements for certain industrial operations, including what information to include on the registration and how to change registration information;
• update the list of info to be included in an emission report;
• require additional information requirements for linear facilities operations;
• provide what information to include in a corrected emissions report and corrected compliance report;<li>require additional information to include in a compliance report, including reporting on excess emissions;
• provide additional requirements for verification processes for emission reports;
• add new rules governing the use of compliance units to meet compliance obligations;
• add new obligations for operators of regulated operations;
• add new reporting requirements for emissions from certain specified activities;
• list “regulated products”, the production, use, and transportation of which are subject to reporting requirements;
• update the list of emissions categories;
• add to the list of reportable biomass types;
• add a new list of non-biomass that are subject to reporting requirements; and
• provide new equations for calculating emission limits for regulated operators for a given compliance period and the emissions attributable to a regulated operation for the 2024 compliance period.

Additional information is available here.

Amended Document – Emission Offset Project Regulation
Amending Document – Carbon Tax Regulation; Greenhouse Gas Emission Administrative Penalties and Appeals Regulation; Greenhouse Gas Emission Control Regulation […] 2024-02-20 Amendments

First Effective Date: 16 February 2024
Industry Sector: General Industry

Changes to the amended document (previously titled “Greenhouse Gas Emission Control Regulation”) notably remove provisions governing the BC Carbon Registry (it is governed by a new regulation, the BC Carbon Registry Regulation), update the definition of “sequestration project” to include projects that store greenhouse gases or their components, set out rules determining the start and end dates of sequestration projects’ monitoring periods, and remove a rule concerning funded units.

Canada – Nova Scotia

New Principal Document – Output-Based Pricing System Reporting and Compliance Regulations

First Effective Date: 1 January 2023
Industry Sector: General Industry, Building Management & Maintenance

This document applies to owners and operators of regulated facilities, detailing regulations on output-based pricing system reporting and compliance. It outlines requirements for establishing baseline emissions, emissions intensity reduction, and compliance through various means such as fund credits, performance credits, and offset credits. Facilities must submit greenhouse gas emissions reports, compliance reports, and maintain records for seven years. It also addresses periods of standby and decommissioning, with specific protocols for resuming operations or permanently ceasing them.*

Canada – Ontario

New Principal Document – Rehabilitation of Lands

First Effective Date: 1 April 2024
Industry Sector: Mining & Minerals Industry

This document applies to proponents and prior holders of unpatented mining claims under the Mining Act in Ontario, focusing on the rehabilitation of lands.

It outlines standards for rehabilitation, including measures for temporary suspension, inactivity, and closure of mining sites. It mandates progressive rehabilitation reporting, voluntary rehabilitation plans, and financial assurance to ensure compliance throughout the mine’s life.

The regulation also details requirements for Aboriginal consultation, public notices, closure plans, and the role of qualified persons in certifying rehabilitation measures.

Transition provisions for existing and new projects are included, alongside revocation and commencement details.*

It replaces Advanced Exploration, Mine Development and Closure Under Part VII of the Act. According to the government, the changes reflect recent updates to the Mining Act and update the framework that governs the submission of closure plans and site rehabilitation plans following advanced exploration and mine development projects.

Canada – Quebec

Amended Document – Regulation respecting occupational health and safety in mines
Amending Document – Regulation to amend the Regulation respecting occupational health and safety in mines

First Effective Date: 15 February 2024
Industry Sector: Mining & Minerals Industry

According to the government of Quebec, the change notably:

• introduces “specific measures for workers working in [seismic excavations], specifying in particular that the status of seismic excavation must be determined by an engineer, that the risk zone must be delimited, and that only authorized persons can be in the risk zone”;
• “requires training for workers using explosives and acting as blasters in an underground or open-pit mine or in a quarry”;
• establishes that “an explosives management program must be drawn up and applied by the employer to reduce the risks associated with explosives and their use”;
• “adds requirements concerning the transportation of explosives in an underground mine”;
• “adds the possibility of carrying out scaling using mechanized equipment, while complying with a procedure drawn up by an engineer”;
• “specifies that a working face must be examined before drilling is carried out”;
• “makes it possible, in an underground mine, to install timbering up to the working face before the remnants of drill holes are marked”; and
• “adds the possibility of carrying out drilling on broken rock without conducting an examination of misfires if the drilling pattern is staggered to ensure a minimum distance between the holes for the previous blasting and the holes drilled.”

Canada – Saskatchewan

New Principal Document – The Radiation Health and Safety Regulations, 2024

First Effective Date: 8 August 2024
Industry Sector: General Industry

This document applies to owners and operators of ionizing and non-ionizing radiation equipment, including commercial tanning salons, medical, dental, and veterinary facilities, as well as businesses involved in industrial radiography, laser light shows, and ultrasound procedures. It outlines regulations for the safe use, monitoring, and reporting of radiation exposure to protect workers and the public. Key requirements include informing workers about radiation risks, maintaining dose limits, ensuring equipment safety and operator qualifications, and reporting incidents of overexposure or equipment malfunction.*

It replaces the Radiation Health and Safety Regulations, 2005. According to the government, the new document notably:

• “[ensures] that workers are informed and can take necessary precautions to reduce their [radiation] exposure”;
• “[discontinues] the requirement to report routine worker doses to the Ministry of Labour Relations and Workplace Safety” and “the requirement to register laser light shows and medical ultrasound equipment”;
• “[reduces] the dose record keeping period from permanent to five years”;
• “[simplifies] the required preventive maintenance schedule of x-ray equipment”;
• “[adds] occupational therapist to the list of operators of class 3, 3B and 4 lasers and therapeutic ultrasound equipment”;
• “[eliminates] fees for registration of x-ray equipment, leak test analysis, radon measurement, calibration of radiation monitoring equipment, inspections and examinations”; and
• reduces various fees and administrative requirements.

United States – Federal

New Principal Document – 14 CFR 38 Airplane Fuel Efficiency Certification

First Effective Date: 16 April 2024
Industry Sector: Air Transportation, Hardware Manufacturing

According to the government, this document “establishes fuel efficiency certification requirements for certain subsonic jet airplanes with a maximum takeoff mass greater than 5,700 kilograms and for certain propeller-driven airplanes with a maximum takeoff mass greater than 8,618 kilograms. Under [these rules], an airplane is subject to these certification requirements: (1) at new (original) type certification; (2) upon manufacture of any covered airplane after January 1, 2028; or (3) when a modification to a covered airplane meets change criteria specified in the regulations. This rulemaking excepts from applicability airplanes used for firefighting, amphibious airplanes, airplanes lower than specific masses, reciprocating engine airplanes, non-pressurized airplanes, and certain specialized operations airplanes.”

Amended Document – 40 CFR 700 – General
Amending Document – Fees for the Administration of the Toxic Substances Control Act (TSCA)

First Effective Date: 22 April 2024
Industry Sector: General Industry

According to the government, the changes to this document update the “exemptions for entities subject to the [Environmental Protection Agency (EPA)]-initiated risk evaluation fees; exemptions for test rule fee activities; modifications to the self-identification and reporting requirements of EPA-initiated risk evaluation and test rule fees; modifications to EPA’s proposed methodology for the production-volume-based fee allocation for EPA-initiated risk evaluation fees in any scenario in which a consortium is not formed; expanded fee requirements to companies required to submit information for test orders; modifications to the fee payment obligations of processors subject to test orders and enforceable consent agreements (ECA); and extended timeframes for certain fee payments and notices.”

United States – Maine

New Principal Document – CMR Chapter 06-096-526 Cooling Water Intake Structures

First Effective Date: 20 February 2024
Industry Sector: General Industry, Building Management & Maintenance

According to the government, this document “establishes requirements that apply to cooling water intake structures at new and existing facilities that are subject to section 316(b) of the Clean Water Act (CWA), 33 U.S.C. § 1326(b)  These requirements include standards for minimizing adverse environmental impact associated with the use of cooling water intake structures and required procedures (e.g., permit application requirements, information submission requirements) for establishing the appropriate technology requirements at certain specified facilities as well as monitoring, reporting, and record keeping requirements to demonstrate compliance. These requirements are to be established and implemented in Maine Pollutant Discharge Elimination System (MEPDES) permits issued under the State’s delegated authority under the CWA.”

United States – Vermont

Amended Document – CVR Chapter 12-032-008 Investigation and Remediation of Contaminated Properties Rule
Amending Document – CVR Chapter 12-032-008 Investigation and Remediation of Contaminated Properties Rule 2024-02-21 Amendments

First Effective Date: 23 February 2024
Industry Sector: General Industry, Building Management & Maintenance

According to the government, the changes to the document “codify the interim [Polychlorinated biphenyl (PCB)] indoor air standards [and update] definitions to be consistent with other Rules, including a requirement that the [Department of Environmental Conservation] be notified prior to conducting any earth disturbance work at an active or closed hazardous site, include updated numerical standards for regulated environmental media, add additional clarity for expected outcomes of site specific risk assessments, additional clarity for allowing partial corrective action plans, and additional requirements for the evaluation of corrective action alternatives (ECAA) report which focus on the objectives of the remediation and detailed justification for the selected remedy.”

European Union

New Principal Document – Regulation (EU) 2024/590 of the European Parliament and of the Council of 7 February 2024 on substances that deplete the ozone layer, and repealing Regulation (EC) No 1005/2009

First Effective Date: 11 March 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

This document applies to businesses and their employees dealing with substances that deplete the ozone layer. It prohibits the production, import, export, and use of specified ozone-depleting substances, except for certain exempted uses such as feedstock, process agents, laboratory uses, and critical uses like fire protection.

It also mandates the recovery and destruction of these substances from various equipment and products, and requires businesses to report on their activities related to these substances. The document outlines specific conditions for exemptions, licensing systems for trade, and penalties for non-compliance.*

It replaces Regulation (EC) No. 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer. The new document primarily covers the same scope as the replaced document, with amendments focused on:

• reducing further ozone-depleting substances to align with the European Green Deal
• bringing more substances that are not yet controlled into the scope of monitoring, such as Dichloromethane (DCM) and Tetrachloroethene (Perchloroethylene (PCE));
• extending recovery obligations to building owners and contractors when removing certain foams with ozone-depleting substances during renovation, refurbishing or demolition activities;
• ensuring the availability of technically and economically feasible alternatives; and
• providing clarifications to reduce administrative burdens, such as removing the quota allocation system for certain controlled substances.

Austria

New Principal Document – Agricultural and Forestry Youth Work Protection Ordinance

First Effective Date: 1 June 2024
Industry Sector: Agricultural Industry, Forestry & Logging

This document applies to the employment of young individuals in the agriculture and forestry sectors.

It outlines prohibitions and restrictions on employing youth in potentially hazardous work environments, including handling dangerous substances, working under physical and psychological stress, and operating dangerous machinery.

Key requirements include necessary supervision, specific training on hazard prevention, and assessments of workplace risks to ensure the safety, health, and morality of young workers.

Exceptions for training purposes are allowed under strict conditions.*

Denmark

New Principal Document – Executive Order on systematic work environment health and safety efforts

First Effective Date: 1 February 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

This document applies to employers and their employees, outlining requirements for systematic workplace safety efforts. Key requirements include conducting workplace assessments to identify and manage health and safety risks, involving the company’s health and safety organization in the entire assessment process, and creating action plans for unresolved issues.

It also mandates annual discussions on health and safety collaboration, ensuring the availability of expert assistance when needed, and maintaining records of workplace accidents. Additionally, it specifies the structure and responsibilities within the health and safety organization for businesses with varying numbers of employees.*

It replaces the Executive Order on systematic work environment health and safety efforts. The new document notably removes the duplicate content from § 14, which was identical to § 13 in the original version in relation to the requirements for collaboration on safety and health in companies with 5 or more employees and introduces the new content to § 14 to include all employees who are not business managers or supervisors in the collaboration on safety and health; and adds a new task for the occupational health and safety group to participate in the investigation of accidents, poisonings, and health injuries and to prevent recurrence.

New Principal Document – Executive Order of the Act on the Protection of the Marine Environment

First Effective Date: 1 January 1994
Industry Sector: Water Transportation

This document applies to various entities including Danish and foreign ships, aircraft, platforms, and pipelines operating in or affecting Danish territorial waters, as well as businesses involved in activities such as ship recycling. It outlines regulations for protecting the marine environment, focusing on preventing and limiting pollution from activities that may endanger human health, harm natural and cultural values at sea, interfere with the lawful use of the sea, or degrade recreational values and activities.

The document also ensures the maintenance of a response mechanism for pollution incidents at sea, ports, and coasts, and stipulates environmentally sound ship recycling practices. Specific requirements include the prohibition of oil discharge, the use of approved systems for waste management, and the obligation to report certain types of cargo.*

It replaces the Executive Order of the Act on the Protection of the Marine Environment. The new document primarily covers the same scope as the replaced document, with amendments focused on introducing two appendices in relation to (1) the information required for processing an application for permission to discharge material into the sea, such as the description of the material, its properties, the geographical location and dredging or dumping method, potential impacts on marine life, and general environmental considerations; and (2) the list of substances and materials that must only be present in dredged or dumped materials in insignificant quantities and concentrations.

Indonesia

New Principal Document – Minister of Manpower Regulation No. 11 of 2023 concerning Occupational Safety and Health in Confined Spaces

First Effective Date: 28 November 2023
Industry Sector: General Industry

This document provides regulations relating to the health and safety of workers in confined spaces. It includes provisions on confined space classification, access restrictions, workers’ safety procedures, tools and equipment, and health and safety personnel.

Mexico

Amended Document – Federal Labour Law
Amending Document – Decree by which various provisions of the Federal Labor Law and the Social Security Law are reformed, added and repealed, regarding the labor rights of rural workers

First Effective Date: 25 January 2024
Industry Sector: General Industry, Office Spaces, Building Management & Maintenance

The changes to the document notably:

• clarify that “field workers” are individuals engaged in agricultural, livestock, forestry, aquaculture, or similar activities in rural areas, and distinguish between permanent and temporary field workers to ensure that all field workers have access to social security;
• require written contracts for field work, detailing working conditions;
• establish various obligations for employers related to safety and health, such as the provision of habitable accommodations, sanitary services, adequate food, transportation to medical services, personal protective equipment and training, and requirements for the handling of hazardous chemical or biological substances;
• require employers to promote a work environment free from discrimination and violence;
• require employers to respect prenatal and postnatal rests for pregnant workers and provide suitable conditions for breastfeeding;
• set out prohibitions for employers, such as paying lower wages to women, and employing children under the age of 18; and
• specify penalties and fines for employers who violate labor protection laws for home-based work and field work.

Philippines

New Principal Document – Adopting the amended rules and regulations governing the Philippine downstream natural gas industry

First Effective Date: 13 February 2024
Industry Sector: General Industry, Building Management & Maintenance

This document outlines the guidelines for businesses and their employees in the Philippine Downstream Natural Gas Industry regarding the issuance of permits and accreditations, reportorial requirements, and compliance standards. It applies to operators and participants involved in activities such as the construction, operation, maintenance, expansion, rehabilitation, decommissioning, and abandonment of Downstream Natural Gas Facilities, as well as those engaged in the trade of Natural Gas.

Key requirements include the submission of legal, technical, and financial documentation for permit applications, adherence to safety and environmental standards, and regular reporting on operational progress, incidents, and performance. Additionally, specific guidelines are provided for the accreditation of suppliers, aggregators, and resellers, including pre and post-importation or exportation notices for LNG transactions.

Compliance with these guidelines is mandatory to ensure the safe, efficient, and environmentally responsible development of the industry.*

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