The EU, national and regional governments and the employers’ liability insurance associations continually pass new regulations or amend existing ones.

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Regulatory amendment – Step 1: Regularly determine the laws, ordinances etc. that the EU, national and regional governments and the local authorities have amended.

The first step is to determine a procedure according to which you can be systematically and regularly informed of all amendments to environmental, energy and occupational safety-related legislation passed by the EU, your respective Federal State and the local authorities.

Based on the scope of validity of a newly passed law, ordinance etc. regularly check whether this new regulation is relevant to your company and document this in your index of legal provisions. The scope of validity may even have changed in the case of revisions to existing laws, ordinances etc. that you previously classified as not relevant to your company. Therefore do not entirely ignore revisions to laws and ordinances that were previously not relevant to your company.

Regulatory amendment – Step 3: Regularly determine the amended operator obligations that arise as the result of new or amended regulations.

If a new law, ordinance etc. or a revision is relevant to your company, new or altered duties of action resulting from this legal text must be identified.

Any change, e.g. a limit value that must be measured on a recurring basis, can result in multiple duties of action. On the one hand, in this case the pervious operator obligation to perform recurrent tests must be adjusted to the new limit value. On the other hand, there may arise the duty of action to measure emissions with regard to whether the new limit value is actually being adhered to. In the event that the limits are exceeded, there may be additional duties of action.

Regulatory amendment – Step 4: Assign the amended of new operator obligation to a responsible person within the company for implementation and monitor the implementation.

It is not sufficient to simply identify the amended operator obligation. The amended operator obligation and any potential additional duties of action that result from the regulatory amendment are to be assigned to responsible persons for implementation. It is important to ensure that the implementation of these amended operator obligations is monitored. For what good is it if you have identified the regulatory amendments and have also assigned them to responsible persons, but these individuals have not implemented the duty of action.

Icon Question

This therefore poses the question:

Are the regulatory amendments in environmental, energy and occupational safety-related legislation systematically determined and implemented in your company?

  1. If new or amended laws etc. are passed
  2. …it must be clarified within the index of legal provisions whether or not these are relevant to the company.
  3. The new operator obligations that arise due to the amendments must be formulated.
  4. The new operator obligations must be delegated to responsible persons, who must then implement them.

If you have any questions regarding regulatory amendments – call me or send me an email.

I would be happy to assist you – free of charge – with any questions regarding regulatory amendments.

Barbara Janschka
Legal Management Systems Advice
bjanschka@gutwinski.com
+43-1-86632-37

Why choose the complicated option – when it’s simpler with gutwin?

With gutwin, you receive easily understandable duties of action resulting from regulatory amendments on a regular basis, which you can then simply allocated to responsible persons.

Regulatory Change Management

Gutwinski Management GmbH