The audit revealed weaknesses in Shell’s systems for following up the chemical working environment in relation to regulatory requirements.
The following regulatory nonconformities were identified:
- Mapping and risk assessment of chemical exposure was deficient and did not provide an adequate basis for decisions regarding improvement measures
- Duty to substitute chemicals based on health risk was not adequately followed up
- Requirements for HSE-related chemical information were not safeguarded
On this basis, the PSA issued a notification of order to the company.
The PSA has not received feedback regarding the notification.
In concurrence with the notification, the following order is hereby issued to Shell:
Pursuant to Section 18 of the Management Regulations relating to working environment analysis and Section 11 relating to basis for making decisions and decision criteria, as well as Section 36 of the Activities Regulations relating to chemical health hazard and Section 48, third subsection of the Technical and Operational Regulations, cf. Section 69 of the Framework Regulations relating to administrative decisions, Shell is ordered to:
Review its system for managing chemical health risk with a view towards improving its practices for mapping and risk assessment so as to obtain an adequate basis for making decisions regarding preventive measures.
The deadline for complying with the order is set at 1 August 2011. The PSA must be notified when the order has been carried out.
Order and notification of order
An order is a administrative decision made pursuant to the regulations.
Before the PSA makes an order, it usually issues a notification of order to the companies concerned.
A notification of order is neither a measure nor a warning of sanctions, but part of the PSA’s administrative process as specified in its established procedural rules.
The notification is merely a first step before an administrative decision is made.