2015 ESOS Guidelines Chapter 7, 8 & 9 – Sign-Off, Compliance & Appeals

This is the final chapter in our series of short posts summarising the quite complex ESOS guidelines (click on ?Comply with ESOS? to see the details). This one addresses the legalities to follow to complete your report – and how to appeal if you are not happy with any of the Environment Agency?s decisions.

  1. Director Sign-Off

This is by no means an easy ride. Confirmation of the work at individual or lead assessor level locks the company into the penalty cycle in the event there are significant irregularities. By signing off the assessment, the board level director(s) # agree that they have

  • Reviewed the enterprise?s ESOS recommendations
  • Believe the enterprise is within the scope of the scheme
  • Believe the enterprise is compliant with the scheme
  • Believe the information provided is correct

Having an internal assessor requires a second board-level signature.

  1. Compliance

You report compliance on the internet. This is free and you can do it at any time within the deadline. You can dip in and out of the process as many times as you wish, but must use the link in the receipting email. While this is something a board member must do, there is no reason why the lead assessor should not complete the basics. The online compliance notification addresses the following topics:

  • The ESOS contact person in the enterprise
  • Any aggregation / dis-aggregation during the period
  • The names and contact details of the lead assessor
  • The proportion of energy consumption per compliance route

The Environment Agency will acknowledge receipt. This does not constitute acceptance. You should keep the ESOS evidence pack in a safe place with at least one backup elsewhere.

  1. Compliance & Enforcement Issues

In the event the Environment Agency decides your enterprise has not met ESOS requirements, it may either (a) issue a compliance notice with instructions, or (b) apply one of the following civil penalties:

  • A fine of up to ?5,000 for failure to maintain records
  • A fine of up to ?50,000 for failure to undertake an energy audit
  • A fine of up to ?50,000 for a false or misleading statement

Any enterprise has the right of appeal against government decisions. In the case of ESOS, this is via:

  • The First-Tier Tribunal if your enterprise is England, Wales or off-shore based
  • The Scottish Minister if your enterprise is based in Scotland
  • The Planning Commission if your enterprise is Northern Ireland-based

The notice you appeal against will supply details of the appeal steps to take.

This blog and its companion chapters concerning the ESOS Guidelines as amended 2015 are with compliments of ecoVaro. We are the people who break ESOS data into manageable chunks of information, so that board-level directors have greater confidence in what they sign.

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A Definitive List of the Business Benefits of Cloud Computing ? Part 3

Strengthens business continuity/disaster recovery capabilities

Today’s business landscape calls for companies to have reliable business continuity and disaster recovery capabilities. After all, when the system goes down, customers and even employees would rarely ask ‘why‘ or ‘what happened‘ but instead go directly to the ‘how soon can we get back up‘ part.

So unless they’ve been struck by the same unforeseen disaster your business is also experiencing, a couple of hours downtime is plenty enough for most of these people. What’s worse is when they simply don’t wait until they get access again and just go to other providers that can offer the same services. In short, your inability to provide continuous IT and business services could translate to lost opportunities which your competition would only be too willing to gain. And that’s not even counting the possibility of losing essential data and other potential negative impact that critical IT failure can bring about.

The answer to avoiding such a scenario is of course, having a sound business continuity and disaster recovery plan in place. But this is actually easier said than done.

Traditionally, setting up a business continuity plan entailed some tedious procedures in addition to very costly infrastructure. We’re talking here about acquiring and maintaining practically a replication of the hardware infrastructure and environments currently existing for business-critical systems and data. Note that these mirror systems should be set-up, housed, and maintained in a remote facility or location.

Making the deployment even more complex is the constant need to update the data in storage as well as keep software applications in sync between the system in use and the one on standby mode. This process would involve the physical transfer of data and syncing of applications, which is cumbersome and again, expensive.

While large enterprises would not even think twice about having to spend so much to ensure that operations would never come to a grinding halt, most small and mid-sized organisations would not have the required financial means for them to even start considering this option. Often, the bulk of their disaster recovery plan would simply consist of some tape backups, and a lot of hoping that they would never have to suffer from any outage or IT failure.

But all that can be changed with the arrival of cloud computing.

A cloud strategy offers an affordable solution for business continuity and disaster recovery for SMBs with limited resources and even big companies trying to minimise expenses by looking for alternative options.

A reliable service provider would already have the required infrastructure and software vital to a viable BC/DR plan and complete with the appropriate security measures. Organisations need not spend upfront for these facilities, but get to benefit from having updated data backup and a virtualised mirror system that would allow them to quickly get back up in the event of an outage or catastrophic disaster.

When looking to the cloud for a cost-effective BC/DR plan however, it’s worth keeping in mind that not all cloud providers are created equal. That’s why businesses also have many important factors to take into account before signing cloud contracts.

Yes, provision for continuity and and taking necessary precautions against outages are inherent in the cloud service itself, but you’d be surprised how many of these providers don’t actually take responsibility for service interruption. To give organisations some assurance of the cloud company’s capacity for continued service, contracts should stipulate availability guarantees and liability for downtime that the provider is willing to answer for.

Once these relevant issues are ironed out however, it’s easy for business to see how cloud-based data storage and computing can significantly lower the costs involved for SMB BC/DR while greatly improving efficiency, mobility, and collaboration capabilities.

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8 Reasons why you Need to Undertake Technical and Application Assessments

Are your information assets enabling you to operate more cost-effectively or are they just drawing in more risks than you are actually aware of? Obviously, you now need to get a better picture of those assets to see if your IT investments are giving you the benefits you were expecting and to help you identify areas where improvements should be made.

The best way to get the answers to those questions is through technical and application assessments. In this post, we?ll identify 8 good reasons why it is now imperative to undertake such assessments.

1. Address known issues – Perhaps the most common reason that drives companies to undertake a technology/application assessment is to identify the causes of existing issues such as those related to data accessibility, hardware and software scalability, and performance.

2. Cut down liabilities and risks – Unless you know what and where the risks are, there is no way you can implement an appropriate risk mitigation strategy. A technology and application assessment will enable you to thoroughly test and examine your information systems to see where your business-critical areas and points of failure are and subsequently allow you to act on them.

3. Discover emerging risks – Some risks may not yet be as threatening as others. But it would certainly be reassuring to be aware if any exist. That way, you can either nip them in the bud or keep them monitored.

4. Comply with regulations – Regulations like SOX require you to establish adequate internal controls to achieve compliance. Other regulations call for the protection of personally identifiable information. Assessments will help you pinpoint processes that lack controls, identify data that need protection, and areas that don’t meet regulatory requirements. This will enable you to act accordingly and keep your company away from tedious, time-consuming and costly sanctions.

5. Enhance performance – Poor performance is not always caused by an ageing hardware or an overloaded infrastructure. Sometimes, the culprits are: unsuitable configuration settings, inappropriate security policies, or misplaced business logic. A well-executed assessment can provide enough information that would lead to a more cost-effective action plan and help you avoid an expensive but useless purchase.

6. Improve interoperability – Disparate technologies working completely separate from each other may be preventing you from realising the maximum potential of your entire IT ecosystem. If you can examine your IT systems, you may be able to discover ways to make them interoperate and in turn harness untapped capabilities of already existing assets.

7. Ensure alignment of IT with business goals – An important factor in achieving IT governance is the proper alignment of IT with business goals. IT processes need to be assessed regularly to ensure that this alignment continues to exist. If it does not, then necessary adjustments can be made.

8. Provide assurance to customers and investors – Escalating cases of data breaches and identity theft are making customers and investors more conscious with a company?s capability of preserving the confidentiality of sensitive information. By conducting regular assessments, you can show your customers and investors concrete steps for keeping sensitive information confidential.

2015 ESOS Guidelines Chapter 6 – Role of Lead Assessor

The primary role of the lead assessor is to make sure the enterprise?s assessment meets ESOS requirements. Their contribution is mandatory, with the only exception being where 100% of energy consumption received attention in an ISO 50001 that forms the basis of the ESOS report.

How to Find a Lead Assessor

An enterprise subject to ESOS must negotiate with a lead assessor with the necessary specialisms from one of the panels approved by the UK government. This can be a person within the organisation or an third party. If independent, then only one director of the enterprise need countersign the assessment report. If an employee, then two signatures are necessary. Before reaching a decision, consider

  • Whether the person has auditing experience in the sector
  • Whether they are familiar with the technology and the processes
  • Whether they have experience of auditing against a standard

The choice rests on the enterprise itself. The lead assessor performs the appointed role.

The Lead Assessor?s Role

The Lead Assessor?s main job is reviewing an ESOS assessment prepared by others against the standard, and deciding whether it meets the requirements. They may also contribute towards it. Typically their role includes:

  • Checking the calculation for total energy consumption across the entire enterprise
  • Reviewing the process whereby the 90% areas of significant consumption were identified
  • Confirming that certifications are in place for all alternate routes to compliance chosen
  • Checking that the audit reports meet the minimum criteria laid down by the ESOS system

Note: A lead assessor may partly prepare the assessment themselves, or simply verify that others did it correctly.

In the former instance a lead assessor might

  • Determine energy use profiles
  • Identify savings opportunities
  • Calculate savings measures
  • Present audit findings
  • Determine future methodology
  • Define sampling methods
  • Develop audit timetables
  • Establish site visit programs
  • Assemble ESOS information pack

Core Enterprise Responsibilities

The enterprise cannot absolve itself from responsibility for good governance. Accordingly, it remains liable for

  • Ensuring compliance with ESOS requirements
  • Selecting and appointing the lead assessor
  • Drawing attention to previous audit work
  • Agreeing with what the lead assessor does
  • Requesting directors to sign the assessment

The Environment Agency does not provide assessment templates as it believes this reduces the administrative burden on the enterprises it serves.

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