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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How DevOps Could Change Your Business

Henry Ford turned the U.S. auto industry on its head when he introduced the idea of prefabricating components at remote sites, and then putting them together on a production line. Despite many industries following suit, software lagged behind until 2008, when Andrew Clay Shafer and Patrick Debois told the Agile Conference there was a better way to develop code:
– Write the Code
– Test the Code
– Use the Code
– Evaluate, Schedule for Next Review

The term ?DevOps? is short for Development and Operations. It first appeared in Belgium, where developers refined Shafer and Depois? ideas. Since then, DevOps became a counter movement against the belief that software development is a linear process and has largely overwhelmed it.

DevOps – A Better Way

DevOps emerged at an exciting time in the IT industry, with new technology benefiting from a faster internet. However, the 2008 world recession was also beginning to bite. Developers scampered to lower their human resource costs and get to market sooner.

The DevOps method enabled them to colloborate across organizational boundaries and work together to write, quality assure and performance test each piece of code produced in parallel.
DevOps? greater time-efficiency got them to market sooner and helped them steal a march on the competition.

There are many advantages to DevOps when we work in this collaborative way. Cooperation improves relationships between developers, quality assurers and end users. This helps ensure a better understanding of the other drivers and a more time-effective product.

Summary of DevOps Objectives

DevOps spans the entire delivery pipeline, and increases the frequency with which progress is reviewed, and updates are deployed. The benefits of this include:

? Faster time to market and implementation

? Lower failure rate of new releases

? Shortened lead time for bug fixes and updates

The Psycho-Social Implications of DevOps

DevOps drills through organization borders and traditional work roles. Participants must welcome change and take on board new skills. Its interdepartmental approach requires closer collaboration across structural boundaries and greater focus on overarching business goals.

Outsourcing the detail to freelancers on the Internet adds a further layer of opportunity. Cultures and time zones vary, requiring advanced project management skills. Although cloud-based project management software provides adequate tools, it needs an astute mind to build teams that are never going to meet.

The DevOps movement is thus primarily a culture changer, where parties to a project accept the good intentions of their collaborators, while perhaps tactfully proposing alternatives. There is more to accepting a culture than using a new tool. We have to blend different ways of thinking together. We conclude by discussing three different methods to achieve this.

Three Ways to Deploy DevOps in your?Organisation

If you foresee regular DevOps-based projects, consider running your entire organisation through an awareness program to redirect thinking. This will help non-participants understand why DevOps members may be ?off limits? when they are occupied with project work. Outsourcing tasks to contracting freelancers can mitigate this effect.

There are three implementation models associated with DevOps although these are not mutually exclusive.

? Use systems thinking. Adopt DevOps as company culture and apply it to every change regardless of whether the process is digital, or not

? Drive the process via increased understanding and feedback from key receivers. Allow this to auto-generate participative DevOps projects

? Adopt a continuous improvement culture. DevOps is not only for mega upgrades. Feedback between role players is paramount for success everywhere we go.

You can use the DevOps concept everywhere you go and whenever you need a bridge to better understanding of new ideas. We diminish DevOps when we restrict its usefulness to the vital role it plays in software development. The philosophy behind it belongs in every business.

Making Click-and-Collect click

In my previous post, I introduced you to integrated e-commerce and explained why it is the right way to extend your business online. If you already have a brick-and-mortar retailing business and you’re looking to improve your online presence, you could start offering a click-and-collect service.

With click-and-collect, customers order online and then collect their merchandise from one of the retailer?s local branches. Why would they want to do that?

Apparently, there are buyers who now prefer a click-and-collect service over the delivery service of a purely online retailer. With the latter, they sometimes have to wait forever for the delivery van to arrive or contend with a missed-delivery card.

Basically, customers who want both the convenience of placing orders online and better control of their time find click-and-collect a better option.

Last December 2011, IMRG (Interactive Media in Retail Group) reported a ?significant rise in the percentage of click-and-collect e-retail sales in the 3rd quarter of 2011?. This accounted for 10.4% of all e-retail sales in that quarter. More specifically, the gain was 7.4%, which was also the strongest quarterly gain since IMRG started collecting this data.

Clearly, this particular service is gaining popularity. But how do you meet the rising demand in this area?

A click-and-collect service requires a highly synchronised ecosystem. You don’t want to have a customer order items from your online store, drive a couple of minutes from his house to your nearest outlet, only to find out that one of the items is no longer available.

This can only work if all systems involved are interconnected. Changes in the inventory in your individual outlets should reflect on your database in real time. In turn, these changes have to be reflected instantly on your online store. Conversely, once a buyer has picked items online and is already directed to a local outlet, those items have to be reserved there.

But that’s not all. Your system has to be seamless enough to support fast and reliable service. You don’t want your buyer to have to wait a long time before the items are ready for pick-up. It also has to be capable of tracking the status of ordered products, handling uncollected orders, and monitoring inventory.

By implementing an integrated e-commerce system, these won’t be the only things you?d be able to do. You can even add more value to your service. For example, you can connect to your CRM and learn more about your customers? purchase history, buying habits, and preferences.

That way, it would be easier for you to provide a faster and more convenient buying experience for them in the future.

Click-and-collect is a very promising way to increase your sales and improve customer loyalty.

Disadvantages of Spreadsheets – Obstacles to Compliance in the Healthcare Industry

Most of the regulatory compliance issues we talked about concerning spreadsheets have been related to financial data. But there are other kinds of data that are stored in spreadsheets which may also cause regulatory problems in the future.

In the US, a legislation known as HIPAA or Health Insurance Portability and Accountability Act is changing the way health care establishments and practitioners handle patient records. The HIPAA Privacy Rule is aimed at protecting the privacy of individually identifiable health information a.k.a. protected health information (PHI).

Examples of PHI include common identifiers like a patient’s name, address, Social Security Number, and so on, which can be used to identify the patient. HIPAA covers a wide range of health care organisations and service providers, including: health plan payers, health care clearing houses, hospitals, doctors, dentists, etc.

To protect the confidentiality, integrity, and availability of PHI, covered entities are required to implement technical policies such as access controls, authentication, and audit controls. These can easily be implemented on server-based systems.

Sad to say, many health care organisations who have started storing data electronically still rely on spreadsheet-based systems. Those policies are hard to implement in spreadsheet-based systems, where files are handled by end-users who are overloaded with their main line of work (i.e. health care) and have very little concern for data security.

In some of these systems, spreadsheet files containing PHI may have multiple versions in different workstations. Chances are, none of these files have any access control or user authentication mechanism whatsoever. Thus, changes can easily be made without proper documentation as to who carried out the changes.

And because the files are normally easily accessible, unauthorised disclosures – whether done intentionally or accidentally – will always be a lingering threat. Remember that HIPAA covered entities who are caught disclosing PHI can be fined from $50,000 up to $500,000 plus jail time.

But that’s not all. Through the HITECH Act of 2009, business associates of covered entities will now have to comply with HIPAA standards as well. Business associates are those companies who are performing functions and services for covered entities.

Examples of business associates are accounting firms, law firms, consultants, and so on. They automatically need to comply with the standards the moment they too deal with PHI.

 

More Spreadsheet Blogs

 

Spreadsheet Risks in Banks

 

Top 10 Disadvantages of Spreadsheets

 

Disadvantages of Spreadsheets – obstacles to compliance in the Healthcare Industry

 

How Internal Auditors can win the War against Spreadsheet Fraud

 

Spreadsheet Reporting – No Room in your company in an age of Business Intelligence

 

Still looking for a Way to Consolidate Excel Spreadsheets?

 

Disadvantages of Spreadsheets

 

Spreadsheet woes – ill equipped for an Agile Business Environment

 

Spreadsheet Fraud

 

Spreadsheet Woes – Limited features for easy adoption of a control framework

 

Spreadsheet woes – Burden in SOX Compliance and other Regulations

 

Spreadsheet Risk Issues

 

Server Application Solutions – Don’t let Spreadsheets hold your Business back

 

Why Spreadsheets can send the pillars of Solvency II crashing down

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