We do not seem to be any nearer knowing how many organizations that fall under ESOS have failed to comply. From discussions with the Environment Agency it is clear they do not think that 100% compliance has been achieved.
So who are these organizations? Why have they not complied?
There are four possible reasons for non-compliance that I can see.
1. Not being aware of the need to comply
2. Aware and working, but behind on programme
3. Aware and ignoring it
4. Not able to find a Lead Assessor
Not aware: If an organization employing 250 people or more (the majority of large organizations) what is the status of the ‘regulatory affairs’ part of the business – what else are they missing? For sure, the Environment Agency could have done more, but they did mail blast senior people in all organizations they thought would need to comply. That said, there could have been and should have been more and better ‘promotion’ of the ‘scheme’.
Aware and working: I have worked with one organization that was late to realise they needed to comply – but once they identified the need they acted quickly and we worked with them to get the work done as soon as possible – the 5th December was missed (it was never a possibility) but the end of January 2016 was met comfortably. Given the time that we know it takes to be compliant, by audits or ISO 50001 this excuse can only last for so long.
Aware and ignoring it: Why would someone be aware but not take action? The only reasons that I can think of is that they think that it will not be enforced or that if it they will take the fine as the cost of doing business. Of course they may be aware of ESOS but not aware of the penalties.
Not able to find a Lead Assessor. This would have been valid up to the end of 2015 – but there is a mass of capacity out there after the ‘feeding frenzy’ to meet the 5th December. No excuse!
So, who are the non-compliant organizations – when will they be ‘named and shamed’ – if not fined?