In September 2011, Enhesa carried out a survey amongst corporate EHS managers on their confidence of the effectiveness of their corporate compliance program. Strikingly, forty-three percent had little or no confidence that their corporate compliance program was able to ensure regulatory compliance. This puts senior management and the board of directors of these companies at risk of being held liable and facing criminal charges.
The US 2010 Federal Sentencing Guidelines are rather explicit on the issue of criminality and target any person in the chain of command. The Guidelines state: “ The Board of Directors shall exercise reasonable oversight with respect to the implementation and effectiveness of the compliance program. Senior Management of the company shall ensure that the company has an effective compliance program. Specific individuals within the company shall be delegated day-to-day operational responsibility for the compliance program. Individuals with operational responsibility shall report periodically to high-level personnel and, as appropriate, to the governing authority, on the effectiveness
of the compliance program. To carry out such operational responsibility, such individuals shall be given adequate resources, appropriate authority, and direct access to the governing authority”.
How confident are you in your company’s compliance assurance program? Contact us to discuss Enhesa’s Six Steps to Compliance and our services that help you achieve compliance assurance.