Improper Disposal as a Trigger for Corporate Crises: Risk Analysis for the Board

Introduction

Improper waste disposal, especially those considered critical due to their inactive or toxic nature, represents a significant risk vector for organizations. Non-compliance with environmental and safety regulations can trigger corporate crises that impact reputation, finances, and operations. This article addresses the main vulnerabilities linked to irregular disposal, risk analysis for the board, and mitigating measures based on current legislation.

Legal and Regulatory Context

In Brazil, waste management and disposal are mainly regulated by the National Solid Waste Policy (Law No. 12,305/2010), which establishes guidelines for treatment, environmentally proper destination, and shared responsibility. Additionally, specific regulations such as CONAMA Resolution No. 401/2008 guide procedures for electronic waste and components considered hazardous.

Compliance with these standards prevents sanctions and minimizes exposure to legal risks. Companies must understand and apply the parameters of Law No. 12,305/2010 and related regulations, ensuring proper disposal and treatment.

Risks Associated with Improper Disposal

Incorrect disposal can trigger various risks:

• Environmental: contamination of soil, aquifers, and ecosystems, impacting local biodiversity.
• Financial: fines, remediation costs, and loss of commercial contracts due to non-compliance.
• Reputational: negative repercussions with stakeholders, regulatory agencies, and the market, potentially affecting brand value and trust.
• Operational: interruptions resulting from environmental embargoes, blocks, or inspections.

Board Responsibilities in Risk Management

Boards of directors and executive boards play a central role in governance of disposal processes, needing to incorporate environmental and regulatory risk analysis into their corporate governance practices. Establishing clear policies, monitoring compliance indicators, and demanding regular audits are fundamental actions.

Furthermore, the board should promote training and awareness and engage with suppliers that operate according to environmental regulations, minimizing exposure to risks.

Mitigating Measures and Best Practices

Adopting structured and safe processes for disposal is essential. For electronic equipment and accessories, adherence to specialized electronic waste collection services is recommended, ensuring proper environmental disposal and resource recovery.

In the case of storage media, appropriate policies for secure HD disposal and data sanitization are essential to protect information and comply with the LGPD (General Data Protection Law, Law No. 13,709/2018).

The implementation of contingency plans, continuous monitoring of legislation, and periodic risk assessment contribute to mitigating crises arising from improper disposal.

Official Sources for Consultation

• National Solid Waste Policy - Law No. 12,305/2010
• CONAMA Resolution No. 401/2008
• Electronic Waste Collection - Ecobraz
• Secure HD Sanitization - Ecobraz

Conclusion

Careful management of critical waste disposal is a strategic element for business sustainability and continuity. The board must ensure regulatory compliance and diligence in risk prevention, adopting robust practices that avoid corporate crises related to environmental and legal liabilities.