As we move forward transitioning from OHSAS 18001 to ISO 45001 certification, it is interesting to note that the IAF has recently released a new edition of the IAF Mandatory Document 22 - Application of ISO/IEC 17021-1 for the Certification of Occupational Health and Safety Management Systems (OH&SMS) . In the document, we have an Appendix A that deals with the subject of legal compliance and it's implications and expectations as it relates to accredited certification of organizations occupational health & safety management systems. In part, the document states:
Further down in the document, we read this interesting paragraph:
In the USA, one of the regulatory bodies enforcing compliance with occupational health and safety is OSHA. In their website, they have a page dedicated to list cases where enforcement penalties over US$40,000 exist. There are a few cases where the initial penalty is way north of US$1,000,000 and the information could be perused @ Enforcement Cases with Initial Penalties of $40,000 or Above | Occupational Safety and Health Administration
Any OHSMS CB auditor performing audits to OHSAS 18001, ISO 45001 or any other OHSMS standard in the USA, should become acquainted with that information.
For some of the pundits out there who like to use examples of certified organizations caught in regulatory non-compliance instances, this should clarify the issue.
While certification of an OH&SMS against the requirements of the applicable OH&SMS standard is not a guarantee of legal compliance (neither is any other means of control, including government or other type of control and/or legal compliance inspections or other forms of certification or verification), it is a proven and efficient tool to achieve and maintain such legal compliance.
It is recognised that accredited OH&SMS certification shall demonstrate that an independent third-party (Certification Body) has evaluated and confirmed that the organisation has a demonstrably effective OH&SMS to ensure the fulfilment of its policy commitments including legal compliance.
Ongoing or potential non-compliances with the applicable legal requirements might show a lack of management control within the organisation and its OH&SMS and the conformity with the standard should be carefully reviewed.
Further down in the document, we read this interesting paragraph:
Any organization failing to demonstrate their initial or ongoing commitment to legal compliance, shall not be certified or continued to be certified as meeting the requirements of an OH&SMS standard by the Certification Body.
In the USA, one of the regulatory bodies enforcing compliance with occupational health and safety is OSHA. In their website, they have a page dedicated to list cases where enforcement penalties over US$40,000 exist. There are a few cases where the initial penalty is way north of US$1,000,000 and the information could be perused @ Enforcement Cases with Initial Penalties of $40,000 or Above | Occupational Safety and Health Administration
Any OHSMS CB auditor performing audits to OHSAS 18001, ISO 45001 or any other OHSMS standard in the USA, should become acquainted with that information.
For some of the pundits out there who like to use examples of certified organizations caught in regulatory non-compliance instances, this should clarify the issue.