Legal document statement that the document is a "Legal and Binding Document"

R

RG Ohidy

#1
My registrar states that I need to add a statement to my corrective and preventive action report forms that state that the document is a "legal and Binding document", so that it would hold up in court.

I am at a loss presently (my head is spinning as I am so overwhelmed with work) as to what exactly I should write as this statement.

Any suggestions on wording?

Thanks,

Rich
 
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M

morgand - 2006

#2
RG Ohidy said:
My registrar states that I need to add a statement to my corrective and preventive action report forms that state that the document is a "legal and Binding document", so that it would hold up in court.

That is a new one, at least to me. Are these corrective and preventive action reports shared or issued outside of your organization when they are completed? Would it have something to do with the industry you are in or the types of things that are written up? Did a particular report trigger the comment from the auditor? A puzzlement...?
 

Jim Wynne

Staff member
Admin
#3
RG Ohidy said:
My registrar states that I need to add a statement to my corrective and preventive action report forms that state that the document is a "legal and Binding document", so that it would hold up in court.
I am at a loss presently (my head is spinning as I am so overwhelmed with work) as to what exactly I should write as this statement.

Any suggestions on wording?

Thanks,

Rich
I'm no lawyer, but I do know that saying that something is "legal and binding" doesn't make it so, and failing to say it won't affect its standing in a lawsuit. Why is your registrar concerned with the legality (or lack thereof) of your corrective actions? In the absence of actual qualified legal advice, I would tell the registrar to stick to worrying about whether your system meets the requirements of the standard.
 

Al Rosen

Staff member
Super Moderator
#4
RG Ohidy said:
My registrar states that I need to add a statement to my corrective and preventive action report forms that state that the document is a "legal and Binding document", so that it would hold up in court.

I am at a loss presently (my head is spinning as I am so overwhelmed with work) as to what exactly I should write as this statement.

Any suggestions on wording?

Thanks,

Rich
Nonsense! Where did he get that from?
 
R

ralphsulser

#5
RG Ohidy said:
My registrar states that I need to add a statement to my corrective and preventive action report forms that state that the document is a "legal and Binding document", so that it would hold up in court.

I am at a loss presently (my head is spinning as I am so overwhelmed with work) as to what exactly I should write as this statement.

Any suggestions on wording?

Thanks,

Rich
Are you talking about ISO14001 or ISO 9001, or TS16949?
I would get a second opinion, never heard an auditor mention that. Ask to reference which part of the standard specifies this. If ISO 14001 maybe Randy Daily will provide some expertise.
 
M

morgand - 2006

#6
Did you get a nonconformance on this or was it an improvement? Is it a policy of the registrar's?
 

Sidney Vianna

Post Responsibly
Staff member
Admin
#10
Why guess? Go to the source!

RG Ohidy said:
My registrar states that I need to add a statement to my corrective and preventive action report forms that state that the document is a "legal and Binding document", so that it would hold up in court.
Ralphsulser said:
Are you talking about ISO14001 or ISO 9001, or TS16949?
He is talking ISO 13485. Still, I am unaware of any related requirement such as the CMDCAS, MDD, etc... that would require such statement. What puzzles me (continually) is not the fact that auditors make disparate statements/idiotic demands, but the fact that the recipients of such statements/demands seem not to raise to the occasion and demand clarification on the spot. It is a built in part of the audit protocol. Nobody better than the person that made the statement to clarify it. No time better than the closing meeting to make sure you understand all comments being offered.
You have to clearly understand if the auditor made a (ill-advised) suggestion or is s/he requesting a corrective action in your system. There is a tremendous difference between the two. The first one you can simply disregard. The second one, you would have to formally appeal for it's voiding, in case you disagree.
But first and foremost, ask the person that made such statement to CLARIFY IT.
 
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