Legal Register for OHSAS 18001

Paul Simpson

Trusted Information Resource
#11
We are a UK company, involved in engineering and construction. I have a legal register detailing all the legislation I believed was relevant to our organization.

Unfortunately during audit I received a minor NC against "Legal Register 4.3.2" for missing out several pieces of legislation that were considered applicable, namely, "The Working Time Directive, IEE Wiring Regulations, Health Act Re: Smoking, and the Fire Reform Order".

Obviously I have now included these, but to ensure that I am up to date does anyone have a legal register for a UK company they would be willing to send me so I could pick through for the less obvious legislation, or any suggestions what to include above and beyond the typical H & S stuff.

I do have a full copy of legislation from the HSE regarding Health & Safety so I'm OK with this aspect, but I'm looking for the less obvious items I may still have missed.
Thanks
FWIW the Working Time Directive (or the UK Legislation that implements the Directive) is not part of the OHS legisaltion - it is employment law. It might come in as an 'other' requirement if you believe it to be relevant based on assessment of risk (from working long hours). Similarly for the Smoking ban stuff - not H & S legislation. The Wiring Regs are not H & S legislation (although they are referenced).

Sounds like your auditor is stretching definitions!
 
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C

christarboton

#12
FWIW the Working Time Directive (or the UK Legislation that implements the Directive) is not part of the OHS legisaltion - it is employment law. It might come in as an 'other' requirement if you believe it to be relevant based on assessment of risk (from working long hours). Similarly for the Smoking ban stuff - not H & S legislation. The Wiring Regs are not H & S legislation (although they are referenced).

Sounds like your auditor is stretching definitions!
This brings up another point of annoyance for me in South Africa - my legal compliance auditor likes to hit us with NC's for our failure to follow the CoP put out by govt for pregnant and breastfeeding women, the part of where they express milk, the facilities in the express room etc. No smoking legislation has also been targeted by this fellow. Is that legit or is he taking a chance?
 

Paul Simpson

Trusted Information Resource
#13
Sounds like the same 'stretchy' application of OHSAS requirements - you can choose to apply a code of practice (for example) and then it comes under the 'other requirements' heading.
 
N

nimonik

#14
In Canada, H&S legislation is pretty simple as it is primarily at the Federal level. Companies who are ISO 14001 have a much harder time with their legal registers since the responsibility is spread over all three levels of government (federal, provincial, and municipal). But as far as I know, the requirement for monitoring legislative requirements is present in both standards.
 
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Randy

Super Moderator
#15
In Canada, H&S legislation is pretty simple as it is primarily at the Federal level. Companies who are ISO 14001 have a much harder time with their legal registers since the responsibility is spread over all three levels of government (federal, provincial, and municipal). But as far as I know, the requirement for monitoring legislative requirements is present in both standards.
Canada isn't unique in its regulatory complexity, and I don't recall any requirement in OHSAS 18001 for any kind of legal register anyhow.
 
P

pablo12

#16
Hi all,

This has been an excellent posting session for me to digest. I am attempting for this first time to review a company's legal register. They have dispensed with an in house advisor and have asked me to update their register last done March 2010.

My plan:
1. Check all their work activities against currently legislation using HSE guidance notes.

2. Ensure a procedure or policy is in place for e.g. working at height

3. Audit safe systems for each activity and attach it to each applicable piece of legislation

4. Check legislation updates since April 2010

Questions: is it more complicated than this?
Anything else that I can do to ensure thorough competent legal register is completed?

Many thanks to the chap who attached the legal register download - most helpful

Great site all:applause:

Thanks,

Pablo
 
N

nimonik

#17
Hi Pablo,

You seem to have the right items in place, just a question of doing it methodically.

Are you performing this work as an in-house EHS coordinator or as an external consultant, I was a bit confused. If it is the former, a second pair of eyes from an external consultant often helps and helps you stay safe.

Let me know, if you are in Canada, we can help build your legal register and offer some guidance text.

Cheers,

Jonathan
 
S

samsung

#18
1st, I'm struggling hard to find the requirement for a "Register" to begin with. Did you say that you would have a Register?

Take a look again at your hazards to make sure you addressed everything(because you only have to link hazards to legal and other requirements).
Hi Randy,

I agree that there isn't an absolute requirement for keeping a 'Legal Register' per se but it's a good idea to have one since without maintaining a document (e.g. a register) it's very difficult for one to recall which legal requirements are applicable to the organization and whether or not the applicable ones are duly complied with.

However, I can't agree to your second statement; i.e. "you only have to link hazards to legal and other requirements". IMO, such a requirement is there in ISO 14001 but not in OHSAS. ISO 14001 requires that the organizations identify their environmental aspects and determine their relevance with the applicable legal requirements but nowhere OHSAS mandates so.

OHSAS requires to take into account "any applicable legal obligations relating to risk assessment and implementation of necessary controls" (but not to hazards).
 

Randy

Super Moderator
#19
Hi Randy,


OHSAS requires to take into account "any applicable legal obligations relating to risk assessment and implementation of necessary controls" (but not to hazards).
The risk assessment is performed looking at the hazards ...No hazard no risk assessment

And I forgot one very important thing....At least here in the good old US of A there will never, ever be an identified OHS hazard in any workplace that will not be governed by a legal requirement.....This of course is not true for the rest of the world. :bonk::mybad:
 
S

samsung

#20
The risk assessment is performed looking at the hazards ...No hazard no risk assessment

And I forgot one very important thing....At least here in the good old US of A there will never, ever be an identified OHS hazard in any workplace that will not be governed by a legal requirement.....This of course is not true for the rest of the world. :bonk::mybad:
Thanks for the clarification with regard to uniqueness of US H&S legislation.
 
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