Periodic Evaluation of Legal Compliance - ISO 14001 - 4.5.2.1 - Legal Requirements

Randy

Super Moderator
#11
Re: Periodic Evaluation of Legal Compliance - ISO 14001 - 4.5.2.1 - Legal Requirement

Dear manoj

i m working in ISO 14001 implementation projects. I have issues in evaluating the legal requirements of different scope of works. kindly help in this.

thank you
priya
What are you talking about? Requirements are requirements regardless of any scope.

Do you have a method to determine whether or not you are meeting your environmental regulatory or other obligations or not? If you do make sure the people doing them have the necessary competencies and make a record to show that it has in fact been accomplished. If you don't, then get it done.
 
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Sidney Vianna

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#12
Re: Periodic Evaluation of Legal Compliance - ISO 14001 - 4.5.2.1 - Legal Requirement

What are you talking about? Requirements are requirements regardless of any scope.
Not really. If you are a shipping company based in Taiwan, your regulatory requirements will be different than those applicable to a petrochemical installation in Azerbaijan.
 

Randy

Super Moderator
#13
Re: Periodic Evaluation of Legal Compliance - ISO 14001 - 4.5.2.1 - Legal Requirement

Who really gives a "C" what the requirments are? A requirement is a requirement, they may differ but they are still nothing more "REQUIREMENTS" that must be met.

You gotta do what you gotta do and I have to do what I have to do, regardless of what we have to do we still need to meet our requirements.

It doesn't matter what it is, just do it and evaluate the effort in meeting it and record the evaluation.

Now this poor soul is probably gonna be going in circles worrying about shipping stuff to Taiwan or drilling for oil in Azerbaijan.
 

Sidney Vianna

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#14
Re: Periodic Evaluation of Legal Compliance - ISO 14001 - 4.5.2.1 - Legal Requirement

Who really gives a "C" what the requirments are?
Whomever is implementing an ISO 14001-compliant EMS does care about what the requirements are.

A requirement is a requirement, they may differ but they are still nothing more "REQUIREMENTS" that must be met.
As I was trying to point out, depending on your "scope", you will be subjected to a myriad of environmental regulatory requirements at all levels: international, national, state, county, municipal, etc...Whatever method an organization puts in place for evaluation of environmental regulatory compliance needs to take that into account.

The question is obviously important to the poster and should not be dismissed as irrelevant.
 
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dmp06

#16
Re: Periodic Evaluation of Legal Compliance - ISO 14001 - 4.5.2.1 - Legal Requirement

This is probably way too late as you already may have found your answer. But in doing some research to what constitutes legal compliance, I came across your post.

This is what I found on the IRCA site:

ISO 14001:2004 - briefing note and transition requirements for IRCA EMS auditors
Page 2 of 6
IRCA/231/05/2, January 2005

Many EMS auditors will be familiar with ISO 9001:2000, however many are not and clauses which have been aligned to ISO 9001:2000 are completely new.
Evaluation of (legal) compliance – safeguarding ISO 14001’s reputation
Evaluation of legal compliance is another key difference. What was the last paragraph of Monitoring and Measurement is now a new clause with a new requirement to extend the evaluation of compliance to ‘other requirements’.
Clearly it is the organization’s responsibility to evaluate compliance and EMS auditors are not environmental legal inspectors. However, auditors must pay attention to how legal and other requirements are linked to environmental aspects, and how the organization implements its
commitment to comply with legal and other requirements.

:yes:
 

Sidney Vianna

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#17
Re: Periodic Evaluation of Legal Compliance - ISO 14001 - 4.5.2.1 - Legal Requirement

A recently released publication by the European cooperation for Accreditation Agency, EA-7/04 – Legal Compliance as a part of accredited ISO 14001: 2004 certification tries to explain the connection between ISO 14001 and environmental regulatory compliance. The document is attached.
 

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dmp06

#18
Re: Periodic Evaluation of Legal Compliance - ISO 14001 - 4.5.2.1 - Legal Requirement

Thanks for the information.

:thanx:
 
A

abhaygirish

#19
Re: Periodic Evaluation of Legal Compliance - ISO 14001 - 4.5.2.1 - Legal Requirement

I will share our compliance to this requirement mentioned in ISO 14K standard. In India we have one publication ELUS (Environment Legislation Updatation Standard) which give complete information about any new update. Besides this we have subscribed our national site for keep us posting any new update. This is all about National Issues and for Local Environment Issues (Which at times are quite different from National Issues, for example Fugitive Emissions norms differ from one area to another) we used to visit Local Environment Office once in a Two Month time to keep us fresh on local issue.
That is all we have mentioned in our Environment Manual and used to do as per manual.

Dear sir, Thank U very much
Will you send format for legal evaluation?

Thanking You
Abhay
 
I

IMS REN

#20
Re: Periodic Evaluation of Legal Compliance - ISO 14001 - 4.5.2.1 - Legal Requirement

We recently had a minor non conformance that read like this:

Nonconformity
Requirements for the evaluation of compliance have not been completed since 2008.
Procedures do not identify the ?periodic? evaluation of compliance.

Requirement
The organization shall evaluate compliance with other requirements to which it subscribes. The organization may wish to combine this evaluation with the evaluation of legal compliance referred to in 4.5.2.1 or to establish a separate procedure(s).

The organization shall keep records of the results of the periodic evaluations.

Evidence
There is no evidence the site has conducted a full assessment to evaluate compliance to either the environmental and OHS requirements.

Note: There was a Stage 1 Environmental Site assessment completed in 2008 but it does not cover all requirements including ?other?

Risk
Not assessing risks in a timely or effective manner could leave the organization exposed to penalties and fines or increased risk of injury to employees.



I asked our third party consultant to come in and assist in answering this minor. We conducted a current impacts and aspects analysis and also a current risk analysis. I also asked the third party to write me a letter of compliance and we defined periodic as annually. We had the follow up visit a few months later and this was the finding:


March 28, 2014
Compliance Evaluation was conducted on Jan 8, 2014 and 2-14-14 for EMS and SMS but was not comprehensive and did not cover compliance to management of hazardous and universal wastes.
The evaluation did not provide a statement of compliance and was not signed by the company representative.
The evaluation could not be associated with the legal and other requirements listed on the organizations aspect/legal registry.
The procedure PCP-02 does not define the frequency ?periodic? of compliance evaluations for either EMS or SMS.

Status: Open
Will review at the next assessment to determine the resolution.



So, my first step is to get this third party back in and have them do this right this time. Questions are:
1. What is the best way to evaluate for legal compliance? By using my risk analysis and impacts and aspects records?
2. When asking for a signed statement from a third party stating we are in compliance with all regualtions, is there a format to follow?

Thanks
 
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