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#1 Posted : 28 March 2002 09:30:00(UTC)
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Posted By Agnes Chow I am now working on the OHSAS 18001 system for my company. I have been initially assessed by the BSI for the accreditation. BSI has given my company a NC on the compliance of legal requirements. The auditor was keen on asking for evidence on demonstrating that all the legal requirements were met by the company. Also I need to prove that all the staff are aware of the requirements of all the applicable legislation which are relevent to the company. Can anyone tell me how to make the auditor happy about this? Also, I wonder if you will organise legal requirement training for your internal auditors as they said that there is no way for them to do the audits if they don't know the legal requirements well. Isn't it the case that internal auditors should only need to know the auditing skills and they can then audit against any systems according to the system manual/procedures, etc.? Thanks. Agnes Chow
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#2 Posted : 28 March 2002 12:56:00(UTC)
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Posted By John Murphy Agnes, Could you expand/clarify the last paragraph. As I read it you are suggessting that the OHSAS Auditer does not know what legal standards they are looking for.
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#3 Posted : 29 March 2002 10:47:00(UTC)
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Posted By Arran Linton - Smith Agnes, To comply with the requirement for Legal and other requirements OHSAS 18001:1999 is very specific in what it requires for an organisation, however if as you state, “the auditor was asking for evidence on demonstrating that all legal requirements were met by your” organisation, I believe that they may well be going beyond the Scope of 18001 which can be found on page 1 of the document. Because your question has clearly identified a Certification body I cannot give you the full answer and guidance that I feel it deserves.
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#4 Posted : 02 April 2002 02:22:00(UTC)
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Posted By Agnes Chow I have two requests from two parties, one is from the external accreditation body and another one is from the internal auditors who are my fellow colleagues. For the external auditors, they asked me to show them the evidence to prove that my company was compiled with all the "applicable legislation". That is not only the H&S Ordinance and Regulation exist here, but also other legislation such as Boiler and Pressure Ordinance, Electricity Ordinance, Water Polluation Control Ordinance, etc. which generally applied to all organisations. That means my workload will be increased to a certain extent. Also I find it vague to present this kind of "evidence", can I argue that as long as the company has never been charged against breaching any legislation, we are proved fully compilance? The second request for me is from my internal auditors. They are my colleagues and they have received a two day internal auditing skills training. They said that they would need to be more knowledgable about the legislation before they could conduct the audits effectively. They asked for information or training specifically such as how many Lux is for a good lighting in a workplace, or how many fire extinguishers for a 500 square foot office, etc. I have explained to them that there is no specific description in the legislation regarding this, but there are recommendations. However, how can I coach or training the internal auditors all the knowledge on H&S? They migth need a Diploma course to fulfil this! Any thoughts or ideas to handle the above mentioned requests are very much appreciated. Thanks.
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#5 Posted : 02 April 2002 07:38:00(UTC)
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Posted By Jane Blunt Dear Agnes I may be misunderstanding your request, but have you thought of asking the Competent Person (i.e. the person with knowledge of safety and competent to advise the organisation on matters of safety) in your company for some input? The fact that your organisation has not been prosecuted cannot be used as evidence for compliance. From my vague memories of having been a QA internal auditor, there are two levels that you need to worry about. Is the system adequate (that is, does the system keep the company within the legal boundaries) and is the system followed. The second question can be answered by internal auditors with no specialist knowledge. The first question can only be answered by a person with a knowledge of what the system is trying to achieve, and corrections to the system have to be done by someone with some specialist safety knowledge. Jane
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#6 Posted : 02 April 2002 10:08:00(UTC)
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Posted By Robert K Lewis Agnes I think that the auditor is looking for a number of key items a) A table of the legislation applicable to your operations and including to what parts b) Evidence that the legislation and guidance has been made available to the staff and they know how to use it. This involves document control and training records. c)Evidence, eg subscriptions to information systems etc to provide up to date information on legislation and ACOP changes etc. Remember the model is the same as ISO 14001 and the ideas are fairly readily transferrable from there. You have not indicated your background but you need to have a solid ground in ISO 9001 2000 and ISO 14001 1996 before you can really get to grips with OHSAS and I have known quite large organisations fail!! Bob
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#7 Posted : 02 April 2002 15:44:00(UTC)
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Posted By Ian Waldram As far as I know, IOSH would not recommend that OSH auditors, whether external or internal, only have auditing competence. We have a specific agreement with IRCA which ensures that OSH professionals get auditor training, and auditors get OSH training before being put on their register. Thus part of your problem seems to be that you are expecting colleagues to be competent OSH auditors without some of the basic knowledge they need. Another part may be that your legislation is very detailed and prescriptive, so that demonstrating compliance takes a lot of effort. If your internal procedures clearly reference all the relevant performance standards in legislation, guidance, etc. and are based on it, then demonstrating compliance with those procedures should be sufficient? However, if they aren't obviously linked to the legislation, then you have a problem - maybe that is why the auditor issued a NC?
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#8 Posted : 03 April 2002 02:28:00(UTC)
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Posted By Agnes Chow Thanks for all the inputs. They help narrow down my situation. I am the H&S Manager of the company and also the only one in the company who has formal H&S training. I am at the point of finishing my MSc paper in H&S (a long distance course by University of Portsmouth). I wrote the H&S manuals for the company which are correspondent to the legislation requirements. I think my problem is not at the point of whether or not I can help the company to meet all the H&S legal requirements, which is pretty straight forward to follow. The point is that I was asked about the compliance on other "applicable legislation"(i.e. non H&S legislation) as well which I did not include in the very beginning of the management systems. I did identify all the H&S laws here and communicate with the employees. Perhaps the inadequacy of my system is that part of the other "applicable legislation". However how can we define "applicable legislation" exactly? With regard to the arrangement of internal audit, I am the only one in the company who have H&S training. If we need internal auditors to be H&S educated, it might not be realistic and cost effective. I believe most of the company will not hire H&S personnel more than enough to run the system. And if I am the one who wrote the policy and procedures, it is difficult to do the audits as well because of bias, subjectivity, etc.. I guess what I can do is to ensure that all the legal requirements are included in all the H&S Manuals. And the internal auditors can audit with reference to the manuals.... But it is still unfair for them, say for a layman to audit the machine guarding, welding procedures, whether the lighting is adequate or not, etc. perhaps the internal auditors do need some basic H&S knowledge....? Anyway, I am enlightened by all of you and once again I find this forum so excellent and it is professional and helpful. If you do not believe, go to have a look at the industrialhygiene.com forum of the US. Have a good day.
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#9 Posted : 03 April 2002 13:05:00(UTC)
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Posted By Jim Walker Hi Agnes, It might help us if you could state the country your company operates in. I would agree with Bob's advice. The "List" plus the means with which you remain upto date seems to be what is required. The auditors are assessing the system's compliance to the standard, not doing a safety audit. Just to add a few ideas - why not become lead auditor yourself (might need a short training course).Then you could advise the other auditors as they conduct a specific audit trail.Equally as the H&S advisor, you are part of their audit trail anyway, they will be asking you to state that you are complying to current best practice - I don't see they need to know for themselves what this is. My feelings are there are benifits from having auditors with non - specific skills as they sometimes are better at spotting the weaknesses between procedures and practices.
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