Rank: Super forum user
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To all you other ISO responsible people. When you review if there have been any legislative changes and you come across one that has absolutely no effect on the undertaking of the business you are in, do you still list (record) you have reviewed a particular amendment or do you just ignore it? (ie so the original is applicable it is just an amendment that is not)
If you ignore it how do you prove you have looked at it to the Auditor ?
Yes you guessed it I had an external audit last week, and as I pulled him up on a legislative issue (correctly !), he then went to town on our register until he found something wrong. Sadly I had only reviewed what had changed since it was last supposedly done, trusting it had been done correctly by my predecessors ( and that anything that was significantly out would likely be picked up by the external auditor who has been coming to the company for years) - I will not make that mistake again.
As any piece of legislation can be amended within another piece of legislation and some of this legislation has been around for years, this could all end up a right mess. He is insisting we list everything and I sort of take his point, but really.
What are your views
Chris
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Rank: Super forum user
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“…as I pulled him up on a legislative issue (correctly!), he then went to town on our register until he found something wrong.”
If the auditor was genuinely that petty, I’d seriously think about getting a new auditor!
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Rank: Super forum user
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It was a piece of environmental legislation " The control of pollution (Oil Storage) (England) regulations".
I pointed out we were in Wales.
He obviously has to look at the register, but oddly he looked at it in January and had no problems.
Who knows if he was being petty or not, he found what he found and made the comments he did. It just the register will end up like a spider web with all the references.
It was things like I had listed COSHH 2002 as amended, but he felt I should have specifically noted 2004 amendments and what that meant for the company.
Hence my question above.
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Rank: Forum user
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I list it into 5 headings, significant, minor significance company needs to be aware, not considered to be significant, legislation no longer applicable and is archived, future legislation of which there is a watching brief.
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Rank: Super forum user
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As an 18001 sceptic I wonder what all this has to do with occupational safety and health at work.
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It keeps the auditor in a job.
Sure a company needs to be aware of what legislation is should be complying with, but really.
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Rank: Super forum user
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David: What paperwork and systems do I need to join the 18001 sceptic society please? I want to join but I'm not sure I have all my ducks in a row yet. Does anyone do a pre-membership review to help me ensure I've got it right before the auditors come in? Does anyone have any templates I can plagiarise?
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Rank: Forum user
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I suppose that depends if they have an OHSAS 18001 Management system to maintain.
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Rank: Forum user
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Chris-Why is a piece of English legislation even on your register if you are based in Wales and you have Welsh legislation that specifically covers oil storage.
Your legislation register is supposed to list only that legislation pertinent to your business.
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Rank: Super forum user
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Thanks all for the responses so far :-
CTD167 - we also have sites in England and just one register for the company. However we were not looking at the register, he thought he had found something we were doing wrong and was going along the line of a Non conformance. Which of course he had to drop, the register review came later.
Phargreaves04 - interesting idea of ranking the legislation, but surly it applies or not to what you do or have.
The question though is do you list every change / amendment to each piece of legislation that initially applies to you or only the changes that are relevant.
Chris
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Rank: Super forum user
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Hi Chris
We pay for someone to trawl through all the legislation updates etc etc and advise us if any of the changes apply and what we need to do, saves me a lot of legwork. I get an email once a month with a list of the legislation that may or may not be applicable and brief note on what the review findings were. Initially there was a big body of work (before my time) looking at what we do and the rules and regs that apply. Now I just have to review as required and if there is anything applicable to us then action that. I have 18 months worth of reviews to show auditors (18001,14001).
HTH
Stu
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Rank: Super forum user
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Me - I have every sympathy with the auditor - If you want to pull me up instead of opening an honest frank discussion then I will look witha fine tooth comb to see what might have been overlooked previously by myself or a fellow auditor. You employ external auditors to assist you and scoring points spoils many a good working relationship.
Yes if you work in England then the Oil Storage (England) regs may well apply. Of course you shouldbe looking at your MS again to see if you should be modifying anything to prevent such mishaps again through non review of relevant legislation. It is not 14001 or 18001 at fault but rather a failure to understand the purpose of an audited management system seeing it only as a bureaucratic end in itself rather than a description of what you actually do to manage H&S. The auditor has merely identified that the system is deteriorating into simply words. Just be pleased it was not me :-)
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Rank: Super forum user
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Thanks all for taking the time to reply.
Stuie - The company I work for will not pay for an outside company to do this, but I admit it is good for me to review as sometimes I may read something that is not relevant but sort of interesting to know. I will also admit I have a mountain of other work equally if not in some ways more important to do.
Bob - I take your point that it is not about scoring points. We were actually doing a site tour when he spotted some oil ( in a drum inside a tin shed) and felt we were breaking the law. I simply said that those regulations did not apply in Wales - nothing nasty or points scoring in it. When we went and looked at the register it was also clear that it only applied in England and we had noted this fact. It was questionable if we had a problem even if the law did apply in Wales. My only other option would have been to allow him to give us a NC, by saying nothing.
You are quite right he has every right (in fact duty) to go through our register. He did not find us actually doing anything wrong, other than we had listed some legislation and not specifically noted every time it had been amended ( so could not prove we had reviewed it specifically). The register had a review date on it, the Management review noted what legislative changes affected us, but the register did not list every amendment specifically if it did not apply. The same as it does not list other legislation that doesn't apply. This is why I asked the original question, do you record you have reviewed an amendment even when the details of the amendment do not affect you. As an auditor what is your view on this question.
I have accepted that I now have no choice but to go back to the original piece of legislation and review every change / amendment to present day. I would have no way of closing the NC if I don't, It does mean that I will review again any amendments that my predecessors reviewed and decided were not applicable. Our register is 79 pages long ( about 50 pieces of legislation each with a page of information - containing relevance to company, where it applies, who is responsible and for what, where supplementary info can be obtained and references to other parts of the management system. So a reasonably robust document (I think).
Again thanks all for taking time to read and reply.
Chris
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Rank: Super forum user
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Chris
There is no requirement to have a legal register under ISO 14001 or OHSAS 18001. There is only a need to have access to applicable up to date legislation and other requirements (such as guidance and ACOPS) APPLICABLE to your business, and a maintained procedure for the same. This, therefore, could be by subscription to magazines and email websites specifically for your area of interest that send through legal updates, etc, like IEMA or TUC, etc.
So, to answer the original question, no, you do not need to investigate and write down legislation that does not affect your business and you do not need a register of legislation that does affect your business either.
Please see Clause 4.3.2 of both 14001 and 18001 for greater clarity
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Rank: Super forum user
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Thanks Hilary
Yes you are right that a register is not explicitly required, however when you come to clause 4.5.2 which requires you to evaluate your compliance, how do you do that without a list ( register) and demonstrate it to an auditor. If you have any form of formal written audit against the legislative requirements, again you would write down the piece of legislation, and the amendments ( including the ones that do not apply to prove you have considered ?)
Our NC was for "it could not be demonstrated that the impact of all updates had been reviewed" Even though the auditor noted that the review document had been updated with some legislation changes.
I used to think that these standards were a good idea, I'm not as sure as I once was. I spent a good chunk of yesterday reviewing the legislation around air con units ( we have one with more than 3kg of refrigerant) and I'm now making reference to five pieces of legislation, not just one. Do I know any more today than I did yesterday on this subject - No
I just wondered if others also listed out amendments that do not apply, just to prove they have reviewed it.
Chris
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Rank: Super forum user
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The standards do ask that you identify the legislative and other requirements applicable to your business. This means that at the basic level some sort of list. However where there are multiple sites that can also be across some form of legal border the single list approach will always be flawed. Your procedure for review and update needs to reflect the complexities. Thus you really should be looking at site by site lists with a central control list that is INDICATIVE but not exhaustive. Your procedure then only needs to state that the final list is developed for each site as required and is applicanle to that site. You thus review at the opening of the site and then periodiacally if there is evidence of change from such as literature reviews, legal updaters and other scources.
Do look closely at the Other Requirements as these are often overlooked.
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Rank: Super forum user
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Thanks Bob
However nearly everyone has avoided or skirted round the actual question I asked
Chris42 wrote: When you review if there have been any legislative changes and you come across one that has absolutely no effect on the undertaking of the business you are in, do you still list (record) you have reviewed a particular amendment or do you just ignore it? (ie so the original is applicable it is just an amendment that is not)
Seems a shame as this thread has had quite a few views so there must be interested people out there other than me.
Chris
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Rank: Super forum user
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Even a negative Not Applicable and date is a record of an activity and thus should in my view as an auditor be recorded. It is also partial evidence of ongoing compliance.
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Rank: Super forum user
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Yes Chris that is part of the service we get; a simple line confirming has this change any impact on us, if so the legislation will be added to our register.
Stu
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