You shouldn't have to entirely review on a three year cycle with continual improvement, i.e. you already have a H&S compliance register detailing applicable regulations, a H&S policy document outlining the measures you will take to comply with each set of regulations and supporting arrangements to comply, i.e. documents, records, internal audits, non-conformance, corrective actions and preventive actions. From all of that, it is a case of continual improvement based on external audit findings, internal audit results, safety inspections, incidents, time lapse, etc.

I do not have BS OHSAS 18001 in front of me at the moment so cannot check. I was under the impression that the legal compliance clause was all about checking that policies and procedures comply. I thought other clauses dealt with implementation of the policies and procedures in practice. I could be wrong with this - if so I need to have a rethink. Our auditor seemed happy with our approach. I think t-bone's approach of doing a three yearly evalulation is a good idea - even if it may not be the entire package for compliance to this clause.

4.3.2 Legal and other requirements "The organization shall establish, implement and maintain a procedure(s) for identifying and accessing the legal and other OH&S requirements that are applicable to it. The organization shall ensure that these applicable legal requirements and other requirements to which the organization subscribes are taken into account in establishing, implementing and maintaining its OH&S management system. The organization shall keep this information up-to-date. The organization shall communicate relevant information on legal and other requirements to persons working under the control of the organization, and other relevant interested parties" Ways this can be done... Compliance / process audits Observation tours and reports Compiling a HS register of leg inc evaluation Using KPIs etc etc etc If your accreditation body is happy keep the status quo!

quote=boblewis]Garfield This is where people get confused 4.5.2 is Evaluation of Compliance. This is separate to 4.3.2 Identification of Legal and Other Requirements - it is however directly linked to the identification. Identify what you need to control and then (4.5.2) how do you ensure you comply with the identified legal and other requirements Bob[ Yes you are correct there does seem to be some confusion and indeed fear of these clauses in 18001. I personally feel each can be complied with without stress. First of all your SMS should have already identified the necessary arrangements required to comply with all the law and standards that are relevant to the organisation. Secondly the evaluation - As previously stated KPI analysis, observational tours / inspections and of course audits, which can include specific reference to legislation etc and the 18001 standard itself, which is sometimes forgotten. Although there is no requirement to document a procedure or use a register, I feel the latter can be a useful way to demonstrate compliance. i.e. Identify the leg or standard etc. Look at the way it is relevant and summarise the way the you comply (an evaluation). Add in your reports from tours, audits, analysis and external assessment reports etc and hey presto. There are many free ways to attain updates on leg etc such as HSE, MCA, Unions and industry specific associations. It all depends on the type and scope of ones organisation in regard to time spent doing all of this, but I don't find compliance a big issue. Remember your accreditation body is there to help to a point and should not be feared. After all they are a business and don't want to lose custom]

Safety Witch The problem with the approach you suggest is that the organisation must at all times comply with legislation and other requirements it imposes on itself. Clause 4.5.2 is about ONGOING compliance and so cannot be satisfied simply by periodic measurements unless you can identify such things as system stability and other matters. As an auditor myself I do find that most systems rely on a periodic look and when interrogated they show deficiencies in evidence of compliance. Look at this another way for example: How can yoy ensure that your staff constantly and consistently achieve legal and other requirement compliance whenever and wherever they encounter a specific item. Bob