Determination of Legal Requirements and Other Requirements

The organization should have a process to determine and have access to health and safety legal requirements of their employees and other requirements applicable to its OHSMS and to determine and apply how these requirements apply to the OHSMS.

The process should cover:

  • What are the organization’s legal and other requirements and how are they determined, accessed and kept up-to-date;
  • How do these legal and other requirements applicable to the organization’s activities, processes, plant & equipment, workforce, hazard profile & associated OH&S risks, the overall OH&SMS and its OH&S performance;
  • How these legal and other requirements are taken into account and implemented when establishing, implementing, maintaining, and continually improving the organization’s OH&S management system.

Legal requirements could include:

  • Acts and statutory instruments such as the Safety, Health and Welfare at Work Act 2005 and the Safety, Health and Welfare at Work (Chemical Agents) Regulations 2001;
  • Licences, permits, and other forms of authorization and endorsement such as the EPA Office of Radiological Protection license;
  • Improvement or legal notices issued by HSA/HSE;
  • EU Directives or Regulations.

Other requirements could include:

  • Parent company protocols or policies;
  • Collective bargaining agreements;
  • Voluntary attachment to sector or trade body guidance documents;
  • Contractual conditions;
  • Employment agreements;
  • Voluntary principles, codes of practice, technical specifications, charters;
  • Public commitments of the organization or its parent company to the other various elements.

Also, Check —->> ISO 45001 Certification in India

The organization must ensure and train the employees that relevant workers should know how to access information on legal and other requirements that apply to them as per standard and legal authority. The organization is required to maintain correct documentation and retain documented information on this process. This will ensure that the information is updated to reflect any changes to the organization’s health and safety profile in an organization with the updating of the standard.

Effective processes and procedures are required to meet the legal requirements of the jurisdiction in which you operate to place the HSE management system. These legislative requirements differ from country to country of operation and can include a handful to hundreds of laws and regulations.

The regulatory management in every country constantly emerges, so developing an HSE Legal Register is most definitely not a do-it-once-and-forget-about-it-task, it requires review and updating on regular basis. This means regularly updating the register, scanning for new laws and regulations, and as required.
There are various options for obtaining an HSE Legal Register for your company, hiring a consultant, DIY, or obtaining the services online of the many web-based HSE legal register providers. Each has its pros and cons:

Source Advantages/Disadvantages

1) Do it yourself (with guidance from any consultant)

Advantages• Cheapest and no extra costing (if not accounting for your time!)• provides correct training on the HSE laws and regulations in your country for implementation

Disadvantages• No assurance that you will find all of the pertinent laws and regulations applicable to your nature of business; some laws and regulations are not readily available • can be very time consuming• can be challenging to how a particular law applies to your operation

2) Consultant and Consultancy

Advantages• Assurance of professional quality and work for completeness (assuming of course a reputable consultant is retained!)• Can provide a specific register for your needs• Can be combined with other complementary activities such as compliance assessment to be more cost-effective

Disadvantages• May NOT be too expensive as thought upon for some small businesses• May need to be retained long-term to provide updating service regularly

Also, Check —->> ISO 45001 Certification

3) Web-Based- with guidance provided by Consultants

Advantage• Assurance of professional quality and completeness • Some can provide customized register (at extra cost)• Can provide virtually instant notification of updates to laws and regulations (at extra cost)

Disadvantages• May be too expensive for some small businesses• Impersonal (although some firms do provide a combined on-line and in-country consulting service)• Databases are restricted to larger countries in Asia


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