OHSAS 18001 - (Section 4.3. - Planning)

4.3.2. Legal and Other OH&S Requirements

Section 4.3.2.1 Legal and Other OH&S Requirements - Procedure and Arrangements

Is there a written procedure describing how the organisation will identify and access the legal and other OH&S requirements which apply to its activities?


Guidance: OHSAS 18001 requires that organisations comply with all relevant legal and other OH&S requirements. Organisations will, therefore, require a procedure which sets out how such requirements will be identified and accessed. This question tests whether such a procedure exists, the adequacy of the procedure is tested in the remaining questions in this section.

Note. This section does not test whether the organisation complies with legal and other OH&S requirements. These tests will be found in the SMi evaluation.

Verification guidance: Answer "Yes" to this question if there is a document which purports to be the organisation's legal and other OH&S requirements procedure. The adequacy of the procedure is tested by the other questions in this section of the evaluation.


Question 4.3.2.1.1

Are the means used to identify relevant OH&S legal requirements dealt with adequately in the written procedure on legal and other OH&S requirements?


Guidance: This aspect of the procedure should describe how the organisation will identify the OH&S legal requirements currently in force, how it will identify its own activities, and how it will establish which OH&S legislation applies to its activities.

Verification guidance: Answer "No" to this question if the identification of relevant OH&S legal requirements is not dealt with in the procedure, OR the statement does not cover one or more of the issues described in the guidance to this question, OR the statement is inadequate in any other way.


Question 4.3.2.1.5

Employees - OH&S legislation. Are there written arrangements for communicating appropriate information on OH&S legal requirements to all employees who require such information?


Guidance: Employees must know what they have to do in order to ensure that the organisation meets its commitment to comply with relevant OH&S legislation. There should be written arrangements which describe how this information will be communicated and how checks will be made that the information has been understood.

Verification guidance: Answer "No" to this question if there are no written arrangements describing communication to employees of information on OH&S legal requirements, OR the written arrangements do not include checks on understanding, OR the written arrangements are inadequate in any other way.


Section 4.3.2.2 OH&S Legal Requirements - Implementation


Question 4.3.2.2.1

Is there a list of the OH&S legal requirements which apply to the organisation?


Guidance: If there is no list of the OH&S legal requirements which apply to the organisation it will not be possible to demonstrate what legislation has been taken into account and, more importantly, that all relevant OH&S legislation has been taken into account. This question tests whether a list exists, the adequacy of the list is tested by the remainder of the questions in this section.

Verification guidance: Answer "Yes" to this question if there is a document which purports to be the list of OH&S legal requirements which apply to the organisation. The adequacy of the list is tested by the other questions in this section of the evaluation. Where the answer to this question is "No", answer "No" to the rest of the questions in this section unless the organisation requires individual locations to maintain lists, and there is no centrally held list, in which case answer "Not Applicable" to all the questions in this section.


Section 4.3.2.3 Other OH&S Requirements - Implementation


Question 4.3.2.3.1

Is there a list of other OH&S requirements which apply to the organisation?


Guidance: If there is no list of the other OH&S requirements which apply to the organisation it will not be possible to demonstrate which requirements have been taken into account and, more importantly, that all relevant other OH&S requirements have been taken into account. This question tests whether a list exists, the adequacy of the list is tested by the remainder of the

questions in this section.

Verification guidance: Answer "Yes" to this question if there is a document which purports to be the list of other OH&S requirements which apply to the organisation. The adequacy of the list is tested by the other questions in this section of the evaluation. Where the answer to this question is "No", answer "No" to the rest of the questions in this section unless the organisation requires individual locations to maintain lists, and there is no centrally held list, in which case answer "Not Applicable" to all the questions in this section.