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1ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
Compliance with legislation and regulations for users of environmental and/or occupational health and safety management systems
2ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
We at SCCM are convinced – and our experience has proven – that
any organization, large or small, will achieve better environmental
performance by using the ‘plan-do-check-act’ approach outlined in
the ISO 14001 standard.
Copyright SCCMAll rights reserved. Nothing included in this publication may be made public, and/or reproduced by means of printing, photocopying, microfilm or any other method, without prior written permission from SCCM.
DisclaimerAlthough the utmost care has been taken with this publication, errors and omissions cannot be entirely excluded. SCCM therefore accepts no liability, not even for direct or indirect damage occurring due to or in relation with the use of the content of this publication.
3ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
Compliance with legislation and regulations for users of environmental and/or occupational health and safety management systems
N100824, 10 july 2012
4ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
Contents
chapter 1
1 Background 5
chapter 2
2 Compliance management within the ISO 14001 and OHSAS 18001 standards 7
chapter 3
3 The compliance management system in detail, by element 10 3.1 Commitment to compliance 10 3.2 Identifying legislation and regulations 11 3.3 Translating legal requirements into their impact on the organization 14 3.4 Ensuring that organizational and technical measures for meeting the requirements are taken 16 3.5 Self-evaluation of compliance with legislation and regulations 18 3.6 Internal audit 20 3.7 Management review of compliance 21
chapter 4 4 Relationship to the other parts of the managementsystem 22
annexes
1 Sample of a simple register of legislation and regulations for an offset printing company 242 Sample applicable legal environmental and compliance requirements 263 Sample translation of legal environmental requirements into concrete tasks 294 Sample translation of general environmental requirements into specific rules 315 Sample of simple register of OHS legislation and regulations for an offset printing company 34 6 Sample applicable legal OHS requirements and how to ensure compliance 36 7 Sample translation of legal OHS requirements into concrete tasks 38 8 Sample translation of general OHS requirements into specific rules 41 9 Sample management review procedure 43
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oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
c h a p t e r 1
Background
It is important for an organization to ensure it is complying with legislation and regulations. Organizations are held accountable for their ‘compliance behaviour’ and non-compliance carries heavy risks. Management wants to know if their organization is ‘in compliance’. Proper compliance with legislation and regulations is a precondition for operating a sustainable and socially responsible business. An organization’s management can only state with conviction that it has control of its compliance when it is working on it systematically.
Compliance with legislation and regulations is one of the basic requirements of both the ISO 14001 and OHSAS 18001 standards. Both standards in fact contain all the elements of a ‘compliance management system’ with which compliance can be demonstrated:> Identifying legislation and regulations.> Translating legal requirements into their impact on the organization.> Ensuring implementation.> Self-evaluating compliance.> Internal audits.> Management review of the results.
In 2008, the Dutch government launched a programme promoting innovation in supervision (‘Vernieuwing toezicht’). One element of this programme is ‘systemic supervision’, the basic principle of which is that an organization must have a system for adequately controlling its occupational health and safety (hereafter OHS) and environmental risks. As a minimum, an organization must achieve the level of control laid down in legislation and regulations. Systemic supervision emphasizes evaluating the management system, instead of checking each individual requirement of legislation and regulations. An element of this – compliance management – is the systematic identification and compliance with legislation and regulations.
Aim of this publicationOur objective is to help show organizations in practical terms how to interpret the requirements in the ISO 14001 and OHSAS 18001 standards related to compliance with legislation and regulations. This booklet provides some concrete examples, but there certainly are other ways the requirements can be worked out. The idea is to inspire you to find an interpretation that is right for your own organization.
This document is intended as an aid, and organizations are free to use the suggestions in it or not.
EA 7/04This document is also based on the EA 7/04 guideline ‘Legal compliance as a part of Accredited ISO 14001: 2004 certification’. This guideline was published in 2007 by the European Co-operation for Accreditation, and must be followed by every certification body accredited in an EU member state. The document can be found on www.sccm.nl.
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Computer programsEvery organization must document its management system and support its implementation, whether or not using dedicated software. This booklet frequently shows the relationship with procedures and instructions. In practice, these can be ‘automated’ by using software with the various steps built into it. The user automatically is taken through these steps.
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c h a p t e r 2
2 Compliance management within the ISO 14001 and OHSAS 18001 standards
Various elements of both the ISO 14001 and OHSAS 18001 standards contain direct or indirect references to ‘compliance with legislation and regulations’. Together these elements constitute the compliance management system. Table 1 shows the elements of the standard that make explicit reference to legislation and regulations. Although the ‘internal audit’ element does not explicitly refer to legislation and regulations, it is included here since the internal audit is an essential link.
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Table 1: Compliance management related to requirements in the ISO 14001 and OHSAS 18001 standards
The elements of the standard listed in table 1 constitute the ‘core’ of the compliance management system. Of course other elements are also relevant for achieving proper compliance (such as communication, monitoring and measuring, and nonconformities and corrective action). They will be discussed in chapter 4.
Chapter 3 will discuss how each part of the compliance management system can be interpreted, and also has references to other parts of the standard.
CoM p l i A N C E M A N Ag E M E N t E l E M E N t
t Ext o f i S o 14001 (for most clauses identical or very similar to OHSAS 18001)
C l Au S E N o.i S o 14001
C l Au S E N o.o H SA S 18001
1 Commitment to compliance Top management shall define the organization’s environmental policy and ensure that, within the defined scope of its environmental management system, it includes a commitment to comply with applicable legal requirements and with other requirements to which the organization subscribes which relate to its environmental aspects.
4.2 c 4.2 c
2 Identifying legislation and regulations
The organization shall establish, implement and maintain (a) procedure(s) to identify and have access to the applicable legal and other requirements to which the organization subscribes related to the organization’s environmental aspects.
4.3.2 a 4.3.2
3 Translating legal requirements into impact on the organization
The organization must establish, implement and maintain (a) procedure(s) to determine how these legal and other requirements apply to its environmental aspects.
4.3.2 b
4 Ensuring that organizational and technical measures are taken in order to comply with the requirements
The organization shall ensure that these applicable legal and other requirements to which the organization subscribes are taken into account in establishing, implementing and maintaining its environmental management system.
4.3.2 4.3.2
The objectives and targets shall be measurable, where practicable, and consistent with the environmental policy, including the commitments to prevention of pollution, to compliance with applicable legal requirements […].
4.3.3 4.3.3
The organization shall identify and plan those operations that are associated with the identified significant environmental aspects in line with its environmental policy, objectives and targets, in order to ensure that they are carried out under specified conditions […].
4.4.6 4.4.6
5 Self-assessing compliance Consistent with its commitment to compliance, the organization shall establish, implement and maintain a procedure(s) for periodically evaluating compliance with applicable legal requirements. The organization shall keep records of the results of the periodic evaluations.
4.5.2.1 4.5.2.1
6 Internal audit The organization shall ensure that internal audits of the environmental management system are conducted at planned intervals to a) determine whether the environmental or OHS management system conforms to planned arrangements, and has been properly implemented and is maintained, and b) provide information on the results of audits to management.
4.5.5 4.5.5
7 Management review of compliance
Reviews shall include assessing opportunities for improvement and the need for change to the environmental management system, including the environmental policy and environmental objectives and targets. Input to management reviews shall include:> results of internal audits and evaluations of compliance with legal requirements and other requirements to which the organization subscribes, and> changing circumstances, including developments in legal and other requirements related to the organization’s environmental aspects.
4.6 4.6
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oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
Compliance with legislation and regulations is also an important element of the EMAS (Eco Management and Audit Scheme) regulation. Under this regulation, companies can obtain the right to use a European ‘environmental logo’. To qualify, an organization must have an environmental management system and draw up an annual environmental report. The EMAS environmental management system is based on the ISO 14001 standard, but has some additional requirements. An organization following the plan outlined in this document will meet these requirements.
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c h a p t e r 3
3 The compliance management system in detail, by element
This chapter elaborates the elements of the compliance management system. The diagrams show in a nutshell the relationship between the step described and the steps before and after it.
3.1 Commitment to compliance
The organization’s top management must lay down its commitment to comply with legislation and regulations in its environmental and/or OHS policy. In practice, this is done by including a text in a ‘policy declaration’ signed by top management, in which other policy principles (such as the commitment to improving performance) are laid down.
More important than the written statement is the way that this commitment is communicated within the organization by its top management. It is essential that compliance with legislation and regulations is part of the organization’s internal culture. Simply putting a statement down on paper is not enough to bring this about, however; regular communication about the importance of compliance is part of this commitment. It is important that the culture allows for open communication about compliance, and that employees are encouraged to come forth promptly to discuss any problems with compliance.
Clause 4.4.2 of both standards is also relevant in this regard, since it sets requirements for creating awareness about compliance with the environmental or OSH policy, by the organization’s employees as well as third parties such as temporary workers.
Employee awareness and involvement can be encouraged by:> Oral and written communication from top management reiterating the importance of compliance, and the progress made in this area.> Making this a regular agenda item in meetings.
Commitment to compliance
§ 3.1
Impact of legalrequirements
§ 3.3
Keeping track of changes in legislation
and regulations§ 3.2
Identifying relevantlegislation and
regulations§ 3.2
Laid down in policy: the commitment tocomply with legislation and regulations
> > > >
>
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3.2 Identifying legislation and regulations
Which legislation and regulations are relevantThe organization must identify legislation and regulations that apply to it, meaning that they relate to the organization’s environmental and/or OHS aspects. On the basis of the organization’s process steps/ operations/present facilities, an evaluation is made of which legislation and regulations may apply. The requirements identified may be in both Dutch and European law or regulations. If an organization has operations outside the Netherlands, it must also identify the applicable legal requirements for the other country or countries. Identifying the relevant legislation and regulations is sometimes done in two steps. Sometimes legislation and regulations only apply if a particular limit or threshold is exceeded, for example, the presence of certain quantities of certain substances. It is then important:> to document why the legislation and regulations in question are applicable (or not);> in the case of ‘critical limits’, to ensure that limits are not exceeded, or if they are exceeded, that timely action is taken. A sample of this process is in annex 4.
For environmental legislation and regulations in the Netherlands, the organization can first ask:> Does the 2008 Activities Decree (Activiteitenbesluit) apply?> Does the organization need permits/licences to operate?
Connections to other legislation, semi-legislation (see below) and regulations arise from the Activities Decree and Water Act.
If an organization needs permits or licences to operate, then using the requirements in the permit/licence alone is not sufficient. The permit is a practical ‘translation’ of the law, in most cases of one particular law. For example, the scope of a permit required under the Environmental Management Act will not go much further than the Environmental Management Act itself, and may include a few requirements from the Activities Decree. Other requirements that apply to the company are not covered by these permits.
Commitment to compliance
§ 3.1
Impact of legalrequirements
§ 3.3
Keeping track of changes in
legislation andregulations
§ 3.2
identifying relevantlegislation and
regulations§ 3.2
Sources:– branch information– competent authority– www.antwoordvoorbedrijven.nl– Agentschap NL– www.arboportaal.nl– consulting firm
Regular checking bycompetent official
> > > >
> >
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Regarding OHS legislation and regulations in the Netherlands, it is important to know if an approved OHS ‘catalogue’ (regulations agreed by government and industry) is available for the sector in which the organization operates.
At European level, there is a distinction between regulations, directives and decrees. Regulations apply directly and do not have to be included in national legislation. Where European legislation is integrated in Dutch legislation and regulations, it is sufficient to use only the Dutch legislation. Where this is not the case, the European legislation applies in addition to the Dutch law.
Thus there are different levels of legislation, for example:> Permits/licences issued to the organization (if applicable).> National legislation.> European regulations, directives or decrees. > ‘Semi-legislation’.
For the sake of convenience, in this publication ‘semi-legislation’ is understood to refer to all agreements used as state of the art. Examples include:> Publications from the Hazardous Substances Publication Series (Publicatiereeks Gevaarlijke Stoffen, for example PGS 15).> State-of-the-art descriptions such as laid down in the workbooks for the environment and industry policy target groups or from the IPPC (Integrated Pollution Prevention and Control directive) in ‘best available technology’ (BAT) and BREF (BAT reference) documents.> Covenants.> OHS ‘catalogues’ referred to above.
Besides the legal requirements, there are other requirements that must be identified. Examples of these are requirements in insurance conditions, requirements of the parent company or requirements of customers. These will not be discussed further in this publication, but they must be included in the management system.
It must be realized that some legislation and regulations will be more clearly applicable and some less. An organization must also have an intention to be familiar with, and to comply with, less obvious legislation and regulations. The question is whether an organization can fairly be expected to be familiar with all the applicable legislation and regulations. This will also be taken into consideration during the certification process. The obvious legislation and regulations in any case will be those that SCCM has made summaries of (see www.sccm.nl) and legislation and regulations related to activities considered to entail risk from an environmental and/or OHS perspective.
Keeping up to date with legal and other requirementsThe overview of legal requirements must be kept up to date, even when there are changes to legislation. Organizations must therefore keep track of these changes and evaluate how they may affect areas such as operational control, as well as measuring and monitoring and any objectives.
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Enshrined in a procedure (or another method in the system) are:> who keeps track of changes in legislation and regulations and other requirements;> what sources of information are used;> how often this is done;> who translates this information into requirements for the organization, and how;> how this is recorded;> how changes are communicated internally;> who determines how, and how often, compliance with the requirements is checked.
It is important that the person responsible for keeping track of and evaluating legislation and regulations is also competent to do so (clause 4.4.2). Competence includes knowledge of:> the processes in the organization related to legislation and regulations;> the main thrust of the various kinds of legislation and regulations that can apply.
Often there are several officials/departments in an organization who play a part in this process, such as HRM for health-related legislation, Technical Services for inspection requirements and relevant technical standards, a QES (Dutch ‘KAM’; from quality, working conditions and environmental concerns) department for general legal changes, and possibly a legal/accounting department for insurance conditions, etc.
Good working relationships and laying down who does what can make these things clearer.
With regard to keeping track of changes in legal requirements, there must also be a regular check to see if the applicable requirements still fit the environmental and/or OHS aspects and the company’s operations. New or different requirements may apply due to changes in, or of, operations. There may also be requirements that no longer apply. If desired, evaluating the implications of legislation and regulations on new operations or changes can be a part of an MoC (Management of Change) procedure.
the result> A procedure concisely laying down who identifies and keeps up to date with legislation and regulations and how they do so (what the sources of information are; what format is used to record information; frequency of updating; the person responsible; where information is laid down).> An overview of legislation and regulations in effect and any other particular requirements. Annexes 1 and 5 show examples of a format for identifying legislation and regulations, giving an indication of the desired level of detail.
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Ex A M p l EAnnexes 1 and 5 give example of ways to set down information about the legislation and regulations.It is not always immediately clear whether a specific law or regulation applies, for example when its applicability is linked to concentrations of a substance. This can be laid down in an additional document. The Dutch guideline PGS 15, for example, contains many different requirements for storing hazardous substances. A company must first use safety-data sheets to determine whether the substances and the amounts it stores are governed by the PGS 15 guideline. These requirements are further dependent on whether the substance is stored indoors our outdoors, in a closet, vault or rack, on the ground floor or a higher floor. This information will determine if parts of the PGS 15 will (or will not) apply. The organization must determine which specific prescriptions apply to be able to monitor compliance. This is worked out with an example in annex 4.
3.3 Translating legal requirements into their impact on the organization
Once an organization knows which legislation and regulations affect it, it will be necessary to ‘unravel’ them to find the specific requirements that affect it. An organization can only make a pronouncement about its own compliance if these requirements are made explicit. This is a time-consuming (albeit one-time) operation, especially for organizations subject to many laws and regulations. Ultimately, however, it has great added value.
It must be clear how the legislation and regulations impact the organization, for example:> Technical provisions that must be made; > Organizational measures required;> Emissions that must be kept below certain levels;> Studies that must be done;> Notifications that must be made;> Obligatory monitoring, and monitoring reports.
Identifying relevantlegislation and
regulations§ 3.2
Implementing measures ensuring
compliance§ 3.4
impact of legalrequirements
§ 3.3
Keeping track of changes in
legislation andregulations
§ 3.2
Tasks and resposibilities in:– job descriptions– procedures and/or operational instructions – technical provisions
>> > > >
>
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The applicable articles/requirements/rules for each legal or other requirement can be added to the overview of legislation and regulations from step 1. Of course, this more detailed explanation may be set down in another document within the management system.
Linking the legal aspects with the register of environmental and/or OHS aspects and the risk inventory will make the right level of detail easier to see.
linking legislation/regulations to activities and officers Besides identifying legislation and regulations, an organization must identify and evaluate its environmental and/or OHS aspects. The organization’s operations/processes will dictate the line of approach. Making this identification usually shows a connection between the applicable legislation and regulations and the officers responsible. The organization can opt to combine the translating all the legal requirements into their impacts on the organization with the identifying of its environmental and/or OHS aspects. If it does so, it is important to ensure that all legislation and regulations have been adequately incorporated.
Ultimately, the responsibilities and tasks with regard to such things as legal requirements come together in the job descriptions, procedures and/or operational instructions. When identifying both environmental and/or OHS aspects and legislation and regulations, items in specific job or task descriptions or procedures/operational instructions can be numbered and referred to (see 3.4).
the result > A procedure (whether or not combined with the procedure from 3.3) which lays down who is responsible for determining the impact on the organization of the requirements in the applicable legislation and regulations. Additional conditions for implementation (frequency, method of documentation, etc.) can also be laid down.> An overview of the requirements per element of legislation and regulations, and their impacts on the organization.
SA M p l EAnnexes 2 and 6 contain tables with examples of how to systematically display the requirements in the applicable legislation and regulations. Since a given requirement can apply to more than one area in the organization, there is sometimes more than one ‘rule’ for the same requirement. Each table shows the person or department responsible for compliance and for ensuring compliance, with reference to a relevant document.Another approach is to link the requirements directly to the tasks necessary for adequate compliance. Examples are included in annexes 3 and 7.
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3.4 Ensuring that organizational and technical measures for meeting the requirements are taken
Once the organization knows which requirements apply, it determines how each requirement will impact it. What measures and action are necessary to comply with the requirements?
If a requirement has not yet been met, an action must be defined in the organization’s environmental or OHS programme (clause 4.3.3) to achieve compliance with it (this programme may be annually updated). It may be necessary to notify and confer with the competent authority to define this action.
The next step is to ensure that these measures and actions are actually taken. Doing so properly guarantees that the requirement is met even in between compliance checks (see step 4).
The method of ensuring compliance depends on the type of requirement for the organization. There are roughly four types of requirements:> ‘Static’ requirements: requirements for parts of the organization that do not change often, such as requirements for a building (fire-proof doors, presence of a sprinkler system, etc.).> Technical requirements: requirements for technical measures and maintenance.> Performance and monitoring requirements: requirements that entail taking measurements (of concentrations, annual obligations or amounts), keeping records or drawing up reports (including reports, measurements and studies by third parties).> Organizational requirements: for matters such as training and instructing personnel.
The static requirements are checked once and ensured using such tools as a ‘management of change (MoC) procedure’. This procedure determines, for example, what action and measures to take in the event of certain changes.
Impact of legalrequirements
§ 3.3
Self-evaluation of compliance with
legislation/regulations§ 3.5
Ensuring compliancemeasures work
§ 3.4
implementing measures ensuring
compliance§ 3.4
Methods for ensuring compliance include:– checklist– frequent measuring, recording and reporting– procedures and/or operational instructions– management of change procedure– translating measures into action and responsibilities
Define action in improvement programme to achieve compliance
>> > > >
>>
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Other methods for guaranteeing compliance include:> a checklist which is gone through at defined intervals;> frequent measuring, recording and reporting (these can be kept up to date in a register or overview of measurements, records and reports);> laying down the method in procedures or instructions which are ensured by means of internal audits;> translating requirements into action linked to officers and recording these actions once carried out (see examples in annexes 3 and 7).
The severity of these measures is proportional to the risk of nonconformities. The degree of guarantee must be heavier as the risks increase. The risk has often already been determined in the identification and evaluation phase. Its place in a risk matrix (chance x effect) is useful here.
The management system can include an overview by element of how compliance was ensured, if desired linked to the overview in step 2. If there are changes to legislation and regulations it will be easy to find what parts of the management system must be adapted. This kind of overview is a convenient aid, but the standard does not require it.
Result> Overview of how compliance with the requirements is ensured in the organization.
Ex A M p l EAnnexes 2 and 6 (right-hand columns) and 3 and 7 provide examples of how to ensure compliance with the applicable rules. Annexes 3 and 7 provide partial examples of how the requirements are translated into concrete tasks. Various instruments can be used including checklists, procedures, operational instructions, and record-keeping).
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3.5 Self-evaluation of compliance with legislation and regulations
The essence of this element is that an organization must be able to say with conviction that it has its compliance with legislation and regulations under control. It is difficult to guarantee that all legislation and regulations are being complied with at every moment. Round-the-clock monitoring of all the requirements is impossible. A focused approach should enable the organization’s management to have confidence that there is a high level of compliance and that any nonconformities are resolved (where necessary, in consultation with the competent authorities).
Assuming that the organization knows which legislation and regulations apply, and has translated requirements they contain into their impacts on it, it can get a structural idea of its own compliance by taking the following steps. This means that there is an established procedure for this self-evaluation.
Approach depends on the number of requirementsIf the number of requirements in legislation and regulations is limited, a checklist can be used for a periodic check that the requirements are being met. The management system can designate who fills out the checklist and at what intervals, how the results are reported to management, and how the rectification of nonconformities is ensured.
If the number of requirements is greater, it is a good idea to establish principles for the frequency with which compliance with the individual requirements is evaluated. This frequency will depend on factors like the chance of a nonconformity with the requirements and any consequences of a nonconformity. Using these general principles as a basis, an organization can determine the appropriate frequency and method of evaluation for each requirement.
Basis of the approach To determine how and how often compliance with particular requirements should be evaluated, there must be an idea of:> The chances of a nonconformity with these requirements arising.> The potential consequences of such a nonconformity for the environment, safety or working conditions.
Implementing measures ensuring
compliance§ 3.4
Internal audit§ 3.6
Self-evaluation of compliance with
legislation/regulations§ 3.5
Ensuring compliancemeasures work
§ 3.4
Frequency of evaluation depending on, for example:– number of legal requirements– chance of nonconformities– consequences of nonconformities for environment, safety or working conditions– frequency of change in requirements– consequences of change in requirements
> > >>
>
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There is a relationship here with the requirement from the standard to identify and evaluate environmental and/or OHS aspects. The OHSAS 18001 standard requires the application of a risk assessment in evaluating the OHS aspects. The ISO 14001 standard does not require this, although organizations with an integrated management system often do apply the risk assessment when identifying their environmental aspects. The SCCM publication ‘Information for product organizations: identifying and evaluating environmental aspects’ provides examples. The outcome of the risk assessment can be used to determine how strictly to specify the evaluation of compliance with legislation and regulation for a particular environmental aspect.
An organization can establish a few basic principles for specifying how it evaluates its own compliance. This can be done using the matrix also used for the risk assessment, as shown in table 2. Each organization can use its own categories for chances and effect.
Table 2: Example of principles for specifying self-evaluation of compliance
N Atu R E o f REquiREMENt
S Co p E o f R i S K 1
StAt i C t E C H N i CA l p E R f o R M A N C E/M o N i to R i N g
o RgA N i zAt i o N A l
Acceptable Test only if a change or incident occurs, as part of MoC2 procedure
> maintenance check 2x per year
> 2x per year data evaluated by environment/OHS coordinator
> 1x per month on rounds with checklist
High-risk 1x per month on rounds with checklist
> monthly maintenance check
> 4x per year data evaluated by environment/OHS coordinator
> 4x per year records evaluated by environment/OHS coordinator
Extremely high (unacceptable risk)
1x per week on rounds with checklist
> weekly maintenance check
> 12x per year data evaluated by environment/OHS coordinator
> 12x per year data evaluated by environment/OHS coordinator
1 Based on categories in table 6 of SCCM publication ‘Information for product organizations: identifying and evaluating environmental aspects ’
2 MoC = Management of Change procedure: among other things this procedure indicates what must be done, checked, recorded, etc. in the event of changes in the organization, processes or products.
The higher the risk becomes, the more often the self-evaluation must be performed. It must be clear how compliance is evaluated for each requirement. This means that it is known:> Who is responsible for carrying out the evaluation;> What is evaluated (for example which rules or checklist, etc.);> How to record that the evaluation has been done, and how any nonconformities are dealt with.
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Evaluating compliance can take various forms, including:> as part(s) of a checklist used for routine checks;> periodic agenda point(s) during meetings;> continuous or periodic measuring programme(s) and reporting results;> incidental measurement;> specific evaluation by management/production manager etc.;> internal audits with an additional audit focused specifically on the process of identifying and complying with legal requirements;> work-place inspections.
Checking compliance with legal and other requirementsAccording to the standard, the organization must periodically evaluate whether it is meeting these requirements and must keep records of this evaluation. The frequency of this evaluation can differ for each requirement. The organization must determine how often to evaluate the various requirements and how to perform the evaluation.
The method and the frequency of checking, including tasks and responsibilities, are set down in the procedure.
Result> A procedure that sets out how the organization evaluates its own compliance.> An overview (periodically if desired) serving as a basis for determining during the management review if compliance satisfies the principles established in the organization’s own policy.
3.6 Internal audit
During internal audits, the organization itself determines how the parts of its management system are working. The question is also whether the management system is good enough to achieve its objectives. One important objective is to comply with legislation and regulations. The internal audit yields essential information for the management review (see 3.7). The SCCM publication ‘Internal audits’ contains suggestions for carrying out internal audits.Sometimes people think that the internal audits can be used to perform the ‘self-evaluation’ in section 3.5. This is only possible to a limited degree. Since the internal audits are intended to evaluate the organization’s own system, they also test the effectiveness of the procedures for self-evaluating compliance. Compliance can only be evaluated using the internal audits if requirements from legislation and regulations are embedded in procedures or instructions.
Implementing measures ensuring
compliance§ 3.4
Management review of compliance
§ 3.7
internal audit§ 3.6
Ensuring compliancemeasures work
§ 3.5
Testing the effectiviness of procedures forevaluation organization’s own compliance
> >> >>
>
21ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
3.7 Management review of compliance
The results of the evaluation of compliance must be available during the management review (clause 4.6). If management is to make a judgement of compliance, they must be given an overview of performance. For top management, it is in any case important to know for which legislation and regulations compliance is critical and/or insufficient and what measures need to be taken (if necessary) to improve compliance. The cause of any nonconformity is also investigated so as to formulate corrective as well as preventive action.
An example of part of a management review procedure is in annex 9.
Result> A procedure for performing the management review (when, by whom, what information as input and what decisions are made).> For each management review, a report of the evaluation by top management of (among other things) compliance with legislation and regulations, and decisions about any necessary action (modifying policy; making means available, etc.).
Implementing measures ensuring
compliance§ 3.4
Management review of compliance
§ 3.7
Internal audit§ 3.6
Ensuring compliancemeasures work
§ 3.5
Evaluation by management on overview of complianceperformance
> > >>
>
22ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
c h a p t e r 4
Relationship to the other parts of the management system
This publication discusses the parts of the ISO 14001 and OHSAS 18001 standards having a direct reference to compliance with legislation and regulations. Other parts of the management system are also important for proper compliance. A brief indication of their relationship to compliance follows, in order of the elements of the standard.
The numbers of the sections of the standard are indicated, and are the same for both standards.
identifying environmental and oHS aspects (4.3.1)The legislation and regulations must be identified for the applicable environmental and/or OHS aspects. For most companies, the relationship between the environmental and/or OHS aspects and the legislation that applies to them is found in the register of environmental and/or OHS aspects. Often a column is added with references to the applicable legislation and regulations.
This reference is useful in the event of changes in legislation, since it makes it easy to find the applicable environmental or OHS aspect and the part of the organization to which it applies, and to assign the impact of the new legislation to the right part of the organization.
This relationship goes both ways: if there are changes to an environmental or OHS aspect due to factors such as changes in the process, the relevant legislation or regulation can be used to determine if the requirements are still being met.
Competence, training and awareness (4.4.2)The employee responsible for keeping track of legislation and regulations and translating the prevailing requirements to their impacts on the organization must have sufficient knowledge to perform this task.
Communication (4.4.3)Requirements in legislation and regulations that determine how work is performed must be communicated to employees to achieve compliance.
Control of documents (4.4.5)If procedures or instructions are drawn up for complying with and checking legislation and regulations, they fall under the requirements for control of documents.
23ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
Emergency preparedness and response (4.4.7)One of the things that must be evaluated in the event of an emergency or disaster is its effect on compliance with legislation and regulations and other requirements. If the requirements are not being met, even temporarily, a decision must be taken whether to inform the competent authority. Action must also be taken to control environmental and/or OHS aspects and reduce risks, and to come into compliance with the legal and other requirements as quickly as possible again.
Monitoring and measuring (4.5.1) control of records (4.5.4)Monitoring, measuring, or keeping records can be a requirement in prevailing legislation and regulations or other requirements. It also records the demonstrability of compliance with legislation and regulations.
Nonconformity, corrective and preventive action (4.5.3)If nonconformities are found during the evaluation of compliance, corrective and preventive action will be taken as quickly as possible.
24ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
a n n e x 1
Sample simple register of legislation and regulations for an offset printing firm
l AW, R E g u l At i o N o R ot H E R R E q u i R E M E N t
R E M A R KS WAy i N W H i C H l E g i S l At i o N, R E g u l At i o N o R ot H E R R E q u i R E M E N tS A p p ly
Activities Decree Prevailing regulations determined using the Netherlands environment (VROM) ministry’s AIM tool; see Activities Decree checklist. Not all of these rules actually apply. The rules that do not apply are in an overview indicating why each does not apply.
Applicable requirements are established / translated into a checklist. ‘Static’ (such as building-related) requirements are checked once. For recording, see file on checking legislation
Handbook of environmental measures for the graphics industry and packaging printers
Last update 2009/2010. The environmental measures checklist is gone through (once, see file on checking legislation). All prescribed measures have been implemented.
Netherlands emission guidelines for air (NeR)
VOC emission regulations for the graphic industry (general) from chapter 3.4.4. (April 2003). The measures regarding VOCs are in the workbook of environmental measures and not in the NeR.
The VOC requirements from the handbook are met (for recording, see file on checking legislation).
Decree on ozone-depleting substances (October 2003) and Regulation on leak-tight cooling installations (1997)
Applies to cooling installations maintained by a company accredited by STEK (foundation for preventing emissions in cooling technologies).
The company does not maintain cooling equipment itself. The STEK accreditation of the maintenance company is monitored by the suppliers’ evaluation.
Regulation on European waste catalogue (EURAL, 1 May 2002) and ‘ESV’ list (May 2004).
A company can use these lists to determine whether waste substances should be disposed of as hazardous waste or industrial waste, and if there are specific requirements for the use of substances. The EURAL list is available through the environment (VROM) ministry site, the ESV through the site communications-industry organ KVGO. All wastes disposed of as hazardous waste are identified in the procedure for waste separation and disposal.
All hazardous substances have EURAL codes and waste substance numbers before they are disposed of. The codes are in the procedure for waste disposal, and only change if the composition of a substance changes or if the company changes waste-collection agency. Control of codes is ensured in the procedure for waste disposal.
PGS 15 (2005, incl. errata pages) The PGS applies to storage of hazardous substances if substances have an ADR code from the guidelines, since the lower limit (from one of the ADR codes) is being exceeded.
The overview of hazardous substances lists substances which fall under the PGS 15 rules, based on their ADR codes. The substances, quantities and storage location are used to determine which PGS 15 rules apply. These rules are translated into a PGS 15 checklist; see annex 4
(Dutch) Working Conditions Regulations (article 4.3.2b) regarding maximum amounts of isopropyl alcohol (IPA) in damping water (2000).
Requirements in Working Conditions Regulations article 4.3.2. For automatic dosing systems, the legal limit is 8 percent by volume.
This requirement applies to all offset presses. IPA concentrations are checked and recorded weekly. The department head checks records and takes any necessary action. Internally a limit of 5% is observed.
25ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
the following (and other measures) do not apply:1 Het Solvents Decree (VOC emissions guideline) does not apply to offset printers.2 BREF: surface treatment with solvents (available through Infomil site but not applicable because the company uses under 100 tons of solvents).3 Packaging tax, applicable if over 50,000 kg of packaging is used per year. The company uses less than this amount.4 Insurance requirements; these have no relationship to environmental aspects.5 The permit has been replaced by the Activities Decree as of 1 January 2010. There are no rules in the permit which should be seen as custom guidelines during the transition period.
l AW, R E g u l At i o N o R ot H E R R E q u i R E M E N t
R E M A R KS WAy i N W H i C H l E g i S l At i o N, R E g u l At i o N o R ot H E R R E q u i R E M E N tS A p p ly
Regulation on packaging and packaging waste – paper and cardboard covenant II, of which the paper covenant is a part.
The paper-fibre covenant III applied until 31 December 2010 and the paper-fibre covenant IV applies from 1 January 2011 - 31 December 2014. The principle is to ensure collection of old paper and cardboard even if paper prices are low. Separating different paper grades will increase paper ‘yield’.
Paper and cardboard are disposed of separately. The waste separating procedure regulates which grades are disposed of separately.
National Waste Management Plan (LAP2 2009)
Establishes which wastes must be separated. The LAP2 indicates the minimum threshold quantities above which wastes must be separated. There is not a separate sector plan for printers giving additional requirements. The separation rules are described in the waste separation procedure.
REACH The role identification tool on the Reach helpdesk site finds that the printer is a downstream user.
The question tree from the identification tool and the requirements for downstream users are laid down in the ‘checking legislation’ file. The obligations for downstream users are in the purchasing procedure.
Requirements regarding sustainable purchasing of printed matter
This is not a legal requirement, but a customer demand
The requirements are in a table indicating how the requirements are being met.
26ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
a n n e x 2
Sample applicable legal environmental and compliance requirements
This example shows some of the requirements for a chemical company, along with the methods for ensuring the requirement is being met.
27ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
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jEC
tN
o.
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AR
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o,
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EMEN
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oD
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o.
Gen
eral
Wm
**-1
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W
m a
rtic
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14An
nual
insp
ectio
n of
ear
thin
g in
stal
latio
n by
an
accr
edite
d ex
pert
.Te
chni
cal s
ervi
ces
Mai
nten
ance
list
W
m-2
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W
m a
rtic
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9An
nual
pro
gres
s rep
ort a
bout
4-y
ear e
nviro
nmen
tal p
lan,
su
bmitt
ed to
com
pete
nt a
utho
rity
by 1
Mar
ch a
t the
late
st.
KAM
(QES
) dep
t.Re
port
Safe
tyS
(Saf
ety
Act)
-1PG
S 15
para
grap
h 3.
18Q
uant
ity o
f haz
ardo
us su
bsta
nce
not m
ore
than
250
0 kg
/litr
e (o
ther
wis
e a
jour
nal m
ust b
e ke
pt).
Stor
ehou
seCh
eckl
ist
CL 5
6+57
S-
2PG
S 15
para
grap
h 3.
1M
axim
um o
f 50
kg sp
ray
cans
.St
oreh
ouse
1Ch
eckl
ist*
Cl 5
6
S-
3PG
S 15
para
grap
h 3.
1M
axim
um o
f 50
kg sp
ray
cans
.St
oreh
ouse
2Ch
eckl
ist
CL 5
7
S-
4PG
S 15
para
grap
h 3.
3Th
e qu
ality
of t
he fl
oor m
ust b
e vi
sual
ly a
sses
sed
annu
ally
. Liq
uid-
proo
f floo
rs m
ust b
e in
spec
ted
once
eve
ry 5
yea
rs b
y an
aut
horiz
ed
pers
on.
Stor
ehou
seCe
rtifi
cate
+
Reco
rdin
g sy
stem
S-
5PG
S 15
para
grap
h 6.
2G
as b
ottle
s mus
t alw
ays b
e se
cure
d.St
oreh
ouse
Chec
klis
t
S-
6PG
S 15
para
grap
h 3.
9Pr
oduc
t sto
rage
cap
acity
: lea
k-pr
oof b
asin
s for
all
stor
ed p
rodu
cts
(min
imum
110%
of t
he la
rges
t pac
kage
and
at l
east
10%
of t
he to
tal
stor
age
abov
e th
e dr
ip tr
ay).
Stor
ehou
seO
verv
iew
of
stor
ehou
se se
t-up
w
ith m
ax. s
tora
ge
capa
citie
s
S
-7W
m
Wm
art
icle
T-11
Ope
n fir
es a
nd sm
okin
g ar
e pr
ohib
ited
whi
le fi
lling
a ta
nk. T
he
mot
or o
f a ta
nk tr
uck
mus
t be
turn
ed o
ff w
hile
coup
ling
and
unco
uplin
g th
e fil
ling
hose
and
whi
le fi
lling
a ta
nk.
Prod
uctio
nPr
oced
ure
S
-8W
m
Wm
a
rtic
le T-
12M
easu
res m
ust b
e ta
ken
agai
nst s
tatic
ele
ctric
ity w
hile
filli
ng a
ta
nk fr
om a
tank
truc
k, th
e co
nnec
tion
betw
een
tank
and
tank
tr
uck
mus
t be
pres
ent d
urin
g th
e en
tire
fillin
g pr
oces
s, in
clud
ing
coup
ling
and
unco
uplin
g of
the
hose
.
Prod
uctio
nPr
oced
ure
Build
ing
B-1
Build
ings
dec
ree
Fi
re e
xtin
guis
hers
, ann
ual i
nspe
ctio
n by
exp
ert.
Tech
. ser
vice
sM
aint
enan
ce li
st
Was
teW
-1Co
vena
ntAr
t. 16
Sepa
rate
dis
posa
l of p
aper
/ /p
last
ic/p
alle
ts/c
hem
ical
s.Pr
oduc
tion
Ope
ratio
nal
inst
ruct
ions
WI 1
01
W
-2N
atio
nal w
aste
m
gmt p
lan
2 (L
AP2)
chap
ter 1
5Se
para
te d
ispo
sal o
f was
tes:
pla
stic
cup
s (50
0 or
mor
e p/
wk)
, w
ood
(40
kg o
r mor
e p/
wk)
, met
al (4
0 kg
or m
ore
p/w
k), a
nd a
ny
rubb
le c
reat
ed.
All d
epar
tmen
tsO
pera
tiona
l in
stru
ctio
nsW
I 101
W
-3LA
P2Se
ctor
pla
n oi
l-con
tain
ing
was
teW
aste
cont
aini
ng o
il m
ust b
e se
para
tely
rem
oved
and
take
n to
an
accr
edite
d co
llect
or/p
roce
ssor
.Te
ch. s
ervi
ces
Chec
klis
tCL
101
Dis
char
geD
-1W
ater
act
Pollu
tion
of S
urfa
ce W
ater
s Act
pe
rmit
art.
4.1
Max
imum
dis
char
ge o
f Cr,
Cu, Z
n is
2 m
g/l,
flow
rate
max
4.5
m3
per 2
4 hr
s, sa
mpl
ing
1x p
er q
uart
er.
Prod
uctio
nAn
alys
is
28ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
SuB
jEC
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o.
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AR
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o,
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Do
C.N
o.
D
-2W
ater
act
Pollu
tion
of S
urfa
ce W
ater
s Act
pe
rmit
art.
4.2
Dis
char
ge o
f min
eral
oil
max
imum
20
mg/
l, sa
mpl
ing
1x p
er
quar
ter.
Prod
uctio
nAn
alys
is
D
-3W
ater
act
Pollu
tion
of S
urfa
ce W
ater
s Act
pe
rmit
6.1 a
nd 6
.2An
env
ironm
enta
l log
mus
t be
kept
cont
aini
ng sa
mpl
ing
data
and
re
sults
of a
naly
ses,
and
quan
tity
of w
aste
wat
er p
er 2
4 hr
s.Pr
oduc
tion
Reco
rdin
g sy
stem
Emis
sion
s to
air
E-1
Perm
itW
m a
rtic
le L-
5D
raw
up
a so
lven
ts ‘a
ccou
ntin
g sy
stem
’.Pu
rcha
sing
Reco
rdin
g sy
stem
E-
2Pe
rmit
Wm
art
icle
L-6
Inve
stig
ate
decr
easi
ng e
mis
sion
of h
ydro
carb
ons f
rom
the
faci
lity.
Prod
uctio
nRe
port
E-
3Pe
rmit
Wm
art
icle
L-7
Annu
al m
easu
rem
ents
acc
ordi
ng to
set-
up m
easu
ring
plan
.Pr
oduc
tion
Reco
rdin
g sy
stem
OH
SA-
1W
orki
ng
Cond
ition
s Act
(‘A
rbow
et’)
Artic
le 5
Empl
oyer
mus
t dra
w u
p a
Risk
Iden
tifica
tion
and
Eval
uatio
n (R
I&E)
an
d Ac
tion
Plan
.Pe
rson
nel
depa
rtm
ent
Proc
edur
e, R
I&E
A-2
Arbo
wet
Artic
le 9
Wor
kpla
ce a
ccid
ents
and
occ
upat
iona
l illn
esse
s mus
t be
reco
rded
an
d re
port
ed.
Pers
onne
l de
part
men
tPr
oced
ure
and
Emer
genc
y re
spon
se
plan
A-3
Wor
king
Co
nditi
ons D
ecre
e (‘A
rbob
eslu
it’)
Artic
le 4
.2An
add
ition
al R
I&E
mus
t be
done
for e
xpos
ure
to h
azar
dous
su
bsta
nces
.Pe
rson
nel
depa
rtm
ent
Proc
edur
e, R
I&E
A-4
Arbo
besl
uit
Artic
le 4
.3Ex
posu
re to
haz
ardo
us su
bsta
nces
mus
t rem
ain
belo
w th
resh
old
valu
es.
Pers
onne
l de
part
men
tO
verv
iew
of
mea
sure
men
ts ,
reco
rds,
proc
edur
e
A-5
Arbo
besl
uit
Artic
le 8
.1Pe
rson
al p
rote
ctiv
e eq
uipm
ent m
ust m
eet s
tand
ards
and
be
used
co
rrec
tly.
Purc
hasi
ng a
nd
KAM
/QES
.Pr
oced
ure,
in
form
atio
n, sa
fety
gu
ide
A-6
Arbo
besl
uit
Artic
le 8
.2Th
e us
e of
per
sona
l pro
tect
ive
equi
pmen
t mus
t be
eval
uate
d in
th
e RI
&E.
Pers
onne
l and
KA
M/Q
ES.
RI&
E an
d re
port
A-7
Arbo
besl
uit
Artic
le 8
.3Pe
rson
al p
rote
ctiv
e eq
uipm
ent m
ust b
e av
aila
ble,
use
d,
mai
ntai
ned
and
repa
ired.
KAM
/QES
and
Tech
. se
rvic
esPr
oced
ures
, sup
ply
man
agem
ent
* Se
e ex
ampl
e in
ann
ex 4
** W
m: E
nviro
nmen
tal M
anag
emen
t Act
29ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
a n n e x 3
Sample translation of legal environmental requirements into concrete tasks
Below is an example of a company that has translated its legal requirements into employee tasks (only those involving storage of hazardous substances are shown here). Where possible, the company has integrated the requirements into the procedures and operational instructions in its management system. For monitoring purposes (and sometimes for performing the tasks) the tasks have been put in a computerized system. After a task is completed, it must be ‘cancelled’ in the system. The environmental-OHS coordinator does random checks to see if the tasks have been performed well and carefully, and if compliance is being ensured and/or checked by means of the formulated tasks.
30ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
SuB
jEC
tlA
W o
R R
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oN
SuM
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liN
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ilED
D
ESC
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tio
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f R
Equ
iREM
ENtS
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EREN
CE
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DES
CR
ipti
oN
fR
Equ
ENC
ytA
SK
Ho
lDER
PGS
PGS
15Th
e gu
idel
ine
cont
ains
rule
s for
st
orin
g pa
ckag
ed h
azar
dous
su
bsta
nces
in su
ch a
way
as
to a
chie
ve a
n ac
cept
able
le
vel o
f pro
tect
ion
for p
eopl
e an
d th
e en
viro
nmen
t. Th
e re
quire
d le
vel o
f pro
tect
ion
is d
eter
min
ed b
y th
e cu
rren
t st
ate
of th
e ar
t for
cons
truc
ting
stor
age
faci
litie
s, fir
e-fig
htin
g sy
stem
s and
wor
k eq
uipm
ent.
The
cate
gorie
s and
defi
nitio
n of
haz
ardo
us su
bsta
nces
in
PGS
15 a
re a
lso
used
in th
e Ca
rria
ge o
f Dan
gero
us G
oods
Ac
t. Cl
assi
ficat
ion
of h
azar
dous
su
bsta
nces
take
s pla
ce in
co
nfor
man
ce w
ith th
e Eu
rope
an
ADR
agre
emen
t.
Stor
age
of
pack
aged
ha
zard
ous
subs
tanc
es
The
clas
sific
atio
n of
ha
zard
ous s
ubst
ance
s in
tabl
e 3
is b
ased
on
the
tran
spor
tatio
n le
gisl
atio
n AD
R. T
he ta
ble
show
s the
lo
wer
lim
its o
f haz
ardo
us
subs
tanc
es. T
he P
GS
15 d
oes
not a
pply
und
er th
is li
mit.
Ch
apte
r 3 (G
ener
al) a
pplie
s to
[com
pany
nam
e] fo
r bo
th in
tern
al a
nd e
xter
nal
stor
age
faci
litie
s, an
d ch
apte
r 6 (S
tora
ge o
f gas
bo
ttle
s) se
ts re
quire
men
ts
for s
tora
ge o
f gas
bot
tles
over
the
limit
of 11
5 lit
res.
>
over
view
of h
azar
dous
subs
tanc
es co
ntai
ning
max
imum
qua
ntiti
es,
st
orag
e si
tes,
part
ition
ing,
etc.
>
info
rmat
ive
mat
eria
ls
an
d re
cord
s of
part
icip
ants
’
info
rmat
ion
sess
ions
>
repo
rts o
f con
sulta
tions
invo
lvin
g su
bjec
ts a
bout
whi
ch e
mpl
oyee
s mus
t be
info
rmed
>
chec
klis
t of r
equi
rem
ents
in th
e en
viro
nmen
tal
pe
rmit
for s
tora
ge si
te a
nd
ad
ditio
nal r
equi
rem
ents
from
PG
S 15
Chec
k w
heth
er p
erso
nnel
pe
rfor
min
g ta
sks a
re
info
rmed
of r
equi
rem
ents
an
d ag
reem
ents
abo
ut
stor
ing
haza
rdou
s sub
stan
ces
(prim
arily
par
titio
ning
).Ch
eck
whe
ther
per
sonn
el a
re
adeq
uate
ly tr
aine
d.
annu
ally
….
Chec
k w
heth
er p
acka
ged
haza
rdou
s sub
stan
ces a
re
stor
ed a
ccor
ding
to th
e ru
les,
usin
g th
e ‘P
GS
15 ch
eckl
ist’
and
‘ove
rvie
w o
f par
titio
ns’.
quar
terly
….
Chec
k th
at th
e st
orag
e si
tes
satis
fy th
e en
viro
nmen
tal
perm
it re
quire
men
ts, u
sing
th
e ch
eckl
ist ‘
requ
irem
ents
for
stor
age
site
s’
annu
ally
….
Info
rm n
ew e
mpl
oyee
s abo
ut
the
requ
irem
ents
agr
eem
ents
ab
out s
torin
g ha
zard
ous
subs
tanc
es
mon
thly
….
Chec
k th
at th
e ac
tiviti
es o
f th
e AD
R sa
fety
adv
isor
are
sp
ecifi
ed
31ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
a n n e x 4
Sample translation of general environmental requirements into specific rules
PGS 15 is a guideline with many different requirements for storing hazardous substances. Using safety-data sheets, a company must first determine whether the substances and amounts of them stored fall under PGS 15. The requirements are then dependent on whether the substance is stored inside or outside, in a closet, vault or rack, on the ground floor or an upper floor. These findings will determine which parts of the PGS 15 will (or will not) apply. To monitor compliance, it must be determined which specific rules apply.
The substance of this annex will be linked to the overview of the applicable legislation and regulations in annex 1 and/or the elaboration of the requirements in annex 2. One of the rules the company must obey is the PGS 15 for storing hazardous substances. The PGS 15 analysis is based on the overview of hazardous substances and ADR codes that a company must have available.
Analysis of the applicable requirements from PGS 15 (28 June 2005) including published addenda sheets up to 1 September 2010(Note: this overview is not complete!)
§ 3.1 Indicates that chapter 7 of PGS 15 (§ 3.11) should be referred to for storage of spray cans. It also indicates that the threshold is 50 kg. This means than the PGS 15 only applies if more than 50 kg of spray cans are stored (§ 3.1.2). Conclusion: the company stores less than 50 kg of spray cans, thus PGS does not apply here.
Working stock (the amount used in one day or batch) is not covered by PGS 15. Drawing off or racking is not permitted in the storage space. Empty packaging not yet cleaned is covered by PGS, however, and is stored as full packaging.
§ 3.2 Construction requirements Conclusion: the requirements for the hazardous substances storage space are covered by the prevailing requirements since the storage space existed before the publication of PGS 15 in July 2005. The requirements for storage space are listed in the permit. These requirements are checked once only, and compliance is further guaranteed by means of a management of change (MoC) procedure.
32ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
§ 3.3 Concerns floor qualityConclusion: the floor has a liquid-proof finish and must undergo periodic visual inspection.
§ 3.4 Concerns the quality of racks Conclusion: construction requirements are checked and ensured in the management of change procedure. They have periodic visual inspection.
§ 3.5 protection from lightningConclusion: lightning-proofing the facility is not necessary. This is determined using the Dutch standard NEN 1014. See the company notice: Implementing the calculation model for lightning-proofing.
§ 3.6 Explosive safety Conclusion: given the nature of the substances, there is no danger of explosion and therefore no measures of this type need to be taken.
§ 3.7 VentilationConclusion: the requirements for ventilation in the storage space were introduced during construction of the space. At least once a year, the ventilation equipment is checked to see that it functions properly and that nothing is blocking it. When the check has been performed it is recorded in the checklist ‘Meeting the PGS 15 requirements’.
§ 3.8 prevention of contaminated rainwater Conclusion: this rule does not apply, since the external storage is in an appropriate (closed) container. Rainwater cannot get onto the floor of the container.
§ 3.9 product containmentConclusion: All stored containers have leak-proof basins underneath. These basins must be able to contain at least 110% of the contents of the largest package and with at least 10% of the total amount stored. We will check this periodically.
§ 3.10 fire-proof storage closetsConclusion: Since the company uses storage vaults and not closets, this rule does not apply.
§ 3.11 packaging and labelling The packaging of hazardous substances meets the ADR requirements. The substances are stored in the approved packages in which they were delivered. The same holds for the labelling of the hazardous substances, which were labelled by the supplier.Conclusion: Only undamaged, labelled packages are being stored. If labels are (or have become) illegible, a replacement label is attached. The legibility of labels and damage to packages is checked.
NB: if a company has several storage spaces which all are covered by pgS 15, the applicable rules for each space must be determined. the rules can differ on the basis of, for instance, location (inside vs. outside, ground floor vs. upper floor), kind of substance stored or the amount(s) of substances stored.
33ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
Sample pgS 15 checklist (not complete)
A Rt. N o. R u l E / q u E St i o N f RoM p g S 15 C H E C K yE S/N o R E M A R KS / f i N D i N g S
Alg. Are all substances (including wastes), excepting the working stocks stored in the closets or basins intended for them?
Alg. Does everything look tidy and orderly (good housekeeping)?
3.1.3 Is the working stock no more than one day’s consumption?
3.1.4 Are there indications that draining or racking is taking place in the storage area?
3.1.5 Are empty, not-cleaned packages stored like full ones?
3.3.3 Is the floor clean and without cracks? (Visual inspection)
3.4 Is the quality of closets, basins, and racks good? (No damage, collapsed shelves, and collision protection still intact)
3.9 Are the leak-proof basins large enough? (each basin must be able to accommodate 110% of the volume of the largest container and at least 10% of the total volume of packages stored), calculated for each basin separately. If the agreements for substances and number of containers per basin/rack are met, the volume requirement has been met.
3.11 Is the packaging of the hazardous substances sufficient? (whole, sealed, original, ..)
3.11 Does the packaging have proper labelling and hazard symbols?
Check that substances which should not be stored together are stored separately).See the partitioning overview ……
34ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
a n n e x 5
Sample of simple register of OHS legislation and regulations for an offset printing company
l AW, R E g u l At i o N o R ot H E R R E q u i R E M E N t
R E M A R KS WAy i N W H i C H l E g i S l At i o N, R E g u l At i o N o f ot H E R R E q u i R E M E N tS A p p ly
Working Conditions Act (Arbowet)
The Working Conditions Act contains general rules for employers and employees, to ensure a safe and healthy workplace. Not every article in the Act applies to this company. The articles which do not apply are in an overview indicating why each does not apply.
Using the risk inventory and evaluation for the ‘Grafimedia’ sector, the company checks to see that it is complying with all the rules from the Working Conditions Act, Working Conditions Decree and the Working Conditions Regulations. This RI&E is performed every four years, and must be done sooner if there are changes to legislation and regulations or in the company. There is an annual check to see if the RI&E must be repeated earlier.
Working Conditions Decree (Arbobesluit)
The general rules in the Working Conditions Act are elaborated on in the Working Conditions Decree. Here as well, not all articles will apply. The articles that do not apply are in an overview indicating why each does not apply.
See text for Working Conditions Act.
Working Conditions Regulations (Arboregeling)
The Working Conditions Regulations contains more specific rules of the Working Conditions Act. Not all regulations apply to this company. The articles that do not apply are in an overview indicating why each does not apply.
See text for Working Conditions Act.
Graphic media sector requirements (‘Arbocatalogus Grafimedia’)
The Grafimedia requirements ‘catalogue’ was drawn up by representatives of both employers and employees in the graphic media branch. It contains minimum standards that companies working in the branch must meet, as well as suggestions for solutions.
The company has read all the subject pages of the ‘catalogue’ on www.arbografimedia.nl. Using the checklists and the RI&E, they have checked if all requirements are being met. There is a check each year of whether there have been any changes that make it necessary to read the pages again.
Working Times Act (Arbeidstijdenwet)
The Working Times Act prohibits employees working too many hours in a day or week.
The Ministry of Social Affairs’ (SZW) brochure on the Working Times Act has been read. The working hours and break times meet the requirements in the Act. If working hours or break times change, or if an employee is pregnant, the brochure will be checked again. There is an annual check to see if there have been changes to the Working Times Act.
Work and Care Act (Wet Arbeid en Zorg)
The Work and Care Act regulates different forms of leave, so that employees can better coordinate work with receiving and giving needed care.
If an employee’s leave may fall under the Work and Care Act (pregnancy, maternity, adoption, foster care, emergency and other short-term leave, care leave, maternity/paternity leave, or long-term care under the Dutch life-course savings scheme), the checklist based on this law is used.
35ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
l AW, R E g u l At i o N o R ot H E R R E q u i R E M E N t
R E M A R KS WAy i N W H i C H l E g i S l At i o N, R E g u l At i o N o f ot H E R R E q u i R E M E N tS A p p ly
Gatekeeper Improvement Act (Wet verbetering Poortwachter)
Officially called the ‘Eligibility for Permanent Invalidity Benefit (Restrictions) Act,’ this Act provides rules for the first two years of illness, with the goal of keeping the period of illness as short as possible.
In the event of illness, the company goes through the checklist, drawn up in consultation with the company doctor.
Tobacco Act (Tabakswet) The Tobacco Act provides measures to minimize tobacco use, and to protect non-smokers from second-hand smoke.
There is no smoking allowed inside the company premises. Smokers may smoke in the smoking area outside the building. This complies with the Tobacco Act. Each year there is a check for changes in the Tobacco Act.
Works Councils Act (Wet op de Ondernemingsraden)
This Act contains rules for the works councils and employee representative bodies.
Since the company has fewer than 50 employees, it is not required to have a works council. An annual poll is taken among employees asking if they find a need for an employee representative body.
Grafimedia Collective Labour Agreement (CAO)
The Collective Labour Agreement for the Grafimedia sector contains agreements about illness, leave, risk inventory and evaluation, and training.
The agreements in the CAO are incorporated in the checklist for leave and the checklist for illness. A summary is made of agreements about training that is used in performance appraisal interviews. In performing the RI&E, the testing agreements described in the CAO are used. With any new CAO, the checklists are modified and there is a check to see if other modifications to policy of procedures are necessary.
36ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
a n n e x 6
Sample applicable legal OHS requirements and how to ensure compliance
S u Bj E Ct N o. l AW A Rt. N o. R E q u i R E M E N t p Ro C E S S/D E pt. E N S u R E D By D o C. N o.
Policy P-1 Working Conditions Act
Article 5 The employer must draw up a risk identification and evaluation (RI&E) and an action plan.
Personnel and QES depts.
Procedure, RI&E
P-2 Working Conditions Act
Article 9 Occupational accidents and illnesses must be recorded and in certain cases reported.
Personnel and QES depts.
Procedure, Emergency plan
P-3 Working Conditions Decree
Article 4.2 An additional RI&E must be made for exposure to hazardous substances.
Personnel and QES depts.
Procedure, RI&E
P-4 Working Conditions Decree
Article 4.3 Exposure to hazardous substances must stay below threshold limit values.
Personnel and QES depts.
Overview of measurements, records, procedure
Personal Protective Equipment (PPE)
PPE -1 Working Conditions Decree
Article 8.1 Personal protective equipment must meet standards, fit the hazard, circumstances and the person, and be used correctly.
Purchasing and QES depts.
Procedure, informing employees, safety guide, PPE register
PPE -2 Working Conditions Decree
Article 8.2 The use of personal protective equipment is evaluated in the RI&E.
Personnel and QES depts.
RI&E report
PPE -3 Working Conditions Decree
Article 8.3 Personal protective equipment must be available, used, maintained and repaired.
Purchasing, QES dept. and technical services
Procedures, supply management, PPE register
Noise N-1 Working Conditions Decree
Article 6.7 The RI&E must evaluate the noise levels to which employees are exposed.
Personnel and QES depts.
Procedure, RI&E report, Noise reports
N-2 Working Conditions Decree
Articles 6.8 and 6.9
If threshold limit values are exceeded, measures are taken, keeping in mind occupational hygiene requirements.
Technical services, Personnel and QES depts.
RI&E report, noise report, action plan
N-3 Working Conditions Decree
Article 6.10 An audiometric examination must be offered if threshold limit values are exceeded.
Personnel and QES depts., company physician
Procedure, register, individual medical dossiers
N-4 Working Conditions Decree
Article 6.11 Information and instructions should be given to employees if certain threshold limit values are being exceeded.
Personnel and QES depts.
Procedure, RI&E-report, noise reports, information campaign
37ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
S u Bj E Ct N o. l AW A Rt. N o. R E q u i R E M E N t p Ro C E S S/D E pt. E N S u R E D By D o C. N o.
N-5 (Rubber/plastics industry)Requirements(Arbocatalogus NRK)
Solutions for noise
Compressed-air hose openings must be fitted with “quiet” nozzles. Employees are given instructions (they usually believe that these nozzles work less well).
Technical services and QES dept.
Checklist, information campaign
CL 201
N-6 NRK Requirements Solutions for noise
Use mufflers when releasing product (releasing compressed air after pressure buildup).
Technical services Checklist CL 201
N-7 NRK Requirements Solutions for noise
Cool with water instead of quick air-cooling.
R&D, Technical services
Redesign
N-8 NRK Requirements Solutions for noise
Cleaning with a vacuum cleaner instead of compressed air.
Production Procedure, information campaign
N-9 NRK Requirements Solutions for noise
Limiting how far a product may fall. R&D, Technical services
Redesign
N-10 NRK Requirements Solutions for noise
Breaking the fall of dropped products. R&D, Technical services
Redesign
Working hours and breaks
WRT -1
Working Times Act Article 5:7 An employee may work no more than 12 hours per shift.
Personnel dept. and production
Registration system
Article 5:7 An employee may work no more than 60 hours per week.
Personnel dept. and production
Registration system
Article 5:7 The average weekly hours worked over a period of 4 weeks must not exceed 55 hours.
Personnel dept. and production
Registration system
Article 5:7 The average weekly hours worked over a period of 16 weeks must not exceed 48 hours.
Personnel dept. and production
Registration system
Article 5:4 If an employee works more than 5.5 hours, he or she must have at least 30 minutes’ break. This may be split into two 15-minute breaks.
Personnel dept. and production
Registration system
Article 5:4 If an employee works more than 10 hours, the break must be at least 45 minutes. It may be divided into several breaks of at least 15 minutes each.
Personnel dept. and production
Registration system
38ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
a n n e x 7
Sample translation of legal OHS requirements into concrete tasks
Below is an example of a company that has translated its legal requirements into employee tasks (only a few tasks related to noise). Wherever possible, the company has integrated the requirements into the procedures and operational instructions in its management system. For monitoring purposes (and sometimes for performing the tasks) the tasks have been put in a computerized system. After a task has been completed it must be ‘cancelled’ in the system. The environmental-OHS coordinator performs random checks to see if the tasks have been performed well and carefully and if compliance is being ensured and/or checked by means of the formulated tasks.
39ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
SuM
MA
Ry
liN
KD
EtA
ilED
DES
CR
ipti
oN
of
REq
uiR
EMEN
tSR
EfER
ENC
ED
ESC
Rip
tio
N o
f tA
SKfR
Equ
ENC
ytA
SK
pER
foR
MED
B
y
Wor
k eq
uipm
ent
mus
t com
ply
with
the
rele
vant
Co
mm
oditi
es A
ct
decr
ees.
ww
w.w
ette
n.nl
If w
ork
equi
pmen
t has
a C
E m
ark,
has
an
EC d
ecla
ratio
n of
conf
orm
ity a
nd is
use
d in
ac
cord
ance
with
the
inst
ruct
ions
, it
may
be
assu
med
that
the
equi
pmen
t com
plie
s with
the
rele
vant
Com
mod
ities
Act
dec
rees
.
Ove
rvie
w o
f equ
ipm
ent w
ith E
C de
clar
atio
n of
conf
orm
ity a
nd
Dut
ch-la
ngua
ge in
stru
ctio
ns.
For e
very
item
of e
quip
men
t, m
ake
a se
t with
the
EC d
ecla
ratio
n of
conf
orm
ity a
nd in
stru
ctio
ns.
Onc
e fo
r all
equi
pmen
t. Su
pple
men
t whe
n ne
w
equi
pmen
t is a
cqui
red.
Onc
e a
year
, che
ck th
at e
very
thin
g is
up
to
date
and
com
plet
e.
…..
If th
e ab
ove
is n
ot th
e ca
se, i
t m
ust b
e de
mon
stra
ted
that
the
equi
pmen
t com
plie
s with
the
requ
irem
ents
from
the
Wor
king
Co
nditi
ons D
ecre
e.
Equi
pmen
t rep
ort
See
if eq
uipm
ent w
ithou
t CE
mar
ks co
mpl
ies w
ith th
e re
quire
men
ts fr
om th
e W
orki
ng
Cond
ition
s Dec
ree
Onc
e fo
r all
equi
pmen
t. Su
pple
men
t whe
n ne
w
equi
pmen
t is a
cqui
red.
Onc
e a
year
, che
ck th
at e
very
thin
g is
up
to
date
and
com
plet
e.
…..
Equi
pmen
t mus
t be
per
iodi
cally
in
spec
ted/
test
ed.
ww
w.w
ette
n.nl
Wor
n eq
uipm
ent w
hich
coul
d ca
use
dang
erou
s situ
atio
ns m
ust
be in
spec
ted
and
if ne
cess
ary
test
ed.
Logb
ook
and
mai
nten
ance
pla
nO
n th
e ba
sis o
f ins
truc
tions
for
the
equi
pmen
t, se
e if
insp
ectio
n is
ne
cess
ary.
Onc
e. A
t acq
uisi
tion
of n
ew
mac
hine
s/eq
uipm
ent/
tool
s. …
..
Equi
pmen
t is i
nspe
cted
if sp
ecia
l ci
rcum
stan
ces a
re a
reas
on to
do
so.
Logb
ook
and
mai
nten
ance
pla
nO
n th
e ba
sis o
f ins
truc
tions
for
the
equi
pmen
t, se
e if
insp
ectio
n is
ne
cess
ary.
Onc
e. A
t acq
uisi
tion
of n
ew
mac
hine
s/eq
uipm
ent/
tool
s. …
..
Prev
entiv
e m
aint
enan
ce
of m
achi
nes,
equi
pmen
t and
to
ols
A m
aint
enan
ce p
lan
mus
t be
draw
n up
in w
hich
revi
ew d
ays a
re
plan
ned
in a
dvan
ce.
Mai
nten
ance
pla
nD
raw
up
a m
aint
enan
ce p
lan.
Onc
e. A
t acq
uisi
tion
of n
ew
mac
hine
s/eq
uipm
ent/
tool
s. O
nce
a ye
ar, c
heck
that
all
equi
pmen
t is
incl
uded
in th
e pl
an.
…..
If de
sire
d, m
ake
a m
aint
enan
ce
‘pas
spor
t’ fo
r eac
h m
achi
ne.
mai
nten
ance
‘pas
spor
t’M
ake
a m
aint
enan
ce ‘p
assp
ort’
for e
ach
mac
hine
.…
..
Hav
ing
empl
oyee
s do
mor
e pr
even
tive
mai
nten
ance
th
emse
lves
can
pro
vide
var
iety
in
thei
r job
des
crip
tion.
mai
nten
ance
‘pas
spor
t’La
y do
wn
wha
t par
t of
mai
nten
ance
is p
erfo
rmed
by
empl
oyee
s on
the
wor
k flo
or,
tech
nica
l ser
vice
s em
ploy
ees,
and
outs
ide
com
pani
es.
Onc
e. A
t acq
uisi
tion
of n
ew
mac
hine
s/eq
uipm
ent/
tool
s. O
nce
a ye
ar, c
heck
that
all
equi
pmen
t is
incl
uded
in th
e pl
an.
…..
40ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
SuM
MA
Ry
liN
KD
EtA
ilED
DES
CR
ipti
oN
of
REq
uiR
EMEN
tSR
EfER
ENC
ED
ESC
Rip
tio
N o
f tA
SKfR
Equ
ENC
ytA
SK
pER
foR
MED
B
y
Gui
delin
es fo
r saf
e w
orki
ng w
ith a
cu
tter
ww
w.a
rboc
atal
ogus
-vl
ees.n
lTh
e cu
tter
mee
ts th
e fo
llow
ing
safe
ty re
quire
men
ts:
1. Th
e cu
tter
has
a h
ood
that
en
sure
s tha
t the
mac
hine
is o
ff if
th
e ho
od is
rais
ed. T
he h
ood
has a
sa
fety
cat
ch.
Logb
ook
and
mai
nten
ance
sc
hedu
le.
Chec
k th
ese
aspe
cts w
hen
purc
hasi
ng th
e cu
tter
. Dur
ing
perio
dic
mai
nten
ance
, che
ck if
this
re
quire
men
t is s
till b
eing
met
.
At p
urch
ase
and
annu
ally
.…
..
2. T
he c
utte
r‘s o
pera
ting
syst
em is
su
ch th
at it
can
not b
e tu
rned
on
acci
dent
ally
.
Logb
ook
and
mai
nten
ance
sc
hedu
le.
Chec
k th
ese
aspe
cts w
hen
purc
hasi
ng th
e cu
tter
. Dur
ing
perio
dic
mai
nten
ance
, che
ck if
this
re
quire
men
t is s
till b
eing
met
.
At p
urch
ase
and
annu
ally
.…
..
3. T
here
is a
feat
ure
whe
re th
e cu
tter
doe
s not
wor
k if
ther
e is
a
mal
func
tion
in th
e sa
fety
cont
rol.
Logb
ook
and
mai
nten
ance
sc
hedu
le.
Chec
k th
ese
aspe
cts w
hen
purc
hasi
ng th
e cu
tter
. Dur
ing
perio
dic
mai
nten
ance
, che
ck if
this
re
quire
men
t is s
till b
eing
met
.
At p
urch
ase
and
annu
ally
.…
..
4. T
he m
achi
ne is
in g
ood
cond
ition
.M
aint
enan
ce sc
hedu
leCh
eck
the
cond
ition
of t
he
mac
hine
ann
ually
.An
nual
ly.
…..
5. E
mpl
oyee
s wea
r cut
-res
ista
nt
glov
es w
hen
repl
acin
g th
e cu
tter
bl
ades
.
Pers
onal
pro
tect
ive
equi
pmen
t re
gist
er.
Prov
ide
cut-
resi
stan
t glo
ves t
o em
ploy
ees w
ho re
plac
e cu
tter
bl
ades
, and
supe
rvis
e th
eir u
se.
Cont
inuo
us…
..
6. E
mpl
oyee
s wor
king
with
cut
ters
re
ceiv
e re
peat
ed in
stru
ctio
n in
sa
fe u
se o
f the
cut
ter (
prop
er u
se
of sa
fety
hoo
d/ca
tch,
nec
essa
ry
caut
ion
whe
n re
mov
ing
mea
t).
Min
utes
of e
mpl
oyee
mee
ting.
Tr
aini
ng p
erio
d fo
rm.
Dev
ote
time
in th
e em
ploy
ee
mee
tings
to w
orki
ng sa
fely
with
cu
tter
s. G
ive
new
em
ploy
ees
info
rmat
ion
abou
t saf
ety
whe
n w
orki
ng w
ith c
utte
rs.
Annu
ally
and
at h
ire.
…..
41ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
a n n e x 8
Sample translation of general OHS requirements to specific rules
This is an example of a way to determine whether legislation and regulations apply using specific rules. Sometimes legislation and regulations only apply if certain limits are exceeded. Here, a company canteen has computer display units (VDUs) in several places. They must find out which work stations the OHS legislation and regulations about working with computer displays apply to.
Article 5.8 of the Working Conditions Decree indicates that the articles about working with computer displays do not apply to:
1a Operating stations on machines;1b Computer systems intended primarily for use by the public;1c So-called portable systems not continuously in use on a workstation;1d Calculating machines, cash tills and other equipment provided with a small display for information or quantities and required for the direct use of this equipment;1e Conventional typewriters with displays;2 Neither does this Section apply to work whereby an employee usually uses a VDU less than two hours in every 24 hours.
42ComplianCe with legislation and regulations for users of environmental and/or ...
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Below is a list of the displays in the company canteen and in its offices, work spaces and storage spaces.
ConclusionFor the time being, the rules from OHS legislation and regulations relevant to computer display work only apply to the restaurant team leader’s work station.
S pAC E N uM B E R
D E S C R i pt i o N o f D i S p l Ay D o E S o H S l E g i S l At i o N A p p ly?
Ex p l A N At i o N C H E C K i N g
1.01 Restaurant team leader’s display Yes More than two hours per day, traditional computer work station.
1.01 Cook’s display No Average of 1.5 hours per day. Check annually if amount of computer work has increased.
1.02 Assistant team leader’s display No Average of less than one hour per day. Check annually if amount of computer work has increased.
1.02 Kitchen workers’ shared work station No Average of less than one hour per day. Check annually if amount of computer work has increased.
1.03 Cold room, display on refrigerator No Display for direct use of equipment (1d).
1.04 Walk-in freezer room, display on freezer No Display for direct use of equipment (1d).
1.10 Restaurant, staffed cash desk No Cash till (1d)
1.10 Restaurant, automatic cash desk No Used by the public (1b)
1.10 Restaurant, computer for ordering No Average of less than one hour per day. Check annually if amount of computer work has increased.
1.12 Dishwashing area, display on dishwasher No Display for direct use of equipment (1d).
1.13 Kitchen, deep-fat fryer display No Display for direct use of equipment (1d).
1.13 Kitchen, oven display No Display for direct use of equipment (1d).
1.15 Supply room, PDA for supply management No Portable system not continually in use (1c).
43ComplianCe with legislation and regulations for users of environmental and/or ...
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a n n e x 9
Sample management review procedure
Below is a part of the management review procedure, around the input and analysis regarding legislation and regulations.
Documents to be supplied for the management review:> procedure for keeping track of legislation and regulations;> overview of changes in the organization (including other changes in process or product) and the follow-up with regard to legislation and regulations (including updating applicable legislation and regulations fitting the environmental and OHS aspects, determining impact on the organization, taking measures to achieve compliance, information campaigns within the organization, etc.);> report of evaluation(s) of compliance with legislation and regulations (performance): conclusions, nonconformities, analysis of cause, corrective or preventive action;> reports of external monitoring (by government authorities etc.): nonconformities, cause analysis, corrective or preventive action;> reports/results of internal and external audits regarding legislation and regulations: nonconformities, cause analysis, corrective or preventive action;> results of competency analysis of employee(s) responsible.
Analysis by top management:> evaluate whether the method of keeping track of legislation and regulations ensures an up-to-date register of legislation;> evaluate whether changes in the organization have been adequately followed up;> evaluate if the way compliance is achieved, and the compliance itself, is sufficient;> evaluate whether sufficient corrective or preventive action has been taken;> evaluate whether the procedure for corrective action is sufficient;> evaluate whether the employee(s) involved have sufficient competence and if they need additional training.
Conclusion by management:With the management review, top management determines if the management system is still suitable, appropriate and effective. Part of this is determining if the compliance management system or method is still suitable, appropriate and effective, and that it ensures continual compliance with legal and other requirements.
44ComplianCe with legislation and regulations for users of environmental and/or ...
oCCupational health and safety management systems |n100824 v e r s i o n o f 10 J u ly 2012
Contact
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SCCM
P.O. Box 135072501 EM The Hague
T +31 (0)70 362 39 81E info@sccm.nlI www.sccm.nl
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