Person hearing about Health and Safety prosecution!Legal Register and Legal Compliance

Are you sure that you are complying with all relevant health
and safety legislation?

OHSAS 18001:2007 clause 4.3.2 states that the organization shall establish, implement and maintain a procedure(s) for identifying and accessing the legal and other OH&S requirements that are applicable to it.

Even if not considering 18001 certification , it is still necessary for every organisation to comply fully with all relevant health and safety legislation and the penalties for not doing so can be severe. The only real solution is to have a procedure in place that ensures compliance with legislation is being managed effectively. The acid test is whether the following three questions can be answered positively.

How are you sure?

Ask yourself the following three questions:

Do you have a comprehensive and up-to-date list of the legislation that applies to your organisation?

It is easy to obtain a list of legislation that is enforced by the HSE – it is freely available on their website. However, there is a whole lot of legislation that falls within the health and safety remit that is not enforced by the HSE. For example, the need for an 'accident book'. This is not health and safety legislation at all, it is social security legislation and is there for the purposes of sick pay.

Other examples of legislation that are usually dealt with by health and safety professionals, despite not being enforced by the HSE include:

The amount of legislation enacted is increasing; in 2008, there were 1666 Statutory Instruments, in 2009 there were 2008, and in 2010 there were 2971 etc. Does your organisation have a robust procedure for identifying all relevant legislation?

Have you identified all the requirements imposed by all relevant items of legislation?

Whilst a list of legislation is available to download, free, from the legislation.gov.uk website, this website admits that it does not keep Statutory Instruments up-to-date with all the amendments.

You could use the HSE's published guidance on the legislation since this guidance includes the amendments. There are three problems with this.

Are you systematically measuring the extent to which your organisation is complying with relevant legislation?

Once you have the relevant legislation and have identified what the requirements are for your organisation then you need to assess your level of compliance to that legislation and then regularly review your compliance.  This is normally achieved by some type of formal inspection.  Such inspections enable you to identify areas for improvement and measure your effectiveness. 

Gathering the information is one thing but then analysing it correctly and producing meaningful reports is another!

If you cannot answer these questions positively with absolute certainty, we can help. Hastam offers three services that provide a comprehensive solution to these issues at a modest annual cost, detailed below.

1. LEGAL REGISTER SERVICE

2. CHASE LEGAL COMPLIANCE AUDIT SOFTWARE
To enable you to put in place a robust auditing regime to demonstrate compliance and identify improvement actions Hastam provides and a software Audit Tool, together with training and guidance for its effective use.

3.   EXTERNAL AUDIT OF LEGAL COMPLIANCE 
Hastam can also provide an external audit of compliance. This service provides you with both an external assessment of your degree of compliance and an assessment of the accuracy of your internal measurement of compliance. The cost of the audit is dependent on the extent of exercise you require.

 

For more details as to how Hastam could assist your organisation address your H&S legal compliance challenges contact Liz Shuttleworth using our contact request form.

 

[Please note that the products listed here are designed for England, Wales and Scotland. If you are operating in Northern Ireland different legislation will apply and some development work would be needed. We also have direct experience of systems in other EU countries so may be able to help if you have operations outside the UK.]

Legal Services

 

Legislation

 

 

 

 

 

Legislation.gov.uk

 

Weighing up the issues