Presented by National Accreditation Board for Certification Bodies (NABCB) QUALITY COUNCIL OF INDIA, NEW DELHI

Size: px
Start display at page:

Download "Presented by National Accreditation Board for Certification Bodies (NABCB) QUALITY COUNCIL OF INDIA, NEW DELHI"

Transcription

1 Presented by National Accreditation Board for Certification Bodies (NABCB) QUALITY COUNCIL OF INDIA, NEW DELHI

2 Agenda for the day! Time Description am Introduction am Need of an International Standard on OH&S am Key Definitions am Tea/Coffee Break pm Overview of ISO as compared to OHSAS pm Lunch pm Closer Look at ISO pm Tea/Coffee and Close

3 Introduction Name, Organization, Function Specific Expectations

4 OHSAS 18001:2007 This is what we use today!

5 Need of an International OH&S Standard? Over 7700 people die each day from work-related accidents or diseases - that s nearly 2.78 million every year. Every 15 seconds, a worker dies from a work-related accident or disease, and 153 people experience a work-related injury. These represent an enormous burden for organizations and society as a whole, costing over 2.78 million deaths a year, not to mention the more than 374 million non-fatal accidents. The burden of occupational injuries and diseases is significant, both for employers and the wider economy, resulting in losses from early retirements, staff absence and rising insurance premiums (3.94% global GDP or 2.99 trillion USD indirect and direct costs failing to invest in safety and health is nearly equal to the combined GDP of the 130 poorest countries in the world) source:

6 Need of an International OH&S Standard? Factors in Total Loss Control; Compensation Hospitalization Loss of production Cost of repairs, replacement Cost of incident investigation Cost of implementation of measures, recommendations Time invested by colleagues, management Cost of legal / regulatory cases, litigations Additionally, can badly impact Brand and Reputation

7 Need of an International OH&S Standard?

8 Need of an International OH&S Standard? What do I do with the compensation, when every time my daughter gives birth to a deformed child. - a Bhopal Gas Victim

9 Why OHSMS? Legal non-compliance No monitoring & Measurement Incidences, injuries, fatalities Leakages & Spillages No Procedures, Methods, Controls No Resources Lack of Training & Competence Emergency Situations No reviews Contractual, other conditions No Policy New/Amended Regulations Ad hoc Targets No communication

10 Why OHSMS? Scattered Occupational Health & Safety(OHS) issues across the organization Systematic & structured P-D-C-A approach of International Standards Occupational Health & Safety Management System as per OHSAS Occupational Health & Safety Management System as per ISO

11 P-D-C-A: OHS Management

12 OHS Management System Certification Certification of a Management System provides independent demonstration that the management system of the organization: a) conforms to specified requirements of OHSAS or ISO-45001; b) is capable of consistently achieving its stated policy and objectives; c) is effectively implemented Certification of a management system, provides value to the organization, its customers and interested parties.

13 Need of an International OH&S Standard? OHSAS-18001:1999 OHSAS-18001:2007 ISO-45001:2018 Internationally Applied British Standard International Standard

14 Need of an International OH&S Standard? OHSAS ISO Increasing concerns about OHS performance Stringent legislation Responsibility on OHS of workers and those affected Provide safe & healthy workplace Prevent injuries and ill-health Promote & protect physical and mental health Reactive to Proactive

15 Aim of ISO ISO sets the requirements to provide a safe and healthy workplace(s), by: Preventing work-related injury and ill-health, as well as Proactively improving the OH&S performance The intended outcomes of an OH&S management system include: a) continual improvement of OH&S performance; b) fulfilment of legal requirements and other requirements; c) achievement of OH&S objectives.

16 Aim of ISO To prevent ill-health and injuries it is important to recognize that through: causes can be immediate impacts (e.g. accidents or epidemics), or longer term impacts (such as repeated exposure to radiation or carcinogenic chemicals, or to a constantly stressful working environment)

17 Aim of ISO The standard is intended to be applicable to any organization regardless of size, type, and activity It enables an organization, through its OH&S management system, to integrate other aspects of health and safety, such as worker wellness/wellbeing. It does not state specific criteria for OH&S performance, nor is it prescriptive about the design of an OH&S management system. This document does not address issues such as product safety, property damage or environmental impacts, beyond the risks to workers and other relevant interested parties.

18 Aim of ISO-45001

19 ISO Standards Principles of ISO Standards Development respond to a need in the market are based on global expert opinion are developed through a multi-stakeholder process are based on a consensus

20 High Level Structure (HLS) ISO decided in 2012 that all Management System standards shall use a common framework: Unified High Level Structure Common Text and Terminology Individual management systems standard will add additional discipline - requirements as required specific Applicable for new standards and upcoming revisions of existing standards ISO replaces OHSAS and adapt to the HLS

21 ISO Schedule Document Release ISO CD1 (Committee Draft) Jul 2014 CD2 (Committee Draft) Mar 2015 DIS (Draft International Standard) Feb 2016 DIS 2 (Draft International Standard) May 2017 FDIS (Final Draft International Standard) + Approval Stage Nov 2017 Publication 12 th March 2018 OHSAS will be withdrawn 3 years after the publication of ISO 45001

22 Group Discussion: Key Definitions of OHSAS Define the term Risk and Hazard in the context of OHSAS Differentiate between Incident and accident with an example.

23 From OHSAS: Key Definitions Occupational health & safety: Conditions and factors that affect, or could affect, the health and safety of employees and other workers (including temporary workers and contractor personnel), visitors, or any other person in the workplace. (OHSAS 18001:2007, 3.12)

24 Key Definitions Objective of ISO-45001: to enable organizations to provide safe and healthy workplaces by preventing work-related injury and ill health, as well as by proactively improving its OH&S performance. Workplace place under the control of the organization where a person needs to be or to go for work purposes Note 1 to entry: The organization s responsibilities under the OH&S management system (3.11) for the workplace depend on the degree of control over the workplace. (ISO-45001:2018, 3.6)

25 To ISO 45001: Key Definitions Occupational health and safety management system: Management system or part of a management system used to achieve the OH&S policy. Note 1 to entry: the intended outcomes of the OH&S management system are to prevent injury and ill health to workers and to provide safe and healthy workplace (s). Note 2 to entry: The terms occupational health and safety (OH&S) and occupational safety and health (OSH) have the same meaning (ISO 45001, 3.11)

26 Key Definitions From OHSAS: Incident: an event that could or does result in unintended harm or damage. (OHSAS 18001, 3.9) Accident: an event which has given rise to injury, ill health or fatality. (OHSAS 18001, 3.9, Note 1)

27 Key Definitions To ISO 45001: Incident: occurrence arising out of, or in the course of, work that could or does result in injury and ill health. (ISO 45001, 3.35) Notes to entry make the difference between an incident resulting in injury or ill-health, sometimes called accident, and potential work events as near-miss, near hit or close-calls.

28 Key Definitions From OHSAS: Hazard: source, situation or act with a potential for harm in terms of human injury or ill health, or a combination of these. (OHSAS 18001:2007, 3.6)

29 Key Definitions To ISO 45001: Hazard: source with a potential to cause injury or ill health (ISO 45001, 3.19) hazards can include sources with potential to cause harm or hazardous situations, or circumstances with the potential for exposure leading to injury and ill-health (note 1 to entry)

30 Key Definitions From OHSAS: Risk: combination of the likelihood of an occurrence of a hazardous event and the severity of injury or ill health (OHSAS 18001, 3.21) RISK =Probability x Severity (occurrence) (consequence)

31 Key Definitions To ISO 45001: Risk: effect of uncertainty (ISO 45001, See also notes to entry) OH&S risk: combination of the likelihood of occurrence of a work- related hazardous event or exposure(s) and the severity of injury and ill health that can be caused by the event or exposure(s) (ISO 45001, 3.21)

32 Key Definitions To ISO 45001: Risk: effect of uncertainty (ISO 45001, See also notes to entry) deviation from the expected positive or negative state, even partial, of deficiency of information related to, understanding or knowledge of, an event, its consequence, or likelihood

33 MIGRATION TO ISO 45001

34 COMPARING ISO AND OHSAS Overview of Clauses and Key Changes

35 Group Discussion: Key Requirements of OHSAS Name at least three requirements of OHSAS-18001:2007 that are related to each stages of the P-D-C-A Cycle of OH&S Management System. Outline 5 mandatory records required by OHSAS-18001:2007.

36 OHSAS 18001:2007 PDCA Cycle + Requirements

37 Changes and New Requirements: OHSMS Models OHSAS ISO-45001:2018

38 Changes and New Requirements: Contents / Clauses OHSAS Scope 1. Scope 2. Reference publications 2. Normative references ISO Terms and definitions (23 terms) 3. Terms and definitions (37 terms) 4. OHSMS requirements 4.1 General requirements 4.2 OH & S Policy 4.3 Planning 4.4 Implementation and operation 4.5 Checking 4.6 Management Review 4. Context of the organization 5. Leadership and worker participation 6. Planning 7. Support 8. Operation 9. Performance evaluation 10. Improvement Not in alphabetical order

39 Context of the Organization (4) Internal & external issues(4) Needs and expectations of workers and other interested parties (4) ISO & The PDCA Cycle Planning (6) Scope of the OHSMS (4) PLAN ACT Support & Operation (7,8) Leadership and Worker Participation (5) Improvement (10) DO CHECK Performance Evaluation(9) Intended outcomes of the OHSMS Extracted from ISO/TC 207/SC1

40 0. Introduction 1. Scope 2. Normative references ISO Structure 1. Background 2. Aim of an OH&S management system 3. Success factors 4. Plan-Do-Check-Act cycle 5. Contents of this International Standard ISO specifies requirements for an OH&S management system, with guidance for its use, to enable an organization to provide a safe and healthy workplace(s), by preventing work-related injury and/or ill health, as well as by proactively improving its OH&S performance. There are no normative references 3. Terms and definitions Req. 4 to 10 Annex HLS and OH&S specific terms and definitions 4. Context of an organization 5. Leadership and worker participation 6. Planning 7. Support 8. Operation 9. Performance evaluation 10. Improvement Annex A (informative)-guidance on the use of this International Standard Alphabetical index of terms

41 Overview ISO Vs OHSAS ISO 45001:2018 What is new? Context of the organization 4 Understanding the organization and its context 4.1 Understanding the needs and expectations of workers and other interested parties 4.2 New clause/ content Not new, but substantially changed Determining the scope of the OH&S management system 4.3 OH&S management system 4.4 Leadership and worker participation 5 Leadership and worker participation 5.1 OH&S Policy 5.2 Organizational roles, responsibilities, accountabilities and authorities 5.3 Consultation and participation of workers 5.4 Planning 6 Actions to address risks and opportunities 6.1 General Hazard identification and assessment of risk and opportunities Hazard identification Assessment of OH&S risks and other risks to the OH&S management system

42 Overview ISO Vs OHSAS Assessment of OH&S opportunities and other opportunities to the OH&SMS Determination of legal and other requirements Planning action OH&S objectives and planning to achieve them 6.2 OH&S objectives Planning to achieve OH&S objectives Support 7 Resources 7.1 Competence 7.2 Awareness 7.3 Communication 7.4 General Internal Communication External Communication Documented information 7.5 General Creating and updating Control of documented Information New clause/ content Not new, but substantially changed

43 Overview ISO Vs OHSAS Operation 8 Operational planning and control 8.1 General Eliminating hazards and reducing OH&S risks Management of change Procurement General Contractors Outsourcing Emergency preparedness and response 8.2 Performance evaluation 9 Monitoring, measurement, analysis and performance evaluation 9.1 General Evaluation of compliance Internal Audit 9.2 General Internal audit programme Management review 9.3 New clause/ content Not new, but substantially changed

44 Overview ISO Vs OHSAS Improvement 10 General 10.1 Incident, nonconformity and corrective action 10.2 Continual improvement 10.3

45 Changes and New Requirements: New Clauses / Requirements 4. Context of the organization 4.1 Understanding the organization and its context 4.2 Understanding the needs and expectations of workers and other interested parties 4.3 Determining the scope of the OH&S management system 4.4 OH&S management system Internal & external relevant issues e.g. P E S T L E Interested Parties other than workers Legal and Other Requirements

46 Changes and New Requirements: New Clauses / Requirements 5 Leadership and worker participation 5.1 Leadership and commitment 5.2 OH&S policy 5.3 Organizational roles, responsibilities and authorities 5.4 Consultation and participation of workers Policy to include commitment to consultation and participation Key Success Factor - Consultation and participation Specific Requirements for; consultation and participation

47 Changes and New Requirements: New Clauses / Requirements 6 Planning 6.1 Actions to address risks and opportunities General Hazard identification and assessment of risks and opportunities Hazard identification Assessment of OH&S risks and other risks to the OH&S management system Assessment of OH&S opportunities and other opportunities for the OH&S management system Determination of legal requirements & other requirements Planning action 6.2 OH&S objectives and planning to achieve them OH&S objectives Planning to achieve OH&S objectives Social factors (including workload, work hours, victimization, harassment and bullying), leadership, culture in the organization;

48 Changes and New Requirements: New Clauses / Requirements 7 Support 7.1 Resources 7.2 Competence 7.3 Awareness 7.4 Communication General Internal communication External communication 7.5 Documented information General Creating and updating Control of documented information Additional and specific requirements of awareness are given to improve effectiveness of OHSMS.

49 Changes and New Requirements: New Clauses / Requirements 8 Operation 8.1 Operational planning and control General Eliminating hazards and reducing OH&S risks Management of change Procurement General Contractors Outsourcing 8.2 Emergency preparedness and response Management of Change Processes for Control on procurement of products, services & contractors Control on outsourced functions and processes

50 Changes and New Requirements: New Clauses / Requirements 9 Performance evaluation 9.1 Monitoring, measurement, analysis and performance evaluation General Evaluation of compliance 9.2 Internal audit General Internal audit programme 9.3 Management review Need to maintain knowledge & understanding of compliance status

51 Changes and New Requirements: New Clauses / Requirements 10 Improvement 10.1 General 10.2 Incident, nonconformity and corrective action 10.3 Continual improvement Deleted Preventive Action and used reoccur or occur elsewhere" Participation of worker and involvement of interested parties in CA Maintain evidence of continual improvement

52 From OHSAS to ISO A closer look

53 4. Context of the Organization 4 Context of the organization 4.1 Understanding the organisation and its context 2. Understanding the needs and expectations of workers and other interested parties 3. Determining the scope of the OH&S management system 4. Occupational Health & Safety Management system

54 4.1 Understanding the Organization and its Context The organization shall determine external and internal issues that are relevant to its purpose and that affect its ability to achieve the intended outcome(s) of its OH&S management system. (ISO 45001, 4.1)

55 Internal and External: Context of the Organization EXTERNAL Social and cultural, legal, regulatory Financial, technological, economic, natural and competitive environment Key drivers and trends which can have an impact on the objectives Relationships with, and perceptions, values and expectations of stakeholders. INTERNAL Governability, structure, functions, etc. Information and systems (IT) Relationships with, and perceptions and values of workers; Culture of the organization Working time arrangements Working conditions

56 4.2 Understanding the Needs and Expectations of Workers And Other Interested Parties Determination of interested parties Determination of needs and expectations of these interested parties Determine what needs and expectations will become Legal and other requirements

57 5. Leadership and Worker Participation 5 Leadership and Worker Participation 5.1 Leadership and commitment 5.2 OH&S Policy 5.3 Organizational roles, responsibilities, and authorities 5.4 Consultation and participation of workers

58 Leadership and Commitment To summarize: Top management is responsible for the effective implementation of the OHSMS, including and consulting workers. There must be a clear link between the Business Plan / Strategy and the management system (policy, goals, etc.). Management system shall be coupled to the business processes and its expected outcome. Focus on workers participation and consultation

59 Managers Vs Leaders Manager Planning and budgeting Organizing and staffing Controlling and problem solving Taking complex systems of people and technology and making them run efficiently and effectively, hour after hour, day after day Leader Creating vision and strategy Communicating and setting direction Motivating action Aligning people Creating systems that managers can manage and transforming them when needed to allow for growth, evolution, opportunities, and hazard avoidance

60 Group Discussion 5.4 Consultation and Participation of Workers What considerations can we make about this requirement? What's New? What changed? At implementation of this requirement: consultation and participation - so what do we mean with it?

61 Leadership and Worker Participation:

62 6. Planning 6 Planning 6.1 Actions to address risks and opportunities General Hazard identification and assessment of risks and opportunities Determination of legal requirements & other requirements Planning actions 6.2 OH&S objectives and planning to achieve them

63 Planning: ISO Vs OHSAS The organization shall determine and assess the risks and opportunities to assure the MS achieves its intended outcome, prevent undesired effects and achieve continual improvement. This process shall take into account (so not limited to): hazards, risks and opportunities, legal requirements and other requirements, and risks and opportunities in clauses and Compared to OHSAS 18001: Hazard identification, risk assessment and determining controls, ISO (6.1) emphasizes the proactive identification of hazards; Risk and opportunities including the processes to address them needs to be documented (6.1.1).

64 Planning: ISO Vs OHSAS contains enhanced requirements for what to take into account when identifying hazards arising in the workplace and to workers. The organization shall establish, implement and maintain a process(es) for hazard identification that is ongoing and proactive.. ISO 45001:2018 It shall take into account but not be limited to: how work is organized and social factors leadership and the culture in the organization routine and non-routine activities and situations past relevant incidents internal and external, including emergencies, and their causes, people (including those in the vicinity of the workplace and workers at external locations not controlled by the organization)

65 Planning: ISO Vs OHSAS Assessment of OH&S opportunities and other opportunities Assess opportunities to enhance OH&S performance Assess opportunities to improve the OH&S management system assessment includes the identification and evaluation

66 Planning: ISO Vs OHSAS Planning Action The organization shall plan: a) actions to: b) how to: 1. address these risks and opportunities (see and ); 2. address legal requirements and other requirements (see 6.1.3); 3. prepare for, and respond to, emergency situations (see 8.2); 1. integrate and implement the actions into its OH&S management system processes or other business processes; 2. evaluate the effectiveness of these actions (ISO 45001, 6.1.4) These requirements are partly covered by OHSAS 18001: Hazard identification, risk assessment and determining controls. The controls in OHSAS are now called actions (6.1.4).

67 Group Discussion: Legal Requirements Discuss within your group and identify minimum 5 legal requirements related to occupational health and safety.

68 6.2 OH&S objectives and planning to achieve them This clauses contain extended requirements compared with OHSAS Objectives and programs. OHSMS objectives: are to maintain and improve the OH&S MS and to continually improve the OH&S performance shall take into account the results of evaluation of OH&S Risks and OH&S opportunities shall take into account outputs of consultation with workers shall be monitored shall be communicated shall be updated Planning: ISO Vs OHSAS 18001

69 Planning: ISO Vs OHSAS The organization shall maintain and retain documented information on the OH&S objectives and plans to achieve them: When will it be completed? Who is responsible? What are the resources needed? What will be done? Additionally: How will results be evaluated? How the results will be evaluated, including indicators for monitoring progress toward achievement of its measurable OH&S objectives? How the actions to achieve OH&S objectives will be integrated into the organization s business processes?

70 Group Discussion: Objectives & Targets Discuss within your group, set at least 2 objectives and prepare an Occupational Health & Safety Management Programme (OHSMP) to achieve those objectives.

71 7. Support 7 Support 7.1 Resources 7.2 Competence 7.3 Awareness 7.4 Communication 7.5 Documented information

72 7.1 Resources 7. Support Resources Competence Awareness Communication General Internal External communication communication Documents Information General Creating and updating Control of documented Information

73 + To take into account: Support: ISO Vs OHSAS There are no substantial specific add-ons compared to the HLS text, but note the use of the term workers. Chapter 7.2 is covered in of OHSAS. Although reworded the intent, requirements and interpretation related to competence are the same. Additional requirements compared with OHSAS: determine the necessary competence of workers that affects or can affect its OH&S performance; Removed the requirement that training procedures shall take into account different levels responsibility, ability, language skills, literacy and risk (the organization shall ensure that workers are competent)

74 Support: ISO Vs OHSAS Awareness Additional or more focused requirements compared with OHSAS 18001: / 4.5.3: awareness related to OH&S hazards and risks that are relevant for them awareness related to info and outcome of investigations of incidents Contractors and visitors, etc., as well as workers (especially temporary workers), should be aware of the OH&S risks to which they are exposed. (Ref. ISO AnnexA.7.3)

75 Support: ISO Vs OHSAS Communication Additional requirements compared to OHSAS 18001: : what, when, with whom and how to communicate Includes diversity aspects (language, culture, literacy, disability) Communication to interested parties Reliable and consistent communication

76 7.4.1 General Support: ISO Vs OHSAS on what it will communicate; when to communicate; with whom to communicate: internally among the various levels and functions of the organization; among contractors and visitors to the workplace; among other interested parties; how to communicate.

77 Group Discussion: Internal & External Communication Discuss within your group and identify 3 topics to communicate internally and 3 topics to communicate externally.

78 Support: ISO Vs OHSAS Documented information: Though requirements are similar to OHSAS, the following changes should be noted: The inclusion of a description of the main elements of the OH&S management system and their interaction, and reference to related documents in c) of OHSAS is removed implying that a manual type document is no longer required Protection of information is explicitly addressed (7.5.3). Explicit requirement for access of relevant documented information for workers or their representatives No longer required to have a procedure on document control but still needs to be managed as per 7.5.3

79 8. Operation 8 Operation 8.1 Operational Planning and Control General Eliminating hazards and reducing OH&S risks Management of change Procurement 8.2 Emergency preparedness and response

80 Operation: Group Discussion General What considerations can we make about this requirement? What's New? Compared to OHSAS 18001

81 Operation: ISO Vs OHSAS Eliminating hazards and reducing OH&S risks. Eliminate Substitute Engineering Controls Administrative Controls PPEs

82 Operation: Group Discussion Discuss within your group and for Eliminating hazards and reducing OH&S risks, provide one example each for; Elimination Substitution Engineering Control Administrative Control PPEs

83 Operation: ISO Vs OHSAS Management of Change Management of changes was covered by the following clause of the OHSAS 18001:2007: Hazard identification, risk assessment and determining controls. In general the intent is the same as in OHSAS. However, the list of situations where the change management process apply is extended and include: changes to applicable legal requirements and other requirements; changes in knowledge or information about hazards and related OH&S risks; developments in knowledge and technology

84 8.1.4 Procurement Operation: ISO Vs OHSAS The organization shall establish, implement and maintain a process(es) to control the procurement of product and services in order to ensure the conformity to its OH&S management system. (ISO FDIS 45001, ) Procurement goes for: Contractrors Outsourcing

85 Operation: ISO Vs OHSAS Contractors Organization shall coordinate its procurement processes with its contractors to identify hazards and asses OH&S risks arising from: contractors activities and operations that impact the organization organization s activities and operations that impact the contractors' workers; contractors activities and operations that impact other interested parties in the workplace (ISO 45001, a) (ISO 45001, b) (ISO 45001, c)

86 Operation: ISO Vs OHSAS Outsourcing The organization shall ensure that outsourced functions and processes are controlled outsource, make an arrangement where an external organization performs part of an organization s function or process Note 1 to entry: An external organization is outside the scope of the management system (3.10), although the outsourced function or process is within the scope. The type and degree of control shall be defined within the OH&S MS

87 Group Discussion: Operation List key changes in operation with respect to OHSAS and ISO How would you implement requirements of Clause 8 Operation in your organization.

88 9. Performance Evaluation 9 Performance Evaluation 9.1 Monitoring, measurement, analysis and performance evaluation 9.2 Internal audit 9.3 Management review

89 Performance Evaluation: ISO Vs OHSAS Monitoring, measurement, analysis and performance evaluation The organization shall establish, implement and maintain a process(es)for monitoring, measurement, analysis and performance evaluation. (ISO )

90 Performance Evaluation: ISO Vs OHSAS Monitoring, Measurement, Analysis and Performance Evaluation Addressing the need to determine: what needs to be monitored and measured criteria for evaluating its OHS performance when to perform monitoring/measurements methods for monitoring, measurement, analysis and performance evaluation when the results will be analysed, evaluated and communicated

91 Group Discussion: Monitoring & Measurement Discuss within your group and list minimum 10 key indicators for monitoring & measurement of OHS performance.

92 Performance Evaluation: ISO Vs OHSAS Management Review The essence of clause 9.3 is in general the same as for 4.6 in OHSAS The following are add-ons compared to OHSAS regarding inputs for the MR: the changes in external and internal issues (refer 4.1) the extent to which the OH&S policy has been met trends related to the OH&S performance adequacy of resources for maintaining an effective OH&S management system.

93 10. Improvement 10 Improvement 10.1 General 10.2 Incident, nonconformity and corrective action 10.3 Continual improvement

94 10. Improvement 10.1 General 10.2 Incident, nonconformity and corrective action 10.3 Continual improvement There are no new requirements - however, "preventive actions" are included in other clauses (4.1 & 6.1) and expressed through the risk-based approach, so they are no longer a specific term.

95 Key Points to Remember Legal noncompliance can cost you your OHSMS certification. Demonstration of participation of workers is mandatory. Operational controls must be practiced in all shifts of working

96 Other Important Provisions G : mandatory interviews of OH&SMS key personnel: management with legal responsibility for OH&S employees' representative(s) for OH&S, responsible(s) for monitoring employees' health (e.g. doctors, nurses). Mandatory justifications in case of remote interviews. managers and permanent and temporary employees recommended interview of contractors management and employees G closing meeting: the organization representative is requested to invite the OH&SMS key personnel. Justification in case of absence shall be recorded

97 Other Important Provisions G : to decide if a special or unannounced audit is needed when CABs become aware serious accidents or breaches of regulation, in order to investigate if the OH&SMS has not been compromised and did function effectively. The outcome of the investigation to be documented G to decide on the actions to be taken, including a suspension or withdrawal of the certification, in cases where it can be demonstrated that the system seriously failed to meet the OH&S certification requirements

98 Other Important Provisions B2.3.5/3.7 Work on shifts need to audit outside normal working hours : at least one of the shifts inside and one outside of regular office hours during the 1st certification cycle during surveillance audits of the subsequent cycles, the CB may decide not to audit the second shift based on the recognised maturity of the OH&SMS. Adjustments for delaying the starting time of audit are recommended in order to cover both shifts within the 8 hours audit time The justification for not auditing the other shifts shall be documented taking into account the risk for not doing so.

99 Other Important Provisions C01 Introduced definition of legal compliance as Conformity such a way that the intended outcome is realised. with the law, in C01 Accredited OH&SMS certification shall demonstrate that CAB has evaluated and confirmed that the organisation s OHSMS ensure the fulfilment of its policy commitments on legal compliance C1.3 The CAB shall assure that conformity is being maintained during all the certification cycle. Auditors shall verify the management of legal compliance based on the demonstrated implementation of the system and not rely only on planned or expected results.

100 Other Important Provisions C1.4 Any organization failing to demonstrate their initial or ongoing commitment to legal compliance, shall not be certified or continued to be certified C.1.5 Deliberate or consistent non-compliance shall be considered a serious failure to support the policy commitment on legal compliance and shall preclude certification or cause an existing OH&SMS standard certificate to be suspended, or withdrawn

101 Other Important Provisions C.2.2 /C.3.6 The organisation shall be able to demonstrate that it has achieved compliance with the legal OH&S requirements that are applicable to it through its own evaluation of compliance prior to the Certification Body granting certification C.2.3 Where the organization may not be in legal compliance: it shall be able to demonstrate it has activated an implementation a plan to achieve full compliance within a declared date, supported by a documented agreement with the regulator, wherever possible for the different national conditions. the successful implementation of this plan shall be considered as a priority within the OH&SMS.

102 Other Important Provisions C.2.4 Exceptionally the CAB may still grant certification but shall seek evidence to confirm that the organization s OH&SMS: objective is capable of achieving the required compliance through full implementation of the above implementation plan within the due date, has addressed all hazards and OH&S risks to workers and other exposed personnel that there are no activities, processes or situations that can or will lead to a serious injury and/or ill-health, and during the transitional period has put in place the necessary actions to ensure that the OH&S risk is reduced and controlled.

103 THANK YOU FOR YOUR ATTENTION! Any Questions?

104 INFORMATION National Accreditation Board for Certification Bodies (NABCB) Quality Council of India 2nd Floor, Institution of Engineers Building 2, Bahadur Shah Zafar Marg New Delhi Telefax: /9260/0567/ nabcb@qcin.org, ceo.nabcb@qcin.org pathakav@yahoo.com/ Website: