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Last week, we looked at Clause 6.1.2.3: Assessment of OH&S opportunities and other opportunities to the OH&S management system. This week we shall take a look at Clause 6.1.3 Determination of legal requirements and other requirements

Clause 6.1.3 Determination of legal requirements and other requirements

Excerpts from the standard

The organization shall establish, implement and maintain a process(es) to:

1. Determine and have access to up to date legal requirements and other requirements that are applicable to its hazards, OH&S risks and OH&S management system

2. Determine how these  legal requirements and other requirements apply to the organisation and what needs to be communicated

3. Take these legal requirements and other requirements into account when establishing, implementing, maintaining and continually improving its OH&S management system

The organisation shall maintain and retain documented information on its legal requirements and other requirements and shall ensure it is updated to reflect any changes

NOTE: legal requirements and other requirements can result in risks and opportunities for the organization

This shows that when conducting a risk assessment, we should consider both legal and other requirements. Note that "other requirements" include your own organization's policies, contractual agreements with clients (who may have specific demands), and industry standards.

A legal register should be created. This is typically done by an organization's legal team, or you can engage the services of a consultant if a legal team is not available. However, as a health and safety professional, you should be able to create a legal register in the absence of a legal team or a consultant. In any case, you must ensure that a legal register is established, maintained as documented information, and constantly updated to reflect any changes. 

Furthermore, make sure there is a column detailing how each requirement applies to the organization, and ensure it is communicated to the workers-perhaps through toolbox talks or other forms of communication.

Lastly, legal and other requirements can result in risks and opportunities for the organization. Therefore, an assessment should be conducted to implement the necessary controls for risks or to leverage the opportunities created.

Next week, we shall look at Clause 6.1.4: Planning action

Thank you! I appreciate your warm wishes and look forward to hearing your thoughts