Legal requirements and other requirements

Một phần của tài liệu Bsi bip 2221 2013 (Trang 148 - 152)

What does ISO 50001 say?

Subclause 4.4.2 requires an organization to identify legal and other requirements with an impact on energy use, energy consumption and energy efficiency; to determine how these requirements apply to the organization; and to ensure that the organization always has access to them.

The subclause then requires the organization to plan and operate the business in accordance with the legal and other requirements and to review their applicability to the business at defined intervals.

What does ISO 50001 mean?

The intent of subclause 4.4.2 is to ensure that an organization

understands and has continual access to copies of legal requirements and other requirements that are relevant to the operations of the

organization and that have an impact on energy performance. It then requires the organization to plan its operations such that it both complies with the requirements, and is able to continually review their applicability and be aware of any changes and updates to the legal and other requirements.

This will be familiar to organizations with an existing MSS such as ISO 9001 , ISO 1 4001 or BS 1 8001 . Indeed these, or other management systems in place at the organization, are often a good source of information regarding legal and other requirements. If this is the case, then it is worthwhile considering a central repository of all such

’regulations’.

Related term(s) and definition(s) 3.22 organization

Related clause(s)

4.6.2 Evaluation of compliance with legal requirements and other requirements

4.6.5 Control of records

Evidence

Evidence Tools and techniques

Have knowledge of and an ability to access the latest legal requirements and other requirements applicable to the organization (including updates).

– A procedure/methodology to identify and continually monitor for updates, e.g. to check government or other authoritative websites every quarter, to subscribe to relevant trade magazines or commercial ’registries’

of regulation.

Evidence Tools and techniques

– A tabulated list of relevant legal and other requirements, and a note on how and where to obtain them, etc.

– Copies of the legal and other requirements kept in a file.

– Can demonstrate how to obtain an electronic copy of the requirements, e.g. government website,

government publications office.

– Can demonstrate how to access updated copies of legal and other requirements.

Demonstrate how these requirements are relevant to the business

operations.

– Tabulated list of relevant legal and other requirements and notes on how they are relevant to the organization.

– Reports from consultants containing the description of how the legal and other requirements apply to the business operations.

– Minutes of meetings with service contractors, equipment suppliers and insurance inspectors on the

applicability of relevant legal and other requirements.

Demonstrate how the organization has incorporated these requirements into the business operations.

– Ability to describe or show an auditor how the legal and other requirements are integrated into operations.

– Minutes of meetings describing how legal and other requirements are or have been incorporated into operations, e.g. by means of operating procedures, work instructions, etc.

– Line items in daily or weekly checklists, scheduling plans, maintenance plans, etc.

– Training needs analysis, training records, etc., that show that employees have been trained to carry out specific tasks with an

Evidence Tools and techniques

implication for energy performance, etc.

Review and updates. – Defined period for updates to be reviewed, e.g. reviewed every year, etc.

– A list showing the history of reviews carried out on legal and other requirements.

– Records of management review meetings containing updates and/or changes to legal and other

requirements.

FAQs

Question 1 7-3: What are ‘legal requirements’?

Answer 1 7-3: Many companies are familiar with the basic regulations applicable to the organization. Some examples are:

– Specific equipment health and safety regulations;

– Environmental regulations;

– Energy regulations;

– Industry-specific regulations, code of practice and guidance.

Question 1 7-4: What are ‘other requirements’?

Answer 1 7-4: Generating the list of other requirements will require more thought. The important thing to remember is that very often these ’other requirements’ are discretionary and that your organization might have chosen to comply with them. If this is the case, then as far as ISO 50001 is concerned they are just as important as legal requirements. So, for example, some of the documents under the classification of ‘other requirements’ could be:

– Voluntary agreements, for example climate change agreements, emissions trading, etc.;

– Raw material specification;

– Product specifications;

– Operating procedures;

– Details of product pricing and margins;

– Corporate social responsibility requirements;

– Compliance with other standards.

Question 1 7-5: Why is subclause 4.4.2 relevant to energy performance?

Answer 1 7-5: Very frequently, information on how to operate the business has been passed on via word of mouth, and the organization does not have access to the legal documents and documents that define the other requirements.

It could be that the various documents are kept and maintained by different people or different departments in the organization, and/or that the information handed down could be based on outdated documentation and understanding.

Also, although people instinctively believe that rules and regulations are increasingly restrictive, this is not always the case. For example, previous operating restrictions could have been removed because of upgraded machinery or equipment. It is always worth checking! A thorough understanding of the latest versions of legal requirements and other requirements could generate opportunities for improvement –

particularly if the latest requirements are significantly different from the understood norms, operating procedures and specifications.

Finally, please don’t ignore situations where the organization may not be in direct control of its destiny: e.g. where there are unmanned utilities or where the operational maintenance of energy systems has been

outsourced. Opportunities for an improvement in energy performance may well exist here as well, especially if a contractor has not been made aware of any change in regulation.

Note Subclause 4.4.2 does not remove the responsibilities and duty of care of organizations regarding legal and other requirements necessary for the continued operation of the company.

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