London Borough of Lewisham Corporate OH&SMS

Procedure for Identifying and accessing OH&S legal and other requirements

Contents

Purpose

Scope

Responsibilities and authorities

Activities

OH&S legal requirements

Identification of OH&S legal requirements

Maintenance of the OH&S Legal Register

Access to Legal OH&S Requirements

Other OH&S requirements

Mandatory OH&S requirements

Voluntary OH&S requirements

Maintenance of the Other OH&S Requirements Register

Directorate responsibilities

Mandatory OH&S requirements

Voluntary OH&S requirements

Changes

Records

Approved by
Issue
Date of issue
Change history

Purpose

The purpose of this procedure is to ensure that the Council identifies, records and accesses all OH&S legal requirements, and all other mandatory OH&S requirements, which apply to its locations and activities, and records and accesses OH&S requirements to which the Council voluntarily subscribes.

NOTE. Compliance with OH&S legal and other requirements is dealt with by other procedures.

Scope

This procedure applies to all of the Council’s activities and locations, and to all of the OH&S requirements to which the Council is subject, or to which the Council subscribes.

Responsibilities and authorities

The following have responsibilities in this procedure.

The Management Appointee

Management Nominees

The Corporate Health and Safety Manager

Authorities are commensurate with job titles.

Details of the responsibilities and exercise of authority are given in the Activities section of the procedure.

Activities

OH&S legal requirements

Identification of OH&S legal requirements

The Corporate Health and Safety Manager will monitor the website of the Office of Public Sector Information and

identify all new Acts and Statutory Instruments which are, or may be, of relevance to OH&S, and

obtain a copy of each relevant Act and Statutory Instrument.

The Corporate Health and Safety Manager will examine each Act and Statutory Instrument so obtained and, where necessary in consultation with the Management Appointee, Management Nominees, OH&S representatives and any other relevant persons or organisations, allocate each Act and Statutory Instrument to one of the following categories.

1Not OH&S legislation.

2OH&S legislation, but not of relevance to the Council.

3OH&S legislation applicable to parts of the Council.

4OH&S legislation applicable to all parts of the Council.

Maintenance of the OH&S Legal Register

Where an Act or Statutory Instrument is in Category 1 or 2, The Corporate Health and Safety Manager will record the title, date and relevant number (chapter or SI Number) in Part two of the OH&S Legal Register (Non-applicable legislation). Where necessary for the avoidance of doubt, The Corporate Health and Safety Manager will also record the reasons why the Act or Statutory Instrument is not OH&S legislation, or not of relevance to the Council, as the case may be.

Where an Act or Statutory Instrument is in Category 3 or 4, The Corporate Health and Safety Manager will record the title, date and relevant number (chapter or SI Number) in Part one of the OH&S Legal Register (Applicable OH&S legislation), together with details of those parts of the Council to which it applies (for Category 3) or “Council wide” (for Category 4).

The Corporate Health and Safety Manager will maintain an up to date copy of the OH&S Legal Register on the Intranet at TBC

Access to Legal OH&S Requirements

The Corporate Health and Safety Manager will maintain a library, in printed or electronic form, of up to date versions of all OH&S legal requirements.

The Corporate Health and Safety Manager will ensure that employees have access to this library.

Other OH&S requirements

Mandatory OH&S requirements

NOTE. In this section mandatory OH&S requirements are mandatory OH&S requirements other than those arising from OH&S legislation.

On receipt of a new or revised set of mandatory OH&S requirements from a Management Nominee (see “Directorate responsibilities” below) The Corporate Health and Safety Manager will update Part one of the Other OH&S Requirements Register (Mandatory OH&S requirements).

Voluntary OH&S requirements

The Management Appointee will

identify those voluntary OH&S requirements with which the Council chooses to comply,

provide The Corporate Health and Safety Manager with a copy of each set of voluntary OH&S requirements, and

provide The Corporate Health and Safety Manager with details of any changes to the voluntary OH&S requirements.

On receipt of a new or revised set of voluntary OH&S requirements from the Management Appointee, The Corporate Health and Safety Manager will update Part two of the Other OH&S Requirements Register (Voluntary OH&S requirements).

On receipt of a new or revised set of voluntary OH&S requirements from a Management Nominee (see “Directorate responsibilities” below) The Corporate Health and Safety Manager will update Part two of the Other OH&S Requirements Register (Voluntary OH&S requirements).

Maintenance of the Other OH&S Requirements Register

The Corporate Health and Safety Manager will maintain an up to date copy of the Other OH&S Requirements Register on the Intranet at Corporate Health and Safety Site.

Directorate responsibilities

Mandatory OH&S requirements

NOTE. In this section mandatory OH&S requirements are mandatory OH&S requirements other than rose arising from OH&S legislation.

Each Management Nominee will ensure that

mandatory OH&S requirements of relevance to the Directorate are identified,

a copy of each set of mandatory requirements is forwarded to The Corporate Health and Safety Manager,

details of changes to the mandatory requirements are forwarded to The Corporate Health and Safety Manager, and

up to date copies of mandatory requirements are made available to Directorate personnel.

Voluntary OH&S requirements

Each Management Nominee will

identify those voluntary OH&S requirements with which the Directorate chooses to comply,

provide The Corporate Health and Safety Manager with a copy of each set of voluntary OH&S requirements,

provide The Corporate Health and Safety Manager with details of any changes to the voluntary OH&S requirements, and

ensure that up to date copies of voluntary requirements are made available to Directorate personnel.

Changes

All Management Nominees will ensure that

changes in the Directorate are monitored and

The Corporate Health and Safety Manager is notified of any changes which make it necessary to revise the OH&S Legal Register or the Other OH&S Requirements Register.

Records

The following forms are used in this procedure.

OH&S Legal Register - Part one (Applicable legislation) and Part 2 (Non-applicable legislation)

Other OH&S Requirements Register - Part one (Mandatory OH&S requirements) and Part two (Voluntary

BS18001OHAS/Corp/CP105VERSION :

DATE : AUTHOR :Beatrice Aciro