September 2015 saw the publication of ISO 14001:2015, with a greater focus on leadership accountability, competence and compliance obligations.
Simone Davidson takes a closer look at the changes and considers the implications for businesses.
At a glance
• Organisations with ISO 14001:2004 have a 3 year transition period to switch to ISO 14001:2015
• New structure makes it easier to integrate with other management systems such as ISO 9001 (quality) and ISO 50001 (energy)
• Top management have to demonstrate their commitment
• Organisations must address environmental sustainability and climate change adaption, not just pollution prevention
• Compliance obligations include legal requirements, industry standards and contracts
Increased accountability for top management
Top management are “those who direct and control an organisation at the highest level”.
They are accountable for the effectiveness of the environmental management system and must
• communicate the importance of good environmental management
• direct and support
• promote continual improvement
• ensure policy and objectives are met and resources are available
Compliance obligations
There is a new term – “Compliance Obligations” that embraces mandatory legal requirements, plus industry standards, contracts and other requirements adopted by the organisation.
Previously there was a requirement to evaluate compliance, but in the proposed new standard, the requirement is to specify exactly how compliance is evaluated and recorded.
• Documented information on compliance obligations must be maintained.
• There should be an understanding of stakeholder concerns
• Internal auditors should be competent eg to advise on the environmental legislation
• There needs to be mechanisms for ongoing checking of compliance status
Practical ways to demonstrate compliance and competence
Implementing ISO 14001 for the first time, or making the transition from ISO 14001: 2004 to ISO 14001: 2015 requires much more than a new audit and updated documentation.
The increased focus on leadership accountability means that organisations need to demonstrate compliance with environmental law and show that key individuals understand the requirements.
Businesses should consider the following
1. Have an online environmental legislation register than is automatically updated every month.
http://www.legislationupdateservice.co.uk/
2. Instruct an environmental lawyer to
(i) verify the accuracy of the legal register and other compliance obligations. This is particularly important if a previous ISO audit has identified major non-conformities
(ii) advise on any environmental obligations in leases, contracts and permits
(iii) provide environmental law training to key individuals
http://www.elmlaw.co.uk/training-seminars.php
Simone Davidson is a solicitor at Lexis PSL Environment and consultant for ELM Law