Transition assessment of ISO14001:2004 of Company V
(Sep.3w,2005)

Company V makes mechanical parts with about a hundred working people. Two yeas ago the company gained the certification of integrated system of ISO9001: 2000 and ISO14001:1996. Last month the company received the transition assessment of ISO14001:2004. At that time the assessor Mr. A pointed out the following meaningless item which might be caused by low competence of the assessor.

1. The assessorfs comment
Your company does the periodic evaluation of compliance with applicable legal requirements by internal audits held twice a year. And records of the internal audits on the subject are ones of the period evaluations. I donft agree with this way, because it burdens excessive responsibility of the evaluations on auditors, and there are such as twelve applicable legal items in your company that it may be difficult to check compliance with all items for auditors.
The evaluations should be done by the manager of the department which is responsible for compliance with applicable legal requirements.
I suggest that the manager of responsible section who has responsibility of compliance with applicable legal requirements has to evaluate compliance also using some checklists. The checklist will be the right records what the Standard requires.
According to the 2004 revision of ISO14001, my certification body places emphasis on evaluation of compliance with applicable legal requirements. Your companyfs way may not be adequate for the certification bodyfs policy.

2. The companyfs countermeasure
We totally do not agree with the assessorfs alternative for the way of the evaluation of compliance by following reasons.
(1) The assessorfs immature confusion nonconformity and comments
The assessor says gI do not agree ------gfor comments like for nonconformity. There is no gshallh such as that evaluation of compliance with applicable legal requirements shall not be done by internal audits, evaluation of compliance with applicable legal requirements shall be done by the person who has responsibility of the compliance and the records shall be checklist.
(2) The assessorfs comments are bad alternatives
The reasons are as follows.
‡@The assessorfs confusion gcomplianceh with gits evaluationh
To be in compliance with applicable legal requirements is day-to-day work, not periodic.
To evaluate compliance with applicable legal requirements is another work and the evaluation should be done objectively. To ensure objectivity and impartiality of the evaluation, it is not preferable that the persons who are responsible for the compliance evaluate their own work.
‡AThe difficulty to check twelve applicable legal items is not true
The assessorfs saying of gdifficultyh for something may easily make confusing, because the degree of gdifficultyh is not described measurably. The assessor should have said how many hours it takes for the evaluation. We think it is not gdifficulth for auditors, because it takes about thirty minutes at the longest.
‡BThe emphasis on evaluation of compliance with applicable legal requirements does not mean to install heavy documentation.
It is clear from the fact that 2004 version deletes the requirements of a documented procedure for periodically evaluating compliance with relevant environmental legislation and regulations from 1996 version.