Regulatory Requirements vs. Legal Requirements Marcela Ivankovich

The implementation of a Management System and its possible certification are decisions that the organization makes completely voluntary. Both the ISO family standards and the OHSAS 18001 standard are not mandatory, but voluntary. Another very different thing is that in order to obtain in return an external certification of its implanted Management Systems, an organization decides to comply with the provisions of the corresponding regulations that apply to it. That is, it is a normative requirement.

On the contrary, in each country there is legislation in force that is mandatory for those organizations within its scope, and that cannot be ignored. An organization must comply with said legislation regardless of whether or not it decides to implement and / or certify its Management Systems, and must do so from the beginning of its journey as an organization. That is, it is a legal requirement.

Both types of requirements have scope in the implementation and / or certification of the different management systems of an organization, but each of them has a very differentiated character. Let's see:

Regulatory requirements: Are those specified in the standards. For the implementation and / or certification of the Management Systems, they are included in the ISO 9001, ISO 14001 and OHSAS 18001 standards, among others. They are not mandatory for all organizations, but for those that are committed to the certification of their implemented management systems. An organization that does not have an implanted and / or certified Management System must not meet these requirements, surely or know them.

Legal requirements: Are those specified in the laws in force that apply to each specific organization. There are general ones for all organizations and there are more specific ones: depending on the sector to which each organization belongs, the territory in which it sits, the number of workers, etc. They are mandatory for all organizations they affect. An organization that does not have an implanted and / or certified Management System must know and also comply with these requirements.

The main difference between these 2 types of requirements is the mandatory compliance. While for the legal ones, their obligatory nature is indisputable, for the regulations the voluntariness of their compliance governs.

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