Legal Compliance Management
Ensuring compliance with compliance with legal requirements in the EHS area is no easy task. Companies must take into account a large number of legal and regulatory provisions, compliance with which must be ensured within the company.Responsible for this organization is the managing director or a responsible officer appointed by the managing director in accordance with §9 VStG and/or §23 ArbIG. In order to minimize the liability risk of managing directors and responsible officers, they must effectively organize the processes for compliance with legal provisions in the company by taking appropriate precautions – or in other words, implement a legal compliance or legal management system. If this is the case, it is also referred to as a “legally compliant organization”.
In 5 steps to a court-proof organization:
- 1Creation of a legal register and register of notices
- 2Determination of individual legal obligations from regulations and decisions
- 3Delegation and implementation of legal obligations within the company
- 4Monitoring the implementation of and compliance with legal obligations
- 5Identification and implementation of legal/regulatory changes
If these 5 steps are effectively implemented in the company, the managing director (or a responsible representative) has fulfilled his duty of care and it is difficult to accuse him of being at fault. The easiest way to implement a legally compliant organization is with legal management software (or legal compliance software). However, you can also achieve your goal without a software solution, for example with the help of Excel. The only important thing is that the five steps of court-proof organization are effectively anchored in the company. This is more a question of the commitment of managers and the emphasis placed on implementation within the company than which tool is used to implement the whole thing.
Our offer
Take advantage of our many years of experience in the area of EHS legal compliance and minimize your liability risk.
Our services
Authority management
The majority of
changes to operating facilities requiring approval
are submitted too late or in some cases not at all.According to the legal provisions (Industrial Code, AWG, WRG etc.), a measure requiring approval must be approved before construction (i.e. before construction begins!). “Being approved” means having a legally binding decision.
As changes in companies are being made at ever shorter notice and authorities are often overloaded, many system changes are only approved after they have already been implemented. This entails a not inconsiderable liability risk, as there is no exemption in the law. This means that the construction and/or operation of an installation before a legally binding approval notice has been issued represents a particular liability risk.
Course of an approval procedure
- 1Clarification of the necessary approvals for the project
- 2Clarification of the existing scope of approval and delimitation of the approval requirements (avoidance of duplicate approvals!)
- 3Planning of the measure and preliminary research into the approval requirements (legislation, standards, state of the art, etc.)
- 4Preliminary discussion of the measure with the authority or expert and labor inspectorate. It is important to sound out the maximum scope of approval and to realize this (e.g. operating times) so as not to be limited in the event of subsequent expansions.
- 5Preliminary discussion of the measure with neighbors (if necessary)
- 6Preparation of the submission documents
- 7Submission of the application documents to the approval authority
- 8Negotiation on site – it is particularly important to “negotiate”, i.e. to “negotiate away” any excessive demands and conditions with plausible arguments. Once conditions have been laid down in a decision, they cannot simply be removed afterwards!
- 9Notification and delivery by the authority
- 10Review and, if necessary, appeal against the decision
Most common errors in the approval process
Advantages of external support
Our offer
We will be happy to assist you in determining the licensing requirement and in handling the licensing procedures in accordance with the following legal provisions:
Our offer
We are happy to support you in handling your licensing procedure in accordance with GewO, AWG, WRG etc.
Thanks to our many years of experience in the field of legal compliance and as an engineering office for technical chemistry, we are highly recognized by the authorities and can therefore obtain the best possible approval for you.