Our TM44 has expired – will we fail an ISO14001 external audit?

Yes. ISO4001 requires that organizations identify legal requirements that are applicable to their environmental aspects (6.1.3 Compliance obligations).

If your organization has an air conditioning system, then energy use becomes an environmental aspect and compliance will be needed with the relevant regulation – in this case, that means compliance with  ‘Energy Performance of Buildings (England and Wales) Regulations 2012.

Failing to comply means that a major non-conformity will be raised during an external audit (9.1.2 Evaluation of compliance). This is because the non-conformity affects the capability of the management system to achieve the intended results and that there is significant doubt that effective process control is in place.

Here are the actual clauses:

6.1.3 Compliance obligations

The organization shall:

a) determine and have access to the compliance obligations related to its environmental aspects;

b) determine how these compliance obligations apply to the organization;

c) take these compliance obligations into account when establishing, implementing, maintaining and continually improving its environmental management system.

The organization shall maintain documented information of its compliance obligations.

9.1.2 Evaluation of compliance

The organization shall establish, implement and maintain the process(es) needed to evaluate fulfilment of its compliance obligations.

The organization shall:

a) determine the frequency that compliance will be evaluated;

b) evaluate compliance and take action if needed;

maintain knowledge and understanding of its compliance status.

The organization shall retain documented information as evidence of the compliance evaluation result(s).