| 1. These
regulations relate to certification by a member of the
ROS Group.
2. For the purpose of these regulations:
"ROS" Means Registrar of
Standards.
"Logo" Means the logo approved by
the ROS Group member.
"Appeals Committee" Means a committee of the ROS Group Independent
Certification Board established for the purpose of
hearing appeals. The panel appointed in respect of each
appeal will consist of a Chairman and at least two
members of the Independent Certification Board, none of
whom shall have any direct interest in the subject of
the appeal.
"Applicant" Means an individual, body corporate or body incorporate
which has applied but has not yet been granted a
certificate for the scope of the application.
"Board" Means the Board established
as the governing body of the ROS Group.
"ISO 9000 Series" Means the standard
for quality systems.
"ISO 14001" Means the standard for
environmental systems.
"ISO/TS 16949" Means the ISO 9000
standards as interpreted by the automotive industry.
"Health and Safety" Means the
standard for health and safety systems.
"AS 9100" Means the ISO 9000
standard as interpreted by the Aerospace Industry.
"Standard/Scheme"
Means any other National, International or other
publicly available Code of Practice/Process that the ROS
Group certifies.
"HACCP" Means the standard for a
Hazard Analysis and Critical Control Points system.
"Certificate" Means a certificate
recognizing that the management system operated by the
organization having been assessed by a ROS Group member
in accordance with these regulations.
"Schemes Manager" Means the person who is appointed for the time being by
the Board of Directors with approval by the board,
to be in charge of the area for which the Board has
responsibility. There may be several Schemes Manager(s)
dependent on the Schemes being certified.
"Registered Organization" Means an individual, body corporate or body incorporate
which has been granted a certificate by a ROS Group
member.
"Quality System" Means the organization, structure, responsibilities,
activities, resources and events appertaining to an
organization that together provide organized procedures,
processes and methods of implementation to ensure the
capability of that organization to meet the quality
requirements established in accordance with ISO 9001,
ISO 14001, ISO/TS 16949 or AS 9100 (and other related
standards).
"Documented Management System" Means a set of documents/descriptions serving to
implement the system of an organization which sets out
the specific practices, resources and activities of that
organization relevant to achieving compliance with a
particular standard specification or otherwise specified
requirement, plus, if appropriate, practices and
activities relevant to specific Codes of Practice.
"Guidance Notes/Auditor Notes" Means
a document developed by industry, procurement and
associated interests, with or without the participation
of a ROS Group member which particularizes the
requirements of a Standard/Scheme series in
relation to a particular sector of industry.
3. The ROS Group is the final authority by
which certificates may be granted, and acts through the
Schemes Manager who, for the purpose of making
assessments under these regulations, may from time to
time delegate his/her functions as he/she may appoint or
remove as he/she may deem necessary, subject to such
conditions as the executive board may from time to time
impose.
4. An
applicant who satisfies the Schemes Manager that they
are capable of compliance with these regulations and
that the client carries out a bona fide business, and
who gives to the Schemes Manager such undertakings as he
may require shall, subject to the conditions of these
regulations be entitled to a certificate which shall
nevertheless remain tthe property of the appropriate ROS Group member.
Initial Certificates are valid from the date of issue
for a period of 36 months. If an organisation does not
intend to renew its certificate it must notify the
Schemes Manager in writing of its intention not to do
so, at least two months before the certificate expiry
date. An organization's right to use the certificate is
not transferable without the express permission of the
schemes manager in writing.
5. A certified organization shall:
(i) Comply with these regulations at all times
(ii) Use the appropriate logo in accordance with the
conditions defined in the publication "Logo
Regulations and Rules of Application" only in
respect of the service(s) or product(s) which is/are the
subject of the certificate, and then only from the
address stated on the certificate (and annex if
appropriate).
(iii) Maintain and document a system (where
applicable) in accordance with the appropriate standard,
and make available copies of all or part of the
documented system should the Schemes Manager require it
to be lodged with the appropriate ROS Group member for
reference purposes.
(iv) Notify the appropriate ROS Group member of
matters arising that may affect the capability of their
management system to continue to fulfil the requirements
of the standard(s) used for certification or these
certification regulations. The notification must be
immediate and in writing, when amendments to the system
are significant (e.g. changes relating to legal,
commercial, organizational status or ownership; changes
to key management personnel; change in contact address
and sites; changes in scope of operations covered by the
certified/registered management system; and major
changes to the management system and processes). Where
amendments are of a minor nature, they must be notified
to the ROS Group representative at the next scheduled
assessment /surveillance visit.(v) Discontinue
any use of the applicable logo, which is unacceptable to
the Independent Certification Board, and any form of
statement or reference to the authority of the
organization to be certified which in the opinion of the
ROS Group might be misleading.
(vi) Give representatives of the appropriate ROS
Group member access during normal working hours, to the
premises or sites in which work subject to the
certificate is being carried out, for the purpose of
examining materials, procedures, processes, methods of
test, records and systems, or establishing that the
procedure for the termination of the certificate described in regulation (v) has
been carried out if necessary.
(vii) Nominate
for the approval of the Scheme Manager(s) a
management representative and one or more deputies
authorised to act in the main nominee's absence (and
replacement nominees as may be necessary) who will be
responsible for all matters in connection with the
requirements of the certificate and who will, upon each
visit by the representative of the ROS Group member sign
a declaration if requested by the representative, to the
effect that any changes in the procedures and other
information relevant to the conditions under which the
certificate is held including customer complaints, have
been notified to the appropriate ROS Group member.
(viii) Upon the termination of the certificate
(however determined) forthwith discontinue the use if
the applicable logo and all advertising matter which
contain the logo or any reference thereto. In addition,
any other material or documents in the possession of the
organisation which bear reference to the certificate
will be so treated as to erase it.
6. The appropriate ROS Group member shall be
entitled to charge fees at a level to be determined from
time to time having regard to its costs relating to the
administration of its schemes: An organization shall
pay:
(i) A fixed annual fee for each certificate granted
(this will include costs of surveillance), which shall
not in any circumstances be returnable.
(ii) Additional fees for assessment, supervision,
re-issue or endorsement of the certificate and
administration such as shall from time to time be
determined by the board to be fair and appropriate.
(iii) A final assessment fee upon termination of the
certificate, however determined if such assessment be
required by the certificate board.
(iv) (a) Any additional costs incurred by the ROS
Group member due to the certified organization's
non-compliance with these regulations.
(iv) (b) Whilist it is the Group's policy to offer
competitive fees, clients which cancel pre-arranged
visits without reasonable notice (less than 5 working
days), may force a charge to be levied for such a
cancellation, given that travel arrangements and
accommodation may have been booked in order to provide
an economic
tour to be made by the auditor to keep costs, and
therefore, fees to
a realistic level. Further, the situation can be
aggravated when sub-contract auditors are used for audit
assignments.
Given the above, clients will no doubt avoid such requests
and fully understand the above policy and appreciate
that any notice of cancellation should be made in
writing to the local office.
(v) Travel expenses, as applicable, and related to
certification activities.
(vi) All
fees may be payable in advance of the activity to
which they refer i.e.
Application fee prior to document review; Assessment fee
prior to assessment: and Annual Surveillance fee prior
to surveillance, except where a continual payment method
is used e.g. Standing Order or other arrangements have
been approved by the appropriate ROS Group member.
7. The ROS Group member shall:
(i) Send a representative to the registered
organization in line with the agreed surveillance
programme, which will be notified to the client (these
visits are normally once or twice a year) for the
purpose of verifying that the obligations imposed by the
certification rules are being carried out.
(ii) Notify the registered organization of any
changes in applicable Guidance Notes, Standard or
Certification Rules/Regulations and allow the
organization such time as in the opinion of the
Independent Certification Board is reasonable in which
to adjust its processes and relevant procedures to meet
the revised requirements.
(iii) Not Disclose Any Information concerning
the registered organization which is of a confidential
nature, other than information which is in the public
domain.
(iv) Notify the registered organization of customer
complaints relating to the compliance of the registered
organization's product, process or service.
8. If a registered organization is temporarily
unable to comply with the requirements of these
regulations, ROS group member may require the registered
organization to discontinue use of the logo, and/or any
claim to be a registered organization with immediate
effect until they are satisfied that the conditions of
certification are again achieved or pending the result
of any appeal under regulation 12.
9. In the event that an ISO/TS 16949 registered
organization no longer supplies to an ISO/TS 16949
subscriber the Schemes Manager must be notified in
writing within 20 working days, where upon registrations
will be withdrawn (but not ISO 9000). Additionally,
those companies that are being audited and registered to
ISO 14001 must notify the relevant regulatory body or
bodies (including the appropriate ROS Group member) of
any known breach of regulation/legislation appertaining
to the environmental system certified. Similarly, those
companies that are being audited and registered to
Health and Safety must notify the relevant regulatory
body or bodies (including the appropriate ROS Group
member) of any known breach of regulation/legislation
appertaining to the system certified.
10. If a
registered organization fails to comply with these
regulations, the ROS Group member may, subject to the
provisions in regulation 12 as appropriate: (i) Suspend
or withdraw the certificate or reduce its scope (ii)
Refuse to grant or renew the certificate or extend its
scope. Such decisions, and the grounds for them, shall
be communicated to the registered organization in
writing. Reasons for suspension/withdrawal include:
failure to comply with these regulations;
persistent or serious failure to meet certification
requirements including the requirement to maintain
effectiveness of the certified management system; not
allowing surveillance or recertification audits to be
conducted at the required frequencies; and client
request. Failure to resolve the issues leading to
suspension or highlighted during
audits/visits/complaints, in the agreed time frame (not
to exceed 6 months), non payment of fees, will result in
withdrawal or reduction of the scope of certification.
11. The ROS Group may, at their discretion, and
subject to regulation 12, revoke or refuse to grant or
renew a certificate if the registered organization
becomes subject to the bankruptcy laws or makes any
arrangements or composition with its creditors, or
enters into liquidation, whether compulsory or voluntary
(but not including liquidation for the purpose of
reconstruction), or has a receiver of its business
appointed, or is convicted of an offence tending to
discredit the registered organizations reputation and
good faith as a trader. Such decisions, and the grounds
for them, shall be communicated to the registered
organization in writing.
12. In the event of a registered organization or
applicant wishing to appeal against any decision of the
ROS Group Schemes Manager, Independent Certification
Board under these regulations, it shall be within 21
clear days after having been officially informed of such
a decision, giving notice in writing to the Independent
Certification Board of its desire to appeal against that
decision.
A meeting of an appeal committee constituted in accordance
with the regulations will be held within 30 clear days
of receipt of such notice, and the appellant shall be
given at least 7 clear days notice of the time and place
of such a meeting.
The
appellant will be advised as to the constitution of the
appeals committee with respect to the individual
candidature and shall be given the opportunity to object
to any member of the committee. Such objections must be
notified to the Schemes manager in writing, and the
appeals committee will be duly re-constituted if upheld.
The Schemes Manager's decision shall remain in force
pending any meeting of the appeals committee. At such
meeting, both the appellant and the Schemes Manager
shall be entitled to be heard in confidence. The
decision of the majority of the appeals committee as
declared by its chairman shall be final.
13. Should a client wish to make a complaint against
the service offered by any member of the ROS Group, they
should, in the first instance, write to the Schemes
Manager at the appropriate ROS Group member Head Office.
The contact addresses can be found on the ROS website at
www.ros-group.com
All complaints shall be duly recorded and reviewed, any
corrective action thought necessary shall be
communicated to the complainant, within a reasonable
time-frame. Should the action not be considered
sufficient, the complainant should write to the Head
Office, but mark the correspondence for the attention of
the Independent Certification Board (ICB).
Following the ICB's review of the matter, any actions
considered necessary shall, once again be communicated
to the complainant. If the above action is still not
considered satisfactory, the complainant should address
his/her concerns to the relevant ROS Group member's
Accreditation Body (e.g. UKAS, SMMT (for ISO/TS 16949),
ANAB, NABCB, etc.). Links to the Accreditation Bodies
are available on the ROS Group member websites.
14. These regulations may from time to time be
altered by the ICB. No such alterations shall affect the
right of any registered organization to use the
applicable logo, or claim to be registered under these
regulations unless or until it shall have been given
notice in writing of such alterations by the appropriate
ROS Group member who will notify the registered
organization of the date by which it must comply with
the altered regulations, which shall not normally be
less than six months from the date of notification of
the alteration.
15. Following information shall be open for
inspection by the public at the appropriate ROS Group
member's operating address, which shall be published:
I.
A list of registered organizations,
II.
Certifications suspended & withdrawn,
III.
Compliant & Appeal handling procedure.
16. Any notice under these regulations shall be in
writing and signed by or on behalf of the party giving
it and may be served by leaving it or sending it by
pre-paid recorded delivery or registered post, in the
case of the ROS Group member or the registered
organization at or to its address for the time being
(registered office where applicable).
Any notice so
served by post shall (unless the contrary proved) be
deemed to have served 48 hours from the time of posting;
and in proving such service it shall be sufficient to
prove that the notice was properly addressed and was
posted in accordance with this regulation.
17. As an accredited registrar the relevant
Accreditation Bodies reserve the right to perform
witnessed audits on our auditors, you therefore need to
be aware that as a registered client there maybe
instances where the auditor will be accompanied by an
auditor(s) from the relevant Accreditation Body. As a
registered client you are obliged to allow the
Accreditation Body auditor(s) to carry out the witnessed
audit on your site.
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