The ROSP certification regulations and other services regulations are presented below.
1. These regulations relate to certification by a member of the Registrar of Skilled Persons (ROSP). For the purpose of these regulations, "ROSP" Means Registrar of Skilled Persons (ROSP).
"Logo" Means the logo approved by the ROSP.
"Appeals Committee" Means a committee of the ROSP 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, whether this be for certification, Inspection or other related service.
"Board" Means the Board established as the governing body of the ROSP.
"Standard, or Scheme" Means the standard or scheme for which the Client is seeking Certification (e.g.: ISO 27001) or related services provided by the ROSP.
"Certificate" Means a certificate recognizing that the management system, or Inspection performed, or Training given, or other service which produces a Certificate output, granted to the organization having been assessed by a ROSP 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 and, or services offered.
"Registered Organization" Means an individual, body corporate or body incorporate which has been granted a certificate by a ROSP member.
"Documented Management System" Means a set of documents/descriptions/protocols/Std. Operating Procedures/Work Instructions, or other formal instructions 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 the ROSP, industry, procurement and associated interests, with or without the participation of a ROSP member which particularizes the requirements of a Standard/Scheme/Requirement in relation to a particular sector of industry.
2. The ROSP 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.
3. 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 the property of the appropriate ROSP member. Initial Certificates generally, have a valid from date and an expiry date (for Management system certification the period is typically 36 months). If an organization 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 organizations right to use the certificate is not transferable without the express permission of the schemes manager in writing.
4. A certified organization shall:
(i) comply with these regulations at all times
(ii) Use the appropriate logo in accordance with the conditions defined for the use of Marks and Logos - as defined within this website and 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 ROSP member for reference purposes.
(iv) Notify the appropriate ROSP member of matters arising that may affect the capability of their Certification 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 ROSP representative at the next scheduled assessment /surveillance visit.
(v) Discontinue any use of the applicable logo, which is unacceptable to the stated regulations, and any form of statement or reference to the authority of the organization to be certified which in the opinion of the ROSP might be misleading.
(vi) Give representatives of the appropriate ROSP 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 nominees 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 ROSP 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 ROSP member.
(viii) Upon the termination of the certificate (however determined) forthwith discontinue the use of 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, if the Independent Certification Board requires, be so treated as to erase it.
5. The appropriate ROSP 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, or other fee agreement as agreed in writing for each certificate granted (this will include costs of surveillance, where appropriate), which shall not in general 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 ROSP member due to the certified organizations non-compliance with these regulations.
(iv) (b) Whilst 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 ROSP member. Failure to pay could result in delayed surveillance or recertification activities which would jeopardise certification. ROSP will send payment reminders until such time as non-payment prevents the surveillance or recertification activity whereupon the certificate will be suspended or withdrawn (see 9. below).
6. The ROSP member shall:
(i) Send a representative to the registered organization in line with the agreed surveillance programme (or appoint an evaluator for assessment of documents and records at a ROSP designated office), 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. Note, for the 1st Surveillance audit, the visit must not exceed 12 months from the date of the stage two (OA1) audit.
(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 organizations product, process or service.
7. If a registered organization is temporarily unable to comply with the requirements of these regulations, the ROSP 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.
8. 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 ROSP 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 ROSP member) of any known breach of regulation/legislation appertaining to the system certified.
9. If a registered organization fails to comply with these regulations the ROSP 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.
10.The ROSP 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.
11. In the event of a registered organization or applicant wishing to appeal against any decision of the ROSP 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 Managers 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.
12. Should a client wish to make a complaint against the service offered by any member of the ROSP, they should, in the first instance, write to the Schemes Manager at the appropriate ROSP member Head Office. The contact addresses can be found on the ROSP website at www.urs-persons.co.uk.
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 ICBs 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 ROSP Accreditation Body. Link to the Accreditation Body is available on the ROSP websites.
13. 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 ROSP 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.
14. The following information shall be open for inspection by the public at the appropriate ROSP members operating address, which shall be published:
i) List of Registered Organizations
ii) Certifications suspended & withdrawn
iii) Complaint & Appeal handling procedure.
For the checking of an Organization to determine whether they hold a valid Certificate, the general public can access the ROSP website.
15. 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 ROSP 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.
16. As an accredited registrar the relevant Accreditation Bodies reserve the right to perform witnessed audits on our auditors, evaluators, or Inspectors, you therefore need to be aware that as a registered client, for some schemes, standards there maybe instances where the auditor, evaluator, or Inspector 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.
Limits of Liability
Whilst the ROSP has Insurance cover to ensure the liabilities, in the event of a failure of service are covered, the cover of liabilities are based on the following Terms and Conditions accepted by a ROSP (which covers any ROSP brand, as stated within the services offered on this website and restricted to those services listed and offices stated within the said website) Customer and Client.
Further the acceptance of the limits of liabilities are implied by the statements made within this website, including the Disclaimer, Rules and Regulations, Use of Marks and any Contractual terms and conditions.
The Professional Indemnity Insurance Cover varies from service to service, and the ROSP limits its liability based on certain principles being honoured by our Customers and clients, dependent on the service contracted, such that:
1. Any ROSP Auditor, Inspector, Evaluator (whether permanently employed, or acting as a sub-contractor) to a Customer, or Client premises, or customers to the ROSP Customer, or supplier, hold the appropriate Insurance to cover the said ROSP Auditor, Inspector, or evaluator.
2. If transportation is required to and from a Customer, Client, or customer, or supplier to the ROSP Customer and such transport is taken by the ROSP Auditor, Inspector or Evaluator (whether permanently employed, or acting as a sub-contractor), then appropriate insurance cover shall be held by the Customer, Client, customer to the ROSP Customer, or supplier.
3. Where Auditors, Inspectors, Evaluators visit a client, or a customer, or supplier of a client to perform their duties, the customer must provide the relevant Personal Protection Equipment (PPE) and provide adequate training, instruction prior to work commencing. Further the Customer must NOT allow the Auditor, Inspector, Evaluator to handle equipment without express supervision and instruction.
4. System Certification - Findings that must be corrected against the standard that is being audited, the ROSP will not be liable for the determination of the said corrective action and implementation. The decision as to what is required to correct a finding is solely within the remit of the Customer or Client.
5. Persons Certification - As item (4) above, but in some cases, in particular for the FLAME scheme, recommendations will be given to correct the finding. It is incumbent on the customer to review such recommendations and should the customer have concerns with the stated recommendation, the customer is invited to contact ROSP Head Office for a view prior to any such implementation.
6. Inspection - As item (5) above, but additionally, there may be specific requirements stated within the contract, together with additional PI insurance requirements.
The extent of Liability and Professional Indemnity Insurance is dependent on the brand/service being offered. Details of the extent and amount of cover regarding Insurance can be obtained by contacting the Head Office of the Group - see Offices on this website and select Worldwide.
The Client of the ROSP is reminded that should such Insurance cover be of importance for the delivery of services to them, with regard to the limits of Liability, then enquiries to Head Office are welcome to satisfy themselves cover is adequate.
Please, make use of our contact form. We will reply to you as soon as possible but not later than 48 hours on weekdays.