REGULATIONS APPLICABLE TO THE HOLDERS OF KGS CERTIFICATES
One of the conditions placed on all holders of KGS Certificates is that they shall accept and comply with the current version of these Regulations.
This document specifies the general regulations applicable to all holders of KGS certificates. Supplementary regulations specific to some of the certification schemes operated by KGS also apply. These general regulations and corresponding supplementary regulations are updated periodically.
Examples of supplementary regulations include:
- Supplementary regulations specific to management system certificates
Definition of Terms
‘Certification’ The granting of a certificate in respect of a client’s management system, product, service or personnel. Hence KGS certificates management systems, products, services or personnel.
‘Accreditation’ The Standards Malaysia (DSM) accredits KGS Certification Service to provide a particular type of certificate in accordance with specified requirements. The certificate holder is not accredited.
‘Certificate Holder’ The party responsible for ensuring the requirements on which the certification is based are met and continue to be met.
This means that the ‘certificate holder’ can state that he holds an ‘accredited’ certificate. The ‘certificate holder’ cannot claim to be ‘accredited’.
Ownership of Certificates
All certificates issued by KGS remain the property of KGS and shall be returned on request.
Misuse of Certificates, Licences and Marks of Conformity
Certificate holders shall ensure that no incorrect references to the certification system are made and that certificates, licenses or certification marks are not used in a misleading manner.
General conditions relating to the use of Certification Marks
Holders of personnel competency certificates are not permitted to use a certification mark.
Management System and Product Certificate holders are permitted to use the certification marks specified in the Supplementary Regulations referred to above. KGS does not charge a fee for the use of these certification marks. Where a certification mark incorporates a national accreditation mark, additional restrictions apply. DSM publishes conditions for the use of the national accreditation marks These conditions are summarised in the Supplementary Regulations. KGS certificate holders are licensed to use the relevant certification mark in their publicity material if they are certificated for management systems
Logo usage of certificate holder does not make or permit any misleading statement regarding its certification
Certificate holder/logo user shall inform and amend all adverting matter what the scope of certification has been reduced.
Logo usage shall not imply that the certification applied to activities and sites that are outside the scope of certification.
Certificate holder does not use its certification mark in such a manner that would bring the KGS and /or certification system into disrepute and lose public trust.
Any use of a certification mark which might contravene these Regulations shall be referred to KGS.
Further guidance on the use of certification marks can be obtained from KGS.
Use of Certification Marks in publicity material
Certificate holders are permitted to use the certification marks in publicity material, but shall not use a mark incorporating a DSM logo on vehicles, flags or on the exterior of buildings. Authorised users of a certification mark shall reproduce it in a single colour only, being the predominant ink colour of the document. The DSM regulations do allow for reproduction of the accreditation mark in multiple colours but these colours are specific. Details can be obtained from KGS.
A certification mark may be uniformly enlarged or reduced, but shall not usually be less than 20mm in height. On an A4 sized document, the mark shall be no more than 30mm in height. The mark shall be legible and with no infilling, especially if its size is reduced below 20mm in height. The mark shall be shown in its entirety. Electronic representation is allowed provided the same criteria for printing are met.
Use of Certification Marks on products
When used on certificated products, the certification mark may be stamped, moulded or otherwise incorporated in the product. The management system Certification marks shall not be used in the products.
Use of Certification Marks on product packaging
Where physical constraints prevent reproduction of the certification mark to the limits specified in these Regulations, a label incorporating the certification mark may be attached to the product. If that is impracticable, the label may be affixed to the primary packaging, but not to the secondary packaging (eg outer, transit pack). Product packaging is considered as that which can be removed without the product disintegrating or being damaged. Accompanying information is considered as separately available or easily detachable. Type labels or identification plates are considered part of the product. The statement shall in no way imply that the product, process or services is certified by this means. The statement reference to : Identification (eg.brand or name) of the certified client; they type of management system (e.g. Quality, Environment) and the applicable standard; certification body issuing the certificate.
Use of Certification Marks on Laboratory test, calibration or inspection reports
The certificate holders shall not use the KGS / AB marks/logo on laboratory test/calibration reports & certificates, inspection reports and other certificates.
Except as required in these Regulations, by law or by Accreditation, information gained in the course of certification activities about a particular product, certificate holder or applicant certificate holder will not be disclosed to a third-party without the written consent of the certificate holder or applicant certificate holder. Where the law requires information to be disclosed to a third-party, the certificate holder or applicant certificate holder will be informed of the information disclosed. Information gained by DSM during accreditation is kept confidential by DSM.
It is a requirement of accreditation that occasionally DSM/MDA is permitted to witness KGS performing an audit at a certificate holder’s site. Certificate holders are required to permit such witnessed audits to take place when practicable.
KGS maintains a register of certificates. Specific information is available on request and includes the identification of each certificate holder, certificate serial number, period of validity and the scope of the certification issued.
Holders of management system or product certificates are required to keep a record of all complaints received, and the remedial actions taken, relating to the management system or products covered by KGS certificates.
KGS reserves the right to require the certificate holder to take alternative remedial action if it is not satisfied that the action taken by the certificate holder is adequate.
Certificate holders shall immediately cease to use any stationery, literature, advertisements, goods, labelling and packaging bearing the certification mark or any reference to the certification in the event that KGS suspends or cancels the relevant certification or if the relevant accreditation is withdrawn from KGS.
If a certificate holder fails to comply with these Regulations or any conditions specified in a particular certificate, KGS reserves the right to suspend or cancel the certificate and to require the holder to cease use of the certificate and the certification marks. If necessary, legal action will be taken by KGS.
Failure to pay any fees charged by KGS in connection with certification may result in cancellation of the certificate.
Prospective and current certificate holders have the right to appeal against decisions taken by KGS. An appeal should be initiated by submitting details in writing to a Director of KGS Certification Service, who will arrange for an appeals panel to review the matter. The appellant has the right to object to the constitution of the appeals panel. Any objection will be considered by the Governing Body of the Certification Service who will decide whether to amend the constitution of the panel. Subject to the appellant’s legal rights, the decision of the appeals panel is final.
The Company and its Services
KGS Certification Service is a company limited by guarantee incorporated in Malaysia.
KGS Certification Service operates internationally and provides certification of management systems. KGS is accredited for these activities by the Department of standards Malaysia (DSM).
The Quality Policy
The policy of KGS Certification Service is to provide, in the most cost effective manner, an independent and impartial certification service which combines technical competence with objectivity and integrity. The Service is non-discriminatory in operation, with no undue financial or other constraints and is available to all. It is the policy of the Service to achieve and maintain recognised accreditation for its activities in order to demonstrate its commitment to providing an efficient, commercially aware, competent service.
The certification service is based at KGS Malaysia. The service is administered by a Board of Directors with specialist Certification Managers for each major area of business.
The service is overseen by an independent certification board whose members provide a balance of relevant interests, with no single interest predominating.
Contact KGS at the above mentioned address for further information.
Supplementary Regulations Applicable to the Holders of KGS Certificate
One of the conditions placed on all holders of KGS Certificates is that they shall accept and comply with the current version of ‘Regulations Applicable to the Holders of KGS Certificates’ (KGS-CLR-001) and any applicable regulations.
These supplementary regulations are for holders of management system certificates.
Modifications to Certificated Management Systems
Any change that affects, or may affect, future audits or any of the information in a certificate shall be notified in writing to KGS prior to implementation.
KGS shall advise the certificate holder if there are any audit implications and will reissue the certificate when appropriate.
Relevant information that should be notified to KGS includes any significant change to the number of employees or the organisation structure.
Surveillance and Reassessment
KGS carries out periodic surveillance and reassessment of certificated management systems to monitor whether the systems continue to comply with the conditions of certification. The frequency and duration of such surveillance is in accordance with the requirements of the relevant standard. Normally reassessments shall be carried out every third year. In accepting and using a certificate the holder agrees that when notified a surveillance or reassessment visit is necessary to pay promptly all fees due and to co-operate in the execution of the audit. Failure to pay fees may result in suspension or withdrawal of the certificate.
Certificate holders who do not permit surveillance or reassessment shall immediately surrender their certificate.
Certificate holders who persistently do not clear outstanding non-compliances within the agreed timescale may have their certificates suspended or withdrawn.
Holders of environmental or occupational health and safety management system certificates shall inform KGS promptly of any relevant accidents, incidents, pending prosecutions, fines or enforcement notices. Failure to promptly notify KGS may void the certificate.
Use of the KGS Certification Mark
Holders of KGS management system certificates may use the appropriate KGS Certification Mark. Two examples are illustrated below. Only certificate holders having certificates bearing the DSM logo may use the KGS Certification Mark that contains the DSM logo. (ie. QMS Certificate holders can follow this.
The KGS certificate number shall be printed below the KGS Certification Mark.
Copies of all KGS Certification Marks are available from KGS in both printed and electronic format. Care should be taken to ensure that the logo containing the relevant certification standard is selected.
When using a KGS Certification Mark the general conditions contained in this Regulations shall be followed.
A management system certification mark shall not be used on products or associated documentation.
KGS will take action to deal with incorrect reference to certification status or misleading use of certification documents, marks or audit reports. Such action could include requests for correction, corrective action, suspension, withdrawal of certification, publication of the transgression and, if necessary, legal action.
Contact KGS at the above mentioned address for further information.