Santia Special Conditions (Accreditation Only) Version 6 Oct 14 1
0. Content 1. Overview 2. Registration 3. Questionnaire 4. The Assessment 5. Assessment Standards 6. Accreditation / Approval 7. Safety Schemes in Procurement (SSiP) 8. Logo and Guidance Note Usage 9. The Database 10. Website & Portals 11. Annual Review 12. Failing Accreditation / Approval & Removal / Suspension from a Scheme 13. Disclosure of Information 14. Disrepute 15. Fee s 16. Cancellation 17. Warranties 18. Client Approved Lists 19. Right of Appeal 20. Amendments & Termination 21. Miscellaneous 22. Definitions Appendix 1: Data Protection 2
1. Overview 1.1 Santia Accreditation operates a number of third party accreditation and supply chain compliance schemes for contractors and suppliers ( The Scheme ). Each scheme undertakes various compliance checks to ensure minimum compliance with the specified scheme standard. 1.2 Standards are benchmarked against the relevant regulation, approved code of practice and industry best practice within the United Kingdom. All references to legislation refer to UK legislation. 1.3 Accredited contractors / suppliers are entered onto a scheme specific register which are used by clients to select organisations who have demonstrated the required minimum level of compliance. 1.4 In the case of companies domiciled outside the UK, Santia Accreditation does not provide a third party accreditation / supply chain compliance Scheme assessing standards that comply with local requirements i.e. non UK law but instead will apply the UK standard. 2. Registration 2.1 The contractor / supplier demonstrate their wish to be assessed by completing the online / offline (whichever applies) registration process, paying the appropriate fee and providing the written signed consent of any individual whose personal data is forwarded as part of the registration process with the intention of uploading such data onto a Santia Accreditation database (please see appendix 1 for further information). Once complete a link to the next part of the process is issued by e-mail for completion and submittal (or a hard copy questionnaire is issued where appropriate). 2.2 Continued accreditation / approval is achieved by ensuring that all fees are paid and successful completion of the re- assessment process is achieved. This may include the provisions of the information set out in 2.1. Frequency of payment is dependent upon the scheme concerned, however commonly this is annually on the anniversary of the original registration date. 3
3. Questionnaire 3.1 The questionnaire (online or hard copy document) is completed and submitted annually by the contractor / supplier, with the necessary supporting documentation uploaded, e- mailed or posted to the scheme in preparation for assessment by an assessor. 3.2 The purpose of any assessment process conducted by Santia Accreditation is to determine the competence of a contractor / supplier organisation and not that of a 3 rd party consultant. It is acknowledged that where H&S expertise is not available internally, external advice should be sought; however, this advice must be assimilated into the business operation. Santia Accreditation reserve the right to refuse applications completed by a third party consultant, which may result in a contractor / supplier organisation being removed from the relevant scheme database. 4. The Assessment 4.1 Applications are assessed by experienced professionals. Applications and submitted evidence are assessed against the relevant scheme standards. If an application is unsuccessful, feedback is provided to the contractor / supplier identifying areas of nonconformance and outline recommendations required to achieve accreditation. 4.2 The assessment process remains active for a time determined by the specific scheme, or until the application is successful and accreditation / approval is awarded. 4.3 The assessment process is intended to support and encourage a contractor / supplier throughout; however, this is subject to the response timescales relevant to the specific scheme. 4.4 As a guide, initial assessments are normally completed within 20 working days of receipt. If additional information is requested from a contractor / supplier, this will normally be assessed within 10 working days of receipt. 4.5 Please note, where on site assessments are undertaken these timescales will vary. 4.6 All information submitted must be written in English. 4
5. Assessment Standards 5.1 The assessment standards of each scheme are set by Santia Accreditation s technical team in conjunction with specialists and Clients (where deemed appropriate). A full technical review is held every 6 months to ensure that the standards remain appropriate and reflect the needs of our Clients and continue to meet legislative and industry best practice requirements. 5.2 The criteria for renewal or cancellation of the Contractor / Suppliers accreditations may therefore differ at the annual review from the standards at the original assessment or previous annual review(s). 6. Accreditation / Approval 6.1 Accreditation or approval is awarded when the auditor / assessor is satisfied the Scheme Standards have been met. It remains the responsibility of the Scheme member to maintain compliance throughout the accredited period and may be subject to continuous compliance monitoring during the accreditation / approval period. Failure to comply may result in the accreditation / approval being removed. 7. Safety Scheme in Procurement (SSiP) Applicable to Safecontractor, Exor and Safemark Schemes 7.1 As part of this relationship the basic details of all companies accredited with the relevant Scheme will be posted upon the SSiP portal, demonstrating that the organisation has met the minimum legal requirements specified in the CDM regulations 2007, in terms of pre-qualification. 7.2 If an accreditation is used to passport onto the Scheme, we reserve the right to provide any relevant information submitted during the accreditation to another SSiP Scheme, if necessary. 7.3 If an accreditation has been passported via another SSiP member and if this accreditation is found to be invalid for any reason, we reserve the right to remove the contractor from the relevant scheme database. 5
7.4 Access to information submitted to the original assessment provider must be granted to Santia Accreditation upon request. Failure to do so may result in removal from the relevant Scheme. 7.5 Please note: If passporting from another SSiP member Scheme, the right is reserved to only offer the deemed to satisfy recognition and the benefits of that recognition for the time period of the original SSiP member Scheme award. 7.6 Accreditation achieved via a deemed to satisfy agreement will only remain valid as long as the passporting H&S award remains current. If the passporting certificate expires then the accreditation may be suspended until either a new SSiP recognised Scheme certificate is provided or a full assessment is undertaken. The latter may result in a further charge to the contractor. 8. Logo and Guidance Note Usage 8.1 Where Scheme logos are used to demonstrate compliance with certain accreditation / assessment standards, their use is restricted to only those organisations that have formally been notified by Santia Accreditation of achieving the relevant standard. 8.2 The duration of logo use is also restricted. Logos can only be used by organisations that hold current and valid accreditations / approvals and must not be used if these are not maintained. Failure to comply with the logo usage rules may result in civil or criminal legal action. 8.3 Santia Accreditation produces guidance documentation that is made available to the organisations it works with. This documentation must not be reproduced in any form without the express permission of Santia Accreditation and must not be used by other organisations for commercial gain. 9. The Database 9.1 Inclusion onto any of Santia Accreditations databases is at the sole discretion of Santia Accreditation and is dependent upon, but not exclusively, based upon all of the relevant standards being achieved. 6
9.2 Being included upon the database does not in any way constitute or guarantee tenders or offers of work. 9.3 Access to Santia Accreditation databases is controlled and secured by individual passwords and is permitted on a temporary basis and we reserve the right to withdraw this access at any time. 9.4 Categories of work within the database may be revised from time to time at the sole discretion of Santia Accreditation. Reasonable attempts will be made to inform organisations of the change and compliance with any changes that will be required to ensure either a successful re-accreditation or to maintain an accreditation. 9.5 Information submitted to Santia Accreditation will be made available to our Clients or approved partners upon request, either directly via the internet or via other electronic / hard copy format. 9.6 Certain Accreditation products allow Contractor members access to the Scheme accredited list providing company name and activity / location via the search tool. 9.7 The information contained within Santia Accreditation Databases must not be used for marketing purposes without the express written consent of Santia Accreditation. 9.8 By registering with Santia Accreditation or one of its Schemes the Contractor/Supplier will have ensured that all relevant permissions have been obtained from all the relevant parties required under any and all appropriate regulation or guidance. 9.9 The Contractor / Supplier shall fully and effectively indemnify and keep indemnified Santia Accreditation and any other Santia Group Company from and against, and agrees to pay on demand, any and all losses, liabilities, damages and expenses (including legal fees on a full indemnity basis) incurred by or awarded against Santia Accreditation and any other Santia Group Company as a result of any breach of any obligations in this contract. 9.10 Without prejudice to the foregoing or to any other rights or remedies of Santia Accreditation and any other Santia Group Company, in the event of any breach of any of the terms of this agreement the Contractor/Supplier undertakes promptly to remedy the breach (or the circumstances giving rise to the breach) at its own cost. 7
10. Website & Portals 10.1 Santia Accreditation aims to update the websites and portals regularly, and may change the content at any time. If the need arises, access may be suspended, or closed indefinitely. 10.2 Any of the material contained in the sites or portals may be out of date at any given time, and there is no obligation placed upon Santia Accreditation to update such material. 11. Annual Review 11.1 Annual reviews will be carried out to ensure that Contractors / Suppliers maintain compliance. Upon satisfactory re-assessment the accreditation / approval period is extended for the agreed time and a new certificate and schedule issued where appropriate. 12. Failing Accreditation / Approval and Removal / Suspension from a Scheme 12.1 Failure to comply with the following may result in removal / suspension from a Scheme: 8 12.1.1 Completing the questionnaire within 3 months of release 12.1.2 Failing to achieve accreditation within 3 attempts (applicable to certain Schemes) 12.1.3 Uploading / forwarding of additional information requested as a result of receiving assessment feedback, within 3 months of the report date 12.1.4 Completing the annual renewal within 3 months of release / issue 12.1.5 Maintaining the same level of insurance as at the time of accreditation or upgrade and notify the Scheme 12.1.6 Providing updated insurance documents upon expiry 12.1.7 Failure to respond or provide information requested within 30 days of being in a final status, will result in either an automatic downgrade to a member only status or will result in a failure to the relevant Scheme. No refund of membership will be made. 12.1.8 Failure to provide all information in English
12.1.9 Failure to maintain membership / paying relevant fees 12.1.10 Ensuring falsified or fraudulent documentation / information is not submitted to the Scheme 12.1.11 Failing to comply with any relevant and applicable law, regulation or directive relating to the registration, accreditation (including renewal) process. 12.2 Reasons and the relevant evidence for failure to achieve accreditation may be passed to any Client. 12.3 Santia Accreditation reserves the right to suspend any Contractor or Supplier from any of their Schemes, should it be deemed necessary in order to protect the Scheme, Contractor or Client. 12.4 If a Contractor is placed into a failed status by a particular scheme, Santia Accreditation reserves the right to state a time frame within which re-applications may not be filed. 13. Disclosure of Information 13.1 The Contractor / Supplier is required to forward immediately to Santia Accreditation, any additional information that may have a bearing on the application and/or accreditation, including: 13.1.1 Details of enforcement action, including statutory notices, informal written notices, and prosecutions 13.1.2 Civil action associated with H&S incidences 13.1.3 Major accidents 31.1.4 Significant new work activities undertaken 13.1.5 Changes to insurance policies such as renewals withdrawals, cancellations or avoidance (In respect of Professional Indemnity Insurance Contractors / Suppliers should advise us immediately of any changes in the number of claims that can be made against the policy and or changes in excesses) 13.1.6 Complaints about H&S performance 13.1.7 Any other information which may affect the application and/or accreditation 13.2 Accreditation / Approval by Santia Accreditation does not remove your statutory responsibilities under H&S legislation and does not mean you are necessarily in compliance with all relevant legislation whether that is UK based or country of origin. 9
14. Disrepute 14.1 Santia Accreditation reserves the right to modify, adjust or cancel accreditations / approvals upon receipt of relevant additional information from whatever source that may be seen to affect the award without refund. 14.2 In any case where it is deemed that any of the Schemes reputations have been brought into disrepute by the actions of a member organisation, Santia Accreditation reserves the right to take any action it deems necessary in order to protect its reputation. 15. Fees 15.1 The fees for assessment / approval vary dependent upon the Scheme and complexities of the areas assessed / audited. Fees must be paid in full prior to any work being undertaken. Where a Scheme membership is involved, payment must be made annually upon the anniversary of the initial joining date. 15.2 Additional charges may be applicable for changes/additions to the application during the accredited period and requests for additional items outside of the standard Scheme benefits. For example: 15.2.1 Additional copies of certificates 15.2.2 Additional stickers 15.2.3 Change to the listed work activities covered in the accreditation (where a reassessment is deemed necessary) 15.2.4 Upgrade Fees This is not an exhaustive list. 15.3 Subscription fees are subject to review and may vary in future subscriptions / assessment costs. 10
16. Cancellation 16.1 Written notice must be provided confirming the wish to cancel. Fees paid are nonrefundable. 17. Warranties 17.1 The Contractor / Supplier are deemed to warrant the following, through completion of the registration process and application questionnaire: 17.1.1 That all information provided is true and complete and information previously provided remains true and complete 17.1.2 Documents in support of the application are true and complete 17.1.3 All information that is material to the assessment has been provided 17.1.4 The information is provided with the full authority of the Contractor / Supplier (or employee if applicable) 17.1.5 The consent to the inclusion of the Contractor / Supplier information on the relevant Scheme database and web portal 17.1.6 The consent to disclosure of the Contractor / Supplier information to Clients and approved third parties for example our insurance Scheme providers 17.1.7 Santia Accreditation is not liable to the Contractor / Supplier or any third parties reliant on any information supplied by the Contractor / Supplier which proves to be incorrect or fraudulent or innocently provided and in breach of these warranties 17.1.8 Santia Accreditation may use third party data in the processing of an application for example Experian 18. Client Approved Lists 18.1 Access onto a specific client list for any of the Santia Accreditation Schemes is at the sole discretion of the client. The client has the discretion to perform any of the following functions: 18.1.1 Refuse access to any contractor / supplier associated with the relevant scheme from gaining access to the approved list# 11
18.1.2 Suspend access to any contractor / supplier associated with the relevant scheme from an approved list 18.1.3 Remove access to any contractor / supplier associated with the relevant scheme from an approved list 18.1.4 Limit the total number of contractor s / Supplier s on a given approved list 18.1.5 Limit the number of work categories included within an approved list 18.1.6 Set specific criteria for gaining access to an approved list 18.1.7 Close an approved list 18.2 Santia Accreditation are under no obligation to inform a contractor / supplier of a client s decision to enforce any of the stipulations listed within 18.1. 19. Right of Appeal 19.1 There is no right of appeal against rejection of an application but Santia Accreditation will give reasons. 20. Amendment & Termination 20.1 The detail of this specification may be amended from time to time. Santia Accreditation maintain the right to terminate the Scheme on giving three months written notice to all registered Contractors / Suppliers, though any accidental omission will not invalidate the termination. 21. Miscellaneous 21.1 These Special Conditions are to be read in conjunction with the terms and conditions of contract that you have entered into with Exor (Services) Limited (which may be our general standard terms or alternatively any agreed terms). These terms and conditions may be viewed at www.santia.co.uk. 12
22. Definitions 22.1 Contractor / Supplier means any organisation that carries out an activity on site or provides a service or a product to a Client. 22.2 Scheme Standards Those that are created and owned by Santia Accreditation, based on UK best practice, regulation and Client input (where appropriate). 13
Appendix 1: Data Protection 1.0 Why do we have a data protection notice? 1.1 Under the Data Protection Act 1988, we must comply with certain requirements which are designed to ensure that any personal data that you provide to us is processed both fairly and lawfully. 1.2 Exor (Services) Ltd trading as Santia Accreditation, safecontractor or exor (referred to as Santia Accreditation for the purposes of this policy) are classified as a data controller for the purposes of the Data Protection Act. 2.0 What sort of data do we collect? 2.1 Santia Accreditation operates a number of third party health & safety / supply chain accreditation schemes. These schemes undertake desktop accreditations of a third parties operational management system and processes. 2.2 In order to gain accreditation with a specific accreditation standard, a business would be required to submit documentation that complies with the relevant accreditation standard. Such documentation may include business related policies and procedures, as well as records that could contain the personal data of their employees. 3.0 Will you need to complete the Santia Accreditation Consent Form? 3.1 If you intend to forward any documentation as part of the accreditation process that contains personal data or sensitive personal data relating to a member of staff and the documentation is either referenced below or makes reference to any of the points below, you will be required to ensure that a Santia Accreditation consent form is completed by that individual: A. the racial or ethnic origin of the data subject, B. his/her political opinions, C. his/her religious beliefs or other beliefs of a similar nature, D. whether he is a member of a trade union (within the meaning of the M1Trade Union and Labour Relations (Consolidation) Act 1992), E. his/her physical or mental health or condition, 14 F. his/her sexual life,
G. the commission or alleged commission by him of any offence, or H. any proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court in such proceedings, I. National insurance number J. Home address K. Personal telephone number L. Personal e-mail address M. Driving license N. Birth certificate O. Photo s / images of personnel P. Personal bank details Q. Date of Birth 3.2 A copy of the Santia Accreditation Consent Form, can be located at the following website addresses: http://www.safecontractor.com/p/terms-and-conditions-safe/ http://www.exorms.co.uk/p/terms-and-conditions-exor/ http://www.santia.co.uk/p/terms-and-conditions/ 3.3 Failure to provide a consent form for any form of personal data referenced within Appendix 1, could lead to accreditation / approval being refused by the relevant scheme. 15