Rules For The Requirements Of The Competent Authorities And Competent Professionals Working On Issues Of Protection And Procedures For Competence Assessment

Original Language Title: Noteikumi par prasībām kompetentām institūcijām un kompetentiem speciālistiem darba aizsardzības jautājumos un kompetences novērtēšanas kārtību

Read the untranslated law here: https://www.vestnesis.lv/ta/id/101764

Cabinet of Ministers Regulations No. 101 in 2005 (8 February. 8. § 26) the rules on the requirements of the competent authorities and competent professionals working on issues of protection and procedures for competence assessment Issued under the employment protection act, article 9 of the sixth part i. General questions 1. Rules lays down the requirements for the competent authorities and competent professionals working on issues of protection and competence assessment. 2. The competent specialists and competent institution provides employer services job protection under mutual agreement. 3. The competent specialists and competent institution, providing the services you are working in the field of the protection of works closely with your health professional or other employer designated and employed persons of trust, as well as the involvement of the company's employees. 4. If the competent professional or the competent authority in the company found conditions that endanger the safety and health of employees, they are required to promptly notify the employer, labour protection specialist or other designated by the employer to the worker and workers concerned. 5. The competent professional, competent institution and its personnel conducting internal monitoring of the working environment, as well as other health services may not be the national monitoring and control organ or personnel carrying out State control and monitoring of labour protection (for example, the State Labour Inspectorate and its personnel). 6. internal monitoring of the working environment and other health services may be provided to companies and institutions that comply with these provisions the competent professionals and the competent authorities. The competent specialist and competent institution responsible for the implementation of the tasks entrusted to them are carried out in a professional, fair and technically adept. 7. protection services the competent specialist and competent institution provided through such technical resources (for example, work equipment, laboratory equipment), which ensures their functions in an appropriate quality. 8. The competent specialist and competent institution shall ensure that the environmental risk assessment and the results should be objective and independent of any influence, particularly financial, which might influence the test or evaluation results. II. Requirements for competent specialists 9. to make the work environment internal monitoring, competent professional requires the highest level of knowledge (professional higher education) labour protection under the Ministry of education and Science approved second level professional higher education Pro gramm (profession standard PS 0100 "senior protection officer"). 10. Health senior specialist who won the rule referred to in paragraph 9, which represents the education document is comparable to the competent specialist and is entitled to carry out internal monitoring of the working environment of companies five years of formal education, the date of receipt of the document. 11. by paragraph 10 of these provisions before the expiry of the period referred to in the labour protection senior technician draws under the standard LVS EN ISO/IEC 17024:2004 "conformity assessment-General requirements for bodies certifying persons" requirements in an approved institution (hereinafter the personnel certification body) for a competent specialist certificate attesting the competence of the person health matters (hereinafter referred to as competent specialist certificate). 12. for a competent specialist certificate, an applicant shall submit a certification body staff application and the following documents: 12.1 of the formal education of professional higher education in labour protection under the occupation standard PS 0100 "senior protection officer";
12.2. the document proving no less than three years of practical work in the field of the protection of labour. 13. Personnel certification body 30 days after this Regulation referred to in paragraph 12 of document receipt organizes the applicant's knowledge and ability test (test) and assess his compliance with the certification of competence applied for, taking into account the profession standard PS 0100 "labour protection senior technician", as well as the standard LVS EN ISO/IEC 17024:2004 "conformity assessment-General requirements for bodies certifying persons" and the requirements set out in these provisions. If the applicant's competence meets the requirements, he shall issue a certificate of competent professionals with a validity of five years. 14. the competent specialist certificate shall include the certified persons name, surname, personal code, the date of issue of the certificate, the period of validity of the certificate, certification, certificate number, personnel certification body's name and the signature of the person certified, as well as the conditions of use of the certificate and restrictions (for example, prohibition of the same change of the information referred to in the certificate, a certificate of prohibition to use it for purposes and not to discredit staff certification bodies) and other standard LVS EN ISO/IEC 17024 : 2004 "conformity assessment-General requirements for bodies certifying persons" that information. 15. A certificate by the certification bodies for personnel responsible for the signature and the stamp of that institution. 16. If the applicant does not meet the competence in these provisions the competent specialists, personnel certification authority not later than five working days after the decision is issued or sent to the person concerned a written reasoned decision on refusal to grant the competent specialist certificate or extend the period of validity of the certificate, as well as the cancellation of the certificate. 17. Personnel Certification Authority is obliged to revoke issued by the competent specialist certificate if it finds that: 17.1. the competent professional does not meet the requirements of this regulation;
17.2. the competent specialist certificate terms of use violated at you;
17.3. the competent officer violated his scope of regulatory normative acts;
17.4. for a certificate the applicant has provided false information. 18. to continue, after the certificate expires, the competent specialist certified staff repeatedly certification institution. 19. the staff supervising authority not less than once every three months forward to the National Labour Inspectorate for the previous quarter the certified list of competent professionals, as well as information on the cancelled certificate of competent professionals. 20. the State Labour Inspectorate after paragraph 19 of these rules of receipt of the information referred to in its public availability. 21. the staff supervising authority shall inform other staff certification bodies of persons whom it has refused to issue a certificate, the competent authority or competent professionals, who have been revoked by the certificate. 22. Personnel certification body information for competent professionals in assessment and certification to keep no less than 10 years after the issue of the certificate by the competent authority. 23. The competent specialist will not disclose information that it obtained, the performance of job tasks, except for the information that an official request to the law enforcement authorities or authorities which, in accordance with the labour protection laws are carried out under official supervision and control of work. 24. prior to the commencement of practical operations of the competent specialists insure their civil liability of an amount to cover the recipient of the service damage that may result from his professional activities. III. competent authorities requirements 25. the competent institution is entitled to carry out internal monitoring of the working environment, if the newspaper "journal" is published in the notice and shall ensure that the following minimum requirements: 25.1. It provides standard LVS EN ISO 9001:2001 quality management system ". "Requirements and its competence in matters of protection is rated according to the requirements of this regulation;

25.2. the institution shall insure its liability to the extent possible, to cover the error incurred by the recipient of the service damage that cooperation with institutions in the selected insurer calculated the areas of activity of the institutions of the risk assessment. 26. the competent authority (the staff) shall not disclose information acquired by it in the performance of job tasks, except for the information that an official request to the law enforcement authorities or authorities which, in accordance with the labour protection laws are carried out under official supervision and control of work. 27. in order to comply with this rule 25.1. the requirements referred to in paragraph 1 below and demonstrate their competence in labour protection matters, the institution draws its quality system certification body that is accredited according to the standard EN 45012 "General requirements quality system assessment and certification/registration bodies" (hereinafter referred to as the quality system certification body). 28. quality system certification body competence evaluation in the field of the protection of work done in accordance with the standard EN ISO 9001:2001, EN "quality management system. "And the requirements of this regulation. 29. the competence assessment of institutions working in the field of defence, quality system certification body in addition to the provisions referred to in paragraph 28 of the requirements of the standard, take note: 29.1. claims personnel competent institution according to the rules 40, 41, 42, 43 and 44;
29.2. the institution's resources and technical options (for example, work equipment, laboratory equipment) for compliance services. 30. If the institution's competence assessed as according to the rules referred to in paragraph 28 of the standard and the requirements of these regulations, quality system certification body shall issue a certificate of its quality system, indicating the institution's compliance with the requirements of these regulations. 31. quality system certification body reverses the quality system certificate if the competent institution does not comply with the provisions referred to in paragraph 28 of the standard and the requirements set out in these rules or requirements that compliance is not met within a specified time limit. 32. quality system certification body during the month from a quality system certificate is issued or the date of cancellation sends this information to the Welfare Ministry. 33. Quality System certificate by the competent authority, which wants the Welfare Ministry shall publish a notice in the newspaper "Gazette", submitted to the Ministry of Welfare application, stating: 33.1. company name, legal and actual address;
33.2. the head of the company (name);
33.3. the scope in which the competent institution wishes to be notified;
33.4. If the competent institution is a business unit, information about the affiliation of the company;
33.5. the application of responsible contact person (first name, last name, telephone, fax number and electronic mail address, if any). 34. This provision of the competent institution referred to in paragraph 33 of the present mam accompanied by the following documents: 34.1. Business Register issued a document confirming the company's registration in the commercial register (submitted by producing a copy of the original);
21.3. company statutes (submit a copy of the presentation of the original);
3. quality system certification issued by the institution of the competent authorities of the quality system certificate (submit a copy of the presentation of the original);
21.4. the competent institutions of knowledge and competence of staff supporting documents (copies);
34.5. evidence of insurance against civil liability of the competent institution, which guarantees the security of the competent institution by mistake the resulting damages of not less than 20000 lats (such as civil liability insurance policy, bank guarantee letter or a specially made for this purpose, a credit institution deposits);
21.5. If the competent institution is a business unit of the company's organisation chart,;
21.6. the competent institutions of the planned service description. 35. The competent institution of the application and the documents accompanying the Minister of welfare created the appearance of the applicant, the Commission (hereinafter the Commission). 36. following this rule 33 and 34 of document referred to the Commission within 10 working days of them evaluate and provide welfare Ministry official responsible for the proposal to publish the newspaper "Latvian journal" notification of competent institution quality system certificate or its refusal. If the decision is taken to refuse notification newspaper "journal", the Ministry of welfare applicants to send a written refusal specifying the reasons and decision the opposition and appeal procedures. 37. the Commission takes a decision to refuse to publish the newspaper "Latvian journal" notification of competent institution quality system certificate, if not all submitted: 37.1. this rule 33 and 34 above documents;
37.2. in any of the documents submitted are expired or that information is not true;
37.3. provides false information. 38. where the refusal by the Ministry of welfare the competent institution prevents deficiency and resubmit the application, their appearance in General. 39. The Ministry of welfare a month from a positive decision, published in the newspaper "Gazette" notice of recognition of the institution of the competent institution, but every six months — a list of competent authorities for the last half of the year the certificate is revoked. 40. The competent institution shall employ at least the following specialists: 24.9. labour protection senior technician;
40.2. the occupational doctor or occupational health doctor. 41. If the competent institution employs professional, which is the oldest professional protection and occupational health physician or senior professional and occupational health physician education and qualifications, the competent institution may employ only this one. 42. the competent institutions of employees who got the highest level of knowledge (professional education) labour protection under the Ministry of education and Science approved second level professional higher education program (a profession standard PS 0100 "senior protection officer"), certified according to this provision the requirements laid down in chapter II. 43. Competent institution workers occupational physicians or occupational health doctors need higher medical education obtained in accredited full time medical courses, and specialized in occupational medicine doctor (professional code 2221-05) or the occupational health physician (professional code-2221 06) specialty treatment in accordance with the procedure prescribed by law, and it must be attested by a certificate of professional qualification. 44. providing labour protection service, depending on the company and the scope of the task (work, services) nature of the competent institution in addition to the provisions referred to in paragraph 40 professionals task attracts industry professionals concerned or other professionals (e.g., ergonomist, occupational health nurses toxicologist). 45. in order to guarantee the impartiality of the staff of the competent institution, the remuneration must not depend on the company's job results. 46. the competent institution shall provide services and fulfill the obligations according to the quality system certification bodies for quality system certified, ensuring the effectiveness of the service. IV. final question 47. Regulations shall enter into force by 1 January 2006. Prime Minister a. Halloween Welfare Minister d.-Staķ