Approval Suspension and Withdrawal

Combined assessments

If the reason for suspension or withdrawal is specific to one management system standard only, then certification to other management system standards is not affected.

Suspension of approval requested by a client

A client may request an approval contract to be suspended. The Main office reviews all such requests to identify the reason and to ensure that suspension is appropriate in the circumstances. If suspension is appropriate, tell the client of actions required, that is:

The client remains suspended until either :

  • It requests the approval to be reinstated, or
  • The expiry of the certificate, when approval ceases
  • If reinstatement is requested, JMS may need to carry out a special surveillance visit depending how long the client has been suspended.

While the approval is suspended, the client:

  • cannot claim to be approved by JMS.
  • cannot promote their approval, and
  • cannot accept orders for which approval is a condition of contract 
  • Client certificate shall appear void in the client folder list for any external verification.

Termination of approval requested by a client

A client may request an approval contract to be terminated. An appropriate person from the Area the office reviews all such requests to identify the reason and, if applicable, to also record this as a client complaint. JMS deals with such complaints in line with the client complaints system. 

If the reason for the termination request is considered valid, then :

JMS will Tell the client of actions required

JMS will Update the appropriate records (client databases) to ensure that the company is omitted from any subsequent listings of JMS approved clients

 

When client fails to comply with the JMS contracted agreement

If the client is not able to fulfil their obligations under the contract they have in place with JMS the continued approval of that client must be reviewed by the Technical Manager , and a decision taken as to the immediate suspension of their approval.

Any review undertaken must take into account exceptional circumstances, such as natural disasters, that would prevent the client fulfilling their contractual obligations.

Examples where a client is not able to fulfil their obligations include but are not limited to :

  • Not allowing, or not being able to allow, JMS to undertake the visits required by the certification plan for their approval.
  • Not allowing, or not being able to allow, JMS to perform Special Surveillance or Short Notice visits to investigate issues that may have arisen, that impact upon the continued approval of the client.
  • Failure to notify JMS as soon as it becomes aware of any breach of an applicable regulatory requirement which has the potential (if identified by or reported to the regulator) to result in a regulatory authority prosecution or the issuing of a legally enforceable notice to improve or cease a process or activity being undertaken relevant to the certified management system.

Suspension or withdrawal due to gross misconduct or major legal / regulatory breach

If it is demonstrated that a client has acted in a way that would bring JMS, or the certification process into disrepute and would result in a loss of public trust in certification, the continued approval of that client must be reviewed by the Technical Manager, and a decision taken as to the immediate suspension or withdrawal of their approval.

Examples of gross misconduct include, but are not limited to:

  • Deliberate failure to comply with applicable legal or regulatory requirements, supported by the senior management of the client
  • Deliberate misrepresentation of their approval, or
  • Issues likely to cause JMS’S reputation to be brought into disrepute
  • Deliberate fraud, including falsification of records
  • Accreditation Mark Misuse

When client fails to maintain the approved system

If a major nonconformity is raised at a surveillance or certificate renewal visit, JMS plans a further visit to verify corrective action. The time allowed for the client to implement corrective action must be consistent with the severity of the major nonconformity.

If a corrective action review visit cannot be arranged, tell the client that approval is suspended, and the process that will now be followed and what actions are required.

Any proposal to allow a major nonconformity to remain outstanding beyond the three months referenced in procedure Corrective action verification, Major nonconformities section, must be confirmed with a technical verifier  for Technical Verification requirements.

When approval is suspended, the client :

  • Cannot claim to be approved by JMS
  • Cannot promote their approval, and
  • Cannot accept orders where approval is a condition of contract.

JMS gives clients 10 days to respond to the suspension letter, before continuing the process as below.

Response to suspension

Action by JMS to the response received from the client depends on the following :

If a client has requested suspension, the certificate remains suspended until reinstatement is requested, or the certificate expires.

If a client’s approval has been suspended because of failure to maintain the approved system, there are three possible responses :

  • the client may claim to have taken corrective action and request JMS to verify its effectiveness.
  • the client may invoke the Feedback handling, disputed complaints and appeal

no response (within 10 days), that is the client takes no action, JMS withdraws the approval

Publication of suspension and withdrawal

On request, publishes suspensions and withdrawals of approval to any interested parties by whatever means is considered to be most effective

When approval is either suspended or withdrawn, a client must withdraw all documents and amend all website entries which make use of the approval and / or approval logos. The client Certifying office shall diarise the suspension or withdrawal of approval so that they can verify, 4 weeks after the date of suspension or withdrawal, that the client has withdrawn any use or reference to the approval or approval mark from their website.