State control over compliance with standards, metrology standards and regulations
The State control – is the periodic check of the government of activity of natural and legal entities by authorized bodies directed to prevention, identification and suppression of violations of the requirements established by regulations by results of which at detection of violations measures of the state coercion can be applied. The main objectives of the state control are: prevention and suppression from legal entities and individuals of violations of the normative documents establishing mandatory requirements to production, control of observance of rules of certification, quality of the certified production, granting to public authorities, other interested organizations of reliable information about observance by legal entities and individuals of the established mandatory requirements of normative documents and rules of obligatory certification, a condition of quality of the products which are turned out and realized in the Republic of Kazakhstan.
Subjects to the state control are: production, including import; services to the population, works; standard, technical (design, technological, design) and other documentation on production; works on obligatory certification of production of manufacturers, testing laboratories, bodies for certification. The state control is exercised in the territory of the Republic of Kazakhstan at legal entities and individuals, including foreign firms, at any stage of life cycle of production: developments and statements of production on production, her production, realization, use, storage, transportation and utilization and also when performing processes and rendering services.
The state control is exercised by officials of State standart and territorial authorities subordinated to him on state control – the state inspectors certified in the order established by State standart, and having the certificate of the established sample. Representatives of other public authorities performing control and supervising functions, public organizations, certification experts-auditors can be involved in checks in accordance with the established procedure.
In all cases of check officials State standarta or his territorial authorities on state control head. The chief state control inspector of the Republic of Kazakhstan, being within the competence State standart, the Chairman State standart is. The deputy chief state inspector is the vice-chairman State standart. The chief state inspectors of areas, the fixed territories, heads of territorial authorities State standart on state control and their structural units located out of the place of dislocation of the main division are.
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When carrying out the state control the external survey, identification of production, measuring and test control and other methods providing reliability and objectivity of results of supervision is applied. Heads of legal entities and natural persons when conducting check at them are obliged to provide to the state inspectors necessary conditions for her performance: free access to service and production premises at presentation of the certificate of the state inspector and a task for check registered in territorial authority of state control, if necessary, in body of prosecutor's office according to the requirements established by the legislation; submission of the documents and data necessary for the state control, rooms and office equipment for execution of the inspection statement, measuring instruments and tests, vehicles for delivery of samples to tests to allocate responsible persons with right to sign of intermediate acts, references; sampling and product samples for control of their compliance to mandatory requirements of normative documents with reference of cost of the spent samples and costs of carrying out tests of expenses of the checked objects.
The State control is exercised by means of random inspections taking into account: the priority directions of the state control established by State standard annually; target tasks of the Government, State standard and local executive bodies; complaints of the consumers and other circumstances demanding check of a particular legal (physical) person; data of the State Register of the Republic of Kazakhstan on the accredited testing laboratories and bodies for certification. Frequency of planned inspections of observance of mandatory requirements of normative documents by manufacturers of production makes no more once a year. Frequency of planned inspections at other stages of life cycle of production isn't established also depends on existence of data on the available and possible violations.
At receipt in territorial authority on state control of complaints and claims of consumers on the facts of violations. Legal entities and individuals of the requirements to production established in normative documents, additional tasks from the higher organization and municipal authorities, carry out unscheduled inspections of these persons irrespective of, planned inspection was carried out at them or not. At identification as a result of check of violations of mandatory requirements of normative documents, rules of obligatory certification and issue of the instructions established by the legislation after the termination of the term specified for elimination of violations check of execution of the issued instructions has to be organized. Check of implementation of earlier issued instructions can be organized to the term established for their execution if the legal (physical) entity to which the instruction was issued, reports in territorial division on state control about elimination of the revealed violations and will address with a request for extradition of the corresponding permissions. [9]
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The commission on check of any object of state control, is defined and approved by the Chief state inspector of area, except the commission on check of activity of bodies for certification which is formed according to offers of territorial division on state control and is approved by the order of the Chief state inspector of the Republic of Kazakhstan or his deputy. For the organization of check addressed to the head of the checked object the task for check which has to be surely registered in the log-book of checks of territorial authority on state control and in body of prosecutor's office prepares if it is established by the normative legal act. By preparation for checks:
- results of the previous checks including which are carried out by other public authorities on control and supervision are analyzed;
- the standard and technical documentation relating to a check subject is analyzed;
- results of activity of the checked object are studied (according to reporting data, claims, etc.);
- it is developed, if necessary the program of check;
- the issue of need of involvement of experts and experts in the field of quality of controlled production of the third-party organizations is handled;
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- the possibility of carrying out tests of controlled production in testing laboratories of the city, area is defined.
On arrival on the checked object his head or the replacing his face are handed the notice of conducting check prepared in compliance of this document and acquaint with plans of check. Here work between members of the commission as the state inspectors and the involved experts is distributed and also the list of the necessary materials and documents submitted by object of check is defined.
Organization of carrying out the state control of observance of requirements of normative documents for standardization. When carrying out the state control of observance of mandatory requirements of normative documents assessment of observance of the established requirements has to be carried out. External inspection of production, her identification is for this purpose performed and product samples for carrying out their tests are selected. The technique of selection and quantity of the selected samples have to conform to requirements of standards of concrete production. If the standard on production provides continuous control or doesn't establish norm for sampling, then the volume of selection is defined by the state inspector in coordination with the head of the checked object, but not less than 10% of production of the checked party go three products at continuous control.Assessment of compliance of production to requirements of normative documents is carried out on the basis of the control and tests provided by standards. External inspection of production is performed by the state inspector with involvement of experts of the checked object. Tests of samples are carried out in the checked production of laboratory accredited to tests any.
In the absence of the accredited laboratory it is allowed to carry out tests in the certified laboratory. The selected samples isolate from other production, pack, will seal up or seal up and transfer to tests with the copy of the act of selection and with the accompanying letter direction in which the program of tests is specified. The lot of products from which samples are selected before the end of tests of realization isn't subject, except for perishable production. The volume of tests is established by the state inspector heading check depending on a task. As a rule, tests are carried out only according to the mandatory requirements established in normative documents.
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When conducting checks according to complaints of consumers to discrepancy of production on the quality indicators causing consumer properties of production, tests are carried out also on these indicators. The cost of the spent samples and costs of carrying out tests belong on expenses of the checked objects. At impossibility of carrying out tests in the accredited or certified laboratories of test of production are carried out on the basis of the checked object by forces of his experts in the presence of the state inspector. At the same time before carrying out tests the state inspector is obliged to be convinced of security of the checked object with measuring instruments, measurement techniques, the test equipment and their readiness for monitoring procedure with the normalized accuracy.
By results of tests, measuring control, external survey and identification of production the protocol in a form of the recommended or in any form is formed. The made test report or the protocol issued by the accredited laboratory which was carrying out tests is the annex to the inspection statement. Results of tests extend to lot of products from which samples have been selected. If by results of external survey and to tests of production of violations it isn't established, then check comes to an end and the act is made out. At establishment of the fact of discrepancy of production to mandatory requirements of normative documents the reasons of the revealed violations are established and an inspection at full scale is carried out.
In the course of control of production which is subject to obligatory certification also it is checked: existence of the certificate issued by the representative on that body, its authenticity, correctness of registration, registration and validity period; competency of application of the Mark of conformity; existence of the documents confirming carrying out inspection control by the body for certification which has issued the certificate according to the scheme of the certification providing inspection control.
When conducting checks behind observance of requirements of normative documents for standardization on the checked object security and a condition of measuring instruments and tests by the techniques approved by State standart at the same time is checked. Production which mass production or the quality system of manufacturer are certified in accordance with the established procedure is checked by bodies of state control at her producer only in the following cases; in the presence on her complaints from consumers or tasks of the higher organization; if as a result of check of activity of bodies for certification are established groundlessness of issue of the certificate of conformity on this production or violations at implementation of inspection control of the certified production from body for certification.
Organization of carrying out the state control of activity of bodies for certification and testing laboratories. The state control of activity of the accredited bodies for certification and testing laboratories is carried out for the purpose of establishment of compliance of their activity to requirements according to which they have been accredited and also for the purpose of check of observance of requirements of the state system of certification of the Republic of Kazakhstan by them.
When conducting checks in the accredited bodies for certification is established: existence of the certificate of accreditation of body for certification of production, quality systems, productions; existence of necessary fund of standard documentation and timeliness of his updating; presence of necessary personnel and its qualification; existence of the documents defining rules and an order of certification of production assigned to body; observance of the requirements established in the Provision on body for certification and documents of the state system of certification; correctness of registration and validity of issue of certificates of conformity on production according to area of accreditation; correctness of registration of the issued certificates; refusal cases in issue of the certificate on production because of her discrepancy to mandatory requirements of normative documents; provision of work with subcontractors; correctness of carrying out inspection control of the certified production; carrying out internal audit. [9]
When conducting checks in the accredited testing laboratories is established: existence of the certificate of accreditation of testing laboratory on the right of carrying out certified tests; compliance of the types of production which are subjected to certified tests, area of accreditation of laboratory; presence of necessary personnel and its qualification, existence of duty regulations, professional development forms; existence of necessary fund of standard documentation and timeliness of his updating; a condition of means and measurement techniques, the test equipment and techniques of the tests applied at certified tests; timeliness of checking of measuring instruments and tests; correctness of application of standard samples existence of acts of selection and the system of designation of samples of the tested production; completeness of carrying out tests of product samples for compliance to requirements of normative documents; observance of programs and techniques of carrying out tests; correctness of registration and reliability of protocols of certified tests; carrying out internal quality control of tests and internal checks of a control system of quality of laboratory; interaction with the applicant, other testing laboratories, bodies for certification.
Registration of results of checks. By results of checks of legal entities and individuals the act is made out. The inspection statement – the document which is the basis for issue of instructions and resolutions on application of corrective actions according to the current legislation. Main requirements to the inspection statement: reliability and validity of established facts of violations of requirements of normative documents for standardization, the rules of obligatory certification and the reasons which have caused them; brevity of statement at a maximum of necessary information; completeness of results of check; objectivity of results of check.
The inspection statement at which violations are established consists of the following sections: basic data, results of check of observance, requirements of normative documents results of check of a condition of measuring instruments and tests, reasons of violations, conclusions. Intermediate acts are attached to the main act: sampling, test reports, copies of the documents confirming the revealed violations, etc. In the act the short characteristic of the checked object is given, the revealed violations, their reasons and also other data allowing to prove the taken measures are specified.
The act is signed by all participants of check. Responsibility for completeness, reliability and objectivity of the data stated in the act is born by the head of check. The contents of the act are brought to the attention of the head of the checked object who signs it. Officials of the checked object have the right to state in writing the dissenting opinion by results of check which is applied to the act. The inspection statement at which violations haven't been established consists only of sections: basic data; results of check of observance of requirements of normative documents. Additional requirements for carrying out and registration of checks at various stages of life cycle of production, by concrete types of production and objects of checks are established in techniques of checks or specifications on conducting the checks approved by State standard.
The copy of the inspection statement of activity of the accredited bodies for certification and testing laboratories regardless of results of check goes to State standart. After obtaining the act and instructions the checked face immediately takes measures for elimination of the revealed violations and the reasons which have caused them. If necessary, the plan of measures on elimination of violations which is brought to the attention of territorial division on state control is developed. Certificates of implementation of the plan of measures, the message about execution of the received instructions are sent to territorial division on state control for control and are used when conducting check of execution of the issued instructions.
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