Nõuded mõõteprotseduurile ja mõõtja erialasele pädevusele ning pädevuse hindamise ja tõendamise kord

§ 1. Scope of application

This Regulation establishes the procedure for assessment and attestation of the professional competence of measurers, and specifies the requirements for competent measurers and their measuring procedures, whose professional competence shall be assessed by an accreditation body.

§ 2. Criteria of professional competence

A competent measurer shall meet the following criteria:

1) follow the requirements for measurement established by legislation providing for the obligation to prove traceability of measurement results while carrying out measurement;

2) the staff responsible for measurement tasks and carrying out measurement has necessary skills, knowledge and training, and their area of responsibility and scope of competence have been defined;

3) prevent possible conflicts of interests in determination of the area of responsibility of the staff engaging in measurement tasks;

4) define the management structure of the organisation and the position of the persons engaging in measurement tasks within the organisation;

5) use a suitable measurement method and procedure, whereas any non-standardised measurement method shall be assessed by the measurer and approved for purposeful use;

6) upon sampling, establish a plan and procedure for sampling in accordance with established practice, and implement these upon sampling;

7) have free access to all measuring instruments and other devices which are necessary for correct measurement, whereas the measuring instrument and other devices used shall be handled and maintained as required;

8) ensure that the measuring instrument used for measurement has been traceably calibrated or verified or if it permitted by legislation to use for measurement an instrument which cannot be traceably calibrated or verified, relevant procedures and measurement methods are followed to inspect the instrument;

9) ensure that the premises used for measurement and the environmental conditions enable correct measurement without damaging its required quality, whereas in case of field measurements the impact of environmental conditions shall be recorded in the measurement uncertainty assessment;

10) establish and implement a procedure corresponding to established practices to handle and identify the measurement object and to ensure the confidentiality of the measurement result and relevant personal data;

11) establish a procedure to assess measurement uncertainty, whereas measurement uncertainty shall be presented as expanded measurement uncertainty at the level of probability of 95%, or at the level of probability provided for in relevant legislation governing measurement, and apply the measurement uncertainty assessment procedure;

12) while documenting a measurement result, ensure that all information is presented accurately, clearly and objectively to an extent which is required by the measurement method and is necessary to interpret the measurement result;

13) preserve the measurement and observation data and the calculations and decisions made on the basis thereof, the measurement records and copies of the documents issued, for the duration of an appropriate period determined by himself/herself, unless otherwise required by legislation;

14) establish and implement a quality assurance control procedure for measurement, including regular use of working measurement standard and reference material, and participate, where possible, periodically in a suitable proficiency testing or comparison measurements;

15) establish a procedure for preventing noncompliant measurement activities or corrective actions of incorrect measurement activities in accordance with established practices;

16) demonstrate the continuing compliance of his or her activities with the requirements of this Regulation, while planning and carrying out internal audits in accordance with established practices and established procedural rules for the duration of an appropriate period determined by himself/herself, in the course of which the measurer shall verify the compliance of his or her activities with the requirements;

17) prepare and apply documents covering the requirements set out in clauses 2)–16) to ensure the reliability of measurement results, and make these documents available to the staff participating in measurement tasks.

§ 3. Applying for assessment of professional competence

(1) An applicant for the assessment of professional competence (hereinafter applicant) shall submit to the accreditation body an application containing the data necessary for assessing the fulfilment of the criteria set out in § 2 and data on the scope of competence applied for, and the contact data of the applicant in the format developed by the accreditation body.

(2) The list of measuring instruments covered by the scope of competence applied for, and the description of any non-standard measurement method shall be appended to the application.

(3) At the request of the accreditation body, the applicant shall submit additional documents which are necessary to assess competence as set out in § 2, in order to demonstrate his or her compliance with the requirements of this Regulation.

§ 4. Assessment and attestation of professional competence and modification of scope of competence

(1) Upon assessment of professional competence, the accreditation body shall ascertain the professional competence of a measurer in accordance with the criteria specified in § 2.

(2) The accreditation body has the right to interrupt or discontinue the assessment if the applicant does not enable to carry out the assessment as required or does not pay on time the fee provided for in the Product Conformity Act.

(3) If the professional competence assessment procedure has been carried out in accordance with the requirements of the standard EVS-EN ISO/IEC 17011, or similar requirements, the assessment procedure is presumed to be in compliance with the requirements of the Regulation.

(4) In case of a positive result of the assessment of professional competence, the accreditation body shall issue a certificate attesting the professional competence of a measurer to the applicant.

(5) A certificate attesting professional competence shall contain at least the following data:

1) name, address and e-mail of the measurer, and if necessary, the structural unit of the measurer;

2) confirmation stating that the measurer complies with the criteria for professional competence;

3) field of measurement;

4) reference to the piece of legislation providing for the requirement for the traceability of measurement results;

5) registration number of the certificate;

6) date of issue of the certificate;

7) period of validity of the certificate;

8) name and signature of the head of the accreditation body;

9) object of measurement, measured parameter and measurement method;

10) person responsible for the measuring tasks.

(6) If the applicant does not comply with the requirements set out in subsection (1) or does not fulfil the requirements specified in subsection (2) and subsection 3 (3), the accreditation body will pass a decision to refuse to issue a certificate attesting professional competence to the applicant.

(7) A certificate attesting professional competence shall be valid for two years.

(8) The scope of the professional competence of a competent measurer can be modified during the validity of a certificate attesting competence based on the application submitted by the competent measurer as specified in subsection 3 (1), as a result of an assessment or extraordinary assessment as provided for in § 6 which is carried out by the accreditation body.

§ 5. Manner of attesting competence of measurer who has been declared professionally competent

(1) A competent measurer shall use the following sentence while performing measurement tasks and in a measurement record: “Professionally competent measurer, EAK No. EXXX” where “XXX” indicates the number of the certificate attesting professional competence, and shall refer to the tests or measurements for which his or her competence has been attested.

(2) Upon expiry, suspension or revocation of the certificate attesting professional competence, the measurer shall immediately discontinue making any references to the certificate.

§ 6. Extraordinary assessment of competent measurer

In case of reasonable doubt, the accreditation body carries out an extraordinary assessment to verify the compliance of a competent measurer with the criteria set out in § 2.

§ 7. Suspension and revocation of certificate attesting professional competence

If a measurer who has received professional competence no longer complies with the requirements provided for in this Regulation, the accreditation body shall revoke the measurer’s certificate attesting professional competence, or suspend it until receiving evidence demonstrating that noncompliance has been eliminated.

§ 8. Entry into force of Regulation

The Regulation enters into force on 1 January 2019.