Uniform Housing Standard Set of standards

Transcription

1 Uniform Housing Standard Set of standards 1. Space and Privacy Standard Qualification Comments 1.1 The administration of the prospect must provide for a current overview of the housing locations and corresponding number of residents. This current overview of housing locations and persons per location must be available to the auditor on-site. 1.2 Permitted types of accommodation: a. normal dwelling b. hotel/pension c. residential units in building complex d. chalets/housing units e. housing in recreational ground f. other*/ ** Residents must have a minimum of 10m2 of enclosed living space per person - Residents of normal dwellings (a) and residential units (c) must have a minimum of 12m2 of usable area * Other types of housing are possible, provided a municipal permit is in place, it is directly related to the nature of the work and this exemption has been listed in the register. This category of housing types must furthermore be related to work carried out for a limited period of time and not take place in the period 1 November - 1 April (seasonal work). In this situation, information about the relevant housing will have been provided to the employees in advance. Non-compliance may result in a fine. In the event of a fine, the relevant municipality is notified. ** Parties affiliated to the ABU (Federation of Private Employment Agencies) collective agreement for Temporary Workers will exclude housing type other in the ABU collective agreement for Temporary Workers. 12m2 of usable area applies to types of accommodation a. and c. 1.4 During the audit, it is checked whether actual occupancy matches the administrative records.

2 2. Sanitary facilities, Safety and Hygiene Standard Qualification Comments 2.1 There must be a minimum of 1 toilet for every 8 persons 2.2 There must be a minimum of 1 shower for every 8 persons 2.3 Safety and hygiene are to be assessed by the auditor Minor or The auditor determines whether it concerns a Minor or offence. He or she takes at least the following into account: - Safety and hygiene must be guaranteed for all spaces in the residential location. Visible overload of the power grid must be checked (e.g. outlet multipliers and hot plates) - Hygiene in and around the residential location must be clearly guaranteed - The lighting and power supply in wet areas (a.) must fully meet the IP44 standard, (b.) be splash-proof and (c.) suitable for use in wet areas. It is further recommended that the wet areas are properly ventilated. This can either be through natural ventilation or by means of a mechanical system. - Formation of mould in the bathrooms and/or kitchens - Circumstances that can cause hazardous situations or injury must be prevented. 2.4 Central heating, gas heater and water heater must be demonstrably inspected every two years. The inspections must be carried out by a certified company or individual.

3 3. Provisions Standard Qualification Comments 3.1 Refrigerator(s), 30 litres of cooling/freezing space per person Minor 3.2 Cooking ring(s), minimum of 4, in the event of more than 8 persons, 1 ring for every 2 persons, if more than 30 persons a minimum of 16 rings. 4. Information provision and other requirements Standard Qualification Comments 4.1 The information sheet must be in the national language and at least list the following telephone numbers: - own aid worker - regional police - fire brigade (in life-threatening situations) - concise house and behavioural rules in the national language of the residents - evacuation plan and emergency procedure 4.2 The information sheet must be visible in a central place in the residential location 4.3 If the auditor comes across locked bedrooms, he/she may decide to order a re-audit of the location. The auditor must be able to form a proper picture of the housing location as a whole. 4.4 It must be possible to contact someone 24/7 in the event of an emergency. The contact details of the (internal or external) manager must also be listed on the information sheet, so that it can be shown to any municipal inspector. Minor

4 5.1 Binding obligation to provide Fire Safety information and recommendations The Audit Institution (AI) informs the audited company of the applicable obligations with regard to the Occupancy Decree (Building Occupants (Fire Safety) Decree) and advises to ensure the housing conforms to this decree, insofar as it does not already do so. For this, the AI states the option of arranging a Bed-for-Bed scheme with the local authorities. As part of the information provision and advice, the AI will use the overview of Appendix IV. 5.2 Fire safety Standard Qualification Comments Fire extinguisher - the fire extinguisher(s) has/ have been inspected and inspections are not overdue - a total of 6 litres of fire extinguishing agent are present - user instructions are printed on the fire extinguisher - a fire extinguisher is present within 5 metres of the cooking area Fire blanket (held within the cooking area) Smoke and CO alarms are working and fitted in the prescribed locations. The inspections must be carried out by a certified company or individual. 5.3 Fire safety - notification to the municipality In the event of a serious breach of fire safety regulations, the Certifying Institution must report this location to the municipality where the housing is located, as well as demand that the company remedy the situation within the shortest possible time.

5 Recommendations In addition to the applicable standards, the quality mark prospects are given a set of recommendations which they can implement at their discretion. These recommendations concern the following subjects: - Drawing up a smoking, drinking and drugs policy - Drawing up a policy in the field of order and tidiness in and around the housing location - The cooking area has an oven or microwave - The housing takes into account the privacy of the residents, and privacy regulations are in place

6 Uniform Housing Standard - Audit method Subject Implementation Comments Scope Housing companies and employers which (aim to) temporarily house migrant workers can qualify for the housing quality mark. In order to secure proper employment practices, a company, which at the same time is an employer, must demonstrate that it complies with the applicable collective agreement. In order to secure proper employment practices, companies that are subject to the ABU collective agreement for Temporary Workers (Article 2) and/or the NBBU (Dutch Association of Intermediary Organisations and Temporary Employment Agencies) collective agreement for Temporary Workers (Article. 1), the following conditions apply (a.) they are registered in the basic register of the SNA (Labour Standards Associations) and (b.) demonstrably implement the collective agreement for Temporary Workers, correctly and fully. All this must be evidenced through memberships of ABU, NBBU and VIA (Association of International Employment Officers), on account of the applicable audit method. Employment agencies not affiliated to a trade association may produce a positive audit result with similar guarantees, demonstrating that they comply with the collective agreement in order to qualify. Employment agencies that are subject to the collective agreement for the Meat Industry can demonstrate proper employment practices by means of the NEN quality mark, as described in Article 57 of the collective agreement for the Meat Industry. Audit Institutions Periodic Audit Random check The Chamber of Commerce number of the company is leading in the audit. The standards will be audited by an independent Audit Institution (AI). Every organisation that wants to have the standards audited can apply. For this, they will have to meet a uniform, applicable set of requirements. This creates a choice for the prospects. The prospects are free to decide by which AI they wish to be audited. The departure point is to check the housing standards and the collective agreement, where applicable for employment agencies, at least once every year. The AI will carry out a random check from the housing list as apparent from the administrative audit (standard 1.1). The A set of requirements will be drawn up, which the AIs have to meet. At least the following elements must be included in this set: - independence of the AI - training and education of the auditors - Audits of the AIs serve as a guarantee of a uniform application and corresponding certificate.

7 Timing Bonus-malus Urgent audit Audit per type of housing sampling scope will be determined on the basis of the number of locations apparent from the administrative records. The following graduated scale applies: locations: 20% at least 2 locations locations: 30% locations: 25% locations: 20% locations: 20% no more than > 100 locations: 15% The company is notified of which locations will be included in the random check and as such which will be audited, 24 hours in advance. Positive audit results will have an effect on subsequent audits. If a company is audited with a positive result, fewer locations will be audited in the subsequent year. The same applies in reverse. If a company performs poorly, subsequent audits will involve an increase in the sampling scope. The bonus-malus arrangement does not affect the frequency, but it does affect the percentage that applies to the sampling of the locations in the subsequent year. The following methodology applies: - No non-conformities: the sampling percentage is reduced by 5%, subject to a minimum of 10% (in the first graduated scale, a minimum audit of 2 locations remains) - Only Minor offences: random check unaffected - 1/5 (20%) of the locations rejected ( deviation): random check unaffected - more than 1/5 (20%) of the locations rejected in the first audit: increase in the sampling percentage by 5% for the next periodic audit, subject to a maximum of 50%. NOTE. The percentage for the remedial audit remains the same as the percentage applicable to the original audit. In the event of doubt about the locations of a quality mark holder, the register has the option of having an urgent audit carried out. In the event of good reasons to doubt, municipalities can ask the register to have an urgent audit carried out. Audit of locations in relation to type of housing A type of housing can consist of one or multiple units to be audited. - normal dwelling a single unit - hotel/pension a minimum of four units, at least ten percent - residential units in building complex a minimum of four units, at least ten percent - chalets/housing units a minimum of four units, at least ten percent - housing in recreational grounds a minimum of four units, at least ten percent

8 Qualification of the standards Decision tree Register Obligation to provide information and recommendations Duty to report With the standards, a distinction is made between and Minor offences and recommendations. Minor offences weigh less in the decision to award the quality mark. offences weigh more and are more decisive in awarding the quality mark. In addition to this, the prospects are given a set of recommendations, which they can implement at their discretion. The coordinating certifying organisation will use a decision tree that is decisive in awarding the housing quality mark. This decision tree describes the procedure in the event of any discrepancies found and how this affects the awarding/retention of the quality mark. The following decision tree is applied: - No discrepancies: the quality mark is awarded - Minor discrepancies only: the quality mark is awarded - 1/5 of the locations with one or more discrepancies: remedial letter - More than 1/5 of the locations with one or more discrepancies: re-audit A single register will be kept that lists all the quality mark holders. In accordance with standard 5.1, the AI, if applicable, will notify the company of the legally obliged occupancy notification or environmental occupancy (fire safety) permit and recommend the company: - to ensure that an occupancy notification has been made in respect of the housing and, where applicable, apply for an environmental occupancy (fire safety) permit - to transfer the housing to a Bed-for-Bed arrangement within the municipality where workers are housed. In the event the AI finds a housing to be in serious breach of fire safety regulations, it will notify the municipality where the housing is located. The overview of standards indicates the qualification of each individual standard.

9 Appendix III Uniform Housing Standard - Decision tree Six weeks after the audit, the Audit Institution (AI) will submit a report to the certifying institution. In this report, the AI advises which follow-up steps it deems appropriate. The certifying institution, on the basis of this decision tree, will make a decision on awarding the housing quality mark and inclusion in the register. If the report shows discrepancies, this decision tree will serve as a decision-making tool in respect of any sanctions. Three weeks after the audit, the AI will send a draft report to the audited company. The company has the option to appeal. The AI includes this appeal in the final report and the corresponding advice it submits to the certifying institute three weeks thereafter (after six weeks). This way, the applicant company is given three weeks to make any adjustments prior to the final report being drawn up. The following decision tree is applied: - No discrepancies: the quality mark is awarded - Minor discrepancies only: the quality mark is awarded - 1/5 of the locations with one or more discrepancies: remedial letter - More than 1/5 of the locations with one or more discrepancies: re-audit Description of the sanctions - Remedial letter Within four weeks, the quality mark prospect indicates, in writing, that the discrepancies have been adjusted or repaired. Any receipts of payment and other remedial evidence must be included therein. If the remedial letter is not received in due time or found to be unsatisfactory, it will automatically lead to a reaudit at the expense of the company. - Re-audit If the certifying institution orders a re-audit, 50% of the same and 50% of new locations will be audited. The number will be the same as the original number of locations audited. Based on this re-audit, the AI will once more submit an audit report to the certifying institution. The finalisation of this re-audit report again includes an appeal option, within the same term of three weeks. The re-audit report is finalised after six weeks. In the event of a (fire) hazard, the remedy must be completed within the shortest possible term. Suspension and loss of quality mark In the event that a re-audit results in the order of a new, second re-audit, the audited company will be temporarily suspended from the register. This is also visualised in the register. The company will also be suspended from the register in the event that a remedial letter is ordered which is not received or deemed to be unsatisfactory. Once the company has been suspended, it is given only a single opportunity to be re-audited. This will involve an entirely new random check, based on the most recent bonus-malus percentage of the company. If the company fails this audit too, it is permanently removed from the register.

10 Appendix IV - Obligation to provide information and recommendations under the Occupancy Decree In some situations, the owner / landlord has a legal obligation to submit an occupancy notification to the municipality in respect of the use of the dwelling made available by him or her for room-to-room letting and/or hotel function or be in the possession of an environmental occupancy (fire safety) permit. This can be to house migrant workers, among other things. Depending on the number of residents at a single location or the allocation plan, this occupancy notification must have been submitted or an environmental occupancy (fire safety) permit must have been issued. The Audit Institution will check with the audited company whether this occupancy notification has been submitted or whether the environmental occupancy (fire safety) permit has been issued. Based on the result, the auditor will notify the company. The following diagram will be leading therein for the auditor. Obligation to provide information & recommendations The Audit Institution decides which of the following situations applies to the audited location. # persons Type of accommodation Obligatory occupancy notification Obligatory environmental occupancy (fire safety) permit 4 persons a, c & d (if used for residential purposes) No No > 4 persons a, c & d (if used for residential purposes) Yes No > 10 persons a, c & d (if used for residential purposes) No Yes The AI advises the company on the basis of the diagram. If this is not the case, the AI will notify the company of the occupancy notification and/or environmental occupancy (fire safety) permit and the applicable legal obligation. This obligation to provide information does in any case include - The information sheet Occupancy Decree, national uniformisation of the Building Occupants (fire safety) regulations, including open land and sites - The information sheet Occupancy Decree; the occupancy permit and the occupancy notification - The information sheet Occupancy Decree and room-to-room letting The AI will recommend the company in writing (a.) to submit the occupancy notification to the municipality after all or to apply for an environmental occupancy (fire safety) permit with the municipality and (b.) to report to the municipality for the possibility of a Bed-for-Bed arrangement. Further information on this Bed-for-Bed scheme can be found on the website of Expertisecentrum Flexwonen voor Arbeidsmigranten (