Five questions for NEN 4400-1 inspectors

The five most frequently asked questions to our NEN 4400-1 inspectors

An inspection can be an exciting time for a company. Especially if it is a first inspection. By being clear and transparent, we as an inspection body can hopefully relieve some of that tension. Therefore, in this article you will read the answer to the five most frequently asked questions to our NEN 4400-1 inspectors.

Question 1: "It was always good and now I get a deviation, how is this possible?"

We do not record a deviation just like that, but with the aim of ensuring that the quality of your administration becomes even better and to reduce various risks. As inspectors, we deal with the matter on a daily basis, especially with the standards and interpretations thereof. For us it's a matter of course, but the laws and regulations are constantly changing. Entrepreneurs sometimes overlook these changes. After all, standards change regularly. A standard article may disappear, but it is also possible that a new standard article replaces it that was not tested in the past. The new or amended article could lead to a deviation.

It also happens that a standard article has not been changed, but due to amended laws and regulations or rulings in the legal or tax field, there has been a difference in interpretation. As soon as the difference in interpretation has been discussed during a harmonization meeting* and there is a clear explanation of the standard article, it is possible that the way of assessment will change and you will receive a deviation from a standard article that was approved in the past.

*A harmonization consultation is a consultation to discuss possible bottlenecks / interpretation issues that have arisen from the inspections based on the NEN 4400-1, NEN 4400-2 and/or the current Manual of Standards in order to then arrive at an unambiguous position.

Question 2: "What about zzp'ers and the NEN standards?"

We find that there is a lot of confusion about this among companies. The standard articles around zzp'ers have changed frequently in recent years, while the legislation around zzp'ers (Wet deregulering beoordeling arbeidsrelaties) has remained virtually the same.

Following on from this, we often hear, "Why is the standard stricter than the law?" In this case, the law is the lower limit you have to meet in order to carry the label. In addition, the Stichting Normering Arbeid (SNA) wants to distinguish itself from the law and build in more certainty regarding chain and hirer liability. For that reason, some standard articles have been introduced that are stricter than (the implementation and/or enforcement of) the law. In order to properly arrange the administration around the zzp'ers for the NEN standards, you may therefore have to meet stricter requirements.

Question 3: "Did I pass?"

After the inspection is completed, the question often comes up: did I pass it? If it is a first inspection for the company, then the inspector can indeed say at that point whether the company has passed and will be included in the register in the near future. However, the inspector will make a reservation in the context of the four-eye principle. Each inspection is reviewed by a colleague.

If it concerns a company that is already certified, the situation is slightly different. It is certified until we report to the SNA that a company no longer meets the requirements. This is preceded by a whole process. First, a regular inspection takes place and if certain deviations emerge from this, the company is given the opportunity to rectify these within the specified period. If this correction is not or not correctly made, this can lead to a suspension in the register. If subsequent corrections are again not carried out correctly, this may eventually lead to removal from the register.

Question 4: "How long will the inspection take?"

Based on the scope and complexity of the inspection and the speed and completeness of the delivery of requested documents, the time frame is determined. This cannot always be determined unequivocally at the start of the inspection. During the day it will become clear whether or not there are any particularities that require extra time and attention. In principle, we are not finished with an inspection until we have received all the underlying documents needed to make a good judgment, have reviewed these documents and have incorporated them into our file. Sometimes it goes faster and other times it takes a little longer. For example, when an "error" is found, the sample should be expanded with the goal of determining whether the error in question is an incident (and therefore not an anomaly) or whether it occurs more frequently and is therefore an anomaly.

Question 5: "How can I be sure that my data will not fall into the wrong hands, now that inspections are being conducted remotely (due to corona) and I have to send everything?"

Prior to the inspection, the inspector will send you a link to a secure and protected SharePoint environment. This is an environment that only you and the inspector have access to. Furthermore, this environment has a recognized security certificate and thus meets strict security requirements. By using SharePoint, we also prevent Personal Data from being shared through emails. Furthermore, the inspector may not store any special personal data, such as BSN numbers, in your file. This is tested again by a reviewer after an inspection and is part of our internal audits. With this, we maintain the four-eye principle at all times, thus complying with AVG legislation and confidentiality.

As soon as the inspection is completed and the inspection report is sent to the SNA, the inspector will empty the SharePoint environment. This may make it seem like we are asking for your data again with every inspection, but this is partly due to the AVG legislation and the requirements from the standard.