Independence requirements for inspection bodies

Independence requirements for
inspection bodies
Katerina Bouranta
Physicist
MSc. Dynamics of Engineering Structures
Annex A Independence requirements
for inspection bodies
Type A
IB, to claim to be independent of the parties involved, shall demonstrate that it is not linked
to a separate legal entity engaged in design, manufacture, supply, installation, purchase,
ownership, use or maintenance of the items inspected by the following:
1.
2.
3.
4.
common ownership (except where the owners have no ability to influence the
outcome of an inspection), Note 1
common ownership appointees on the boards (or equivalent) of the organisations
(except where these have functions that have no influence on the outcome of an
inspection), Note 2
directly reporting to the same higher level of management (except where this
function has no influence on the outcome of an inspection), Note 3
contractual arrangements, informal understandings or other means that may have an
ability to influence the outcome of an inspection
Annex A Independence requirements
for inspection bodies
Note 1: Examples of this are:
A cooperative type of structure where there are large numbers of stakeholders but
they (individually or as a group) have no formal means of influencing the policies,
strategies or operation of the inspection body.
A holding company consisting of several separate legal entities (sister companies)
under a common mother company where neither the sister companies nor the
mother company can influence the outcome of an inspection.
Note 2: An example of this is where a bank financing a company may insist on an
appointee to the board to overview how the company is managed but will not be
involved in any decision-making.
Note 3: A management not having operational control (no executive power).
Annex A Independence requirements
for inspection bodies
Type A Annex A.1 b:
The inspection body concerned and its personnel shall
not be engaged in the design, manufacture, supply,
installation, purchase, ownership, use or maintenance
of the items inspected.
Annex A Independence requirements
for inspection bodies
Type A AnnexA.1.d):
Reference to linkages to separate legal entities
engaged in the design, manufacture, supply,
installation, purchase, ownership, use or maintenance
of the items inspected.
Such linkages include common owners and common
owners’ appointees on boards or equivalent.
These linkages are acceptable if persons involved do
not have the possibility to influence the outcome of an
inspection.
Annex A Independence requirements
for inspection bodies
Type A
In particular there exists a possibility to influence the outcome
of an inspection if the person has the ability to:
Influence the selection of inspectors for specific assignments
or customers, or
Influence decisions on conformity in specific inspection
assignments, or
Influence remuneration for individual inspectors, or
Influence remuneration for specific assignments or
customers, or
Initiate the use of alternative work practices for specific
assignments.
Annex A Independence requirements
for inspection bodies
A.2 TYPE B
The two characteristics by which inspection bodies can be
identified as Type B inspection bodies are the following:
 Type B inspection bodies form a demonstrably separate and
identifiable part (clear separation) of an organisation that is
involved in the design, manufacture, supply, installation, use or
maintenance of items that they inspect
 Type B inspection bodies supply inspection services only to their
parent organisation.
Annex A Independence requirements
for inspection bodies
TYPE B Annex A.2 c:
The inspection body concerned and its personnel shall
not be engaged in the design, manufacture, supply,
installation, use or maintenance of the items inspected.
Annex A Independence requirements
for inspection bodies
A.3 TYPE C
Type C inspection body need not be a separate part but
shall be identifiable within the organisation. A Type C
body may itself be the designer, manufacturer, supplier,
installer, user or maintainer of items that it inspects.
It may also supply other organisations with inspection of
items that are similar to those designed, manufactured,
supplied, installed, used or maintained by it or by its parent
organisation, and which may therefore be regarded as
competitive.
Annex A Independence requirements
for inspection bodies
A.3 TYPE C
The design/manufacture/supply/ installation/ servicing/
maintenance and the inspection of an entity carried out
by a Type C inspection body should not be undertaken
by the same person. An exception to this is where a
regulatory or other authoritative requirement explicitly
allows an individual person from a Type C inspection
body to undertake both the design/manufacture/supply
/ installation/ servicing/maintenance and the inspection
of an entity.