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.
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