Posted By Marcus Thompson I have recently been informed by our insurers agents that the HSE has told another client of theirs that it is not acceptable to have inspections carried out by the company who undertakes the annual maintenance as it constitutes a conflict of interest. Is this true? Marcus Thompson

Posted By Peter Lee Marcus, I wont quote chapter and verse but there is a guidance note 9 on page 45 of LOLER that talks about independence and impartiality. As you know guidance is purely guidance not enforceable.

Posted By Marcus Thompson Thanks to you all for the responses. Later that day when I posted this thread, I managed to hunt out a HSE leaflet INDG339 - 'Simple guidance for lift owners' which also confirmed what you have said. Cheers. Marcus

Posted By Bryn Maidment I can accept the reasons for keeping these two important functions seperate, however, on occasions you may be faced with little choice but to have the same provider. Lifts - no argument. In a new extension at my hospital a major lift installer commissioned & handed over what I can only describe as a mess. Luckily, having an independant insurance inspection, the list of faults was picked up. Had they been one and the same function who knows what would have happened. A different example is patient hoists. We cannot find a manufacturer who will provide inspection services for other makes of hoist. So our manufacturer (beginning with 'A'!) does annual servicing under contract and also LOLER checks. There is a degree of trust involved in this arrangement and I'm sure we could be criticised but we have little choice. This arrangement is similar in nature to the CDM Regs. Can the Client also be the Planning Supervisor? Potential conflict of interest there but a number of organisations, including quite a few LAs, wear both hats successfully, albeit with a fair degree of organisational seperation.