db - as per post #6, while there isn't a specific reg within LOLER that has the heading 'testing' the ACoP to LOLER does 'talk about' testing and arguably Reg 9 (1), (2), (3) on TE does include the requirement to test WHERE APPROPRIATE as per the interpretation in Reg 2. However, I don't think that this particular issue is worth a great deal more debate, but people should be aware that a test may very well be an appropriate and integral part of a TE depending on the circumstances, and that IS contained within the Reg 9 albeit in a round about way as well as the ACoP.
I really think we are all pretty much on the same side here. Whether we have had to look for a severed head or not, many of us have had to pick up the pieces from various H&S failures, involving all sorts of equipment, substances and processes, and similarly most of us are in the job for the very reason of trying to avoid those failures that have the potential to lead to such catastrophic outcomes. What I was trying to do was to introduce a sense of proportion into the debate, both in terms of the risks associated with different types of LOLER kit and the potential liabilities arising out of a failure of the same.
I think we all appreciate that a 'failure' whether LOLER related or otherwise, may result in a significant injury/fatality and subsequently proportionate enforcement action/prosecution, which I agree may lead to 'life'/unlimited fine, and I don't doubt that many LOLER operation have great potential for that. But as we all know, not all failures end up with such a significant outcome in terms of injury or legal consequence, and would argue that the majority don't.
The risks etc etc associated with a tower crane, a trolley jack and the bin lift on the back of a refuse lorry, all of which come under LOLER, have significantly different risks associated with them and in fairness I think you will agree would have significantly different maintenance and TE requirements and that the competency requirements, and therefore training, experience atc atc would be similarly different.
As I said before, I was just trying to inject a sense of proportion into the debate rather than a '2012 scenario'. The point is that you can't 'broad brush' LOLER, but rather you need to approach it in such as way that is proportional to the risks associated with your kit, your type of operations etc. in the same way as we would approach the risks of other equipment, substances and processes.
To go back to Luke’s original questions. Yes he can do in house TEs and issue certs, IF he is competent to do so, but do heed 'warning' about the examiner having sufficient authority and independence as there is, as he has identified a potential conflict of interests as such. I would assume that a certificate including the information in Schedule 1 would be 'compliant'.
The competency issued has been debated on here many times, and is something for the employer to satisfy 'himself' of depending on the circumstances.
Can I throw UKAS into the debate :-)
MODS - why does this time out EVEN when you are composing a long response? Grrrrrrrrrrrrrrrrrrrrr
Ramble over!