I would appreciate some clarification as to whether maintenance companies are able to undertake statutory inspections on items of plant and equipment (eg. lifting gear, compressors, forklift trucks, LEV). At present, this equipment is inspected by an insurance company under an engineering inspection contract. The various regulations stipulate that inspections must be undertaken by a 'competent person' and the appropriate definition of a 'competent person' is provided. Is there any reason why the maintenance companies could not fulfil this function if a competent person(s) is undertaking the inspections? Surely, there must be a conflict of interest? I would appreciate your views as I am unsure what course of action to recommend.

Pack - the 'statutory' simply means they have to be undertaken to comply with the legislation. Who does them is up to the employer and your point about competence is correct. In reality the insurers will do this because they want to limit liability (which they will ultimatly pay for out of profit). The insurers amy stipulate independent check (for a variety of reasons) but it is not governed by the statute. Insurance companies have now grown into providing such services to non insured clients as a business sideline. In essence it is a conversation between the insurer and client/employer as to who does them (so long as the competency is sustained), in some cases they may be duplicated as a result to negate the confict issue, or on insistance for ful liability transfer. But to answer your Q; legally there is nothing wrong with the maintenance company doing them themselves. Consider a garage -if they are a licensed MOT centre they can inspect and certify their own vehicles. Surety Steve

Hi It is perfectly OK for your maintenance people to carry out the inspection but HSE will insist that the person doing the maintenance must not be the one doing the inspection. This is is create some independence in the process. Take care John C