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Conflicts of Interest

 
QEI SERVICES POLICY ON CONFLICTS OF INTEREST

Each individual acting for or in the name of QEI Services LLC. as QEI certified Inspector or Inspection Supervisor for an Authority having jurisdiction (AHJ) is in a position of trust.  Particularly since QEI Services LLC. holds as paramount the safety, health, and welfare of the general public, each such individual has a fundamental responsibility to exercise impartial professional judgment to enhance the QEI-1 elevator inspection profession in the public interest.  This QEI Services LLC. policy is intended to further assure the fairness, independence, objectivity, and public confidence in the integrity of all QEI Services LLC. and QEI-1 activities, by establishing guidelines and procedures concerning conflicts of interest.  It is acknowledged and understood that competent and knowledgeable individuals of recognized abilities, qualifications, and interest who participate in QEI-1 activities may have potential conflicts of interest.  This QEI Services LLC. Policy establishes guidelines and procedures to enable such individuals to act ethically and to uphold the integrity of QEI Services LLC. policies, rules, codes, and standards.
 
Policy
(a)  The potential for a conflict of interest exists whenever a person owes loyalty to multiple interests or organizations.  Having different interests or loyalties does not constitute a conflict of interest when the action desired by each interest is the same.  The situation may be described as community interest.
 
(b)  A conflict of interest occurs when loyalty to one interest would impel a course of action different from that impelled by another interest.  For example, while acting on behalf of an Authority Having Jurisdiction (AHJ), a QEI inspector may consider a matter that directly affects the specific rather than the collective interests of the individual’s employer, association, affiliation, or a competitor of the employer, association, or affiliation.
 
Where an individual may be under an obligation not to report in a fair, objective, and independent manner due to his/her membership, affiliation, or employment with another organization or company having policies, rules, directives, bylaws, agreements, or procedures that prohibit fair, objective, and independent reporting, a conflict of interest would exist.  For example, if an individual performing an inspection would be influenced because of a directive from his/her supervisor or he/she inspecting equipment on which he/she works, a fellow employee works, or on which a competitor works, a conflict of interest would arise.
In such instances, there could be a conflict of interest between exercise of the inspector’s independent professional judgment on behalf of QEI Services LLC., the Authority Having Jurisdiction (AHJ), and the public, and the  individual’s loyalties and responsibilities to his/her employer, association, or another entity.
 
(c)  It is the duty of the QEI inspector acting for or on behalf of the Authority Having Jurisdiction (AHJ) to be aware of the possibility of a conflict of interest between their responsibilities to the Authority Having Jurisdiction (AHJ) and the public on the one hand, and to their employer or another entity on the other.  All QEI inspectors have a fundamental responsibility to refrain from participating in QEI or compliance inspections when a competing interest precludes or inhibits the exercise of the QEI inspector’s independent professional judgment on behalf of QEI Services LLC., or the Authority Having Jurisdiction (AHJ), or when the nature of the competing interest is such that the inspector’s continued activity would unreasonably jeopardize the integrity, independence, or fairness of the inspection.
 
Responsibilities
(a)  Individual  Responsibilities.  In instances where it is clear to individual QEI inspectors that their judgment with respect to the conducting of fair, objective, and independent inspections is controlled by their loyalty to a competing interest, they should disqualify themselves and refrain from participating in the activities regarding the conflict-affected matter.
 
In instances where individual QEI inspectors and Inspection Supervisors believe that there may be the appearance of a conflict of interest, as in (c) above, although they believe that their judgment will not be affected by a competing interest, the QEI inspectors and inspection supervisors should nevertheless avail themselves of at least one of the following consultative courses of action:
 
(1)  Advise QEI Services of the potential conflict and the details creating the condition.  Allow QEI Services to determine the appropriate course of action within the organization’s operating procedures or bylaws and establish limitations, if required, to mitigate the potential results of the conflict.
 
(2)  Advise the Authority Having Jurisdiction (AHJ), employer, or contractor for which the inspector is performing the inspections of the potential conflict and the details creating the condition.  Allow the relevant party to determine the appropriate course of action establish limitations, if required, to mitigate the potential results of the conflict.
 
Implementation
Individual QEI Inspectors and Inspection Supervisors have the primary responsibility for assuring their adherence to this QEI Services Policy.  Nonetheless, given the sensitive nature of these considerations and in the interest of QEI Services LLC. in preserving its integrity of its reputation and processes, QEI Services LLC. retains responsibility for oversight in this area.  QEI Services LLC. shall have authority to review questions of conflicts of interest and to render opinions thereon.  The QEI Services Dispute Resolution Team may authorize the Vice President of QEI Services LLC. to issue a letter of warning or admonishment to persons who violate this policy and refer the matter to the President of QEI Services LLC. for processing as an ethics complaint under the Code of Ethics (Conduct) Policy.  A decision of QEI Services LLC. shall be binding, and final if a letter of warning or admonishment is the course of action.
 
QEI Services LLC. Staff.
The provisions of this policy apply to the QEI Services staff, as well as individuals acting on behalf of QEI Services LLC., as set forth above.
 
Notice
Each time an individual is certified to the QEI-1 standards by QEI Services LLC., the individual shall, at the time of certification, be sent a copy of this QEI Services Code of Ethics (Conduct) of Inspectors and Inspection Supervisors and Policy on Conflicts of Interest and are advised to adhere to the provisions of these policies and codes when performing the duties of a QEI Inspector or Inspection Supervisor.
 
Acceptance
Before receiving certification or renewing his/her certification, unless there is in QEI Services files a prior signed acceptance of this policy, each QEI Inspector or Inspection Supervisor shall sign, date, and return to QEI Services LLC.  a copy of QEI Services form APP20, stating acceptance of and adherence to the QEI Services LLC. Code of Ethic(s) of Inspectors and Inspection Supervisors and Policy on Conflicts of Interest.  If this statement is not on file, the member may not be certified.  Note that when the QEI Services LLC. Code of Ethics (Conduct) or Policy on Conflicts of Interest receives a substantive change as determined by QEI Services LLC., all persons required to have on file a signed acceptance of and adherence to these policies shall receive a copy of the revised documents and shall be required to sign, date, and return to QEI Services LLC., a new form APP20.
QEI Services shall perform an annual audit of this policy.  Should there be an occurrence where a member does not sign a QEI Services form APP20 stating acceptance of and adherence to the QEI Services Code of Ethics (Conduct) and Policy on Conflicts of Interest within 90 days, the Vice President
of QEI Services shall inform the member in writing that he/she is in violation of the acceptance provisions of the QEI Services Code of Ethics (Conduct) and Policy on Conflicts of Interest and may not continue as a QEI Certified Inspector or Inspection Supervisor. Such written notification shall be placed in the member’s record until the signed form APP20 is received.  When action is taken by the individual to comply with this policy, that individual will be certified or recertified provided all other requirements for certification or renewal are met.

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