Issue: The principal role of a technical advisor is to help providers become aware of nationally accepted standards of good practice so that providers are able to make appropriately informed management decisions.
1. Technical advisors should always confine themselves to what they know. Moreover, they should never exceed the remit of their qualifications. Generally they should avoid the obscure, unusual or suspicious and keep to the normal, everyday practices which are nationally accepted by their peers.
2. The unusual or unconventional may best be left to specialist consultants (who have the expertise, insurance and professional back-up to support them).
3. Technical advisors will generally satisfy each of the following:
4. The system is oriented in the direction of the NGB Guidance Matrix in L77. However, other appropriately experienced individuals may be suitable for some functions of a technical advisor. For example, a mining engineer may well be perfectly appropriate to advise on the safety of a disused mine used for exploration.
5. It is important that technical advisors differentiate between making decisions for the provider and supplying sufficient information on good practice to allow the provider to make appropriately informed decisions themselves. Commonly, the role of technical advisors may include:
6. In some cases (e.g. when verifying competence) a technical advisor may be asked to give a written statement, i.e. to ratify the individual’s competence. This should include what was observed, and the limits of what can be assumed as a result.
7. There is no requirement for technical advisors to carry insurance for this role and there is certainly no need to carry it just to be nominated. Moreover there are no grounds on which to sue a technical advisor for giving normal everyday advice which is consistent with what the NGB and/or the technical advisor’s peers would have given in the same circumstances. At the other extreme anyone venturing into obscure or unconventional areas of work would be advised to explore professional indemnity insurance.
8. However, technical advisors who carry out work on a freelance basis for a provider may consider it appropriate to have their own insurance (including person accident, public liability and professional indemnity, as appropriate) or to obtain evidence that they are covered by the provider's insurance.
9. It is not the technical advisor’s responsibility to ensure that advice given is followed. The role is an advisory one not regulatory one.
10. The provider must nominate at least one technical advisor for each activity. Being nominated carries with it no responsibility other than agreeing to consider offering advice if requested. This person (or persons) could be:
11. There is no need for providers to encourage externally consulted technical advisors to carry out tasks which could be carried out perfectly well in-house by competent employees (for example, most instructional qualifications cover inspecting equipment and ensuring that it is suitable).
12. The provider is not constrained to use only their nominated technical advisor. On each occasion they should feel free to use the most appropriate person for the job provided they meet the requirements of a technical advisor.
13. Providers are also responsible for:
14. The provider will have been made aware of normal good practice and therefore if they fail to follow it they can not claim ignorance.
15. The Provider should always carry the ultimate responsibility.
