Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    QUICK GUIDE TO HEALTH AND SAFETY REFORM PROGRAMME

    HSE timetable for inspection charging arrangements now made clear

    In June 2010 the Prime Minister appointed the Rt Hon Lord Young of Graffham as Adviser to the Prime Minister on health and safety law and practice.

    For those who may have lost track of developments since this appointment – the subsequent reports, recommendations and updates are now convieniently summarised on the DWP website. One key aspect (see below) of the reform not mentioned in the updates concerns “cost recovery for breaches of the law”.

    We can now report that HSE will conducting a consultation during July 2011 on how the charging regime will operate with implementation planned from April 2012.

    Cost of dealing with “serious material breaches” to be recovered

    “The government believes that it is reasonable that businesses that are found to be in serious breach of health and safety law – rather than the taxpayer – should bear the related costs incurred by the regulator in helping them put things right. A cost recovery principle will provide a deterrent to those who would otherwise fail to meet their obligations and a level playing field for those who do.

    It is proposed that HSE will recover all of the costs of an inspection/investigation at which a serious, material breach in standards is diagnosed and a requirement to rectify is formally made, together with the cost of any follow-up work.

    Businesses that are in compliance with the law will not be liable for any kind of charge as a result of an HSE inspection and there will be no recovery in relation to purely technical breaches. An appeal system will be operated by HSE in relation to any disputes over cost recovery.” Ref: Good Health and Safety, Good for Everyone March 2011

    Comment

    Inspection and investigation cost recovery may be seen as simply an extension of the current regulator practice of securing full costs following legal proceedings. However, the ‘gateway’ for cost recovery, short of legal proceedings, may be less straightforward.

    The consultation will need to consider, inter alia: what is a ‘serious material breach’; what is a ‘formal requirement to rectify’ – does this include a letter; what impact will the policy have on Inspector propensity to take formal action; how much time will be taken up by appeals; what impact will the policy have on standards of safety and how will it affect relations between the regulator and the regulated?

    The forthcoming consultation will provide a opportunity to consider these and other issues.

    Latest Construction Health and Safety News

    HSE ENFORCEMENT DATABASE LATEST UPDATE

    hselogo1View current online register of HSE prosecutions and enforcement notices

    Read the rest of this article »

    Posted on 19th June 2019

    PRISON SENTENCE FOR IGNORING HSE PROHIBITION

    Roofing contractor sentenced over unsafe working at height

    Read the rest of this article »

    Posted on 15th June 2019

    FIRM FAILED ON SILICA RISK MANAGEMENT

    Dust exhaust ventilation, RPE and health surveillance all absent

    Read the rest of this article »

    Posted on 14th June 2019

    WOMAN DIED TRAPPED IN POWERED ROLLER DOOR

    Firm did not check the operation of the safety sensors

    Read the rest of this article »

    Posted on 12th June 2019

    HSE TO HELP DITCH ‘UNNECESSARY PAPERWORK’

    Board considers forthcoming HSE guidance on navigating H&S rules

    Read the rest of this article »

    Posted on 12th June 2019

    SCAFFOLDER DIED IN FALL THROUGH FRAGILE ROOF

    Contractor given prison term and main contractor fined

    Read the rest of this article »

    Posted on 12th June 2019

    ENERGY BUSINESS FINED OVER LIFTING FATALITY

    Firm failed to train in lorry mounted crane remote control risk

    Read the rest of this article »

    Posted on 12th June 2019

    MAJOR FIRM FINED £800K OVER LIFTING ERRORS

    Workman injured by falling heavy expanded polystyrene block

    Read the rest of this article »

    Posted on 7th June 2019

    NEW APPROACH TO HIGHWAYS HEALTH AND SAFETY

    Highways England launches ‘Home Safe and Well’ strategy

    Read the rest of this article »

    Posted on 5th June 2019

    EXCLUSION ZONE ABSENT DURING LIFTING OPERATION

    Builder given prison term after timber falls on three year old girl

    Read the rest of this article »

    Posted on 5th June 2019

    GAS FITTER JAILED OVER UNSAFE WORK

    Homeowners misled and put at risk by rogue gas fitter

    Read the rest of this article »

    Posted on 5th June 2019

    CDM 2015 CLIENT FINED OVER ASBESTOS FAILINGS

    Homes development company and director fined

    Read the rest of this article »

    Posted on 4th June 2019

    CONSTRUCTION PROJECT FATALITIES FALLING

    HSE fatality records for 2018/19 indicate significant reduction in deaths

    Read the rest of this article »

    Posted on 4th June 2019

    ALERT: REINFORCED AERATED CONCRETE PLANKS

    Structural Safety body issues alert over recent failure

    Read the rest of this article »

    Posted on 3rd June 2019

    HSE CONSTRUCTION HEALTH RISKS INITIATIVE 2019

    Regulator visits to focus on asbestos, RCS, wood and other dusts

    Read the rest of this article »

    Posted on 3rd June 2019

    TWO DEFENDANTS HANDED PRISON TERMS OVER FALL

    Company, two directors and contractor sentenced

    Read the rest of this article »

    Posted on 3rd June 2019

    WORKMAN INJURED WHEN STEEL FELL FROM FORKLIFT

    Lifting not properly planned, supervised and carried out safely

    Read the rest of this article »

    Posted on 1st June 2019

    LOLER INSPECTIONS LATE AND RESULTS IGNORED

    Granite supplier failed to inspect lifting equipment and take action

    Read the rest of this article »

    Posted on 31st May 2019

    SUPPLIER OF FLOORING ADHESIVE FINED £500,000

    Floor layer died after being overcome by dichloromethane vapour

    Read the rest of this article »

    Posted on 30th May 2019

    WALL COLLAPSED ON DOMESTIC PROJECT CLIENT

    Sole trader builder sentenced to 120 hours community service

    Read the rest of this article »

    Posted on 27th May 2019

    CONCRETE PUMP FLAILING LINE CAUSED DEATH

    Hose whipped violently when blockage cleared under pressure

    Read the rest of this article »

    Posted on 27th May 2019

    FRAGILE ROOF FALL DEATH ATTRACTS NOMINAL FINE

    Volunteer fell through roof of football club stand

    Read the rest of this article »

    Posted on 27th May 2019

    FARMER FINED OVER FATAL FALL THROUGH ROOF

    Valley gutter cleaning from ladder ends in death of contractor

    Read the rest of this article »

    Posted on 20th May 2019

    FIRM FAILED TO ‘ENGAGE’ WITH HSE INSPECTORS

    Company and director omitted to take action on Improvement Notices

    Read the rest of this article »

    Posted on 20th May 2019

    HOME BUILDER FAILED TO MANAGE STEEL INSTALL

    Workman struck by steel beam and seriously injured

    Read the rest of this article »

    Posted on 20th May 2019
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    One Response to “QUICK GUIDE TO HEALTH AND SAFETY REFORM PROGRAMME”

    1. REVIEW OF CDM REGULATIONS RESEARCH PUBLISHED | PP Construction Safety News Desk Says:

      […] greater clarity and simplicity. This will be further driven by the current Government Löfstedt review of health and safety legislation and the Red Tape […]