Turner Access Higher Safety Total Access
Total Access Ethentic Chipmunk Data
Chipmunk Data Turner Access Ethentic

NEW CHARGES PROPOSED FOR CDM 2007 NON-COMPLIANCE

HSE cost recovery plans set to change the construction safety landscape

Proposals have now been published for taking forward Government policy requiring HSE to impose charges on those found in breach of the CDM Regulations 2007 and other health and safety laws.

The new arrangements are contained in the Consultation Document seeking views on the proposed systems. The consultation period ends on 14th October 2011.

Charges for those in ‘material breach’ of law

The new ‘Fee for Intervention’ will be invoiced where there is a ‘material breach’ of health and safety law. A material breach is one which, in the opinion of the inspector, requires them to make a formal intervention. HSE will recover all of the costs of that intervention.

A formal intervention is where a requirement to rectify the breach is formally made in writing e.g. by enforcement notices, electronic mail or letter.

Those who are in compliance with requirements will pay nothing nor will those in ‘technical’ breach of the law i.e. a breach which, in the opinion of the inspector, does not require them to make a formal intervention. The proposals also exclude:

  • inspections and incident investigations by Local Authorities;
  • self-employed, unless they expose other people to risks; and
  • breaches by employees.
High five figure sums could be payable

Costs will be recovered from the start of the intervention during which the material breach was identified up to and including the point where intervention in relation to that breach had been concluded.

The costs will include all related follow-up interventions (e.g. site visits, phone calls), the provision of any specialist assistance, the costs of writing letters and reports plus the drafting and issuing of any enforcement notices.

An averaged hourly fee for intervention rate will be charged (estimated at £133) for all HSE staff involved in the interventions. This excludes the Health and Safety Laboratory specialist services (HSL) for which actual cost will be charged. The estimated averaged costs recovered are:

  • Inspection with no action – no costs;
  • Inspection with letter – approx £750;
  • Inspection with enforcement notice – approx £1500;
  • Investigations – appox £750 to tens of thousands of pounds.

The actual intervention costs will depend upon the particular circumstances and the complexity of the investigation required to follow all reasonable lines of enquiry

No change in enforcement policy and procedures

HSE has publicly available policies and practices setting out the principles that inspectors apply when deciding on the appropriate action to take in response to breaches of health and safety legislation. These will remain unchanged by the introduction of the cost recovery scheme.

There will a queries and disputes resolution procedure aimed at resolving all queries or disputes “promptly, fairly and in a transparent way”. The costs of handling disputes will be charged where the dispute is not upheld.

Clients, designers, CDM-Cs and contractors all at risk

The CDM Regulations 2007 imposes duties on a range of organisations.

When undertaking interventions e.g. inspections, investigations, enforcement or following up complaints, HSE will identify those CDM duty holders to whom fee for intervention applies and will seek to recover costs from them where they are in material breach of health and safety law.

Comment

These proposals represent a major departure from the current system under which HSE only recover costs in construction where legal proceedings are instituted. However, this is now the opportunity to influence the nature of the system imposed. Some immediate thoughts are:

  • HSE behaviour – there is no intention to change the behaviour of HSE Inspectors who should continue to exercise their discretion based on the facts and existing policies and procedures. However, in practice there is likely to be a complex interplay between the new charging system and the behaviour of HSE Inspectors, including some unanticipated consequences;
  • Exercise of discretion – the decision to charge will be based on the opinion of the Inspector that the breach is ‘material’ and that formal communication is ‘required’. HSE guidance to inspectors on the exercise of such discretion will come under close scrutiny, debate and ‘negotiation';
  • Diversion of resources – there is likely to be an impact on HSE/ Industry relationships and formal disputes may divert all parties from dealing with real safety issues. The time taken to recover costs from the recalcitrant end of the industry could be significant;
  • Costs imposed – the charges imposed on organisations may be substantial especially where the HSE intervention arises from a incident. There is no limit to costs or restriction based on the ability to pay;
  • Whistle blowing – complaints to HSE may rise, made by those who comply or those charged and concerned that others are ‘getting away with it’;
  • Project relationships – clients, designers and CDM-C’s will come under increasing scrutiny as contractors seek to point HSE further up the supply chain when matters go wrong on site;

The test of the system will be whether or not it improves the levels of compliance, risk and personal harm that currently arise on UK construction projects.

Latest Construction Health and Safety News

UPDATED SCAFFOLDING DESIGN E-GUIDE RELEASED

NASC launches enhanced TG20:13 eGuide scaffold design tool

Read the rest of this article »

Posted on 14th August 2017

NASC LAUNCH FREE TO DOWNLOAD GUIDANCE

Access and scaffolding guides now open to members and non-members

Read the rest of this article »

Posted on 14th August 2017

HSE ENFORCEMENT WEEKLY UPDATE 9th AUGUST 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 11th August 2017

NEW GUIDANCE ON UNINTENDED PLANT MOVEMENT

Industry Plant Safety Group highlights hazards and key control measures

Read the rest of this article »

Posted on 11th August 2017

SCAFFOLD COLLAPSE CAUSED BY LACK OF TIES

Falling structure narrowly misses passerby and lands on parked cars

Read the rest of this article »

Posted on 11th August 2017

HSE ENFORCEMENT WEEKLY UPDATE 2nd AUG 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 2nd August 2017

TRAINING IN CIRCULAR SAW USE FOUND WANTING

Joinery firm failures end in serious hand injury and £230,000 fine

Read the rest of this article »

Posted on 31st July 2017

HSE ENFORCEMENT WEEKLY UPDATE 26th JULY 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 31st July 2017

WALL COLLAPSE CLAIMED LIFE OF WORKMAN

Failed to identify risks associated with free standing walls

Read the rest of this article »

Posted on 31st July 2017

WORKMAN FELL DURING WELDING WORK AT HEIGHT

Ladder access to water tank top was insecure and slipped when used

Read the rest of this article »

Posted on 31st July 2017

CCTV INSTALLER FELL BETWEEN FLOOR JOISTS

Principal Contractor and CCTV specialist failed to plan and manage risk

Read the rest of this article »

Posted on 31st July 2017

FACTORY APPRENTICE FELL DURING GUTTER CLEANING

Young workman stepped back and fell 9m through fragile rooflight

Read the rest of this article »

Posted on 31st July 2017

CROSS RAIL JV CONTRACTORS FINED OVER FATALITY

Firm prosecuted after concrete fall death and two other tunnel incidents

Read the rest of this article »

Posted on 31st July 2017

CONTRACTORS FAILED TO REVIEW ASBESTOS SURVEY

Major companies fined £1,000,000 plus over asbestos risk during refurb

Read the rest of this article »

Posted on 31st July 2017

MAJOR CONTRACTORS LAUNCH H&S ALERT SYSTEM

Build UK members share information for effective prevention of harm

Read the rest of this article »

Posted on 19th July 2017

HSE ENFORCEMENT WEEKLY UPDATE 19th JULY 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 19th July 2017

STRUCTURAL SAFETY BODY LATEST NEWSLETTER

SCOSS publishes reports and expert comment on a range of issues

Read the rest of this article »

Posted on 18th July 2017

SAFE SYSTEM DEVISED BUT NOT IMPLEMENTED

Workman injured by goods falling from double-decked trailer

Read the rest of this article »

Posted on 18th July 2017

PREVENTION PLANNING REQUIRED FOR FRAGILE RISK

Fall arrest safety netting not used to mitigate fall consequences

Read the rest of this article »

Posted on 17th July 2017

MANAGEMENT OF FORMWORK NOT UP TO THE MARK

Erector fell 3m after access scaffold board failed under load

Read the rest of this article »

Posted on 17th July 2017

VIBRATION UNCONTROLLED & WORKERS UNINFORMED

Engineering firm fined £120,000 over hand-arm vibration risk

Read the rest of this article »

Posted on 14th July 2017

HSE ENFORCEMENT WEEKLY UPDATE 12th JULY 2017

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 12th July 2017

SCAFFOLDER WAS UNTRAINED AND UNSUPERVISED

Contractor and director failed to train injured workman to CISRC scheme

Read the rest of this article »

Posted on 10th July 2017

WORKPLACE MANSLAUGHTER OUTCOMES SET TO RISE

Guidelines target gross negligence with serious disregard and cost-cutting

Read the rest of this article »

Posted on 7th July 2017

WORKMAN BURNT CLEANING WITH FLAMMABLE LIQUIDS

Flammable substance and unprotected electrical equipment trigger flash fire

Read the rest of this article »

Posted on 7th July 2017
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access

7 Responses to “NEW CHARGES PROPOSED FOR CDM 2007 NON-COMPLIANCE”

  1. PUBLIC RISK PROMPTS PRE-EMPTIVE PROSECUTION | PP Construction Safety News Desk Says:

    […] smaller high risk work where the majority of deaths now occur. The proposals for charging those in breach may provide a further incentive in that such non-compliance could cost […]

  2. HSE INSPECTORS OPPOSE ‘FEE FOR INTERVENTION’ PROPOSALS | PP Construction Safety News Desk Says:

    […] Prospect state that the major reasons for opposition to Fees for Intervention are: […]

  3. INDUSTRY CONCERN OVER HSE COST RECOVERY PLANS | PP Construction Safety News Desk Says:

    […] on HSE proposal for cost recovery ends on 14th October 2011. Costs are planned to be recovered from the start of a “material […]

  4. MANUFACTURERS ISSUE WARNING ON HSE COST RECOVERY PLANS | PP Construction Safety News Desk Says:

    […] manufacturers organisation EEF has warned that proposals to charge for the recovery of costs associated with breaches safety law may damage to relations between HSE and […]

  5. HSE CHARGING REGIME CONSULTATION EARLY FINDINGS | PP Construction Safety News Desk Says:

    […] Gordon MacDonald HSE Director of Special Projects on progress with the Fee for Intervention proposals and the next […]

  6. INSPECTION CHARGING (FFI) TRIAL GUIDANCE ISSUED | PP Construction Safety News Desk Says:

    […] The imposition of charges on those found in breach of the CDM Regulations 2007 and other health and safety laws will commence in April 2012 to take forward Government policy. […]

  7. HSE INSPECTION (FFI) CHARGING REGIME PUT ON HOLD | PP Construction Safety News Desk Says:

    […] that the planned Fee for Intervention (FFI) cost recovery scheme will now be introduced at the “next available […]