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

    HSE TARGETS HEALTH ON LONDON PROJECTS

    Regulator starts inspection ‘blitz’ on construction sites

    Read the rest of this article »

    Posted on 23rd January 2019

    HSE ENFORCEMENT WEEKLY UPDATE 21st JAN 2019

    hselogo1HSE online register of prosecutions and enforcement notices

    Read the rest of this article »

    Posted on 22nd January 2019

    WORKMAN FELL FROM UNSECURED LADDER

    Industrial cladding company failed to assess and control WAH

    Read the rest of this article »

    Posted on 18th January 2019

    SCAFFOLDER FELL THROUGH FRAGILE ROOFLIGHT

    Fall through roof leaves workman with life-changing injuries

    Read the rest of this article »

    Posted on 18th January 2019

    ARM DRAGGED INTO CONVEYOR BELT DANGER

    Workman seriously injured on first day at work in quarry

    Read the rest of this article »

    Posted on 16th January 2019

    ROOF TRUSSES TOPPLED TRAPPING WORKMAN

    Principal contractor failed to plan, manage and monitor project

    Read the rest of this article »

    Posted on 16th January 2019

    SCAFFOLDING AWARENESS TRAINING FOR ALL

    CISRS set to target painters, bricklayers, electricians and plumbers

    Read the rest of this article »

    Posted on 16th January 2019

    POOR LIFT MAINTENANCE CLAIMED LIFE OF CHILD

    Affordable housing business and contractor fined over £1.5m

    Read the rest of this article »

    Posted on 15th January 2019

    NEW CPA CRANE SAFETY GUIDANCE ISSUED

    Guide covers use of mobile lifting appliances beside railways

    Read the rest of this article »

    Posted on 14th January 2019

    RIBA CONDEMNS RISKIER PROCUREMENT OUTCOMES

    Holistic focus on safety is required and not just cost cutting

    Read the rest of this article »

    Posted on 8th January 2019

    DIRECTOR JAILED OVER PAINT STRIPPER ILLEGAL SALE

    Banned and restricted chemicals sold contrary to legal requirements

    Read the rest of this article »

    Posted on 5th January 2019

    CLIENT FAILED TO PROCURE ASBESTOS SURVEY

    Demolition work released large quantities of asbestos fibres

    Read the rest of this article »

    Posted on 2nd January 2019

    LIVE WORKING IGNITED CLOTHES OF ELECTRICIAN

    Spanner came into contact with live terminal causing life-changing burns

    Read the rest of this article »

    Posted on 31st December 2018

    WORKMEN FELL FROM ‘BIN’ ATTACHED TO EXCAVATOR

    Premature removal of scissor lift prompted unsafe system of work

    Read the rest of this article »

    Posted on 31st December 2018

    MANY SITES FAIL HSE HEALTH RISK CONTROL TEST

    HSE Construction site ‘blitz’ finds breaches at 43% of site visits

    Read the rest of this article »

    Posted on 31st December 2018

    MAKESHIFT FALL ARREST SYSTEM CAUGHT ON CAMERA

    Contactors fined for using harness not attached to suitable anchor

    Read the rest of this article »

    Posted on 31st December 2018

    HYDRAULIC RAM SEVERED HAND OF WORKMAN

    Major contractor failed to follow own policies and procedures

    Read the rest of this article »

    Posted on 31st December 2018

    ALL WORK AREAS NOT INCLUDED IN ASBESTOS SURVEY

    Company fined after asbestos containing materials were released

    Read the rest of this article »

    Posted on 31st December 2018

    FESTIVE GREETINGS TO ALL OUR READERS

    Read the rest of this article »

    Posted on 18th December 2018

    POSITIVE STORY ON FRAGILE SURFACE HAZARDS

    Major roofing contractor testifies to working from below roof

    Read the rest of this article »

    Posted on 18th December 2018

    LEISURE CENTRE USER FELL ILL AFTER SHOWER USE

    Legionella risk assessment and control measures found wanting

    Read the rest of this article »

    Posted on 18th December 2018

    STONE CUTTING MACHINE GUARDS FAILED HSE TEST

    Precautions taken following HSE enforcement fell into disuse

    Read the rest of this article »

    Posted on 18th December 2018

    ROOFWORK CREATED CARBON MONOXIDE RISK

    Falling rubble damaged and blocked home chimney flue

    Read the rest of this article »

    Posted on 18th December 2018

    HSE SAFETY ALERT: TOWER CRANE BRAKES

    Collapse of tower crane jib in high winds prompts HSE warning

    Read the rest of this article »

    Posted on 11th December 2018

    VISITING ENGINEER CRUSHED BY SCAFFOLD TUBES

    Principal contractor “signed off” contractor storage arrangements

    Read the rest of this article »

    Posted on 11th December 2018
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    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 […]