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

HSE TO INTRODUCE ‘FEE FOR INTERVENTION’ IN OCTOBER 2012

Investigations could result in high five figure invoices for errant businesses

HSE has confirmed that a cost recovery scheme, known as Fee for Intervention (FFI), will start on 1 October 2012 subject to Parliamentary approval. FFI recovers costs from those who break health and safety laws.

The government believe it is right that businesses and organisations in ‘material breach’ of health and safety laws should pay for the time HSE takes in putting matters right, investigating and taking enforcement action.

Law-abiding businesses will not pay a fee

Detailed provisional guidance has been published setting out how the scheme will work including examples of how FFI will be applied. A ‘test run’ of the scheme has been carried out in preparation for start in October 2012.

Gordon MacDonald, HSE’s programme director, said:

“Confirming the date for the start of Fee For Intervention and publishing the guidance will give dutyholders clarity and certainty about the start of the scheme and what they can expect.

We have worked with industry representatives in shaping the final form of the scheme and the published guidance explains how the scheme will work and what businesses can do to comply with the law and avoid incurring a fee.

It is right that those who break the law should pay their fair share of the costs to put things right – and not the public purse. Firms who manage workplace risks properly will not pay.”

Comment

FFI is a major change for HSE and all businesess involved with UK construction projects. Our immediate observations are:

  1. Cost: fees will be imposed for ‘material breach’ investigations or enforcement action even when the HSE decide to close an investigation and a prosecution is not proposed. The cost of such investigations may be significant with FFI fees reaching tens of thousands of pounds;
  2. Impact: there is no limit to FFI fees and some firms may be go out of business as a consequence. This contrasts with court prosecution costs which reflect the defendant’s ability to pay;
  3. Complexity: construction projects involve clients, designers, coordinators, contractors and suppliers where allocation of responsibility for a material breach may be highly complex;
  4. Avoidance: all organisations should use FFI as a spur to review current H&S arrangements. The examples given in the guidance provide a good starting point and checklist.
  5. Minimisation: businesses should understand the guidance and consider how costs might be minimised when material breaches are found by HSE.

Latest Construction Health and Safety News

FIRMS FINED £2M OVER FALLING PIPE FATALITY

Incorrect stacking of pipes triggered fall and crushing of workman

Read the rest of this article »

Posted on 20th April 2018

DOMESTIC PROJECT PC HANDED JAIL TERM

Workman fell from unprotected roof edge on dormer extension

Read the rest of this article »

Posted on 20th April 2018

MAJOR CONTRACTOR ERRED ON FRAGILE ROOF RISK

Firms fine £965,000 after painter fell through waiting room roof

Read the rest of this article »

Posted on 19th April 2018

HSE ENFORCEMENT UPDATE 19th APRIL 2018

hselogo1Prosecutions and enforcement notices update and analysis

Read the rest of this article »

Posted on 19th April 2018

STRUCTURAL SAFETY BODY LATEST NEWSLETTER

CROSS publishes reports and expert comment on a range of issues

Read the rest of this article »

Posted on 18th April 2018

NEW BIM SPEC FOR SHARING H&S INFORMATION

Specification for sharing health and safety info during construction projects

Read the rest of this article »

Posted on 17th April 2018

MANAGERS FORGED ASBESTOS DOCUMENTATION

Removal licence obtained using fake training and medical certificates

Read the rest of this article »

Posted on 17th April 2018

FINE OVER INCORRECT AND MISLEADING SURVEY

Specialist asbestos company failed to detect AIB on demolition project

Read the rest of this article »

Posted on 17th April 2018

IGNORING HSE ADVICE PENALISED BY LARGE FINE

Contractor fined over £50k for persistent WAH and welfare failings

Read the rest of this article »

Posted on 17th April 2018

PRISON OVER BASEMENT EXCAVATION AND COLLAPSE

Building contractor jailed after house collapsed in Brighton

Read the rest of this article »

Posted on 17th April 2018

DEFEATING POWER INTERLOCK CAUSED FLASHOVER

Systems for managing electrical safety found to be inadequate

Read the rest of this article »

Posted on 17th April 2018

LADDER SAFETY FAILURES ATTRACT MASSIVE FINE

National window firm left workers to ‘own devices’

Read the rest of this article »

Posted on 12th April 2018

FALLING MATERIAL STRUCK WORKMAN IN EXCAVATION

Risks of working in and near excavations highlighted by incident

Read the rest of this article »

Posted on 4th April 2018

HSE ENFORCEMENT WEEKLY UPDATE 4th APRIL 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 4th April 2018

HOUSING ASSOCIATION FAILED ON VIBRATION RISK

Assessment, management and health surveillance all found wanting

Read the rest of this article »

Posted on 3rd April 2018

OCCUPIER AND CONTRACTOR FINED OVER FALL

Employee assisting contractor fell through roof during re-roofing project

Read the rest of this article »

Posted on 3rd April 2018

HSE FEARFUL OF GROWING ’BLUE TAPE’ BURDEN

hselogo1ISO 45001 could generate fresh business to business demands

Read the rest of this article »

Posted on 3rd April 2018

HSE ENFORCEMENT WEEKLY UPDATE 21st MAR 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 28th March 2018

INCIDENTS: PASSER-BY STRUCK BY BRICKS

Pack of bricks appear to have fallen from crane

Read the rest of this article »

Posted on 28th March 2018

HSE RECONSIDER HOW TO INFLUENCE SMALLER FIRMS

hselogo1Regulator advice and messages are failing to chime with the SME businesses

Read the rest of this article »

Posted on 27th March 2018

DANGEROUS REMOVAL OF ASBESTOS CEMENT

Workers smashed asbestos sheets with crowbars whilst at risk of falling

Read the rest of this article »

Posted on 27th March 2018

HSE LAUNCH CONIAN SHARING AND SUPPORT PLATFORM

hselogo1New HSE web community now open to the public

Read the rest of this article »

Posted on 27th March 2018

FIRM FAILING ON HAVS SURVEILLANCE FINED £50,000

Door manufacturer failed to manage sanding and buffing tool vibration

Read the rest of this article »

Posted on 27th March 2018

PRE-CAST FIRM FINED OVER FINGER AMPUTATION

Lack of guarding and training triggered table saw injury

Read the rest of this article »

Posted on 26th March 2018

HSE STRIKE BEFORE A FALL ON SOLAR PANEL PROJECT

Director and company pay price for lack of fall prevention precautions

Read the rest of this article »

Posted on 26th March 2018
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access

2 Responses to “HSE TO INTRODUCE ‘FEE FOR INTERVENTION’ IN OCTOBER 2012”

  1. HSE REVEAL DETAILS OF ACTIVITIES PLANNED FOR 2012/13 | PP Construction Safety News Desk Says:

    […] package for the Construction (Design and Management) Regulations 2007 and introduction of Fee for Intervention will be important work. Investigation of work related incidents and ill health plus associated […]

  2. UPDATE ON HSE REGULATION OF CONSTRUCTION SECTOR | PP Construction Safety News Desk Says:

    […] It will be interesting to see the guidance to HSE Construction Inspectors when it is published. This appears to be in addition to the provisional guidance. […]