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

TIPS ON MINIMISING RISK FROM NEW HSE CHARGING REGIME

Fee for intervention (FFI) scheme only days away from commencement

The HSE fee for intervention (FFI) cost recovery scheme comes into effect on 1 October 2012. HSE will recover costs of carrying out its regulatory functions from those “found to be in material breach of health and safety law”.

A ‘material breach’ is one where the HSE inspector is of the opinion that there has been a contravention of health and safety law serious enough to require them to notify the person (company) in material breach of that opinion in writing.

The government believe that FFI will:

  • encourage businesses and organisations to comply in the first place;
  • put matters right quickly; and
  • discourage those who undercut competitors by not complying with the law and putting people at risk.

The Fee for Intervention hourly rate for 2012/13 is £124 and detailed guidance for dutyholders has been published by HSE.

A new section has been added to the HSE website to illustrate the most basic safety mistakes found in the workplace. These examples provide an indication of matters which might constitute a ‘material breach’.

FFI will be reviewed after the first twelve months of operation and within three years of the regime coming into effect with review reports published on the HSE website.

Tips for minimising risk from FFI

It is important that dutyholders consider how they might respond to the new charging regime. Even the most diligent of construction projects could be found in material breach and liable to be charged.

Our tips for minimising the risk and scale of FFI charges are:

  1. Prevention – review the significant hazards on each project and the measures required to control the risk. HSE inspectors will target uncontrolled significant risk at the place of work so do not provide the opportunity for a ‘quick win';
  2. Awareness – make sure that everyone on the project team is aware of the change and the key hazards and controls relevant to their operations. The examples given in the guidance provide a starting point and checklist;
  3. Sharing – construction projects involve clients, designers, coordinators, contractors and suppliers and allocation of responsibility for a material breach may be complex. Make sure all dutyholders on the project are aware of this shared liability and encourage greater cooperation and coordination;
  4. Discussion – open a positive dialogue with the inspector when a potential material breach is identified and look to avoid the conclusion that you are in material breach;
  5. Action – supplement dialogue with swift remedial action which in combination may help the inspector conclude that a material breach has not taken place;
  6. Confession – where an inspector is of the opinion a material breach has occurred you might offer to provide a full report to HSE indicating the matters discussed and action taken thereby making it unnecessary for the inspector to notify the breach in writing;
  7. Minimisation – where a material breach is identified and the inspector has indicated charges will be imposed look to agree and implement preventive action as soon as possible to minimise the FFI costs that might be claimed;
  8. Incidents – greatest costs will probably be generated by HSE investigations which could result in high five figure invoices for errant businesses. Where incidents occur a thorough internal investigation shared with HSE should reduce the time taken by HSE to conclude the investigation and action and hence minimise the overall bill; and
  9. Budget – and finally, assume you will err at some stage and allow for the possibility of FFI costs within your project budgets!

Latest Construction Health and Safety News

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

DON’T WASTE MONEY ON MANUAL HANDLING TRAINING

hselogo1HSE call for focus on elimination or reduction of manual handling risk

Read the rest of this article »

Posted on 23rd March 2018

DEVELOPING TRENDS IN RECENT PROSECUTIONS

Lawyers provide useful review of health and safety cases

Read the rest of this article »

Posted on 21st March 2018
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access

2 Responses to “TIPS ON MINIMISING RISK FROM NEW HSE CHARGING REGIME”

  1. FIRMS FEAR HSE INSPECTION CHARGES WILL DAMAGE RELATIONS | PP Construction Safety News Desk Says:

    […] the firm international law firm expect to incur higher health and safety costs as a result of the HSE  Fee for Intervention’ (FFI) scheme which cam into operation at the start of October […]

  2. HSE FEE FOR INTERVENTION CHANGING RELATIONSHIPS | PP Construction Safety News Desk Says:

    […] A ‘client survey’ by international law firm DAC Beachcroft is reported to have found that ”the dynamic around HSE visits has changed dramatically” since the introduction of Fee for Intervention. […]