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

    SEVENTH LONDON CYCLIST DEATH DURING 2018

    Building products vehicle involved in death of Queens doctor

    Read the rest of this article »

    Posted on 17th August 2018

    HSE ENFORCEMENT WEEKLY UPDATE 15th AUGUST 2018

    hselogo1Prosecutions and enforcement notices register latest version

    Read the rest of this article »

    Posted on 15th August 2018

    MAJOR CONTRACTOR FAILED TO SUPERVISE LIFT

    Errors whilst lifting pre-cast concrete blocks fined £600,000

    Read the rest of this article »

    Posted on 14th August 2018

    FIRM FINED £400,000 OVER VIBRATING TOOLS RISK

    Hand-held orbital sanders, rivet guns, grinders and drills caused harm

    Read the rest of this article »

    Posted on 14th August 2018

    OVERHEAD POWER AND EARTHING OF SCAFFOLDS

    NASC combines updates advice on scaffold electrical risks

    Read the rest of this article »

    Posted on 9th August 2018

    REVERSING VEHICLE CLAIMED LIFE OF ‘BANKSMAN’

    Workman trapped whilst assisting colleague in reversing lorry

    Read the rest of this article »

    Posted on 7th August 2018

    TWO WORKMEN DIED IN SPRAY BOOTH EXPLOSION

    Flammable vapour ignited by ignition sources present at the scene

    Read the rest of this article »

    Posted on 6th August 2018

    SOLAR SPECIALIST FAILED TO PLAN FOR SAFETY

    Fragile roof failed under weight of solar installation worker

    Read the rest of this article »

    Posted on 6th August 2018

    DIRECTOR AND COMPANY FINED FOR SAFETY BREACHES

    Basic work at height risks and welfare requirements ignored

    Read the rest of this article »

    Posted on 6th August 2018

    REFURB PROJECT REQUIRED ASBESTOS ASSESSMENT

    Property management firm fined over lack of asbestos survey

    Read the rest of this article »

    Posted on 6th August 2018

    CLIENT FAILED MANAGEMENT ARRANGEMENTS TEST

    Homes developer prosecuted for breaching CDM 2015 client duties

    Read the rest of this article »

    Posted on 6th August 2018

    JAIL TERM FOR DEVELOPER AFTER BUILDING COLLAPSE

    Inexperienced workers demolished structure without Principal Contractor

    Read the rest of this article »

    Posted on 6th August 2018

    CDM 2015 DUTYHOLDERS IGNORED HSE ADVICE

    Contractor, client and director convicted after dangerous site conditions

    Read the rest of this article »

    Posted on 6th August 2018

    MASSIVE FINE OVER USE OF UNSAFE GAS FITTINGS

    College gas installation contractor exposed after multiple gas leaks

    Read the rest of this article »

    Posted on 17th July 2018

    TEMP WORKS DESIGNED BY MANAGER AND UNCHECKED

    Collapse of platform highlighted failure in temporary works management

    Read the rest of this article »

    Posted on 17th July 2018

    RAISING SAFETY STANDARDS FOR CRANE LIFTING OPS

    Major crane seminar seeks to raise standards and share best practice

    Read the rest of this article »

    Posted on 17th July 2018

    WORKMAN SURVIVES 6m FALL THROUGH ROOFLIGHT

    Unsecured boards provided to cover nearby fragile materials

    Read the rest of this article »

    Posted on 17th July 2018

    MAJOR FACILITIES FIRM FAILED ON FLAT ROOF SAFETY

    Site specific planning lacking and safety standards not monitored

    Read the rest of this article »

    Posted on 17th July 2018

    HSE ALERT: UNAUTHORISED ACCESS TO SCAFFOLDS

    hselogo1Regulator sets out new guidance to protect children and the public

    Read the rest of this article »

    Posted on 17th July 2018

    ASSUMING OTHERS WILL ACT IS NO DEFENCE

    Incomplete edge protection caused 8m fall from roof

    Read the rest of this article »

    Posted on 17th July 2018

    LEADING ROOFING SPECIALIST FOUND WANTING

    Risk to employees and the public after failure to meet required standard

    Read the rest of this article »

    Posted on 17th July 2018

    SCAFFOLDER DEVELOPMENT EMBRACED BY INDUSTRY

    CPD training attracts over 2500 scaffolders during first year of operation

    Read the rest of this article »

    Posted on 11th July 2018

    SECURITY PANELS FELL DESPITE EARLY WARNING

    Firm fined £1/4 million after worker crushed by falling fencing

    Read the rest of this article »

    Posted on 10th July 2018

    VEHICLE STRIKE TRIGGERED FALL OF ROOF TRUSSES

    Manufacturer failed to identify a suitable safe system of work

    Read the rest of this article »

    Posted on 10th July 2018

    INCIDENT: CHILD STRUCK BY FALLING OBJECT

    Wood falling from scaffold triggers arrest of two on construction site

    Read the rest of this article »

    Posted on 10th July 2018
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    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. […]