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

    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 ENFORCEMENT WEEKLY UPDATE 19th DEC 2018

    hselogo1Prosecutions and enforcement notices register latest version

    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

    CONCRETE EJECTED BY PUMPING UNIT CLAIMED LIFE

    Company and director failed to train and supervise pumping operations

    Read the rest of this article »

    Posted on 5th December 2018

    REFRESHED GUIDANCE ON FITNESS TO OPERATE PLANT

    Construction plant medical fitness Good Practice Guide

    Read the rest of this article »

    Posted on 4th December 2018

    MAJOR CONTRACTOR & LUL USED UNSAFE SYSTEM

    Work method to eliminate moving vehicle hazard not adopted

    Read the rest of this article »

    Posted on 4th December 2018

    OVERTURNING LORRY CAUSED DEATH OF DRIVER

    Groundworks project stockpiling arrangements not properly managed

    Read the rest of this article »

    Posted on 3rd December 2018

    FORTH BRIDGE LIFTING OPERATION NOT PLANNED

    Major project PC failed to plan, supervise and carry out lift safely

    Read the rest of this article »

    Posted on 3rd December 2018

    DEVELOPER FAILED ON ASBESTOS ASSESSMENT

    HSE inspection revealed refurb works without asbestos survey

    Read the rest of this article »

    Posted on 28th November 2018

    POST DRIVER HAMMER CRUSHED HAND OF WORKMAN

    Unsafe system of work for vehicle crash barrier installation

    Read the rest of this article »

    Posted on 28th November 2018

    WORKER FELL FROM LOFT THROUGH CEILING

    Major house builder lacked understanding of loft fragile surfaces risk

    Read the rest of this article »

    Posted on 28th November 2018

    NEW SITE DUMPER SAFETY GUIDANCE ISSUED

    Construction plant sector concerns prompts CPA consults on draft

    Read the rest of this article »

    Posted on 28th November 2018

    CCTV INSTALLER FELL THROUGH FRAGILE ROOFLIGHT

    Contractor failed to properly plan and control the risks

    Read the rest of this article »

    Posted on 28th November 2018

    VISITOR DIED FALLING INTO CONCEALED BASEMENT

    Contractor failed to protect basement void on domestic project

    Read the rest of this article »

    Posted on 28th November 2018

    RACKING FALL REVEALED UNSAFE SYSTEM OF WORK

    European firm fined £300,000 after UK sub-contractor employee fell

    Read the rest of this article »

    Posted on 18th November 2018

    FAILURE TO ACT ON VIBRATION AND SILICA HAZARDS

    Worker health put at risk during stripping of furnace lining

    Read the rest of this article »

    Posted on 18th November 2018

    MAJOR FM FIRM FAILED TO MAINTAIN BACK-UP POWER

    Power loss at laboratory site created potential risk from biological agents

    Read the rest of this article »

    Posted on 18th November 2018

    IGNORING HSE PROHIBITIONS COST FIRM £250,000

    CDM 2015 and work at height requirements repeatedly breached

    Read the rest of this article »

    Posted on 16th November 2018

    ROOF COLLAPSED UNDER EXCESS LOADING

    Director and company fined over roof design failures

    Read the rest of this article »

    Posted on 11th November 2018

    FORK LIFT OVERTURNED IN SCAFFOLDING YARD

    Untrained operator suffered life changing crush injuries

    Read the rest of this article »

    Posted on 10th November 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. […]