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

HSE FEE FOR INTERVENTION FACES LEGAL CHALLENGE

hselogo1Permission for judicial review of FFI appeals scheme granted

It has been reported that Keith Morton QC, instructed by Mike Appleby of Fisher Scoggins Waters, will be acting for a facilities outsourcing company who are seeking to quash the HSE system for deciding Fee for Intervention appeals and to challenge the rejection of its appeals against specific Notices of Contravention.

The judicial review hearing is yet to be fixed but is expected to take place in the early part of 2017.  The permission was granted by Mr Justice Kerr who, when granting permission, observed that:

“It is arguable that the HSE is, unlawfully, judge in its own cause when operating the FFI scheme; and that the scheme is either unlawful or being operated in an unlawful manner.”

JR is about the way decisions made

Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. The reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached.

One commentator on the HSE Construction Web Online Community recently expressed concern about the FFI process in stating:

“Fees for intervention are a blight on a lawful democratic society. They should be banned forever, and paid back by the government. No one should be guilty until tried by a fair judicial process. Innocent until proved guilty is what our legal system is about. Yet the size of FFI effectively makes them a fine.”

JR is not concerned with the conclusions of the process and whether those were ‘right’, as long as the right procedures have been followed. The court will not substitute what it thinks is the ‘correct’ decision.

Relationships changed and strained

The HSE Fee for Intervention scheme has also come under fire because of the effect on the relationships between the regulator and the regulated. One legal practice surveyed clients and found:

“The overwhelming feeling from our national client survey is that the dynamic around HSE visits has changed dramatically, with organisations complaining of a ‘double whammy’ in that HSE inspectors are quick to identify a material breach, yet the advice they have provided to organisations in the past is frequently less available.”

Our recent analysis of information requested from the HSE Fee for Intervention (FFI) team has revealed that the total value of FFI invoices issued in the construction sector has increased by over a quarter (26%) during the last 12 months of recorded data.

Latest Construction Health and Safety News

HSE ENFORCEMENT WEEKLY UPDATE 21st FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 21st February 2018

CLEANING ASBESTOS CEMENT ROOF CAUSED DANGER

High pressure jet washing spread asbestos fibres around premises

Read the rest of this article »

Posted on 21st February 2018

HSE INSPECTOR GUIDE TO RISK ASSESSMENT

Regulator offers training course on all aspects of risk assessment

Read the rest of this article »

Posted on 21st February 2018

PUZZLES HELP DELIVER HEALTH RISKS AWARENESS

Innovative puzzle products supplier extends the range of training aids

Read the rest of this article »

Posted on 20th February 2018

NEW ISO 45001 MANAGEMENT STANDARD IMMINENT

Standard capable of replacing OHSAS 18001 with relative ease

Read the rest of this article »

Posted on 20th February 2018

APPEAL COURT RULES ON LEGAL PRIVILEGE CASE

Decision may prompt further caution during internal investigations

Read the rest of this article »

Posted on 20th February 2018

TIPPER TRUCK STRUCK PEDESTRIAN ON SITE ROAD

Contractor fined £500,000 over poor traffic management arrangements

Read the rest of this article »

Posted on 16th February 2018

FALLING SCAFFOLD CLIP STRUCK PASSER-BY

Firm failed to follow risk assessment and method statement

Read the rest of this article »

Posted on 16th February 2018

HSE ENFORCEMENT WEEKLY UPDATE 14th FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 16th February 2018

HOMES FIRM FINED £1/2M OVER DUMPER DEATH

Developer and contractor failed to manage people and plant interface

Read the rest of this article »

Posted on 14th February 2018

SUPREME COURT RULES ON HSE ENFORCEMENT NOTICES

Post service evidence can be used to support HSE notice appeals

Read the rest of this article »

Posted on 9th February 2018

SAFE INSTALLATION OF PRE-CAST FLOORING

Code of Practice for health and safety updated by industry federation

Read the rest of this article »

Posted on 8th February 2018

HSE ENFORCEMENT WEEKLY UPDATE 8th FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 8th February 2018

MANUAL HANDLING MUST INVOLVE ‘REAL RISK’

Court provides clarity on manual handling risk assessment rules

Read the rest of this article »

Posted on 7th February 2018

SKIP LORRY DRIVER FATALLY INJURED BY LOADER

Hire company fined after lorry driver crushed between two vehicles

Read the rest of this article »

Posted on 5th February 2018

PUBLIC RISK COSTS CONTRACTOR DEARLY

Principal Contractor failed to assess and supervise work

Read the rest of this article »

Posted on 5th February 2018

TUBES FELL WHILST LIFTING OVER PERSONS BELOW

Lifting operations were not carried out in safe manner

Read the rest of this article »

Posted on 2nd February 2018

‘DAREDEVIL’ SCAFFOLDER LANDS IN DOCK

Former HSE Inspector snaps dangerous working practices at 60 feet

Read the rest of this article »

Posted on 2nd February 2018

HSE ENFORCEMENT WEEKLY UPDATE 1st FEB 2018

hselogo1Prosecutions and enforcement notices weekly update and analysis

Read the rest of this article »

Posted on 1st February 2018

DIDCOT FATAL COLLAPSE: INVESTIGATION UPDATE

Police and HSE still seeking to understand why boiler house collapsed

Read the rest of this article »

Posted on 1st February 2018

SCAFFOLDER TRAINING REACHES NEW HEIGHTS

CISRS training card renewal by CPD embraced by scaffolders

Read the rest of this article »

Posted on 30th January 2018

HSE SUMMARY OF CONSTRUCTION SECTOR HARM

Infographic provides insight into industry priority hazards

Read the rest of this article »

Posted on 29th January 2018

FIRM FAILED TO IMPLEMENT AGREED CONTROLS

Risk assessment carried out but precautions not taken

Read the rest of this article »

Posted on 29th January 2018

HSE MUSCULOSKELETAL DISORDERS SUMMIT 2018

hselogo1Regulator focuses on MSDs in construction and others sectors

Read the rest of this article »

Posted on 28th January 2018

LOAD FELL FROM MAGNET AND STRUCK WORKMAN

Firm failed to properly assess and revise crane safe working load

Read the rest of this article »

Posted on 25th January 2018
Turner Access Chipmunk Data
Total Access Ethentic
Higher Safety Turner Access