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INSPECTION CHARGING (FFI) TRIAL GUIDANCE ISSUED
HSE cost recovery trial includes advice leaflet for inspected businesses
The imposition of charges on those found in breach of the CDM Regulations 2007 and other health and safety laws will commence in April 2012 to take forward Government policy.
If you are found contravening H&S legislation HSE may recover its costs from you by charging a fee for the time and effort it spends on “helping you to put the matter right, investigating and taking enforcement action”.
Material breach or contravention
The fee will be payable where there is a “material breach” of the law. However, we understand this term may be replaced with the word “contravention” when the charging regime goes live in April.
The FFI trial leaflet issued to businesses involved in the trial explains that a material breach is:
“where you have broken the law and the inspector judges this is serious enough for them to notify you in writing. This could be a letter, email, a report given to you at the time of the visit, or an enforcement notice.”
The leaflet advices businesses that the inspector will work out the “time spent identifying the material breach, helping you to put it right, investigating and taking enforcement action”.
This will include all the time on site during which the material breach was identified, writing letters, notices, reports, taking statements and getting specialist support for complicated issues.
This total amount of time will be multiplied by an hourly rate to determine the amount payable.
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