• Higher Safety Higher Safety Chipmunk Data Chipmunk Data

    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

    CONSTRUCTION SAFETY NEWS – END OF NEW CONTENT

    The addition of content on this website ceased on 17th April 2020.

    Material posted before this date can be found by clicking on our SEARCH NEWS DATABASE function.

    Posted on 3rd May 2020

    HSE WARN OF NEED FOR RPE FACE FIT TEST AND CHECK

    Incorrectly fitted RPE will not protect the wearer from dangers to health

    Read the rest of this article »

    Posted on 16th April 2020

    CORONA VIRUS: LATEST SITE OPERATING PROCEDURES

    Industry Bodies publish risk management guidance Version 3

    Read the rest of this article »

    Posted on 15th April 2020

    TOWER CRANE OUT OF SERVICE SAFETY ALERT

    Important advice from Construction Plant-hire Association and HSE

    Read the rest of this article »

    Posted on 30th March 2020

    HSE PLAN AND CONSTRUCTION PRIORITIES 2020/21

    Appointed CDM 2015 Principal Designers remain focus of HSE inspections

    Read the rest of this article »

    Posted on 30th March 2020

    COVID-19 ADVICE & GUIDANCE FOR CONSTRUCTION

    BuildUK support industry with advice, guidance and information

    Read the rest of this article »

    Posted on 30th March 2020

    HSE TARGETING WELDING FUME CANCER RISK

    Inspections to enforce improved controls required by new risk evidence

    Read the rest of this article »

    Posted on 24th February 2020

    HSE TO OVERSEE NEW BUILDING SAFETY REGIME

    Government to deliver biggest change in building safety for a generation

    Read the rest of this article »

    Posted on 21st January 2020

    FESTIVE GREETINGS TO ALL OUR READERS

    Read the rest of this article »

    Posted on 20th December 2019

    SELECTED NEWS POSTED RECENTLY ON TWITTER

    PP Construction Safety logo and link to home page [1]Links to other construction health and safety related news reports

    Read the rest of this article »

    Posted on 18th November 2019

    HSE LOOK TO LOCAL AUTHORITIES FOR CDM SUPPORT

    Council Inspectors focus on CDM client duties – asbestos, fragility and RCS

    Read the rest of this article »

    Posted on 14th November 2019

    HSE WELDING FUME REVISED GUIDANCE PUBLISHED

    New research evidence on cancer link prompts revision on welding fume

    Read the rest of this article »

    Posted on 14th November 2019

    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 October 2019

    HSE RISK REDUCTION THROUGH DESIGN AWARD

    Regulator seeks to promote hazard avoidance and risk minimisation

    Read the rest of this article »

    Posted on 18th October 2019

    HSE START PROJECT HEALTH RISK INTERVENTIONS

    Regulator set to check health risks assessed and controls in place

    Read the rest of this article »

    Posted on 30th September 2019

    AIF NATIONAL WORKING AT HEIGHT CONFERENCE

    HSE Construction Head to speak at Access Industry Forum conference

    Read the rest of this article »

    Posted on 23rd September 2019

    NEW HSE HAVS CALCULATOR TO HELP CONTROL RISK

    New calculator includes “cautious estimates” for common tools

    Read the rest of this article »

    Posted on 23rd September 2019

    IMPROVING CDM DESIGNER HAZARD AWARENESS

    Research explores power of “multi-media digital tool” for design hazards

    Read the rest of this article »

    Posted on 27th August 2019

    DEMOLITION FEDERATION ON RECENT INCIDENTS

    NFDC ‘statement of awareness’ follows unplanned collapses

    Read the rest of this article »

    Posted on 27th August 2019

    RAISING COMPETENCE AND MAKING BUILDINGS SAFER

    Life-safety-critical disciplines urged to act on Interim Report

    Read the rest of this article »

    Posted on 27th August 2019

    BUILDING WORKS COMPROMISED GAS SAFETY

    Company and director fined after work created risk to residents

    Read the rest of this article »

    Posted on 27th August 2019

    HSE SPEAK AT ACCESS INDUSTRY CONFERENCE 2019

    AIF National Working at Height Conference November 2019

    Read the rest of this article »

    Posted on 6th August 2019

    STRUCTURAL SAFETY BODY LATEST NEWSLETTER

    CROSS publishes reports and expert comment on a range of issues

    Read the rest of this article »

    Posted on 23rd July 2019

    CONSIDERING TEMP WORKS IN PERMANENT DESIGN

    Useful overview for civil and structural engineers on contemporary practice

    Read the rest of this article »

    Posted on 23rd July 2019

    ‘VICTORIAN’ SAFETY AND FATIGUE BEHIND RAIL DEATH

    Investigation report links zero hours contracts to hazardous fatigue

    Read the rest of this article »

    Posted on 13th July 2019
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data