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Are you Okay? Do you conform to Regulations?

The Health and Safety Executive (HSE) has confirmed that its cost recovery scheme, Fee for Intervention (FFI), has started on 1st October 2012.

FFI recovers costs from those who break health and safety laws for the time and effort HSE spends helping to put matters right such as, investigating and taking enforcement action. The fee recovery will be applicable at the ‘letter’ stage. That is, there does not need to be a prosecution, prohibition or improvement notice (although this will invoke FFI) just the fact that the HSE believes there is a material breach and they need to spend time writing a letter to the employer and discussing the matters with their boss, making telephone calls etc will be enough for the FFI to apply.

The Health and Safety (Fees) Regulations 2012 will put a duty on HSE to recover its costs for carrying out its regulatory functions from those found to be in material breach of health and safety law.

A material breach is, when in the opinion of the HSE inspector, there has been a contravention of health and safety law that is serious enough to require them to notify the person in material breach of that opinion in writing.

HSE and the government believe it is right that businesses and organisations that break health and safety laws should pay for HSE’s time in putting matters right, investigating and taking enforcement action. Without FFI, this is paid for from the public purse.

The Fee for Intervention hourly rate for 2012/13 is £124.

FFI will also encourage businesses and organisations to comply in the first place or put matters right quickly when they don’t. It will also discourage those who undercut their competitors by not complying with the law and putting people at risk.

if you would like to discuss this or any other health and safety issues, please contact RSP Safety Services on 01733 807779 or email kyla@rspsafety.co.uk