4.3 /
HSE FEE FOR
INTERVENTION
staff
safety
handbook
In October 2012, the HSE introduced a scheme for recovering costs from
It is a catch 22 because if you just pay the bill, you are automatically accepting
businesses found to have a ‘material breach’. This scheme is called the
that you are guilty of the material breach. This may later be relied upon by HSE
“Fee for Intervention”
in any prosecution and may also be relied upon by solicitors in any claim if an
A ‘material breach’ is when, in the opinion of an HSE inspector, there is or
injury occurred.
has been a contravention of health and safety law requiring them to issue
notice in writing of that opinion to the business inspected.
In year 1 of the ‘FFI’, the revenue generated in fees from SME’s was over
£10.4m. In year 2 it was over £12m and in year 3, £23m. It is predicted that
this revenue will continue to rise over the next few years.
ESSENTIAL & RECOMMENDED H&S DOCUMENTATION FOR OUR BUSINESS
All in all, thorough and rigorous H&S standards are essential to all SME – the risk of not
implementing properly is now much higher than previously, regardless of guilt. The
starting point in protecting ourselves against such actions is to ensure that we have all
regulatory paperwork in place for a business such as ours, and that all staff have been
The rate charged is £124 per hour spent working on your case by the HSE. If
trained and briefed on its implementation. We must then, of course, make sure it is
a business disputes a charge, they can appeal. If they lose the appeal
thoroughly implemented. This document is our response to these obligations as well as
however, they will be charged for their own costs plus the time spent by the
own sense of good business and responsible management.
HSE in fighting their case. If they win, they will be refunded monies paid
and not charged for the hearing.
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MCCARTANS