Controversial £1000 per day ‘Fee For Intervention’ scheme to go ahead as planned

HSE has now confirmed that, subject to parliamentary approval, its cost recovery scheme for inspections and interventions will start on 1 October 2012 as planned.

Under the ‘Fee For Intervention’ scheme (FFI), costs would be recovered if, during an inspection or investigation, a material breach – a failure to adhere to health and safety law identified by an inspector as requiring formal action – is discovered.  Fees would apply up to the point where HSE’s intervention in supporting businesses in putting matters right has concluded.

The scheme will operate as recommended by HSE’s Board to minister in December following a formal consultation exercise last Summer. The Health and Safety (Fees) Regulations 2012, which implement FFI, have been laid before Parliament.

BWF Policy Executive, Matt Mahony commented;

“The HSE is keen to emphasise that law-abiding businesses will not have to pay a fee, but we are concerned that this scheme could undermine much of its good work in reducing accidents. The interim evaluation report noted that inspectors are worried that the approach could lead to a more defensive stance from businesses.

Businesses that gamble the health and safety of their employees should of course be penalised, but the HSE have yet to allay our fears that the definition of a ‘material breach’ could be too broadly interpreted by inspectors. This is crucial because the recovery costs are substantial, set at £124 per hour with the whole visit cost recoverable where any breach is found. Those who appeal the findings could face further payment at the same hourly rate with further fees applying if specialists become involved.”

The interim report into FFI noted concerns from inspectors that businesses may become less co-operative and less likely to share ‘sticky issues’ for fear of these being identified as material breaches and subsequently being invoiced. There were also fears that inspectors would encounter an increase in aggression from duty holders.

Businesses interviews felt that changes to the relationships between business and HSE could be minimised, but only if FFI is consistently and fairly applied, with inspectors making proportionate regulatory decisions, and so long as HSE’s strategic priorities continue to be driven by improving health and safety outcomes.

Out of the 45 duty holders businesses interviewed during the trial period, the HSE found 35 to be non-compliant.

Detailed dutyholder guidance has been published on HSE’s website setting out how the scheme will work in practice.

The BWF has been keeping you up to date with the proposals since they were raised early last year and we have been feeding your views directly to HSE. If you are concerned about the implications of the scheme, please contact us or raise the issue with your MP.

Members are reminded that having a Health and Safety Policy, completing risk assessments, and having a fully qualified first aider is a legal requirement for most joinery companies. You can obtain draft policies and advice by viewing our Health and Safety Publications or using the member helpline. You can also get your Health and Safety audited through the BWF's Total Support Services with reduced rates for BWF members.