Health & Safety Interventions May Be Subject To Cost Recovery From HSE

The Health and Safety Executive (HSE) has opened a three-month consultation on plans for costs to be recovered from businesses found to be in material breach of health and safety law.

Under ‘fee for intervention’, 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.

No costs would apply for purely technical breaches and compliant duty holders would pay nothing.

The Government has agreed that the ‘fee for intervention’ scheme could apply from as early as April 2012, and the three-month consultation will provide businesses with the opportunity to comment and share their views on how ‘fee for intervention’ will operate in practice.

HSE already recovers costs in a range of industries and they have considerable experience of making these schemes work. It is planned that ‘fee for intervention’ will apply to all work activities regulated by HSE  in Great Britain other than where HSE already recovers cost for major hazard installations under an existing regime.
 
Members views on this proposal would be much appreciated. This can be done either by letting the BWF have your comments to enable us to prepare an industry response or if preferred by using the online questionnaire.

The consultation began on 22 July 2011 and will end on 14 October 2011 and the full consultation document can be viewed using the following link:
https://www.hse.gov.uk/consult/condocs/cd235.htm