Fee For Intervention – Five things you need to know
With the three year anniversary of the HSE’s Fee For Intervention (FFI) in October, Mike Taylor from Santia Consulting takes a look back at one of the more controversial undertakings in the health and safety industry.
1. The HSE’s scheme for recovering costs from businesses which are found to have a “material breach” will have been around for three years on October 1.
2. A “material breach” is when, in the opinion of an HSE inspector, there is or has been a contravention of health and safety law that requires them to issue notice in writing of that opinion to the business that they’ve inspected. Therefore, only HSE enforced premises are within scope of the FFI scheme.
3. Following the Fee For Intervention’s introduction, the revenue generated from FFI by the end of January 2014 totalled just over £10.6m.
4. The rate charged for FFI is £124 per hour. This is based on the amount of time it takes the HSE to identify and conclude its regulatory action.
5. If a business disagrees with an invoice that they receive from the HSE, they can submit a query to the HSE within 21 days. If they aren’t satisfied with the response, they can raise a dispute which must be submitted in writing. This will be considered by a panel of HSE staff and an independent representative. If it’s not upheld, the business will have to pay for HSE’s time spent handling the dispute as well as the time taken to resolve the material breach. If the dispute is upheld, HSE will refund invoices which have been paid and will not charge a fee for handling the dispute.
Mike Taylor is Technical Director, Health, Safety and Environment at Santia Consulting. He will be presenting Barbour’s bi-annual legislation update in October 2015.
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