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HSE Set to Charge Businesses who Break Health and Safety Law


Fee for Intervention (FFI) will come into effect on 1 October 2012, as required by the Health and Safety (Fees) Regulations 2012. These Regulations place 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 is or has been a contravention of health and safety law that requires them to issue notice in writing of that opinion to the duty holder.

Written notification from an HSE inspector may be by a notification of contravention, an improvement or prohibition notice, or a prosecution and must include the following information:

  •         the law that the inspector’s opinion relates to;
  •         the reasons for their opinion; and
  •         notification that a fee is payable to HSE.

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

 

The proposed Fee for Intervention hourly rate for 2012 / 2013 is £124.00.

 

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

 

For further details about FFI, please click on the link below.

 

http://www.hse.gov.uk/pubns/hse47.pdf


Info Bite No.105
August 2012