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Update on Fee for Intervention and Health & Safety Regulations

This document outlines the updates on the Fee for Intervention (FFI) scheme as implemented by the Health and Safety Executive (HSE) since October 2012. Compliant businesses are exempt from fees, while those with material breaches face charges of £124 per hour. It details the process for identifying breaches, the responsibilities of duty holders, and invoicing procedures. The focus includes challenges in managing multiple duty holders, particularly in construction, fire safety, and asbestos licensing contexts.

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Update on Fee for Intervention and Health & Safety Regulations

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  1. Fee for Intervention:An Update Gavin Bye

  2. Fee for Intervention • Implementation October 2012 • Compliant businesses will not pay a fee • Recovery of costs for material breach • Current cost £124 per hour • Prosecution costs sought through the courts • Invoicing every two months with 30 days to pay • Queries and disputes process

  3. Material breach “A material breach is when, in the opinion of the HSE inspector, there has been a contravention of health and safety law that requires them to notify the dutyholder, in writing, of that opinion ”

  4. Scope - exclusions • Existing permissioning regimes • Local Authorities • Self-employed dutyholders (putting only themselves at risk) • Individuals • Non-Health and Safety at Work Act legislation

  5. Process • When an Inspector identifies a material breach they must write to the duty-holder • Specifying the provision or provisions to which the Inspector’s opinion relates • Giving particulars of the reasons for that opinion • Informing them that fee for intervention is payable

  6. Construction Division Priorities • Asbestos licensing • HSE Investigation Procedures • Construction Programme • Small Sites • Refurbishment • Major Projects/Large Contractors • Inspection priorities

  7. Challenges • Multiple duty holders • Overlapping CDM duties • Fire • Asbestos Licensing • CDM “Person in Control” • Nuclear new build

  8. Proactive Work • Identifying the duty holders • Large sites • Procurement models • Material breaches by site duty holders only • “Tracking back” • Early Intervention • Paperwork - Reverse letters

  9. Tracking back • “Track back” reveals off-site CDM Duty holder has some responsibility for site material breach • “Track back” reveals off-site CDM Duty holder has sole responsibility for site material breach • “Track back” reveals off-site CDM Duty holder has no responsibility for site material breach

  10. Investigations • Identifying all the duty holders • Allocating time • Lines of inquiry • Decision making • Court proceedings

  11. Investigations – Multiple Duty Holders • Initial site time determining immediate causes • Further analysis of factual evidence relating to the immediate causes • Further lines of inquiry – one duty holder • Further lines of inquiry - two or more duty holders

  12. Other issues • Fire legislation • Asbestos • CDM Regulation 25 • Nuclear new Build

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