The Red Cat Partnership
2012 Knowledge Base; this new page is to record the important information we send out to our clients via Newsletter. If you'd like to subscibe to our news, please do get in touch.
a. Health and Safety at Work articles click on the links below (in this column).... |
b. Click Here to go down the page for Food Hygiene and Safety articles |
| 1. February 2012; HSE Propose Fees For Intervention |
1. Health and Safety; HSE Propose "Fees For Intervention"
HSE are poised to introduce FFI in April 2012. This means that if you get a visit from a HSE inspector, and they feel the need to take any action after their visit, they will charge you for this further action.
April, you say? That's the plan. HSE have had dry runs with this, and have their internal systems nearly sorted. The Parliamentary Order hasn't been signed yet, but the Minister wants it to happen....fait accompli? Perhaps. It's not a 100% certainty yet, but it is more than likely to happen.
When can HSE charge? When the inspector finds a "material breach" of the law. Our comment; how many times do inspectors find nothing to say....? As ex-inspectors ourselves, we know that it will be rarely, if ever.
What's a "material breach?" Anything that the inspector believes warrants anything from an advisory letter upwards, not just enforcement notices and prosecution investigations. Our comment; if you have a visit, ask the inspector to review their findings before they leave, make some detailed written notes, make sure you understand the requirements to justify the avoidance of any further communication from the HSE.
OK, so how much? £124.00 per hour. This figure has been drawn up according to Treasury rules. An advisory letter is likely to take a couple of hours. If the HSE have to investigate a serious accident, it could be days or weeks of inspector time. The investigation into the tragic accident at Claxtons in Great Yarmouth, in January 2011 (leading to four fatalities) has been a near-full time job for one inspector. They will invoice the business (monthly), and sell the debt to a debt recovery agency. Expect no mercy there, then.
Is there any appeal? Yes. A panel has been set up to handle appeals; this Independent Regulatory Challenge Panel is outside the judiciary and Employment Tribunal systems. Its purpose is to quickly and cheaply identify erroneous and over-the-top advice (not formal enforcement action such as Improvement/Prohibition Notices; this will stay with Tribunals). The panel is now open for business, taking cases retrospectively from June 2011.
Will this affect my business? That depends on who enforces the law on your business. The HSE share enforcement with local councils' Environmental Health Departments. FFI is not being rolled out to the Councils........YET. The majority of businesses (retail, wholesale, leisure, catering, etc) are enforced by Environmental Health. Affected businesses from April will mainly be construction, manufacturing, transport, offshore, agriculture, quarries, docks, fairgrounds, schools, some health care, education, and any "remote work" away from your normal work place.
Is there any good news? Well, the HSE are required to have a good reason to visit you in the first place. It looks like they'll be concentrating on sector specific initiatives, complaints and accident investigations more than routine inspections.
Why is this being introduced now? The HSE have a 35% budget cut imposed on them. This was seen as the least worst option to maintain some kind of enforcement. It's deeply unpopular within the HSE, as it undermines several aspects of their work, such as friendly advice, and the good working relationships many of our clients have with their inspectors.
