As of Monday this week (October 1st 2012), a new system came into effect from the Health and Safety Executive (HSE), called the Fee for Intervention cost recovery scheme (FFI).
Under the Health and Safety (Fees) Regulations 2012, contractors who break health and safety laws will be liable for recovery of the HSE’s related costs should an inspection or investigation have to take place.
If a breach is reported and an inspector identifies a contravention of health and safety law and feels that it is serous enough to require written notification to the person contravening the rules, then the FFI will apply
The HSE will reclaim its costs at a rate of £124 per hour and they will be recovered from the start of the intervention up to the point where the HSE’s intervention has concluded.
This is on top of any fines and costs that courts may later impose.
However, there will be no charge to businesses that comply with their legal obligations, where the HSE does not have to investigate or take enforcement action.
But the Institution of Occupational Safety and Health (IOSH) wants improvements in the support and training on health and safety matters available for smaller firms to be included in the FFI scheme. Otherwise, it fears that companies might put duty holders off seeking regulator advice or under-reporting work-related accidents.
The HSE says that the scheme is not designed to make a profit but only to recover its costs, and to make those who break the law liable for the costs of putting right their failures, rather than being a burden on the general taxpayer.
The department will review how FFI is working after the first year of operation and then again within three years