If the HSE visit your workplace and find that you are in material breach of health and safety law you will have to pay for the time it takes for them to identify what is wrong and to help you to put things right. This is called fee for intervention (FFI).
FFI was introduced in October 2012 and at that time the charges were £124 per hour. Since then there has been two increases in the hourly rate. The first came in 2016 when it increased to £129 per hour and most recently in April this year when the charge went up to £154 per hour.
What is a material breach? This is something that the inspector considers serious enough that they need to formally write to the business requiring action to be taken to deal with the material breach. If the inspector issues a notification of contravention (NoC) after their visit, the business will have to pay a fee.
The fee may include the inspector’s time:
- at the business or workplace
- writing NoC’s and preparing reports
- preparing and serving improvement or prohibition notices
- getting specialist advice
- taking statements
- gathering information/evidence
Examples of material breaches include:
Falls from height – not adequately planning and/or supervising work at height.
Lifting equipment – no statutory thorough examinations of lifting equipment.
Workplace transport – not ensuring safe drivers eg fork lift truck drivers who are neither trained nor competent.
Musculoskeletal disorders – significant uncontrolled risk from manual handling or repetitive work where reasonably practicable controls are available.
The guidance on the application of fee for intervention includes many examples of what are classed as material breaches.
More information on Fee for Intervention, including Guidance on the Application of Fee for Intervention (HSE47), is readily available on the HSE website.
Until next time…………….