Consultation on a revised process for considering disputes under Fee for Intervention (FFI)

We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk

HSE is consulting on a revised and fully independent process for considering disputes in relation to FFI. We are consulting on the details of how the process should operate. In particular, we recognise the need to ensure that the process is accessible to all types and sizes of business and is proportionate to the issues involved and amount of the fees. The consultation will seek views on the details of the process and in particular:

  • the information which HSE will provide.
  • how representation can be made.
  • how disputes will be considered.
  • suspension of the dispute process where an investigation or appeal against an enforcement notice is ongoing.

Consultation began on 21 April 2017 and ends on 2 June 2017.

View the consultative document: http://consultations.hse.gov.uk/gf2.ti/f/22434/654341.1/PDF/-/cd284ffidisputeprocessconsultationdocument.pdf

Respond to the consultation using the online questionnaire (http://consultations.hse.gov.uk/consult.ti/cd284ffi/adminQuestionnaire?qid=672451) or download a Word form (http://consultations.hse.gov.uk/gf2.ti/f/22434/654821.1/DOCX/-/cd284ffidisputeprocessconsultationquestionnaire.docx). Our preference is for responses to be in electronic format but alternatively, you can submit your response by post by 2 June 2017 to:

Regulatory Policy Unit, Health and Safety Executive, 5.S3 Redgrave Court, Merton Road, Bootle, Merseyside L20 7HS

Email: ffidisputeconsultation@hse.gov.uk

What is FFI?

Fee for Intervention (FFI) is HSE’s cost recovery regime implemented from 1 October 2012, under regulations 23 to 25 of The Health and Safety (Fees) Regulations 2012.

These Regulations put 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.

Dutyholders who are compliant with the law, or where a breach is not material, will not be charged FFI for any work that HSE does with them.

Material breach

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 dutyholder.

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.

Who does it apply to

FFI applies to dutyholders where HSE is the enforcing authority. This includes employers, self-employed people who put others (including their employees or members of the public) at risk, and some individuals acting in a capacity other than as an employee, eg partners. It includes:

  • public and limited companies;
  • general, limited and limited liability partnerships; and
  • Crown and public bodies.

Hourly rate

The fee payable by dutyholders found to be in material breach of the law is £129 per hour. The total amount to be recovered will be based on the amount of time it takes HSE to identify and conclude its regulatory action, in relation to the material breach (including associated office work), multiplied by the relevant hourly rate. This will include part hours.

Administrative and financial arrangements

HSE is responsible for the administration of the FFI scheme, including issuing invoices and, if needed, debt recovery.

The invoice will contain the following information:

  • the period of time the invoice relates to;
  • a breakdown of the activities or services for which costs can be recovered for each member of HSE staff involved, and HSL or third parties;
  • the time spent against each activity;
  • the total fee payable; and
  • a brief description of the work undertaken.

Invoicing and debt recovery functions are carried out centrally within HSE. Inspectors are not responsible for issuing invoices or for any follow-up actions relating to non-payment of invoices.

Invoices will generally be sent to dutyholders every two months, within 30 working days of the end of each invoicing period. Invoices will be issued in January, March, May, July, September and November.

As FFI fees arise from HSE carrying out its statutory functions, these fees fall outside the scope of VAT, so no VAT will be charged.

Information about the disputes process is available on this website.

Guidance

This site contains a wealth of material for dutyholders and employers who have responsibility for health and safety in their organisation.

It will help businesses and organisations understand what FFI means for them and how it fits with HSE’s existing approach to enforcement.

The Guidance on the application of Fee for Intervention (FFI) document (also available in Welsh) sets out the general principles and approach of the FFI scheme. It includes examples of material breaches but does not cover every scenario where FFI might apply. Inspectors will apply this guidance and their enforcement decisions will be made in accordance with the principles of HSE’s existing enforcement decision-making frameworks – the Enforcement Management Model (EMM) and the Enforcement Policy Statement (EPS). The guidance also explains the procedure for handling queries and disputed invoices.

Dutyholders can also download a summary information leaflet (http://www.hse.gov.uk/pubns/hse48.pdf), read about the Procedure for queries and disputes (http://www.hse.gov.uk/fee-for-intervention/queries-and-disputes.pdf) and review the guidance that HSE inspectors will follow.

The full list of guidance available can be found in the Resources section of this site.

For more information, visit the HSE web page: http://www.hse.gov.uk/fee-for-intervention/ or contact us on 07896 016380 or at fiona@eljay.co.uk, and we’ll be happy to help.

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence

 

HSE Business Plan 2017/18

Please note there will be no further updates until Thursday 27th April but if you have any queries or require any assistance, please don’t hesitate to contact our main office on 01782 751516 or at mail@eljay.co.uk

We hope you find our news updates useful. If you know of anyone who may benefit from reading them, please encourage them to register at the bottom-left of our news page (http://www.eljay.co.uk/news/) and we’ll email them a link each time an update is published. If in the unlikely event any difficulties are experienced whilst registering we’ll be more than happy to help and can be contacted on 07896 016380 or at Fiona@eljay.co.uk

The Health and Safety Executive has published its 2017/18 Business Plan. Below, the HSEs Chief Executive Richard Judge, and Chair Martin Temple summarise the regulators ongoing commitments, and key elements the plan takes forward from the overall strategy “Helping Great Britain work well”

“Great Britain has a health and safety record we can all be proud of. We are one of the safest places in the world to work in. Nonetheless, the plateaus we see in our health and safety statistics are also a stark reminder of the challenges we face in continuing to improve Britain’s performance while we adapt to the rapidly changing world around us.

The benefits of continual improvement are substantial: for workers a healthier and safer workplace; for businesses, productivity and innovation; and for the wider economy reducing the £14 billion impact of work-related injuries and ill health, together with enabling the growth opportunities that come with creating a more attractive place to do business.

This plan outlines what HSE will deliver in 2017/18. It does not attempt to capture all that we do. Instead it highlights specific priorities, within an overall framework that reinforces our ongoing commitment to:

  • leading and engaging those who undertake or influence health and safety – capitalising on the enthusiasm and collaboration we have been delighted to see since launching Helping Great Britain work well. This involves using modern communication and technology to change behaviours, and continuing to support our activities through robust science and evidence
  • ensuring the regulatory framework remains effective. This includes making sure that we are delivering the government’s regulatory agenda and supporting the UK’s exit from the European Union
  • securing effective risk management and control through a variety of regulatory tools that involve direct interactions with dutyholders. This includes our licensing activities, sustaining existing levels of intelligence-led inspections and investigating incidents, with people being held to account for their failures through firm, but fair, enforcement of the law
  • reducing the likelihood of low-frequency, high impact catastrophic incidents and the potential for extensive harm to workers and the public. Major hazard dutyholders are subject to a level of regulatory scrutiny proportionate to their risks and performance. This includes considering leadership, workforce competence and engagement, and maintenance of asset integrity

This plan takes forward key elements from HSE’s overall strategy Helping Great Britain work well, in particular:

  • emphasising ill health as we build on the recent launch of our Health and Work programme, with its focus on respiratory diseases, musculoskeletal disorders, and occupational stress and related mental health issues
  • reinforcing proportionate approaches by setting expected standards, targeting our intelligenceled interventions, and ensuring any enforcement action takes into account the seriousness of risks. For businesses, and in particular for SMEs, this is seen in the beginning of our work on ‘blue tape’ (where businesses place excessive burdens on each other)
  • ensuring value for money for the taxpayer by reducing our reliance on government funding while continuing to improve our efficiency and effectiveness
  • bringing together the breadth of capability and expertise across HSE, and benefiting from effective collaboration with the many other people and organisations that have a stake in improving health and safety in the workplace

We look forward to your encouragement and contribution as we collectively Help Great Britain work well.”

For more information, visit the HSE web page: http://www.hse.gov.uk/aboutus/strategiesandplans/index.htm

Contains public sector information published by the Health and Safety Executive and licensed under the Open Government Licence