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

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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

 

HEALTH & SAFETY NEWS UPDATE – 10TH SEPTEMBER 2015

IN THIS UPDATE

Introduction

Turn around when possible: one in seven risking lives to correct sat-nav mistakes

Landlord prosecuted over carbon monoxide risk

Awareness training in automated external defibrillators

Safe & Sound at Work – do your bit

Introduction

A survey by road safety charity Brake and Direct Line has found that more than one in seven (15%) drivers who use a sat-nav admit making illegal or risky manoeuvres to correct mistakes when following sat-nav instructions, putting themselves and other road users at risk of a devastating crash. This week’s opening topic provides guidance on how to use sat-nav systems safely.

Also, further to the news last week of a landlord being prosecuted over carbon monoxide risk, we’re highlighting what landlords must do to fulfil their legal responsibility for the safety of their tenants in relation to gas safety.

With AEDs (automated external defibrillators) becoming more prevalent in the wider community, if you’re wondering whether you have a legal obligation to provide one in your workplace, read on for guidance from the HSE.

Tell employees about health and safety and they’ll know about it. Involve them and they’ll understand.” This is the message delivered by the HSE’s ‘Safe & Sound at Work’ campaign, and this week’s closing topic, which is aimed at helping small to medium sized enterprises benefit from improved consultation.

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

Turn around when possible: one in seven risking lives to correct sat-nav mistakes

‘Turn around when possible.’ It’s a phrase that anyone who drives with the aid of a sat-nav knows well.

But it could mean more than just a navigational nightmare. A survey by road safety charity Brake and Direct Line has found that more than one in seven (15%) drivers who use a sat-nav admit making illegal or risky manoeuvres to correct mistakes when following sat-nav instructions, putting themselves and other road users at risk of a devastating crash.

Dodgy u-turns aren’t the only danger. Brake and Direct Line’s survey also found that:

  • one in 14 (7%) drivers have had a near miss, having to swerve or brake suddenly to avoid a hazard, because they were distracted by a sat-nav (rising to one in 10 (11%) among young drivers (17-24);
  • one in 14 (7%) drivers also admit to having a similar near miss because they were fiddling with their stereo (rising to one in 10 (11%) among young drivers (17-24))
  • When used responsibly, using a voice-based sat-nav can make you a safer than using a visual display or paper map, as you can navigate without looking away from the road. However, there is some evidence that relying on a sat-nav can make you drive faster and make you less observant. Fiddling with a stereo can also make you react slower and make more errors.

Through its drive smart campaign, Brake is calling on all drivers to stay alert and keep their mind and eyes on the road. That means programming your sat-nav before you set off, and not attempting to re-programme it, fiddle with your stereo, use a mobile, or do anything else while driving. Research shows almost everyone is unable to multi-task at the wheel without driving performance being badly affected. Carry out a secondary activity and you’re two to three times more likely to crash: more for complex activities like talking on a phone or texting.

Brake is also calling on drivers not to be distracted by the range of technologies being installed in many new cars that have nothing to do with driving, such as access to social media. Brake is also appealing to the government to regulate the use of features that can pose a dangerous distraction to drivers.

Julie Townsend, deputy chief executive, Brake, said: “Sat-navs have revolutionised the way many of us drive, helping us get from A to B without worrying about navigation, and there are indications they can make you safer. However, there are potential pitfalls to be wary of that can pose a real danger to yourself and other road users. Remember, the sat-nav is there to help you keep focused on driving rather than worry about directions, but it’s not there to make all the decisions for you. Driving is an unpredictable activity, so you still need to look at signs, particularly those warning of hazards or speed limits, and watch for people and unexpected problems.

“For many drivers there is an increasing array of technological temptations that can pose a deadly distraction; it’s essential to resist to ensure you and others arrive safely. Brake’s advice is: set your sat-nav and radio before you set off, put your phone in the boot and ensure you’re not tempted to do anything that will take your mind or eyes off the road while driving.”

Rob Miles, director of motor at Direct Line,commented: “Looking at the sat-nav while your eyes are meant to be on the road is no different from trying to drive with a map in front of you. It’s dangerous, and you shouldn’t do it. If you’re going to use sat-nav to guide you through a journey, better to use a voice-based version so you can keep your eyes on the road. If you need to change direction or turn around, do it safely, even if it takes a bit of time to get to the next roundabout rather than doing a U-turn. And if you want to look at the sat-nav, do what you’d do with a map: find somewhere safe to pull over before having a look.”

Article reproduced courtesy of Brake – the road safety charity.

Read the full article: http://www.brake.org.uk/news/1329-incartech-jan15.

Read about Brake’s drive smart campaign: http://www.brake.org.uk/drivesmart.

Tweet Brake: @Brakecharity, hashtag #DriveSmart.

Read the survey report: http://www.brake.org.uk/assets/docs/dl_reports/DLreport-DrivenToDistraction-sec3-incartech-2015.pdf.

More information about the safe use of sat-nav systems can be found on the RoSPA website: http://www.rospa.com/road-safety/advice/vehicles/satellite-navigation-devices/

For more information about work related road safety, visit the HSE website: http://www.hse.gov.uk/roadsafety/ or contact us on 07896 016380 or at Fiona@eljay.co.uk and we’ll be more than happy to help.

Landlord prosecuted over carbon monoxide risk

HSE press release – 3 September 2015

A mother and her young son were put at risk of suffering carbon monoxide poisoning for seven years at their home in Ashton-under-Lyne, a court has heard.

The woman’s landlord, Rent4U Ltd, of Manchester, was prosecuted by the Health and Safety Executive (HSE) after an inspection of the gas boiler at her home found it was in a condition classified as ‘immediately dangerous’.

Trafford Magistrates’ Court heard that the firm failed to arrange an annual gas safety check at the terraced house on Marlborough Street between 2007 and 2014.

The court was told that Rent4U had previously been served with two Improvement Notices by HSE in 2013 after failing to arrange annual gas safety checks at two other properties.

Rent4U Ltd, of Christie Way, Christie Fields, Manchester, was fined £4,000 and ordered to pay £7,000 in prosecution costs after pleading guilty to two breaches of the Gas Safety (Installation and Use) Regulations 1998.

Landlords’ responsibility for gas safety

As a landlord, you are legally responsible for the safety of your tenants in relation to gas safety. By law you must:

  • Repair and maintain gas pipework, flues and appliances in safe condition
  • Ensure an annual gas safety check on each appliance and flue
  • Keep a record of each safety check

You should also keep your tenants informed about their responsibilities while they are staying in your property.

Gas checks (click on the links for more information)

Maintenance

Record keeping

Tenants

For more information, visit the HSE website: http://www.hse.gov.uk/gas/landlords/ or contact us on 07896 016380 or at Fiona@eljay.co.uk and we’ll be more than happy to help.

Awareness training in automated external defibrillators

In-depth training in the use of automated external defibrillators (AEDs) is not currently part of either the Emergency First Aid at Work and First Aid at Work courses.  However, HSE welcomes the presence of awareness training in these courses as it instils greater confidence in the use of AEDs.

It is not compulsory for employers to purchase AEDs to comply with the Health and Safety (First-Aid) regulations 1981.  However, if your needs assessment identifies an AED need then we recommend your staff should be fully trained in its use.

The Resuscitation Council UK (www.resus.org.uk) guidance on AEDs is that this equipment is safe to use and can be readily used by untrained bystanders. (The 2015 guidelines will be published on 15th October 2015.)

AEDs are becoming more prevalent within the wider community.  For example there are national strategies in place actively promoting their placement in schools; public places such as stations.  Many workplaces have voluntarily invested in this equipment.

Evidence suggests that where AEDs have been used the outcomes are far more favourable for an individual who suffers from a heart attack than if it is delayed until the arrival of the emergency services.

For more information on first aid at work, visit the HSE website: http://www.hse.gov.uk/firstaid/ or contact us on 07896 016380 or at Fiona@eljay.co.uk, and we’ll be more than happy to help.

Safe & Sound at Work – do your bit

Tell employees about health and safety and they’ll know about it

Involve them and they’ll understand.

Step-by-step guidance to help your business benefit from improved consultation

This is a step-by-step guide primarily aimed at small to medium sized enterprises, offering practical hints and tips for workplaces on how to improve on their existing consultation and worker involvement arrangements.

First choose from either stable or dynamic below, depending on what best describes your own workplace (click on the links):

Step-by-step guide for ‘Stable’ small to medium sized workplaces where the conditions don’t change on a regular basis (e.g. a factory or workshop): http://www.hse.gov.uk/involvement/doyourbit/stable/index.htm

Step-by-step guide for ‘Dynamic’ small to medium sized workplaces where the conditions change on a regular basis (e.g. a construction site or delivering goods to different addresses): http://www.hse.gov.uk/involvement/doyourbit/dynamic/index.htm

If you are a large organisation, you may wish to access the HSE worker involvement website (http://www.hse.gov.uk/involvement/index.htm) to view guidance, advice and case studies that may be of more relevance.

Shared experiences

Discover how organisations can successfully involve their workforce in managing health and safety.

Watch real video footage and read about health and safety stories, from the employers, employees and representatives involved.

Learn how Murraywood reduced their insurance premiums by 50% (click on the link): http://www.hse.gov.uk/involvement/doyourbit/case-study-murraywood.htm

What should I be doing?

We know from experience that workplaces where employees play an active part in health and safety often have lower accident rates.

Talking, listening and co-operating helps to get the best from your workforce, encouraging closer working relationships, as well as a safer workplace.

Find out more: http://www.hse.gov.uk/involvement/doyourbit/what-should-i-be-doing.htm

Representatives

By representing your colleagues you can help to make workplaces both healthier and safer. Being a rep can also help you increase your skills and value in the workplace.

Find out more: http://www.hse.gov.uk/involvement/doyourbit/representatives.htm

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