Failings in H&S will soon cost you directly
Health & Safety update 13/01/2012
Proposals to recover HSE costs from duty-holders who
materially breach health and safety law have been approved
by the HSE Board. A material breach is where, in the opinion of the
inspector, there is a requirement to rectify the breach by way of a
formal intervention in writing – by way of improvement and
prohibition notices, letter or email. Costs recovery would not
apply to those in technical breach of the law – when, in the
opinion of the inspector, there has been a breach of health and
safety law but it does not require them to make a formal
intervention – nor for inspections of compliant duty holders.
So, from April 2012 the HSE will charge an hourly rate of £124
for its intervention, which will be counted from when a letter or
e-mail recording the duty-holder's breach is sent. The scheme is
known as the Fee for Intervention (FFI).
But what if you disagree with the Inspector?
In the first instance, a business would be able to complain to a
senior manager in HSE about an invoice they've received. Following
this, if their complaint is not upheld they would then have an
option to ask that their case is considered by a disputes panel.
This panel would consist of "senior HSE staff" sitting alongside an
external business representative.
Local Authorities will not be able to use the new powers. This
will mean that many low risk, small businesses will not be within
scope of the amended regulations.
You should be aware of the possible consequences of the scheme.
A routine inspection could end up being very expensive and you
should ensure that you have robust policies and practices in place.
Failure to do so will lead to significant business costs ranging
from the charges for the Inspector, business downtime, reputational
damage, absenteeism and of course, personal liability for
directors.
If
you would like further information, and already subscribe
RBS
Mentor, please
call the Advice
Service. If you would like more information on
how Mentor could help your business in situations like this and
many others, contact
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