The cost of intervention

As of yesterday, businesses found in material breach of health and safety law will be charged £124 an hour for the HSE’s regulatory work as it copes with sharp cuts to its budget.

This will shift some of the cost of health and safety regulation from the public purse to businesses and organisations that break health and safety laws.

Under FFI, HSE will only recover the costs of its regulatory work from duty holders who are found to be in material breach of health and safety law. Duty holders 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.

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 duty holder.

FFI applies to duty holders 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, for example partners. It includes public and limited companies, general, limited and limited liability partnerships; and Crown and public bodies.

The most obvious concern arising from FFI is it will change the relationship between the HSE and the employers it regulates. I would be very interested to hear your thoughts.

If you feel you need to know more visit www.hse.gov.uk.