Matthew Lee
Occupational Health
&
Safety Consultancy Services Ltd
36 Years with HSE as an operational Inspector
OSHCR registered consultant
Today
Recent changes
Enforcement Management Model
Fee For Intervention
How we got here
June 2009 – HSE strategy – Be part of the solution
May 2010 Election – Spending Review – 35% cut
October 2010 – Lord Young – Common Sense, Common Safety
March 2011 – Chris Grayling – Good Health and Safety, Good for
everyone
April 2011 – Vince Cable – Red Tape Challenge
November 2011 – Prof Lofstedt – Reclaiming Health and Safety for All
October 2012 FFI Introduced
Effect of changes
Fewer visits
Target high risk and poor performers
Many areas will not be proactively inspected
More reactive inspection
Cost Recovery for breaches of the law
Making H&S simpler
Review / repeal of Legislation
Consultants Register
Enforcement Management Model
The basis by which regulators
(HSE and LA)
make decisions about what is the
appropriate action to take in any
particular situation.
Measure of actual risk
Consequence
•
•
Likelihood
•
Extent
Compare with accepted risk –
Benchmark
Defined – Act, Regulation, Acop
•
Established – Other Codes of Practice
•
Interpretative – First principles
•
Result is Risk Gap
Extreme
•
Substantial
•
Moderate
•
Nominal
•
Risk Gap
Machine – Fondant Enrober
Guard at time of accident
Guard after accident
Risk Gap for machinery accident
Initial Enforcement Expectation
Decision making process
Strategic Factors
Public Interest
•
Are vulnerable groups protected
•
Long term impact on duty holder
•
Effect on other duty holders
•
Fee For Intervention (FFI)
Consultation
•
The process (not the decision) about how it was to be
implemented was subject to a CD
–
Health and safety context
•
–
Greater emphasis on higher risk activities
–
Reduction in numbers of inspections
–
Simplify regulations and legislation
–
Maintenance of high enforcement profile
–
Extending cost recovery
Fee For Intervention
If FFI did not go ahead the there would
be significantly more cuts in HSE
Fee For Intervention (FFI)
Effective from October 1st 2012
•
Compliant businesses will not pay
•
Recovery of costs for “material breach”
•
Current cost £124 per hour
•
Prosecution costs sort through the courts
•
Invoicing every two months with 30 days to pay
•
Queries and disputes processed established
•
Exclusions
Existing commissioning regimes
•
Local authorities
•
Self-employed duty holders (putting only
themselves at risk)
•
Non Health and Safety at Work Act
legislation
•
Fee For Intervention
£124 per hour when there is a material breach
- Not VAT able
- Questions
- Offset against tax
- Insurable
“A material breach is when, in the opinion of the HSE inspector,
there has been a contravention of health and safety law that
requires them to notify the duty holder in writing, of that opinion”
The requirement is based on the EMM
Guidance on the web site:-
FFI what you need to know
Guidance on the application of FFI
Supplementary guidance for Inspectors
Multiple duty holder guidance
Enforcement Management Model
Queries and disputes
Webinar by Gordon Mac Donald - HSE program director
27th September
http://www.healthandsafetyatwork.com/hsw/webinar/fee-for-intervention
HSE will keep £10m of the first 6 months revenue rising to
£17m of the projected £37m in the first full year. Rest will
go to treasury. If more money received then surplus will
go to treasury.
GM expected that that the figure would be lower than
projected.
If there are about 400 operational
inspectors then that would equate to
£92k per inspector
or
745 hrs. of chargeable work per
inspector per year
Strategy for minimising charging
Why are they visiting?
Do you need to report?
Consider detail on report –
look at accident selection criteria
http://www.hse.gov.uk/lau/lacs/22-13.htm
Examples of Mandatory Investigation
Fatalities
All amputations of digit(s) past the first joint;
Serious multiple fractures (more than one bone, not including
wrist or ankle);
Crush injuries leading to internal organ damage, e.g. ruptured
spleen;
Head injuries involving loss of consciousness;
Burns and scalds covering more than 10% of the surface area of
the body;
Permanent blinding of one or both eyes;
Any degree of scalping;
Asphyxiations.
Examples of Mandatory Investigation
Major injuries from working in a confined space / electrical incident.
Occupational diseases. reported under RIDDOR.
Serious breach of health and safety law including incidents likely to
give rise to serious public concern where, in accordance with EMM the
national enforcement expectation = a notice or a prosecution.
Incidents likely to give rise to serious public concern
Dangerous Occurrences with the potential for directly causing the
death of anyone or major injuries to a number of people.
Strategy for minimising charging
Train staff to:Prepare for visits
Documents
Reports – some may be legally privileged
Staff availability
Manage the inspection process
Only discuss key issues
Try and agree a simple solution
Sort out any breach quickly and report to HSE
Understand EMM
Policy on how to deal with contractors/consultants
Typical Inspection/ investigation
For each day that each Inspector is on site or in their
office dealing with the paperwork relating to the visits
and any follow up visits the charge would be up to £1K.
You do not get charged for travel time.
If material breach relates to the work of a consultant /
contractor then they could be subject to part of that
charge
When do you get a letter?
When do you get a letter
When do you not get a letter?
Initial Enforcement Expectation
Risk Gap
In most cases material breach will be where
there is more than a nominal risk gap
Any questions on what I have
covered or other issues?