REGULATORY NEWSLETTER
MAY 2012
Health and safety EXPO 2012
This year’s Health and Safety Expo brought together members of industry, health and
safety consultants and lawyers for a 3 day health and safety event.
The event provided practitioners with the latest information and developments in the field
and considered the legal questions of the moment.
The Vice Chair of HSE addressed the legal arena on the key changes to health and
safety investigations. He confirmed that HSE’s focus is set to shift in order to reduce
proactive investigations. Instead, a more targeted and reactionary stance will be taken
and investigations will take place on the basis of risk to health and safety. It is thought
that the fresh approach will ensure a more effective management of resources.
HSE confirmed that as a result of both Lord Young’s Report - “Common sense, common
safety” and in light of the Government proposals to address the health and safety
legislative regime in light of Lofstedt, HSE is taking steps to consolidate and produce
simplified guidance to health and safety legislation.
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Costs Recovery Scheme
The government supports the concept
The HSE new cost recovery scheme “Fee
that businesses and organisations found
for Intervention” will come into force on 1
to be in material breach of health and
October 2012, subject to Parliamentary
safety laws, should pay for the HSE
approval of the Health and Safety (Fees)
investigation, enforcement action and any
Regulations. The regulations will place a
steps taken to redress the failings.
duty on HSE to recover its costs from
Currently, the public purse funds such
those found to be in material breach of
action.
health and safety law.
1
The proposed Fee for Intervention hourly
receive more letters of advice from HSE
rate for 2012/13 is £124 and HSE
(which they will pay for).
estimate that in the first year, £31m will
be recovered. Fees For Intervention is
Perhaps
the
most
concerning
expected to be used widely. Currently,
consequence of Fees for Intervention is
Local Authorities who enforce health and
the negative impact the scheme might
safety have opted out of the scheme,
have on the health and safety record of
however, if cost recovery is successful for
businesses and organisations.
HSE, the scheme is likely to be adopted
by Local Authorities.
If, as a result of the scheme, Inspectors
provide
What
the
scheme
means
for
businesses:
numerous
letters
of
advice,
businesses may be less likely to comply
with such advice than with a formal
Improvement Notice.
stipulates
An Improvement
There is little information available which
Notice
a
set
time
for
clarifies how HSE will determine if there
compliance and accordingly, is likely to
has been a “material breach”. HSE will
assist businesses in incurring less future
use the enforcement management model
action from HSE.
provided at www.hse.gov.uk but those
letter of advice, or a number of letters of
accused will not be informed as to how
advice, a business may be tempted to
the criteria is applied and the decision
ignore the “advice” and as a result,
process will remain unclear.
accrue a wealth of letters which will, on
Alternatively, with a
paper, amount to a poor health and safety
In a world of monetary targets, if HSE are
record.
expected to emerge as a self-funding
body, this could lead to additional and
At this stage, it is not known how the cost
unnecessary action being taken, at the
recovery scheme will progress but it is
expense
likely that the focus will be towards
of
businesses.
Inspectors
required to work in 6 minute units and to
generating costs and the mass production
meet monetary targets, in practice, will be
of perhaps unnecessary advices.
more easily persuaded to take potentially
Ultimately, it is likely that the scheme will
unnecessary action than currently. The
increase the costs of health and safety
new scheme will mean that although the
compliance for businesses.
“material risk” test will remain the same,
under the new scheme businesses may
2