Health
Healthand
andSafety
Safety
Executive
Executive
Fee for Intervention:
An Update
Gavin Bye
Fee for Intervention
•
•
•
•
•
•
•
Implementation October 2012
Compliant businesses will not pay a fee
Recovery of costs for material breach
Current cost £124 per hour
Prosecution costs sought through the courts
Invoicing every two months with 30 days to pay
Queries and disputes process
Material breach
“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 dutyholder,
in writing, of that
opinion ”
Scope - exclusions
•
•
•
Existing permissioning regimes
•
•
Individuals
Local Authorities
Self-employed dutyholders (putting only
themselves at risk)
Non-Health and Safety at Work Act legislation
Process
•
When an Inspector identifies a material
breach they must write to the duty-holder
•
Specifying the provision or provisions to
which the Inspector’s opinion relates
•
Giving particulars of the reasons for that
opinion
•
Informing them that fee for intervention is
payable
Construction Division Priorities
•
•
•
Asbestos licensing
•
Inspection priorities
HSE Investigation Procedures
Construction Programme
• Small Sites
• Refurbishment
• Major Projects/Large Contractors
Challenges
•
•
•
•
•
•
Multiple duty holders
Overlapping CDM duties
Fire
Asbestos Licensing
CDM “Person in Control”
Nuclear new build
Proactive Work
•
•
•
•
Identifying the duty holders
•
•
•
“Tracking back”
Large sites
Procurement models
Material breaches by site duty holders
only
Early Intervention
Paperwork - Reverse letters
Tracking back
•
“Track back” reveals off-site CDM Duty
holder has some responsibility for site
material breach
•
“Track back” reveals off-site CDM Duty
holder has sole responsibility for site
material breach
•
“Track back” reveals off-site CDM Duty
holder has no responsibility for site
material breach
Investigations
•
•
•
•
•
Identifying all the duty holders
Allocating time
Lines of inquiry
Decision making
Court proceedings
Investigations – Multiple Duty Holders
•
Initial site time determining immediate
causes
•
Further analysis of factual evidence
relating to the immediate causes
•
•
Further lines of inquiry – one duty holder
Further lines of inquiry - two or more duty
holders
Other issues
•
•
•
•
Fire legislation
Asbestos
CDM Regulation 25
Nuclear new Build