HSE charging regime to be introduced in October

The HSE announced on Friday (June 29) that subject to parliamentary approval, the Fee For Intervention (FFI) will see those found to be in material breach of health and safety laws including waste and recycling companies – charged 124-an-hour for the time taken by the HSE to rectify the problem.

The charge will cover the cost of the investigation, rectifying the material breach and any enforcement action. The HSE said that law-abiding businesses will incur no costs, and the sooner the breach is rectified the lower the costs will be.

While the FFI is being introduced across all sectors, the waste sector could be particularly impacted as it is a priority inspection area for intervention by the HSE, as it is deemed a high risk industry.

The regime was previously expected to be introduced in April 2012 (see letsrecycle.com story) but was delayed due to on-going discussions around its technical details.

The HSE said that making businesses pay for the investigation would shift the cost from the public purse.

Guidance

Prior to October 1 the HSE has published guidance on the application of the Fee, which is being brought under the Health and Safety (Fees) Regulations. The guidance includes examples of material breaches where the FFI might apply.

Gordon MacDonald, HSEs programme director, said: Confirming the date for the start of Fee For Intervention and publishing the guidance will give duty-holders clarity and certainty about the start of the scheme and what they can expect. We have worked with industry representatives in shaping the final form of the scheme and the published guidance explains how the scheme will work and what businesses can do to comply with the law and avoid incurring a fee.

It is right that those who break the law should pay their fair share of the costs to put things right – and not the public purse. Firms who manage workplace risks properly will not pay.

Breach

In the guidance document, the HSE explains that a material breach is when, in the opinion of the HSE inspector, there has been a contravention of health and safety law that is serious enough to require them to notify the person in material breach of that opinion in writing.

Taking an example from the waste and recycling industry on how the fee might apply, the guidance looks at waste paper cutting and baling machines and how contraventions of health and safety law with regards to the operation of the machine might be handled. This includes guarding of dangerous parts such as cutting equipment which are capable of crushing and amputating arms, hands and fingers’.

The HSE said it has completed a successful test run of the scheme prior to its start on October 1.

While there have been significant improvements, the waste and recycling industry has a poor health and safety track record, with figures from the HSE showing that nine people died at work in 2010/11 in the sector, a sharp increase on the previous year (see letsrecycle.com story).