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HSE set to bring in charging regime

The Health and Safety Executive is set to start charging businesses for inspections when they are found to breach health and safety laws.

Businesses that comply with the law will not be charged under the regime
Businesses that comply with the law will not be charged under the regime

The charge, expected to come into force in April 2012, will allow the HSE to recover costs undertaken by the inspections. The charge will be 124-an-hour which would begin from the first visit where the breach is identified through to it being rectified. This is down from an original proposal of 133-an-hour.

Businesses that comply with the law will incur no costs and, the quicker the breach is rectified the lower the cost will be.

The charges are being introduced across all sectors, not just in the waste and recycling industry. However, it is thought that the waste and recycling sector will be impacted as it is a priority inspection area for intervention for the HSE as it is deemed a high risk industry.

Inspection

The HSE currently charges for a number of activities such as off-shore inspections and those at oil refineries and nuclear installations but in all other cases it can only recover costs through prosecutions.

Mr Williams said the regime is scheduled to be introduced in April 2012
Mr Williams said the regime is scheduled to be introduced in April 2012

Wayne Williams, inspector of health and safety at HSE, told letsrecycle.com: The charges will be extended to inspections and investigation activities that happen across industry. When an inspector visits a site if he finds a breach of legislation then his time dealing with it will be chargeable as will the time doing an accident investigation.

Mr Williams said the regime is expected to be introduced in April 2012 but is being decided by the government so it could be later. He said: It is scheduled for the beginning of April but as far as I understand its a bit out of the HSEs hands.

Regulations

The charge is being brought in under the Health and Safety (Fees) Regulations 2012. A consultation on the proposals to see duty holders that operate in material breach of the law bear the costs, rather than the taxpayer was launched in June 2011.

At the time, the HSE said the plans would provide an incentive for businesses to meet obligations and provide a level playing field for those who comply. However, some consultees raised concerns that the fee could be difficult for small businesses to pay in the current economic climate.

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