Healthand and Safety Executive Fee for Intervention An

Healthand and. Safety 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