The HSE has just completed a two-week shadowing initiative to train inspectors in its new cost-recovery scheme, which begins next month.
A panel of lawyers revealed this and other details about the scheme, also known as 'fees for intervention' (FFI), to delegates during the 'In court live' session at IOSH12. Companies found to be at fault of a contravention will be charged at £124 per hour.
The shadowing scheme, which ended last week, has therefore focused, in part, on training inspectors to accurately record the time they spend on interventions, so that a judgement over any subsequent fee can be accurately made.
The Executive initially wanted to introduce a challenge process involving three stages, all of which would have been overseen by someone internal at the HSE. However, the Executive has now decided “not to be judge and jury”, so the third stage will involve the decision and the fee being scrutinised by a panel, including a front-line inspector, someone from the regulator’s policy and procurement department, and an independent individual.
Although the HSE is not intending to charge for advice given by inspectors, the issue of whether the cost-recovery scheme could have an impact in this regard did come up. Paul Verrico, solicitor-advocate at Eversheds, told delegates that the HSE had told him that it is not recruiting any extra staff to administer the scheme, and this alone would mean that the chances of getting advice from busier inspectors, would, potentially, diminish. This view is not, however, held by the HSE, whose chief executive, Geoffrey Podger, described FFI as "a good way to provide us with more resources", when he addressed the IOSH conference in the opening plenary session.
Summing up, Maxwell-Scott described the FFI scheme as one of the most interesting legislative areas to watch. He pointed out that there is a pyramid of health and safety enforcement, and that with around 1000 prosecutions a year and 15,000 enforcement notices a year, the number of formal FFI letters sent to duty-holders can therefore be expected to be even higher.
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