HSE are poised to introduce FFI in April- if you get a visit from a HSE inspector, they feel the need to take any action after their visit, they will charge you for this further action.

April, you say? That’s the plan. HSE have had dry runs with this, & have their internal systems nearly sorted. The  Order hasn’t been signed yet, but the Minister wants it to happen. Perhaps.

When can HSE charge? When the inspector finds a “material breach” of the law.Comment; how many times do inspectors find nothing to say? As ex-inspectors ourselves, we know that it will be rarely, if ever.

What sort of action attracts a charge? Anything from an advisory letter upwards, not just enforcement notices & prosecution investigations. Comment; if you have a visit, ask the inspector to review their findings before they leave, make detailed written notes, make sure you understand the requirements to justify the avoidance of any further communication from the HSE.

OK, so how much? £124 per hour. This figure has been drawn up according to Treasury rules. An advisory letter is likely to take 2 hours. If the HSE have to investigate a serious accident, it could be days or weeks of inspector time. The inv into the tragic accident at Claxtons in Great Yarmouth, in Jan11 (4 fatalities) has been a near-full time job for one inspector. They will invoice the business (monthly) Expect no mercy there, then. Comment; the only good news - we can help you!

Is there any appeal? Yes. A panel has been set up. Its purpose is to quickly identify erroneous advice (not formal enforcement action such as Improvement/Prohibition Notices; this will stay with Tribunals). 

Will this affect my business? That depends on who enforces the law on your business. The HSE share enforcement with Environmental Health Depts. FFI is not being rolled out to the Councils (yet). The majority of businesses (retail, wholesale, leisure, catering, etc) are enforced by EH. Affected businesses will mainly be construction, manufacturing, transport, offshore, agriculture, quarries, docks, fairgrounds, schools, some health care, education, & “remote work” away from your normal work place.

Is there any good news? Well, the HSE are required to have a good reason to visit. It looks like they’ll be concentrating on sector specific initiatives, complaints &accident investigations more than routine inspections.

Why is this being introduced now? The HSE have a 35% budget cut imposed on them. This was seen as the least worst option to maintain some kind of enforcement. It’s deeply unpopular within the HSE, as it undermines several aspects of their work, such as friendly advice, and the good working relationships many of our clients have with their inspectors.

What next? We’ll keep you updated with the implementation of this.

In summary; there’s less risk of being visited by HSE, but the stakes are a bit higher! Our advice to you is to make sure you’re completely up to scratch...

 contact us at www.redcat.gb.com Tel 01603 502136