Withers

Fee for Intervention — is it last year’s trend?

The Fee for Intervention (FFI) costs recovery regime, which has been in place since October 2012, has imposed a duty on the Health and Safety Executive (HSE) to recover its costs for carrying out its regulatory functions against those found to be in material breach of the health and safety laws. A material breach occurs when, in the opinion of the HSE inspector, there has been a contravention of the health and safety law by a business that requires the HSE to issue a written notification to it.

When introducing FFI, the government set out the three main reasons for introducing the regime as being: (a) to reduce public expense; (b) to encourage companies to comply with the law and put faults right swiftly; and (c) to discourage companies from undercutting competitors and putting their employees and the public at risk. The government projections estimated that the introduction of the FFI regime would result in the HSE eventually recovering approximately £37m per year. A Freedom of Information Act request in November 2013 revealed that in its first year of operation the HSE had raised just more than £5.5m from the scheme…

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