What’s the cost? The Fee for Intervention scheme
Since October 2012, the Fee for Intervention (FFI) scheme has given the Health and Safety Executive (HSE) a statutory power to recover its costs from those found to be in material breach of health and safety law. The HSE may recover its costs simply by serving notice of contravention followed by an invoice on the company in question. If a company disagrees with the invoice, it may dispute it. Controversially, the process for disputing the invoice involves appealing to the HSE itself — not exactly an independent tribunal.
Businesses responding to an FFI face a difficult dilemma. On the one hand, paying a relatively small amount charged by the HSE may seem a relatively cost-effective way to deal with a compliance issue, especially when compared with the cost and uncertainty of appealing against an invoice.
On the other hand, companies are rightly reluctant to pay an invoice where they disagree with the HSE officer’s opinion that they were in material breach. In such circumstances, payment seems like an admission of liability. This article takes a closer look at the implications of paying an FFI and, in doing so, suggests that a more robust response to the regulator is often warranted…
Click on the link below to read the rest of the Dentons briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Dentons
News from The Lawyer
Briefings from Dentons
On 13 January 2015, the Government announced that a new Electronic Communications Code has been inserted into the Infrastructure Bill.
Ontario’s Divisional Court has decided that the Workplace Safety and Insurance Act’s age cut-off for loss of earnings benefits for older workers did not violate the Canadian Charter of Rights and Freedoms.
Analysis from The Lawyer
Life in Canada is getting harder for firms as commodities prices fall and work volumes slow
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all