In October 2012 HSE launch their fee for Intervention cost recovery scheme. This scheme will see the Inspectorate recovering costs where inspectors consider there has been a ‘material breach’.
The costs associated with fee for intervention are £124 per hour, split into 6 minute intervals and commence from when the inspector arrived onsite to discovering the breach.
A material breach is, when in the opinion of the HSE inspector, there has been a contravention of health and safety law that is serious enough to require them to notify the person in material breach that opinion in writing. At a recent conference many delegates commented they felt the new scheme would have a detrimental effect on the relationships with inspectors, who have in the past been extremely helpful and approachable to assist organisations achieve their health and safety goals and achieve legal compliance. I guess only time will tell.
The current process of Improvement Notices and Prohibition Notices will remain in place. Unlike the current notices material breaches where fee for intervention will be applied will not currently appear on the enforcement action database.
For further information on fee intervention please click below