The HSE will be charging law breakers very soon
Health & Safety update 03/08/2011
The Government believes that it is reasonable that businesses
that are found to be in serious breach of health and safety law
should bear the related costs incurred by the regulator in helping
them put things right - instead of the taxpayer. A cost recovery
principle will provide a deterrent to those who would otherwise
fail to meet their obligations and a level playing field for those
who do.
It is proposed that HSE will recover all of the costs of an
inspection/investigation at which a serious, material breach in
standards is seen and a requirement to rectify is formally made,
together with the cost of any follow-up work
The first detailed look at how this new system will operate for
recovering costs has been published. The HSE has opened a
three-month consultation. The new scheme could apply from as early
as April 2012. The deadline for consultation responses is 14
October 2011.
Gordon MacDonald, HSE's Programme Director, said, The Government
has agreed that it is right that those who break the law should pay
their fair share of the costs to put things right - and not the
public purse. These proposals provide a further incentive for
people to operate within the law, levelling the playing field
between those who comply and those who don't. Compliant firms will
not pay a penny in intervention fees. HSE already recovers its
costs in a range of industries and we have considerable experience
of making these schemes work. We want to hear from as many people
as possible about how we plan to operate the scheme, to help make
its introduction as successful as possible."
Although the changes put no new health and safety duties on
businesses, they do place for the first time a duty on HSE to
recover the costs of their interventions in certain circumstances.
Costs would be recovered, if during an inspection or investigation
a material breach - a failure to adhere to health and safety law
identified by an inspector as requiring formal action - is
discovered. Fees would apply up to the point where HSE's
intervention in supporting businesses in putting matters right has
concluded.
Law-abiding businesses will be free from costs and not have to
pay a penny.
Under the proposals, HSE will recover costs at current estimates
of £133 per hour. Costs of any specialist support needed by HSE
would also be passed on. Invoices will need to be paid in 30
days.
The consultation document on cost recovery can be found on the
HSE website, www.hse.gov.uk[2]
The changes will be introduced via an amendment to the Health
and Safety (Fees) Regulations 2010.
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