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Beware intervention fees.

Byline: RISKY BUSINESS Mark Weeks

THE Health & Safety Executive now operates a Fee for Intervention cost recovery scheme, which came into effect on October 1, 2012.

Under The Health and Safety (Fees) Regulations 2012, those who break health and safety laws are liable for recovery of HSE's related costs, including inspection, investigation and taking enforcement action.

Dutyholders who are compliant with the law, or where a breach is not material, will not be charged FFI for any work that HSE does with them.

A material breach is when, in the opinion of the HSE inspector, there is or has been a contravention of health and safety law that requires them to issue notice in writing of that opinion to the dutyholder.

Written notification from an HSE inspector may be by a notification of contravention, an improvement or prohibition notice, or a prosecution and must include the following information - the law that the inspector's opinion relates to, the reasons for their opinion and notification that a fee is payable to HSE.

The inspector will record the time they have spent identifying the material breach, helping you to put it right, investigating and taking enforcement action.

This will include time spent carrying out visits (including all the time on site during which the material breach was identified); writing notifications of contravention, improvement or prohibition notices and reports; taking statements; and getting specialist support for complex issues.

The fee payable by dutyholders found to be in material breach of the law is PS124 per hour.

Mark Weeks is a risk management consultant at Wilby Ltd
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Title Annotation:Business
Publication:Huddersfield Daily Examiner (Huddersfield, England)
Date:May 14, 2013
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