Facing FFI consequences is something every business wants to avoid, as it could lead to substantial financial setbacks without the right protocols in place.
What Is the HSE Fee For Intervention (FFI) Scheme?
The Fee for Intervention (FFI) scheme is a regulatory measure introduced by the Health and Safety Executive (HSE) in October 2012. It aims to make sure that those responsible (e.g. duty holders) for material breaches of Health & Safety law bear the HSE’s inspection and enforcement costs.
Who does the HSE Fee For Intervention apply to?
FFI applies to a wide range of businesses across various industries such as construction, chemicals, pharmaceuticals, education, etc. If you operate within the UK and fall under the purview of HSE regulations, FFI applies and includes employers, self-employed individuals, public and limited companies, contractors, and anyone else with duties under the Health and Safety at Work Act.
How much does the Fee for Intervention cost?
The cost of a Fee for Intervention is determined by the HSE’s hourly rate for inspection and enforcement activities. Currently this is set at £174 per hour.
The fee covers the time an HSE inspector spends at your business. However, the total billed amount depends on how long and complex the intervention is. The Fee for Intervention charges include:
- Preparing reports
- Gathering advice
- Obtaining specialist advice
- Discussing issues with you
- Talking to your staff
The fee is different for every business and can depend on:
- The duration of the original visit
- The time spent to identify and rectify issues
- How long it took to investigate your case
- Time spent on taking action against you
The total fee cannot be determined immediately; therefore, it is crucial that employers focus on meeting compliance with the Health and Safety Executive to avoid unnecessary expenses.
When is a Fee for Intervention be issued?
A Fee for Intervention may be issued when the HSE identifies a material breach of Health & Safety law during an inspection. A material breach refers to any violation that requires formal intervention to address, typically posing significant risk or non-compliance with legal requirements.
Examples of a material breach
- A lack of personal protective equipment (PPE): Failure to provide employees with necessary safety gear such as helmets, gloves, or goggles, especially in high-risk environments like construction sites.
- Improper training: If employees have not received proper training on handling hazardous materials or operating machinery safely this could lead to serious injuries or fatalities.
- Ignoring risk assessments: Disregarding the results of risk assessments or failing to conduct them altogether leaves workers exposed to potential workplace hazards.
- Poor maintenance of equipment: Neglecting to maintain equipment regularly can increase the risk of malfunctions or accidents.
Upon discovery, the HSE will issue a notification detailing the breach and the affiliated FFI costs.
Can you dispute a Fee for Intervention?
If you believe that the decision to charge FFI was incorrect or unjust, you have the right to challenge it through an appeals process. To initiate an appeal, you need to submit a formal request to the Health and Safety Executive (HSE) within a specified period, usually 21 days from receiving the FFI invoice.
In your appeal, you should provide detailed reasons why you believe the decision to charge FFI was wrong. This could include demonstrating that you were compliant with Health & Safety regulations at the time of the inspection, disputing the accuracy of the information provided by the inspector, or highlighting any procedural errors in the FFI process.
The appeal will be reviewed by an independent panel appointed by the HSE, who will assess the evidence presented by both parties before reaching a decision. If your appeal is successful, the FFI charges may be waived, reduced, or refunded. It is essential to carefully review the grounds for appeal and provide compelling evidence to support your case.
How do you pay an FFI invoice?
The Health and Safety Executive will send out an FFI invoice every two months, and you will have 30 days to pay the full amount unless you are querying or disputing it. Pay close attention to the payment deadline specified on the invoice to avoid any late payment penalties or additional charges.
Once the payment is made, retain a copy of the payment confirmation or receipt for your records. This documentation serves as proof of payment in case of any queries or discrepancies.
If you cannot pay the FFI invoice, a debt collection agency (on behalf of the HSE) may demand payment, which could lead to court action.
How can you avoid FFI costs?
Here are some proactive steps you can take to reduce the risk of HSE Fee For Intervention charges:
- Stay informed: Keep updated on relevant Health & Safety regulations applicable to your industry.
- Regular audits: Conduct regular internal audits to identify and rectify any potential breaches before they escalate.
- Training and awareness: Make sure all staff members receive Health & Safety training to promote a culture of compliance.
Employ competent health and safety advice. Internally through the core training and continued professional development of key staff appointments, and/or externally through the appointment of health and consultants.
