The HSE has begun consultation on a revised and fully independent process for considering disputes in relation to its controversial Fees for Intervention scheme.
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We are consulting on the details of how the process should operate. In particular, we recognise the need to ensure that the process is accessible to all types and sizes of business and is proportionate to the issues involved and amount of the fees. The consultation will seek views on the details of the process and in particular:
- the information which HSE will provide;
- how representation can be made;
- how disputes will be considered;
- suspension of the dispute process where an investigation or appeal against an enforcement notice is ongoing.”
The decision to move to an independent process for reviewing FFI comes following growing criticism of the cost recovery initiative as well as an upcoming judicial review this summer that could have thrown the legality of the scheme and its appeals process into disarray.
The scheme, introduced in 2012, charges any company that breaks health and safety laws the costs for inspection at £129 per hour.
Among the numerous controversial aspects of the scheme, in the event of a dispute, the HSE gets to decide who is right.
Until now, disputes were considered by a panel which consisted of two members from HSE and one independent person. However, after reviewing the current process, HSE has agreed to consult with stakeholders about how to make the process independent.
The scheme and its appeal process were to be questioned this summer with a judicial review being brought by facilities management firm OCS in an attempt to have its Fees for Intervention bill overturned and the current system for deciding appeals quashed.
The company alleges that the HSE acts as “prosecutor, judge and jury” during its procedure for challenging a notification of contravention – the formal notice that triggers an FFI bill.
Speaking about the scheme earlier in the year as well as the upcoming judicial review, Kevin Bridges, partner at law firm Pinsent Masons, said: “A lot of people in the industry are keenly watching this court case, there’s no suggestion the scheme will be scrapped but the result could have a big impact for companies and construction.”
Data released earlier in January by Pinsent Masons found in the last year the HSE charged businesses £15m under the scheme, an increase of 23% from £12m the year before.
To take part in the consultation go to: www.hse.gov.uk/consult/condocs/cd284.htm
