HSE Fee for Intervention, also referred to as FFI, was implemented on 1st October 2012 for the purposes of assisting the Health and Safety Executive (HSE) recover its costs following an investigation. Under The Health and Safety (Fees) Regulations 2012, the HSE must recover the costs incurred following an investigation from the company investigated if they were deemed to be in material breach of health and safety law.
Why was FFI introduced?
In 2011, the Conservative Government slashed the HSE’s budget by 35%. FFI was brought in to help the HSE recoup some of its budget. So far:
· Between October 2012 and July 2015 HSE issued 47,830 FFI invoices
· The average invoice to a company has increased from £520.00 to £770.00.
How does FFI work?
HSE’s inspectors inspect work activities and investigate accidents and any complaints made by the public. You will have to pay an FFI if they discover during an inspection, that your organisation has committed a material breach of health and safety law. The fee is based on the amount of time that the inspector has had to spend identifying the breach, helping you to put it right, investigating and taking enforcement action.
What is a ‘material breach’?
A material breach is when the health and safety inspector feels that there has been a significant enough contravention of the law that he or she must issue a notice in writing of that opinion.
How Much is the Fee?
The HSE’s hourly rate is £124 per hour. Inspectors will bill you for the hours it has taken to identify the breach, correct the breach, investigate and taking enforcement action. They will also charge for the time spent on-site, interviewing, writing reports and notices, deciding on the best action to take and obtaining specialist advice where required.
You will be charged from the time a breach is identified through to when the material breach is discovered and identified. Payment is due within 30 days and is treated as a civil debt if not paid.