At our recent round of breakfast clubs we discussed the Judicial Review being brought by OCS Group after the FFI fine imposed upon it by HSE linked to its operations at Heathrow Airport.
Key to the review was the HSE being able to act as a ‘judge in its own cause’ – something which was, unsurprisingly, at odds with others areas of review and something of a legal issue.
To complicate matters further, HSE is now headed by Mr Martin Temple, the same person who undertook an independent review of FFI when at the EEF and within that review called FFI a ‘dangerous model’.
Given the above and the arbitrary process of appeal it won’t come as too much of a surprise to see that HSE has chosen to settle the case early and also to withdraw the FFI imposed on OCS plus pay its costs.
Changes will be in place by 1st September 2017
Changes are now afoot to make the process of appeals completely independent of HSE by 1st September 2017. More than this a consultation exercise should ensure that all stakeholders will now have the opportunity to voice their opinions on how that new process might operate.
Watch this space for more news.