Despite HSE insisting that its Fee for Intervention (HSE FFI) scheme is not intended to plug the hole in its finances caused by the reduction of its government grant recent figures show a 13% decline in enforcement notices (improvement notices and prohibition notices).  At the same time a 26% increase in the charges made under FFI has been made against the construction sector with fees from April 2015 to March 2016 reaching a record £4.22m

Some may be rightly concerned whilst others may be grateful to avoid having an enforcement notice issued against their business and the subsequent need to admit this to their client base (as its presence in the HSE Hall of Shame).

Whatever your particular viewpoint it does show that Fee For Intervention is on the increase and that construction and contracting businesses are being targeted.  As you will probably be aware all FFI is ‘in the Inspectors opinion’ and so good practice is important and base legal compliance may not be enough to protect you from fines.

As always, if you need more advice please contact your retained consultant.

Notices of Contravention (HSE FFI)

HSE issue invoices following a written Notice of Contravention sent to duty holders regarding ‘material breaches’ of the law found by HSE inspectors, HSE invoice data for the last three full year invoice is as follows:

April 2013 – March 2014 – 6960 invoices issued with a total value of £2,545,474. The average value of invoices issued is £366.

April 2014 – March 2015 – 6075 invoices issued with a total value of £3,1116,234. This represents a 21% increase in the total value of invoices issued over the previous period. The average value of invoices issued is £513 representing a 29% increase.

April 2015 – March 2016 – 6990 invoices issued with a total value of £4,220,972. This represents a 26% increase in the total value of invoices issued over the previous period. The average value of invoices issued is £604 representing 15% increase.

Enforcement Notices (HSE FFI)

Over the same period which shows that the number of enforcement notices issued in the construction sector has fallen.

April 2013 – March 2014 – the database shows 3625 prohibition and improvement notices issued by HSE construction teams.

April 2014 – March 2015 – the database shows 3244 prohibition and improvement notices issued by HSE construction teams. This represents a 11% fall in the number of notices issued.

April 2015 – March 2016 – the database shows 2713 prohibition and improvement notices issued by HSE construction teams. This represents a 13% fall in the number of notices issued.
Comment

The data suggest that the HSE Notice of Contravention and consequent inspection fee forms an increasingly important mechanism for HSE in securing compliance and improved standards of health and safety in the construction sector.

This is occurring at a time when use of formal Enforcement Notices (improvement and prohibition) is declining in the sector.