Download - Health and Safety Executive Health and Safety Executive Fee for Intervention: An Update Gavin Bye
![Page 1: Health and Safety Executive Health and Safety Executive Fee for Intervention: An Update Gavin Bye](https://reader036.vdocument.in/reader036/viewer/2022062318/5515e4b055034638038b4db4/html5/thumbnails/1.jpg)
Health and Safety Executive
Health and Safety Executive
Fee for Intervention:
An Update
Gavin Bye
![Page 2: Health and Safety Executive Health and Safety Executive Fee for Intervention: An Update Gavin Bye](https://reader036.vdocument.in/reader036/viewer/2022062318/5515e4b055034638038b4db4/html5/thumbnails/2.jpg)
Fee for Intervention
• Implementation October 2012
• Compliant businesses will not pay a fee
• Recovery of costs for material breach
• Current cost £124 per hour
• Prosecution costs sought through the courts
• Invoicing every two months with 30 days to pay
• Queries and disputes process
![Page 3: Health and Safety Executive Health and Safety Executive Fee for Intervention: An Update Gavin Bye](https://reader036.vdocument.in/reader036/viewer/2022062318/5515e4b055034638038b4db4/html5/thumbnails/3.jpg)
Material breach
“A material breach is when, in the opinion of the HSE inspector,
there has been a contravention of
health and safety law that requires them to notify the dutyholder,
in writing, of that opinion ”
![Page 4: Health and Safety Executive Health and Safety Executive Fee for Intervention: An Update Gavin Bye](https://reader036.vdocument.in/reader036/viewer/2022062318/5515e4b055034638038b4db4/html5/thumbnails/4.jpg)
Scope - exclusions
• Existing permissioning regimes
• Local Authorities
• Self-employed dutyholders (putting only themselves at risk)
• Individuals
• Non-Health and Safety at Work Act legislation
![Page 5: Health and Safety Executive Health and Safety Executive Fee for Intervention: An Update Gavin Bye](https://reader036.vdocument.in/reader036/viewer/2022062318/5515e4b055034638038b4db4/html5/thumbnails/5.jpg)
Process
• When an Inspector identifies a material breach they must write to the duty-holder
• Specifying the provision or provisions to which the Inspector’s opinion relates
• Giving particulars of the reasons for that opinion
• Informing them that fee for intervention is payable
![Page 6: Health and Safety Executive Health and Safety Executive Fee for Intervention: An Update Gavin Bye](https://reader036.vdocument.in/reader036/viewer/2022062318/5515e4b055034638038b4db4/html5/thumbnails/6.jpg)
Construction Division Priorities
• Asbestos licensing
• HSE Investigation Procedures
• Construction Programme• Small Sites• Refurbishment• Major Projects/Large Contractors
• Inspection priorities
![Page 7: Health and Safety Executive Health and Safety Executive Fee for Intervention: An Update Gavin Bye](https://reader036.vdocument.in/reader036/viewer/2022062318/5515e4b055034638038b4db4/html5/thumbnails/7.jpg)
Challenges
• Multiple duty holders
• Overlapping CDM duties
• Fire
• Asbestos Licensing
• CDM “Person in Control”
• Nuclear new build
![Page 8: Health and Safety Executive Health and Safety Executive Fee for Intervention: An Update Gavin Bye](https://reader036.vdocument.in/reader036/viewer/2022062318/5515e4b055034638038b4db4/html5/thumbnails/8.jpg)
Proactive Work
• Identifying the duty holders
• Large sites
• Procurement models
• Material breaches by site duty holders only
• “Tracking back”
• Early Intervention
• Paperwork - Reverse letters
![Page 9: Health and Safety Executive Health and Safety Executive Fee for Intervention: An Update Gavin Bye](https://reader036.vdocument.in/reader036/viewer/2022062318/5515e4b055034638038b4db4/html5/thumbnails/9.jpg)
Tracking back
• “Track back” reveals off-site CDM Duty holder has some responsibility for site material breach
• “Track back” reveals off-site CDM Duty holder has sole responsibility for site material breach
• “Track back” reveals off-site CDM Duty holder has no responsibility for site material breach
![Page 10: Health and Safety Executive Health and Safety Executive Fee for Intervention: An Update Gavin Bye](https://reader036.vdocument.in/reader036/viewer/2022062318/5515e4b055034638038b4db4/html5/thumbnails/10.jpg)
Investigations
• Identifying all the duty holders
• Allocating time
• Lines of inquiry
• Decision making
• Court proceedings
![Page 11: Health and Safety Executive Health and Safety Executive Fee for Intervention: An Update Gavin Bye](https://reader036.vdocument.in/reader036/viewer/2022062318/5515e4b055034638038b4db4/html5/thumbnails/11.jpg)
Investigations – Multiple Duty Holders
• Initial site time determining immediate causes
• Further analysis of factual evidence relating to the immediate causes
• Further lines of inquiry – one duty holder
• Further lines of inquiry - two or more duty holders
![Page 12: Health and Safety Executive Health and Safety Executive Fee for Intervention: An Update Gavin Bye](https://reader036.vdocument.in/reader036/viewer/2022062318/5515e4b055034638038b4db4/html5/thumbnails/12.jpg)
Other issues
• Fire legislation
• Asbestos
• CDM Regulation 25
• Nuclear new Build