Coming soon, potentially to a company near you

Have you heard a rumour of another potential charge on a business?

This is more than rumour: The HSE (Health and Safety Executive) will charge companies if they visit them if that visit results in some form of enforcement action. This will start from 01 October 2012 and it is not something that the HSE will have discretion about; it will be mandatory and could affect any company, including those reading this article.  Gordon MacDonald (the HSE's programme director), said:

"The Government has agreed that it is right that those who break the law should pay their fair share of the costs to put things right - and not the public purse.  These proposals provide a further incentive for people to operate within the law, levelling the playing field between those who comply and those who don't. Compliant firms will not pay a penny in intervention fees."

So, how much might a company be charged by the HSE?

Cost recovery is almost certainly going to be at £124. The actual costs that will recovered by the HSE (when the Health and Safety (Fees) Regulations 2012 come into force) will be dependent on the complexity of the investigation that is required to follow all reasonable lines of enquiry, but some guideline figures have been offered:

•               Inspection with no action taken - No costs will be recovered

•               Inspection which results in a letter - Approximately £750

•               Inspection which results in Enforcement Notice - Approximately £1500

•               Investigations carried out by the HSE - Ranging from approximately £750 through to several thousands of pounds to, in extreme cases, tens of thousands of pounds

Looking for some simple steps to avoid such charges?

The obvious answer is to do the common-sense things and ensure that you are (and remain) compliant with the relevant Health and Safety legislation and this will help you to avoid attracting the unwanted attention of the HSE:

•               Keep your health and safety policy and associated procedures up to date.

•               Keep your risk assessments reviewed and up to date.

•               Ensure that you have adequate control over your contractors.

•               Take prompt action to prevent situations developing that may attract the interest of the HSE.

•               Ensure that you keep suitable records.

•               Keep your employee training records up to date.

Your actions may protect your employees, but it is your records that will protect your Company and provide you with peace of mind.

Michael Ellerby

Director, LRB Consulting Limited
Tel: 01509 550023 www.Lrbconsulting.co.uk