A Change to HSE’s Recovery Rates

HSE’s hourly recovery rate under Fee for Intervention (FFI) in 2022/23 has been increased from £160 to £163, from 1st April 2022. This is an inflationary increase to make sure the HSE can continue to recover the full cost of any relevant activity so they can maintain regulatory functions.

Businesses found to be in material breach of health and safety law will be charged at this new rate.  The cost will be for all time spent on investigating and managing the case including the time spent on site, the time preparing and writing documentation, and specialist advice from third parties. Those businesses that meet their legal requirements and can demonstrate a positive health and safety culture and compliance will not pay anything for HSE’s regulatory activity.

Who FFI applies to?

It applies to duty holders where HSE is the enforcing authority. This will include:

  • employers
  • self-employed who put others at risk
  • public and limited companies
  • general, limited and limited liability partnerships
  • Crown and public bodies

What is a material breach?

A material breach is something which an inspector considers serious enough that they need to formally write to the business requiring action to be taken. If the inspector gives you a notification of contravention after their visit, you’ll have to pay a fee. The notification of contravention must include:

  • the law that the inspector considers has been broken
  • the reason(s) for their opinion
  • notification that a fee is payable to HSE

Where an inspector simply gives you advice, either verbal or written, you won’t have to pay anything for this advice.

In addition to FFI, duty holders may also be liable for other financial penalties such as prosecution, personal injury claims, and increase to insurance premiums. That is why all employers should adopt a positive health and safety culture and communicate effectively with their workers the relevant safety standards and requirements. It is important that all workers understand what is required under The Health and Safety at Work Act (1974), as everybody has a responsibility to maintain good health and safety.

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