Fee For Intervention could cost you

FFI, otherwise known as Fee for Intervention, is a HSE cost recovery regime that was first put into place at the beginning of October 2012, that follows regulations 23 to 25 of The Health and Safety (Fees) Regulations 2012

What is FFI?

FFI, otherwise known as Fee for Intervention, is a HSE cost recovery regime that was first put into place at the beginning of October 2012, that follows regulations 23 to 25 of The Health and Safety (Fees) Regulations 2012.

The HSE, under these regulations, was given a duty to recover its costs from those who happened to be in material breach of health and safety law, for carrying out its regulatory functions.

FFI will not be charged from Dutyholders for any work completed alongside the HSE, so long as they are compliant with the law, and have not committed is not a material breach.

Material breach

A Material breach is essentially what occurs when there has been a violation of health and safety law, deemed so by a HSE inspector, requiring them to issue a written notice addressed to the dutyholder. As such, this notice may take the form of an improvement or prohibition notice, or as the case may require, a prosecution.

Who does it apply to?

FFI applies to any dutyholder where the enforcing authority is the HSE. This includes:

  • Public and limited companies
  • General, limited and limited liability partnerships
  • Crown and Public bodies

Hourly rate

If a dutyholder is found to be in material breach of the law, depending on the amount of time it takes HSE to identify and finalise its regulatory action and  , will be subject to a fee of £124 per hour.

Administrative and financial arrangements

The administration of the FFI sceme, including issuing invoices and debt recovery, is handed by the HSE. When am invoice is issued, it shall include:

  • The duration of time the invoice relates to
  • Any and all services or activities for which costs, for each member of HSE staff, HSL or third parties, can be recovered
  • The amount of time spent against each activity
  • A concise summary of the work that has been undertaken

Invoices are usually issued to dutyholders within 30 working days of the end of each invoicing period, every couple of months. The Months that the invoices are issued in are January, March, May, July, September and November.

Both debt recovery and invoicing functions are carries out within HSE itself. In relation to non-payment of invoices, HSE inspectors are not in any way responsible to issuing invoices or for any follow-up actions that may occur as a result.

No VAT will be charged as FFI fees arise from HSE carrying out its statutory functions as these particular fees do not fall inside the scope of VAT.

Guidance

The main principles and approach of the FFI scheme are set out in ‘The Guidance on the application of Fee for Intervention (FFI) document’. This particular brochure additionally includes examples of material breaches, despite not covering every scenario where FFI might apply.

Any and all enforcement decision made by HSE inspectors will be issued in accordance with the main principles of the current enforcement decision-making frameworks, being the Enforcement Management Model (EMM) and the Enforcement Policy Statement (EPS).

Reviewing FFI

After the first twelve months of operation, and within three years of the regime coming into effect, HSE shall review how FFI is working.

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