HSE Fee for Intervention Guide

If there are concerns about your workplace Health & Safety , the Health and Safety Executive (HSE) can charge you to identify the issues.

On October 2012, there was the introduction of a new scheme from the government agency - the HSE Fee for Intervention (FFI).

This highlights how essential it is to maintain thorough procedures across your business. Such as with workplace risk assessments and employee training.

However, if you’re facing an FFI, what do you need to keep in mind? We explain the legal requirements and the steps you need to take to be compliant.

What is Fee for Intervention?  

It’s a scheme that charges a business if it fails to meet its Health & Safety legal obligations. If you receive a notification of contravention you will have to pay a fee.

Your business will need to pay for the time it takes for HSE to put everything right. This includes investigating and taking enforcement action.

So, when would a Fee for Intervention be issued? After HSE visits your workplace and determines you’re in “material breach of Health & Safety law”.

FFI applies to “dutyholders” for your business. This includes you (the employer) and:

• Any self-employed individuals who may put others at risk.
• Public companies.
• Limited companies.
• Partnerships of general, limited, and limited liability.
• Crown and public bodies.

The law legislating FFI is The Health and Safety and Nuclear (Fees) Regulations 2016. This sets out the general principles and approach to the scheme.

The HSE will determine if your business is in breach of UK laws based on the following:  

“(a) A person is contravening or has contravened one or more of the relevant statutory provisions for which the Executive is the enforcing authority; and

(b) An inspector is of the opinion that that person is doing so or has done so, and notifies that person in writing of that opinion.”

HSE Fee for Intervention cost

As of 2020, the price is £157 hourly rate. Legislation governing this is under The Health and Safety (Fees) Regulations 2012.

This fee includes the time a HSE inspector spends at your business. Examples of Fee for Intervention charges includes:

• Preparing reports.
• Gathering advice.
• Obtaining specialist advice.
• Discussing issues with you.
• Talking to your staff.

The final amount can be different for every business. This depends on:

• How long the inspector’s visits last for.
• The time it takes investigating your case.
• Time spent on taking action against your business.

So, the total fee isn’t possible to determine straight away. It depends on your business’ situation and the actions you need to take to meet Health & Safety standards.

Do note, there’s the chance of a Fee for Intervention increase from the HSE. Previously, in 2019, the hourly cost was £154. In the years ahead, this may continue to increase. But you can avoid having to face an HSE inspection by ensuring you maintain high levels of Health & Safety.

How Peninsula Business Services can help

Since 1983, we’ve supported tens of thousands of businesses with their Health & Safetyrequirements.

We offer industry-specific Health & Safety managed services. So, no matter your type of business, we can guide you towards meeting the current UK employment law requirements. With our services, you can keep up to date with current health & safety expectations by:

• Conducting regular risk assessments.
• Training your staff.
• Following the latest Health & Safety laws.
• Keeping up to date with written policies.
• Holding annual reviews.
• Using time-saving and secure software.

And that includes Fee for Intervention guidance—we can explain the process to you. And how to ensure you avoid facing an FFI in the future. To help through all of the above, we have online Health & Safety software where you can:

• Create risk assessments and follow step-by-step guides.
• Record any incidents and accidents—as well as document your subsequent investigations.
• Easily access your policies at the click of a button—there’s no need for filing cabinets crammed with paperwork.
• Receive training from our range of online courses.

In short, you can use the software to project your employees, business, and to meet UK law requirements.

Appealing Fee for Intervention

There’s a dispute and query process available if you want to challenge FFI. The Fee for Intervention appeal process allows your business to:

• Query the invoice you receive for costs. You most do this within 21 days of receiving the invoice.
• If you wish to challenge the HSE’s response, you can dispute the invoice—again, you should do this as soon as possible (no later than 21 days of receiving the invoice).

However, you can’t reject an FFI. Once the HSE inspects your workplace and determines your current procedures aren’t satisfactory, you must allow them to continue with further inspections.

This, again, highlights why maintaining the highest standards is essential for your business. It’s a daily, weekly, monthly, and annual process—putting in the relevant work to meet UK laws will ensure you don’t have to face an FFI.

Need extra support?

Get in touch for instant support with your Health & Safety requirements. We’re here to help on 0800 028 2420.