HSE makes cost recovery dispute process fully independent

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The Health and Safety Executive (HSE) has confirmed that disputed invoices raised under the fee for intervention (FFI) cost recovery scheme will now be considered by a fully independent panel.

FFI was introduced in October 2012 with a view to shift costs of regulating workplace health and safety from the public purse to businesses that break the law. If an inspector just issues verbal advice then there is no charge but when serious health and safety failings in the workplace are identified and an inspector needs to write to the dutyholder, then that dutyholder has to pay the costs of the HSE visit. Dutyholders can dispute a HSE decision if they disagree, which is then looked at by a panel.

The panel originally consisted of two HSE members and an independent person, but now, under the changes, all disputes will be considered by a lawyer – acting as chair – and two others who have practical experience of management of health and safety. HSE made the change following a six-week public consultation.

A HSE spokesman said: “We have consistently said that we would keep the dispute process under review, and are making sensible changes following the consultation and in light of four years’ experience of running fee for intervention. The revised process also provides greater clarity about the information which HSE will give to businesses to allow them to make appropriate representations to the dispute panel.”