Understanding the Health and Safety Executive (HSE) Fee For Intervention (FFI) scheme.

Health and Safety regulations ensure organisations are meeting their legal, moral and ethical duties to the State, employees and the wider society. However, staying one step ahead of regulations and the costs associated with the FFI scheme can be a challenge. Failing to comply current regulations may result in FFI and significant financial loss.

This blog aims to provide general information and guidance on the FFI scheme for all UK businesses who may have had a visit from the Health and Safety Executive (HSE) and have been made aware that fees for intervention may be charged.

Origins of the Fee For Intervention (FFI) scheme?

Introduced by the Health and Safety Executive (HSE) in October 2012, the FFI scheme aims to ensure those responsible for material breaches of Health and Safety law bear the associated costs. If your business breaks the law, you may incur FFI charges to cover HSE inspection and enforcement costs that prior to October 2012, was absorbed by taxpayers’ money.

Who does the HSE Fee For Intervention apply to?

The FFI scheme applies to businesses across various industries, including construction, chemicals, pharmaceuticals, education, and more. Regardless of whether your business is small or large, if you operate within the UK and fall under HSE regulations and FFI applies to you.

This includes employers, self-employed individuals, public and limited companies, contractors, and anyone with duties under the Health and Safety at Work Act.

How much do Fee’s For Intervention cost?

The HSE Fee For Intervention (FFI) varies based on the nature and severity of the breach. It’s not a penalty imposed by a Magistrates or Crown Court but a way for the HSE to cover costs and ensure compliance.

The total cost of FFI will depend on the scope and complexity of the material breech and investigation.

The FFI cost is determined by the HSE’s hourly rate for inspection and enforcement. As of April 1st, 2024, the rate is £174 per hour. (Valid at time of writing this blog)

The HSE states that this is an inflationary increase to recover the full cost of relevant activities. It’s consistent with their strategy of regularly updating rates to maintain regulatory functions.

The fee covers the time an HSE inspector spends at your business. The total billed amount depends on the intervention’s duration, complexity, and the time spent identifying and rectifying issues, investigating the case, and taking action against your organisation.

So, the total fee can’t be determined immediately so it is best for organisations to focus on compliance and avoid unnecessary expenses.

A Fee for Intervention may be issued when the HSE identifies a material breach of Health & Safety law during an inspection. A material breach is any violation that requires formal intervention, typically posing significant risk or non-compliance with legal requirements.

Examples of material breaches include:

Failure to provide employees with necessary safety wear, especially in high-risk environments like construction sites.

• Improper/ lack of training training.

• Ignoring or lack of risk assessments.

• Poor equipment maintenance.

Upon discovery, the HSE will issue a notification detailing the breach and associated FFI costs.

Challenging FFI

If you believe the decision to charge FFI was incorrect, you can challenge it through an appeals process. Submit a formal request to the HSE within 21 days of receiving the FFI invoice, providing detailed reasons for your appeal.

An independent panel will then review the evidence presented by both parties before deciding the outcome. If successful, the FFI charges may be waived, reduced, or refunded.

Exceptions to FFI

There are some exceptions to the application of FFI, such as when another fee is already payable for the same purpose, or when the HSE is not the enforcing authority

Payment of FFI

The Health and Safety Executive sends out FFI invoices every two months and you have 30 days to pay the full amount unless you’re querying or disputing it. If you miss the payment deadline, your business may incur late payment penalties or additional charges. If you can’t pay the FFI invoice, a debt collection agency (on behalf of the HSE) may demand payment, which could lead to court action.

How to avoid FFI costs:

• Stay informed about relevant Health & Safety regulations.

• Conduct regular internal audits to identify and fix potential breaches.

• Ensure all staff receive Health & Safety training to promote compliance.

• Consult Health & Safety expert to assess your organisation’s vulnerabilities if you don’t employ an in-house safety management team

• Develop a safety management system and positive culture of safety based around open and honest blame free communication across your entire organisation. 

Summary of Fees for intervention

• FFI Scheme Purpose: Ensures businesses responsible for material breaches of Health and Safety law bear the associated costs.

  
  

• FFI Scheme Applicability: Applies to businesses across various industries in the UK that fall under HSE regulations.

  
  

• FFI Cost Calculation: Determined by the HSE’s hourly rate for inspection and enforcement, covering the time spent on investigation, rectification, and action.

  
  

• Fee for Intervention (FFI) Trigger: Issued by the HSE for material breaches of Health & Safety law, typically posing significant risk or non-compliance.

  
  

• FFI Appeal Process: Available if you believe the FFI decision was incorrect, requiring a formal request to the HSE within 21 days of receiving the invoice.

  
  

• FFI Payment and Consequences: Invoices are sent every two months, with a 30-day payment deadline. Failure to pay may result in debt collection or court action.

At Yorkshire Health and Safety, we build strong relationships with clients based on communication, collaboration, commitment, trust and aligning with your key safety performance goals.

With over 30 years’ experience delivering successful projects for clients and working with clients’ principal contractors, we know the challenges that come with delivering successful projects, be it commercial, industrial, construction manufacturing, housebuilding, refurbishment, shopfitting and office interiors.

If you require further assistance with any of the topics raised in this post or assistance with current or future projects, please get in touch.

Yorkshire Health and Safety