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Fee for Intervention: An Update

Fee for Intervention: An Update. Gavin Bye. Fee for Intervention. Implementation October 2012 Compliant businesses will not pay a fee Recovery of costs for material breach Current cost £124 per hour Prosecution costs sought through the courts Invoicing every two months with 30 days to pay

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Fee for Intervention: An Update

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  1. Fee for Intervention:An Update Gavin Bye

  2. Fee for Intervention • Implementation October 2012 • Compliant businesses will not pay a fee • Recovery of costs for material breach • Current cost £124 per hour • Prosecution costs sought through the courts • Invoicing every two months with 30 days to pay • Queries and disputes process

  3. Material breach “A material breach is when, in the opinion of the HSE inspector, there has been a contravention of health and safety law that requires them to notify the dutyholder, in writing, of that opinion ”

  4. Scope - exclusions • Existing permissioning regimes • Local Authorities • Self-employed dutyholders (putting only themselves at risk) • Individuals • Non-Health and Safety at Work Act legislation

  5. Process • When an Inspector identifies a material breach they must write to the duty-holder • Specifying the provision or provisions to which the Inspector’s opinion relates • Giving particulars of the reasons for that opinion • Informing them that fee for intervention is payable

  6. Construction Division Priorities • Asbestos licensing • HSE Investigation Procedures • Construction Programme • Small Sites • Refurbishment • Major Projects/Large Contractors • Inspection priorities

  7. Challenges • Multiple duty holders • Overlapping CDM duties • Fire • Asbestos Licensing • CDM “Person in Control” • Nuclear new build

  8. Proactive Work • Identifying the duty holders • Large sites • Procurement models • Material breaches by site duty holders only • “Tracking back” • Early Intervention • Paperwork - Reverse letters

  9. Tracking back • “Track back” reveals off-site CDM Duty holder has some responsibility for site material breach • “Track back” reveals off-site CDM Duty holder has sole responsibility for site material breach • “Track back” reveals off-site CDM Duty holder has no responsibility for site material breach

  10. Investigations • Identifying all the duty holders • Allocating time • Lines of inquiry • Decision making • Court proceedings

  11. Investigations – Multiple Duty Holders • Initial site time determining immediate causes • Further analysis of factual evidence relating to the immediate causes • Further lines of inquiry – one duty holder • Further lines of inquiry - two or more duty holders

  12. Other issues • Fire legislation • Asbestos • CDM Regulation 25 • Nuclear new Build

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