Health and Safety Executive intervention fees
Although it has been necessary to pay the costs of the Health and Safety Executive (HSE) previously in any successful prosecution, from as early as April 2012 it is proposed that the HSE will be able to charge businesses found to be in serious breach of health and safety law for the costs incurred by HSE in dealing with this.
The HSE would propose to recover the covers of an investigation or inspection where there is found to be a material breach of health and safety legislation. Those costs will reflect the time spent in the investigation and in the HSE helping the business to put matters right, often including the costs of site visits.
Although compliant businesses will not pay, those found to be in serious breach will face costs estimated at £133 per hour. Clearly it will be important to establish what is a material breach. It is likely to include a breach of health and safety law which requires the HSE’s formal intervention in supporting the business in putting matters right.
Full details of the processes are not yet available, although there will be a dispute and query process. Nevertheless, with the apparent increase over recent years in the interest shown by the HSE in healthcare, payment of these fees is likely to be a further trading expense for some healthcare providers.
This briefing is for guidance purposes only. RadcliffesLeBrasseur LLP accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.