HSE Fee for Intervention — What You Need to Know

Since 2012, businesses that breach health and safety law can find themselves footing the bill for their own investigation.
This is the reality of the HSE’s Fee for Intervention (FFI) scheme — a powerful mechanism designed to recover the costs of enforcement directly from those who break the law.

With the current FFI rate now set at £183 per hour, the potential cost of non-compliance is higher than ever.

What is Fee for Intervention?
The HSE introduced FFI in October 2012, to shift some of the costs of health and safety regulation away from the public purse — and onto businesses that fail to meet their legal obligations.

Originally set at £124 per hour, the FFI rate has steadily increased and now stands at £183 per hour.

Under the scheme, duty holders — including public and limited companies, self-employed individuals, partnerships, and public bodies — are liable for the HSE’s investigation costs if they are found to be in “material breach” of health and safety law.

What counts as a material breach?
A breach is considered material when, in the opinion of the HSE inspector, it is serious enough to require formal written notification — usually in the form of a Notification of Contravention (NoC).

The NoC will include:

• The law that has been breached

• The reason(s) for the inspector’s opinion

• Notification that a fee is payable to the HSE

How does the fee process work?
Once a NoC has been issued:

• The HSE will begin invoicing every two months until the investigation is concluded.

• The total amount recovered depends on the amount of time it takes for the HSE to identify the breach and assist the duty holder in achieving compliance.

Can FFI charges be challenged?
Yes — duty holders have the right to challenge:

• The finding of a material breach, and/or

• The amount of time charged by the HSE.

To do so, they must raise a query within 21 days of receiving the FFI invoice. The query is initially reviewed by the HSE inspector’s Principal Inspector (line manager).

Recent HSE campaign focus areas
Many recent HSE campaigns have focused on occupational health risks — an area where FFI costs are frequently triggered.

Key focus areas have included:

List:

• Occupational health and exposure to metal cutting fluids (respiratory risk prevention)

• Wood dust control (respiratory risk prevention)

• Machine guarding

• COSHH compliance

• Construction site welfare facilities

• Hand arm vibration prevention

What this means for your business
If your site or workplace is found in breach of any of these focus areas — or any other aspect of health and safety law — you could quickly face significant FFI charges on top of the cost of achieving compliance.

Prevention is always the better path. Ensuring compliance before HSE intervention not only protects your employees — it protects your bottom line.