The Health and Safety Executive will take enforcement action to ensure duty holders:
The health and Safety Executive enforcement action is proportionate, direct, consistent, transparent and accountable.
Types of enforcement options available to an HSE Inspector
The HSE may chose to use an arsenal of options such as providing information and advice face-to-face or in writing.
The HSE will make clear to duty holders which matters are subject to enforcement, and the measures they must take to achieve compliance (including timescales).
Powers of inspectors
Inspectors appointed by an enforcing authority under section 19 of the Health and Safety at Work etc. Act 1974 (HSWA) have broad powers to carry into effect any of the relevant statutory provisions.
The powers set out in sections 20(2) and 25 HSWA include powers to:
Inspectors are also given any other power which is necessary for the purpose of carrying into effect the relevant statutory provisions.
How to challenge/appeal
The HSE also give duty holders advice on their right to challenge/appeal. There are different routes for this, depending on the enforcement action. At Agility Risk & Compliance we can aid you with information on your challenge or appeal.
What happens after enforcement action?
After any enforcement action the HSE will:
Fee for intervention
If you’ve broken the law, you will have to pay for the time it takes the HSE to help you put things right. This is called a ‘fee for intervention’ (FFI) and is currently £157 per hour for that service.
The fee will include the costs covering the time of the entire original visit. The total amount recovered will be based on the amount of time it takes HSE to identify the breach and help you put things right (including office work), multiplied by the hourly rate.
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