A NEW cost recovery scheme for businesses being investigated by the Health & Safety Executive, make it all the more essential that firms are aware of health and safety legislation, a leading lawyer has warned.

The Health & Safety (Fees) Regulations 2012 allows the HSE to impose a fee of £124 per hour if a person or business is, in their opinion, contravening, or has contravened one or more of the relevant statutory provisions the HSE is empowered to investigate.

These fees, called fees for intervention, can be imposed where an inspector believes that the person or business is in the process of contravening the law.

Notification of the fees for intervention must be made in writing and can be done so at the first visit by the HSE.

The fees for intervention must not exceed the sums reasonably incurred by the HSE, but the fees are payable within 30 days from the date on which the invoice has been raised.

These fees do not include the fees connected with any criminal investigation or prosecution that may follow and would appear to be payable even if the HSE does not proceed with a prosecution.

The fees do not apply to appeals against improvement or prohibition notices; nor do they affect employees; nor self-employed people whose actions do not expose any other person to a health or safety risk.

The fees also do not apply to those who hold a licence to undertake work with asbestos.

Commenting on this latest piece of legislation, Ashfords’ criminal and regulatory solicitor Jeremy Asher said: “Fees for intervention is another method the Health & Safety Executive now have to ensure health and safety laws are complied with.

“Obviously, if businesses are compliant, they will not incur these fees.

“It is, therefore, advisable for businesses to review their health and safety practices and procedures, as well as risk assessments, in order to ensure that they are compliant, if they are to avoid further fees in addition to prosecution costs.”

It is not yet known if it is possible to challenge these fees.

Jeremy added: “If a company is found not guilty following trial, or the HSE offer no evidence, then it may be possible to claim the fees back.

“However, the law is unclear on this point, and much will depend on the stance taken by the courts in due course.”

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