Wednesday 15 January 2014

Vigilance still needed despite doubts on the fee for intervention

Builders are being urged to maintain a high level of vigilance in the running of their businesses to ensure that they do not undertake a material breach of health and safety law and receive a fine under the controversial Fee For Intervention (FFI) scheme.



This is despite a recent report following an independent review of the HSE which concluded that the FFI should be abolished.

Introduced in October 2012, the FFI scheme was brought in to crackdown on builders who did not have sound health and safety practices in place.

If a material breach was found - where the inspector believes there has been a contravention of health and safety law that is serious enough to require them to notify businesses in writing – then the builder in question would receive a fine.

With fines starting at a minimum £750, after its first 12 months, £5.5 million worth of penalties had been issued to building firms across the country.

But the new report could place in jeopardy the future of the controversial scheme where the independent review felt “compelled” to address the issue because of “the wealth of comments received from stakeholders”.

Adrian Wild, managing director at HBXL is now advising builders to keep a close eye on all matters concerned with Health & Safety regardless of this latest report.

He said: “It’s interesting that an independent review has raised concerns about FFI which is aimed at prompting all businesses to comply with the regulations.

“The fact of the matter still remains that all building firms, no matter how small, have a duty of care to their employees and the general public. As far as reasonably possible, they must safe guard the health, safety and welfare of all on site. That’s the law!

“However we are where we are, with absolutely no guarantees of anything changing. What we need to remember is that to qualify for a financial penalty under FFI it must be established that a 'material breach’ has taken place. This means breaking the law.

“The upshot is companies need to take extra care in the running of their businesses to ensure that law breaches do not occur, as it is by these means alone that the prospect of financial penalty can be reduced or eliminated.”

According to Wild, prevention rather than cure is the best way to avoid a hefty fine and recommends builders consider HBXL’s Health & Safety Xpert software that provides all health and safety paperwork required on any job at the push of a button which is then ready for review and implementation on site.

Developed in partnership with leading health and safety professionals, Health & Safety Xpert encourages an active approach to health and safety.

All users have to do is tell Health & Safety Xpert what they are building and it simply does the rest, automatically producing Company Health & Safety Policies, Risk Assessments, COSHH Assessments forms required by the HSE, and many more essential documents. It also produces Method Statement and Construction Phase Health & Safety Plans templates ready to be tailored by the builder.

It has already proved to have saved builders huge amounts of time, quickly guiding them through the crucial paper work that’s required under current UK law, including the Health & Safety At Work Act 1974 and Construction Design Management (CDM) Regulations 2007.

Adrian added: “I continue to urge builders and contractors to make the most of software packages like Health & Safety Xpert. It enables builders to keep pace with ever stricter compliance requirements and it’s infinitely cheaper than a fine and more importantly helps prevent those working on site getting injured.

“The important thing to remember is that a risk assessment or any other health and safety documentation, is only effective if you and your staff act on it. You must follow through with any actions required and review it on a regular basis.”

For further information on Health & Safety Xpert or any HBXL product please call T: 0845 1234 065 or visit the web site www.hbxl.co.uk