Charges for Breach of Health & Safety Regulations

The Health and Safety Executive (HSE) have published more information on the charges that they will make for their time investigating and dealing with breaches in Health and Safety Regulations including the Construction (Design and Management) Regulations 2007.

The headline rate is £124 per hour spent by an HSE Inspector when they find something non-compliant. This "fee for intervention" will be applied when there is a "material breach" which is, "when in the opinion of the HSE Inspector, there has been a contravention of health and safety law that requires written notification (e-mail, instant visit report, letter, enforcement notice or prosecution) of the contravention to the duty holder".

The Construction (Design and Management) Regulations 2007 define duty holders as: Clients (except domestic clients), Designers, CDM Co-ordinators, Principal Contractors and Contractors. Designers include: architects, structural and civil engineers, mechanical services engineers, landscape architects, interior designers and temporary works designers.

The HSE have provided details of the potential average costs for intervention activity. The actual intervention costs will depend on the particular circumstances and the complexity of the investigation that is required to follow all reasonable lines of enquiry.

The following are the HSE's estimated average costs to be recovered:

  • An inspection which results in a letter - approximately £750.
  • An inspection which results in an Enforcement Notice - approximately £1,500.
  • Investigations - ranging from approximately £750 through to several thousands of pounds to, in extreme cases, tens of thousands of pounds.

Although the following is not a complete or exhaustive list of potential material breaches of the Construction (Design and Management) Regulations 2007 that might involve HSE action and charges they are indicative of the type that might be investigated following a site visit: 

  • Failure to plan, manage and monitor construction work in a way which ensures that it is carried out without risks to health and safety.
  • Failure to notify the Client of his duties under the Construction (Design and Management) Regulations 2007 before commencing work.
  • Failure to provide every worker carrying out construction work under his control with adequate information and training.
  • Failure to provide adequate welfare facilities on site for the full duration of the construction phase in accordance with Schedule 2 of The Construction (Design and Management) Regulations 2007.
  • Failure to comply with the Work at Height Regulations 2005.
  • Failure to comply with the Lifting Operations and Lifting Equipment Regulations 1998.

We recommend that all builders and contractors take particular care in managing their construction projects and ensure that they and their site managers and supervisory staff are conversant with all Health and Safety Regulations. All persons responsible for managing a construction site, however small, should have successfully completed the "Site Managers Safety Training Scheme". This is a five day course that can be taken on a "one day a week" basis or all five days in the same week. The cost is in the region of £500 per person. An investment of £500 may well save you over £1,500 in charges if you were served an enforcement notice or were investigated following an accident.

For further information refer to our website www.buildersguild.co.uk  and the links to the Health and Safety Executive's website www.hse.gov.uk

1 comment(s) for “Charges for Breach of Health & Safety Regulations”

  1. Ready Mixed Concrete Essex Says:

    I found this post very useful, thanks for sharing.

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