The Triennial Review into the Health and Safety Executive has expressed concern that Fee for Intervention (FFI) has damaged HSE’s reputation for acting impartially.
The independent review carried out by Martin Temple was not briefed to look at FFI but the issue was such a concern for stakeholders, Temple felt compelled to tackle it.
While not opposed to charging those in breach in principle, his report highlighted the concern that "inspector decisions will be, or be seen to be, skewed by the need to raise income”.
Temple said: "I recommend that unless the link between "fines” and funding can be removed or the benefits can be shown to outweigh the detrimental effects FFI should be phased out.”
UKWA CEO Roger Williams (pictured above) said many perceive FFI as little more than an attempt by HSE to make up the shortfall in its budget following recent cuts.
"Relations between HSE inspectors and industry – which were already at a low ebb – have been further eroded by the introduction of FFI and there is no doubt that the policy should be dropped immediately,” said Williams.
"However, few people will have confidence in the HSE’s ability to ‘do the right thing’ and it seems unlikely that the policy will be reviewed.”
FLTA CEO Peter Harvey argued that most people supported the principle that companies who commit serious safety breaches should contribute towards the cost of putting them right.
"But it's important this is seen to be fair,” said Harvey (pictured below). "Preserving the HSE's reputation for impartiality and common sense is paramount, because it ultimately, saves lives and limbs. We have worked closely with HSE to reduce fork lift truck accidents, and the latest statistics show we're making excellent progress.”
The overall tenor of the Review was an endorsement of the HSE said The Institution of Occupational Safety and Health (IOSH) but it expressed concerns over funding.
IOSH head of policy and public affairs Richard Jones said: "Despite highlighting serious areas for attention such as FFI, the review fails to recommend further funding, other than by commercial means. IOSH is concerned the Government is set to go further than recommended on commercialising HSE, despite concerns over how this may conflict with its regulatory role.”
The HSE responded to the Temple review by insisting the principle behind FFI has been endorsed by Government.
HSE chair Judith Hackitt said: "No decision will be taken on the future of FFI until we have compiled and reviewed the evidence. The principle of charging those who are found to be in material breach of the law remains a sound one and one which was supported by Government.”