What Is Fee For Intervention?

In order to ensure businesses comply with health and safety legislation, the Health And Safety Executive (HSE) enforces sanctions. Fee For Intervention is designed to hold employers accountable for any breaches in health and safety regulations. It’s therefore crucial that business owners understand HSE Fees For Intervention and the consequences of non-compliance with health and safety laws. This guide will explore what exactly a Fee For Intervention is, who might need to pay it and why, and how to avoid falling foul of HSE.

What is Fee For Intervention?

Fee for intervention (FFI) is a regulatory cost recovery scheme enforced by HSE under the Health And Safety At Work Act 1974. It was introduced to ensure legal compliance with health and safety laws by holding those in breach of such laws to account. Business owners who do not adhere to the relevant legislation must pay for the enforcement costs incurred by the HSE. Fee For Intervention therefore alleviates any burden on tax payers who might otherwise have to fund these regulatory activities. 

In short, FFI is a scheme that charges the cost of enforcing health and safety laws to anyone in breach of these laws. This ensures businesses comply with legislation and, as such, prioritise employee safety. 

There are three main components of FFI:

1. Material breach – A specific failure to comply with a health and safety statutory provision
2. Notification of contravention – A document detailing the specific breach and necessary corrective actions
3. Charges – A calculation based on an hourly rate for the time that inspectors spend on the relevant activity. This sum must then be paid by those in breach

Who Is Subject To FFI?

If a material breach of health and safety laws is identified during an inspection or investigation, the duty holder at fault will receive a Fee For Intervention. HSE may carry out a routine inspection on a workplace, or launch an investigation following a complaint. Anyone who owns a business is responsible for workplace health and safety, no matter the size of the business, the industry or the business model. 

• Limited companies – Businesses registered as limited companies can be charged FFI if found in breach of safety laws
• Public bodies – Public organisations may also be liable if there is a failure to meet legal health standards; this includes childcare and healthcare provisions
• Sole traders – Small businesses, for example retailers with one outlet, aren’t exempt and could face intervention fees if safety breaches occur
• Duty holders –  Any person responsible for the health and safety of a workplace can be subject to FFI charges upon enforcement action 

What Is A Material Breach?

A material breach refers to a significant violation or failure to comply with health and safety regulations that are central to maintaining a safe working environment. If there’s the potential to cause harm or risk to the health, safety or welfare of individuals in the workplace, companies may be subject to FFI. HSE will decide if such breaches are considered substantial enough that they undermine the effectiveness of safety systems or risk management practices. If they do, then Fee For Intervention could be enforced or, in the most serious cases, there may be a criminal prosecution to mitigate the risks involved.

You can be charged a Fee For Intervention when you:

1. Fail to comply with safety laws – When a company does not adhere to established health and safety laws or regulations, HSE may have to intervene, leading to an investigation and subsequent FFI.
2. Neglect risk assessments – Failing to conduct or update proper health and safety risk assessments for potential hazards in the workplace means risks are not evaluated and accidents are more likely to occur.
3. Have inadequate safety measures – Not having the necessary safety controls or procedures in place to prevent accidents, such as lack of proper protective equipment (PPE), could be considered a material breach.
4. Allow unsafe working conditions – Employers who allow unsafe conditions, such as poorly maintained machinery or by failing to store hazardous substances safely, could put employees or others at risk.
5. Fail to report accidents – Businesses must have accident investigation procedures in place, for example RIDDOR reporting, for continuous improvement.
6. Ignore notices – Improvement or prohibition notices issued by HSE inspectors must be addressed and acted upon.
7. Neglect staff training – Not ensuring that employees receive adequate health and safety training for handling risks or equipment properly puts staff at an increased risk.
8. Repeat safety violations – Continuing to breach safety regulations after receiving warnings or previous enforcement actions is likely to result in a Fee For Intervention being issued.
9. Overlook contractors – For certain industries, such as construction or manufacturing, not properly managing or ensuring the health and safety of contractors working on site is a contravention of HSE laws.
10. Disregard health and safety – Operating without any kind of structured system in place to actively manage health and safety risks shows a disregard for employee or public safety and is in breach of health and safety regulations.

How Much Is a Fee For Intervention?

The current* hourly rate of a Fee For Intervention is set at £174 by HSE. FFI is designed to  ensure that duty holders found to be in breach of any laws pay a fair yet prohibitive cost. The invoice covers the time spent by HSE inspectors identifying, researching and resolving the material breach of health and safety.

*correct as of February 2025. This rate may be subject to inflationary increases. 

To pay an FFI invoice, companies can use a variety of payment methods:

1. Bank Transfer – Details provided on the invoice
2. Debit/Credit Card – Via the HSE’s online payment portal
3. Cheque – Made payable to the HSE, sent with the invoice number referenced

Failure to pay may result in further regulatory activity and be subject to cross-government debt recovery policies. If financial hardship arises, companies can contact HSE directly to discuss their options.

Appealing Fees For Intervention

Businesses have a right to challenge a Fee For Intervention, and there’s a structured appeals process to ensure fairness and transparency. Time is of the essence, so companies should launch their appeal in a timely manner. They may also seek legal assistance or specialist advice to bolster their argument. 

Steps to appeal a Fee For Intervention:

1. Receipt of invoice – The duty holder gets an FFI invoice detailing the calculation based on the HSE’s hourly rate.
2. Make an initial query – Within 21 days of receiving the invoice, those liable can raise a query to seek clarification or provide additional information.
3. Launch a formal dispute – If the query does not resolve the issue, a formal dispute can be filed within 21 days, highlighting reasons for contesting the FFI.
4. Wait for review panel – An independent FFI disputes panel, composed of HSE representatives and external experts, will review the case.
5. Final decision – The panel’s decision will be made in writing and is final. In some cases, you might be able to escalate the issue to an ombudsman or regulatory body.

Avoiding A HSE Fee For Intervention

Complying with health and safety legislation is essential for businesses to avoid penalties. To ensure compliance and to avoid paying a Fee For Intervention, businesses should make sure they adequately manage health and safety. They can do this by:

1. Understanding legal requirements -Familiarise yourself with the relevant statutory provisions and ensure all legal standards are met.
2. Regulating performing inspections – Conduct regular health and safety audits to establish what is being done well and what could be improved.
3. Completing risk assessments – Create and maintain risk assessments to identify potential health hazards and put control measures in place to mitigate any risks promptly.
4. Organise staff training – Provide comprehensive training to employees, such as first aid training, fire marshal training, or office health and safety training. 
5. Engage a health and safety consultancy – Use a health and safety specialist to ensure compliance with regulations, and avoid enforcement action.
6. Implement safety procedures – Appoint competent persons and administer method statements to ensure all equipment and practices meet safety standards for accident prevention.

Total Compliance With Rhino Safety

Manage and maintain all aspects of workplace health and safety with expert solutions from Rhino Safety. We work with businesses of all sizes, across every sector, to ensure they remain compliant with all current HSE legislation and are not in breach of any laws. 

Talk to us today about how we can transform your health and safety protocols for a safe, compliant and effective work environment.