This guide has been prepared for all providers of first-aid at work training (both onshore and offshore) and providers of medical training (offshore installations only) who have an interest in how the charging scheme will operate. It explains how charges will be made and gives an indication of the individual charge an operator may have to pay.
1 The report of the first stage of the Government's Quinquennial Review of the Health and Safety Commission (HSC) and Health and Safety Executive (HSE) recommended that charging proposals should be formulated in respect of those 'permissioning' functions that fell within existing HSC/E charging policy but for which no charge was currently made. 'Permissioning' functions, including certification, licensing and approvals, fall within the boundary of current charging policy. The HSC, having considered the findings of HSE feasibility studies which examined the extension of charging to such activities, concluded that charging should be introduced for the approval of the:
first-aid at work training function carried out by HSE under the Health and Safety (First-Aid) Regulations 1981 (the 1981 Regulations); and
first-aid at work and medical training functions under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 (the 1989 Regulations).
Charging for the 1981 Regulations commenced from 10 October 2000 and for the 1989 Regulations from 2 April 2002.
2 The 1981 and 1989 Regulations place a duty on employers to make first-aid provision for their employees. The 1989 Regulations place a duty on employers to make first-aid and medical provisions for their employees. These regulations require employers to provide such number of suitable persons as is adequate and appropriate for rendering such assistance to their employees if they are injured or become ill at work and state that such persons shall not be suitable unless they have undergone training and obtained the necessary qualifications approved by HSE. For this purpose HSE approves training and qualifications. The details of the functions carried out by or on behalf of HSE under both sets of regulations are set out at paragraph 6.
3 Regulation 23, regulation 24 and supplementary provisions in regulation 25 of The Health and Safety (Fees) Regulations 2002 (see Annex C) gives HSE the power to charge persons/businesses applying for approval of training for the assessment of the approval application, the renewal of an approval and any subsequent visits to ascertain whether standards are being maintained. These regulations came in to force on 2 April 2002.
4 HSE, having examined the feasibility of various charging options and assessed their impact on health and safety best practice, their transparency and predictability to those who will have to pay the charge and their practicability, recommended to HSC that a system of fixed rate fees should be introduced for training approval functions and that these fees should be reviewed and updated annually. The HSC endorsed these proposals in November 1999 for the 1981 Regulations and August 2001 for the 1989 Regulations and Ministers have subsequently approved them. The costs have been calculated in accordance with Treasury rules and guidance. Details of these costs are given at paragraph 10.
