Application of Fee For Intervention to the Public Electricity Supply and Distribution System

Summary

This guide describes how Fee for Intervention (FFI) will be applied in relation to HSE’s regulatory activities associated with the Public Electricity Supply System. The document explains the principles associated with HSE’s regulatory activities, how and when FFI will apply and some examples of application.

Introduction

This guide describes how Fee for Intervention (FFI) will be applied in relation to HSE’s regulatory activities associated with the Public Electricity Supply System.

HSE enforces health and safety legislation in connection with Public Electricity Supply System including Health and Safety at Work Act (HSWA), and the Electricity at Work Regulations (EAWR).

As part of the Hampton review to reducing overlapping functions of regulators, in 2006 an Agency Agreement was made, between the then DTI (now DECC) and HSE, that HSE would carry out certain regulatory functions of the Electricity, Safety Quality and Continuity Regulations (ESQCR). The Agency Agreement clarifies that HSE will regulate the health and safety functions only, specifically in relation to contraventions in the course of a work activity by an employer, employee or self- employed person as it affects public safety, whether the public are at work or leisure. These functions are those within the scope and vires of HSWA. Other regulatory functions remain with the DTI, eg those relating to security and continuity of supply.

Application of FFI to Public Electricity Supply and Distribution System

Principles

1. HSE will carry out regulatory activities associated with the electricity supply system in accordance with Good Health and Safety, Good for Everyone and HSE’s plan and priorities.
2. When deciding whether FFI applies, inspectors should refer to the guidance for inspectors on the application of FFI.
3. In reaching their opinion, inspectors will apply the Operational Procedure relating to Enforcement Decisions. Staff making enforcement decisions must understand and apply the Enforcement Policy Statement (EPS) and the Enforcement Management Model (EMM).
4. Fee for Intervention will apply where there has been a material breach of health and safety law (HSWA and/or regulations made under HSWA, known as the 'relevant statutory provisions' (RSPs). A material breach is, when in the opinion of the HSE inspector, there has been a contravention of health and safety law (HSWA and/or RSP's) that requires them to notify the person of that opinion in writing.
5. HSE will cost recover under FFI where there is a material breach of functions under HSWA and its relevant statutory provisions including those which overlap with ESQCR. HSE will not cost recover where the material breach relates only to ESQCR.
6. HSE will determine when there is when a material breach of HSWA in accordance with the process set out in the EMM.

When does FFI apply?

Whether FFI applies will depend on the specific circumstances of individual situations as described above.

Activities which are generally cost recoverable under FFI include:

• Any regulatory activities (eg inspection, investigation) where HSWA and its relevant statutory provisions apply or HSWA functions are being used; and it has been determined that there is a material breach. 

Activities which are generally not cost recoverable under FFI include:

• Any ESQCR notices and activities needed to resolve the breach arising from such notices where this is the only material breach.
• Any ESQCR prosecution and the activities associated with any such prosecution where this is the only breach.
• Any investigation associated with theft or suicide unless this leads to the discovery of a material breach in relation to S3 HSWA.
• Any activity undertaken in relation to the failure to notify an incident under ESQCR, although the investigation of the incident itself may be cost recoverable if it involves a material breach of HSWA.
• Activities undertaken whose only purpose is in support of a Coroners Inquest or Fatal Accident Inquiry.
• Any activities where HSE is acting in support of a Local Authority.