UK: Fees For Intervention: Are You Prepared For A Visit From The HSE? (Video)

It's been almost five years since the HSE introduced fees for intervention. At the time this was introduced in October 2012, the HSE proposed to bring in revenue of around £43 million. However, in the three years that this has been running, they have only invoiced £35 million, of which £26 million has been collected.

Our health and safety expert and partner, Andrew Litchfield, sat down with John Southall to discuss the future of the HSE's operation and what businesses should be doing if they receive a visit from the HSE regarding fees for intervention.


John Southall: So, Andrew - we are here today to talk about fees for intervention. Fees for intervention were introduced back in 2012 by the HSE (October 2012), at that time, introduced for two reasons really: one, to generate an income stream for the HSE. The secondary reason was to obviously increase compliance, hopefully, throughout industry by having another mechanism by which people could feel a bit of pain.

At that time the HSE proposed (or expected) to bring in revenue of around about £43m per year. Actually, in the three years that this has been running, they have now only invoiced £35m and, out of that, they have only collected £26m of that money, so way below the targets that they have set.

How do you think that is going to affect the HSE's operation, going forward?

Andrew Litchfield: So what I think we have seen are inspectors increasingly looking to charge for as much of their time as possible, finding material breaches where, perhaps, in the past, they would otherwise have just given a bit of informal advice that we are now seeing more letters written after a visit alleging a material breach and expecting the business to rectify and then to refund the HSE for their time, and I think, given the figures you suggested, about how successful they have been with recovering the money, we are going to see more of that in the future.

John: I think from our point of view, as a consultancy business supporting lots of businesses around the UK, we are certainly seeing, as you say, more appetite for material breach letters being written, and I think what that is leading to is a negative impact. Businesses are now less inclined to invite the HSE in to have a chat about a particular issue. We have certainly seen, in one case, the HSE were invited in to have a look at something that the business thought were doing well, and ended up in a situation where there was a material breach recognised, which I do not think is useful for anybody involved.

Going forward, then, what do we think businesses should be doing if they have a visit from the HSE regarding fees for intervention?

Andrew: So I think, if you are in the construction sector or in manufacturing, for example, that is where a lot of the inspections still take place, so if you are in those sectors, I think you need to expect a visit from the HSE, sooner rather than later, and you need to expect them to be looking for a material breach, and so it is really important that as soon as the HSE arrive on site, be aware that, although it might be a visit about one topic, they might branch off and look at absolutely everything, so be aware and be ready for that when they arrive. Engage in debate with the HSE. Do not be fearful about pushing back if you feel that what they have found or what they are commenting on is, in fact, okay and not a material breach, and be prepared to engage in argument with them, or debate with them as to how you need to be complying, and if possible, if there is something that can be fixed very quickly and very easily, then fix it there and then, because it reduces the amount of time spent on the issue and that will reduce the amount of the invoice.

John: I think the other interesting thing to mention, really, to close, is this idea of a material breach. We can talk for hours about what a material breach is because even the HSE are finding it difficult to kind of define what that is. I think, in summary, what they are saying is it is a legal contravention that they have found. The difficulty then, we have certainly identified, is that if you get a letter which is a fee for intervention, (a) it is a civil matter, so it is not a fine, so they have got to collect it through a civil court if you refuse to pay, but, secondly, if you are a commercially-minded organisation, you think "You know what? Actually, I am not going to upset my enforcing agency - I am simply going to pay the £500/£600/£1,000 fee", what is your advice to those businesses?

Andrew: So I think there is a distinction to be drawn between the principle of whether something is a material breach or not, and the commercial decision about whether to pay the invoice. There is a risk that payment of the invoice might be used in the future to argue that there was an acceptance that there was a material breach, so I think it is important, if you disagree, to write to the HSE to say we disagree that that was a material breach, and explain why, but then also say, if you have chosen to pay the invoice, that paying the invoice should not be taken as an admission that that material breach had taken place.

The other thing to do, of course, is to look carefully at the invoice and look at the amount of time on the invoice. The HSE should only be recovering their reasonable expenses, so look at the amount of time and also, if you feel strongly, dispute with them the amount of time they have spent on it.

John: Super. Okay, thank you, Andrew - I mean, one thing is clear: this is going to continue, so, until next time, thank you.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Events from this Firm
14 Sep 2017, Seminar, Birmingham, UK

Has Cloud replaced traditional outsourcing models? We will compare cloud to outsourcing, consider whether they have effectively become the same thing for many solutions and assess some of the advantages and disadvantages of each model.

18 Sep 2017, Seminar, London, UK

Our annual event as part of the London Design Festival is now in its fifth year. We would be delighted if you are able to join us again.

21 Sep 2017, Seminar, London, UK

Has Cloud replaced traditional outsourcing models? We will compare cloud to outsourcing, consider whether they have effectively become the same thing for many solutions and assess some of the advantages and disadvantages of each model.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.