I'm writing an article about the HSE Cost Recovery scheme which is coming into force next month and I'm looking to try and use an example of a material breach to demonstrate how the system will work but not having had much dealing with the HSE and breaches I'm struggling to come up with a good example, any help would be much appreciated. Thanks Martin

Being a Licensed Asbestos Removal Contractor we perceive ourselves as an 'easy target' for the HSE as we are required to notify them how/ what/ where we are doing under CAR2006. So we fully expect them to come visiting. I'm sure other LARCs feel the same.

Personally I don't think it's going to happen by April. Hopefully not at all but nothing has gone through parliament yet so April seems doubtful. You could look at some topic packs which are given to new inspectors as these include reference to the expected enforcment level. Do a search on "topic pack" on hse web site and have a look at a few. You could also try the EMM and put some scenarios of your workplace through it. Have a look at the online version as it contains examples of what constitutes nominal to extreme risk gap. Page 27 explains the enforcement expectation which is largely dependant on the inspectors opinion of the risk (backed up y topic pack) and whether the control measures are explicit in legislation or ACoP's (established) or industry guidance (defined). A material breach is where - in the inspectors opinion and backed up by EMM - there is a breach that requires some sort of enforcement action other than verbal advice. Notices will be straight forward as the requirements for issuing them are the same and the recipient can go to a tribunal if they think it's unfair as well as the internal procedure). What might be a little more challenging for HSE will be to explain to dutyholders why they are being charged for the letter or instant visit report. Examples of situations where letters maybe sent can be found in the topic packs but letters may also be sent where an inspector uses discretion to not issue a notice but may want to ensure continuing compliance. From what I've seen, there is no change to the way inspectors work or the ability for them to use discretion as to when and where to issue notices. There is no change to working procedures, no targets. And of course, the topic packs are quite clear in what HSE expects it's staff to do wrt enforcement on particular issues so it would be difficult to deviate from that. I'm pretty confident that the way Inspectors work will not change as they will have to justify the decisions in the same way that they do now with respect to the current legislation and guidance. I'm sure some would disagree and would like to think that Inspectors will be out looking for money but that's not how they work. Most, if not all, do not want this. Personally, neither do I but I can see why someone somewhere thinks it's a good idea to make those who cut corners and ignore H&S legislation pay for the advice and time spent by the enforcing authority. It's funny how most of these pay an accountant to ensure they comply with some legislation but won't pay for a consultant. Oh and the asbestos industry and other permissioning/licensed industries are exempt where the work is already covered by the license. Not sure about unlicesned work that they may engage in though. As for being "easy targets" - what makes you think they'll inspect you more than they already are? The license fee covers the assessment and any subsequent inspections. Most licensed industries get much more visits than the asbestos industry but I'm sure that as you've been through the licensing process your company will be exemplary and should have no need to worry about enforcement as your systems will be exemplary.........

No. The HSE receive none of the fine and sometimes very little costs so there is no incentive to either take or not take prosecutions. There is the potential for judicial review of all HSE's actions and a failure to prosecute must be backed up with a clear decision trail and vice versa.

But what will happen if Inspectors are given targets? For example they should genrate £x from cost recovery outside of proscutions.... I would have thought that could lead to a change in behaviour! Only recently the Red Top papers were full of a case about a whistle blowing parking warden (or whatever he was called) who - it was alleged - was sacked because he failed to meet his "performance targets". Phil

As for targets HSE hopes to raise £45 million or approx £100 000 ber inspector. Of course with all these schemes CCTV, ID cards, DNA taking etc you have nothing to fear, the goverment is your friend, and its only bad people who will be affected or is that effected?

Pity it's not INFECTED.