Under FFI, since last month the Health & Safety Executive can charge companies whose premises it visits if its inspectors manage to find any safety faults.
Three trade associations representing fit-out contractors have come together to seek clarification on the policy as they believe their members are being “unfairly targeted”.
The Association of Interior Specialists (AIS) is working with the National Association of Shopfitters (NAS) and the Federation of Plastering & Drywall Contractors (FPDC) to push the HSE for clarification.
AIS chief executive David Frise said: “I believe it is right that those who break the law should pay their fair share of the costs to put things right but I am uncertain as to how fair the system is – what exactly constitutes a material breach serious enough for HSE to notify in writing? It appears to be highly subjective and open to the interpretation of the inspector. Realistically, if you look hard enough you are likely to find a breach of HSE regulations on most sites.”
FPDC interim director Steve Halcrow added: “Health and safety is of paramount importance on any construction site and we'd support any improvements in its implementation. However, we are concerned that the current proposals to adopt the FFI scheme could unfairly penalise specialist subcontractors. It is essential that a clear set of guidelines outlining what is required is put into action by the HSE. The HSE also needs to ensure probity as we see the need for an independent third party to monitor the scheme and ensure it is applied fairly and avoids being seen as tax to generate income.”
NAS director Robert Hudson said: "The corner stone of this legislation is the term ‘material breech’. How can we advise our members on a strategy of compliance when the HSE are unable to provide a definitive explanation? To the untrained eye, it would appear to be a licence to print money. The industry needs firm and friendly guidance, not the subjective judgement of an inspector looking to raise another invoice.”
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