There is much chatter, in MRW CIWM and elsewhere, about concern of the plan by HSE to recover inspection costs from companies that break health and safety rules, fearing that this could lead to waste companies facing unfairly high bills.

The plans have been widely publicised. Predicated on the idea that those who comply properly with H&S rules should not have to subsidise those who flout the rules, the implementation of direct costs is becoming the new way of things. However, there needs to be some considerable checks and controls.

• Is the intervention by HSE, and the fee that will go with it, backed by sound evidence-based or authoritative judgement?
• Can it be fairly and reasonably challenged without immediate and massive escalation of costs that would be a barrier to justice?
• Who makes the decision in the event of challenge?
• Will an even hand be evident in regulation?
• Will the charges applied for intervention be moderated by some demonstrable degree of efficiency, or extended unreasonably, by intention or simply by inefficiency but at the expense of the ‘payee’?
• What are the FFI quality indicators?

Many safety issues have no black and white answer but instead are so multi-factorial in nature that several different routes to resolution might be possible. Some may be better than others. That does not matter, as long as the end result is prompt and satisfactory correction of any unsafe condition.

Where trouble may arise is in those cases where differing views arise in the route to remediation. If a proposed resolution does not meet with the expectation or wishes of an individual inspector then trouble may arise. It may be right or wrong, and there will be considerable angst while an agreed resolution is negotiated. Sadly, the next inspector may disagree and require something entirely different.

All of this should not affect most vehicle- and plant-related issues that are generally straightforward. However, with biological safety and hygiene matters things may not be so clear cut. Expert assistance may be required to support companies in their management of H&S issues, indeed to challenge on occasions the opinions of an HSE inspector with regard to the problem and separately to its possible resolution.

The difficulty, in fairness to HSE inspectors, is that they cannot be expert in every field – a problem that arises all too frequently with EA staff who are required to intervene in issues about which they may have little or no expertise or understanding.

That is just how it is. But things may become contentious when disagreement arises about an unsafe condition and its remediation. All the time, the meter is running with rapidly escalating and rather hefty charges that go far beyond marginal cost.

In most cases, the simple answer will be to plan and act in a planned safe and fully compliant way. However, there will be areas of disagreement where specialist guidance is required to both parties. Ultimately, the Courts must decide the outcome of any disagreement or uncertainty.