​Who FFI applies to
It applies to dutyholders where HSE is the enforcing authority. This will include:

• employers
• self-employed who put others at risk
• public and limited companies
• general, limited and limited liability partnerships
• Crown and public bodies

What is a material breach?A material breach is something which an inspector considers serious enough that they need to formally write to the business requiring action to be taken to deal with the material breach. If the inspector gives you a notification of contravention (NoC) after their visit, you’ll have to pay a fee. The NoC must include:

• the law that the inspector considers has been broken
• the reason(s) for their opinion
• notification that a fee is payable to HSE

Where an inspector simply gives you advice, either verbal or written, you won’t have to pay anything for this advice.

​The HSE’s investigation found that the company had carried out a risk assessment which identified there would be gaps in the floor through which a person could fall. However, they failed to put in place any measures to either prevent or mitigate the consequences of a fall. Such measures include the use of fixed edge protection systems to prevent falls or the use of fall arrest bags to mitigate falls.

The company pleaded guilty to breaching Section 2 (1) of the Health and Safety at Work etc Act 1974. The company was fined £20,000 and ordered to pay £1,020 in costs.
After the hearing, the HSE Inspector commented: “Falls from height often result in life-changing or fatal injuries. In most cases, these incidents are needless and could be prevented by properly planning the work to ensure that effective preventative and protective measures are in place such as edge protection or barriers built to the correct standard.
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“This incident could have easily been prevented if the company had installed adequate edge protection around the opening to prevent falls.”­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

​CSCS closed the scheme to new applicants in 2012, however those currently holding the card are able to renew on the same basis. From 1st January 2020, all new cards issued will expire 31st December 2024. The CSCS will stop issuing the card from 30th June 2024.
Graham Wren, Chief Executive at CSCS said: “Following the closure of the Construction Related Occupation card and the Construction Site Visitor Card, cards gained by Industry Accreditation are the only cards in the CSCS scheme which do not require the cardholder to achieve a recognised qualification.
“Industry Accreditation does not support industry’s desire for a fully qualified workforce and as such it will be withdrawn.”
Those without further qualifications will be required to register for the appropriate qualification for their occupation before their cards expire in 2024. The CSCS have announced this early to ensure that card holders and their employers have enough time to make the necessary arrangements. 

This is a sobering example of what happens when sufficient health and safety precautions are disregarded. This is the second tragic accident to affect a member of the public so far this year, with a young mother being killed by falling bricks in East London in March.
These cases highlight the significance of safe scaffolding practice not only to protect the workforce but also to protect unsuspecting members of the public.
Guidance on protecting the public from dangers associated with construction work can be found in the following guidance notes:
HSG151 Protecting the public – Health and Safety Executive
SG34:17 Guidance on Protection of the public - NASC
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​The HSE undertook a survey following the inspection and found asbestos, some of which was in poor condition.
Manchester Magistrates’ Court was told on 9 October 2018 that the businessman had failed to identify the risks and did not use measures to prevent asbestos exposure. In addition to the prison sentence, the property owner was sentenced to 250 community service hours and was ordered to pay £5,742 costs.

Managing wood dusts

Extraction is the most effective way of reducing the exposure to harmful wood dusts. Local exhaust ventilation (LEV) can be used on wood working machines to capture dusts before it can be spread. Extraction systems must be suitable and sufficient for the type and number of machines it is being used for.

Employees should be educated on the risks associated with wood dusts and preventative measures to be taken.
Respiratory Protective equipment should be used in certain situations as identified in the Risk Assessment specific for the task.  Where it is required, the correct type of RPE should be provided by the employer.  The user should have been ‘facefitted’ to ensure it is compatible with the wearer.

Health surveillance is a suitable way to monitor the exposure of wood dust on an individual.  This way any detrimental effects can be identified early.  Different situations will require different levels of health surveillance, from health questionnaires to lung function testing.

CSCS stated that “The withdrawal of the site visitor cards will see an increase of individuals turning up to site without a card.  We are not suggesting site supervisors and managers turn non-cardholders away from site.  If a worker is there to carry out a construction related activity then a card is required as proof of their training and qualifications. If they are there to perform a non-construction related activity it then becomes the responsibility of the site supervisors and managers to induct and supervise these people to ensure they remain safe at times when on site.”
This plan has been devised to further improve standards on worksites.  It will mean that all personnel carrying out construction related activities must have a card detailing their qualifications and accreditations to support their role.

• Construction site visitor cards issued from 3rd September 2018 will expire on 31st August 2020
• CSCS will stop issuing cards from 28th February 2020
• Construction site visitor cards issued before 3rd September 2018 will remain valid until their expiry date

​​It is alleged that the woman had been walking past the construction site when a tower crane dropped a pallet of bricks onto the ground below. The woman was taken to hospital and died of her injuries the next day.
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Both accidents illustrate the importance of preventing the fall of materials from height. Planning must be in place to prevent the fall of materials as well as the fall of personnel. Lifting and storage of materials must be planned with suitable control measures implemented to prevent the fall of materials. 

​The operative suffered fracture injuries to his spine and had to wear a back brace for eight weeks. An HSE investigation revealed that the two scaffold inspectors had not carried out the relevant inspections, before falsifying records and signing the scaffold off as safe to use.
Both scaffold inspectors pleaded guilty and were each sentenced to 170 hours community service and ordered to pay £1,500 costs. Following the hearing, the HSE inspector stated “Scaffold Inspectors are relied upon by workers and must be trusted. Falsely completing reports without carrying out a thorough inspection can lead to serious risks being missed and life changing accidents occurring.”

This incident serves as a reminder of the responsibilities that competent persons have when signing off plant and work equipment as safe to use. 

​The Bakery had agreed that the work could be completed using a stepladder, which it had provided. The Electrical Contractor fell from the stepladder and suffered fatal injuries. An HSE investigation found that the Bakery had failed to properly plan the work from the beginning.

The HSE inspector stated that “Falls from height remain one of the most common causes of work related fatalities in Great Britain; the risks associated with working at height are well known.”

“Work at height regulations require that all work at height is properly planned and appropriate access is provided. If the company had carried this out, this death could have been prevented.”
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This accident also reiterates the responsibilities of clients when construction work is taking place in their premises. Clients must ensure that the contractors they select are competent and follow safe systems of work when working in their premises.