If the panel doesnt approve the appeal, the dutyholder must pay the adjudication costs at 129 an hour. Following a recent application for a judicial review by the OCS Group UK (OCS) , however, the HSE is now to consult on making the process fully independent. OSHA Hoisting and rigging safety OCS Group UK On 20 September 2016, OCS was granted permission to proceed with a judicial review of the FFI dispute process, arguing that the HSE was effectively judge in its own cause. OCSs application related to a notice of contravention it received in August 2014 over its use of strimmers at Heathrow airport, where the HSE alleged that it had breached Regulations 6(2) and 7(2) of the Control of Vibration at Work Regulations 2005. The HSE then issued OCS with invoices amounting to 2306, in relation to it costs of investigation (as entitled to under the FFI scheme). OCS disputed that it was in material breach of the regulations. The dispute was heard in front of the FFI dispute panel (consisting of two members from the HSE and one independent member) who found in favour of the HSE. OCS did not oppose the idea of the FFI, but questioned the fairness, independency and transparency of the process, and as such, applied for permission for a judicial review. The judicial review hearing was scheduled for 8 March 2017, however, prior to the scheduled hearing the HSE settled the case with OCS. A consent order was agreed with the HSE, in which the initial FFI notification of contravention was withdrawn, and the HSE was to pay OCSs costs. The HSE also agreed to introduce a revised process for determining disputes on or before 1 September 2017.
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