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HEP meaning

Published by a LexisNexis Energy expert
What does HEP mean?
HEP (Human Error Probability) describes, in legal practice concerned with health and safety law, a quantified estimate of the chance that a person (typically an operator) will perform a defined task incorrectly or fail to perform it. It is used in risk assessments, safety cases and ALARP/SFAIRP analyses to evidence whether risks have been reduced so far as is (reasonably) practicable, and in expert evidence on foreseeability, causation and the adequacy of controls. HEP is not defined in legislation or case law; it is a descriptive engineering measure derived from human reliability analysis. It assigns a probability to a specific action in a stated context, taking account of factors such as time pressure, complexity, training and procedures. It is commonly applied in high-hazard sectors (e.g. nuclear, chemical, offshore, rail, aviation and healthcare) when demonstrating legal compliance with health and safety duties. Across England & Wales, Scotland, Northern Ireland and Ireland, usage is broadly consistent, though regulatory frameworks differ. In all jurisdictions, HEP can inform decisions on reasonably practicable risk reduction, underpin safety reports and regulatory submissions, and support or challenge claims and enforcement by showing whether a human error was foreseeable and what barriers or safeguards were justified.
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NEWS
UK FTT upholds HMRC on NIC host employer provisions: Aramark liable for secondary Class 1 NICs due to day-to-day control; consistent with Bilfinger

Aramark Ltd v HMRC [2024] UKFTT 832 (TC) Aramark (A), the appellant, was a company established in the UK within a group led by a US corporation. Its operations encompassed catering and hospitality support for offshore oil and gas installations located in the North Sea. It supplied personnel (the ‘crew’), goods, and equipment, including food provisions and housekeeping consumables, to the operators of those installations and, from 2004, it did this by drawing upon resources supplied by a non-UK group member company (OSI). Pursuant to the arrangement between A and OSI, employees who had previously been directly engaged by the appellant to service the operators’ contracts were transferred to OSI. The commercial purpose was to remove the cost of secondary Class 1 NICs so that A remained competitive. The question for the FTT was whether the host employer provisions (HEP) applied to A in respect of...

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