Health and Safety (Asbestos-Licensing) (Jersey) Regulations 2008: Grant of licence

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A decision made 28 February 2019:

Decision Reference: MD-S-2019-0011
Decision Summary Title	To approve the granting of a licence to SAL Scaffolding Limited to carry out scaffolding work which is ancillary to licensable asbestos removal		Date of Decision Summary:	25 February 2019
Decision Summary Author:	Director of Health and Safety		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title	To approve the granting of an ancillary asbestos licence to SAL Scaffolding Limited		Date of Written Report:	15 February 2019
Written Report Author:	Director of Health and Safety		Written Report : Public or Exempt?	Public
Subject: To grant an asbestos licence to SAL Scaffolding Limited to carry out scaffolding work which is ancillary to licensed asbestos removal work where it is foreseeable that the scaffolding activity is likely to disturb the asbestos
Decision(s): The Minister approved the application by SAL Scaffolding Limited for a licence to work with asbestos under Regulation 3 of the Health and Safety (Asbestos-Licensing) (Jersey) Regulations, 2008. The licence is restricted to the carrying out of scaffolding activities which are ancillary to asbestos removal and where there is a foreseeable risk of disturbing asbestos. The licence is issued for a period of 1 year with effect from the 25 February 2019
Reason(s) for Decision: SAL Scaffolding Limited has been assessed as having the necessary knowledge and experience to undertake ancillary scaffolding work with asbestos which is subject to the Health and Safety (Asbestos-Licensing) (Jersey) Regulations, 2008
Resource Implications: There are no implications for the financial or manpower resources of the States.
Action required: The Director of Health and Safety is to arrange for the licence to be issued to SAL Scaffolding Limited
Signature:		Position: MINISTER FOR SOCIAL SECURITY
Date Signed:		Date of Decision (If different from Date Signed):

Health and Safety (Asbestos-Licensing) (Jersey) Regulations 2008: Grant of licence

To approve the ISSUE of aN ancillary asbestos licence to SAL SCAFFOLDING Limited

SUMMARY

An application for a licence under Regulation 3 of the Asbestos–Licensing (Jersey) Regulations, 2008 (Asbestos Regulations), has been received from SAL Scaffolding Limited. The application is for a licence to carry out work which is ancillary to licensable asbestos removal work, and restricted to the carrying out of scaffolding activities where it is foreseeable that the scaffolding activity is likely to disturb asbestos.

As a new applicant, SAL Scaffolding Limited has undergone a formal assessment of its management arrangements and asbestos competencies by the Health and Safety Inspectorate, and been able to demonstrate that appropriate systems are in place.

The Minister is therefore requested to consider issuing a one year licence under the Asbestos Regulations to SAL Scaffolding Limited for scaffolding work which is ancillary to licensable work with asbestos, and where it is foreseeable that the scaffolding activity is likely to disturb the asbestos.

BACKGROUND

Asbestos is a class 1 carcinogen, and exposure to airborne asbestos fibres can lead to a range of diseases including fatal lung cancers.

As a result of concerns over potential exposure to asbestos in the workplace, the States introduced Regulations in 1997 which restrict work with certain asbestos-containing materials to those who are licensed. The original 1997 Regulations were replaced by the Asbestos Regulations, which came into force on 5 February 2008.

Regulation 3 of the Asbestos Regulations provides for the Minister to issue licences for work with asbestos insulation, asbestos insulation board and asbestos coatings, and permits the Minister to determine the period of the licence and attach such terms and conditions to the licence that the Minister considers appropriate.

SAL Scaffolding Limited, a local company set up specifically to undertake scaffolding work which is ancillary to licensable work with asbestos-containing materials, has applied for a licence under Regulation 3. The Board of Directors represents a partnership between an established local company and the holder of ancillary scaffolding licence issued under the UK Control of Asbestos Regulations 2012.

The process for the licence application has been carried out in accordance with the policy set out in the Health and Safety Inspectorate document ‘Asbestos Licence Assessment Guide’ which assesses the applicant against benchmarks drawn from legal standards, guidance set out in the relevant Jersey and UK Approved Codes and industry best practice. The policy states that, subject to a satisfactory assessment interview, new applicants be granted a one year licence.

The licence would be subject to the five standard conditions typically placed on licences that are issued, ie a requirement for the licence to be made available for inspection; the Inspectorate to be notified of the work; the preparation of a detailed method statement for the work; the need to ensure that all work is supervised by a competent employee, and that the asbestos waste is disposed of in an approved manner. The licence issued to SAL Scaffolding Limited would contain an additional condition limiting the application of the licence to scaffolding activities which are ancillary to licensed asbestos removal work, and where it is foreseeable that the scaffolding activity is likely to disturb the asbestos.

RECOMMENDATION

It is recommended that SAL Scaffolding Limited be granted a licence, subject to the six conditions above, to carry out scaffolding work which is ancillary to licensable work with asbestos, where it is foreseeable that the scaffolding activity is likely to disturb the asbestos. The licence would be valid for a 1 year period, commencing on 25 February 2019.

Tammy Fage

Director of Health and Safety

Social Security: 22nd October 2010

File No. 3/16

Colin Myers