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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Health and Safety (Asbestos-Licensing) (Jersey) Regulations, 2008: PPS Limited: 3 Year Licence

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 4 July 2013:

Decision Reference: MD-S-2013-0061

Decision Summary Title :

To approve the granting of a licence to work with asbestos to PPS Limited

Date of Decision Summary:

3rd July 2013

Decision Summary Author:

 

Director of Health and Safety

 

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

To approve the granting of a licence to work with asbestos to PPS Limited

Date of Written Report:

3rd July 2013

Written Report Author:

Director of Health and Safety

 

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  To grant a licence to work with asbestos to PPS Limited.

Decision(s): The Minister approved the application by PPS Limited for a licence to work with asbestos under Regulation 3 of the Health and Safety (Asbestos-Licensing) (Jersey) Regulations, 2008.  The licence is issued for a period of 3 years with effect from the 16th July 2013 subject to the normal standard conditions.

Reason(s) for Decision: PPS Limited has been assessed as having the necessary knowledge to undertake 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 PPS Limited.

 

Signature:

 

 

Position:

 

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Health and Safety (Asbestos-Licensing) (Jersey) Regulations, 2008: PPS Limited: 3 Year Licence

 1

To approve the renewal of a licence for work with asbestos to PPS Limited

 

 

1. SUMMARY

 

The licence granted to PPS Limited under the Health and Safety at Work (Asbestos – Licensing) (Jersey) Regulations, 2008 (Asbestos Regulations), is due to expire on the 15th July 2013.   As a new applicant, PPS Limited was granted a one year licence in July 2012 and, over the past 12 months, is considered to have performed to a satisfactory standard.

 

The Minister is therefore requested to consider issuing a new 3 year licence under the Asbestos Regulations, to PPS Limited, for work with licensed asbestos materials.

 

2.               BACKGROUND

 

Exposure by individuals to asbestos fibres is acknowledged as giving rise to the risk of developing a range of diseases including lung disease and cancer.

 

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

 

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

 

In 2012, the Minister issued a new applicant, PPS Limited, with a one year licence with effect from the 16th July 2012, to work with asbestos.  PPS Limited has now applied for this licence to be renewed.

 

The process for licence application and renewal is 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, good practice as described in the Jersey and UK Approved Codes, industry best practice and the licence applicant’s own operating standards.  The policy also states that new applicants be granted a one year licence.  Subject to satisfactory performance, the term of the licence is extended to 3 years from the time of renewal.

 

For the period to the end of June 2013, PPS Limited notified the Health and Safety at Work Inspectorate of 28 asbestos removal contracts.  The Inspectorate is not aware of any particular difficulties arising from these contracts.  The assessment process has also identified that PPS Limited is working to appropriate standards. 

 

 

Five standard conditions are placed on all licences which are issued.  These conditions require 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 an appropriate member of staff and that the asbestos waste is disposed of in an approved manner.

 

3. RECOMMENDATION

 

It is recommended that PPS Limited be granted a licence, subject to the five standard conditions, to carry out work with asbestos for a 3 year period, commencing the 16th July 2013.

 

 

 

 

 

Colin Myers

Director of Health and Safety

 

Social Security:  22nd October 2010

File No.  3/16

Colin Myers

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