Asbestos: Management of Exposure in Workplace Buildings and Structures: Approved Code of Practice

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A decision made 12 August 2015:

Decision Reference: MD-S-2015-0063
Decision Summary Title :	Revision of the ‘Management of Exposure to Asbestos in Workplace Buildings and Structures: Approved Code of Practice’		Date of Decision Summary:	05 August 2015
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 :	Report on the proposed revision of the ‘Management of Exposure to Asbestos in Workplace Buildings and Structures: Approved Code of Practice		Date of Written Report:	05 August 2015
Written Report Author:	Director of Health and Safety		Written Report : Public or Exempt?	Public
Subject: Revision of the existing ‘Management of Exposure to Asbestos in Workplace Buildings and Structures: Approved Code of Practice’ (Asbestos ACoP)
Decision(s): In accordance with Article 10 of the Health and Safety at Work (Jersey) Law, 1989, the Minister agreed to approve the Asbestos ACoP, with effect from 1 October 2015, and to revoke the existing Approved Code of Practice which came into force on 1 October 2009
Reason(s) for Decision: The decision by the Minister to give approval to a revised Code of Practice setting out practical guidance for duty holders under Part 2 of the Health and Safety at Work (Jersey) Law 1989 who have responsibility for workplaces or are involved with working with asbestos
Resource Implications: There are no implications for the financial or manpower resources of the States.
Action required: The Director of Health and Safety to arrange for publication of the revised Approved Code of Practice and, in accordance with Article 10 of the Health and Safety at Work (Jersey) Law, 1989, the placing of a public notice in the Jersey Evening Post to advise of the introduction of the revised Approved Code of Practice and the withdrawal of the existing Asbestos ACoP.
Signature:		Position: MINISTER
Date Signed:		Date of Decision (If different from Date Signed):

Asbestos: Management of Exposure in Workplace Buildings and Structures: Approved Code of Practice

Revision of the ‘Management of Exposure to Asbestos in Workplace Buildings and Structures: Approved Code of Practice’

Background to the Asbestos ACoP

The Asbestos ACoP came into force on 1 January 2005, and was revised in 2009.

Asbestos is classified as a Class 1 carcinogen, and asbestos-related diseases remain the single highest cause of work-related deaths in the UK, with over 5000 people a year currently reported to be dying from work-related asbestos disease.

Asbestos-containing materials were used widely in the construction of buildings and structures in Jersey, and many of these materials are still present in workplaces today. The need to manage the potential for exposure to asbestos in the workplace, and ensure that adequate and effective safeguards are taken to control exposure to asbestos for persons who work with asbestos- containing materials therefore remains of the upmost importance.

Application of the Health and Safety at Work (Jersey) Law 1989

Part 2 of the HSW Law places general duties on various parties involved with working activities, including employers, the self-employed, employees and those in control of workplace buildings. Article 10(1) of the Law provides for the Minister of Social Security to approve Codes of Practice for the purposes of providing practical guidance on the requirements of the Law.

The Asbestos ACoP provides practical guidance for all persons who have duties under Part 2 of the HSW Law and are owners or occupiers of premises or carry out undertakings that could result in exposure of persons to asbestos fibres.

Whilst a failure to meet the provisions set out in an ACoP is not in itself an offence, Article 11 of the Law provides for the introduction of the ACoP as evidence in any criminal proceedings.

Revision of the existing Asbestos ACoP

It is 6 years since the Asbestos ACoP was last revised. Since that time there have been changes in the equivalent UK legislation and guidance, as well as developments in the understanding of effective controls and industry accepted safe working practices. Whilst none of these have resulted in significant changes to the principles of effective management of exposure to asbestos fibre it is considered a prudent time to review and revise the current ACoP to reflect the changes in the UK (where appropriate), update references and remove outdated guidance.

Key amendments

The terminology and format has been simplified to make the guidance clearer and easier to understand
The import, use, reuse, sale and export of any asbestos and any asbestos-containing materials has been explicitly prohibited, except for the removal, remediation and disposal of asbestos waste in a prescribed manner
Guidance on the assessment of competence of asbestos surveyors has been updated to reflect currently available competency schemes
Revised guidance on the packaging of non-licensed asbestos waste for disposal has been provided. To facilitate disposal at the waste facility administered by TTS at La Collette, non-licensed waste only may be double bagged using two clear UN approved bags providing a red asbestos bag or printed label (with the same information as the bag is securely attached) to indicate it is asbestos waste. Licensed waste will still need to be double bagged using suitable UN approved bags, with a red inner bag and a clear outer bag

Recommendation

It is recommended that the Minister for Social Security approve the revision of the ACoP.

A notice will be published in the Gazette, with copies of the ACoP available to download free of charge from the Inspectorate website. Hard copies of the ACoP will be available, free of charge, from the Health and Safety at work Inspectorate.

Director of Health and Safety

05 August 2015