Asbestos: Approve the granting of a licence to TFM Facilities Management Limited

Information about the publication of Ministerial Decisions

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

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 18 January 2020

Decision Reference: MD-S-2021-0004
Decision Summary Title :	To approve the granting of a licence to work with asbestos to TFM Facilities Management Limited		Date of Decision Summary:	14 January 2021
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 a licence to work with asbestos to TFM Facilities Management Limited		Date of Written Report:	12 January 2021
Written Report Author:	Director of Health and Safety		Written Report : Public or Exempt?	Public
Subject: To grant a licence to work with asbestos to TFM Facilities Management Limited
Decision(s): The Minister approved the application by TFM Facilities Management Limited for a licence to work with asbestos under Regulation 3 of the Health and Safety (Asbestos-Licensing) (Jersey) Regulations, 2008. The licence, which is subject to the five standard conditions, is issued for a period of 3 years with effect from the 1 February 2021
Reason(s) for Decision: TFM Facilities Management Limited has been assessed as having the necessary knowledge and experience 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 TFM Facilities Management Limited
Signature:		Position: MINISTER FOR SOCIAL SECURITY
Date Signed:		Date of Decision (If different from Date Signed):

Asbestos: Approve the granting of a licence to TFM Facilities Management Limited

To approve the ISSUE of a licence for work with asbestos to TFM Facilities Management Limited

SUMMARY

The licence granted to TFM Facilities Management Limited (TFM) under Regulation 3 of the Asbestos–Licensing (Jersey) Regulations, 2008 (Asbestos Regulations), is due to expire on 31 January 2021. An application has been received from TFM to renew the licence.

As a new applicant, TFM was granted a one year licence in January 2019. In July 2019 there was a significant change to the senior management of the company. Whilst a positive step in further developing in-house competence and experience in this specialist area of work, the extent of change was considered such that the subsequent application to renew the licence, in January 2020, was treated as a new applicant to enable further review of the management arrangements after a year.

Over the past year TFM Facilities Management Limited is considered to have performed to a satisfactory standard. The Minister is therefore requested to consider issuing a three year licence under the Asbestos Regulations, to TFM Facilities Management Limited, for work with licensed asbestos materials.

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.

TFM Facilities Management Limited, a new company set up in 2019 specifically to undertake work with asbestos-containing materials, has held a licence since January 2019. The company has now applied to renew its current licence, which expires on 31 January 2021.

The process for licence application and renewals is carried out In accordance with 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 and industry best practice, and the licence applicant’s own operating standards.

Throughout 2020, whilst having to manage the additional challenges imposed by Covid-19 pandemic, TFM Facilities Management Limited carried out one of the Islands most complex, multi-phased licensed asbestos removal projects at the former Fort Regent swimming pool, as well as notifying an additional 13 licensed removal projects.

Following a formal assessment of the company’s management arrangements and asbestos competencies, including a review of inspections of paperwork and live asbestos removal work undertaken through the year, it is considered appropriate to issue the applicant a three-year licence.

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 Plan of Work 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.

RECOMMENDATION

It is recommended that TFM Facilities Management Limited be granted a licence, subject to the five standard conditions, to carry out work with asbestos, for 3 years commencing on 1 February 2021.

Tammy Fage

Director of Health and Safety