Health and Safety (Asbestos-Licensing) (Jersey) Regulations, 2008: Grant of Licence to PPS 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 12 July 2012:

Decision Reference:
Decision Summary Title :	To approve the granting of a licence to work with asbestos to PPS Limited		Date of Decision Summary:	11th July 2012
Decision Summary Author:	Colin Myers 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:	11th July 2012
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 Ltd 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 one year with effect from the 16th July 2012 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: Grant of Licence to PPS Limited

To approve the GRanting of a licence to UNDERTAKE work with asbestos to PPS LImited

1. SUMMARY

A new applicant, PPS Limited, has applied for a licence, under the Health and Safety at Work (Asbestos – Licensing) (Jersey) Regulations, 2008, to work with asbestos. PPS Limited has undergone an assessment process which has concluded that it has the necessary knowledge and experience to work in accordance with the standards required for such work.

The Minister is, therefore, requested to consider granting a licence to work with asbestos to PPS Limited, for an initial period of one year, under Regulation 3 of the Health and Safety at Work (Asbestos – Licensing) (Jersey) Regulations, 2008.

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 has introduced prescriptive Regulations, the Health and Safety at Work (Asbestos – Licensing) (Jersey) Regulations, 2008. These Regulations place restrictions on work with certain types of asbestos to those who have been licensed by the Minister, or UK regulatory authorities whose licence has been approved by a Health and Safety Inspector.

Regulation 3 of the Health and Safety at Work (Asbestos – Licensing) (Jersey) Regulations, 2008, 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.

PPS Limited has applied for a licence to work with asbestos under Regulation 3. The process for review of its licence application was 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. This assessment identified that PPS Limited was able to demonstrate that it was able to work in accordance with the appropriate standards. If granted a licence, PPS Limited is intending to employ an experienced supervisor, who took part in the assessment process. The supervisor is well known to the Inspectorate having worked for UK asbestos removal contractors who have carried out work in the Island.

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.

The Asbestos Licence Assessment Guide also sets out that new applicants are only issued with a one year licence.

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 an initial one year period with effect from the 16th July 2012.

Colin Myers

Director of Health and Safety

Social Security: 11th July 2012

File No. 3/16