Asbestos Licensing: Approval of Application

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 20 July 2016:

Decision Reference: MD – S – 2016 - 0048
Decision Summary Title :	To approve the granting of a licence to work with asbestos to PPS Limited		Date of Decision Summary:	20 July 2016
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:	18 July 2016
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 20 July 2016 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: MINISTER
Date Signed:		Date of Decision (If different from Date Signed):

Asbestos Licensing: Approval of Application

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

SUMMARY

The licence granted to PPS Limited under the Health and Safety at Work (Asbestos – Licensing) (Jersey) Regulations, 2008 (Asbestos Regulations), expired on 15 July 2016.

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

BACKGROUND

Exposure to airborne asbestos fibres, generated when asbestos containing materials are damaged or disturbed, can result in fatal and serious diseases including mesothelioma, asbestos-related lung cancers, asbestosis and pleural thickening. Work-related asbestos exposures currently kill approximately 5000 workers every year in the UK.

As a result of concerns over potential exposure to asbestos in the workplace, the States introduced Regulations in 1997 restricting work with certain ‘higher risk’ 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 high risk asbestos materials, 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 16 July 2012. The company was subsequently issued with a 3 year licence in 2013. PPS Limited has now applied for a new licence following the expiration of its previous licence on 15 July 2016.

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.

For the period July 2013 to July 2016, PPS Limited notified the Health and Safety at Work Inspectorate of 155 asbestos removal contracts. The company was subject to formal enforcement action, in the form of an Improvement Notice, on 2 December 2013. This related to a failure to provide adequate arrangements for the supervision of a licensed asbestos removal project. The company took immediate steps to remedy the situation, and has continued to build resilience to ensure a similar situation cannot arise.

The Inspectorate is not aware of any significant difficulties arising from subsequent 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.

RECOMMENDATION

It is recommended that the Minister issue PPS Limited with a licence, subject to the five standard conditions, to carry out work with asbestos for a 3 year period, commencing the 20 July 2016.

Tammy Fage

Director of Health and Safety