Health and Safety (Asbestos-Licensing) (Jersey) Regulations 2008: Granting of licence to TFM Facilities Management Limited

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A decision made on 9 January 2020

Decision Reference: MD - S - 2019 - 0105
Decision Summary Title	To approve the granting of a licence to work with asbestos to TFM Facilities Management Limited		Date of Decision Summary:	19 December 2019
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:	19 December 2019
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 13 months with effect from the 1 January 2020
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
Date Signed:		Date of Decision (If different from Date Signed):

Health and Safety (Asbestos-Licensing) (Jersey) Regulations 2008: Granting of licence to TFM Facilities Managment Limited

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 December 2019. 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 is considered such that this application has been treated as a new applicant and a further review of the management arrangements carried out in a year.

The Minister is therefore requested to consider issuing a one 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. 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, as a new applicant the company was granted a one year licence.

Following an application to renew their licence TFM has undergone a formal assessment of its management arrangements and asbestos competencies by the Health and Safety Inspectorate, and been able to demonstrate appropriate systems are in place. Due to significant changes in the management structure, however, it is considered appropriate to treat the application as a new applicant and award a one 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 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 TFM Facilities Management Limited be granted a licence, subject to the five standard conditions, to carry out work with asbestos. To facilitate the administrative process involved in formally assessing and granting a licence, and avoid this falling over the Christmas break, it is recommended that the licence be issued for 13 months commencing on 1 January 2020.

Tammy Fage

Director of Health and Safety

19 December 2019