Asbestos removal: Approve the granting of a licence to Brocken and Fitzpatrick Limited

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A decision made on 29 July 2020

Decision Reference: MD-S-2020-0046
Decision Summary Title	To approve the granting of a licence to Brocken and Fitzpatrick Limited to carry out scaffolding work which is ancillary to licensed asbestos removal		Date of Decision Summary:	27 July 2020
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 an ancillary asbestos licence to Brocken and Fitzpatrick Limited		Date of Written Report:	27 July 2020
Written Report Author:	Director of Health and Safety		Written Report: Public or Exempt?	Public
Subject: To grant an asbestos licence to Brocken and Fitzpatrick Limited to carry out scaffolding work which is ancillary to licensed asbestos removal work where it is foreseeable that the scaffolding activity is likely to disturb the asbestos
Decision(s): The Assistant Minister approved the application by Brocken and Fitzpatrick Limited for a licence to work with asbestos under Regulation 3 of the Health and Safety (Asbestos-Licensing) (Jersey) Regulations, 2008. The licence is restricted to the carrying out of scaffolding activities which are ancillary to asbestos removal and where there is a foreseeable risk of disturbing asbestos. The licence is issued for a period of 2 years with effect from the 1 August 2020
Reason(s) for Decision: Brocken and Fitzpatrick Limited has been assessed as having the necessary knowledge and experience to undertake ancillary scaffolding 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 Brocken and Fitzpatrick Limited
Signature:		Position: Assistant Minister for Social Security Deputy S. Wickenden
Date Signed:		Date of Decision (If different from Date Signed):

Asbestos removal: Approve the granting of a licence to Brocken and Fitzpatrick Limited

To approve the RENEWAL of aN ancillary asbestos licence to Brocken and Fitzpatrick Scaffolding Limited

SUMMARY

The licence granted to Brocken and Fitzpatrick Limited (B&F Ltd) under Regulation 3 of the Asbestos–Licensing (Jersey) Regulations, 2008 (Asbestos Regulations) is due to expire on 1 August 2020. An application has been received from B&F Ltd to renew the licence which permits work which is ancillary to licensed asbestos removal work, and restricted to the carrying out of scaffolding activities where it is foreseeable that the scaffolding activity is likely to disturb asbestos, to be undertaken.

As a new applicant, B&F Ltd was granted a one year licence in August 2019. The company has undertaken 3 licensed scaffolding projects during the year which, whilst a relatively small number, reflects the specialist nature of the work. Visits to all 3 projects have been undertaken by Health and Safety Inspectors and satisfactory standards observed. The company has engaged, and intends to continue to engage, competent supervisory support when undertaking licensed scaffolding work, whilst continuing to further develop in-house competence.

The Assistant Social Security Minister is therefore requested to consider issuing a two-year licence under the Asbestos Regulations to B&F Ltd for scaffolding work, which is ancillary to licensable work with asbestos, and where it is foreseeable that the scaffolding activity is likely to disturb the asbestos.

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 first introduced Regulations in 1997 which restricted work with certain asbestos-containing materials to those who were 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, as delegated to the Assistant Minister, to issue licences for work with asbestos insulation, asbestos insulation board and asbestos coatings, and to determine the period of the licence and attach such terms and conditions to the licence as deemed appropriate.

B&F Ltd, a local scaffolding company that has been trading since 1976, is currently the only licensed scaffolding contractor in the Island, as a new applicant, the company was granted a one-year licence on 1 August 2019. The Company has applied to renew this licence under Regulation 3 of the Asbestos Regulations.

Due to the relatively low level of wok undertaken over the past year, which is not unexpected, as licensed scaffolding work is a specialist and relatively infrequent requirement. The company continues to employ a Contracts Manager with extensive experience of managing licensed scaffolding work in the UK, under the UK Control of Asbestos Regulations, and engage a specialist health and safety advisor to provide independent monitoring and supervision of licensed works.

The process for the licence application has been 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, guidance set out in the relevant Jersey and UK Approved Codes and industry best practice.

The licence would be subject to the five standard conditions typically placed on licences that are issued, i.e. a requirement for:

the licence to be made available for inspection
the Inspectorate to be notified of the work at least 14 days before work commences
the preparation of a suitable and sufficient Plan of Work for the work
all work to be supervised by a competent employee
all asbestos waste to be disposed of in an approved manner.

The licence issued to B&F Ltd. would contain the additional condition attached:

limiting the application of the licence to scaffolding activities which are ancillary to licensed asbestos removal work and where it is foreseeable that the scaffolding activity is likely to disturb the asbestos

RECOMMENDATION

It is recommended that Brocken and Fitzpatrick Limited be granted a licence, subject to the conditions above, to carry out scaffolding work which is ancillary to licensable work with asbestos, where it is foreseeable that the scaffolding activity is likely to disturb the asbestos. The licence would be valid for a 2-year period commencing on 1 August 2020.

Tammy Fage

Director of Health and Safety