Proposals to amend the Asbestos (Licensing) (Jersey) Regulations 1997.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (15/06/2007) regarding: Proposals to amend the Asbestos (Licensing) (Jersey) Regulations 1997.

Subject:	Proposals to amend the Asbestos (Licensing) (Jersey) Regulations 1997.
Decision Reference:	MD-S-2007-0041		Exempt clause(s):	n/a
Type of Report: (oral or written)	written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:	3/16
Written report – Title	Proposals to amend the Asbestos (Licensing) (Jersey) Regulations 1997
Written report – Author (name and job title)	Tammy Fage Health and Safety Inspector
Decision(s): The Minister agreed the proposals for amending the Regulations and requested that the briefing instructions be forwarded to the Law Draftsman.
Reason(s) for decision: To enable preparation of the necessary draft legislation, amending the Asbestos Licensing (Jersey) Regulations, 1997, to be debated by the States.
Action required: The Director of Health and Safety to forward the brief to the Law Draftsman to be dealt with as a minor item.
Signature: Senator P F Routier - Minister		Date of Decision: 15 June 2007

Proposals to amend the Asbestos (Licensing) (Jersey) Regulations 1997.

Report on proposals to amend the Asbestos (Licensing)( Jersey ) Regulations 1997

1. Introduction

The Asbestos (Licensing)(Jersey) Regulations 1997, made under Article 9 of the Health and Safety at Work (Jersey) Law 1989, came into force on 1 November 1997. These Regulations prohibit work with asbestos insulation or asbestos coating other than short-term repair or maintenance work, or work in a person’s own premises, unless it is carried out by an employer or self-employed person who holds a licence granted by the Minister for Social Security.

These Regulations were based on the equivalent UK Regulations in force at the time, ‘The Asbestos (Licensing) Regulations 1983’, in order to ensure similar standards of safety for persons at risk of being exposed to asbestos fibre whilst at work.

The UK has recently introduced new Regulations in order to comply with the 2003/18/EC amendment to the Asbestos Worker Protection Directive 83/477/EEC, which provides for the protection of workers from the risks associated with exposure to asbestos at work. This has resulted in amendments to the licensing aspect of the asbestos-related legislation in the UK.

This report sets out a proposal to amend the Asbestos (Licensing)(Jersey) Regulations 1997 to broadly reflect the current UK position and maintain a consistent approach within the regulatory framework. This will also ensure that the requirement for work with asbestos materials to be restricted to licensed contractors is proportionate and reflects current evidence.

2. Health concerns over asbestos

Asbestos is a naturally occurring mineral, which was used extensively in the construction industry during the 1950s, 60s and 70s due to its excellent fireproofing and insulating properties.

All forms of asbestos are considered to be carcinogenic. Inhalation of asbestos fibres can cause three main fatal diseases: mesothelioma (a cancer of the lining of the lung), lung cancer and asbestosis. These asbestos-related diseases are the single greatest cause of work-related deaths in the UK, and are currently responsible for 4000 deaths each year.

3. Proposed changes to the Asbestos (Licensing)( Jersey ) Regulations 1997

3.1 Removal of a licensable product from the licensing regime

At present, ‘asbestos coating’ covers any surface coating which contains asbestos. This can extend to a wide range of materials from those applied by hand or spray for fire protection and/or insulation purposes, to thin textured decorative coatings (TCs) such as paints and ceiling plasters designed purely to be decorative (often referred to as ‘artex’).

Scientific evidence has shown that the risks from TCs are much lower than that for other licensed materials, and lower than that with asbestos cement which is not subject to the licensing Regulations. This does not mean that work with TCs is safe; it still needs proper control measures, but not as stringent as those required for work with other licensed materials.

TCs have been removed from the UK licensing regime after extensive scientific research, public consultation and debate. We are now in a situation where removal of TCs in the UK can be carried out by any competent contractor, but in Jersey it can only be done under strictly controlled conditions by a licensed contractor. Any licensing regime should be risk based, proportionate and reflect current evidence, and it may therefore be difficult to demonstrate this in respect of TCs in the light of current knowledge.

The proposed amendment to the definition of ‘asbestos coating’ will have the effect of removing TCs from the licensing regime.

3.2 Changes to definitions under Regulation 1

It is proposed to introduce a new definition of ‘asbestos insulation board’ (AIB) to bring all AIB within the licensing regime. The current definition of ‘asbestos insulation’ restricts the licensing regime to work with AIB used for insulation purposes. In practice this was an oversight as AIB was used for other purposes. The proposed amendment will remove this anomaly. The new definition for AIB will necessitate a minor amendment to the definition of ‘asbestos insulation’.

A new definition for ‘asbestos cement’ is also proposed to reflect new test methods for determining whether a material is asbestos cement.

3.3 Exemptions under the Regulations

It is proposed to remove the exemption for employers using their own workforces on their own premises. This exemption originates from the time when there was still some manufacturing of asbestos-containing materials, and is no longer appropriate.

It is also proposed that the exemption for work consisting solely of air monitoring or collecting samples for the purpose of identification be extended to include sample analysis.

4. Revision of Approved Code of Practice ‘Management of exposure to asbestos in workplace buildings and structures’

It is intended to revise and update the above Approved Code of Practice in the light of the proposed amendments to the Asbestos (Licensing)(Jersey) Regulations 1997. Changes in UK asbestos-related legislation, outside the scope of the Licensing Regulations, will be reflected in this revision. A report on the proposals will be forwarded to the Minister in due course.

5. Recommendations

The Minister is requested to agree for the proposed amendments to the Asbestos (Licensing)(Jersey) Regulations 1997 to be forwarded to the Law Drafting Department to be dealt with as a minor item.

Tammy Fage (Mrs)

Health and Safety Inspector