To 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 January 2021. 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 was considered such that the subsequent application to renew the licence, in January 2020, was treated as a new applicant to enable further review of the management arrangements after a year.
Over the past year TFM Facilities Management Limited is considered to have performed to a satisfactory standard. The Minister is therefore requested to consider issuing a three 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. The company has now applied to renew its current licence, which expires on 31 January 2021.
The process for licence application and renewals is carried out 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, and the licence applicant’s own operating standards.
Throughout 2020, whilst having to manage the additional challenges imposed by Covid-19 pandemic, TFM Facilities Management Limited carried out one of the Islands most complex, multi-phased licensed asbestos removal projects at the former Fort Regent swimming pool, as well as notifying an additional 13 licensed removal projects.
Following a formal assessment of the company’s management arrangements and asbestos competencies, including a review of inspections of paperwork and live asbestos removal work undertaken through the year, it is considered appropriate to issue the applicant a three-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 Plan of Work 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, for 3 years commencing on 1 February 2021.
Tammy Fage
Director of Health and Safety