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