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