To approve the ISSUE of aN ancillary asbestos licence to SAL SCAFFOLDING Limited
SUMMARY
An application for a licence under Regulation 3 of the Asbestos–Licensing (Jersey) Regulations, 2008 (Asbestos Regulations), has been received from SAL Scaffolding Limited. The application is for a licence to carry out work which is ancillary to licensable 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.
As a new applicant, SAL Scaffolding Limited has undergone a formal assessment of its management arrangements and asbestos competencies by the Health and Safety Inspectorate, and been able to demonstrate that appropriate systems are in place.
The Minister is therefore requested to consider issuing a one year licence under the Asbestos Regulations to SAL Scaffolding Limited 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 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.
SAL Scaffolding Limited, a local company set up specifically to undertake scaffolding work which is ancillary to licensable work with asbestos-containing materials, has applied for a licence under Regulation 3. The Board of Directors represents a partnership between an established local company and the holder of ancillary scaffolding licence issued under the UK Control of Asbestos Regulations 2012.
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 policy states that, subject to a satisfactory assessment interview, new applicants be granted a one year licence.
The licence would be subject to the five standard conditions typically placed on licences that are issued, ie a requirement for 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 a competent employee, and that the asbestos waste is disposed of in an approved manner. The licence issued to SAL Scaffolding Limited would contain an additional condition 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 SAL Scaffolding Limited be granted a licence, subject to the six 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 1 year period, commencing on 25 February 2019.
Tammy Fage
Director of Health and Safety
Social Security: 22nd October 2010
File No. 3/16
Colin Myers