Asbestos: Management of Exposure in Workplace Buildings and Structures: Approved Code of Practice

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 12 August 2015:

Decision Reference: MD-S-2015-0063
Decision Summary Title :	Revision of the ‘Management of Exposure to Asbestos in Workplace Buildings and Structures: Approved Code of Practice’		Date of Decision Summary:	05 August 2015
Decision Summary Author:	Director of Health and Safety		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Report on the proposed revision of the ‘Management of Exposure to Asbestos in Workplace Buildings and Structures: Approved Code of Practice		Date of Written Report:	05 August 2015
Written Report Author:	Director of Health and Safety		Written Report : Public or Exempt?	Public
Subject: Revision of the existing ‘Management of Exposure to Asbestos in Workplace Buildings and Structures: Approved Code of Practice’ (Asbestos ACoP)
Decision(s): In accordance with Article 10 of the Health and Safety at Work (Jersey) Law, 1989, the Minister agreed to approve the Asbestos ACoP, with effect from 1 October 2015, and to revoke the existing Approved Code of Practice which came into force on 1 October 2009
Reason(s) for Decision: The decision by the Minister to give approval to a revised Code of Practice setting out practical guidance for duty holders under Part 2 of the Health and Safety at Work (Jersey) Law 1989 who have responsibility for workplaces or are involved with working with asbestos
Resource Implications: There are no implications for the financial or manpower resources of the States.
Action required: The Director of Health and Safety to arrange for publication of the revised Approved Code of Practice and, in accordance with Article 10 of the Health and Safety at Work (Jersey) Law, 1989, the placing of a public notice in the Jersey Evening Post to advise of the introduction of the revised Approved Code of Practice and the withdrawal of the existing Asbestos ACoP.
Signature:		Position: MINISTER
Date Signed:		Date of Decision (If different from Date Signed):