Port of St. Helier: Withdrawal of Approved Code of Practice on Health and Safety

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A decision made 15 April 2016:

Decision Reference: MD-S-2016-0020
Decision Summary Title :	Approved Code of Practice on Health and Safety in the Port of St Helier		Date of Decision Summary:	15 April 2016
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 revocation of the ‘Approved Code of Practice on Health and Safety in the Port of St Helier’		Date of Written Report:	6 April 2016
Written Report Author:	Director of Health and Safety		Written Report : Public or Exempt?	Public
Subject: Approved Code of Practice on Health and Safety in the Port of St Helier
Decision(s): In accordance with Article 10 of the Health and Safety at Work (Jersey) Law, 1989, the Minister agreed to withdraw approval for the Code of Practice on Health and Safety in the Port of St Helier, with effect from 15 April 2016
Reason(s) for Decision: The decision by the Minister to withdraw approval for the ‘Approved Code of Practice on Health and Safety in the Port of St Helier’ which came into force on 1 July 1999, was made as the Code was outdated and no longer fit for purpose
Resource Implications: There are no implications for the financial or manpower resources of the States
Action required: In accordance with Article 10 of the Health and Safety at Work (Jersey) Law, 1989,the Director of Health and Safety to arrange for publication of the decision to withdraw approval for the Code of Practice, effective from 18 April 2016, in the Jersey Gazette
Signature:		Position: MINISTER
Date Signed:		Date of Decision (If different from Date Signed):

Port of St. Helier: Withdrawal of Approved Code of Practice on Health and Safety

REPORT ON THE PROPOSED REVOCATION OF THE APPROVED CODE OF PRACTICE on Health and Safety in the Port of St Helier

sUMMARY

the ‘Approved Code of Practice on Health and Safety in the Port of St Helier’ (Ports ACoP) was approved by the Employment and Social Security Committee on 27 May 1999, and came into force on 1 July 1999.

The Ports ACoP is now obsolete, no longer reflecting the recognised principles of effective occupational health and safety management within the complex and specialised docks environment, current contractual relationships or accepted industry safe working practices. This view is supported by the Harbour Master, Ports of Jersey Chief Operating Office – Marine, who has been fully consulted on the proposal.

It is considered that the general duties under Part 2 of the Health and Safety at Work (Jersey) Law 1989 (HSW Law) provide effective legal controls for the safety of persons who may be affected by working activities within the Port of St Helier. When considering the minimum standards of good practice, and those required to meet the general obligations imposed by Part 2 of the HSW Law in respect of the docks environment, reference would be made to the UK Health and Executive ‘Safety in docks: Approved Code of Practice’ L148.

The Harbour Master has indicated that, coincident with the revocation of the Ports ACoP, he will publish authoritative guidance in the form of a Code of Practice, covering both the Port of St Helier and outlying harbours (which the Ports ACoP does not extend to), based on L148. This will provide clear alignment between the Inspectorate’s intended application of the standards required to meet the general duties under the HSW Law with those matters falling under the direct responsibility of the Harbour Master.

It is therefore recommended that the Minister revokes the Approved Code of Practice by formally withdrawing her approval for the code of practice, with effect from 18 April 2016, in accordance with Article 10 of the HSW Law.

BACKGROUND

In 1999 Jersey Harbours, in conjunction with the Health and Safety Inspectorate and Port Users, developed an initial draft Code of Practice to help establish safe working practices within the Port of St Helier, based on good practice of the time.

As a new approach to addressing health and safety matters within the ports environment, to help raise the status of the Code, approval was subsequently sought from the Employment and Social Security Committee to issue the Code as an ‘Approved Code of Practice’ under Article 10 of the HSW Law. This was formally agreed on 27 May 1999, with a coming into force date of 1 July 1999.

Since that time there have been major changes to international and UK legislation, which the Ports ACoP was based upon, as well as significant advances in safe working practices which render the ACoP obsolete. Ports of Jersey has adopted the principles of the United Kingdom’s Port Marine Safety Code and is developing a mature safety management system (SMS) in accordance with industry best practice.

The Code of Practice will be incorporated into the Harbours’ SMS as a level two document and will provide clarity and specific practical guidance on managing health and safety within the docks environment and outlying harbours. Management and oversight of the SMS takes into account recognised guidance produced by the UK Health and Safety Executive ‘Safety in Docks: Approved Code of Practice guidance’, L148 and the industry body Ports Skills and Safety.

Ports of Jersey will insist on a high level of understanding and co-operation between the different duty holders of their individual responsibilities under the Health and Safety at Work (Jersey) Law 1989 (the HSW Law) and subordinate legislation for the activities taking place – and how these interface with that of the others.

PROCESS FOR THE REVOCATION OF AN ACoP

Article 10(4) of the HSW Law allows for the Minister for Social Security to withdraw, at any time, his or her approval from any Code of Practice approved under Article 10. When doing so, a notice must be published in the Jersey Gazette stating the date on which the approval is to cease to have effect.

RECOMMENDATION

It is recommended that the Minister withdraw approval for the code of Practice on Health and Safety in the Port of St Helier, with effect from 18 April 2016.

Director of Health and Safety

06 April 2016