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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Health and Safety (Asbestos-Licensing) (Jersey) Regulations 2008: Grant of licence

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 28 February 2019:

Decision Reference: MD-S-2019-0010

Decision Summary Title

To approve the granting of a licence to work with asbestos to 1st Environmental Services C.I. Limited

 

Date of Decision Summary:

25 February 2019

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

To approve the granting of a licence to work with asbestos to 1st Environmental Services C.I. Limited

 

Date of Written Report:

15 February 2019

Written Report Author:

Director of Health and Safety

 

Written Report :

Public or Exempt?

 

Public

Subject:  To grant a licence to work with asbestos to 1st Environmental Services C.I. Limited

 

Decision(s): The Minister approved the application by 1st Environmental Services C.I. Limited

for a licence to work with asbestos under Regulation 3 of the Health and Safety (Asbestos-Licensing) (Jersey) Regulations, 2008.  The licence, which is subject to the five standard conditions, is issued for a period of 1 year with effect from the 25 February 2019

Reason(s) for Decision: 1st Environmental Services C.I. Limited has been assessed as having the necessary knowledge and experience to undertake work with asbestos which is subject to the Health and Safety (Asbestos-Licensing) (Jersey) Regulations, 2008

Resource Implications: There are no implications for the financial or manpower resources of the States.

Action required: The Director of Health and Safety is to arrange for the licence to be issued to 1st Environmental Services C.I. Limited

Signature:

 

 

Position:

                 MINISTER FOR SOCIAL SECURITY

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

Health and Safety (Asbestos-Licensing) (Jersey) Regulations 2008: Grant of licence

 1

To approve the ISSUE of a licence for work with asbestos to

1st Environmental Services C.I. Limited

 

 

 

SUMMARY

 

An application for a licence under Regulation 3 of the Asbestos–Licensing (Jersey) Regulations, 2008 (Asbestos Regulations), has been received from 1st Environmental Services C.I. Limited.

 

As a new applicant, 1st Environmental Services C.I. 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 1st Environmental Services C.I. 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.

 

1st Environmental Services C.I. Limited, a local company set up specifically to undertake 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 a 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. 

 

Five standard conditions are typically placed on licences that 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 a competent employee, and that the asbestos waste is disposed of in an approved manner.

 

 

 

RECOMMENDATION

 

It is recommended that 1st Environmental Services C.I. Limited be granted a licence, subject to the five standard conditions, to carry out work with asbestos 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

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