Health and Safety (Asbestos-Licensing) (Jersey) Regulations 2008: Asbestos License Application

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A decision made on 1 August 2019:

Decision Reference: MD-S-2019-0055
Decision Summary Title	To approve the granting of a licence to Brocken and Fitzpatrick Limited to carry out scaffolding work which is ancillary to licensed asbestos removal		Date of Decision Summary:	26 July 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 an ancillary asbestos licence to Brocken and Fitzpatrick Ltd		Date of Written Report:	26 July 2019
Written Report Author:	Director of Health and Safety		Written Report : Public or Exempt?	Public
Subject: To grant an asbestos licence to Brocken and Fitzpatrick Limited to carry out scaffolding work which is ancillary to licensed asbestos removal work where it is foreseeable that the scaffolding activity is likely to disturb the asbestos
Decision(s): The Minister approved the application by Brocken and Fitzpatrick Limited for a licence to work with asbestos under Regulation 3 of the Health and Safety (Asbestos-Licensing) (Jersey) Regulations, 2008. The licence is restricted to the carrying out of scaffolding activities which are ancillary to asbestos removal and where there is a foreseeable risk of disturbing asbestos. The licence is issued for a period of 1 year with effect from the 1 August 2019
Reason(s) for Decision: Brocken and Fitzpatrick Limited has been assessed as having the necessary knowledge and experience to undertake ancillary scaffolding 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 Brocken and Fitzpatrick 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: Asbestos License Application

To approve the ISSUE of aN ancillary asbestos licence to Brocken and Fitzpatrick Scaffolding Limited

SUMMARY

An application for a licence under Regulation 3 of the Asbestos–Licensing (Jersey) Regulations, 2008 (Asbestos Regulations) has been received from Brocken and Fitzpatrick Limited. The application is for a licence to carry out work which is ancillary to licensed 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, Brocken and Fitzpatrick 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 Brocken and Fitzpatrick 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 first introduced Regulations in 1997 which restricted work with certain asbestos-containing materials to those who were 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.

Brocken and Fitzpatrick Limited, a local scaffolding company that has been trading since 1976, has applied for a licence under Regulation 3 of the Asbestos Regulations to undertake scaffolding work which is ancillary to licensable work with asbestos-containing materials. As a new licence applicant, to support the company with its application the Company has employed a Contracts Manager with extensive experience of managing licensed scaffolding work in the UK under the UK Control of Asbestos Regulations. It has also engaged a specialist health and safety advisor to provide independent monitoring and supervision of licensed works.

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 at least 14 days before work commences
the preparation of a suitable and sufficient Plan of Work for the work
all work to be supervised by a competent employee
all asbestos waste to be disposed of in an approved manner.

The licence issued to Brocken and Fitzpatrick would contain additional conditions as follows:

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
a copy of valid medical certificates, training certificates and evidence of face-fit testing for persons carrying out the work to be provided to the Inspectorate before work is carried out for the first time
a copy of valid certificate of Employers’ Liability Compulsory Insurance to be provided to the Inspectorate before work is carried out for the first time

RECOMMENDATION

It is recommended that Brocken and Fitzpatrick Limited be granted a licence, subject to the 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 1 August 2019.

Tammy Fage

Director of Health and Safety