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Code of Practice: Safe operation of skip and hook loaders

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 21 September 2018

Decision Reference: MD-S-2018-0058

Decision Summary Title :

Safe operation of skip and hook loaders: Approved Code of Practice

Date of Decision Summary:

14 September 2018

Decision Summary Author:

 

Director of Health and Safety

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Report on the proposed Approved Code of Practice for  the safe operation of skip and hook loaders

Date of Written Report:

07 September  2018

Written Report Author:

Director of Health and Safety

 

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  

Safe operation of skip and hook loaders: Approved Code of Practice

Decision(s):

In accordance with Article 10 of the Health and Safety at Work (Jersey) Law 1989, the Minister agreed to approve the Code of Practice for the safe operation of skip and hook loaders, with a coming into force date of 1 November 2018

Reason(s) for Decision:

The introduction of an Approved Code of Practice for the safe operation of skip and hook loaders

 

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 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 Gazette to advise of the introduction of the Approved Code of Practice

Signature:

 

 

Position:

                     Minister for Social Security

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Hide report
Code of Practice: Safe operation of skip and hook loaders

Report on the proposed ‘Safe operation of skip and hook loaders: Approved Code of Practice’

 

Summary

The movement of skips and containers is a high risk activity and results in a number of serious accidents and personal injuries in both Jersey and the UK every year. In 2014, an employee of a skip hire company was crushed to death between his skip vehicle and a granite wall whilst attempting to deliver a skip to a construction site in St Helier.

At the conclusion of the inquest into his death, in April 2017, the Coroner exercised his powers, under Rule 12 of the Inquests and Post-mortem Examinations Rules 1995, to recommend to the Minister for Social Security that action be taken to address a number of issues raised during the inquest in order to prevent future deaths.

On a recommendation from the Director of the Health and Safety Inspectorate, who is responsible for administering and enforcing the Health and Safety at Work (Jersey) Law 1989 (HSW Law), the then Minister, Deputy Susie Pinel, agreed to develop an Approved code of Practice (ACoP) relating to such working activities.

This reports sets out the consultation process that has taken place. There has been wide support for the introduction of the ACoP and for the proposed structure and content.  As a result of the consultation some minor amendments have been made to the ACoP, but these are primarily concerned with providing additional guidance as requested by respondents.

It is recommended that the Minister formally approves the ACoP with a coming into force date of 1 November 2018.

 

Background information

Status of an ACoP

Article 10(1) of the Law provides for the Minister of Social Security to approve Codes of Practice for the purposes of providing practical guidance on the requirements of the Law.

An ACoP has a special legal status. If the guidance contained within an ACoP is followed, then this would be sufficient to comply with the general duties imposed by the HSW Law. Whilst a failure to follow the guidance set out in an ACoP is not in itself an offence, the duty holder will have to show the Court that they have provided an equivalent level of safety by alternative means, or they will be found guilty of the offence.

 

Process for the introduction of an ACoP

Following a period of consultation with such persons as the Minister considers fit, the Minister is able to approve Codes of Practice under Article 10 of the law, for the purposes of providing practical guidance on how duty holders can comply with their legal requirements under health and safety at work legislation.

ACoPs introduced under Article 10 do not introduce new legal requirements, but can be referred to by the Courts when considering the standard of health and safety measures that may be necessary to comply with the general duties imposed by the Law.

 

Consultation

Extensive consultation on the proposal to introduce a new Approved Code of Practice (ACoP) has been undertaken. This was conducted in 2 phases; an initial, targeted, consultation between August-December 2017 with all known commercial skip and hook loader operators in the Island and a wider public consultation which ran between 6 July and 9 August 2018.

The results showed unanimous agreement for the introduction of the ACoP, and supported the proposed structure and approach taken. No adverse comments were received. A report covering the consultation process and responses received has been published and is available through the link. https://www.gov.je/Government/Consultations/Pages/ProposedAcopSkipOperations2018.aspx

Suggestions for additional guidance or clarification received during the consultation have been summarised in the consultation report and taken into account during the development of the final document. ​

 

 

 

Tammy Fage

Health and Safety Director

 

07 September 2018

 

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