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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.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 17 December 2018

Decision Reference: MD-S-2018-0073

Decision Summary Title

To approve the granting of a licence to work with asbestos to TFM Facilities Management Limited

Date of Decision Summary:

14 December 2018

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 TFM Facilities Management Limited

Date of Written Report:

14 December 2018

Written Report Author:

Director of Health and Safety

 

Written Report :

Public or Exempt?

 

Public

Subject:  To grant a licence to work with asbestos to TFM Facilities Management Limited

Decision(s): The Minister approved the application by TFM Facilities Management 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 1 January 2019

Reason(s) for Decision: TFM Facilities Management 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 TFM Facilities Management Limited

Signature:

 

 

Position:

                  Minster 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 TFM Facilities Management Limited

 

 

 

SUMMARY

 

An application for a licence under Regulation 3 of the Asbestos–Licensing (Jersey) Regulations, 2008 (Asbestos Regulations), has been received from TFM Facilities Management Limited.

 

As a new applicant, TFM Facilities Management Limited has undergone a formal assessment of its management arrangements and asbestos competencies by the Health and Safety Inspectorate, and been able to demonstrate appropriate systems are in place.

 

The Minister is therefore requested to consider issuing a one year licence under the Asbestos Regulations, to TFM Facilities Management 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.

 

TFM Facilities Management Limited, a new company set up specifically to undertake work with asbestos-containing materials, has applied for a licence under Regulation 3.  

 

The process for licence application and renewal is 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, good practice as described in the Jersey and UK Approved Codes and industry best practice. The policy also states that new applicants be granted a one year licence. 

 

Five standard conditions are placed on all licences which 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 an appropriate member of staff and that the asbestos waste is disposed of in an approved manner.

 

 

 

RECOMMENDATION

 

It is recommended that TFM Facilities Management Limited be granted a licence, subject to the five standard conditions, to carry out work with asbestos for a 1 year period, commencing on 1 January 2019.

 

 

 

 

Tammy Fage

Director of Health and Safety

 

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