Safe Work with Gas Systems and Appliances: Approved Code of Practice

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A decision made on 18 January 2021

Decision Reference:MD-S-2021-0006
Decision Summary Title :	Safe work with gas systems & appliances: Approved Code of Practice		Date of Decision Summary:	15 January 2021
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 safe work with gas systems & appliances		Date of Written Report:	15 January 2021
Written Report Author:	Director of Health and Safety		Written Report: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Safe work with gas systems & appliances: 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 safe work with gas systems & appliances, with a coming into force date of 1 February 2021
Reason(s) for Decision: The introduction of an Approved Code of Practice for safe work with gas systems & appliances
Resource Implications: There are no implications for the financial or manpower resources of the Government of Jersey
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:
Date Signed:		Date of Decision (If different from Date Signed):

Safe Work with Gas Systems and appliances: Approved Code of Practice

Report on the proposed ‘Safe work with gas systems & appliances: Approved Code of Practice’

Summary

There are clearly recognised dangers from working with gas and gas fittings in both domestic and work premises. Gas, by its very nature, is highly combustible and presents a serious risk of fire and / or explosion where leaks occur due to poor workmanship or maintenance. There is also a very serious risk of carbon monoxide poisoning from poorly installed or maintained appliances and appliances where flues are inadequate to safely remove the products of combustion generated.

Legislation has been enacted in the UK and Guernsey to regulate those who may work on gas fittings, how work is carried out and standards of workmanship required to ensure safety. These jurisdictions also operate a mandatory registration scheme with the UK based Gas Safe Register.

Following a number of serious incidents relating to unsafe gas work in Jersey over recent years, and 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 Minister for Social Security agreed to develop an Approved Code of Practice (ACoP) relating to such working activities.

This report sets out the consultation that has taken place, which strongly supported the introduction of the ACoP.

It is recommended that the Minister formally approves the ACoP with a coming into force date of 1 February 2021.

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 dutyholder 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 HSW 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 has taken place in the production of the proposed new Approved Code of Practice. This was conducted in two phases; Jersey Gas, who employ most registered gas engineers on the Island, was consulted during the drafting of the ACoP and provided valuable feedback to help support its development.

Following the drafting phase, a public consultation was carried out between 20 February 2020 and 3 April 2020. In addition to publishing the consultation on the gov.je and Health and Safety Inspectorate websites, all known gas engineers on the Island that are not employed by Jersey Gas were contacted directly, informed that the public consultation was taking place and invited to provide feedback. No adverse comments were received from the public consultation.

Note

It is noted that the draft ACoP, supported by the consultation exercise, includes a requirement for those working with gas to be registered with the Approved Body recognised by the UK, Isle of Man and Guernsey, currently the Gas Safe Register, to demonstrate competency. This requirement builds on legislation already contained in the Public Health and Safety (Rented Dwellings – Minimum Standards and Prescribed Hazards) (Jersey) Order 2018 for gas safety inspection of a rented dwelling to be carried out by a Gas Safe Registered engineer.

Due to delays in formally extending the Gas Safe Register scheme to Jersey, exacerbated by the Covid-19 pandemic, this process has not yet been finalised. Once the Gas Safe Register scheme is formally extended to Jersey, the current ACoP as published, will be amended, making registration with the scheme a requirement to carry out work on gas systems and appliances.

Tammy Fage

Health and Safety Director

15 January 2021

Official