AsbestosAsbestos

Legal requirements in JerseyLegal requirements in Jersey

Colin MyersColin Myers

Director of Health and SafetyDirector of Health and Safety

AimsAims

LegislationLegislation

Approved Code of PracticeApproved Code of Practice

The RealityThe Reality

IssuesIssues

LegislationLegislation

Health and Safety at Work (Jersey) Law 1989 Health and Safety at Work (Jersey) Law 1989 – general duties on employers, employees, the self-general duties on employers, employees, the self-

employed and persons in control of premisesemployed and persons in control of premises

Health and Safety at Work (Asbestos Licensing) (Jersey) Health and Safety at Work (Asbestos Licensing) (Jersey) Regulations 2008 Regulations 2008 – restricts the majority of work with asbestos insulation restricts the majority of work with asbestos insulation

and coatings to persons who hold a licence to undertake and coatings to persons who hold a licence to undertake such worksuch work

Health and Safety at Work (Jersey) Health and Safety at Work (Jersey) Law, 1989Law, 1989

Article 3Article 3– Duty on employers to their employeesDuty on employers to their employees

Article 5 Article 5 – Duty on employers and the self employedDuty on employers and the self employed

Article 6Article 6– Duty on persons in control of non-domestic premisesDuty on persons in control of non-domestic premises

Health and Safety at Work (Asbestos Health and Safety at Work (Asbestos Licensing) (Jersey) Regulations 2008Licensing) (Jersey) Regulations 2008

Regulation 2Regulation 2

Restriction on work with most ACM’s to licensed Restriction on work with most ACM’s to licensed contractorscontractors

-Minister-Minister

-UK or Northern Ireland-UK or Northern Ireland

Status of Approved Code of Practice Status of Approved Code of Practice (ACoP)(ACoP)

Introduced under Article 10 of the Health and Safety at Introduced under Article 10 of the Health and Safety at Work (Jersey) Law 1989Work (Jersey) Law 1989

Provides practical guidance on how to meet the legal Provides practical guidance on how to meet the legal requirements set out in health and safety legislationrequirements set out in health and safety legislation

Special legal status as can be used as evidence if shown Special legal status as can be used as evidence if shown that the guidance was not followed. Must be able to that the guidance was not followed. Must be able to demonstrate compliance in some other waydemonstrate compliance in some other way

Management of Exposure to Asbestos Management of Exposure to Asbestos in Workplace Buildings and Structures in Workplace Buildings and Structures

Approved Code of PracticeApproved Code of PracticeSets out the procedures to be followed in order to reduce the Sets out the procedures to be followed in order to reduce the risks from asbestos to an acceptable levelrisks from asbestos to an acceptable level

1.1. BackgroundBackground

2.2. The asbestos management planThe asbestos management plan

3.3. Work on ACMs subject to the Asbestos Work on ACMs subject to the Asbestos (Licensing) (Jersey) Regulations 1997(Licensing) (Jersey) Regulations 1997

4. Work on ACMs not subject to the Asbestos 4. Work on ACMs not subject to the Asbestos (Licensing) (Jersey) Regulations 1997(Licensing) (Jersey) Regulations 1997

Asbestos Management PlanAsbestos Management Plan

Sets out the arrangements for identifying and managing the Sets out the arrangements for identifying and managing the risks associated with asbestos containing materials present in risks associated with asbestos containing materials present in

workplace buildings or structuresworkplace buildings or structures

Asbestos Management PlanAsbestos Management Plan

Prepared in full consultation with all partiesPrepared in full consultation with all parties

Contents must be communicated to all partiesContents must be communicated to all parties

All information should be recorded in an Asbestos Register All information should be recorded in an Asbestos Register and communicated to relevant partiesand communicated to relevant parties

Available to the Emergency ServicesAvailable to the Emergency Services

Action RequiredAction Required IdentificationIdentification

Assessment of the riskAssessment of the risk

Identification of measures Identification of measures required to control the required to control the risksrisks

Monitoring and review of Monitoring and review of the effectiveness of the the effectiveness of the planplan

Product type and locationProduct type and location

Condition of material/Condition of material/ likelihood of disturbancelikelihood of disturbance

No action, repair, No action, repair, encapsulate, removeencapsulate, remove

Review at least once every Review at least once every six months to ensure it is six months to ensure it is meeting its objectivemeeting its objective

Proposed changesProposed changes

Revision of Asbestos ACoPRevision of Asbestos ACoP– Control limitsControl limits– DefinitionsDefinitions– ExemptionsExemptions

Coatings, i.e. artexCoatings, i.e. artex Employer carrying out work on own premisesEmployer carrying out work on own premises

The RealityThe Reality

The Reality cont…..The Reality cont…..

The Reality cont…..The Reality cont…..

The Reality cont….The Reality cont….

The Reality cont….The Reality cont….

8 Royal Court Prosecutions since 19998 Royal Court Prosecutions since 1999

Most recent fine £10,000 for a single offence - total fine Most recent fine £10,000 for a single offence - total fine imposed £15,000 and £2,500 costs imposed £15,000 and £2,500 costs

2006 The Grand Hotel2006 The Grand Hotel– HSW Art 5, £12000, Costs £3000HSW Art 5, £12000, Costs £3000

13 Formal enforcement Notices served13 Formal enforcement Notices served– 10 immediate Prohibition Notices10 immediate Prohibition Notices– 3 improvement Notices3 improvement Notices

IssuesIssues

Concerns over lack of awareness and understanding of Concerns over lack of awareness and understanding of commercial property ownerscommercial property owners

Courts view lack of understanding as no excuseCourts view lack of understanding as no excuse

Still a lot of asbestos out there….Still a lot of asbestos out there….