Transcript Approved Code of Practice for the Management of

Asbestos
Legal requirements in Jersey
Colin Myers
Director of Health and Safety
Aims

Legislation

Approved Code of Practice

The Reality
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Issues
Legislation
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
Health and Safety at Work (Jersey) Law 1989
– general duties on employers, employees, the selfemployed and persons in control of premises
Health and Safety at Work (Asbestos Licensing) (Jersey)
Regulations 2008
– restricts the majority of work with asbestos insulation
and coatings to persons who hold a licence to undertake
such work
Health and Safety at Work (Jersey)
Law, 1989
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
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Article 3
– Duty on employers to their employees
Article 5
– Duty on employers and the self employed
Article 6
– Duty on persons in control of non-domestic premises
Health and Safety at Work (Asbestos
Licensing) (Jersey) Regulations 2008

Regulation 2
Restriction on work with most ACM’s to licensed
contractors
-Minister
-UK or Northern Ireland
Status of Approved Code of Practice
(ACoP)
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

Introduced under Article 10 of the Health and Safety at
Work (Jersey) Law 1989
Provides practical guidance on how to meet the legal
requirements set out in health and safety legislation
Special legal status as can be used as evidence if shown
that the guidance was not followed. Must be able to
demonstrate compliance in some other way
Management of Exposure to Asbestos
in Workplace Buildings and Structures
Approved Code of Practice
Sets out the procedures to be followed in order to reduce the
risks from asbestos to an acceptable level
1. Background
2. The asbestos management plan
3. Work on ACMs subject to the Asbestos
(Licensing) (Jersey) Regulations 1997
4. Work on ACMs not subject to the Asbestos
(Licensing) (Jersey) Regulations 1997
Asbestos Management Plan
Sets out the arrangements for identifying and managing the
risks associated with asbestos containing materials present in
workplace buildings or structures
Asbestos Management Plan

Prepared in full consultation with all parties

Contents must be communicated to all parties

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All information should be recorded in an Asbestos Register
and communicated to relevant parties
Available to the Emergency Services
Action Required

Identification
Product type and location

Assessment of the risk
Condition of material/
likelihood of disturbance
Identification of measures
required to control the
risks
No action, repair,
encapsulate, remove
Monitoring and review of
the effectiveness of the
plan
Review at least once every
six months to ensure it is
meeting its objective
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Proposed changes

Revision of Asbestos ACoP
– Control limits
– Definitions
– Exemptions
 Coatings, i.e. artex
 Employer carrying out work on own premises
The Reality
The Reality cont…..
The Reality cont…..
The Reality cont….
The Reality cont….
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8 Royal Court Prosecutions since 1999
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Most recent fine £10,000 for a single offence - total fine
imposed £15,000 and £2,500 costs
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
2006 The Grand Hotel
– HSW Art 5, £12000, Costs £3000
13 Formal enforcement Notices served
– 10 immediate Prohibition Notices
– 3 improvement Notices
Issues

Concerns over lack of awareness and understanding of
commercial property owners
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Courts view lack of understanding as no excuse
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Still a lot of asbestos out there….