Health and Safety
at Work (Asbestos – Licensing) (Jersey) Regulations 2008
1 Interpretation
In these Regulations, unless the context
otherwise requires –
“asbestos” means any of the following fibrous
silicates –
(a) asbestos
actinolite, CAS No 77536-66-4;
(b) asbestos
grunerite (amosite), CAS No 12172-73-5;
(c) asbestos
anthophyllite, CAS No 77536-67-5;
(d) chrysotile,
CAS No 12001-29-5;
(e) crocidolite,
CAS NO 12001-28-4;
(f) asbestos
tremolite, CAS No 77536-68-6,
and references to “CAS” followed by a numerical sequence
are references to CAS Registry Numbers assigned to chemicals by the Chemical
Abstracts Service, a division of the American Chemical Society;
“asbestos cement” means a material –
(a) that
is predominantly a mixture of cement and asbestos; and
(b) that,
in a dry state, absorbs less than 30% water by weight;
“asbestos coating” means a surface coating
that –
(a) contains
asbestos for fire protection purposes or for both heat and sound insulation
purposes; but
(b) is
not merely a coating (such as paint or ceiling plaster) that contains asbestos
that is applied to provide a decorative or textured finish where any thermal or
acoustic property of the coating is incidental to the main purpose of the
coating;
“asbestos insulation” means a material that contains
asbestos and is used for thermal, acoustic or other insulation purposes
(including fire protection) but does not mean –
(a) asbestos
cement;
(b) asbestos
insulation board; or
(c) an article
of bitumen, plastic, resin or rubber that contains asbestos, where any thermal
or acoustic properties of the article are incidental to its main purpose;
“asbestos insulation board” means a flat sheet, tile or
building board that consists of a mixture of asbestos and other material but
does not mean –
(a) asbestos
cement; or
(b) an article
of bitumen, plastic, resin or rubber that contains asbestos, where any thermal
or acoustic properties of the article are incidental to its main purpose;
“Law” means the Health and Safety at Work (Jersey) Law 1989;
“licence” means a valid licence granted under
Regulation 3(2);
“work with asbestos insulation, asbestos coating or asbestos
insulation board” means work in which asbestos insulation, asbestos
coating or asbestos insulation board is removed, repaired or disturbed and
includes such work carried out in a supervisory or ancillary capacity.
2 Work
with asbestos
insulation, asbestos coating or asbestos insulation board
(1) Except as provided by
paragraphs (2) and (3), an employer or self-employed person must not
undertake work with asbestos insulation, asbestos coating or asbestos
insulation board, unless he or she –
(a) is
the holder of a licence that authorizes its holder to undertake the work; and
(b) undertakes
the work in compliance with the terms and conditions of the licence.
(2) Paragraph (1) does
not apply if the work does not require more than –
(a) one
hour’s work by any one person in any period of 7 consecutive days; and
(b) 2
hours’ work by all persons undertaking the work.
(3) Paragraph (1) does
not apply if the work consists solely of –
(a) air
monitoring or collecting samples for identification or sample analysis; or
(b) encapsulating
or sealing a material, in a good condition, that contains asbestos.
3 Licences
(1) A person may apply to
the Minister for a licence.
(2) The
Minister –
(a) shall
grant the licence if he or she considers it appropriate to do so; and
(b) may
grant the licence subject to such terms and conditions as the Minister
considers appropriate.
(3) A licence is valid for
the period (if any) specified in it.
(4) The Minister may amend
a term or a condition of a licence by written notice to its holder.
(5) The Minister may revoke
a licence by written notice to its holder if the holder –
(a) contravenes
a condition of the licence;
(b) is
convicted of an offence under Article 21 of the Law; or
(c) is
served with a prohibition notice under Article 14 of the Law.
(6) The holder of a licence
must return it to the Minister –
(a) if
required for amendment; or
(b) if it
is revoked.
4 Exemptions
(1) The Minister may issue
a written certificate that exempts from these Regulations –
(a) a person
or a class of people; or
(b) a product
or a class of products that contain asbestos.[1]
(2) An exemption is valid
for the period (if any) specified in the certificate.
(3) An exemption may be
granted subject to terms and conditions.
(4) The Minister may revoke
an exemption by another written certificate.
(5) The Minister must not
grant an exemption unless he or she is satisfied, having regard to the relevant
circumstances, that the health and safety of people who are likely to be
affected by the exemption will not be prejudiced as a consequence of the
exemption.
5 Recognition
of licences granted by United Kingdom authorities
(1) This Regulation applies
where –
(a) a person
who has a current licence granted under the Control of Asbestos
Regulations 2006 or the Asbestos (Licensing) (Amendment) Regulations
(Northern Ireland) 2000 of the United Kingdom, as from time to time
amended or re-enacted, that authorizes the person to carry out work with
asbestos insulation, asbestos coating or asbestos insulation board, is
proposing to undertake that type of work in Jersey; and
(b) the
licence has been inspected and approved by an inspector, and the inspector has
given the licensee written confirmation of the approval.
(2) The licence has effect
in Jersey as if it were a licence granted by the Minister under these
Regulations on the date on which it was granted in the United Kingdom.
6 Revocation
and savings
(1) The Asbestos
(Licensing) (Jersey) Regulations 1997 are revoked.
(2) A licence, certificate
or approval granted or given under the Regulations mentioned in paragraph (1)
and in force immediately before their revocation continues in force as if it
were a licence, certificate or approval granted or given under these
Regulations.
7 Citation
These Regulations may be cited as the Health and Safety at Work
(Asbestos – Licensing) (Jersey) Regulations 2008.