The legal framework for managing asbestos in Jersey
Jersey has its own health and safety law, approved code of practice and asbestos-licensing regulations. UK asbestos regulations may provide useful background, but they are not Jersey legislation.
Get help with an asbestos management planView ACoP 8Important: Jersey is not governed by the UK Control of Asbestos Regulations 2012
The UK regulations should not be presented as the legislation applying in Jersey. Jersey’s asbestos responsibilities arise principally through the Health and Safety at Work (Jersey) Law 1989, the asbestos-specific ACoP 8 and the Health and Safety at Work (Asbestos – Licensing) (Jersey) Regulations 2008.
The principal Jersey framework
Health and Safety at Work (Jersey) Law 1989
The Law establishes general duties to protect employees and other people who may be affected by work activities. This includes risks created by asbestos in premises and during maintenance, refurbishment or demolition.
Asbestos ACoP 8
Management of Exposure to Asbestos in Workplace Buildings and Structures, revised in 2020, gives asbestos-specific practical guidance to people with duties under the Law.
Asbestos-Licensing Regulations 2008
These Jersey Regulations restrict work involving asbestos insulation, asbestos coatings and asbestos insulation board. Subject to limited exemptions, the work must be undertaken by a licence holder.
Management ACoP 14
ACoP 14 provides wider guidance on managing health and safety risks across Jersey businesses and workplaces. It operates alongside asbestos-specific ACoP 8 and does not replace it.
What responsible asbestos management involves
- Determine whether asbestos-containing materials are present or liable to be present before they can be disturbed.
- Assess their condition and the likelihood that normal occupation or work could disturb them.
- Record known or presumed asbestos in an accessible register.
- Prepare and implement an asbestos management plan for workplace premises.
- Give relevant information to employees, maintenance teams, contractors and anyone planning work.
- Review the information and arrangements when circumstances change and at suitable intervals.
- Use competent people and the correct level of control for surveys, sampling and work on asbestos.
Before refurbishment or demolition
A management survey is not normally sufficient for intrusive building work. The proposed work must be properly scoped and the parts of the building likely to be disturbed investigated before work begins.
Workplaces and domestic properties
ACoP 8 applies to premises used as a workplace, including domestic premises while work activities are taking place. A private homeowner may not hold the same workplace responsibilities as an employer or person controlling commercial premises, but contractors and self-employed people remain at work when entering a home.
Clients, designers and contractors may also have responsibilities under Jersey’s construction-management framework. The correct survey and information should therefore be in place before trades disturb the building fabric.
When licensed asbestos work is involved
Jersey’s 2008 licensing regulations cover work that removes, repairs or disturbs asbestos insulation, asbestos coating or asbestos insulation board, including supervisory and ancillary work. The Regulations contain limited exemptions, so the material, task and duration must be assessed rather than assumed.
A UK licence is not automatically authority to work in Jersey; the Jersey Regulations set out a recognition and approval process.
Asbestos waste
Asbestos waste requires controlled handling, transport and disposal. In Jersey, the Asbestos Reception and Disposal Facility at La Collette is the designated facility accepting asbestos waste.
Never place suspected asbestos in ordinary household or construction waste.
Frequently asked questions
Do the UK Control of Asbestos Regulations 2012 apply in Jersey?
No. They are UK legislation. Jersey has its own Health and Safety at Work Law, ACoP 8 and Asbestos-Licensing Regulations.
Does ACoP 14 replace asbestos ACoP 8?
No. ACoP 14 provides general risk-management guidance and works alongside other approved codes. ACoP 8 remains Jersey’s asbestos-specific code.
Does every asbestos-containing material have to be removed?
No. Material in good condition that is unlikely to be disturbed can often remain in place under an effective management plan. Removal may be appropriate when condition, access or planned work makes management unsuitable.
Official Jersey sources
Asbestos ACoP 8 · Asbestos-Licensing (Jersey) Regulations 2008 · Management ACoP 14 · Jersey asbestos-disposal guidance
This page provides general information, not legal advice. Duties depend on control of the premises, contractual arrangements and the work being undertaken.
Need help applying the requirements?
We can review existing information, recommend the correct survey and prepare practical asbestos registers and management plans for Jersey premises.
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