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  Health and Safety Executive Asbestos licence assessment, amendment and revocation guide (ALAARG) Page 1 of 25 Contents   Introduction  3 Permissioning regimes  3 The Control of Asbestos Regulations 2012 (CAR)  3 Licensing  4 Licensing: General requirements  5 The Asbestos Licensing Unit (ALU)  6   Applications  6 Monitoring performance  6 Priority visit contractor (PVC)  7   Applying for a licence to undertake work with asbestos  7  Licensing: Formal meetings  8 Form ASB4  9 Completing the ASB4 form  9 HSE’s database (COIN)  9 Performance history  10 Little or no work during period of licence  10 Health and safety management assessment  11  Asbestos-specific matters  12 Inspector’s final comments and recommendation  13 Granting or refusing licences to work with asbestos  13  ALU action  14  ALPI action  14 Recommendation and decision  14 Licence duration  15 Licence refusal  15 Licence revocation  17   ALU action  17   ALPI action  17  Record of meeting  18 Recommendation and decision  18  Health and Safety Executive  Asbestos licence assessment, amendment and revocation guide (ALAARG) Page 2 of 25  Amendment procedure  19  ALU action  19  ALPI action  19 Recommendation and decision  19  Appeals procedure  21 LRB review  21 Section 44 appeal  21 References and further reading  24 Further information  25  Health and Safety Executive  Asbestos licence assessment, amendment and revocation guide (ALAARG) Page 3 of 25 Introduction 1 This document provides guidance on the asbestos licensing system. It should be read together with the other documents referred to. 2 This guide is primarily for regulators, but will be of interest to others involved with licensed asbestos work, including licence holders, applicants and clients. The Health and Safety Executive (HSE) website provides comprehensive information about all matters concerning asbestos www.hse.gov.uk/asbestos/index.htm. Permissioning regimes 3 Permissioning is used where the normal forms of regulation are not sufficient and where the extra demands imposed by the regime are justified by the benefits it brings.4 Asbestos is a highly dangerous material and presents substantial risks to the health of those who work with it and those who may be affected by it. Asbestos is a category 1 carcinogen, responsible for over 4000 deaths in the UK every year. It is the single greatest cause of work-related deaths in the UK. Consequently, work with asbestos is strictly controlled and is subject to a permissioning regime. Given the risks associated with working with asbestos, it is imperative that licensed contractors carry out their work with great professionalism and care.5 Asbestos licensing is one of only a few permissioning regimes operating in the UK. The Health and Safety Commission’s (now the Board of the Health and Safety Executive) Policy Statement: Our approach to permissioning regimes 1  should be consulted. Asbestos licensing is an addition to the general framework of health and safety law and is resource intensive. It will have a greater degree of regulatory intervention compared to non-licensed industries.6 Permissioning regimes build on the fact that the legal duty to manage risks lies with the organisations that create them. Consequently, exemplary management standards and arrangements are expected of licence holders, in addition to the specific knowledge required to carry out work with asbestos. The Control of Asbestos Regulations 2012 (CAR) 7 Full information on the legislation can be found in the Approved Code of Practice (ACOP) Work with materials containing asbestos  L143, 2  available from www.hse.gov.uk/pubns/books/l143.htm.8 All work with asbestos has to be carried out in accordance with CAR. Most work with asbestos is also subject to licensing. Regulation 8 requires that work with asbestos can only be carried out by an employer, or self-employed person, who has been granted a licence to work with asbestos by HSE. The only work with  Health and Safety Executive  Asbestos licence assessment, amendment and revocation guide (ALAARG) Page 4 of 25 asbestos that can be carried out without a licence is specified under regulation 3(2) and is detailed in the accompanying ACOP. Licensing 9 It is the employer (ie the limited company, partnership etc employing workers undertaking work with asbestos) who is required to hold the licence. Licences to work with asbestos are granted for any period up to a maximum of three years, and are subject to conditions. Decisions taken by HSE regarding licensing are subject to the civil standard of legal proof, ie that on the balance of probabilities the appropriate decision has been taken.  Licence types 10 ‘Full’ licences enable the licence holder to undertake all work with asbestos. Licensed asbestos work also includes: Supervisory work ■  (only for direct supervision of licensable work).  Ancillary work ■ , including scaffolding where asbestos is liable to be disturbed and which provides access for licensable work. Work with asbestos in your own premises ■  with your own employees. Supply of labour ■  ( not  management or supervision) to other licence holders to undertake licensable work. See the appropriate ALG memo. ALG memos are available online at www.hse.gov.uk/aboutus/meetings/committees/alg/memos_issued.htm. For full details of licensable work with asbestos see paragraphs 87 to 90 of the ACOP.  Licence conditions 11 All licences have three ‘standard’ conditions:  1 This licence or a copy thereof, should be made available by the licensee for  inspection at the request of any person to whom the licensee submits a tender or quotation for work with asbestos and shall be available for inspection at all work  sites. A copy of the licence shall accompany each notification required by Condition 2.  2 The licensee shall give notice in writing of the work to the appropriate HSE or local authority office at least 14 days before the work is commenced, or such other period as the authority will allow. The notice shall specify the type of work to  be carried out, the likely duration of the work, the address of the premises at which the work is to be carried out and the date of commencement of the work activity. The enforcing authority must be informed in writing as soon as possible if this  information changes. This condition will not apply for any work carried out with  asbestos, which is subject to the exemptions specified in regulation 3(2) of the Control of Asbestos Regulations 2012, or when the licensee hires out employees (at operative level) to other licensees.3 (a) Prior to submitting the notice of work required by Condition 2 the following documents shall be prepared by the licence holder:(i) a suitable and sufficient written statement of the plan of work to be used.
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