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Telephone Mast Review - Health and Safety Inspectorate - Submission - 22 January 2007

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Health and Safety Inspectorate – Telephone Mast Review Legislation

There are no specific health and safety regulations covering the issue of Non-ionising Electromagnetic Fields and Radiation (EMF's) in Jersey

The Health and Safety at Work (Jersey) Law, 1989, does place duties on employers to ensure, so far as is reasonably practicable, the health and safety of their employees, which includes a requirement to provide adequate information, instruction, training and supervision. Employers are also required, in general terms, to safeguard, so far as is reasonably practicable, the health and safety of others who could be affected by the manner in which they carry out their business.

Health and safety legislation is intended to be self regulating, setting minimum standards to which employers, or others with duties under the legislation, are required to meet.

In determining the measures that should be taken to meet these legal requirements, it is advised that employers should have regard for recognised national or international guidelines. The measures should set out the manner in which the monitoring of the arrangements for complying with the Law is achieved.

The Law provides for the appointment of Inspectors to enforce the requirements of the Law.

Work of the Health and Safety Inspectorate

The work of the Inspectorate may be broadly classified in two groups, reactive work and proactive work.

Reactive work would include investigations into accidents and ill health resulting from work activities and responding to complaints.

Information on accidents or ill health is obtained either by individuals or organisations, including the emergency services, making direct contact with the Inspectorate, or through information obtained as a result of individuals making claims on the Social Security Benefit system.

Proactive work includes carrying out targeted initiatives seeking improvements in areas which have been identified as giving rise to concern.

The Inspectorate is staffed by three appointed Inspectors, including myself.

Both technical and specialist support is available to the Inspectorate from the UK Health and Safety Executive. Where considered necessary, HSE Specialist Inspectors are invited to the Island to assist in investigations carried out by the Inspectorate.

Planning applications for telephone masts

In view of the interest of the Health Protection Section, whose remit includes public health, an agreement was reached between the Inspectorate and the Health Protection Section that they would carry out the review, and make comment as necessary, of applications made for planning permission for telephone masts. The agreement extends to Health Protection being able to refer back to the Inspectorate for comment on any issues of concern or need for clarification.

As the staff of the Inspectorate do not have any expertise in the area of EMF's, any specific concerns would be discussed with Specialist Inspectors of the Health and Safety Executive.