What is the Duty Of Care?

Your company has a duty to make sure that waste produced is dealt with safely and complies with the law.

The Duty Of Care affects anybody who produces, carries, imports, treats or disposes of controlled waste.

Breach of the duty of care is an offence, with a penalty of an unlimited fine if convicted on indictment.

Controlled Waste: Commercial, Industrial, Special Waste and Household Wastes.

Your responsibility does not stop there!

In addition it is the companies responsibly to make sure the waste is disposed of safely and properly even once it has been passed onto another party.

For example:

The Duty of Care has no time limit, and continues until the waste has either been finally and correctly disposed of or completely recovered.

Storage Of Waste

You need to ensure waste is stored securely and properly to prevent any harm to the environment.

Points to consider:

Ensure waste is stored correctly to avoid spillage or leaks.
Containers are not damaged.
Ensure waste cannot blow away.

Waste Disposal

When disposing of waste, you must:

1. Ensure the waste carrier is registered
2. The waste disposal facilities have a waste management licence.
3. It is essential to check the waste carriers certificate.

Transfer Notes For Controlled Waste

A transfer note is required to keep a record of waste transferred and it must be completed, signed and kept by the parties involved if waste is transferred.

The transfer note should be kept for two years.

Below are a few points that should be included on a transfer note:

1. Name and addresses of both parties
2. Completed & signed by both parties.
3. Description of the waste.
4. Date and time of transfer.
5. Where the transfer took place.
6. Category of business.

What Is Special/Hazardous Waste?

Special Waste is subject to the Duty Of Care. However also requires compliance with the Special Waste Regulations. If the waste has any hazardous properties then it is possibly “Special Waste”.

Hazardous Wastes are known for their potential toxic or dangerous nature.

Examples are asbestos, chemical waste, solvents and used engine oils.

A consignment note is required to keep a record of special/hazardous waste.

A consignment note must be kept for three years.