Duties of care

DUTY OF CARE The concept of the duty of care for waste is set out in Section 34 of the Environmental Protection Act (1990) which states that it is the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste to keep that waste properly under control. 

Section 34 of EPA 90 imposes a cradle to grave philosophy for waste management. This places a duty of care upon anyone who has control of controlled waste, i.e. importers, producers. 

Duty of Care Regulations outline a transfer note system from which the Environment Agency can trace the destination of waste and previous holders. The information required on a transfer note is illustrated in Eigure 17.2. In order to comply with the statutory duty of care in respect of waste the following procedures are advised in a Code of Practice ... 

Figure 17.2 Controlled Waste Transfer Note to comply with Duty of Care...

Duty of care - waste and your duty of care... 

Establish a system of transfer notes and record keeping of waste transfers to assist waste holders comply with their duty of care under Section 34 of the EPA 1990. 

The defendant must have owed a duty of care to the plaintiff ... 

All individuals and companies have a duty of care to their neighbours, and to the environment in general. In the United Kingdom this is embodied in the Common Law. In addition to this moral duty, stringent controls over the environment are being introduced in the United Kingdom, the European Union, the United States, and in other industrialised countries and developing countries. 

D Duty of care Owed to the claimant easy to establish in the case of the supplier or manufacturer vis a vis the patient who uses the product... 

The soil framework directive should be presented by the end of 2005. At the current time it remains uncertain which of the above soil threats will be regulated by the EU and which will be the responsibility of member States. However, the number of regulations is bound to rise. Furthermore, new measures will probably have to be paid for by private owners based on their duty of care. Only orphan sites may attract public funding. 

The Action Programme also demands to place "the responsibility on manufacturers, importers and downstream users for generating knowledge about all chemicals (duty of care) and assessing risks of their use, including in products, as well as recovery and disposal."... 

Although hydroxycarbamide is a licensed medication, it is not licensed for the management of sickle cell anaemia use in this case is unlicensed or off-licence. As every pharmacist assumes a duty of care to a patient when supplying a medicine, this means that if an adverse reaction is suffered, the supplying pharmacist may assume some liability along with the doctor who prescribed it. 

Suppliers should be advised at the outset of an audit that they wiU be accorded the opportunity to review and correct a draft of the Audit Report before it is issued, as we have mentioned above. There should also be some agreement as to the timetable expected for the issue of a draft report. It is not proper for a supplier to seek to approve the audit report since that could amount to an attempt to gag the auditor. By permitting the audit in the first place, the supplier has effectively given the auditor permission to exercise his/her professional impartiality and this freedom may not subsequently be withdrawn. The contents of the report are the auditor s opinions and should not be influenced except where they are based on factual misconceptions that must be corrected by the supplier. The auditor has a duty of care to the supplier to permit this. The supplier should retain a copy of the draft Audit Report with a note of their review comments. A final copy of the approved and issued report must also be furnished to the supplier by the auditor as the basis for future business relationships. 

Duty of care is based on avoiding reasonably foreseeable adverse consequences. The failure of duty of care implies negligence. It has been successfully applied to deficiencies in ... 

GxP regulatory authorities also have a duty of care to the pharmaceutical and healthcare companies inspected, but what constitutes their duties is not precisely defined. Few cases have been successfully brought against GxP regulators. 

A plaintiff (person who believes he/she has been injured) seeking to obtain compensation from a defendant (via the law of negligence) must prove three things 1, that the defendant owed a duty of care to the plaintiff 2, that the defendant failed to exercise reasonable care and 3, that the plaintiff has a suffered actual injury as a result. 

Unlawful killing in circumstances that do not amount to murder (which requires an intention to kill), e.g. causing death by negligence that is much more serious than mere carelessness reckless, breach of the legal duty of care. 

Making the chemical industry more responsible for generating knowledge about chemicals, evaluating their risks, and maintaining their safety -establishing a new duty of care. ... 

---