Duty of care Regulations

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 ... 

The Environmental Protection (Duty of Care) Regulations 1991 state that as a business you have a duty to ensure that any waste you produce is handled safely and in accordance with the law. This is the Duty of Care and applies to anyone who produces, keeps, carries, treats or disposes of waste from business or industry. 

Obsolete documents must be removed or replaced as soon as they are no longer relevant. Removed or replaced documents should be retained on file as evidence fhaf this requirement has been complied with. Some obsolete documents may need to be retained for legal or record purposes to explain why certain courses of action were followed in the past. For example, if a new waste contractor is used, the documentation relating to the previous waste contractor must meet the requirements of fhe Duty of Care Regulations. It will also assist new supervisors on the site to understand what they should examine when they perform Duty of Care audifs on the waste contractor. 

Environmental Protection (Duty of Care) Regulations 1991, The Stationery Office, London (1991)... 

The Environmental Protection (Duty of Care) Regulations 1991 require that the movement of waste is performed under a system of transfer notes and records. The transferor (the giver), and transferee (the receiver), of controlled waste must complete and sign a transfer note. This note must contain the following information ... 

The Environmental Protection (Duty of Care) Regulations 1991 require that the waste generator take responsibility for the waste from cradle to grave. The duty does not end when the waste leaves the premises but extends to ensure that it is treated in a proper manner throughout its transportation and final disposal. It is important that a potential waste contractor is subjected to a Duty of Care audit prior to final selection. 

The movement of the waste will need to be documented with a transfer note under the Duty of Care Regulations 1991, or if it is a special waste, with a special waste consignment note under the Special Waste Regulations 1996. There is a statutory responsibility for the producer to keep these notes for a period of two years for waste transfer notes or three years for consignment notes. 

Control and Disposal of Waste Regulations 1988 Special Waste Regulations 1996 Builders Skips (Marking) Regulations 1984 Environmental Protection Act 1990 Environmental Protection (Duty of Care) Regulations 1991 Environmental Protection (Prescribed Process and Substances) Regulations 1991... 

Check the proposed use of skips for compliance with the requirements, and stipulate any special requirements in the safety plan. Liaison with the local authority is desirable, as it may reveal local specific restrictions on the use of skips. Contractual arrangements should be checked to ensure that responsibilities under the Duty of Care Regulations are met. 

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