Environmental Protection (Duty of Care) Regulations 1991
Environmental Protection (Duty of Care) Regulations 1991
Summary
All those who produce or handle wastes from demolition, earthworks and construction activities are now legally obligated to ensure its safekeeping, transport and subsequent recovery or disposal. Failure to comply with this can result in a fine.
This means that for those who are producing or transporting waste, the following applies:
- To ensure that all waste you produce is handled, recovered and disposed of responsibly. Even if you are a subcontractor and the contractor arranges for your waste disposal, you remain responsible under the Duty of Care.
- Only registered waste brokers and carriers can be used for dealing with and transporting waste. You will also need to register as waste carrier if you are taking care of transporting your own waste.
- To keep a record of all waste received or transferred using Waste Transfer Notes.
One of the aims of the Duty of Care is to stop waste producers from simply handing waste over, without considering where it will be going. On a construction site, the waste producer is the person carrying out the work which gives rise to the waste, not the person who issues instructions or establishes contracts that give rise to waste. Where a haulier is brought by the main contractor to remove a sub-contractors waste, the main contractor is acting as a broker and all three parties are therefore subject to the duty.
Wherever waste is being stored, it must not be allowed to escape. This means that all containers/skips must be safe and secure, and they should also be labelled accurately. Waste should also be segregated to prevent mixing. It is the employers responsibility to make sure that all employees are aware of the location of the containers, and what can go in each.
There is currently a consultation on this legislation, with the view to tackle fly tipping more effectively. The new Waste Controls Regulations covering the handling, transferring and transporting of waste are due to come into force in April 2009 in England and Wales.
Implications
May encourage more specialist waste collection and disposal contractors to be formed which will have cost implications to the construction contractors, this in turn may force contractor to look at ways to minimise wastage. Waste must be stored securely under this legislation, so as to prevent it causing pollution or harm. This storage has associated costs, however, failure to comply could incur prosecution.
Overlaps
Under The European Landfill Directive, the construction industry must ensure any waste contractors they use comply fully with the Duty of Care.
Opportunities
May force contractor to look at ways to minimise wastage. The need to properly store waste can lead to the industry requiring more skips which would increase business for those who hire them out. Also, the efficient storage of waste, and thus the greater control of it, can lead to an improvement in relations with neighbouring sites/residents. This could present some positive PR opportunities for businesses.
Guidance
The following organisations provide guidance on the Duty of Care Regulations: