The Environmental Protection Act 1990 has, for over 30 years, been the go-to legislation for guidance regarding waste disposal in businesses. The Duty of Care is part of this legislation, and states that it is the legal duty of those dealing with certain types of waste to ensure that it is safely managed.
Related to this is the Code of Practice – legislative guidance that was developed to keep waste management as simple as possible for those who need to follow the Duty of Care. However, the current Code of Practice doesn’t reflect some important legislative changes, many of which inform the way businesses should be treating waste in the current day.
As such, the UK Department for Environment, Food and Rural Affairs has revised the Code of Practice in an effort to achieve the following:
- Explain the legislative requirements of the Duty of Care, and make clear who and what they apply to;
- Provide guidance so that each user understands how to demonstrate compliance with the Duty of Care;
- Signpost other legislative requirements that apply to the management of waste and must be complied with alongside the Duty of Care in particular circumstances; and
- Publish in a format that meets the needs of the user.1
You can view the updated document online here.
So, what does Duty of Care mean in terms of your waste disposal?
Environmental Protection Act 1990 – using a waste management provider you trust
The waste that you produce on your site is your responsibility at all times. The Duty of Care can be effectively summarised by knowing that you have the responsibility to:
- Prevent potentially harmful deposit, disposal and treatment of waste
- Make sure any waste companies you work with have the correct authorisation
- Prevent a breach (failure) by any other person to meet the requirement to have an environmental permit, or a breach of a permit condition
- Provide an accurate description of waste when it is handed over to a waste disposal service
- Prevent waste escaping from your control and ending up in the natural environment2
Compliant waste management is partially about finding a waste management company you trust. You need to check that they are authorised to collect waste from your premises and be clear on where they are taking the waste being collected and what will be done with it.
If you suspect your waste is not being handled correctly, it falls under your remit to make further checks. For instance, you can ask your waste service provider to prove that the waste has arrived at the intended destination and that it has been appropriately treated.3
Initial Medical is here to keep you compliant!
We are a trusted and authorised waste management company. As such, we promise to keep all of our customers compliant with their waste disposal. If you have any questions about the Environmental Protection Act 1990 and how we can help you, please get in touch with the team for more information.
To find out more, visit our Initial Medical website today.
About Initial Medical
Initial Medical set the standard in healthcare and infectious waste management in the UK, providing a reliable, effective and fully compliant service built around customer needs and delivered by our highly trained local teams. We are ISO 9001:2015 accredited, with technology fully integrated into our operations, providing full traceability of service delivery, electronic waste documentation and the best customer experience possible. We also offer innovative healthcare waste management services and infection control products, to help break the chain of transmission and prevent cross contamination.
Initial Medical are a company with a ‘World Class’ Health and Safety record, and ISO 45001:2018 accreditation. We are also accredited to ISO 14001:2015 environmental standards, and pride ourselves on our sustainable approach with a focus on delivering eco-friendly products and operational solutions.
To find out more, visit our Initial Medical website today.
1 Department for Environment, Food and Rural Affairs. The revised Waste Duty of Care Code of Practice. Link: https://consult.defra.gov.uk/waste/the-revised-waste-duty-of-care-code-of-practice/#:~:text=The%20Duty%20of%20Care%20is,waste%2C%20known%20as%20controlled%20waste [Last accessed February 23].
2 Gov.uk. Waste duty of care: code of practice. Link: https://www.gov.uk/government/publications/waste-duty-of-care-code-of-practice/waste-duty-of-care-code-of-practice#:~:text=You%20have%20a%20responsibility%20to,journey%20to%20disposal%20or%20recovery. [Last accessed February 23].
3 Gov.uk. Waste duty of care: code of practice. Link: https://www.gov.uk/government/publications/waste-duty-of-care-code-of-practice/waste-duty-of-care-code-of-practice#:~:text=You%20have%20a%20responsibility%20to,journey%20to%20disposal%20or%20recovery. [Last accessed February 23].
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