Duty of Care |
The duty of care applies to all businesses and organisations that generate waste materials as a result of their operations or generated within the workplace. These materials are classified as ‘Controlled Waste’ and the handling and treatment of these are regulated by law. You have a duty to ensure that any waste you produce is handled safely and in accordance with legislation. It applies to anyone who produces, imports, carries, stores, treats or disposes of controlled wastes from business or industry or to anyone acting as a waste broker. |
Businesses and organisations must take all reasonable and applicable meaures to:
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Prevent anyone illegally keeping, treating, depositing, disposing of or recovering your waste. |
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Ensure that the person handling the waste has the appropriate, and valid, waste management licences or exemption from need for such a licence. |
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Ensure that the waste is only transferred to an “authorised person” and that the transfer is accompanied by a written description of the waste. (WTN – waste transfer note) |
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Prevent materials escaping from your control or the control of anyone else handling the waste on your behalf by packaging it in the most appropriate manner |
| A principle aim of the Duty of Care is to prevent waste producers from just passing their waste to anyone prepared to take it without giving due consideration to how the materials are to be handled, treated or disposed of. |
The responsibility for your waste continues even after it has been passed onto a third party until the waste has been finally and properly disposed of or fully recovered or recycled. |
You are required by law to retain a copy of the waste transfer note for a period of two years for most controlled wastes or for three years in respect of Hazardous Waste |
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