A wide variety of waste is generated from healthcare activities and employers have a statutory duty of care in relation to the management of that waste. They are also responsible for complying with health and safety and transport legislation.
Department of Health guidance, the Safe Management of Healthcare Waste defines healthcare waste as 'any waste produced by, and as a consequence of, healthcare activities' and also covers offensive/hygiene and infectious waste produced in the community from non-NHS healthcare sources.
The guidance includes the following:
- A new methodology for identifying and classifying infectious and medicinal waste that complies with health and safety, transport and waste regulations. The new methodology is described as the unified approach and organisations using it will meet and go beyond the regulatory requirements.
- A revised colour-coded best practice waste segregation and packaging system. Producers may wish to adopt this system to aid the identification and segregation of their waste. By adopting the best practice system, standardisation can be achieved across the UK.
- The use of European Waste Catalogue (EWC) codes. The clinical waste
classification system using groups A to E has been removed as it no longer reflects appropriate segregation for treatment or disposal and does not easily fit with the use of EWC codes, which are now mandatory for all waste transfer documentation.
- An offensive waste stream to describe waste that is non-infectious (human
hygiene waste and sanpro waste such as nappies, incontinence pads and so on).
The key points are summarised in this section.
Duty of care
The statutory duty of care applies to everyone in the waste management chain. It requires producers and others who are involved in the management of the waste to prevent its escape, and also to take all reasonable measures to ensure that the waste is dealt with appropriately from the point of production to the point of final disposal.
A key element of the duty of care is the requirement for businesses to keep a written description, adequately describing the type and quantity of waste, to accompany the waste as it is moved from point of production to point of final disposal.
The main responsibilities of the waste producer in line with the duty of care are to:
- describe the waste fully and accurately
- complete and sign a waster transfer note (or consignment note for hazardous
waste) prior to waste being transferred to another party
- pack waste securely (where applicable) in line with the carriage regulations
- store waste securely on site
- register as a waste carrier (if required), and make all reasonable checks on waste carriers
- select an appropriate treatment or disposal method
- ensure waste falls within the terms of the waste contractor's waste management licence or permit.
The statutory requirements covering duty of care in waste management are contained in:
- section 34 of the Environmental Protection (EPA) Act
- the Environmental Protection (Duty of Care) Regulations (England, Scotland and
Wales)
- the Controlled Waste (Duty of Care) Regulations (Northern Ireland)
Further advice is given in Defra's (1996) Waste management: the duty of care - a code of practice. There is also a leaflet available online at www.defra.gov.uk
Employer responsibilities
As well as the duty of care, employers are responsible for complying with health and safety legislation. Even if staff are self-employed for tax or national insurance purposes, they are treated as employees for health and safety purposes. If any doubt exists about who is responsible for the health and safety of a worker, this should be clarified and included in the terms of a contract. However, legal duties with respect to Health and Safety at Work legislation cannot be passed on by means of a contract.
The legal position
The Environmental Protection Act, the Waste Management Licensing Regulations and the Pollution Prevention and Control (PPC) Regulations provide the legislative framework for waste management activities. These regulations specify, through waste management licensing and related exemptions and pollution prevention control permits, how waste should be managed and specific conditions that sites must adhere to.
Waste management licences and permits are required for the storage, treatment and disposal of many different types of waste.
Generally a licence is not required for the storage of waste on the site where it was produced, as this is covered by a waste management licence exemption. There are a large number of exemptions, with guidance on waste management licence exemptions, licences and permits provided in The Safe Management of Healthcare Waste.
Waste management licences (and related exemptions) and permits are regulated by the following agencies:
- the Environment Agency in England and Wales
- the Scottish Environmental Protection Agency (SEPA) in Scotland
- the Environment and Heritage Service (EHS) in Northern Ireland.
