Health & Safety Update (January 2009)

Are refurbishment contractors unwittingly breaking the law?

Over half of the construction industry seems to be completely unaware of legislation which came into force more than 6 months ago- known as the Site Waste Management Plans Regulations 2008.

Failure to comply with the legislation, introduced to curb wasteful management of resources, could mean fines of £5,000 or even imprisonment - yet awareness remains low.

A recent report carried out by the Federation of Master Builders and NetRegs indicates that more than half of UK construction workers are unaware that Site Waste Management Plans (SWMP's) are mandatory for projects worth over £300,000.

Since 6th April 2008, SWMP's have been required for all new English construction projects worth more than £300,000. The plans, introduced by DEFRA are required prior to commencement of works and aim to minimise waste produced by construction projects. Currently, the construction industry annually produces approximately 1.45 tonnes of waste for every person living in the UK.

The findings are of concern due to the shared nature of responsibilities under the legislation requiring SWMPs. Responsibilities to produce SWMPs are shared by the client and principal contractor.

If you are a client, what should you do?

As a client, you are responsible for:

• Producing the initial SWMP before construction work begin;
• Appointing the principal contractor;
• Passing the SWMP to the principal contractor;
• Updating the SWMP at least every three months if you decide to manage the project yourself.

For projects estimated at between £300,000 and £500,000 the SWMP should contain details of:

• Types of waste removed from the site;
• Identity of the person who removed the waste;
• Site that the waste is taken to.

For projects estimated at over £500,000 the SWMP should contain details of the:

• Types of waste removed from the site;
• Identity of the person who removed the waste and their waste carrier registration number;
• A description of the waste;
• Site that the waste was taken to;
• Environmental permit or exemption held by the site where the material is taken.

Consequences of inaction: fine or prison

Failure to ensure that adequate regard is given to provide SWMP's will mean liability for fines of up to £5000 or even imprisonment.