Environmental FAQ

Duty of Care

Should I follow my waste carrier to check that he doesn't fly-tip my waste?

There is a short and a long answer to this.

The short answer is 'possibly', if it is deemed 'reasonably practicable'; however, it is only likely to be needed in extreme circumstances.

The 'Duty of Care' for waste does not specify the circumstances or lengths to which you should go to ensure that your waste is managed effectively. It says that anyone involved in the waste chain has a duty to ensure that: -

• Their waste is not illegally disposed of
• Their waste doesn’t ‘escape’
• They prevent others from causing an offence
• Their waste is only transferred to an authorised person or for authorised transport purposes
• On transfer, their waste is adequately described

Due to responsibility lasting from 'cradle to grave', you must ensure that your waste is managed from production until it is finally disposed of. This may be difficult especially when it has been handled by various contractors, but there are a few simple checks that can be made to make sure that your waste is being managed properly.

There has to be a bit of a judgment call in terms of how far or what lengths you go to ensure that your waste has not been mis-managed and it is recommended that the more suspicious you are or the more evidence you have then the more lengths you should take.

The following may indicate that a breach has occurred: -

• Waste being removed without proper storage
• Damaged or insecure containers
• Incomplete or inadequate waste transfer note
• Unsupported claim of exemption from need to register as a waste carrier
• Failure of the waste to arrive at the agreed destination
• Observing your carrier fly-tipping someone else’s waste
• Carriers returning to the your site (to pick up another load perhaps) without sufficient time having elapsed for them to have reached the licensed/ permitted waste management site
• Very cheap disposal costs (in consideration of current landfill tax price and gate fee)

What checks can I make on the Company?

The following checks can be made to confirm your suspicions:

• Check that your waste carrier is registered with the regulator- this can now be done online
• Make sure you know where your carrier is taking your waste (some may claim that this is commercially sensitive but you need to know in order for you to fulfill your duty of care)
• Call the waste management consignee to confirm that your carrier actually delivered your waste
• Get a copy of the waste management consignee’s licence or permit and check that they can receive the waste you are generating
• Follow your waste contractor on one occasion to check where it is delivered to (this may only be ‘practicable’ if the waste facility is nearby)

What should I do if I suspect a breach?

If a breach of the duty is suspected, the following action can be taken:

• Check the facts to ensure that a breach has actually occurred
• Cancel further dealings with the offender
• Report the offender to your regulator
• If cancellation is impossible, e.g. because it would result in a breach of contract, then do whatever is practicable to prevent further offences (compliance with the duty of care should be built into contracts in the future)
• If the waste was wrongly described, analyse further transfers
• If the waste was badly packed, inspect subsequent loads
• If a load does not arrive at its destination, ensure that subsequent loads are monitored and arrive safely