Duty of Care Regulations 1991 (current)

These Regulations focus on the production and treatment of waste. It imposes a duty of care on anyone who produces, transports or stores waste and requires that there is no unauthorised or harmful disposal of waste throughout its cycle. If you give someone else your waste YOU must be sure that they are authorised to take, transport, recycle or dispose of it safely.

The regulation also includes the requirement for transferors and transferees of waste to complete and sign a transfer note that must be kept for two years following the transfer. This document must be provided at the request of the authority.

Who does it apply to?

Duty of Care DoC applies to everyone who produces, imports, stores, transports and treats or disposes of waste. It also applies to those who organise these activities. Householders and Charities are exempt from the Duty of Care.

What action should I take?

The law states that you must take all reasonable steps to uphold Duty of Care and complete paperwork to prove this. 'Reasonable' depends on what you do with the waste. The government issues a Code of Practice - Waste Management, The Duty of Care, A Code of Practice, ISBN 0 11 75 32, see NetRegs.

There are basic precautions that your company should take including:

• preventing the escape of any waste
• preventing the waste from causing pollution or harm to anyone
• store the waste in a suitable container, covered if loose in a skip or lorry
• check that anyone who is taking your waste is authorised to do so
• describe your waste in writing by completing, signing and keeping a transfer note

Who is authorised to remove waste?

To remove waste the carrier must hold a registration certificate. If you are in doubt of its validity contact the Environment Agency (www.environment-agency.gov.uk) for further advice. Always ask to see a waste management licence and check that it covers your type of waste.

What is a transfer note and how do I complete one?

A transfer note gives an accurate description of the waste. Again the Duty of Care Code of Practice gives examples of transfer notes and a full guide to completing them.

The key elements of a transfer note are described below, please refer to the Code of Practice to ensure that yours are correct.

Key Elements of a Transfer Note:

Section A

• A description of the waste being transferred
• How the waste is contained
• The quantity of waste
• European Waste Catalogue code

Section B (current holder of waste, transferor)

• Name and address of company
• Whether the transferor is a: Producer of waste, Importer of waste, Registered carrier of waste
• Holder of licence
• Waste collection authority
• Exemptions
• Licence numbers
• Registration numbers

Section C (collector of the waste, transferee)

• As in section B

Section D

• Address of place/transfer collection point
• Date and time of transfer
• Name and address of any broker who arrange the transfer
• Signatures of transferor and transferee

You must keep a copy of the transfer note for at least 2 years after the signature date.