Legislation

What is it?

Your ‘duty of care’ is your obligation to ensure that any waste you produce is handled safely and within the law.
It is also your duty to check anyone that you pass your waste on to is legally authorised to take it. If you do not check and it is illegally disposed of, you could be held responsible.

Who is affected?

If you have a business, the duty of care applies to you.
Commercial, industrial and household wastes (including hazardous/special wastes) are classified as ‘controlled waste’. The duty of care applies to all controlled waste. This means that waste materials produced as part of your business or within your workplace are regulated by law.

What must you do?

You must ensure that:

•    you store and dispose of all your waste responsibly
•    your waste is only handled or dealt with by people or businesses that are authorised to do so
•    You keep records of all waste that you transfer or receive for at least two years.

You have a responsibility to:

•    Stop anyone storing, disposing of or recovering your waste unless they have an environmental permit (England and Wales), a waste management licence (Northern Ireland and Scotland), or an exemption. Check their permit, licence or exemption to make sure that they are within its conditions.
•    Package all waste materials appropriately and robustly to stop them escaping from your, or anyone else’s, control.
•    Ensure that your waste is only transferred to a person or business authorised to deal with your particular type of waste.
•    Ensure that the waste being transferred is accompanied by a written description that will enable anyone receiving it to dispose of it or handle it safely and appropriately.

To find out more about Duty of Care please visit the Environmental Agency’s website.