Waste 'Duty of Care'
Waste can be defined as ‘any substance or object which the producer or the person in possession of it, discards it or intends to discard it or is required to discard it’.
All golf clubs in the UK generate some form of waste and these can vary from the contents of the paper bins to waste equipment, containers, chemicals, etc.
Under existing legislation businesses producing, importing, carrying, keeping, treating, disposing or brokering wastes have an obligation to ensure that the waste is properly controlled and managed according to a legal “duty of care”.
Stored waste is segregated into different types dependent on the level of risk it poses to human health and the environment.
Controlled wastes encompasses household, commercial, industrial, agricultural, mining and quarrying wastes.
The wastes that apply to a golf club are subdivided into:
- Household waste arises from dwellings.
- Commercial waste arises from premises used wholly or mainly for trade, business, sport, recreation or entertainment.
Wastes are further subdivided into:
- Clinical waste arising from the golf club's business practices e.g. sanitary bins
- Hazardous or Special (in Scotland) waste, deemed hazardous due to their properties of toxicity to humans and the environment.
- Waste Electrical and Electronic Equipment (WEEE) discarded electrical equipment, etc.
A Golf Club must ensure that any hazardous/ special waste produced is disposed of in an environmentally responsible way using a carrier registered to dispose of these types of waste.
When disposing of waste, it must be passed to a company licensed to accept and dispose of the category of waste.
Controlled waste is disposed of via a Transfer Note.
All transferors and transferees are required to complete and sign a “waste transfer note” (for hazardous waste/special waste this is known as a consignment note) at the same time as the written description of the waste is transferred.
The transfer note must identify:
- The waste in question (and include the appropriate List of Waste code).
- The state, solid, liquid, etc.
- Its quantity; how it is packaged or contained. In some circumstances it may be loose e.g. waste spoil or soil.
- The time and place of transfer.
- The name and address of the transferor and the transferee.
- Whether the transferor is the producer or importer of the waste.
- Which (if any) authorised transport purpose applies.
- Which category of person the transferor and the transferee are.
- Required certain additional information.
Multiple waste transfers over a defined period of no more than one year can be covered by one transfer note covering multiple transfers. This is known as a "season ticket".
The use of a season ticket is permitted when:
- The description of the waste transferred remains the same.
- The parties involved in the transfers do not change.
The transferor and the transferee are required to keep the written description of the waste and the transfer note.
The regulations require detailed records to be kept by all parties, including transfer notes and consignment notes, carriers’ schedules and multiple collection notes.
Producers should keep all records for at least two years for non-hazardous waste and three years for hazardous waste, from when the waste is transferred.
Carriers’ records should include the same information and should be retained for at least twelve months following delivery of the waste.
A record should be kept of waste material sent for disposal, where it was sent to, who transported it and the date it was sent. These records must be retained for two years.
The disposal of waste must only be carried out by a registered waste disposal contractor. The premises proprietor should always ensure that the waste contractor used is licensed to carry the type of waste being disposed of. Waste transfer notes will be required for the disposal of all wastes.
Waste Transfer notes are required to be kept for:
- Two years for non-hazardous waste, animal by-products and waste oil.
- Three years for hazardous waste.
Collection notes for each load uplifted should be issued by the waste contractor where twelve month Transfer Notes are in place.
The main requirements of waste management are:
- A suitable and sufficient risk assessment on the safe handling and disposal of waste.
- Suitable information, instruction and training to staff who are involved with waste maintenance.
- Reporting to Environmental Agency, Scottish Environmental Protection Agency (SEPA) and local authorities of any waste safety issues.
- Compliance with environmental law in relation to disposal of waste.
- Retaining records of any details of waste that is produced and transferred by the business for disposal.
- Employment of an approved waste contractor to dispose of waste.
- Emergency procedures to deal with any spillages of waste.
- Labelling and storage of any hazardous waste.
- Health surveillance for any staff who may be exposed to hazardous waste materials.
Questions to Consider
- Is there an appropriate spills kit available to control spillage of hazardous waste?
- Is there health surveillance carried out on staff who may be exposed to potentially hazardous waste materials?
- Are records retained on site of all waste transfers?
- Is any of the waste that you create hazardous to health?
- Are staff required to wear personal protective equipment to protect themselves when handling waste?
The above guidance provides an introduction on the main requirements needed to adequately manage this health and safety topic. If you require further guidance, risk assessments or template documentation on this subject please consult your relevant full guidance health and safety website (BIGGA, England Golf, Scottish Golf, Wales Golf). If you do not hold the log in details for this website, for your club, please speak to your golf club management team to identify who the account administrator is and request the details.