Duty of Care Assessment Tool
Take our quick, online test to find out if you're obligated under these Regulations.
Duty of Care Assessment Tool
Is it Waste?
The 2008 Waste Framework Directive embedded in UK law states that waste is "...any substance or object which the holder discards or intends or is required to discard..." Guidance on this can be found here.
Please note, this online tool is for illustrative purposes. There are many other possible variables, for a definitive answer please contact us on 03450 682 572. It does not constitute legal or professional advice and must not be relied on as such.
Has your company or any of its staff produced waste?
This would include any office waste, such as office paper and any staff waste from lunches. If you have warehouses or production areas it is very rare to produce no waste at all. You are not responsible for the waste produced by contractors you have on site.
Have you got the correct containers for your waste streams?
Containers need to be correctly and clearly labelled, be suitable for transportation, and prevent the leakage, contamination or spoiling of waste. Make sure hazardous waste is separately contained to prevent all waste being classified as hazardous. Use our EWC code search to find the right code for your waste so that containers are correctly labelled.
Do your waste contactors have the correct licences?
Brokers, carriers and dealers should all be registered with the relevant environment agency to transport waste from one site to another. You can check on the public registers for licenced Waste Carriers. Don't forget to check if any of your activities require a waste carriers licence.
When your waste is collected, is the right documentation filled in?
Non-hazardous waste should be covered by a Waste Transfer Note (WTN). You can have annual season tickets for regular non-hazardous waste collections with the same contractor. Don't forget you can use edoc to electronically manage your WTNs. Hazardous waste should be covered by a Consignment Note.
Are you storing your documentation for the correct time?
WTNs should be stored for a minimum of two years, whereas Consignment Notes, including consignee returns, (part E) should be stored for a minimum of three years.
Is your waste being taken to a correctly licenced facility?
The facility your waste is taken to should be registered with the relevant authorities and should hold either a Permit or an Exemption allowing it to accept the waste described on the WTN or Consignment Note. You can search for Permits and Exemptions on the Public registers, or you can contact the relevant environment agency.
Do you have an audit trail for your waste's journey to disposal?
You should have an audit trail for all your waste streams detailing all the information you have collated on your duty of care and be able to produce these should you receive a visit from the relevant environment agency.
You are compliant
Based on the information you have provided you are compliant with the waste Duty of Care obligations for waste producers. If you have any further questions contact us on 03450 682 572 or email firstname.lastname@example.org or check out our Sustainability Platform page to see how Valpak helps companies comply with Duty of Care.
Need some assistance?
If you're not sure whether you're doing the right thing, we can help you go through your specific queries. Call us on 03450 682 572 or email email@example.com or check out our Sustainability Platform page to see how Valpak helps companies comply with Duty of Care.
You don't have waste
You don't have any waste so you don't have duty of care obligations. Make sure you document your reasons for why it is not waste. Ideally you should log this in your business’ Environmental Management System (EMS) or similar process log. If you're unsure please contact us on 03450 682 572 or email firstname.lastname@example.org
You're not a waste producer
If you do have contractors producing waste you may want to double check that they are correctly handling waste that links to your business. If you're unsure please contact us on 03450 682 572 or email email@example.com
You're not compliant with the storage requirements
Speak to your waste contractors to get suitable containers as you face the risk of receiving a fixed penalty notice (maximum of £110), a fine or being prosecuted under Environmental Protection Act S.34.1(b) If you're unsure please contact us on 03450 682 572 or email firstname.lastname@example.org.
You may be using contractors who are not compliant
Speak to your waste contractors to make sure you have the correct name for the contractor or ask them for a copy of their licence. Otherwise you should look to change waste contractors as you face the risk of being prosecuted under Environmental Protection Act S.34.1(c)i for using waste contractors who are acting illegally. If you're unsure please contact us on 03450 682 572 or email email@example.com.
Your paperwork is not compliant
If your contractors are not listing the correct information to comply then you will need to discuss with them changing their paperwork or move to another contractor. If the correct paperwork cannot be produced you could receive a fixed penalty notice of £300 or prosecuted under the Environmental Protection Act S.34(c)ii. If you're unsure please contact us on 03450 682 572 or email firstname.lastname@example.org.
You're not compliant
You may be using facilities that are not compliant
Speak to your waste contractors to make sure you have the correct name for the contractor or ask them for a copy of their permits and exemptions. If they do not own the facility where your waste is taken ask them to send you the copies they hold. Otherwise you should look to change waste contractors or facilities as you face a fixed penalty notice, unlimited fine or prosecution from the relevant environment agency should the waste be sent to an illegally operating site. If you're unsure please contact us on 0450 682 572 or email email@example.com.