As the COVID-19 pandemic rolls on, it is easy to give in to COVID fatigue and stop thinking about COVID-19 risk in the workplace. However, it is essential that employers continue to manage the potential risk of COVID-19 transmission in the workplace, and that they keep their risk assessment and associated controls up to date.

Below we’ve put a brief guide to risk assessments together, but for those starting from scratch, we’ve developed a brand new online course! You can read more about that here!
Steps to risk assessment
The fabled “5 steps to risk assessment” is tried and trusted and very much pushed by the Health and Safety Executive (HSE). Guidance on this is available on the HSE website (https://www.hse.gov.uk/simple-health-safety/risk/index.htm). The key steps are highlighted below:

  1. Identify the hazards
  2. Who is at risk and how?
  3. Evaluate the risk and decide if existing controls are adequate or more are required
  4. Record the findings
  5. Review the assessment

There are of course, other methods that you can use, but with respect to the fundamentals of risk assessment, this is what your assessment should cover. If completed properly this should satisfy the requirement for completing a suitable and sufficient risk assessment.

Let’s have brief look at each of these stages with respect to specifically assessing the risk of employees returning to work in the office at this present time:
Identify the hazards
Think about your current workplace. Does it provide a safe environment for all at this time with respect to transmission of COVID-19? We are now a good 18 months into the COVID-19 pandemic and at the present time, almost all legal restrictions are being lifted. The key is to ensure the transmission of COVID-19 within the workplace is minimised by all who are likely to occupy it and move within it.
Who is at risk and how?
Your employees, contractors, visitors, members of the public, just to name a few should come into your thinking. Think about who may be risk as result of the shift back to the office. Consider those particularly at risk. Are there those who may be classed as vulnerable? Do you have arrangements / systems in place to minimise the risk to this group?
Evaluate the risk and decide if existing controls are adequate or more are required
In this step there is a requirement to concentrate on what controls are in place at the moment to minimise the transmission of COVID-19 within the workplace. These should be considered in making a judgement on the level of risk. Are more controls required for the workplace?

Such controls may include home-working, staggered start times, hybrid (office and home) working, social distancing, provision of masks / face-coverings, requirement for the use of masks / face-coverings, provision of hand sanitiser, signage, cleaning regimes, physical screens, restrictions on meeting room occupancy, one-way systems and minimising pinch points. Also think about the provision of information to employees, visitors and contractors and if suitable emergency arrangements are in place for the workplace with respect to fire evacuation and first aid provision.

Depending on which jurisdiction you are in (i.e. England, Wales, Scotland, Northern Ireland) consult the relevant government guidance on managing COVID-19 in the workplace.
Record your findings
Ensure that your key findings are documented and communicated to those people at risk. Make sure your assessment is accessible if people want to read it. Make the assessment easy to understand and user friendly. This will promote compliance amongst those who are required to implement it.
Review the assessment
As we have seen over the last 18 months, the situation with the pandemic can be become fluid very quickly, so it is important to keep abreast of current developments and changes in government guidance and the impact of these on your risk assessment. Thus, the findings of your risk assessment should be reviewed frequently. This will allow your assessment to remain suitable and sufficient and ultimately effective in managing the risk of transmission.
In summary, here is a reminder of some of the key points:

 

If you need more help. Why not click the image below and book on to our excellent risk assessment course? Specially designed by our experienced in-house consultants, this course has been built to be delivered remotely so it can be easily fitted into your busy schedule. The course has been split into 2 modules that will be delivered at different times to avoid online training fatigue.

CE marking

UKCA marking

Deadline extended
The Government has recently announced that this transition period is to be extended to 1st January 2023. This means that economic operators can continue to place CE marked goods on the GB market until 1st January 2023, after which date goods newly placed on the market will need to be UKCA marked. Government guidance concerning this can be seen here.
Why does the Legislation Update Service continue to refer to the 2022 deadline?
If your health and safety register includes entries for any of the product safety regulations as they apply in Great Britain, you will see that they still refer to the deadline of 1st January 2022, not 2023. This is because the legislation in place currently still provides the 1st January 2022 deadline. We expect the government will issue new amendment regulations to extend this to 1st January 2023, but at time of going to press they have not yet done so. As soon as the amendment regulations are passed, we will update the relevant entries in your registers. Until that time, the Legislation Update Service entries reflect the law as it currently stands.
Application in Northern Ireland
UKCA marking is not applicable in Northern Ireland. Under the terms of the Northern Ireland Protocol, Northern Ireland continues to implement EU rules. Consequently, goods placed on the market in Northern Ireland will continue to be CE marked. If the conformity assessment is completed by a UK based assessment body, a UK(NI) mark is placed on the goods in addition to the CE mark. The UK(NI) mark is not, however, a Northern Ireland equivalent of the UKCA mark.

Readers will be aware that the UK government continues to indicate dissatisfaction with the Northern Ireland Protocol. If any legal changes are made to the requirements arising from the Protocol, they will be reported in Legislation Update Service.
When are goods first ‘placed on the market’?
The requirement for economic operators to conformity mark goods applies when the goods are first ‘placed on the market’. We won’t go into the technical legal definition of ‘placed on the market’ but in summary it means when the goods are first transferred or sold. Note that the requirement only applies when the goods are first placed on the market – it does not apply each and every subsequent time the goods are sold on. Consequently, goods which have already been ‘placed on the market’ prior to 1st January 2022 (or 2023 following the extension) would not need to be re-marked with the UKCA mark after that date. A retailer with a warehouse full of CE marked goods which were bought before 1st January 2022 would not need to re-mark those goods with the UKCA mark after 1st January 2022, so long as the retailer has evidence that they acquired the goods before that date.
In conclusion, here are the key points:

 

If you need more help, why not get in touch with us? - Our professional team of consultants offer independent, periodic compliance evaluations for both environment and health & safety. 

Jurisdiction: Scotland

Commencement: 10th November 2021

Amends:

Mini Summary
The Carbon Accounting Scheme (Scotland) Regulations 2010 introduce a scheme for carbon accounting for the purposes of the Climate Change (Scotland) Act 2009. The Regulations introduce a carbon accounting system which will be used to monitor compliance with targets set for reducing greenhouse gas emissions.
Duties
The Regulations set out the following as carbon units;

Each carbon unit has a value of 1 tonne of carbon dioxide equivalent.

The Regulations require that Scottish Ministers must open a carbon account ‘the Scottish credit account’, in which Scotland’s carbon credits may be held, by the 1st August 2010. Scottish Ministers may only transfer a carbon unit from the Scottish credit account to either the UK national cancellation account or the UK credit account.

The Regulations make provisions for the circumstances in which carbon units may be credited to the net Scottish emissions account (NSEA) and carbon units referred to include both those used by participating in the EU Emissions Trading Scheme and the national credit scheme. The Scottish Ministers set the circumstances in which carbon units are to be credited to and debited from the net carbon account as a result of the operation of European Union Emissions Trading Scheme in respect of each year in the period 2010 – 2016.

Scottish Ministers are required to maintain a register containing information in respect of carbon units credited to and debited from the NSEA.
Amendment

A technical change is made to the definition of ‘registry administrator’ to reflect changes already made to associated legislation due to the UK’s exit from the EU.
There are no changes to duties.

Link to full government text

 
  

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.

 

 

Jurisdiction: UK

Commencement: 25th August 2021

Amends:

Mini Summary
The Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021 (UK ETS) implements the principals of emissions trading by allocating and trading greenhouse gas (GHG) emissions allowances to participants of the scheme. These Regulations set out the legal framework to allow auctioning of emissions allowances.

One allowance equals one tonne of carbon dioxide (CO2) equivalent. At the end of each year, installations must have enough allowances to account for their GHG emissions. They have the flexibility to buy additional allowances on top of their allocation, or to sell surplus allowances generated from reducing their emissions below their allocation at auction. An allowance allows a participant to emit 1 tonne of carbon dioxide equivalent.

The UK ETS was implemented in the UK by The Greenhouse Gas Emissions Trading Scheme Order 2020 (‘2020 Order’). It replaces the European Union Emissions Trading System (EU ETS) for UK participants, which also follows the principles of emissions trading. For more general information on the UK ETS and how it works for participants see the entry for the 2020 Order.

The UK ETS authority for these Regulations are the national authorities, which are:

The Regulations are made under the power in section 96 of the Finance Act 2020 to make Regulations on the allocation of emissions allowances in exchange for payment. They are equivalent to the provisions made around allowances for EU ETS by Regulation (EU) 1031/2010 on the timing, administration and other aspects of auctioning of greenhouse gas allowances.
Duties
Auctions

As with the EU ETS, under the UK ETS auctioning continues to be the main means of introducing allowances into the market. Participants are also able to trade UK ETS emissions allowances on a secondary market. It is set out in Part 2 of the Regulations how bids are to be submitted and withdrawn, and how the auction clearing price is to be determined.

The minimum volume bid is one lot, and each lot auctioned must consist of 500 allowances. Each bid must state:

Each bid may only be submitted, modified or withdrawn during the bidding window set by the auction platform. Any unsold allowances can be added to the next four auctions up to a limit of 125% of their original volume.

The Auction Reserve Price (ARP) is set by these Regulations and this is the minimum price for which allowances can be sold at auctions. Bids below this price will not be accepted. The UK ETS has an ARP of £22. It is not intended that any changes will be made to the ARP before it is likely withdrawn as the scheme matures.

Auction Calendar
The auctioneer sets the auction calendar, including the bidding windows, individual volumes, auction dates, as well as the auctioned product, payment and delivery dates of the allowances to be auctioned in individual auctions each calendar year. The auction platform provider, ICE Futures, was appointed to host emissions auctions on behalf of the UK Government’s Department for Business, Energy and Industrial Strategy (BEIS), which has been appointed as the UK Auctioneer by the Treasury. ICE published the 2021 calendar for UK ETS auctions on 26th February 2021. The first UK ETS auction is 19th May 2021.

The appointed auction platform must publish the auction calendar for a year by 15th July of the preceding year or as soon as practicable after that date. The auction platform must also report transactions to the Financial Conduct Authority in order to provide appropriate regulatory oversight.

This legislation provides for fees and costs to be charged by the auction platform and auctions are to be monitored for issues such as market abuse, money laundering, terrorist financing or other criminal activity.

Auction participants will need to register with the appointed auction platform and must also hold a registry account in the UK Emissions Trading Registry. This registry system is used to ensure the accurate accounting of all allowances issued under the UK ETS, and it is used by operators to surrender allowances each year as required by the 2020 Order.

Cost Containment Mechanism
The Cost Containment Mechanism will be triggered if the average price for one allowance on secondary futures markets is more than:

If any of the above occur then the Treasury can authorise changing the distribution of allowances or increasing the volume of allowances to be auctioned at auctions within a calendar year.

Access to Auctions
Part 4 of the Regulations legislate access to auctions by participants and details the eligibility criteria and process for those applying to bid in auctions and participate in the auction platform’s secondary market. The appointed auction platform can refuse, revoke or suspend admission to bid in auctions.

There is a right of appeal set by these Regulations against decisions made by the auction platform, such as admissions to bid.

 
Amendment

Technical errors are corrected in The Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021 (‘the 2021 Regulations’). There are no changes to compliance duties for organisations.

The 2021 Regulations allow auctions to be cancelled in certain circumstances and amendments to be made to the auction calendar. The appointed auction platform can now change the date or time of the opening and close of the bidding window instead of cancelling the auction.

In relation to allocation of emissions allowances, the formula for calculating the annual volume of allowances to be auctioned in a calendar year is updated. If allowances designated for free allocation to certain industrial emitters are not allocated, the Treasury can authorise their release for auction as part of the cost containment mechanism.

Functions relating to deduction of fees from auction proceeds, the submission of the auction platform’s exit strategy and the cooperation requirement to facilitate the effective monitoring of auctions that were the responsibility of the Financial Conduct Authority (‘the FCA’) are transferred to the auctioneer or the Treasury or both.

Amendments are made to the duties of the auction platform which must provide regular information about auctions to the auctioneer and the Treasury. The auction platform must keep records of checks carried out in refusing to grant admission to bid and revoking or suspending any admission to bid. The exit strategy must be submitted to the auctioneer and Treasury within 3 months of the auction platform’s date of appointment. When market abuse is reported to FCA by the auction platform, the auctioneer and the Treasury must be informed.

The auction platform must consult with the auctioneer before maximum bid sizes and other remedial measures are imposed in the case of a risk of market abuse. Maximum bid sizes can now be imposed on single entities as well as groups. When results of an auction are announced, the appointed auction platform must include details of the auctions to which the volume of any unsold allowances will be carried over.

Some updates to confidentiality are made, including ensuring the methodology for determining the prevailing secondary market price is to be treated as confidential information and that the exchange of confidential information between the auction platform and the auctioneer, the UK ETS Authority and the Treasury can take place.

Link to full government text

 

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.

 

 

Jurisdiction: UK

Commencement: 12th August 2021

Amends:

Mini Summary
The Motor Fuel (Composition and Content) Regulations 1999 implement Directive 98/70/EC relating to the quality of petrol and diesel fuels.

They apply to all motor fuels including:

There are duties for anyone that distributes motor fuel, or sells motor fuel at a filling station or directly to a person for use by that person.


The Biofuel (Labelling) Regulations 2004 require filling station pumps to be clearly labelled when the motor fuel they are dispensing contains biofuels. This is in place to avoid consumers filling their vehicles with fuel that may be unsuitable.


REVOKED: The Motor Fuel (Composition and Content) and the Biofuel (Labelling) (Amendment) – From 1st September 2021, petrol stations in Great Britain are required to only sell 95 octane premium petrol that meets an E10 grade specification. An E10 grade means that the petrol contains an ethanol content of between 5.5% and 10%. The requirements are being introduced as no major supplier has unilaterally chosen to make the move to E10 grade fuel despite it being approved for sale since 2011. The use of E10 grade fuel is seen as a tool to help meet climate change targets as petrol with higher ethanol content produces less overall carbon dioxide emissions.

While E10 grade petrol is useable by most modern petrol powered vehicles, some older vehicles are not approved for its use. Requirements are therefore introduced for super grade higher octane petrol to remain at an E5 grade, meaning it can have no more than 5% ethanol or 2.7% oxygen.

 
Amendment

This The Motor Fuel (Composition and Content) and the Biofuel (Labelling) (Amendment) (No. 2) Regulations 2021 enforces the requirement for petrol stations in Great Britain to only sell 95 octane premium petrol with a minimum ethanol content of 5.5% by volume. It also ensures the continuing availability of E5 petrol (petrol with 5% or less ethanol) for older vehicles and certain petrol-powered equipment that are unsuitable for E10 petrol*

*E10 petrol means that it contains more than 5% of ethanol.

Regulation 6 permits the sale of 95 octane premium petrol that does not have the minimum ethanol content, providing that it reaches the necessary winter petrol requirements from the period between 1st September 2021 and 1st November 2021. The winter petrol requirements are outlined in Part 2 of The Motor Fuel (Composition and Content) Regulations 1999.

Furthermore, following the EU exit, the definition of motor fuel specifications (diesel fuel, leaded petrol, petrol) are updated.

The Motor Fuel (Composition and Content) and the Biofuel (Labelling) (Amendment) Regulations 2021 are revoked

Link to full government text

 
  

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.

 

 

Jurisdiction: Northern Ireland & EU

Commencement: 8th January 2022

Amends:

Mini Summary
The Regulation (EC) 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)  incorporate the registration, evaluation, authorisation and restriction of chemicals.  Duties are placed primarily on the manufacturers and importers of chemical substances. There are also duties and restrictions on downstream users of some very hazardous chemicals.

REACH is a directly acting Regulation, meaning that it has direct application in European Union (EU) Member States, and breach of the Regulation can be prosecuted by national regulators. They also continue to be directly enforceable in Northern Ireland (under the terms of the Northern Ireland Protocol). Following the UK’s departure from the EU, the REACH Regulation was copied (with amendments) into law in Great Britain and a separate version of REACH is now enforceable in Great Britain.
Application to substances
REACH concerns all chemical substances whether they are hazardous or not. However, some substances are not covered by REACH including radioactive substances and waste. Substances going into food stuffs and medicines are exempted from the majority of the requirements under REACH.

The REACH Regulation complements Regulation (EC) 1272/2008 on classification, labelling and packaging of substances and mixtures (the CLP Regulation). Both apply duties primarily to manufacturers, importers and suppliers. Organisations involved in the manufacture and supply of chemicals need to be familiar with both Regulations. There are also some more limited implications for downstream users.
Registration
Organisations that manufacture chemicals or import them from outside the EU in quantities of 1 tonne or more (whether or not it is hazardous) have a duty to gather information on the properties of the substance and register the information in a central database managed by the European Chemicals Agency (“ECHA”). An organisation which manufactures or places substances on the market without registering them commits an offence.
Supplying information
Manufacturers and suppliers must provide information to customers about any hazardous properties of the substances that they manufacture or supply. This duty is usually complied with by supplying Safety Data Sheets.
Very hazardous substances
One of the objectives of REACH is to restrict and ultimately phase out the use of some of the most hazardous substances (see “substances of very high concern” below). In pursuance of this objective and in accordance with REACH, the ECHA maintains lists of ‘substances of very high concern’. Manufacturers, suppliers and downstream users must apply to the ECHA for authorisation to manufacture, supply or use some of these substances, and there are specific restrictions which apply to some listed substances. Eventually, the EU will prohibit entirely the manufacture, supply and use of some of these most hazardous substances.

There has been a phased implementation programme for the requirements under REACH. Many of the implementation dates have already passed. For information, the key implementation dates are listed below.

Amendment

Annexes VII to XI of the REACH Regulation set out in detail what information must be supplied about a chemical when an application is made to register it. This amendment amends Annexes VII to XI and makes revisions to some information required.

Link to full government text

 
  

The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.

 

 

EU Regulations were incorporated into law in Great Britain on 1st Jan 2021. But what happens to the GB versions of those Regulations when the EU continues to make amendments?

EU Regulations were incorporated into law in Great Britain on 1st January 2021. What happens to the GB versions of those Regulations when the EU continues to make amendments to their version of the Regulations?

Jonathan Teale looks at the treatment of these amendments in Great Britain and looks at a particular example where EU manufacturers and importers of hazardous mixtures are required to supply ‘unique formula identifiers’ to national poisons authorities.

Interpreting and summarising the changes to legislation resulting from Brexit has been an interesting, and at times very complex, challenge for Legislation Update Service.

Many of you will already be aware that EHS European Regulations were ‘copied’ into law in Great Britain by the European Union (Withdrawal) Act 2018. (These copied Regulations are referred to as ‘GB Retained Regulations’). The key date for this was 11pm on 31st December 2020, i.e. any European Regulation which was directly applicable in Great Britain before that time and date was copied into GB law as at 1st January 2021.

So far so good.

But what happens when the European Union issues amendments to European Regulations which have been copied into GB law? For example, the European Union frequently issues amendments to the ‘REACH’ Regulation or the CLP Regulation.

The answer in relation to Amendment Regulations is the same as for the Principal Regulations; if an amendment was issued and became operative prior to 11pm on 31st December 2020, it is incorporated into the GB version of the regulations, but anything after that date is not. That means that amendments issued by the European Union which become operative on or after 1st January 2021 will appear in the updates section of the EU version of the regulations in LUS but will not appear in the GB version. In this way, the GB Retained versions of regulations will start to diverge from their original EU counterparts. Of course, the UK Government may choose to keep the GB Retained version in line with their EU counterparts, but they are not bound to do so.

There is an added level of complexity which (confession time) did catch us out for a short time. Amendment Regulations usually state something like “This Regulation shall enter into force on the day after its publication in the Official Journal of the European Union”. So presumably if it ‘came into force’ before 1st January 2021 it gets included in GB retained law? Seems straightforward – right? However, there is sometimes a difference between when the Regulation ‘comes into force’ and when it ‘becomes operative’. The Regulation may ‘come into force’ before 1st January 2021, but individual provisions within the Amendment Regulation may state something like “importers and downstream users shall comply with this Annex from 1st January 2024”. In this case, those provisions will not ‘become operative’ until 1st January 2024. In this case, the European Union (Withdrawal) Act 2018 specifically provides that those provisions will not be incorporated into GB law.  

Earlier this year, in a small number of cases, we incorporated amendments into the LUS entries for GB Retained Regulations, where those amendments had ‘come into force’ before 1st January 2021, but which had not yet ‘become operative’. We have since identified those amendments and revised them to make it clear that they do not become law in Great Britain. The most significant of these was an amendment to the CLP Regulation which provided detail concerning the requirement for producers and importers to supply national poisons authorities with ‘unique formula identifiers’ in relation to hazardous mixtures. Those provisions which apply to the EU version of the Regulation do not apply in Great Britain.

Reminder: if you are a producer or importer in Northern Ireland, you continue to apply the EU version of the Regulation, not the GB Retained version.

Like we said at the beginning of this article … at times complex!
To summarise:

If you need more help, why not get in touch with us? – Our professional team of consultants offer independent, periodic compliance evaluations for both environment and health & safety.

The UK Government has announced further changes to the rules concerning CE marked goods placed on the market in Great Britain. The Compliance People consultant Jonathan Teale looks at this important change.

The UK Government has announced further changes to the rules concerning CE marked goods placed on the market in Great Britain. Currently, the law says that goods which require a conformity mark can be either CE marked or UK CA marked (or both) when placed on the market in Great Britain, but from 1st January 2022 goods placed on the market in Great Britain for the first time must be UK CA marked.

However, the UK Government and HSE websites now indicate that CE marked goods can continue to be placed on the market until 31 December 2022 i.e. an extension of 1 year.

Jonathan Teale looks at this important change.

Prior to 1st January 2021, goods placed on the market anywhere in the UK followed the same rules as goods placed on the market across the EU. The requirement to CE mark many goods provides evidence that those goods have been assessed to and comply with uniform standards.

Since the 1st January 2021, a new UK CA mark has been introduced in Great Britain. Goods placed on the market in Great Britain for the first time after 1st January 2021 can be UK CA marked instead of (or as well as) CE marked. (CE marked goods which had already been placed on the market can continue to circulate – no change is required).

The new UK CA mark performs the same function as the CE mark.

In order to help businesses with the change required, a transition period was provided until 31 December 2021. During that period, any person placing goods on the market in Great Britain for the first time has a choice – they can either UK CA mark the goods, or CE mark them (or both). This is because for the time being, the standards which goods must comply with to be UK CA marked are exactly the same as for CE marking. Therefore, so long as the standards remain the same during the transition period, either mark can be used. (N.B. UK CA marked goods will not be accepted on the market in the EU or Northern Ireland – these transition arrangements only apply in Great Britain). Should any of the relevant standards diverge during the transition period, new goods affected by those standards would thereafter need to be UK CA marked (CE marked goods already placed on the market can continue to circulate – they will not need to be retrospectively UK CA marked). As the law currently stands, goods first placed on the market in Great Britain after the 1st January 2022 will need to be UK CA marked (they can also be CE marked, but they must be UK CA marked).

However, we now note that the UK Government and HSE websites state that the transition period for use of CE marking has been extended to 31st December 2022. That means that businesses can continue to place CE marked goods on the market in Great Britain until that date. The UK CA mark will not become mandatory for new goods until 1st January 2023 (unless the compliance standards diverge in the meantime, in which case the UK CA mark would become mandatory after that point for any goods for which the UK standard has diverged).

At the time of going to press, the regulations have not yet been amended to reflect this change, but we anticipate we will see amendments issued in the near future to reflect this. Until we see those amendment regulations, the relevant entries in LUS will continue to reflect the legal position, namely that CE marking can only be used until 31st December 2021.

Note that these changes apply in Great Britain only. They do not affect Northern Ireland, where goods should continue to be CE (or CE + UK(NI)) marked.
In Summary:

If you need more help, why not get in touch with us? – Our professional team of consultants offer independent, periodic compliance evaluations for both environment and health & safety.

In this article, The Compliance People consultant, Kerry Hammick will answer 5 common questions we get on waste duty of care paperwork and what is legally required. 

If your organisation produces, moves, or recovers / disposes of waste then you have legal waste duty of care obligations which you must understand and comply with. The Compliance People often receive questions on how to meet these obligations in terms of waste transfer notes and hazardous waste consignment notes. The Compliance People Consultant Ellie Galston has put together this list of the top 5 questions we’re most commonly asked to help you comply with your organisation’s waste duty of care.

Please note these all relate to compliance in England and Wales, but we have webinars and FAQs on waste documentation also available for Scotland and Northern Ireland.

Need some extra information? We’re running virtual Waste Duty of Care Training in October and November, suitable for those with responsibilities for waste produced at their site(s).
What is a waste transfer note?
A waste transfer note (WTN) is a legally required document which must be completed for all transfers of non-hazardous waste to another party (i.e. every time waste changes hands). The format of a WTN must conform to the requirements laid out in Part 9 of The Waste (England and Wales) Regulations 2011.

A WTN can be issued to cover a particular collection, or for multiple collections of the same waste type, from the same site, by the same waste carrier, over a maximum period of 1 year (a ‘season ticket’).

WTNs are not required by an occupier of domestic property for the removal of household waste produced on the property.
What is the difference between a waste transfer note (WTN) and a consignment note?
A WTN is a legally required document for non-hazardous waste. When hazardous waste is moved, it must be accompanied by correctly completed paperwork called a consignment note, or hazardous waste consignment note (HWCN). The note must be prepared before any hazardous waste is moved and is required for all movements of hazardous waste. The format of a HWCN must meet the requirements set out in The Hazardous Waste (England and Wales) Regulations 2005.
What is an annual waste transfer note and when can they be used?
An annual WTN or ‘season ticket’ is a single WTN that covers a series of non-hazardous waste transfers. The annual WTN can last up to 1 year and be used for regular transfers of the same type of non-hazardous waste with the same waste carrier from the same site. If you have several sites serviced by the same carrier with the same types of waste collected, they can be listed in a schedule to the annual WTN. It must be clear on the WTN what period it covers.

You should also keep a record of the collection times and the quantity of waste collected each time. A good way to do this is to get a delivery ticket from the waste carrier for each load collected stating when the collection took place and how much was collected.
Why do I need a WTN?
Waste needs to be disposed of legally and correctly to protect people and the environment. It is a legal requirement that WTNs are completed for all transfers of waste to another party. WTNs allow the regulator to understand what wastes are being generated and how they are being disposed of and / or recovered. They provide a clear auditable paper trail from when the waste is produced to when it is disposed of and can help to evidence that a business has met its statutory duty of care.
Do I have to keep paper copies of WTNs and HWCNs?
Paper or electronic copies of WTNs are acceptable. For non-hazardous waste in England and Wales you can use:

For hazardous waste consignment notes, paper or electronic copies are also acceptable. The Environment Agency and Natural Resources Wales provide a template consignment note. You can use your own consignment note but it must have all the same information fields as this one and be as near to the same format as possible.

It is a legal requirement to keep copies of all WTNs / waste transfer information for at least two years. Hazardous waste consignment notes must be retained for a minimum of three years.

Keen to find out more about waste duty of care and waste paperwork? Join one of our online tutored training courses. Over two training modules conducted over Microsoft Teams, one of our experienced consultants will provide a comprehensive overview of the waste duty of care and other relevant waste legislation that is applicable in England, to give you the skills required to comply. Book your place now.

Through grants provided by our parent charity, Newground Together, we’ve helped Community organisations such as Throup Place Residents group in their efforts to bring communities together.

As you’ll probably know by now, as a Not-for-Profit organisation, all profits generated by The Compliance People are donated to our parent charity, Newground Together.

As well as many larger projects, Newground Together also offers a range of community programmes, such as gardening projects which improve the environment, increase social interactions, and support volunteering opportunities locally. Through community grants like ‘Planting for Wellbeing’ Newground Together provides extra support for more vulnerable groups.

Recently, Newground Together was contacted by Anne Rhodes Butler. Anne is a member of Throup Place Residents group and wanted to improve the health and wellbeing of people in her immediate area. Newground together were of course happy to help through our Planting for Wellbeing scheme.

Anne said, “After a grant was made available to our residents’ association, we have as a group been able to create a lovely garden bed. With 50% hard work and 50% fun and laughter, the project has brought neighbours together and given us pride in our surroundings. It will be an ongoing labour of love, with bulbs and seeds to plant in autumn and a burst of colour in spring to look forward to.”

When Covid-19 hit, local community groups such as Throup Place resident’s association felt the knock-on effects of the pandemic the most.

Some of the residents from Throup Place face mobility issues, so often struggle to leave their homes; a combination of this and Covid could have had a detrimental effect on their health and wellbeing.

The project took place in early August 2021; some of the funding secured went towards employing someone to dig the bedding area over a 2-day period. Volunteers then planted the soiled area and on an ongoing basis will maintain the space.

Belle Paterson, Community Development Officer for Newground Together said: “The scheme accommodates 10 adapted bungalows. With seven of the residents facing mobility issues; creating opportunities for social cohesion in times of covid is more important than ever.