Officially, that is, as defined by the Controlled Waste Regulations of 1992, clinical waste falls into two broad definitions which can be summarised as follows:
- Clinical waste is items which, unless rendered safe, may prove hazardous to any person coming into contact with them. This covers any waste which consists wholly or partly of human or animal tissue, blood or bodily fluids, excretions, drugs or other pharmaceutical products, swabs or dressings, syringes, needles or other sharp instruments
- Clinical waste is items which, unless rendered safe, my cause infection to anyone coming into contact with them. This covers any waste arising from medical, nursing, dental, veterinary, pharmaceutical or similar practices along with investigation, treatment, care teaching or research or the collection of blood for transfusion.
There are stringent controls in place to ensure that clinical waste is managed safely and is recovered and recycled or disposed of in a way which does not harm the environment or human health.
Under the Environmental Protection Act 1990 it is against the law to deposit, recover or dispose of clinical waste – or any other controlled waste for that matter – without a waste management licence. It is also against the law to deposit, recover or dispose of it in a way which causes pollution of the environment or harm to human health. This means that clinical waste should always be incinerated and never put into landfill where it can potentially pollute water supplies.
Contravention of waste controls is a criminal offence. Anyone concerned with clinical or controlled waste is under a duty of care to ensure that its disposal is managed properly and that it is only transferred, for disposal, to someone who is authorised to keep it.
Private householders are exempt from this act but it applies to all commercial enterprises.
The introduction of the latest set of Hazardous Waste Regulations (England and Wales) on July 16th 2005, may raise questions for the producers of clinical waste. We have listed some of the more frequently asked questions and answered them, below.
New Hazardous Waste legislation Q&A When does the legislation come into effect and why?
The new Hazardous Waste Regulations came into force on 16th July 2005 to replace the Special Waste Regulations 1996. The changes harmonise waste regulation and classification within the EU, and fully implement the European Waste Catalogue (EWC) codes. From 16th July, waste is only described by the EWC codes and, where waste is identified as hazardous, a new notification and regulation process applies.
The definition of hazardous waste is not the same as special waste and 200 additional wastes are included in the hazardous waste list including
- End of life vehicles
- Fridges and freezers
- Computer monitors and TVs
- Fluorescent tubes
The changes affect England and Wales only.
What changes does the legislation bring?
There are four key changes introduced in the new legislation in the following areas; registration, mixing waste, notification of moving waste and fines. These are explained more fully below.
- Registration
Premises generating more than 200kg of clinical waste must be registered with the Environment Agency (EA). There is a fee for doing so, and administration companies (such as Initial Medical Services) may register on the producer’s behalf. Registration must be renewed annually and it is illegal for a waste collector to take waste from an unregistered producer. - Mixing
Waste types may not be mixed either by the producer or the collector. - Notification
Pre-notification of movement of special waste to the EA is no longer required, but a numbered consignment note is still needed for each movement. On a quarterly basis, we have to send a summary of all consignments to the EA with reference number, and the EA then invoices us for each consignment note raised in the quarter. Every consignment will incur a cost of £15. - Fines
Fixed penalty notices with fines of £300 may be issued when non-compliance is found by the EA.
How can I tell if my clinical waste is hazardous?
The EA have announced that from the 16th July all clinical waste – unless proved to be non-infectious – should be treated as hazardous waste. The definition of “infectious” in Environment Agency’s Guidance WM2 (which may be found on the EA website) is ‘Substances containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or living organisms’
The Department of health has issued guidance to healthcare establishments (Gateway Reference Number 5212), which includes the following assessment:
‘As part of the definition of clinical waste is based on the identification and assessment of waste which ‘may cause infection’ we would recommend that this fraction of the waste stream be classified as Hazardous Infectious Waste. References in previous Regulations to pathogens groups have been removed and all infectious waste, irrespective of the level or type of infection, should be considered hazardous waste.’
I don’t produce special waste and my clinical waste is not hazardous. How will the legislation affect me?
In this case your clinical waste service will not be affected by the HWR. You may still have to register if you produce more than 200kg of clinical waste (or your premises are not covered by the 200kg exemption) and you need to dispose of other hazardous waste (computer monitors for example). You can register with the EA or ask us to register on your behalf.
Has the consignment paperwork changed and what should I do with the notes you leave with me?
Hazardous waste consignment notes are different from special waste paperwork but the principle is the same. Our service driver will ask you to sign a consignment note and leave a copy with you. You should keep these documents in a safe place for 3 years rather than the usual 2 required for special waste.
The Environment Agency have told me that my site is exempt as I am a surgery
Surgeries do not have to register provided less than 200kg of hazardous waste is produced in a year. However, this does not necessarily mean that the waste you generate is not hazardous. It is your duty of care to assess the nature of your waste and consign it correctly. There are serious penalties for failing to do so. Similarly we are liable to prosecution if we are found to be failing in our duty of care.
What are the cost implications?
Registration direct with the EA costs £18, £23 or £28
Summary
The Environment Agency site www.environment-agency.gov.uk contains details of the new regulations. To discuss how the regulations apply to your clinical waste contract please call Breakspear Ltd.
1100 litre Wheelie Bin
240 litre Wheelie Bin
50 litre Clinical Waste Bin
You might find it helpful to look at some guidance published by the Health and Safety Commission.
This guidance, entitled "Safe Disposal of clinical waste" (HSC document (ISBN 0 7176 2492 7) gives comprehensive information on the transport and disposal of clinical waste.
It costs £10.50 and can be ordered from HSE publications on 01787 881165.
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