Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic

    SITE WASTE MANAGEMENT PLANS ENFORCEMENT RISING

    Environment Agency becomes pro-active in inspecting and enforcing compliance

    The Environment Agency (EA) is becoming more pro-active in inspecting and enforcing compliance with Site Waste Management Plans (SWMPs).

    Fines for non-compliance are potentially unlimited. Significantly, the EA can prosecute a number of separate offences arising out of one plan.

    Nabarro LLP has prepared a briefing covers the requirements of SWMPs for both the client and the principal contractor and the consequences of non-compliance. The contents are reproduced below.

    Summary
    • SWMPs must be prepared on construction projects in England with an estimated worth of more than £300,000;
    • SWMPs must be prepared before construction work begins and must be updated whenever waste is removed from the site; and
    • SWMPs must comply with the Site Waste Management Plans Regulations 2008;
    • failure to comply will result in fixed penalties, prosecution or fines, for which directors, managers and company officers can be personally liable.
     
    1. Preparation of the SWMP

    The client must prepare the SWMP before any construction work begins. This includes any fitting out, alterations, demolition or on site assembly. If the client appoints a principal contractor, it is still the client who is legally responsible for the preparation of the SWMP.

    However, both the client and the principal contractor will be guilty of an offence if the project starts without a plan in place.

     
    2. The content and format of the SWMP

    There is no formal requirement to adopt a specific template for an SWMP. However, guidance issued by Defra contains a specimen template. In summary, certain details that must be included in the plan:

    1. The identity of the client, principal contractor and person who drafted the plan;
    2. The site location and the estimated cost of the project;
    3. Design information as to waste minimisation;
    4. A description of type and estimated quantity of waste;
    5. Any plans to reuse, recycle or recover different wastes; and
    6. A declaration of compliance with the waste duty of care regime.

     

    3 . Ongoing obligations

    Which projects are caught?

    • Projects planned before 6 April 2008 with construction work beginning after 1 July 2008.
    • All projects planned after 6 April 2008.

    The Regulations do not apply to projects planned before 6 April 2008 with construction work starting before 1 July 2008.

    Whenever waste is removed from the site it is the principal contractor’s duty to update the SWMP with the following information:

    • The identity of the person removing the waste;
    • The types of waste removed; and
    • The site to which the waste has been taken.

    There are additional, more detailed requirements for SWMPs where the project costs are more than £500,000. Both the client and the principal contractor must also:

    • Review, revise and refine SWMPs as necessary; and
    • Take reasonable steps to prevent illegal waste disposal from the site.

    Duty to reuse, recycle or recover waste – Section 1(4) of the Schedule to the Regulations, requires the principal contractor to “ensure, so far as reasonably practicable, that waste produced during construction is re-used, recycled or recovered”.

    This obligation will assume greater significance given the requirement in the Revised Waste Framework Directive that by 2020, 70 per cent of construction and demolition waste by weight (excluding naturally occurring materials) must be recycled.

    Under section 34 of the Environmental Protection Act 1990, anyone concerned with controlled waste must ensure that the waste is:

    • Managed properly;
    • Recovered or disposed of safely;
    • Does not cause harm to human health or pollution of the environment;
    • Is only transferred to someone who is authorised to receive it. No more than three months after the work is finished

    The principal contractor must add to the plan and:

    • Confirm that the plan has been monitored and updated; and
    • Explain any deviation from the plan.

    The principal contractor must also retain the SWMP for two years after completion of the project.

     
    4 . Additional requirements for client and principal contractor

    The principal contractor has the following additional duties:

    • Undertake training and site induction on the SWMPs.
    • Promote and develop measures to ensure waste is dealt with in accordance with the SWMP.

    The client is also responsible for giving reasonable directions to any contractor to enable the principal contractor to comply with its SWMP obligations.

    Penalties

    • Fixed penalty notices on failure to produce SWMPs – £300.
    • Summary conviction in the Magistrates’ court – fine up to £50,000.
    • Conviction on indictment in the Crown Court – unlimited fine.

     

    5 . Offences and enforcement

    The key offences are:

    • Failure to comply with any of the SWMP Regulations.
    • Making a false or misleading statement in an SWMP.
    • Obstructing or failing to assist a regulator.

    The EA, local authorities and councils have the power to enforce the SWMP Regulations. Any authorised officer of these organisations also has the power to issue a fixed penalty notice of £300 for failure to produce a copy of an SWMP when requested.

    As with most environmental offences, where a company has been found guilty under the SWMP Regulations, directors, managers and officers of the company can be personally liable. This occurs where they have connived or at acted negligently in breach of the SWMP Regulations.

     
    6. Beware – the honeymoon period is over

    The Environment Agency is becoming more pro-active in inspecting and enforcing compliance with SWMPs.

    They began “Agency trials” in August in Bedford and are now targeting areas such as Milton Keynes and Runnymede in Surrey.

    Fines are potentially high with the ability of the regulators to prosecute for a number of separate offences arising out of one plan.

    Latest Construction Health and Safety News

    HSE ENFORCEMENT DATABASE UPDATE 17th APRIL 2019

    hselogo1Latest online register of prosecutions and enforcement notices

    Read the rest of this article »

    Posted on 17th April 2019

    TWO BRICKLAYERS INJURED IN FLOOR COLLAPSE

    Joist hangers incorrectly installed and floor overloaded with blocks

    Read the rest of this article »

    Posted on 16th April 2019

    FIRM FINED £150K AFTER BOY FELL FROM SCAFFOLD

    Ladder guard failed to prevent 12-year old accessing scaffolding

    Read the rest of this article »

    Posted on 16th April 2019

    SAFETYCAM VEHICLE TRAPS ERRANT DRIVERS

    Safer Highways reports on new approaches to roadworks health and safety

    Read the rest of this article »

    Posted on 16th April 2019

    NEW PRE-QUAL SYSTEM LAUNCHED BY MAJOR PLAYERS

    Build UK and CECA publish common PQ assessment standard

    Read the rest of this article »

    Posted on 16th April 2019

    REPORT CONFIRMS RISING COST OF OFFENDING

    Considerable increases in fines imposed on larger organisations

    Read the rest of this article »

    Posted on 16th April 2019

    CONCRETE BLOCK MAKER FAILED TO GUARD MACHINE

    Effective safety precautions absent for a number of years

    Read the rest of this article »

    Posted on 9th April 2019

    HOTEL REFURBISHMENT DISTURBED ASBESTOS

    Firm failed to act on well-founded asbestos concerns expressed by employee

    Read the rest of this article »

    Posted on 1st April 2019

    CABLE HIT CAUSED BY LACK OF PLANS AND DETECTION

    Excavation for sign erection struck live electrical cable

    Read the rest of this article »

    Posted on 1st April 2019

    HSE AND THE ‘SECRETS’ OF RISK ASSESSMENT

    hselogo1Regulator advice on successful risk assessment comes at a price

    Read the rest of this article »

    Posted on 1st April 2019

    WORKMAN FELL INTO CAR PARK VENTILATION SHAFT

    Protective grill unsecured and gave way under movement of workman

    Read the rest of this article »

    Posted on 1st April 2019

    BUILDER GIVEN PRISON TERM OVER WORK AT HEIGHT

    Unsafe working platforms and lack of silica dust control punished severely

    Read the rest of this article »

    Posted on 1st April 2019

    HSE WARNING ON SAFE DEMO AND REFURBISHMENT

    TV programme prompts stability guidance for demo & refurb project teams

    Read the rest of this article »

    Posted on 1st April 2019

    VIBRATION RISK UNCONTROLLED FOR TEN YEARS

    Company workers used sanders and air-fed cutting equipment

    Read the rest of this article »

    Posted on 26th March 2019

    BUILDING OCCUPIER FINED £1.8M OVER ROOF FALL

    Two workmen fell 4m through rooflight during leak investigation

    Read the rest of this article »

    Posted on 26th March 2019

    CONSTRUCTION SITE DEATHS SET TO FALL?

    HSE in-year fatality records for 2018/19 suggest significant reduction

    Read the rest of this article »

    Posted on 22nd March 2019

    BRICKLAYER FATALLY INJURED BY FALLING WALL

    Masonry collapsed during concrete back filling operation

    Read the rest of this article »

    Posted on 18th March 2019

    BASIC LADDER SAFETY FAILURES FINED £150,000

    Repair and maintenance firm had no excuse for errors causing injury

    Read the rest of this article »

    Posted on 18th March 2019

    HSE ISSUES REMINDER ON SAFE SCAFFOLD DESIGN

    Recent incidents and high winds prompt warning from regulator

    Read the rest of this article »

    Posted on 12th March 2019

    LORRY DRIVER DIED IN OVERHEAD POWER STRIKE

    Major company failed to communicate precautions to grab arm operator

    Read the rest of this article »

    Posted on 12th March 2019

    ASSESSMENT SHOWED RISK – PRECAUTIONS NOT TAKEN

    Workman seriously injured when falling into open unguarded stairwell

    Read the rest of this article »

    Posted on 1st March 2019

    MAJOR FIRM FAILED TO IMPLEMENT SAFE SYSTEM

    Procedures for safe plant refuelling failed to prevent death of workman

    Read the rest of this article »

    Posted on 26th February 2019

    CLIENT PROSECUTED OVER CONTRACTOR FATAL FALL

    Company breached duty to protect contractors as well as employees

    Read the rest of this article »

    Posted on 26th February 2019

    FOURTEEN YEAR FAILURE TO MANAGE ASBESTOS

    Firm failed to implement asbestos management plan following survey

    Read the rest of this article »

    Posted on 25th February 2019

    CHILD INJURED BY WALL COLLAPSE INCIDENT

    Council failed to carry out “intelligence led” condition inspections

    Read the rest of this article »

    Posted on 18th February 2019
    Ethentic Ethentic Higher Safety Higher Safety Chipmunk Data Chipmunk Data
  • Higher Safety Higher Safety Chipmunk Data Chipmunk Data Ethentic Ethentic