How to comply with existing waste legislation in Health and Social Care settings

Estimated reading time: 2 min

As a business, you’re considered to have a ‘Duty of Care’ to ensure that the waste your organisation generates is produced, stored, transported and disposed of without harming the environment. This is set out in Article 5 of the Waste & Contaminated Land (Northern Ireland) Order 1997.

The healthcare sector in Northern Ireland must adhere to strict duty of care responsibilities for waste management, as outlined in the Controlled Waste (Duty of Care) Regulations (Northern Ireland) 2013. These regulations establish specific obligations for anyone who produces, carries, keeps, treats, or disposes of controlled waste, which is particularly relevant to healthcare facilities given the diverse and potentially streams they generate.

To comply with the duty of care, health and social care facilities must properly classify and segregate different types of waste, with particular attention to clinical waste that requires separation from other waste streams.

The use of color-coded containers for different waste types is essential to ensure proper segregation. Clinical waste must be made safe through incineration at an authorised facility. Healthcare providers are also required to complete waste transfer notes for all waste movements, including detailed descriptions of the waste, and keep copies of these notes for at least two years. It is crucial that waste is only transferred to authorised persons or facilities with appropriate permits or licenses.

Best practices for health and social care facilities include developing a comprehensive waste management policy specific to their operations, providing regular training to staff on proper waste classification, segregation, and handling procedures, and conducting periodic reviews of waste management practices to ensure ongoing compliance with current regulations.

Health and social care providers must take all reasonable measures to prevent unauthorised waste disposal, keep waste from escaping their control, and provide adequate descriptions to subsequent waste holders. Failure to comply with these requirements can result in significant penalties, including fines.

By diligently following these duty of care responsibilities, the health and social care sector in Northern Ireland can ensure safe and legal waste management practices, protect public health, and minimise environmental impact. This approach not only ensures compliance with current legislation but also demonstrates a commitment to responsible environmental stewardship within the healthcare community.

Good to know
Food waste recycling is already covered by its own regulations which requires workplaces which produce 5kg or more per week of food waste to have to separate it for recycling. These regulations apply to organisations such as: hospitals, day care facilities, residential care facilities and specialised clinics.

Whilst not a current legal requirement the following materials are regularly collected for recycling from all-types of businesses:

Paper and cardboard, such as newspapers, cardboard packaging (from medical supplies, deliveries and packaging inserts) and office paper
Glass, such as non-medical drinks bottles and rinsed empty food jars from staff/patient areas
Metal, such as drinks cans and food tins, empty aerosols, foil and foil trays (non-medical)
Plastic, such as empty plastic bottles, rinsed plastic pots, tubs and trays previously used for food packaging
Cartons for food, drinks and other liquids (not including materials which are classified as ).
Food waste - such as leftovers or waste from food preparation

It is important to make sure you separate out the right materials and avoid contamination of your recycling by any non-recyclable materials. It's crucial to note that these items should come from non-clinical areas and be free from any medical or patient contact to ensure they're safe for recycling. Proper segregation at the source is essential to prevent contamination with hazardous material.

As waste is a devolved matter, each of the four UK nations has slightly different requirements for recycling. If you’re responsible for managing waste in workplace, visit our sister sites in Wales or England. There’s also similar guidance available for Scotland.