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Duty of Care for Waste — A Practical Guide for UK Businesses
Duty of Care for Waste — A Practical Guide for Businesses
Updated May 2026 — Covers Section 34 of the Environmental Protection Act 1990
The waste duty of care is a legal obligation that runs through every link in the chain
from waste producer to final disposal. Under Section 34 of the Environmental Protection
Act 1990, anyone who produces, imports, keeps, treats, or transports controlled waste
must take all reasonable steps to ensure it is managed properly. Getting this wrong —
even as a waste producer who did not personally dump anything — can result in prosecution.
What the duty of care requires
In practice, the duty of care means:
- Using a registered carrier — only transfer waste to someone who
is authorised to receive it; for most businesses this means checking that the carrier
is registered with the Environment Agency
- Describing the waste accurately — provide an accurate description
of the waste so it can be handled appropriately; misclassification of hazardous waste
is a common and serious failure
- Completing a waste transfer note — this documents the transfer and
both parties must keep a copy for two years (three years for hazardous waste)
- Not causing or permitting illegal disposal — if the carrier you
used fly-tips your waste, you may have a defence if you checked their registration
and completed a transfer note; if you did not, you may not
Checking your carrier is legitimate
The Environment Agency's public register of waste carriers is freely searchable. Before
engaging a carrier, confirm:
- The carrier's name or registration number appears on the register
- The registration is upper tier (for carriers transporting waste commercially)
- The registration has not expired
Keep a record of when you checked and what the register showed. This is part of the
evidence that you took reasonable steps — a verbal assurance from the carrier that they
are registered is not sufficient.
Registration can lapse between checks. A carrier who was registered when you
first contracted them may not be registered three years later if they failed to renew.
Periodic re-checks — at least annually — are good practice for any ongoing relationship
with a waste carrier.
Hazardous waste — additional requirements
If the waste you produce is classified as hazardous (which includes certain construction
materials, fluorescent tubes, batteries, and many other items beyond obvious chemicals),
additional requirements apply:
- A consignment note must accompany every movement — more detailed than a standard
waste transfer note
- Records must be retained for three years
- The carrier must be authorised to carry hazardous waste specifically
- The receiving facility must be authorised to accept hazardous waste
Document your waste compliance chain
WorkerRecord helps you track carrier registrations, transfer note completion, and
document storage — maintaining the evidence you need to demonstrate that your duty
of care obligations were met if the Environment Agency come to you.
Try WorkerRecord free
About this guide: Our content is reviewed with the help of industry professionals and draws on primary sources including DVSA, SIA, CQC, Environment Agency, and HSE publications. Regulations change — we recommend verifying current requirements directly with the relevant authority before making compliance decisions.