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Posted By J Knight
Eeyup,
I know this is and H&S forum, but there isn't anywhere else I know of to pose question on Environmental Law, so please bear with me.
We have Homecare workers who assist people with their personal hygiene. The discarded incontinence pads are put into yellow sacks for collection. Now, we don't supply or arrange for transport of the sacks, as this is done by either Social Services or Health. And the waste is from a domestic environment. What is our Duty of Care (if any) and how would we discharge it?
Any thoughts greatefull recieved,
John
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Posted By Simon Carrier
A question
Do your staff remove the waste from the house to a central point or is the waste left at the persons domestic premises and collected by a third party?
Simon
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Posted By Charley Farley-Trelawney
John
If I am right I think you are asking the question from an environmental point of view and on that point you are required to keep a copy of the waste transfer note (licensed carriers) for possible inspection at a later date, and they do come round to inspect.
Duty of care to your staff is a completely differnt issue and would require me to offer links to peruse.
If I have misunderstood your question I apologise in advance.
CFT
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Posted By J Knight
Simon,
The waste is collected from the domestic premises, but not by us, and I don't know what happens to it then, as we do not arrange for the collection, or for the supply of bags.
Charley, I don't think we need a transfer note as we don't arrange for the collection or the disposal, all we do is put it in a bag which is part of a collection system managed by a third party.
I'm pretty sure that the principle duty of care will be on whoever arranges for the collection, but I wonder if we have some sort of duty of care as well; unless the whole thng is subject to a derogation as domestic waste????
John
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Posted By Robert K Lewis
JK
As long as your staff are simply using the bag as a waste receptacle in the manner agreed then there are no matters you need to address with regard to the waste. Social Services or Health staff are responsible for the DoC aspects etc.
Bob
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Posted By Clairey O
There will be a transfer note - it will probably be held by your local authority/pct/organiser of service. There is no reason why you can not have a copy of it, as you need to be assured that everything is correct, along with a using a certified waste carrier.
As far as you guys go - your duty of care is quite simple, you need to package for waste correctly, make sure that you bags are tied correctly and not overweight. You may need to have a look at where your full bags are stored, is it secure and free from vermin infestation.
There is nothing to stop you from asking to complete a duty of care visit on the collectors to make sure that everything is in order.
if you need any other help, please feel free to mail me as i work with waste all day long.
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Posted By Simon Carrier
John
If your staff only put the waste into the bag and seal it and you do not arrange collection or supply any bags or move it from the domestic premises then from a waste management point you do not have to be registered with the EA. Your duty of care would be to ensure that only the correct waste is put into the bags ie only soiled pads no sharps or similar items.
Simon
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Posted By naomi
Hi
I had the same problem, I work as a H&S officer for a Housing Association and we have built a retirement village, the clients are all elderly (over 65) and some of them have care workers going nto their own properties to deliever care (it is not a care home)
We used to have our yellow bags collected from social services, but they stopped this as they stated that the pads could be placed into domestic refuse as the care is delivered to people living in their own homes.
I rang the department who organised this to put it in writing as I still felt it wasn't right ie. what if the bags split, not freindly to environment etc. They put it in writing sent me info on infection control (HSE WEB Site) Hope some of this helps.
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Posted By Bill Fisher
In posting the initial question John perhaps hesitated as his point focussed on an environmental topic.
The Moderators welcome such a posting and likewise welcome the support given to John by way of responses.
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Posted By Martin Monaghan
My local authority website has lots of info on clinical waste disposal. It states that clinical waste (including incontinence pads) must not put put in the normal household waste bin. The council provides a free service for residents including supply of yellow bags and weekly collection. There is no need for a waste transfer note. If a carer is simply putting the waste into the bag then my interpretation is that these arrangements would apply.
The council has separate arrangements for collection of commercial clinical waste. The guidance in this case refers to Duty of Care,Special Waste Regs(out of date!)and Health & Safety at Work Act.
Martin.
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Posted By Clairey O
Inco waste is classed as being softwaste and therefore suitable to go in bags. At this present time the EWC code is 180104 - this means that it is not infectious, and not required to have special disposal methods.
Although you may have put it is a yellow bag - it is still incredably (sp) likely that it will go to landfill, as it does not require special treatment prior to disposal.
Inco waste generated in the home is not technically classed as clinical waste as it has been generated in a domestic setting, which is why some of you have been advised that it is ok to put in your black bag waste, as people at home are very generally considered to be non infectious reasonably healthy, also the quantity that will be disposed of will be quite small.
if your worried about the bags splitting then double bag them.
The nature of residential homes and nursing homes generally means that you will be unable to assume that your population is generally healthy and non infectious, which is why your inco waste is disposed of in yellow bags, also the quantity that will be disposed of may also lead it to become offensive.
Plenty of food for thought - if your need more help drop me an email.
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Posted By Martin Monaghan
To get back to the original question - the Homecare workers have a duty of care to the people they are caring for and anyone else who may be affected. This includes using the coreect recepticle for waste and ensuring it is stored safely and securely. Those transporting and disposing of waste have responsibilities under the Environmental Management Duty of Care, and possibly those arranging collection.
Regarding means of disposal I think it is probably better environmentally to have the pads collected separately and incinerated (but I'm sure there will be different opinions on this).
Having seen what goes into my neighbours' bin since their new arrival, i've decided that disposal of incontinence pads is a minor problem compared to the number of disposable nappies going into one wheelie bin!
It's good to be at an age where I'm too old to be disposing of nappies and still too young to be worrying about incontinence pads - hope it lasts!
Martin.
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Posted By John Webster
Think about it. There is absolutely no difference between babies disposable nappies and incontinence pads. For waste generated in the home setting from a member of the household, the disposal route should be exactly the same.
Empty solid contents down the loo where practicable, place in a plastic bag (not yellow or orange) and dispose of as domestic/household waste.
Only if the patient is known to have or clinically suspected of having an infection which could prove hazardous to someone who might come into contact with it does the material need to be treated as Clinical Waste.
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