Health & Safety Update (January 2009)
Are refurbishment contractors unwittingly breaking the
law?
Over half of the construction industry seems to be completely
unaware of legislation which came into force more than 6 months
ago- known as the Site Waste Management Plans Regulations 2008.
Failure to comply with the legislation, introduced to curb
wasteful management of resources, could mean fines of £5,000 or
even imprisonment - yet awareness remains low.
A recent report carried out by the Federation of Master Builders
and NetRegs indicates that more than half of UK construction
workers are unaware that Site Waste Management Plans (SWMP's) are
mandatory for projects worth over £300,000.
Since 6th April 2008, SWMP's have been required for all new
English construction projects worth more than £300,000. The plans,
introduced by DEFRA are required prior to commencement of works and
aim to minimise waste produced by construction projects. Currently,
the construction industry annually produces approximately 1.45
tonnes of waste for every person living in the UK.
The findings are of concern due to the shared nature of
responsibilities under the legislation requiring SWMPs.
Responsibilities to produce SWMPs are shared by the client and
principal contractor.
If you are a client, what should you do?
As a client, you are responsible for:
- Producing the initial SWMP before construction work begin;
- Appointing the principal contractor;
- Passing the SWMP to the principal contractor;
- Updating the SWMP at least every three months if you decide to
manage the project yourself.
For projects estimated at between £300,000 and £500,000 the SWMP
should contain details of:
- Types of waste removed from the site;
- Identity of the person who removed the waste;
- Site that the waste is taken to.
For projects estimated at over £500,000 the SWMP should contain
details of the:
- Types of waste removed from the site;
- Identity of the person who removed the waste and their waste
carrier registration number;
- A description of the waste;
- Site that the waste was taken to;
- Environmental permit or exemption held by the site where the
material is taken.
Consequences of inaction: fine or prison
Failure to ensure that adequate regard is given to provide
SWMP's will mean liability for fines of up to £5000 or even
imprisonment.