WASHROOM LEGISLATION

“Guidance on feminine hygiene disposal requirements for businesses in the UK”

Sanitary waste is a controlled waste and must be disposed of under strict legislation.

The Workplace (Health, Safety and Welfare) Regulations 1992 specify that all companies are required to provide a suitable means for the disposal of sanitary dressings in ladies washrooms.

The Water Industries Act 1991 also states that no items should be flushed that could cause a blockage within a sewer or drain.

In addition, the Environmental Protection Act 1990 places a legal “duty of care” upon companies to ensure that all waste produced at their premises is correctly managed right up to the point of final disposal. This also includes a responsibility to review your contractors.

What does this mean to your business?

Legislation in this area has been introduced to protect both employees and the environment. It applies to all businesses even if they only have one female employed.

Businesses not providing adequate washroom facilities and sanitary disposal for their employees could be prosecuted. They are also required under the Environment Act to dispose of all waste properly and failing to do this could also lead to prosecution.

You Cannot:

Flush sanitary waste down the toilet. It pollutes rivers and coastlines and may result in blocked drains. Dispose of sanitary waste with your normal rubbish. It must be handled by a licensed waste carrier and taken to an authorised point of disposal.

You may be breaking the law if you don’t provide a sanitary waste disposal bin. The ‘Duty of Care’ Act demands that sanitary waste is managed to the point of disposal. Waste must be carried by a licensed carrier and a full audit trail of documentation must be available at all times. Failure to comply can lead to a large fine or a term of imprisonment.

This applies to all commercial premises, even if only one female is employed.

This regulation is further endorsed by the Water Industries Act 1991, which states that no items should be flushed that could cause a blockage within the sewer or drain.

As employers, we are all bound by law to provide adequate and appropriate washroom facilities for our staff. The following section from Statutory Instrument 1992 No.3004, The Workplace (Health, Safety and Welfare) Regulations 1992 outlines what we are obliged to do.

You are required to:

•  Provide an adequate means of disposal for sanitary waste such as a sanitary bin.
• Use a registered waste carrier to collect your waste on a regular basis.
• Ensure final disposal is carried out according to the legal requirements and at a licensed landfill or incineration site.
• File duty of care documentation and waste notes (supplied by your registered waste carrier) for a period of 2 years. A full audit trail of documentation must be available at all times.
• Comply with all current government legislation as set down in the Workplace (Health, Safety & Welfare Regulation) 1992, Environmental Protection Act 1990 and Water Industries Act 1991.

Use of Sanitary Bins

Sanitary waste should be kept in a hygienic and safe storage facility. Sanitary bins are ideal for this, being located in the ladies washroom cubicles.

All the latest sanitary bins are hands free and users are able to deposit their own waste without sight of the existing contents of the sanitary bin. The sanitary bin may also be enhanced by an active sanitiser that will avoid odours, and will typically be emptied on a regular basis by an authorised waste carrier.

Legislation

If you are not sure about how you stand regarding the correct disposal of waste, environmental issues, health and safety, then please contact us and we will be happy to help you. You need to receive a “Duty of Care” certificate to certify that your waste is being handled and disposed of in the correct manner. This document should be kept for two years. These certificates are a legal requirement.

COSHH stands for the Control of Substances Hazardous to Health. Using hazardous substances can put people’s health at risk. COSHH requires employers to control exposures to hazardous substances to protect both employees and others who may be exposed from work activities.

The following links to official government sites may also be of assistance:
Workplace (Health, Safety & Welfare Regulations) 1992

Environmental Protection Act 1990

Environmental Protection Act 1990 Duty of Care

Environmental Protection Act 1990 Duty of Care Section 34

Environmental Protection Act 1990 Special Waste regulations 1996

As employers, we are all bound by law to provide adequate and appropriate washroom facilities for our staff. The following section from Statutory Instrument 1992 No.3004, The Workplace (Health, Safety and Welfare) Regulations 1992 outlines what we are obliged to do.
Sanitary Conveniences
(1) Suitable and sufficient sanitary conveniences shall be provided at readily accessible places.

(2) Without prejudice to the generality of paragraph (1), sanitary conveniences shall not be suitable unless’
(a) the rooms containing them are adequately ventilated and lit;
(b) they and the rooms containing them are kept in a clean and orderly condition; and
(c) separate rooms containing conveniences are provided for men and women except where and so far as each convenience is in a separate room the door of which is capable of being secured from inside.

(3)It shall be sufficient compliance with the requirement in paragraph (1) to provide sufficient sanitary conveniences in a workplace which is not a new workplace, a modification, an extension or a conversion and which, immediately before this regulation came into force in respect of it, was subject to the provisions of the Factories Act 1961, if sanitary conveniences are provided in accordance with the provisions of Part II of Schedule 1.

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