The Haz Guide

The Environmental Permitting (England and Wales) Regulations 2007 require that operators are competent to hold an environmental permit. The concept of operator competence is explained in Chapter 8 of the Environmental Permitting core guidance.

An important element of operator competence is the technical competence of staff. Operators of relevant waste activities are required to demonstrate technical competence through an approved industry scheme.

Environment Agency guidance on site attendance for TCPs states that the TCP must be: “in a position to control the day to day activities authorised by the permit and carried on at the permitted site” (Environment Agency 2004). The guidance goes on to state that: “It is therefore essential that technically competent persons attend sites for regular and appropriate periods of time to ensure that the management structure is operated effectively and the control mechanisms are applied” (Environment Agency 2004). For further information see Technical Competence for Operators of Authorised Waste Facilities.

For some sites, the TCP may be on site for the majority of operating hours. However, this is unlikely to be the case for the larger companies that may operate multiple HWRCs as part of a bigger waste management contract. This is acceptable within the terms of the regulations. The Environment Agency states that operators can “provide control of day to day activities through more than one technically competent person so that the requirement for on site presence may be shared”. In addition, the Environment Agency take a risk based approach using the Operator and Pollution Risk Appraisal OPRA system to determining the attendance requirements for the TCP. However, to ensure good practice, it is essential that site supervisors and operatives, who are on site 100% of the operating hours, are competent.

Therefore, it is recommended that all on-site supervisors and operatives should hold a Level 2 NVQ which requires that they demonstrate competence in areas including health and safety measures, emergency procedures and team working, (e.g. NVQ Waste Management Operations Level 2 or NVQ Recycling Operations). For further details see the WAMITAB module overview.

However, if they are to be able to accept and to store hazardous waste competently, it is important that operatives receive appropriate in-house training in the procedures for different hazardous materials. Training should cover the following issues:

Recommended good practice procedures for particular hazardous materials can be found in the relevant sub-sections of the section on acceptance and storage of HHW. For example, good practice recommendations for the development of basic training in acceptance and storage of household and garden chemicals can be found here. All site staff should be trained to follow relevant procedures.
To ensure good practice therefore, it is recommended that:

Since April 2006 a new competence regime has been introduced in England and Wales as part of the Defra and Welsh Assembly Government (WAG) Environmental Permitting Programme. Initially two Schemes have been proposed, although neither have as yet (April 2008) been approved. The two schemes under consideration by Defra and WAG have been developed by CIWM and WAMITAB and by Energy and Utility Skills (EU Skills) and the Environmental Services Association (ESA).

CIWM/ WAMITAB scheme
The scheme developed jointly by the Chartered Institution of Wastes Management (CIWM) and the Waste Management Industry Training and Advisory Board (WAMITAB) offers a range of qualifications that can be used by individuals to demonstrate technical competence. Waste activities are classified as low, medium or high risk, and the level of qualification required varies according to the risk category of the activity. Individuals providing technical competent must be in a position to control the day to day activities carried out at the permitted site. In order to maintain technical competent status individuals must pass a ‘continuing competence’ assessment every two years.

EU Skills and the Environmental Services Association
The scheme developed by the Environmental Services Association (ESA) and Energy and Utility Skills (EU Skills) is based on the development and maintenance of a competence management system (CMS). A CMS can apply to individual activities, groups of activities, or extend across all relevant waste activities carried out by a company. The CMS identifies available skills, future training needs, and ensures competent staff are deployed in key posts. A CMS is reviewed and audited annually by an independent accreditation body.
Other schemes may be developed and submitted to Defra for approval. A list of approved schemes will be available on the Defra website.