- UK businesses have a legal duty of care over their waste under Section 34 of the Environmental Protection Act 1990.
- Every sanitary waste collection should be covered by a waste transfer note.
- Waste transfer notes must be kept for at least two years, and hazardous-waste consignment notes for three.
- Your waste carrier must be registered with the Environment Agency, SEPA or Natural Resources Wales.
- Breaching duty of care can lead to an unlimited fine, and it's the business that carries the risk.
What duty of care means
Duty of care is the legal principle that whoever produces waste is responsible for it until it's finally, properly disposed of. It comes from Section 34 of the Environmental Protection Act 1990, backed up by the Waste (England and Wales) Regulations 2011.
In plain terms: you can't just make the waste someone else's problem. Even after a provider drives away with your sanitary bags, you share responsibility for making sure they were licensed to take them and that the waste ends up somewhere legitimate.
Do you need waste transfer notes?
Yes. A waste transfer note (WTN) is the document that records the handover of waste from you to your carrier: what it is, how much, the EWC code, and who's taking it. Every transfer of your sanitary waste should be covered by one.
For a regular service you usually won't sign a fresh note every visit. Providers issue an annual or "season ticket" transfer note that covers repeat collections for up to a year. That's fine, as long as it's current and on file.
No transfer notes on file? Get set up properly with a licensed local provider. Compare quotes free.
How long to keep the paperwork
Keep waste transfer notes for at least two years. If any of your waste is hazardous, the equivalent consignment notes must be kept for three years. Ordinary workplace sanitary waste is offensive, not hazardous, so the two-year rule is the one that normally applies.
If an inspector asks and you can't produce the notes, "the provider has them" isn't a defence. Keep your own copies, digital is fine.
Checking your carrier is registered
Your provider, or whoever physically moves the waste, must be a registered waste carrier. You can check the public register held by the Environment Agency in England, SEPA in Scotland, or Natural Resources Wales. It takes a minute and it's part of your duty of care to do it.
A reputable provider will hand you their registration number without being chased. If getting it feels like pulling teeth, treat that as a warning sign.
What happens if you don't comply
Duty-of-care breaches can carry an unlimited fine in the most serious cases. More commonly, the pain is practical: a failed inspection, an awkward conversation with your landlord or insurer, or discovering during a sale or audit that your waste paperwork doesn't exist. None of it is expensive to avoid.
A two-minute compliance check
- Is there a current waste transfer note on file for your sanitary waste?
- Is it less than a year old, and does it name your site?
- Do you have the carrier's registration number, and does it check out on the public register?
- Are your bins actually serviced on the schedule the paperwork claims?
Four yeses and you're in good shape. Any no, and it's worth fixing before someone else finds it.
Frequently asked questions
Who is responsible for sanitary waste, us or the provider?
Both, but the legal duty of care starts with you as the waste producer. Using a licensed provider and keeping the transfer notes is how you meet your side. You can't fully delegate the responsibility.
How long must waste transfer notes be kept?
At least two years for ordinary (non-hazardous) waste transfer notes, and three years for hazardous-waste consignment notes. Workplace sanitary waste is non-hazardous, so two years applies.
Do I need a new transfer note for every collection?
No. Providers issue an annual or season-ticket transfer note that covers repeat collections for up to a year, so you don't sign one each visit. It just needs to be current and on file.
How do I check my waste carrier is licensed?
Search the public register held by the Environment Agency (England), SEPA (Scotland) or Natural Resources Wales using the carrier's registration number, which your provider should give you on request.