Topic guide 35.1 Legal requirements and their impact · 35.1 Legal requirements and their impact 1 Legal requirements relating to the ... The Environment Agency has recently published

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Unit 35: Managing the environmental impact of work activities in manufacturing engineering

The main aim of this topic guide is to stress the importance of understanding the legal requirements relating to the environment. Some of these requirements could have a significant influence on manufacturing organisations, their production lines, the way they operate and the materials they use. Examples are provided of instances when environmental permits and licences are required for certain activities and disposals. There are also examples of national, European and international laws and policies that can affect the manufacturing industries (such as permitted car emissions). Finally, this topic guide will provide guidelines for dealing with hazardous materials.

This topic guide will cover: • legal requirements relating to the environment • environmental policies of organisations and their effect on your

responsibilities • legislation relating to the safe use and disposal of hazardous and

non‑hazardous materials.

LinksNVQ Unit 1: Ensure compliance with legal, regulatory, ethical and social requirements.

HNC in Manufacturing Engineering: Unit 6 Health, safety and risk assessment in engineering, learning outcome 4, assessment criterion 4.4.

Legal requirements and their impact35.1

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35.1: Legal requirements and their impact

1 Legal requirements relating to the environment

Before you startBased on your current understanding of legal environmental requirements, answer the following questions.● Are there any environmental legal requirements and legislation that affect your

responsibilities? ● What are the environmental policies of your organisation? How do these policies relate to your

job role? ● Do you use any hazardous materials in your job role? Are you familiar with the legislation

regarding the safe use and disposal of these materials?● How are non-hazardous materials disposed of in your organisation?

All businesses and organisations, large or small, and especially manufacturing companies, interact with the environment directly or indirectly and should comply with the related legislation. Not complying with legislation can have significant consequences such as fines, damage to the organisation’s reputation, or closure. Legislation has been put in place to protect the environment and, as this is for the benefit of everyone, it is everyone’s responsibility. An environmentally friendly business can have several advantages, such as:

• reducing pollution • helping the organisation to comply with its environmental permit and other

legal obligations • boosting the reputation of the company.

Different types of legislation might apply to an organisation, based on factors such as:

• the nature of the organisation • the processes that are used during manufacturing • the types of products produced.

Legislation covers a wide range of environment‑related issues, ranging from air and water pollution to radioactive substances. Legislation also relates to the safe use and disposal of hazardous materials and non‑hazardous waste. Depending on the nature of the business you work for and your area of responsibility, it is important that you have a good understanding of this legislation.

For example, consider if any of the following apply to you. • The Environmental Protection Act 1990 defines the legal framework for duty

of care for waste, contaminated land and statutory noise. • The Control of Pollution Act 1989 sets the requirements for carriers of

controlled waste. According to this act, the vehicles that carry such waste must be registered with the Environment Agency in England and Wales or the Scottish Environment Protection Agency (SEPA) in Scotland. Failure to do so may result in fines or seizure of the vehicle.

• The EU Directive for End of Life Vehicles (2000/53/EC) sets the requirements for reuse or recycling of vehicles’ parts and components at the end of their useful life. (In Europe it is estimated that each year 8–9 million tons of waste

Key termsHazardous materials – types of materials or substances that have properties that could potentially pose a danger to the environment, humans or animals.

Waste – an object, material or substance that is no longer required by the holder and is discarded.

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are generated by vehicles reaching the end of their life.) This directive requires European countries to have a system for collection, treatment and recovery of these vehicles. It is important for design engineers in the manufacturing sector to be aware of this regulation.

• The Waste Electrical and Electronic Equipment Regulations 2013 require the producers of components such as batteries to accept responsibility for collection, treatment, recovery and environmentally sound disposal of waste. Workers in companies producing such waste should be aware of compliance schemes and related data reporting.

Air pollution Air quality is important to all of us. Road transport accounts for more than 20 per cent of carbon dioxide (CO

2) emissions in the UK.

It has now been agreed by the European Union (EU) that a CO2 target should be

set for car manufacturers. This is now law and should therefore be complied with. According to the EC Regulation No. 443/2009, each car manufacturer will have a specific target to meet to ensure that average CO

2 emissions are controlled. The target

is set for the company rather than for a specific car. A car manufacturing company will not be able to continue its operation in the EU if this law is not obeyed.

According to this legislation, by 2015 the average new car sold in the EU will produce up to a maximum of 130 grams of CO

2 per kilometre. This will have a great

impact on car manufacturing companies as this target only applies to them and not the buyers or car users. There is a further improvement target of 95 grams of CO

2 per kilometre by 2020. Employees of car manufacturing companies must

be aware of this legislation and adjust their activities so that they comply (for example, any future car designs).

Furthermore, it is now a requirement that emissions are checked during a vehicle’s annual MOT. This will have an impact on MOT centres as they need to have the relevant equipment, procedures and training for their staff.

Portfolio activity (1.1)Explain:

• the environmental impact of your work • the legal requirements relating to your specific area of responsibility.

2 Environmental policies Manufacturing organisations sometimes have their own policies for the protection of the environment. If an organisation does not already have a written policy it should prepare one as soon as possible, as it can also lead to financial savings.

It is very important that any environmental policy first addresses the national and international laws and policies relating to the specific manufacturing sector. The car manufacturing example above is a good case in point. Another example is the effect of the Waste Electrical and Electronic Equipment Regulations 2013

Key termEnvironmental impact – for the purposes of this topic guide, this refers to the negative effects of different engineering activities on the environment.

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on the environmental policies of manufacturers of these products. For instance, the environmental policy of a manufacturer of batteries should clearly state the procedures that are in place for the collection and safe recycling of their products.

Common statements and commitments that can be found in an environmental policy are to:

• have the intention of reducing the environmental impact of all activities • save all forms of energy • save water • reduce all different types of waste • only work with sub‑contractors and suppliers who are conscious of the

environment • give consideration to the product life cycle, from manufacturing to disposal

and recycling.

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Take it furtherDoes your organisation have an environmental policy specific to your area of responsibility? If no policy is in place, draft one to discuss with your line manager.

Some companies will go a step further and have an environmental management system (EMS). ISO 14000, ISO 14001 and ISO 14004 are examples of these systems. The overall aim of these systems is to ensure that the environmental impact of various activities in the organisation are measured and a system is in place to reduce any negative impact. As a result of using these systems, a company can expect to see a reduction in the cost of waste management and the consumption of energy, and a better perception of the organisation by the public.

Portfolio activity (1.2)1 Explain the environmental policies of your organisation.2 Explain how these policies could be improved.3 Does an environmental management system exist in your company? If not, are there any

benefits in introducing an EMS?4 Explain how these policies (and the EMS, if applicable) impact on your own area of responsibility.

3 Safe use and disposal of hazardous materials and non-hazardous waste

Hazardous waste regulationsHazardous waste is considered to be harmful to the environment or humans. Any organisations producing hazardous waste have a duty of care which lasts until the waste is delivered to another authorised business. Asbestos, chemical materials, batteries and pesticides are examples of hazardous waste. In manufacturing industries, common examples of hazardous materials are metalworking fluids that could cause skin diseases and also occupational asthma.

Key termEnvironmental management system (EMS) – a series of policies, guidelines and procedures that are developed to reduce the environmental impact of work activities. ISO 14001 is an example of EMS.

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To comply with the Hazardous Waste Regulations (HWR) 2005 and the European Waste Framework Directive which came into force in 2011, a manufacturing business that produces more than 500 kg of hazardous waste in any consecutive 12 months must be registered with the Environment Agency. According to their regulations, any carriers of hazardous waste must also be registered, although the process will be different from that used for the registration of producers of these materials.

The Environment Agency

The Environment Agency has recently published a guide to the Hazardous Waste Regulations which contains essential information for producers of hazardous waste. Follow this link to access the guidelines:

http://webarchive.nationalarchives.gov.uk/20140328084622/http://cdn.environment-agency.gov.uk/LIT_5552_28b742.pdf

Some common measures to ensure the safe handling of hazardous waste are outlined below and on the next page.

• Use suitable containers to store these materials. • Provide written instructions for the safe disposal, recycling and use of materials. • Handling and disposal must be carried out by authorised organisations.

Figure 35.1.1: Different versions of hazard pictograms.

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• Keep an accurate record of produced materials. • Label the containers properly and adequately. The label must include

information such as the identity of the hazardous material, the hazard(s) and emergency contact details. The label must also include a symbol which identifies the type of hazardous material. The latest versions of these symbols are shown on pages 13 and 14 of the guide to Hazardous Waste Regulations (see the weblink on the previous page).

• Produce a consignment note for every shipment of these materials that leaves or enters the organisation. The consignment note should always include a description of the waste and its chemical or biological components. See page 15 of the weblink for an example.

REACH

Registration, Evaluation, Authorisation and restriction of CHemicals (REACH) is an EU regulation that has been in force since 2007. According to REACH, producers of hazardous materials must provide up‑to‑date Material Safety Data Sheets (MSDSs) for their customers. These data sheets are not risk assessments although they do provide information regarding the hazards, along with information on the safe handling and storage of these materials. MSDSs also give guidelines on emergency measures in the event of an accident.

COSHH

The Control of Substances Hazardous to Health (COSHH) Regulations 2002 lays down the rules relating to dealing with hazardous substances, whether they are used directly or indirectly within the workplace. In general, these regulations require the business to:

• carry out a risk assessment when using these materials and decide on the preventative measures that should be in place to avoid any harm to humans or the environment. An example of a risk assessment can be found at: www.hse.gov.uk/COSHH/riskassess/engineer.htm

• monitor the health of people working with these materials and try to minimise their exposure to them

• have the appropriate information, guidance and training for employees working with these materials.

The chief aim of COSHH is the control of materials that can cause harm to health and it applies mainly to employers. Under this law, employers have a duty to prevent or reduce their employees’ exposure to these substances. COSHH applies to the majority of hazardous materials, but some materials (such as radioactive ones) have their own regulations. COSHH sets the rules for a sensible step‑by‑step approach to prevention of harm from hazardous materials. It gives information on:

• types of hazardous materials • employers’ responsibility in assessing risks • identifying actions arising from the risk assessments.

In general, COSHH requires an employer to: • identify and assess risks • take precautions and actions to minimise the risks • monitor any exposure • provide information and training.

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Non-hazardous waste regulationsThere are also rules and regulations relating to non‑hazardous waste treatment and disposal. The disposal options are very much related to the type of waste. EU directives and UK legislation are in force with regard to waste.

EU Waste Framework Directive

The EU Waste Framework Directive requires all EU countries to: • reduce waste • make sure waste is not harmful to humans and the environment • recycle • reuse • use waste as a source of energy.

This framework also sets the requirements for permits, registration and inspection. In the first stage, the framework encourages the prevention of producing waste. Then the order of priority is given to reuse, recycle and recovery, with safe disposal as the last option. The framework imposes a greater responsibility on the producers of waste by introducing the two concepts of:

• extended producer responsibility • polluter pays principle.

All EU member states should adopt a national waste prevention programme and have set targets to measure the effectiveness of their programmes in reducing waste.

Waste Regulations 2012

The Waste Regulations 2012 set the principles and guidelines for implementation of the EU Waste Framework Directive. Parts 2 to 4 of the regulations address the requirements relating to the waste prevention programmes in England and Wales. Other parts of the regulations:

• impose duties • set the guidelines regarding the use of waste as a resource • set the duties of planning and collection authorities • license the deposits of waste at sea • license carriers and dealers of waste.

Part of these regulations relate to the separate collection of waste; from 2015, papers, metals, plastics and glass should be collected separately by the collection authorities.

Portfolio activity (1.3) • Explain in detail how COSHH and the Waste Regulations 2012 are related to your organisation

and your own area of responsibility.

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ChecklistAt the end of this topic guide you should be familiar with:

typical environmental policies of manufacturing organisations

hazardous waste regulations and guidelines

non-hazardous waste regulations (UK and EU).

Further reading and resourcesWaite, B., Environmental Law Handbook, (Fourth Revised Edition) (Bloomsbury Professional, 2013) ISBN 9781780430065

Waste legislation and regulations: http://webarchive.nationalarchives.gov.uk/20140328084622/http://www.environment-agency.gov.uk/business/142643.aspx

AcknowledgementsThe publisher would like to thank the following for their kind permission to reproduce their photographs:

Pearson Education Ltd: HL Studios (5). Veer / Corbis: Dmitry Kalinovsky (1)

All other images © Pearson Education

We are grateful to the following for permission to reproduce copyright material:

Health and Safety Executive for the inclusion of the website link http://www.hse.gov.uk/COSHH/riskassess/engineer.htm, © Crown copyright.

Every effort has been made to trace the copyright holders and we apologise in advance for any unintentional omissions. We would be pleased to insert the appropriate acknowledgement in any subsequent edition of this publication.

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Topic guide 35.1 Legal requirements and their impact · 35.1 Legal requirements and their impact 1 Legal requirements relating to the ... The Environment Agency has recently published