Interim enforcement position: provision of hand wash basins on refuse collection vehicles (RCVs)
SIM 03/2012/11
Summary
This operational guidance provides inspectors with the interim enforcement position relating to the provision of hand wash basins on refuse collection vehicles (RCVs).
Introduction
In the last year a number of waste and recycling organisations (public and private) have challenged existing guidance, written and agreed with the industry, for the provision of wash basins on RCVs as set out in the guidance sheets Waste 04 and Waste 15. These require wash basins to be fitted unless it can be demonstrated there is a minimal health risk. Some organisations, however, are relying on the use of wipes and/or gels alone, together with the wearing of personal protective equipment (PPE) such as gloves. This trend appears to be increasing, regardless of the type of material collected and method of collection.
HSE's position on the provision of hand wash basins is consistent, not just in the waste and recycling industry, but also in agriculture and the entertainments industry. It is based on the knowledge that while wipes and/or gels are used in the healthcare sector there is not necessarily any comparable evidence that would support their use in other sectors as the type, range and degree of contamination may be significantly different. Research is being commissioned during 2012/13 that should provide up to date and relevant scientific support on the comparative effectiveness of methods for hand cleansing across the range of industries (with support from the waste and recycling industry). It is anticipated that findings from the research will be available before the end of 2012/13.
Action
Given the above, inspectors should note the following and act accordingly:
- Formal enforcement action (eg issuing of improvement notices) should not be undertaken for the provision of hand wash basins on RCVs until the findings of the research are available.
- Inspectors should, however, confirm that HSE's current advice remains for provision of hand wash basins on RCVs as set out in Guidance notes Waste 04 and Waste 15.
- HSE's view is that fitting a wash basin unit to an RCV is reasonably practicable and proportionate (eg a typical unit costs around £250 for a new vehicle, or around £500 if retrofitted, compared to an RCV which can cost in the order of £100,000).
- HSE is unaware of any evidence that demonstrates the effectiveness of gels/wipes in removing the range and degree of contamination likely to be encountered in the W&R industry. If companies rely on other methods for cleaning skin contamination they should be asked to demonstrate its effectiveness.
- Although HSE does not currently propose formally enforcing the provision of hand wash basins on RCVs, a strong enforcement line may be adopted in future, including the requirement for retrospective fitting of hand wash basins to newly procured RCVs:
- Should the research provide further supporting evidence, or
- If the facts in any particular case show that an existing alternative method adopted is ineffective, or gives rise to harm.
- Where existing wash basins are currently fitted to RCVs they should continue to be maintained in good working condition to allow their use by operatives.
- The provision of wash basins does not affect the need to provide suitable PPE, including appropriate gloves etc.
Background
Regulation 21 of the Workplace (Health, Safety and Welfare) Regulations 1992 requires the provision of adequate welfare facilities, including hand washing facilities in workplaces. Regulation 21 of the Workplace Regulations, however, does not apply to waste and recycling collection vehicles – by virtue of Regulation 3 which specifically excludes means of transport/vehicles.
Any enforcement action taken, therefore, would rely upon the following legal provisions:
- Health and Safety at Work etc. Act 1974, Section 2(e) - "provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work".
- Control of Substances Hazardous to Health (COSHH) 2002, Regulation 7(3) - "where it is not reasonably practicable to prevent exposure to a substance hazardous to health, the employer shall comply with his duty of control under paragraph (1) by applying protection measures appropriate to the activity and consistent with the risk assessment including in the order of priority......(a)..., (b)...., (c)...". Regulation 7(4) goes on to say that "measures referred to in paragraph (3) shall include......(e) appropriate hygiene measures including adequate washing facilities"
Organisation
Timing
This interim enforcement position will remain valid until further notice.
Contacts
Agriculture, Waste and Recycling Sector, Waste Management and Recycling Team.