CITB Managers Welfare Facilities and Environmental Legislation 2 — Questions and Answers
Question 1: The Environmental Protection Act 1990 introduced the concept of 'duty of care' for waste. In practical terms on a construction site, this means:
- Only the site manager has responsibilities for waste
- Every organisation that handles waste — producers, carriers, and disposers — has a legal duty to ensure it is handled, stored, transported, and disposed of safely and lawfully, with documented waste transfer notes (Correct answer)
- Only hazardous waste attracts a duty of care
- The duty of care only applies to the final disposal contractor
Correct answer: Every organisation that handles waste — producers, carriers, and disposers — has a legal duty to ensure it is handled, stored, transported, and disposed of safely and lawfully, with documented waste transfer notes
The waste duty of care applies to all persons who produce, import, keep, treat, or dispose of controlled waste. Each party in the chain must ensure the waste is handed only to an authorised person, with a signed waste transfer note. The duty applies from production to final disposal.
Question 2: Which organisation must be notified in England before commencing work that may affect a Site of Special Scientific Interest (SSSI)?
- The local planning authority
- Natural England, which must give its consent for operations likely to damage the features for which the SSSI is notified (Correct answer)
- The HSE
- The Environment Agency for all ecological matters
Correct answer: Natural England, which must give its consent for operations likely to damage the features for which the SSSI is notified
Under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000), Natural England must be notified and must give consent before any operation likely to damage the special interest of a SSSI.
Question 3: What is the maximum fine for polluting a controlled water in England under the Environmental Permitting Regulations 2016?
- £5,000
- Unlimited — offences can result in unlimited fines and/or imprisonment (Correct answer)
- £50,000
- £10,000
Correct answer: Unlimited — offences can result in unlimited fines and/or imprisonment
Offences under the Environmental Permitting Regulations 2016 and the Water Resources Act 1991 (for water pollution) carry unlimited fines and up to 12 months' imprisonment on summary conviction, or unlimited fines and up to 5 years' imprisonment on indictment.
Question 4: Which welfare facility must be provided for female construction workers?
- A separate site office
- Separate toilet and washing facilities from male workers, or facilities that can be secured from inside if shared, and facilities for storing clothing and nursing if appropriate (Correct answer)
- Reduced working hours
- Separate access routes to the site
Correct answer: Separate toilet and washing facilities from male workers, or facilities that can be secured from inside if shared, and facilities for storing clothing and nursing if appropriate
Female workers must have access to separate toilet and washing facilities, or to shared facilities that can be locked from inside. Changing facilities must also be separate or arranged to provide privacy. These are requirements under the Workplace (Health, Safety and Welfare) Regulations 1992.
Question 5: The Control of Pollution Act 1974 and the Environmental Protection Act 1990 both address noise as a form of pollution. Local authorities can serve which type of notice on construction sites?
- A Prohibition Notice to stop all work
- A Section 60 Notice under the Control of Pollution Act 1974, which imposes requirements relating to working hours, plant to be used, and noise limits (Correct answer)
- A Fixed Penalty Notice for each noisy activity
- An Improvement Notice under HSWA 1974
Correct answer: A Section 60 Notice under the Control of Pollution Act 1974, which imposes requirements relating to working hours, plant to be used, and noise limits
Section 60 of the Control of Pollution Act 1974 allows local authorities to serve a notice on construction sites specifying requirements such as restricted hours, permitted noise levels, and the plant or methods to be used, to control construction noise affecting local residents.
Question 6: What must a site manager do to comply with environmental legislation when fuel is spilled on site?
- Dilute it with water and allow it to drain away
- Contain the spill immediately using absorbent materials, prevent it from reaching any drains or watercourses, clean up the contaminated material, dispose of it as controlled waste, and report to the Environment Agency if it has or may have reached controlled water (Correct answer)
- Simply cover the spill with sand and leave it
- Only report it if it exceeds 500 litres
Correct answer: Contain the spill immediately using absorbent materials, prevent it from reaching any drains or watercourses, clean up the contaminated material, dispose of it as controlled waste, and report to the Environment Agency if it has or may have reached controlled water
The immediate response to a fuel spill is: contain it (absorbent pads, bunds), prevent it entering drains or watercourses, clean up and dispose of contaminated material as controlled waste. If it has reached or threatened to reach controlled water, report immediately to the EA (0800 807060). Any volume of fuel reaching a watercourse is reportable.
CITB Managers Welfare Facilities and Environmental Legislation 2
The Environmental Protection Act 1990 introduced the concept of 'duty of care' for waste.
In practical terms on a construction site, this means: