Appendix 1
Information sharing agreement between the Environment Agency (EA) /
Natural Resources Wales (NRW) and HSE (Field Operations Directorate and
Waste and Recycling Sector Team)
Asbestos at Waste Transfer Stations 2015 - 2016
There is a benefit in Health and Safety Executive (HSE) and the Environment Agency (EA) /
Natural Resources Wales (NRW) actively sharing information which can help improve
efficiency and target effort at the highest risk sites.
This document describes the arrangements for EA/NRW and HSE to share information on
potential poor performance at waste management sites – specifically waste transfer stations
handling asbestos throughout 2015 – 16 (ie April 2015 to March 2016). This arrangement
does not apply to dealings with the Scottish Environment and Protection Agency (SEPA) in
Scotland.
In many cases local inspectors have already built up good working relationships where
shared issues have been encountered. This initiative is aimed at promoting further
opportunities for co-operation.
EA/NRW officers visit waste sites on a more frequent basis than HSE inspectors, so are in a
good position to highlight any issues they are concerned about and feel may be of interest to
HSE. This information can then be assessed by HSE to evaluate their significance and
prioritise accordingly. Although HSE inspectors visits such sites less frequently the same
would hold true in respect of any environmental concerns noted by HSE inspectors. Where
sites are identified with serious issues involving both environmental and health and safety
issues this information sharing can facilitate co-operation between the regulators.
Background
The EA and NRW regard waste transfer stations that handle asbestos as a high priority.
HSE FOD inspectors will be carrying out inspections at such sites as part of HSE’s proactive
inspection initiative for 2015-16.
Where practical joint visits will be undertaken following local liaison. However, this may not
always be possible and EA/NRW officers and HSE inspectors may visit sites separately. In
such cases where potential poor performance is identified that might be of interest to the
other regulator it is beneficial to have a formalised mechanism for communicating such
concerns.
This agreement is limited to visits to waste transfer stations in 2015-16 in England and
Wales.
Working Arrangements:
EA/NRW officers
•
Where any matters are observed which they consider are evident concerns for health
and safety the officer should provide a brief summary on the form in Annex 1 of this
agreement and attach any supporting information eg photos which the officer considers
might be helpful.
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•
•
The report should be sent by e mail as soon as possible to
lisa.weston@hse.gsi.gov.uk, HSE receiving coordinator (cc’d to
paul.fernee@environment-agency.gov.uk and/or
julie.tate@cyfoethnaturiolcymru.gov.uk).
The receiving coordinator in HSE will pass the information to the appropriate Divisional
Intelligence Officer who will consider the information and decide if a follow up visit or
contact from HSE should be made.
HSE inspectors
• HSE inspectors will visit WTS as part of planned FOD inspections in 2015 - 16.
• Where any matters are observed which they consider are evident concerns for the
environment the inspector should provide a brief summary on the form in Annex 2 of
this agreement and attach any supporting information eg photos which the inspector
considers might be helpful.
• The report should be sent by e mail as soon as possible to paul.fernee@environmentagency.gov.uk and/or Julie.tate@cyfoethnaturiolcymru.gov.uk (cc’d to
lisa.weston@hse.gsi.gov.uk).
• The receiving coordinator in EA/NRW will pass the information to the appropriate local
EA/NRW office contact who will consider the information and decide if a follow up visit
or contact from EA/NRW should be made.
Other concerns
Any concerns related to visits to premises other than WTS or after 2016 should be reported
to local EA/NRW offices or incident line on: 0800 80 70 60 (Freephone 24 hour service) or to
HSE as follows:
• via the online form at https://extranet.hse.gov.uk/lfserver/external/comp1
• by email: concerns@hse.gsi.gov.uk
• by phoning Concerns Team on 0300 0031647 in office hours, 8.30am – 5.00pm,
Monday - Friday.
Follow up actions
The information sharing agreement is not intended to place an obligation on either regulator.
Where possible, feedback will be given to the reporting inspector. Where this would be of
particular benefit to both regulators a follow up joint HSE/EA/NRW visit may be arranged.
However, this will be dependant on the local resources and priorities of the regulators.
Guidance on issues of interest to HSE
HSE have provided the EA/NRW with a list of Matters of Evident Concern type scenarios of
which they would like to be informed, attached as Annex 3. More information on HSE
expectations for good standards of operation can be found on their website
www.hse.gov.uk/waste/index.htm and in published guidance, of particular relevance are:
www.hse.gov.uk/waste/skiphire.htm
www.hse.gov.uk/pubns/waste06.pdf
www.hse.gov.uk/pubns/waste09.pdf
www.hse.gov.uk/pubns/waste18.pdf
www.hse.gov.uk/pubns/waste26.pdf
www.hse.gov.uk/pubns/waste27.pdf
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Guidance on issues of interest to EA/NRW
EA/NRW have provided HSE with a list of Matters of Evident Concern type scenarios of
which they would like to be informed, attached as Annex 4. More information on EA/NRW
expectations for good standards of operation can be found on their websites at:
http://www.environment-agency.gov.uk/business/sectors/wastemanagement.aspx and
http://naturalresourceswales.gov.uk/our-work/policy-advice-guidance/waste-Policy/?lang=en,
as well as in published guidance, of particular relevance are:
Storage and transfer of asbestos wastes Quick guide 215_12 Version 2 Issued 12/02/2014
Review
HSE and EA/NRW will continue to liaise and review this agreement to ensure it continues to
optimise the benefits.
Approval
This agreement has been approved by Chantal Nicholls of HSE, Paul Fernee of EA and
Julie Tate of NRW.
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Annex 1
Matters of Evident Concern - Report Form to send to HSE
This form should be emailed to: lisa.weston@hse.gsi.gov.uk
cc’d to: paul.fernee@environment-agency.gov.uk and/or
julie.tate@cyfoethnaturiolcymru.gov.uk
Site operator
Site address
Site contact details
Main site activity
Date visited
EA/NRW inspector
name/tel no/email
address
Matters of Evident
Concern
Further Detail eg.
operator response
How EA/NRW is
responding to any
environmental
issues found
Please attach any additional information which may be helpful
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Annex 2
Matters of Evident Concern - Report Form to send to EA/NRW
This form should be emailed to: paul.fernee@environment-agency.gov.uk and/or
julie.tate@cyfoethnaturiolcymru.gov.uk cc’d to: lisa.weston@hse.gsi.gov.uk
Site operator
Site address
Site contact details
Main site activity
Date visited
HSE inspector
name/tel no/email
address
Matters of Evident
Concern
Further Detail eg.
operator response
How HSE is
responding to any
health & safety
issues found
Please attach any additional information which may be helpful
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Annex 3
Matters of Evident Concern
Please find below, examples of situations HSE inspectors would be interested in hearing
about, but any environmental risks found which you consider to have evident concerns for
health and safety, please complete the report form for HSE’s attention (Annex 1). Thank you
Asbestos – handling and transportation of asbestos containing materials (ACMs):
• Mechanical handling e.g. by loading shovel;
• Excessive amounts of manual handling;
• Unsuitable storage arrangements;
• Absence of suitable PPE and RPE in use;
• Evidence of significant contamination/spread
Transport issues:
• Excessive congestion with roadways difficult to manoeuvre;
• Excessive amount of reversing activities because of poor access arrangements;
• Little or no vehicle and pedestrian segregation;
• Vehicles clearly in a very poor condition e.g. missing mirrors, lights, visible damage
etc.
Storage of materials:
• Inappropriate/unsafe stacking e.g. skips on top of each other
o loaded skips, particularly 2+, can be unstable due to compression of the
contents;
o empty skips, particularly 5+. where the stacks clearly look unstable;
• Stockpiles of materials of excessive height and/or poor construction;
• Inappropriate or no storage arrangements for compressed gas cylinders;
• Inadequate room between stacks/skips for access e.g. to check integrity of
containers, connect chains etc.
• Evidence of unsafe access e.g. falls form height
Housekeeping
• Excessive material stored on site making vehicular and pedestrian movement
difficult or dangerous;
• Gangways not clear – slips and trips
Welfare facilities
• No toilet or washing facilities available;
• Totally inadequate toilet and washing facilities e.g. portaloo only, lack of warm/hot
running water.
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Annex 4
Matters of Evident Concern
Please find below, examples of situations EA/NRW inspectors would be interested in hearing
about, but any environmental risks found which you consider to have evident concerns for
health and safety, please complete the report form for EA/NRW’s attention (Annex 2). Thank
you
Complaints – If HSE receive complaints about a particular site.
Non-lockable skip used / skips open – if asbestos is stored outside of locked
closed skips; eg. plastic bins, on the ground, in the corner of a building
Visible asbestos on ground – if there is evidence of broken asbestos or loose
asbestos
Damaged or open bags visible – If there is bagged asbestos stored with evidence
of significant damage to bags
Evidence of treatment of waste - evidence of compaction, skip to skip transfer or
sorting
Adjacent skips for recyclable materials - eg. wood and metal which may have
originated from the asbestos waste stream
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