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Sanitary disposal in the workplace - law?

Headless Lois, 10 April, 2008 at 17:58 Posted on Off Topic Posts 0 19

I am struggling to find the law/any guidelines on what has to be provided for this - anyone know?

L
xx

19 replies

Latest activity by Ellena, 11 April, 2008 at 17:14
  • NickJ
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    NickJ ·
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    I do not envy you ?


    You may be breaking the law if you don#%92t provide a sanitary waste disposal bin. The 'Duty of Care' Act demands that sanitary waste is managed to the point of disposal. Waste must be carried by a licensed carrier and a full audit trail of documentation must be available at all times. Failure to comply can lead to a large fine or a term of imprisonment.
    This applies to all commercial premises, even if only one female is employed.
    This regulation is further endorsed by the Water Industries Act 1991, which states that no items should be flushed that could cause a blockage within the sewer or drain.

    As employers, we are all bound by law to provide adequate and appropriate washroom facilities for our staff. The following section from Statutory Instrument 1992 No.3004, The Workplace (Health, Safety and Welfare) Regulations 1992 outlines what we are obliged to do.

    Sanitary conveniences
    20.#%92(1) Suitable and sufficient sanitary conveniences shall be provided at readily accessible places.
    (2) Without prejudice to the generality of paragraph (1), sanitary conveniences shall not be suitable unless#%92

    (a) the rooms containing them are adequately ventilated and lit;
    (b) they and the rooms containing them are kept in a clean and orderly condition; and
    (c) separate rooms containing conveniences are provided for men and women except where and so far as each convenience is in a separate room the door of which is capable of being secured from inside.

    (3)It shall be sufficient compliance with the requirement in paragraph (1) to provide sufficient sanitary conveniences in a workplace which is not a new workplace, a modification, an extension or a conversion and which, immediately before this regulation came into force in respect of it, was subject to the provisions of the Factories Act 1961, if sanitary conveniences are provided in accordance with the provisions of Part II of Schedule 1.

    Washing facilities
    21.#%92(1) Suitable and sufficient washing facilities, including showers if required by the nature of the work or for health reasons, shall be provided at readily accessible places.
    (2) Without prejudice to the generality of paragraph (1), washing facilities shall not be suitable unless#%92

    (a) they are provided in the immediate vicinity of every sanitary convenience, whether or not provided elsewhere as well;
    (b) they are provided in the vicinity of any changing rooms required by these Regulations, whether or not provided elsewhere as well;
    (c) they include a supply of clean hot and cold, or warm, water (which shall be running water so far as is practicable);
    (d) they include soap or other suitable means of cleaning;
    (e) they include towels or other suitable means of drying;
    (f) the rooms containing them are sufficiently ventilated and lit;
    (g) they and the rooms containing them are kept in a clean and orderly condition; and
    (h) separate facilities are provided for men and women, except where and so far as they are provided in a room the door of which is capable of being secured from inside and the facilities in each such room are intended to be used by only one person at a time.

    (3) Paragraph (2)(h) shall not apply to facilities which are provided for washing hands, forearms and face only.

    Health and Safety Executive, phone **** or visit www.hse.gov.uk

    Environment Agency, www.environment-agency.gov.uk

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  • H
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    Headless Lois ·
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    Wow, I don't envy me, either.

    So essentially I have to get one of those companies in that provide bins/dispose of waste? Fucking hell

    L
    xx

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  • LouM
    Beginner August 2007
    LouM ·
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    quote:Originally posted by Headless Lois
    Wow, I don't envy me, either.

    So essentially I have to get one of those companies in that provide bins/dispose of waste? Fucking hell

    L
    xx
    id="quote">

    Or stop employing women. Basically. ?
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  • H
    Beginner
    Headless Lois ·
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    It's a tricky one as I need to employ myself, Lou. Also, we have female customers to consider

    L
    xx

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  • gnomette
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    gnomette ·
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    But lots of places that you go to (off the top of my head, some pubs, small restaurants, hotel rooms etc) don't have these so how do they get round it or are they being naughty? Is it because they provide seperate loos for staff?

    Sorry for the quizzical rambling, I was just wondering this as I read the post.

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  • LouM
    Beginner August 2007
    LouM ·
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    I'm pretty sure that the DoC stuff only applies in certain circumstances (would need to check though and I'm at home with no library access at the minute). What certainly DOES apply to you is reg 20 of the Workplace Health Safety & Welfare Regs, in terms of which an employer must provide "suitable and sufficient sanitary conveniences at readily accessible places". In the context of female loos, this is generally accepted to mean that 'suitable' means should be provided for disposing of tampons and towels. It has been held that the provision of disposal bags and pedal bins, lined with drawstring liner would suffice.

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  • cariad
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    cariad ·
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    quote:Originally posted by LouM
    I'm pretty sure that the DoC stuff only applies in certain circumstances (would need to check though and I'm at home with no library access at the minute). What certainly DOES apply to you is reg 20 of the Workplace Health Safety & Welfare Regs, in terms of which an employer must provide "suitable and sufficient sanitary conveniences at readily accessible places". In the context of female loos, this is generally accepted to mean that 'suitable' means should be provided for disposing of tampons and towels. It has been held that the provision of disposal bags and pedal bins, lined with drawstring liner would suffice.
    id="quote">


    am so glad you said that as i have a pedal bin and drawstring bags

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  • gnomette
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    gnomette ·
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    quote: It has been held that the provision of disposal bags and pedal bins, lined with drawstring liner would suffice.
    id="quote">

    Ah, that makes more sense now and has stopped me panicking about our arrangements!

    Thanks.
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  • LouM
    Beginner August 2007
    LouM ·
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    quote:Originally posted by gnomette
    quote: It has been held that the provision of disposal bags and pedal bins, lined with drawstring liner would suffice.
    id="quote">

    Ah, that makes more sense now and has stopped me panicking about our arrangements!

    Thanks.
    id="quote">

    I've actually managed to access the legislation. Technically, waste should only be collected/ disposed of by an 'authorised person' (ie someone who has a waste management licence or a waste disposal authority). However, there is a 'de minimus' exemption which appears designed to give discretionary relief to small businesses-

    Environmental Protection Act 1990 s33(4)

    "The Secretary of State, in exercising his power under subsection (3) above, shall have regard in particular to the expediency of excluding from the controls imposed by waste management licences—
    (a) any deposits which are small enough or of such a temporary nature that they may be so excluded;
    (b) any means of treatment or disposal which are innocuous enough to be so excluded;
    (c) cases for which adequate controls are provided by another enactment than this section."
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  • S
    Steggiwegg ·
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    Bleeding menses!!!!

    All I'll say is this. If men had to go through it on a monthly basis, they wouldn't need to be reminded about women and their hygiene needs.

    I work with another woman who's pregnant and a load of men. The cleaner is even male, which is slightly annoying cos he hokes away like an old hen.

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  • Dove
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    Dove ·
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    I seem to have it in my head that you only need to have proper sanitary disposal bins if you employ more than a certain number of women. I do not know why I seem to think this - sorry, not much help am I?

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  • Sare
    Beginner September 2002
    Sare ·
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    Can you tell all the women they're getting a special bonus, and give them all mooncups instead?

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  • Roobarb
    Beginner January 2007
    Roobarb ·
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    Give them all free mooncups. Problem solved ?

    OR even better, offer to get them coils fitted/the contraceptive injection - so not only will they not have periods but they won't go on mat leave either - everyone's a winner ?

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  • L
    Beginner May 2007
    LittlePeanut ·
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    Or give them a week off a month? ?

    (I'll get my coat...)

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  • H
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    Headless Lois ·
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    I am actually thinking in the wider concept of customers, rather than just my one weekend girl!

    Steggiwegg I have no idea what you're on about?

    L
    xx

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  • Mrs Magic
    Beginner May 2007
    Mrs Magic ·
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    quote:Originally posted by Headless Lois

    So essentially I have to get one of those companies in that provide bins/dispose of waste? Fucking hell

    L
    xx
    id="quote">Can you imagine having to do that for a living? Not pleasant. <shudder>
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  • H
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    Headless Lois ·
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    quote:Originally posted by Mrs Magic
    quote:Originally posted by Headless Lois

    So essentially I have to get one of those companies in that provide bins/dispose of waste? Fucking hell

    L
    xx
    id="quote">Can you imagine having to do that for a living? Not pleasant. <shudder>
    id="quote">

    Well, I will have to do it myself otherwise, along with other joyous tasks I unertake like cleaning the toilet

    L
    xx
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  • Mrs Magic
    Beginner May 2007
    Mrs Magic ·
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    At least you will empty bins on a regular basis, I'd assume? Rather than having to collect bins which have been sitting for a week and filled with nappies and sanitary towels.

    For some reason, loos and bins don't bother me but the thought of emptying bins full of them gives me the heebies.

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  • GMT
    Beginner December 2008
    GMT ·
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    Did you know that 2/3 of all sanitary protection gets flushed down the loo - loads of it ends out at sea.

    horrible thought ....

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  • E
    Beginner May 2005
    Ellena ·
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    There used to be loads floating in our local reservoir. When I was about 13, I thought people had taken them out to have sex [:I] and [xx(]

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