Use this checklist to confirm your business meets its obligations. Work through each item and answer yes or no. Section 1 covers the workplace and employment duties; Section 2 covers the environmental, waste and construction duties. If you answer no to an item that applies to you, follow the linked guide before you proceed.

Workplace health and safety is enforced by the Health and Safety Executive in Great Britain and by HSENI in Northern Ireland. Environmental permits and waste controls are enforced by the Environment Agency (England), Natural Resources Wales, SEPA (Scotland) or NIEA (Northern Ireland). CDM and asbestos are enforced by HSE.

Section 1 — Workplace duties and employing people

These duties apply to every remediation business. Confirm each one.

Health and Safety at Work etc. Act 1974 (HASAWA)

The Health and Safety at Work etc. Act 1974 - primary UK workplace health and safety legislation establishing employer and employee duties. Pure data reference.

The Health and Safety at Work etc. Act 1974 (HASAWA 1974) is the primary legislation governing workplace health and safety in the United Kingdom. It establishes the legal framework for protecting the health, safety and welfare of people at work and those affected by work activities.

Legal status: Primary legislation - principal UK health and safety statute
Royal Assent: 31 July 1974
Came into force: 1 April 1975 (in stages)
Geographic scope: Great Britain (separate legislation applies in Northern Ireland)
Applies to: All employers, employees, self-employed persons, and those who control work premises
Primary duty (Section 2): Employers must ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees
Duty to non-employees (Section 3): Employers must protect persons not in their employment (contractors, visitors, public) who may be affected by work activities
Employee duties (Sections 7-8): Employees must take reasonable care for their own health and safety and that of others, cooperate with employers, and not misuse safety equipment
Enforcement authority: Health and Safety Executive (HSE) and local authorities
Maximum penalties (post-2008 amendments): Unlimited fines in Crown Court; imprisonment up to 2 years for individuals; up to 6 months and/or £20,000 fine in Magistrates' Court
Referenced by regulators: Cited in 31 regulatory documents in the ORDS (Office for Regulatory Delivery and Simplification) dataset
Secondary regulations: Enables creation of health and safety regulations (e.g. Management of Health and Safety at Work Regulations 1999, COSHH, Manual Handling)

Reasonably practicable: The Act uses the term "so far as is reasonably practicable" throughout. This means employers must balance the level of risk against the time, trouble and cost of controlling it. However, the law is weighted in favour of health and safety - employers must demonstrate that control measures would be grossly disproportionate to the risk before they can be considered not reasonably practicable.

Self-employed persons: The Act also places duties on self-employed persons to protect their own health and safety and that of others who may be affected by their work activities.

Health and Safety at Work etc. Act 1974 (legislation.gov.uk)

HSE - Health and Safety at Work etc. Act 1974 guidance

1

Have you written your risk assessments and put safe systems of work in place?

Your general duty under the Health and Safety at Work etc. Act 1974 is to ensure, so far as is reasonably practicable, the health, safety and welfare of your people and others affected by your work. Risk-assess contaminated ground, confined-space entry, exposure to hazardous substances and biological agents, and unstable structures. If not, follow "Set up and run a safe remediation operation".
2

Do you hold employers' liability insurance and meet your equality and data duties?

Hold at least £5 million of cover once you employ anyone; do not discriminate under the Equality Act 2010 (or separate NI equality law enforced by the Equality Commission for Northern Ireland); and comply with the UK GDPR and Data Protection Act 2018, registering with the ICO unless exempt.

Section 2 — Environmental, waste and construction duties

Confirm each duty that applies to your work.

1

Do you hold an environmental permit or exemption for your waste operations?

Where your remediation involves treating, depositing or recovering waste on site, or operating mobile treatment plant, you need a bespoke or standard-rules environmental permit, or a registered exemption. If not, follow "Meet your environmental permits, waste and construction duties".
2

Are you registered as a waste carrier, broker or dealer?

Upper-tier registration for carrying others' contaminated waste (chargeable, renewed every three years).
3

If the land is determined as contaminated under Part 2A: are you delivering to the statutory-guidance standard?

The local authority (or EA for special sites) sets the remediation standard. Meet it.
4

Have you identified, assessed and controlled asbestos?

Licensable asbestos work requires an HSE licence. Non-licensed and notifiable non-licensed work must still be notified, with trained operatives and RPE.
5

Have you met your CDM duties?

Ground remediation is construction work. Appoint CDM duty holders, notify HSE where the thresholds are met, and prepare a construction phase plan.
6

Are you handling hazardous waste correctly?

Consignment notes for every movement, records kept for three years, disposal to a suitably permitted site.
7

Are you observing the waste duty of care?

Store safely, transfer to authorised persons, complete waste transfer notes (kept for two years; hazardous-waste consignment notes for three).

If you answered no to anything

Work through the guide linked in that item. The two task guides — the workplace spine and the environmental/waste/construction guide — set out what to do. Start from the router if you are not sure which apply to you.

Official sources

Authoritative remediation and waste regulation guidance.

Remediation: compliance checklist

Environmental compliance for construction sites

Piling and earthworks compliance

Waste management: compliance checklist

Meet your environmental permits, waste and construction duties for remediation

Fire safety duties for Northern Ireland businesses

Section 1 — Workplace duties and employing people

Have you written your risk assessments and put safe systems of work in place?

Do you hold employers' liability insurance and meet your equality and data duties?

Section 2 — Environmental, waste and construction duties

Do you hold an environmental permit or exemption for your waste operations?

Are you registered as a waste carrier, broker or dealer?

If the land is determined as contaminated under Part 2A: are you delivering to the statutory-guidance standard?

Have you identified, assessed and controlled asbestos?

Have you met your CDM duties?

Are you handling hazardous waste correctly?

Are you observing the waste duty of care?

If you answered no to anything

Official sources

Related guides in Compliance & Legal

Section 1 — Workplace duties and employing people

Have you written your risk assessments and put safe systems of work in place?

Do you hold employers' liability insurance and meet your equality and data duties?

Section 2 — Environmental, waste and construction duties

Do you hold an environmental permit or exemption for your waste operations?

Are you registered as a waste carrier, broker or dealer?

If the land is determined as contaminated under Part 2A: are you delivering to the statutory-guidance standard?

Have you identified, assessed and controlled asbestos?

Have you met your CDM duties?

Are you handling hazardous waste correctly?

Are you observing the waste duty of care?

If you answered no to anything

Official sources