Topic guide 1.1: Operational compliance in meeting ... · PDF file• noise pollution ......

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Unit 1: Ensure compliance with legal, regulatory, ethical and social requirements

Any business must be able to demonstrate that it acts responsibly in relation to its staff, clients, the natural environment and the community in which it is based, whether it is local or global. Companies must also ensure compliance with national and international laws, regulations and standards relating to business practice, finance and the environment.

This topic guide will examine the requirements placed on organisations within the construction, building services and engineering industries to meet legal and regulatory requirements on a national or European basis and to operate ethically towards clients, staff, the immediate and wider community, and the natural environment.

This topic guide will cover: • legal requirements • regulatory requirements • ethical requirements • social requirements.

Operational compliance in meeting requirements1.1

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1.1: Operational compliance in meeting requirements

1 LegalBefore you startLegislation, best practice and technology are continually changing and improving so, to remain effective as an environmental officer, you must be alert to changes and developments in your field. In particular, legal and regulatory matters are subject to change. Therefore, while the information presented in this topic guide is current at the time of writing, check all information available before carrying out any tasks or acting on legal or regulatory matters.

So, how do you keep up to date? Read on to find out more.

The construction and engineering industries are highly regulated and subject to lengthy, detailed legislation covering all aspects of the industries. It is the duty of an environmental officer to ensure that his/her company is aware of, and complies with, all legislation and recommended procedures in relation to the wide variety of environmental legislation. This type of legislation covers:

• materials • waste • environmental protection • air and water quality • noise pollution • land use.

Environmental legislation in construction and engineering is not new and can be traced back at least as far as the Alkali Act of 1863 which regulated the highly polluting processes used in the emerging paper, detergent and textile manufacturing industries. The inspectorate set up under the Alkali Act developed its remit during the early and mid-twentieth century to cover all emission-producing factories and processes. In 1956 the Clean Air Act was passed to control the burning of coal in built-up areas in order to improve air quality. Prior to this the event which became known as the ‘great smog’ had been responsible for the deaths of some 12,000 London residents in the winter of 1952–53.

Figure 1.1.1: Smog, in which fog is intensified by smoke or other pollutants,

can be deadly.

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The greater raft of environmental legislation in modern times has developed as a result of the UK joining the European Union (EU) in 1972. Hence a great deal of UK legislation is shaped by EU directives and other international agreements. More recently the legislative philosophy has moved from ‘prescriptive’ legislation, where activities or processes are ‘banned’ or alternative processes are ‘enforced’, to ‘goal-setting’ legislation, where the emphasis is on businesses meeting targets to reduce the impact of their operational activities. Goal-setting legislation, with recommended codes of practice, allows for more self-regulation within the industry with the intention that less public resources are spent on enforcement.

The remaining part of this section highlights the main pieces of legislation relevant to an environmental officer working in construction, building services or engineering.

Other legislation will exist beyond this list and, because legislation is updated and revised regularly, the list is not exhaustive and is subject to change. It is the duty of the environmental officer to monitor and update procedures to meet any changes in legislation. The name of each principal piece of legislation is listed, what you need to know about the act and how it affects your industry.

The Clean Air Act, 1993This act:

• consolidates earlier clean air acts (1956 and 1968) • bans emissions of dark smoke from chimneys and industrial furnaces • requires any new furnaces to be smoke free • imposes limits on emissions of grit and dust from furnaces • sets minimum chimney heights • establishes smoke control zones • establishes control procedures for motor fuel and oil fuel sulphur content • provides information on air pollution and how to obtain further information.

The act is relevant in manufacturing and heavy engineering, smelting, agriculture, demolition and waste disposal. ‘Dark smoke’ results from the burning of carbon-based materials such as plastics, tyres, treated and painted items such as windows and doors, bonded material such as particle board, paints and bituminous materials such as roofing membrane. Locations which may produce dark smoke include oil processing sites, furnaces, incinerators and demolition sites.

The Environmental Protection Act, 1990One of the most important and wide-ranging drivers of environmental management, this act covers waste management, including litter, emissions into the environment and the management of risk posed by genetically modified organisms.

The main sections of the act include: • prescribed processes and substances • disposal of controlled waste on land, including defining controlled waste,

waste management licences and the responsibilities of national and local government

• contaminated land • statutory nuisances, including dust, steam, noise and odours which may be

emitted from premises

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• litter • Radioactive Substances Act, 1960 • genetically modified organisms, including an assurance to avoid damage to

the environment which may arise from genetically modified organisms.

This act promotes the ‘polluter pays’ principle, where the party responsible for polluting any land can be held liable for its remediation. Land owners who knowingly allow the pollution of their own land may also be held responsible under this principle.

The act is relevant to anyone involved in the handling and disposal of waste products, products which may cause pollution and those involved in land and estates management, civil engineering and land remediation work. It is therefore an important and highly relevant act of legislation for the construction and manufacturing industries where management of emissions, potentially dangerous and polluting substances and waste occur frequently.

The Noise and Statutory Nuisance Act, 1993This act sets measures for street noise, operating loudspeakers in a street and intruder alarms, and empowers local councils to prevent noise nuisance. Therefore it is relevant for any business operating noisy machinery or equipment such as construction or demolition machinery or road-repair equipment.

The Environment Act, 1995This act created the Environment Agency (EA) and the Scottish Environmental Protection Agency (SEPA) and established them as regulating bodies for:

• contaminated land • abandoned mines • national parks • control of pollution • conservation of natural resources • conservation or enhancement of the environment • fisheries.

The act is relevant in estates management and recreational facilities, tourism, civil engineering and highways projects, mining, land remediation, forestry, fishing and agriculture. Both EA and SEPA act to protect the environment from pollution and from natural threats such as flooding. In England and Wales any businesses which are responsible for emissions to air, water or land must obtain a permit to operate from the Environment Agency (this is discussed further in Topic guide 1.2, section 1).

The Clean Neighbourhoods and Environment Act, 2005This act covers localised environmental issues, including:

• abandoned and nuisance vehicles • litter and refuse • defacement (graffiti and fly-posting) • waste • dog control orders • noise • statutory nuisance (light and insects).

Key termRemediation – putting environmental damage right (remedying it).

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This act introduces additional noise, litter and waste controls. The waste section: • includes the introduction of site waste management plans for use in

construction and demolition • requires carriers of waste materials to be licensed • sets penalties for illegal disposal of waste.

The act is relevant for those involved in demolition, construction, transport, community and estate management, and waste management and disposal. The parts of the act dealing with litter and refuse are relevant to anyone operating in public distribution of advertising material, leaflets, posters and similar material.

Control of Pollution (Amendment) Act, 1989This act strengthened earlier legislation on the disposal of waste by making it a criminal offence to transport controlled waste without a licence. The act also provides for the seizure and disposal of vehicles used for illegal waste disposal.

It is relevant to anyone involved in construction and demolition transport, refuse handling and waste disposal.

The Water Resources Act, 1991This act:

• prevents and minimises the pollution of water • empowers the Environment Agency to police the act • makes it an offence to cause or knowingly permit any poisonous or polluting

material, including silt and soil from eroded areas or any solid waste, to enter any controlled water

• empowers the Environment Agency to clean the area, and recover the costs from the landowner or person responsible.

The act is relevant for those involved in agriculture, highways and infrastructure construction and design, waste management and manufacturing. Contractors working near natural watercourses must maintain adequate management of silt and run-off from site and prevent any contamination of nearby watercourses or rivers.

Water Act, 2003This act updates water abstraction licensing to provide for drought management and flood defence. It covers:

• small abstractions (less than 20 m³ per day) • licensing of the de-watering of mines, engineering plants, quarries and

other sites • administration of licensing • water conservation and protection zones • information sharing on drought and water resource management between

water companies and the public.

The act is relevant for those involved in civil engineering and infrastructure works and design, quarrying and mining, water supply and management, and flood defence works.

Figure 1.1.2: Management of emissions to water is covered by a number of acts of

Parliament.

Key termControlled waste – any waste from domestic, commercial or industrial premises which is subject to legislative control in its management and disposal.

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Water Industry Act, 1991This act consolidates previous legislation on water supply and sewerage services (including trade effluent consents). It also opens up the market so that private sector companies can compete to be appointed as water and sewerage undertakers. The act requires licences for abstraction and impoundment of water, and establishes flood defence committees. It provides for works notices and water protection zones.

The Renewable Transport Fuel Obligations, Amended, 2011This legislation requires road transport fuel suppliers to produce evidence showing that a proportion of their fuel is renewable or sustainable. All suppliers of at least 450,000 litres of fuel a year are obligated to do this, including suppliers of biofuels as well as fossil fuel.

The legislation is relevant in distribution and logistics, manufacturing companies with supply departments, haulage fleets and the wider road transport industry.

SummaryIt is worth examining the area relevant to your industry in further detail. For example, those working in construction will be mainly concerned with hazardous materials (COSHH regulations), waste packaging treatment, construction waste materials, landfill, water treatment and abstraction, volatile organic compounds, noise and similar areas.

Those involved in manufacturing may be concerned with a similar range of legislative areas, perhaps with more emphasis on materials’ management, emissions, clean air, transport and logistics.

Understanding acts of law and operating within legal requirements are complex issues and are extremely important for organisations. The consequences of not doing so can be disastrous, both environmentally and from a business point of view. The area is a specialist one. However, at this level you should know the relevant acts of law relating to your field of operations.

ActivityConsider the operations carried out by your company, the materials used and the products, including waste products, which your company produces.

Using the information here as well as your own research, make a list of the current legislation which covers your company’s operations, materials’ use, treatment of waste, environmental responsibilities and transport or handling of the finished product. Ensure you are referencing the most recent acts, including any amendments which may have been added.

Extend this activity by presenting the information in a short bulletin for distribution to management, highlighting the relevant acts of law which apply to the company, and stating how the company is ensuring all of their operations are within the law.

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2 RegulatoryRegulations are not the same as legislation; however, regulations are often borne out of acts of law. In general the regulations that relate to a particular area of industry provide examples and guidelines of best practice in order to meet the requirements of the associated legislation. For example, the Building Regulations are widely used in construction and are a set of documents offering guidance on how to meet the requirements of the Building Act, 1984.

This section sets out the regulations relevant in the construction and engineering industries, under the separate areas of air, land, noise, waste, water, and health and safety. These headings are broadly descriptive; some regulations may also cover other areas such as energy use or may be directed towards other areas such as climate change.

AirThe Air Quality Standards Regulations, 2010 SI 1001

These regulations: • deal with the management of ambient air quality and compliance with air

quality limit values, target values and objectives • set the assessment levels, locations and numbers of sampling points for

sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter, lead, benzene, carbon monoxide, ozone, arsenic, cadmium, nickel, mercury, benzopyrene and other polycyclic aromatic hydrocarbons.

You should be aware of these regulations and the requirements for testing if you are involved in the manufacture of, or are responsible for, emissions of any of the above pollutants.

Notification of Cooling Towers and Evaporative Condensers Regulations, 1992 SI 2225

These regulations require businesses to inform their local council before installing a cooling tower or evaporative condenser on their site. The regulations aim to prevent the spread of legionella which can take place in evaporative condensers and similar water cooling systems.

The regulations are relevant to any manufacturer or operator of a site with an evaporative cooling tower or condenser, or any site or business seeking to install one.

The Environmental Protection Regulations, 2011 SI 1543

These regulations implement EC guidelines on substances that deplete the ozone layer. They also specify training and qualifications required by anyone working with ozone-depleting substances (ODS) and fluorinated greenhouse gases (F gases).

Many engineering manufacturers and building service engineers involved in air conditioning are exposed to ODS and F gases. The main industries affected by these regulations are:

• stationary refrigeration, air conditioning and heat pumps • fire protection systems and fire extinguishers

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• mobile air conditioning • high voltage switchgear • solvents.

If you are involved in the manufacture, supply or installation of these products, then you should be provided with the training required to use the products and substances safely. The Department for Business, Innovation & Skills provides information to different industries on how to meet these regulations (see www.gov.uk/government/organisations/department-for-business-innovation-skills).

Case study: Legionnaires’ diseaseIn 2006 an architect was fined £15,000 and faced charges of corporate manslaughter after five people died from Legionnaires’ disease which had been traced back to a recently completed building designed by the architect. The local authority was also fined £125,000; both were held responsible for the deaths as they were reasoned not to have adequately checked the air conditioning system in the building.

This case provides an example of a breach of the Notification of Cooling Towers and Evaporative Condensers Regulations, 1992 SI 2225.

LandEU Pesticide Directive, 2009/128/EC

This is a framework to reduce risks and impacts of pesticide use on human health and the environment. The directive focuses on the sustainable use of pesticides and preventing any impact on human health.

Case study: Neonicotinoid pesticidesNeonicotinoid pesticides were banned by the European Commission (EC) in April 2013. There has been extensive scientific evidence showing that the pesticides are extremely harmful to bees, which provide important natural pollination for plants and crops. The decision is controversial because manufacturers of the pesticides lobbied governments to vote against the ban, presenting evidence contradicting the claim that the pesticides caused harm to bees. The UK government in particular was heavily criticised for voting against the ban, while environmental campaign groups such as Greenpeace and Friends of the Earth welcome it.

Case study: Japanese knotweedDevelopment work due to take place close to a section of the Manchester Ship Canal required the removal of the highly destructive and invasive Japanese knotweed plant. Widespread spraying is not recommended where other species may be affected, therefore a direct stem-infection method was used to eradicate the plant from the area. The treatment worked and a follow-up survey carried out 12 months later showed no recurrence of the plant.

Planting Japanese knotweed, or having it on your land, is an offence under the Wildlife and Countryside Act, 1981, and the safe removal and disposal of the plant is controlled under the Environmental Protection Act, 1990.

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NoiseEnvironmental Noise (England) Regulations, 2006 SI 2238

These regulations require the government to identify noise sources for strategic noise maps and to draw up noise action areas covering large areas of population, major roads, railways and airports.

Noise Emission in the Environment by Equipment for Use Outdoors Regulations, 2001 SI 1701

These regulations establish maximum noise levels for equipment used outdoors, mainly in construction and land maintenance, such as generators, lawn mowers, compaction machines and concrete breakers.

WasteThere is currently a great deal of regulatory advice covering industrial waste management. The construction industry has been shown to be one of the worst offenders for producing waste. There has consequently been a drive to increase awareness of waste management, starting with the design stage through to disposal. The philosophy is to implement a hierarchy of preferred waste treatment. The following list shows the most favoured option, down to the least favoured.

1 Reduce the amount of waste removed.

2 Reuse materials as far as possible.

3 Recycle materials to make new products.

4 Recover energy from waste.

5 Dispose of waste safely at landfill.

EU Directive End-of-Life Vehicles, 2000/53/EC

This directive requires end-of-life vehicles and their components to be recycled or reused. It sets out design requirements for materials and components. It also outlines measures for collection systems, and treating and storing waste vehicles at authorised treatment facilities.

The Site Waste Management Plans Regulations, 2008 SI 314

These regulations require the preparation of a site waste management plan for any construction projects with an estimated cost of over £300,000.

Site waste management plans are now an essential requirement for any sizeable construction project. They are also considered good practice on projects where it is not a requirement. Construction companies are required to implement a system covering the following points.

• Who will be responsible for waste management? • What types of waste will be generated? • How will the waste be managed – will it be reduced, reused, recycled or sent

to landfill? • Details of any contractors managing waste must be provided along with assurances

that the waste is correctly recycled or disposed of responsibly and legally. • How will the quantity of waste generated by the project be measured?

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There is plenty of advice available on producing a site waste management plan; many companies use the nine-step procedure briefly outlined below.

1 Planning and preparation

2 Allocating responsibility

3 Identifying waste

4 Managing waste

5 Disposing of waste

6 Organising materials and waste

7 Communication and training

8 Measuring and monitoring

9 Reviewing progress and improving future plans

Site waste management plan templates are widely available and a very comprehensive free template with advice is provided by WRAP at www.wrap.org.uk/.

The Hazardous Waste (England and Wales) Regulations, 2005 SI 894

These regulations set out the regime for the control and tracking of the movement of hazardous waste for the purpose of implementing the Hazardous Waste Directive (Directive 91/689/EC).

Waste Electrical and Electronic Equipment (WEEE) Regulations, 2006 (amended 2009)

These regulations aim to reduce the amount of waste electrical and electronic equipment (WEEE) going to landfill. The regulations require any manufacturer, re-brander or importer of electrical and electronic equipment to contribute to the costs of collection and treatment of waste electrical and electronic equipment in proportion to the amount they produce for the market. Producers are required to register with an approved producer compliance scheme, which will confirm evidence of recycling on behalf of the producers from an approved authorised treatment facility or an approved exporter.

WEEE covers all household electrical equipment with a voltage less than 1000 V AC or 1500 V DC. This includes:

• large household appliances • small household appliances • IT and telecommunications equipment • consumer equipment • lighting equipment (with the exception of household luminaires) • electrical and electronic tools (with the exception of large-scale stationary

industrial tools) • toys, leisure and sports equipment • medical devices (with the exception of all implanted and infected products) • monitoring and control instruments • automatic dispensers.

LinkThere will be further discussion of how to implement site waste management in Unit 18: Manage the environmental impact of work activities.

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WEEE regulations will apply to any company which manufactures and sells any of the electronic equipment above under their own brand, resells equipment manufactured by another supplier or imports any of the equipment above.

The Restriction of Hazardous Substances (RoHS)

Closely linked to WEEE regulations and introduced at the same time and part of the same wider European legislation, RoHS aims to restrict the use of a number of hazardous materials. These are:

• lead • mercury • cadmium • hexavalent chromium • polybrominated biphenyls • polybrominated diphenyl ether.

The list of equipment and components which may contain any of these materials is similar to the WEEE list on the previous page.

The Controlled Waste (England and Wales) Regulations, 2012 SI 811

These regulations classify waste as household, industrial or commercial waste, and list the types of waste for which local authorities may make a charge for collection and disposal. These regulations enable local authorities to charge for non-domestic waste from premises including:

• campsites and self-catering accommodation • royal palaces • GP surgeries (non-clinical waste) • charities • educational establishments • hospitals or nursing homes (not including those providing residential

accommodation) • penal institutions.

Premises exempt from The Controlled Waste Regulations, 2012 include: • small businesses currently benefiting from free waste disposal and eligible for

small business rate relief (only applies in England) • charity shops and reuse organisations • publicly funded schools and further education (FE) colleges which currently

benefit from free waste disposal (only applies in England) • premises used wholly or mainly for public meetings.

Landfill Directive 99/31/EC

This directive aims to reduce as far as possible waste directed to landfill and encourage waste prevention by recycling and recovery. It introduces stringent technical requirements for waste going to landfill, thus reducing the potential for harm from land and water pollution arising from landfill.

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Since July 2004, landfill sites have been divided into three classes. These are: • hazardous waste • non-hazardous waste • inert waste.

Co-disposal, where different classes of waste used to be disposed of together in one site, is no longer permitted.

The directive also bans a number of wastes from going to landfill. These are: • liquid wastes • explosive, corrosive or oxidising waste • highly flammable or flammable wastes • hospital and other clinical waste which is infectious • used tyres (whole or shredded).

The Waste Batteries and Accumulators Regulations, 2009 SI 890

These regulations establish a legal framework and schemes for collecting, treating and recycling portable, industrial and vehicle batteries. They apply to all types of batteries except when used for military and space equipment. The regulations are applicable in manufacturing and electrical engineering where batteries are being manufactured or used in a manufactured product.

Producer Responsibility Obligations (Packaging Waste) Regulations, 2007

These regulations set packaging recycling targets on UK businesses with a turnover of over £2 million and which handle more than 50 tonnes of packaging per year. Packaging material includes paper, glass, plastic, aluminium and wood. Producers are required to demonstrate to the Environment Agency that they have recovered or recycled specified tonnages each year, either by recovering and recycling themselves or by joining a registered compliance scheme.

Case study: Mainplant recyclingNorthern Ireland manufacturing company, Mainplant, produces about 60 tonnes of waste steel per year in its manufacturing processes. All this waste is sold on to a recycler who reduces the steel to small plate-sized pieces and then re-melts them into new steel.

Packing materials received by the company consist of paper and card (which are recycled by the local authority) and steel straps (which are recycled along with the steel waste). Mainplant supplies its products in returnable metal casings, owned by the company. The company’s waste management process and supply policy ensures they not only have a zero landfill quotient but also save on packaging supply and generate further income by selling on waste material.

WaterUrban Wastewater Treatment Directive 91/271/EEC

This European directive sets out the minimum standards for the discharge of treated effluent from waste water treatment works. The standards of treatment vary according to the type and sensitivity of the receiving water, and the size of the population area producing the waste water.

Figure 1.1.3: To protect the environment, everyone has a responsibility to dispose of

batteries safely.

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Control of Pollution (Oil Storage) Regulations, 2011

These regulations aim to prevent environmental damage caused by oil leakage or spillage into the ground. They require anyone storing more than 200 litres of oil above ground to provide a secondary containment facility such as a bund (as shown in Figure 1.1.4) or drip tray around the storage area, to a minimum of 110 per cent of the maximum stored volume.

Oil tankBund wall

Figure 1.1.4: An example of a bund.

Types of oil covered by the regulations include petrol, diesel, vegetable, synthetic and mineral oils, including heating oil.

These regulations apply to anyone involved in transport or distribution where fuel or oil is stored on site and to any operator storing oil products for manufacturing or production use.

Environmental Damage (Prevention and Remediation) Regulations, 2009

These regulations force polluters to prevent and repair damage to water systems, land quality, species and their habitats and protected sites. The polluter does not need to be prosecuted first, so remedying the damage will be faster.

Water Resources Act 1991 (Amendment) Regulations, 2009 SI 3104

These regulations extend the use of water protection zones and works notices, in particular to deal with harm to aquatic ecosystems caused by the physical characteristics of a water course such as the condition of riverbanks.

Groundwater Directive 80/68/EEC; Groundwater Daughter Directive, 2006/118/EC

These regulations aim to protect groundwater from pollution by setting out the criteria for assessing the condition of groundwater, criteria for identifying significant trends in groundwater pollution levels, and preventing and limiting indirect discharges of pollutants into groundwater.

EU Water Framework Directive

This is a framework for improved water protection throughout Europe through the implementation of river basin management plans. It has been described as one of

Key termBund – or bund wall – is a structure designed for the containment of a liquid or other material in the event of a spill. A bund is usually formed directly underneath a storage tank.

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the EU’s most ambitious and comprehensive pieces of legislation. The framework also attempts to streamline earlier directives, incorporating their provisions into a more coherent framework.

The Framework Directive is composed of four main parts. These are: • coordinated action to improve all EU waters, including surface and

groundwater, by 2015 • setting up a water management system based on natural river basin districts,

crossing regional and national boundaries • integrated water management, bringing different water management issues

into one framework • active involvement of interested parties and consultation of the public.

Health and safetyREACH (Registration, Evaluation, Authorisation and Restriction of Chemicals), 2007

REACH controls the manufacture, production and movement of chemicals within Europe. REACH applies to manufacturers of chemicals, including substances recovered from waste and producers of biofuels from waste oil (although there are some exemptions such as compost, biogas and anaerobic digestate). Manufacturers are required to register with the European Chemicals Agency (ECHA) and provide a package of technical information on the chemicals they produce and their hazards.

Case study: Coca-Cola EnterprisesIn May 2013 Coca-Cola Enterprises announced it had reduced its water use ratio from 1.47 litres in 2011 to 1.4 litres per litre of product.

Coca-Cola Enterprises has set a further target of 1.2 litres per litre of product by 2020.

While the company cannot reduce the amount of water used in its drinks, it has made the savings in water use by implementing more efficient cleaning and manufacturing processes.

Activity1 Consider the waste products created by your company (if you are not currently employed, then

consider a company which is local to you or with which you have some links (or your tutor may be able to provide company links)). Research the acts of law which cover the type of waste product(s) your company is responsible for. Check you are referencing the most up-to-date amendment and cross-refer to the waste management methods your company is using.

2 Carry out an audit of the waste electronic and electrical equipment you have been personally responsible for in the last year. Include any household electrical equipment, personal music or other media or entertainment equipment, including phones, IT equipment or tools which you have disposed of. Note how you disposed of them, their approximate value at purchase and where they were purchased from, and how you think they were further processed after disposal.

3 Consider whether any of the equipment could be reused or recycled or sold on (either for repair or as it was). Consider whether you have replaced any electric or electronic equipment which was not broken but has become obsolete due to improved models, for example phones, televisions, personal entertainment equipment.

LinkFor more information on health and safety regulations see Unit 6: Maintaining systems for health, safety, welfare and environmental protection in the workplace.

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Portfolio activity (1.1)Research the legislation and regulatory advice relevant to your area of operations or study. Useful starting points might be:

www.legislation.gov.uk/(UK law)

and

www.europa.eu/eu-law/index_en.htm (European law).

Source and retain (either as a hard copy or electronically) copies of the regulations and legislation relevant to your work. Record evidence of areas of your work activities which are directly related to the legal or regulatory requirements you have found. Maintain a log of activities where you are carrying out tasks which are set out in regulations. Where possible link the tasks with specific sections within acts of law, regulations or directives.

Summary

There is a great deal of regulatory advice and much of it is organised and administeredin a supportive way to help organisations to comply with the legal requirements of environmental law. Ensure you are up to date with all regulatory matters relating to your field of operations and maintain a log of your activities in this area.

Key regulations cover the management of: • waste materials • packaging • emissions • air quality • water quality and emissions to water • storage and management of polluting materials • pollution of land • health and safety • noise.

3 EthicalEthics could be described as a set of principles which are based on the fair and moral treatment of humans and the environment. Business ethics become important when there are opportunities to either exploit people for financial or other gain, or where a moral or environmental issue is at stake. The very fact that most businesses depend on the exploitation of either human or natural resources immediately raises the question of the ethics of the particular business practice.

Ethical issuesThe engineering and construction industries rely heavily on the contribution of their workers, who frequently have to carry out physically demanding and dangerous roles, often to tight schedules. Until relatively recently, it was an accepted fact that construction was one of the most dangerous industries, and the risk of injury and death was acknowledged as part of the job. Similarly, working long and exhausting shifts in poorly ventilated and badly serviced factories was once commonplace in manufacturing in the UK.

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Ensuring ethical compliance throughout the supply chain

Today in the UK and Europe we are familiar with health and safety laws and regulations which protect the lives and safety of workers in all industries, and with regulations on minimum wages, sick and holiday pay, child labour, working times and other employment issues. These have become accepted thanks to pressure from organised labour groups and progressive governments in the 20th century. Moral issues, however, still exist elsewhere in the world, as globalisation, particularly in the manufacturing industry, allows companies to exploit the less stringent working conditions in some countries to produce goods for sale in other countries. Ethical compliance therefore arises in the form of ensuring that supply chains are mapped, that producers in other countries are treated fairly and that workers are not exploited in the ways that they were in this country a century ago.

The ethical tracking of the supply of Western consumer goods, particularly clothes, but also electronic goods, toys and even food, has become more significant. This is because improvements in global communications have allowed people in consumer countries to see easily the conditions that some goods are being produced in. This has brought increased pressure to some manufacturers to publish information on their supply chain and take steps to ensure the ethical treatment of workers throughout.

Case study: The Olympic Delivery AuthorityThe Olympic Delivery Authority set itself some demanding targets in relation to sustainable construction. Concrete has a high environmental impact due to the use of energy-intensive cement as well as the abstraction of aggregate and water use.

An initial estimate of the overall concrete requirement for the Olympic Park in East London was 500,000 m³, equating to about one million tonnes of aggregate.

Due to the high environmental impact of concrete, the design was rationalised and the overall concrete requirement was reduced by about 22 per cent.

Further environmental savings were made by creating an onsite batching plant using more sustainable concrete production techniques. These included replacing aggregates with sustainable alternatives such as stent (a china clay manufacturing by-product) and other recycled masonry materials from site; and replacing high-embodied energy cement with GGBFS (ground granulated blast furnace slag), which has a much lower embodied energy value as it is a by-product from the iron industry.

‘Food miles’

The increased awareness of Western consumers, along with health and dietary concerns, have also highlighted issues of ethics in food manufacturing. ‘Food miles’ is a relatively new term which describes the distance food ingredients must travel before the food reaches the table. Food miles, and the logistics of national and global food transport, make a significant contribution to carbon emissions and also raise the question of the treatment of animals. Yet the reduction in food logistics, or a ban on importing cheaply manufactured goods from poorer nations, will not necessarily satisfy the ethical questions raised, because to stop or reduce production in those countries will have a detrimental effect on economic development there, and the subsequent economic welfare of the producers.

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A better ethical response for the manufacturer or importer is to: • monitor the supply chain, ensuring each member of the chain is being treated

at least to acceptable or regulatory standards • make the information available to industry stakeholders, including consumers.

Supply chain management (SCM)

The monitoring and optimisation of the procurement of materials and services in construction and engineering is known as supply chain management (SCM). It is an important tool within business management, involving:

• cost management • supplier management • the assurance of client value • production scheduling • logistics • development and improvement.

Therefore, a carefully considered and ethically sound method of procurement is a starting point in ensuring ethical compliance in many industries. Whether the finished item is an engineered product, a building or a food product, it is vital to monitor the procurement method to ensure ethical compliance.

Construction projects and ethics

Construction projects offer many opportunities for ethical examination. The sourcing and supply of materials, labour conditions, welfare and pay, project funding, the contractor selection method and the entire procurement process must all be open to inspection and must satisfy basic ethical considerations. A commitment to zero harm health and safety on site and secure by design are further ethical principles which are being met by construction companies.

The Construction Design and Management Regulations (CDM), 2007, while principally health and safety regulations, are also worth considering here as they place a duty on designers, contractors and the construction client to design, procure and construct a safe building. The CDM regulations provide a framework for the improved coordination of health and safety from the initial design, through construction and on to the eventual decommissioning of the building. More information on the CDM regulations is available from the Health and Safety Executive at:

www.hse.gov.uk/construction/cdm.htm

or from

www.cdm-regulations-uk.co.uk/.

These considerations may begin by examining the initial project requirement, i.e. how will this project affect the quality of life of people involved either locally or as an indirect result of the building being built? Is the proposed project beneficial to society, i.e. is it public housing, a school or hospital? Or is it a contentious development involving the displacement of people, compulsory purchases and objections from residents? It is likely that any large construction project will have both positive and negative ethical issues attached.

Key termsZero harm – a health and safety policy statement where a contractor commits to maintaining a target of zero injuries during any of its construction projects.

Secure by design – building design review guidelines and advice devised and promoted by the police service to design out crime through carefully considered building layouts and urban planning.

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Take it further – planning consultation matters1 Many planning applications for large developments, especially out-of-town supermarkets,

meet with local resistance. Often the supermarket is able to employ planning consultants and other professionals to back up their case, while the objections come from local residents who usually have little influence or planning knowledge. Similar objections are often raised against mini-supermarkets in town centres.Research the planning history of new or recent developments in your area which may have sparked controversy. Planning information, including details of objections and appeals, is in the public domain and is available from your local authority planning department.

2 You may be aware of the recent debate regarding proposals for a new airport to help serve London, versus the expansion of one or several of the existing airports. The proposals are:

• expansion at Heathrow • expansion at Stansted • a new airport to the east of London.

Make a list of the benefits and disadvantages of each proposal. Consider the effects on: • the environment, both local and global • the local residents • employment in the local and wider area • wildlife • cost.

Consider also any long-term benefits.

In construction projects, ethical questions about the validity of the initial project will be directed to the developer and the client. This will happen largely through the planning system, which allows a period of open consultation from interested parties such as local residents and anyone who may be visually or otherwise affected by the proposed development.

Planning applications which meet with significant objections are put to a committee of locally elected councillors who should provide a considered and ethical final decision on the proposal. Applications which are ultimately rejected may be appealed. There are many examples of planning applications which attract high profile commentary, both for and against the proposal. Wind farms located in areas of outstanding natural beauty, out-of-town supermarkets, as well as high street mini-supermarkets, and airport expansion projects routinely meet with passionate opposition campaigns. These are often matched with equally enthusiastic campaigns in favour of the development, usually sponsored by the developer/client.

Once a project is granted planning permission and the construction phase begins, the main contractor and clients are mainly responsible for ethical considerations such as the sourcing of materials and the treatment of workers. Project funding streams and the payment and conditions of workers should be accountable and transparent throughout the construction phase. Contractors should be able to provide assurances of the ethical and sustainable sourcing of materials such as demonstrating compliance with BS 8902 or government-published guidance on sustainable procurement in construction.

LinkFurther discussion on the use and procurement of sustainable materials takes place in Unit 18: Manage the environmental impact of work activities.

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Case study: Royal Borough of Kensington and Chelsea consultation on basement extensionsIn response to increased concern expressed by residents objecting to large basement extensions in the area, The Royal Borough of Kensington and Chelsea has undertaken consultation with its residents and amended its core strategy in relation to basement extensions. The policy is still at draft stage, but if it is adopted from 2014 basement extensions will:

• be limited in size and proportion to the host property • be prohibited in relation to listed buildings • require more rigorous structural design and flood protection.

There will also be increased protection for trees and open spaces and the visual appearance of the streetscape.

Manufacturing and ethics

Manufacturing industries are also open to much ethical examination; questions on product design and commissioning might include the following.

• Is there a requirement for the product being made? • Does it benefit the lives of others? • Is it designed and manufactured to last? • Does it make good use of the resources used to produce it?

ActivityHere are some theoretical questions to consider in terms of ethics (there is no right or wrong answer). Consider the issues raised from the point of view of a management-level employee for an international-sized construction engineering company. Discuss the scenarios with colleagues or your tutor.1 Your company is building a factory in Bangladesh which will provide work for an estimated

1000 people. One of the main tenants of the completed building will be a company producing branded sportswear which is known to use child labour.

2 Your company has recently begun to manufacture a new product which will yield high profit margins and which is to be sold in bulk to a number of sovereign states. The contract to supply the product will provide work in the UK factory for a minimum of 5 years for 100 people. The product is an electric ‘stun baton’ to be used by police or security forces in crowd control situations.

3 Your company is building a new wing in an existing NHS hospital. The hospital is in a deprived area and has suffered from poor management in the past but has since had a ‘cash injection’ and new management. The new wing is to be used only for private patient care and is to act as a revenue-generating source for the main hospital.

4 Your company is bidding to build a number of new power stations in China. They will provide local employment and help China’s growing economy. All the power stations are to be coal-fired.

5 Your company is bidding for land in the UK on which it hopes to build a significant amount of affordable housing. The land will be relatively cheap and, given the housing shortage, high profits are projected. The land is not subject to any legal or planning restrictions but it is regularly used by bird watchers and nature enthusiasts and is a well-documented nesting site for migrating birds.

6 Your company currently sources hardwood from non-regulated suppliers in Indonesia. None of your suppliers currently offer traceable information on their timber origin and many of the suppliers are third-party traders who have no direct links to the original logging companies.

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There has been a great deal of debate in recent times on the emergence of the ‘consumer society’ in which there is more and more demand for manufactured products. As production increases to meet demand, quality and life expectation of the product often falls, or the product becomes superseded by a newer model and the old product becomes redundant – the mobile phone industry is a good example of this phenomenon. This cycle in turn leads to increased disposal and waste of resource-expensive manufactured products, now sometimes referred to as the ‘throwaway society’. This cycle is not a new trend in manufacturing – planned obsolescence of manufactured products was a business philosophy popular for much of the 20th century. It is only now that consumers are beginning to question the ethics of such a policy and seek to change it.

Ethics policies and statements

Companies are expected to provide a clear ethical approach to their business activities, whether this is manufacturing, construction or any other type of business activity, and their procedures and treatment of their clients, staff and the wider community should be open and available for examination.

In order to promote their commitment to ethical trading and operating, companies generally produce an ethics policy document, or mission statement, outlining their approach to business ethics. A typical policy declaration might include guidelines and statements covering:

• health and safety • an environmental policy • supply and procurement • waste products and recycling • payments and hospitality policy • national and international laws and regulations on anti-competitive activity • whistleblowing and internal quality practices • media and other outside communication • equality recruitment and promotion • a drugs and alcohol policy • political affiliations or donations.

The above list is not exhaustive and a good ethics statement will be open to review to update and amend policies as interests and behaviour change.

Ethically sourced supplies

Supply and procurement can be one of the most complex and difficult processes to monitor in construction and manufacturing, and it is often open to ethical abuse, such as the provenance of materials or the use of child or vulnerable labour resources. How can you ensure that your supplies are ethically sourced, and what counts as an ethical supplier? Based in the UK, the Ethical Trading Initiative provides a nine-point ‘base code’ for product suppliers.

• Employment is freely chosen. • There is freedom of association and the right to collective bargaining. • Working conditions are safe and hygienic. • Child labour shall not be used. • Living wages are paid. • Working hours are not excessive.

Key termPlanned obsolescence – industrial manufacturing and design policy where products are deliberately designed with a limited life expectancy, thereby ensuring further sales.

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• No discrimination is practised. • Regular employment is provided. • No harsh or inhumane treatment is allowed.

This base code could be used as a stand-alone policy for ethical procurement, or it could be used as a starting point for a more developed policy, where each step of the procurement process is examined in detail and verified against the points outlined by the Ethical Trading Initiative.

ActivityImagine you are a newly appointed environmental officer with a large (50+ employees) company in your field (construction/engineering/building services engineering). The company is relatively new and has not yet developed an ethics policy. Write an ethics policy for the company which is short and concise (no more than one side of A4) but which also outlines the company’s commitment to ethical business behaviour with regard to the environment, its staff, suppliers, customers and the locality it is operating in.

The policy should be clear and easily understood, and should also impart a compassionate approach by the company to ethical issues.

Summary

Corporate ethics should be at the forefront of any company’s public image and operating philosophy. Consumers expect to see companies behaving proactively and making ethical decisions in relation to their operations. Good ethical behaviour will act as a valuable marketing tool and will increase the company profile with ethics-aware consumers.

You should ensure that your construction or engineering company meets ethical considerations in:

• human resource management • pay and conditions • materials procurement • waste management • sustainability of the building or product • product or building end-of-life procedure.

4 SocialCorporate social responsibilityCorporate social responsibility is becoming more important as consumers and other stakeholders have easier access to information on worldwide events and issues. Closely linked to business ethics, a company’s social requirements include demonstrating a commitment to:

• the environment it is trading in • the welfare and rights of people who are affected by its activities • the welfare of its staff.

When carried out well, corporate social responsibility will help build trust in the community and reinforce the company brand.

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The EU defines corporate social responsibility as ‘the responsibility of enterprises for their impacts on society’. It further states that:

‘… enterprises should have in place a process to integrate social, environmental, ethical, human rights and consumer concerns into their business operations and core strategy in close collaboration with their stakeholders, with the aim of:

• maximising the creation of shared value for their owners/shareholders and for their other stakeholders and society at large

• identifying, preventing and mitigating their possible adverse impacts.’

The UK government defines corporate social responsibility as:

‘The voluntary actions that business can take, over and above compliance with legal requirements, to address both its own competitive interests and the interests of wider society.’

Following the financial crash of the late 2000s, the world of banking and finance met with questions on the social responsibility of many of its practices. There have subsequently been some moves to further regulate the industry in response to societal and consumer demands.

Corporate social responsibility of the construction and engineering industries

As industries which have the potential to cause great social and environmental impacts, construction and engineering have a duty of corporate responsibility. This will often include engaging in ‘stakeholder dialogue’. This means continued consultation with business partners such as:

• employees and unions • suppliers, distributors and customers • regulatory bodies, e.g. the government and Health and Safety Executive • professional bodies • shareholders • external groups, e.g. the media, the general public and consumer groups, and

any special interest groups.

Construction and engineering companies with a well-considered social policy will work to:

• minimise disruption during any of their works • ensure local people, potential suppliers and other local businesses are allowed

the opportunity to benefit from the project • promote community engagement.

This will result in significant benefits for the local community as well as increased goodwill towards the company or project. The measures to minimise disruptions are often written into the local authority planning conditions that are granted for the project, for example the site working hours allowed and the permitted vehicular access routes.

Benefits to the local community

Companies operating in a localised environment are becoming increasingly required to address issues within the community and assist communities where possible. Large construction projects are required to consider sustainability issues

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at the planning stage and companies competing for tender are often asked how much local employment they can provide.

Other issues likely to be addressed by companies seeking to develop or operate in an area could include:

• enhancing ‘local’ economic sustainability by involving local businesses as suppliers of materials, services or labour

• providing targeted employment (especially for the young and long-term unemployed)

• providing work experience, skills training or apprenticeships/NVQs in association with local colleges

• engaging with voluntary and civil society organisations • ensuring community engagement and consultation during construction

works, or providing a regular community engagement forum for a permanent operation

• planning obligations, also referred to as Section 106 planning agreements for construction projects, where a development is granted planning permission along with council-requested additional works to the infrastructure, public facilities or amenities. For example, a contractor for a new housing development may also pledge to provide a children’s play area.

The Considerate Constructor’s Scheme

This scheme is a national initiative established by the construction industry to help the image of the industry and its engagement with the community. Contractors register to the scheme and follow a code of practice which covers:

• enhancing the appearance of the construction industry – constructors should ensure sites appear professional and well managed

• respecting the community – constructors should give utmost consideration to their impact on neighbours and the public

• protecting the environment – constructors should protect and enhance the environment

• securing everyone’s safety – constructors should attain the highest levels of safety performance

• caring for the workforce – constructors should provide a supportive and caring working environment.

The scheme is assessed using a scoring system from one to ten in each of the five areas outlined above. A score of one indicates a gross failure in that area, five indicates compliance and ten indicates innovation beyond excellence. An overall score of 46–50 would therefore indicate a company operating at the highest possible standards and showing innovation in at least one area. A score of 25 will indicate overall compliance but with room to improve, while scores under 25 indicate non-compliance in one or several areas. Continued and multiple non-compliance is dealt with by written notification to improve, and can result in removal from the scheme.

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Case study: Greiner packaging plantThe Dungannon site of international packaging firm Greiner is using waste heat from its cooling processes to supply heat to the neighbouring secondary school, saving the school approximately £40,000 per year. The manufacturing processes used by the firm involve the rapid cooling of plastic products and previously lost heat is now captured and pumped to the adjoining school buildings. The costs of the installation were equally shared between Greiner and the Department for Education and the project has stimulated interest from the school’s science, technology and geography departments, as well as providing valuable positive publicity and community engagement for the company.

Guidance and good practice advice exists from many other bodies involved in construction, including CEEQUAL (the Civil Engineering Environmental Quality Assessment and Award Scheme) which provides a sustainability rating system for civil engineering projects, guidance from SECBE (South East Centre for the Built Environment), the BRE (Building Research Establishment), WRAP (Waste and Resources Action Programme), and Constructing Excellence.

Summary

Corporate social responsibility is a growing concern as people are more aware of a company’s activities and impacts on the community. Construction and engineering, as industries which often have a large impact, subsequently have more opportunity to show positive social effects. As with ethical corporate behaviour, effective demonstration of social responsibility will provide valuable company promotion and more positive brand awareness.

Ensure your company is meeting its social responsibilities, including: • community awareness and good relations with the wider community • dialoguing with stakeholders • ethical and sustainable procurement • good employee relations • high standards of operating procedures • compliance with regulatory bodies.

Portfolio activity (1.1)Find and retain your company’s ethical and social policy statements. Provide a reasoned critique of the policies, indicating where they have met current social and ethical expectations and where they could be improved.

Log activities where you have been involved in social or ethical work on behalf of your employer.

If your company does not have an ethical or social policy statement, then offer to write them yourself.

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ChecklistAt the end of this topic guide you should be familiar with: the UK laws that are concerned with waste, water and air the UK act of law that created the Environment Agency in England and Wales, and the

Scottish Environmental Protection Agency (SEPA) the regulations requiring a building contractor to set out how waste is managed from a

building site of contract value more than £300,000 the area of waste material covered by the WEEE regulations the preferred hierarchy of actions in preventing the disposal of waste to landfill ethical issues to be considered before activities such as the commencement of a large

construction project near to a centre of population or the launch of a new manufactured product aimed at the children’s market

stakeholder groups with whom a company might engage to determine the social effects of their operations

the aims of the Considerate Constructor’s Scheme.

Further reading and resourceswww.gov.uk/environmental-regulations

www.environment-agency.gov.uk/business/sectors/136246.aspx

AcknowledgementsThe publisher would like to thank the following for their kind permission to reproduce their photographs:

Alamy Images: Realimage (12); Science Photo Library Ltd: Simon Fraser (5); Monty Rakusen (1); Shutterstock.com: Doctor Jools (2)

All other images © Pearson Education

We are grateful to the following for permission to reproduce copyright material:

Mainplant Ltd for details about the company on p.12. Reproduced with permission; Coca-Cola Enterprises for an extract adapted from ‘Building a sustainable tomorrow our journey in 2012’ http://www.cokecce.com/system/file_resources/87/CCE_CRS_Report_2012_13.pdf, p.30 in 1.1, p.14. Reproduced with permission; Olympic Delivery Authority for details about the Olympic Park construction on p.16. Reproduced with permission; and The Royal Borough of Kensington & Chelsea for details taken from ‘Basements Policy’ on p.19, http://www.rbkc.gov.uk/planningandconservation/planningpolicy/corestrategy/ basements.aspx. Courtesy of Royal Borough of Kensington & Chelsea.

Every effort has been made to trace the copyright holders and we apologise in advance for any unintentional omissions. We would be pleased to insert the appropriate acknowledgement in any subsequent edition of this publication.

http://www.rbkc.gov.uk/planningandconservation/planningpolicy/corestrategy/basements.aspx

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