Delivery of clinical waste by healthcare professional
(1) A healthcare professional may deliver clinical waste to a reception point or collection point under section 3(2)(b) or (c) without a waste collection licence but any such delivery must comply with the requirements specified in subsection (2).
(2) The requirements are°X
(a) the clinical waste must not exceed 5 kg in weight on any one occasion;
(b) the clinical waste must not consist of any substance, matter or thing belonging to Group 4 (Infectious materials) in Schedule 8 to the Ordinance;
(c) the healthcare professional must not use, for the purpose of delivering the clinical waste, a means of transport other than a private car within the meaning of the Road Traffic Ordinance (Cap 374);
(d) the clinical waste must be delivered directly to a reception point or collection point within 24 hours after the clinical waste begins to be so delivered;
(e) the clinical waste must not be left unattended while it is being delivered;
(f) the clinical waste must be packed or stored°X
(i) in the case of clinical waste consisting of any substance, matter or thing belonging to Group 1 (Used or contaminated sharps) in Schedule 8 to the Ordinance, in containers that are puncture-resistant, shatter-proof and leak-proof; and
(ii) in all other cases, in containers that are made of rigid material, impervious to moisture and leak-proof, and that will not rip, tear or burst under normal conditions of handling;
(g) the containers referred to in paragraph (f) must each bear on the outside of the container a label of the dimensions specified in Part 1 of the Schedule, which label must contain the symbol specified in Part 2 of the Schedule;
(h) the containers referred to in paragraph (f) must each be properly and securely packaged, closed and sealed to prevent spillage or leakage;
(i) the healthcare professional must, in the course of delivering the clinical waste, carry°X
(i) adequate and appropriate first aid equipment for use in the event the clinical waste causes injury to any person; and
(ii) adequate and appropriate cleaning equipment for use in the event any clinical waste is spilled; and
(j) if any clinical waste is spilled while it is being delivered, the healthcare professional must remove the spilled clinical waste and clean the area of the spillage by using the equipment specified in paragraph (i)(ii).
(3) If any requirement under subsection (2) is contravened in respect of a delivery, the healthcare professional commits an offence.
(4) If any requirement under subsection (2) is contravened in respect of a delivery and the healthcare professional was acting in his or her capacity as an employee of another person, that other person also commits an offence.
(5) A person who commits an offence under subsection (3) or (4) is liable on conviction to a fine at level 6.
(6) It is a defence to a charge under subsection (4) for the person charged to prove that the person took all reasonable measures and exercised all due diligence to avoid the commission of the offence.