Perpetual (Cradle-to-Grave) Liability
Your liability does not end at your door.
When you want it done without liability, do it yourself.
Your liability for sharps and red bag waste does not end at your
door. Unfortunately, you are responsible for your waste from
cradle-to-grave, no questions asked, even if you pay a third
party to haul it away and dispose of it. Protect yourself from
this liability by making sure that biomedical waste items are
disposed of properly, right at your facility.
What You Need to Know About Cradle-to-Grave Liability
The Resource Conservation and Recovery Act (Environmental Protection
Agency, 42 U.S.C. s/s 6901 et seq., 1976) describes the perpetual,
or cradle-to-grave liability as incumbent upon hazardous and infectious waste
generators. The concept that these waste generators are liable
for the hazardous/infectious nature of the biomedical waste
from
point
of generation is supported
by federal, state, and local law. This liability covers all steps including storage, transport, handling, processing,
and ultimate disposal. Original waste generators may
be held just as culpable for improper handling or illegal disposal of
their biomedical waste as the company engaging in such misconduct.
This ultimately requires the generator to diligently pursue proof
of, and document, the proper processing and disposal of their
biomedical waste, regardless of method or state requirements.
"The use of the DEMOLIZER® System virtually eliminated our liability, has given us peace of mind and reduces staff exposure to airborne bacteria from stored medical waste." Mary G., Office Manager |
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Legal Precedents for Perpetual Liability
United States v. Paccione
Operators of a medical waste management operation were found
guilty of fraud, conspiracy and other crimes related to forged
certification documents and improperly obtained permits and licenses
for the disposal of hazardous and medical waste. Doctors and
hospitals who entrusted their waste to the operation for proper
processing and disposal were held jointly liable for both civil
and criminal fines.
Kenney v. Scientific
Individual waste generators (including a variety of healthcare
practitioners) were held liable, along with the owners and operators
of two landfills, in this lawsuit filed by local residents regarding
improper and/or ineffective waste disposal.
Carnell Rivers Trucking Company
Original medical generators (doctors, hospitals) were held liable
for damages and clean-up costs related to the actions of this
hazardous/infectious waste hauler who had neglected to maintain
adequate insurance and liability protection.
The Demolizer® Technology
Eliminate your cradle-to-grave liability with the Demolizer® II.
Demolizer® technology offers a cost-effective,
safe, simple, and secure approach to compliant waste processing, documentation, and disposal.
The system converts both sharps and red bag waste to non-hazardous,
non-infectious solid waste that can be disposed of as common
trash. The Demolizer® technology meets CDC and EPA recommendations for treatment and is consistent with the requirements under the OSHA Bloodborne Pathogen Rule. When used properly, the Demolizer® technology
eliminates cradle-to-grave liability.
