One of our local Britain in Bloom volunteers was spraying off some weeds in town last week, and was approached by someone who complained that he should not be doing it - the complainant said that the volunteer should be certified, and that it was unfair as he (the complainant) had paid £600 to get his spraying tickets, and was upset to see a non-professional doing such work.
Leaving aside the issue of whether it was appropriate to make the complaint under those terms at all, was he actually correct?
My guess would be that as the guy doing the spraying was an unpaid volunteer, using amateur strength chemical purchased from the local garden centre, he didn't need training.
Can someone who knows about such things advise what the rules actually are?
Views: 353
Replies
The only time you dont need ther certificates is if you are spraying your own land.
I made a decision early on with the volunteers who help me in the garden here not to allow them to apply any chemicals including wood preserver, use any machines or climb up ladders. Just easier for me, less risk assessments and fewer worry lines !
A little light reading:
http://www.pesticides.gov.uk/uploadedfiles/Web_Assets/PSD/Code_of_P...
Section 1.5 and 2+ are relevant.
Thanks Tim, the flow chart on page 23 of your link provides the answer - although he wasn't doing it "professionally" he was doing it on land that he did not "own, rent or occupy" - so he needed a certificate!
Rowly - yep, you're right, NIB should have sorted this - naivety on their part I guess; I wonder how many people outside the industry actually know these regs exist??
Tim Haywood said:
Also important is the Statuary Label on the product.
This defines who can apply and where it can be applied.
It defines whether the product is for 'home' use or 'professional' use.
Any use outside this label is considered 'off-label' is technically illegal unless exemptions have been granted (often seen with Agri-based products)
Items sold in garden centres and/or available to members of the public are clased as 'home' use for application by homeowner.
If the homeowner purchases and applies on their owne property then no licensing is required
If someone applies this product not on their own land and/or for financial gain, then you must be qualified to apply.
ANY one who applies 'professional' products is required to be licensed, unless exempt by a very few situations coverd under COPR.
This subject keeps comming up and a simple rule that we work to is;
if applying in a 'commercial/business' manner then licensing is required.
In my mind the limited number of exemptions are no reasons why you should not be trained and understand the consequences of your (potentially lethal) actions.
To me, any other approach is 'reckless'
I looked at the relevant H and S etc websites and was somewhat confused ! So I phoned up the H and S Chemical Directorate in York (01904 455775) and spoke to a Mr Ian Rowland who told me, during a lengthy discussion, that you can use an amateur product (eg Asteroid weed killer) for commercial gain on premises not owned by you providing that -
1. You carry out a risk asessment prior to use
2. Every use of the chemical is recorded on paper with dosage, time, location etc.
He was quite clear that you can use an amateur product for commercial gain without a certificate if you follow the above.
I quizzed him several times and that is what he said.
I go by the COPR (as mentioned by Tim, above). See flowchart and read the whole document.
Unfortunately, we have found that EA (who are more relevant that HSE at this..) personnel are not consistent, don't always know there own legisaltion and are not trained in specifics.
The same used to happen when discussing Waste Licenses - ask 3 of them, 3 different answers !!
How can one do a risk assessment and know what to record if you have not been trained and hence qualified ?????
Why would anyone want to apply a product that they do not understand (by definition, you have not been trained in how these products works)?
This is exactly why we end up with a bad name as an industry.
To me, best practice (forgetting lesgislation) ABSOLUTLEY dictates you get qualified and KNOW WHAT YOU ARE DOING..
I'm passionate about what we do to our environment and the thought of even more untrained people applying all manner of products without understanding the impact horrifies me....
If we want to be taken as professionals, then we should act as professionals.
Not much else I can add....