Rare Breeds Survival Trust
HEALTH AND SAFETY
INFORMATION
CODE OF PRACTICE: 08
SUBJECT: Use of Pesticides
DISTRIBUTION: All Offices
FROM: The Conservation Co-ordinator
DATE: Oct 2016
2 | Page
CoP8 Oct 16
1. Introduction
A pesticide may be considered as a substance, preparation or organism that is prepared for or used to control any pest; and a pest is any unwanted plant, creature or organism that is harmful to plants, wood or other plant product.
All those who use pesticides, whether staff or volunteers, working on Trust owned or managed properties or otherwise active under the Trust’s auspices, must comply with this Code of Practice. Contractors will likely work to their own procedures but will be expected to comply with the requirements of this Code of Practice as a minimum.
Under the Provision and Use of Work Equipment Regulations 1998, the Trust must ensure that equipment is suitable for the work intended, and is maintained appropriately.
Sufficient training and information must be given to the operator of the equipment. The main source of information that helps with safe use and effectiveness of a pesticide is the product label. This will be supplied at the time of purchase and must be kept with the container.
2. Legal Requirements and Obligations
The Health and Safety Executive (HSE) is the regulatory authority in the UK for pesticide products. Agricultural, horticultural and home garden pesticides are regulated under the Plant Protection Products Directive/Regulations and the Control of Pesticides Regulations.
Agricultural, horticultural and home garden pesticide products are those that are used to protect plants e.g. insecticides, fungicides, herbicides (weedkillers). These are generally referred to as ‘pesticides’. RBST does not use fumigants or vertebrate control agents and work requiring these pesticides needs to be contracted out to a professional contractor.
The Plant Protection Products (Sustainable Use) Regulations 2012 came into force on 18 July 2012, replacing the previous UK legislation governing the use of pesticides, and transposes the Sustainable Use Directive 2009/128/EC.
Guidance on the safe use and storage of plant protection products is currently covered by two DEFRA Codes of Practice:
The Code of Practice for Using Plant Protection Products
· This is for all professional users of plant protection products (pesticides) in England and Wales, to ensure safe use and legal compliance with respect to Part III of the Food and Environment Protection Act (FEPA) 1985 and the regulations controlling pesticides, under that part of the Act (Section 16).
· Thus it explains how you can use pesticides safely and meet the legal conditions which cover their use. It should be read by everyone using pesticides in a professional capacity.
The Code of Practice for Suppliers of Pesticides to Agriculture, Horticulture and Forestry (PB3529)
· This gives practical guidance on the storage and transport of pesticides and the obligations on those who sell, supply and store for sale and supply.
Although some of the legislative framework in the new Regulations (2012) has changed, the general guidance of the Codes of Practice remains appropriate. These and other relevant Codes of Practice can be obtained from HSE.
In addition the HSE has produced a Guidance on the new Regulations (2012) for those who are affected. This includes obligations on those who use pesticides. It details pre-existing UK requirements which will continue; the new requirements that became effective on 18th July 2012 and the new requirements that will be phased in by 26th November 2013 or 26th November 2015.
These changes can be summarised as follows:
· Users of professional products with existing Certificates of Competence for the Safe Use of Pesticides will comply with new legislation and no further action needs to be taken.
· New users will need a Certificate of Competence as with current requirements.
· Users of professional products who previously relied on Grandfather Rights (which meant that those born before 31st December 1964 did not need a Certificate of Competence) will need to hold a certificate of Competence after 26th November 2015 (See also Section 5 – Training).
· Pesticide application equipment (except knapsack and handheld sprayers) must be inspected and pass inspection by 26th November 2016, unless it is less than five years old by that date. All equipment (except knapsack and handheld sprayers) must pass inspection once before the fifth anniversary of its purchase.
· By law anyone applying pesticides must take “all reasonable precautions”, and advice on the product label must be followed. The label specifies considerations in relation to protecting the environment, protecting personnel, storage, disposal and medical advice. Following all this advice will ensure that the pesticide is used safely and effectively.
See also Section 9 of this document – Disposal of Pesticide Waste
3. Health Risks
People can be exposed to pesticides through their skin, their eyes, by breathing them in or by swallowing them. An Emergency Action Plan should be in place, and all users trained in Emergency Procedures, which should be followed in the event of a contamination or spillage (See Section 11).
Labels on the products used will show specific advice, and this information is always on the manufacturer’s Material Safety Data Sheet (MSDS), which is available from the supplier. An Emergency Action Plan should also contain advice on protection of the environment when dealing with any spillage or contamination.
Using pesticides incorrectly can put people and the environment at risk. If a pesticide is used when it is not needed this can waste money and increase the possibility of pests becoming resistant. It is important to identify the specific weed, pest or regeneration problem and determine whether pesticide treatment is imperative. It is not usually necessary to monitor exposure to a pesticide if it is used in line with the conditions of the product approval and manufacturer’s recommendations and the necessary control measures are used and maintained. There is no workplace exposure limit (WEL) for RoundUp or Asulox (See the HSE guidance note EH40).
4. COSHH
The COSHH regulations apply to a pesticide if it is classified as ‘very toxic’, ‘toxic’, ‘harmful’ ‘corrosive’ or an ‘irritant’. Many pesticides are classed as hazardous and it is the way the product is used which determines the risk involved, so a COSHH assessment should always be carried out. If the pesticide includes a micro-organism that may be a danger to health, or dust which may be present in ‘substantial concentration’ in the air, then the COSHH regulations apply.
COSHH regulations apply to all pesticides used at RBST. Under these regulations if anyone, including members of the public, could be affected by a work activity involving dangerous substances, exposure must be prevented or controlled. The risk of exposure to pesticides must be considered from several aspects including the employee or volunteer using the products, other employees that may be nearby and anyone else who may enter the treated area. Consideration must be given to the actions to be taken if equipment fails or breaks. The product label provides good guidance and information.
It cannot be assumed that a product has current approval for a particular use. Only products with approval for use in the UK should be used at RBST. To check that a product has approval, consult the Pesticide Safety Directive (PSD) website www.pesticide.gov.uk . This site also provides advice on pesticide resistance.
For further guidance on the application of COSHH regulations refer to Cop 05 and the HSE website (www.hse.gov.uk/coshh). Other information on potential hazard and risk can be found in the HSE Code of Practice for using Plant Protection Products.
5. Training
Everyone who uses pesticides whilst active under the Trust’s auspices must, by law, have received adequate training in using pesticides safely. This applies to users, managers and employers. By law anyone who stores or uses ‘agricultural pesticides’ must have a certificate of competence.
Basic training in the relevant laws, the risks associated with pesticides and their use, safe working practices, emergency action, health monitoring, record keeping and equipment use must be obtained.
5.1 The grandfather rights exemption
Under the previous UK legislation governing pesticide use, only those born before 31 December 1964 who used an agricultural product on their own or their employer’s land were exempt from the requirement to hold a certificate of competence.
The Regulations provide for the continuation of that exemption until 26 November 2015, when everyone who purchases a professional product must ensure that the intended end user holds a certificate.
After 26 November 2015 everyone who uses a professional product, including those who previously relied on “grandfather rights”, must hold a specified certificate.
6. Personal Protective Equipment
Under COSHH regulations, anyone who could be affected by a work activity involving dangerous substances must be prevented from being exposed to the substance, or if this is not reasonably practicable, the exposure must be adequately controlled.
People applying pesticides will usually need Personal Protective Equipment (PPE) as well as engineering or other controls in order to adequately control exposure. The product label will specify the type of PPE that must be worn when handling and applying the pesticide. PPE must be made to an appropriate European standard and must carry the CE mark. It must comply with the conditions of approval for the relevant pesticide (Refer to the Task Risk Assessment – Appendix III).
In all situations, even if the product label does not refer to PPE, it is good practice to wear basic PPE (e.g. suitable protective coverall, gloves and boots). Whenever handling liquid products and cleaning equipment, a face-shield must be worn.
If using respiratory protective equipment (RPE) then the face-fit (seal) should be close-fitting (most types other than air-fed visors and helmets). You can get information on testing the face-fit of RPE and other advice on PPE from the HSE website (www.hse.gov.uk) and the HSE CoP for using plant protection products.
7. Application of Pesticides
Application of pesticides should be carried out in a carefully planned way and consideration given to the long-term implications of their use, and any potential impacts on people’s health and the environment.
Before using a pesticide, all safety precautions and directions for use must be read and understood. These are provided on the product label and must be followed. If applying a pesticide which has been mixed by another person then it is important that a copy of the product label is available and has been read and understood.
All pesticides should be handled in a well-ventilated area to avoid any possible build up of vapours. Some pesticides may present a fire risk (these products will be labeled with the appropriate hazard symbol and risk phrase) so no sparks or naked flames should be present during preparation and use. If handling flammable products the HSE Guidance booklet HS (G) 51 ‘The storage of flammable liquids in containers’ should be read.
When using hand-held equipment, avoid self-contamination through walking across the area just treated, especially in high vegetation areas. Avoid working in strong winds and do not work into the wind direction when spraying or applying dusts and fine granules. Pesticide drifting off target may cause problems as some may cause harm to wildlife and gardens.
When working with a knapsack sprayer follow the application guidelines to ensure the intended application rate is achieved and to prevent spray drifting off target. Use a suitable spray pressure control valve and a nozzle cover if necessary. When filling equipment take care to avoid contamination of the outside or overfilling. It may be advisable to fill within a portable drip tray or bunded area. Bulk solutions should not be prepared for multiple users unless the equipment does not need to be adjusted for individual users.
The correct nozzle must be selected and advice on this and spraying systems can be obtained from equipment manufacturers and in the Voluntary Initiative stewardship leaflet ‘Nozzle selection and maintenance’ (www.voluntaryinitiative.org.uk). Make sure nozzles are in good condition and do not drip when the sprayer is switched off. Where possible the nozzle should be covered especially for hand held equipment. The equipment must be kept clean inside and out and must be maintained. Spraying equipment should be calibrated with water only.
Warning notices must be put in place during the application period and removed afterwards. If beekeepers need to be notified this must be done well in advance and they must also be told when application has been completed.
After application all the equipment must be cleaned inside and out, preferably on site. Unused spray solution should be disposed of safely and legally, and concentrate returned to the pesticide store. The equipment must be stored safely under cover. PPE must either be cleaned if it is re-usable or disposed of.
8. Pesticide Storage
Pesticides must only be stored in the original container with the approved product label. When a diluted, working solution of pesticide is prepared it should be used as soon as possible, ideally within one day, and not stored for a long period. If it is not all used it must be labeled clearly and stored safely and securely.
Waste packaging should be disposed of safely and legally and no unapproved pesticides should be present. Avoid storing an unwanted pesticide; it is illegal to do so if the approval for storing and using it has been withdrawn.
An up to date stock record must be kept in the store and a copy also kept away from the store in case of emergency.
Fixed Storage
The pesticide store should be away from fire-risk areas and at least four meters from hay, straw, diesel, oils and other combustible materials and away from domestic dwellings. The store should ideally be resistant to fire and capable of retaining any spillage. The store needs to be secure. Purpose-built proprietary cabinets are available.
Mobile Storage
Pesticides should be safely transported and stored at site. Never carry in the cabs of vehicles. In particular, concentrated pesticides must be transported away from the driver/passenger compartment. A secure cabinet should be used and appropriately labeled. This must be secure against unauthorized access. Any vehicle containing pesticide should be parked away from places where a spill could cause water pollution. Do not leave pesticides in their containers or in dilute form, unattended.