LAW


WHAT’S


REQUIRED OF YOU TO COMPLY WITH LEGAL AND HEALTH & SAFETY LEGISLATION


Confused or Non-compliant? Where weed control is concerned there seems to be a great deal of confusion


Where highway weed control is concerned, and that includes urban hard surfaces and in particular footpaths, there seems to be a great deal of confusion.


It is clear that some contractors are confused, either that, or they are deliberately flaunting the law with respect to the supply and application of weed control products in urban areas. It is also clear that many local town councils, metropolitan borough councils and other councils, large and small, are also confused or are unaware that the law is being broken day in, day out on the streets of their town or borough.


Confused or not, both the contractors and the councils have a responsibility to ensure that pesticides (weed killers are pesticides) are used safely, properly and within the law.


At the moment this is clearly not happening in a great many contracts undertaken for local authorities, the length and breadth of the UK; in England, Wales, Scotland and Northern Ireland. Unless we can show that this industry can apply pesticides safely and responsibly, these products will be taken away. The proposed EC Thematic Strategy and Framework Directive on the Sustainable Use of Pesticides is considering just that for amenity users. The result will be greatly increased costs for the removal of weeds from our streets. Very weedy pavements, broken paving slabs and badly damaged tarmac will be the result. Steam, flame throwers, sweeping and hand weeding are far more expensive options.


So what and where is the confusion?


There are a great number of people spraying footpaths who have no certificate to enable them to do so, often working on a labour-only, subcontract basis for companies who are either unaware of, or choose to ignore the pesticide and Health & Safety legislation both of which are a legal (statutory) requirement, not just ‘nice to have’.


Many local authorities or their agents, though often aware that the legislation exists, are unsure what it is or how it affects them. Local authority staff have broad areas of responsibility and cannot be expected to understand all the issues that are associated with, what may to them, be a very minor part of their duties. They are more likely to be highways or waste management engineers, not horticulturalists with a background in parks and amenity.


No matter what the tender says, the dominant and over-riding factor when


work is awarded to a contractor will be the price. The cheapest price for the job inevitably wins the contract. Value for money and best value is not always the cheapest price (is it?).


So what are the legal obligations for contractors and local authority contracts officers?


Despite what you might think, the Food and Environment Protection Act 1985 (FEPA) and the Control of Pesticides Regulations 1986 both apply to amenity weed control just as much as they do to farmers and growers. All pesticide sale, supply, transport and use is covered by this legislation and that includes pathway / pavement weed control. The new ‘Green’ Code of Practice for the use of Pesticides and the ‘Yellow’ Code of Practice for Suppliers of Pesticides to Agriculture, Horticulture and Forestry also apply to local authority weed control contracts and contractors and they are statutory Codes of Practice.


The following are statutory obligations under the law:


• All sellers and suppliers of pesticides must hold a BASIS certificate of competence. For Amenity, this is the BASIS Certificate in Crop Protection (Amenity Horticulture). Companies cannot legally sell pesticides without a BASIS qualified person.


• All companies capable of storing more than 200Kg/ 200Lt of professional pesticides must have a BASIS qualified storekeeper (NSK).


• All operators (people operating sprayers) must hold the NPTC certificate (PA1 / PA6A etc) for the type of sprayer they are operating.


• Advice on the use of pesticides and current recommendations should be obtained from a BASIS qualified advisor.


• All stores holding professional pesticides for sale and supply should be independently assessed annually and the BASIS store registration scheme is the only government approved store inspection scheme for this industry.


So who are BASIS?


BASIS (Registration) Limited are an organisation set up to ensure self regulation, a charity and recognised by government to uphold standards for storage, advice and contract application of pesticides in the UK.


Be Aware Rogue traders are still able to duck and


dive their way through a spraying season blaming poor results on a variety of factors:


• Weather • Product hasn’t worked • Poor sweeping regime


• Liberal interpretations of the contract (e.g. 95% weed control means 5% need not be sprayed – or should it?)


Sounds familiar?


How often does the client actively see the spraying operation taking place? How often does the client ask to see the operator’s certificates of competence? How often is the sprayer calibration checked? How often are the materials being used checked?


a) Is it approved for amenity use?


b) Is it approved for the weeds it is attempting to control?


c) Is it in the tank?


Who has examined the equipment being used to assess its fitness for purpose? How many authorities assess the success or otherwise of a weed control contract purely on the number of complaints received from members of the public (council tax payers)? In responding to a complaint from a member of the public, would you know whether you were looking at dead weeds, dying weeds, weeds that have just germinated, resistant weeds or weeds that have never seen any form of herbicide at all?


Although you might not think so, the


Voluntary Initiative (VI), National Register of Spray Operators (NRoSO), National Sprayer Testing Scheme (NSTS) and the statutory codes of practice all apply equally to the Amenity Industry as they do to Agriculture.


The Amenity Industry is ignoring the law and the schemes built around them to encourage compliance at its peril. If we don’t act now to put our house in order it will be forced upon us and at a higher price to the industry.


What can you do to ensure you don’t fall foul of the law in future?


Firstly use a contractor who is a member of the BASIS Advanced Amenity Contractors certification Scheme (BACCS) which aims to raise and maintain standards and has worked hard in the last few years to identify and root out mal-practice in the industry. There is no other government approved scheme setting standards for contractors in the amenity industry. BACCS is recognised as a contractors’ standard by the Minister through PSD (Pesticide Safety Directorate).


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