What should employers do?

• Use a non-hazardous substance instead of a dangerous pesticide if possible, or find an alternative method of control.
• Carry out a COSHH risk assessment on the pesticide and its intended use, if there is no viable alternative.
• Appoint a suitable person to carry out the risk assessment and advise on the prevention and control of exposure.
• Choose the pesticide that poses the lowest risk.
• Put in place control measures to prevent or, where this is not reasonably practicable, adequately control the exposure of employees to substances hazardous to health.
• Take all reasonable steps to ensure that control measures are properly used or applied.
• Ensure that control measures are maintained in an efficient state, in efficient working order, in good repair and in a clean condition.
• Adequately monitor, where relevant, any exposure to substances hazardous to health.
• Put in place a health monitoring procedure where appropriate.
• Provide employees who are exposed to a hazardous substance with suitable and sufficient information, instruction and training.
• Put in place accident, incident and emergency procedures to protect employers from an incident involving hazardous substances involving a pesticide, eg personal contamination and spillages.

Under the Control of Pesticides Regulations 1986 (as amended in 1997), users of pesticides should be satisfied that the pesticide selected does not present undue risk to animals and the environment. Persons using a pesticide approved for agricultural use must have a certificate of competence.

Under EC Regulation 1107/2009 only authorised plant protection products can be advertised, sold, supplied, stored and used. This is implemented by the Plant Protection Products Regulations 2011, Plant Protection Products Regulations (Northern Ireland) 2011 (as amended) and Plant Protection Products (Fees and Charges) Regulations 2011 (as amended).

Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, certain work-related incidents involving pesticides have to be reported to the Health and Safety Executive (HSE) or local authority. These include fatal injury, acute illness or loss of consciousness resulting from absorption of a substance and cases of phosphorus poisonings diagnosed by a doctor.