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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    Garden centre accidents: Working with pesticides


    Garden centre accidents: Working with pesticides

    Predominantly used to protect plants against ‘pests’, pesticides used in a garden centre include an array of different substances, including:

    • Animal repellents
    • Fungicide sprays
    • Hormone rooting powders
    • Insecticides
    • Lawn sand treatments
    • Plant growth regulators
    • Slug pellets (molluscicides)
    • Weed killers (herbicides)

    Some pesticides, typically referred to as biocides, are, however, not used purely for the protection of plants. Such substances consist, for example, of:

    • Aquatic algaecides/ molluscicides (control of algae/ snails in ponds)
    • Fly sprays/ ant powder (insect repellents/ killers)
    • Rodenticide (rat/ mouse killers)
    • Surface biocides (fungicidal washes/ patio cleaners)
    • Vertebrate (in particular cat) repellents

    Code of practice preventing accidents at work involving pesticides in a garden centre

    Controlled under the CRD (Chemicals Regulation Directorate), as well as, in some cases, falling under the COSHH (Control of Substances Hazardous to Health) law, professional use of pesticides is regulated by the Defra (Dept. for the environment, food and rural affairs) Code of Practice (CoP) for use of plant protection products. Produced in respect of regulations controlling use of pesticides within the 1985 Food & Environment Protection Act, Part III, this CoP (which can be downloaded here) outlines how pesticides should be used and stored in order to prevent garden centre accidents or incidents endangering the public or the environment.

    Employer’s duty to prevent workplace accidents

    The Defra CoP further states that professional pesticides should only be used by persons who have received adequate guidance, instruction and training in the correct use of such substances. In addition, individuals born after the 31st of December 1964 and / or those providing commercial services are required to hold certificates of competence in order to use pesticides professionally. In other words, employers are required to prevent work accidents involving pesticides by ensuring employees are properly trained and certified as competent in their use.

    Work injury compensation

    Failure to comply with the storage and usage guidelines as outlined in the Defra CoP may result in work-related injuries through accidental contact with or inhalation / ingestion of pesticides. If you have received an injury of this kind within the past three years, you may have reason to claim for industrial injury compensation.

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    Accident Advice Helpline

    Available 24/7 via a Freephone number on 0800 689 0500, Accident Advice Helpline can not only help you to establish whether a claim is justified, the company can also provide legal assistance to pursue a claim for compensation. Calls are confidential, and all claims are handled on a no-win, no-fee* basis, meaning legal fees will not become due until compensation has been paid.

    Date Published: January 3, 2014

    Author: David Brown

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.