Pesticides on Farms and Holdings: Code of Practice for the safe use of: Amendment

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A decision made on 30 October 2019

Decision Reference: MD-S-2019-0089
Decision Summary Title :	Code of Practice for the Safe Use of Pesticides on Farms and Holdings		Date of Decision Summary:	28 October 2019
Decision Summary Author:	Director of Health and Safety		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Report on the withdrawal of approval of the relevant paragraphs of the ‘Code of Practice for the Safe Use of Pesticides on Farms and Holdings’ granted under Article 10 of the Health and Safety at Work (Jersey) Law 1989		Date of Written Report:	28 October 2019
Written Report Author:	Director of Health and Safety		Written Report : Public or Exempt?	Public
Subject: Code of Practice for the Safe Use of Pesticides on Farms and Holdings
Decision(s): In accordance with Article 10 of the Health and Safety at Work (Jersey) Law, 1989, the Minister agreed to withdraw approval for the relevant paragraphs of the Code of Practice for the Safe Use of Pesticides on Farms and Holdings, with effect from 1 December 2019.
Reason(s) for Decision: The decision by the Minister to withdraw approval for the relevant paragraphs of the ‘Code of Practice for the Safe Use of Pesticides on Farms and Holdings’, approved under the Health and Safety at Work (Jersey) Law 1989 on 4 December 1991, as they are outdated and no longer fit for purpose
Resource Implications: There are no implications for the financial or manpower resources of the States
Action required: In accordance with Article 10 of the Health and Safety at Work (Jersey) Law, 1989, the Director of Health and Safety to arrange for publication of the decision to withdraw approval for the relevant paragraphs of the Code of Practice, effective from 1 December 2019, in the Jersey Gazette.
Signature:		Position: MINISTER
Date Signed:		Date of Decision (If different from Date Signed):

Pesticides on Farms and Holdings: Code of Practise for the safe use of: Amendment

REPORT ON THE PROPOSED WITHDRAWL OF APPROVAL OF THE RELEVANT PARAGRAPHS OF THE ‘CODE OF PRACTICE for the Safe Use of Pesticides on Farms and Holdings’ UNDER THE Health and Safety at Work (Jersey) Law 1989

sUMMARY

the ‘Code of Practice for the Safe Use of Pesticides on Farms and Holdings’ (Pesticides CoP) was prepared and published in 1991 by the Department of Agriculture and Fisheries, under Article 7 of the Pesticides (Jersey) Law 1991. Its purpose was to provide practical guidance to farmers and growers engaged in commercial crop production in the Island.

A number of paragraphs of the Pesticides CoP were formally approved by the Social Security Committee under Article 10 of the Health and Safety at Work (Jersey) Law 1989 to the extent that they related to the health and safety of persons at work, or persons who may be affected by the activities of persons at work.

The relevant paragraphs, as specified in the Notice of approval under the Health and Safety at Work (Jersey) Law 1989 (page 4 of the CoP), are now obsolete for the purposes of illustrating current day standards of best practice in controlling the risks to health and safety. The approval provided to the relevant paragraphs is therefore being withdrawn in accordance with Article 10(4) of the Health and Safety at Work (Jersey) Law 1989.

It is considered that the general duties under Part 2 of the HSW Law provide effective legal controls for the safety of persons who may be affected by working activities involving the use of pesticides, and which fall within the scope of the HSW Law. When considering the minimum standards of good practice, and those required to meet the general obligations imposed by Part 2 of the HSW Law, reference would be made to the relevant guidance issued by the UK Health and Safety Executive.

PROCESS FOR THE REVOCATION OF AN ACoP

Article 10(4) of the HSW Law allows for the Minister for Social Security to withdraw, at any time, his or her approval from any Code of Practice approved under Article 10. When doing so, a notice must be published in the Jersey Gazette stating the date on which the approval is to cease to have effect.

RECOMMENDATION

It is recommended that the Minister withdraw approval for the relevant paragraphs of the ‘Code of Practice for the Safe Use of Pesticides on Farms and Holdings’, with effect from 1 December 2019.

Director of Health and Safety

28 October 2019