Spraying of Herbicides

If your school undertakes soft landscape activity either by appointing a contractor or managing vegetation in house you need to follow up on the following legal requirements. 

Your attention is drawn to the approval, use, storage and waste disposal of pesticide products. It is a criminal offence to spray without the appropriate certificates of competence.

Whilst it is within the law to purchase pesticide from a local garden centre and to use it on your own property, if you were to subsequently apply the product onto someone else's property whether or not for reward the work comes under the legislation.

Summary of Legal Requirements:

• Herbicides must only be used after a risk assessment has been completed.
• COSHH sheets must be created for all products used
• Any product used as a pesticide must have government approval
• The person who recommends which product is to be used must be qualified to do so.
• No one can use an approved pesticide unless that person has obtained a recognised Certificate of
• Competence, and going forwards will have to prove they have kept their knowledge up to date
• Appropriate PPE must be used
• Products must be stored appropriately
• All empties and waste created as a result of the use of pesticides must be disposed of as contaminated waste
• Application Records must be kept for 7 years

Other Considerations:

• Just because it was legal to use a product last year doesn't mean it's legal now. The Pesticides Safety Directorate is continually reviewing the approval process and many previously approved products have been banned. Particular care must be taken to ensure that the product does not enter any water courses.
• Attached is a letter that was sent to all Local Authority Chief Executives by the Health & Safety Executive (PDF, 85.9 KB).

Contact details:

• Skanska, email westkenthelpddesk@skanska.co.uk or Tel: 0800 9012464
• Amey, email midkenthelpdesk@amey.co.uk or Tel: 01622 624003
• Kier, email eastkent.helpdesk@kier.co.uk or Tel: 03303 321705