EAST SUSSEX MAN BREACHED PESTICIDE LAWS

HSE press release E074:03 - 7 May 2003

An East Sussex man was fined a total of £5,000 at Hastings Magistrates' Court for breaching health and safety legislation after a pesticide incident.

Mr Thomas Keightley of Lansdowne Way, Hailsham, East Sussex, was fined £2,000 for breaching Section 16(12)(ii) of the Food and Environment Protection Act (FEPA) 1985, in that he failed to use the pesticide Talunex, containing alumimium phosphide, in accordance with the conditions of approval relating to its use.

He was also fined £3,000 for breaching Section 7 of the Health and Safety at Work, etc., Act 1974 (HSWA) in that he failed to take reasonable care for the health and safety of himself and of other people who may be affected by his actions or omissions at work. Mr Keightley was also ordered to pay £2040.75 costs.

The Health and Safety Executive (HSE) prosecution under FEPA stems from Mr Keightley, as an employee of a pest control company on the 10 September 2001, applied aluminium phosphide pellets in a private householders back yard to control moles within three metres of the dwelling, contrary to the approval for use of the substance.

The case under Section 7 of HSWA was brought because having applied the substance, Mr Keightley left the remaining pellets with the householder with no instructions on its safe storage and use. It is a statutory condition of use that aluminium phosphide is used only by an instructed or trained operator.

Mr Keightley pleaded guilty to the charges at the court on 28 April 2003.

After the hearing, HSE investigating inspector, Gerry Seale. said "The magistrates appeared to have noted the very hazardous properties of the substance which is reflected in the severity of the penalties.

"It is paramount that pesticides approved for use only by professional operators are applied in accordance with the conditions of use and also with consideration toward the health and safety of other people. Such products must not be allowed to fall into the hands of members of the public or untrained persons."

Notes to editors

1. Section 7 of the Health and Safety at Work, etc., Act 1974 states that "It shall be the duty of every employee while at work (A) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and (B) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with."

2. Section 16(12)(ii) of the Food and Environment Protection Act 1985 states that "A person who, without reasonable excuse, contravenes or causes or permits any other person to contravene, any condition of approval of a pesticide shall be guilty of an offence."

Press enquiries

All enquiries from journalists should be directed to the HSE Press Office