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The material on this page is provided as general information.
For an accurate assessment of your situation, please review the
appropriate legislation or consult the appropriate agency (B.C. Ministry
of Environment or WorkSafe BC).
In British Columbia, two sets of
legislation apply to persons using pesticides.
The requirements are
slightly different depending on the location of application.
- For a workplace
- For a farm
- For the use of low
toxicity pesticides
For a
workplace
In a workplace registered with the Worker's Compensation
Board,
all employees must hold a certificate to handle, mix or spray
pesticides of moderate or high toxicity.
The situation is different when using pesticides of low toxicity and is explained
later in this text.
The Worker's Compensation Board issued the Occupational
Health & Safety Regulation in 1998. Regulation 6.77
states:
"The employer must ensure that a worker or applicator who mixes,
loads or applies a moderately or very toxic pesticide for use in a
workplace or who cleans or maintains equipment used in the operations
(a) is 16 years of age or over, and
(b) holds a valid applicator certificate issued pursuant to the Pesticide
Control Act and Regulation."
For more information about this regulation, or to order a copy, visit the
website of the Worker's Compensation Board
at
www.worksafebc.com/
and follow the links to "OHS Regulation", then "6.70
Pesticides".
For a farm
On farms registered with the Worker's Compensation Board,
all employees must hold a certificate to handle, mix or spray pesticides of
moderate or high toxicity.
The situation is different for employees handling pesticides of low
toxicity or for farms not registered with the Worker's Compensation
Board. Those situations are explained later in this text.
In 1993, the Worker's Compensation Board issued the Regulations for
Agricultural Operations. Regulation 26 states:
"The employer shall ensure that workers who mix, load or apply
moderately or very toxic pesticides for use in fields or who clean or
maintain equipment used in these operations
(a) are over the age of 16, and
(b) hold, after March 31, 1994, a valid applicator certificate issued
pursuant to the British Columbia Pesticide Control Act and the
Pesticide Control Act Regulation."
For more information about this regulation, or to order a copy, visit the
website of WorkSafe BC
(Worker's Compensation Board) at
www.worksafebc.com/
and follow the links to the publications.
For
the use of low toxicity pesticides
For situations not covered by the Worker's Compensation Board, the use of
pesticides should be in accordance with the Integrated Pest Management
Act and Regulation, under the authority of the B.C. Ministry of
Environment.
The following are examples of situations where the Integrated Pest Management
Regulation comes into effect:
- Farms not covered by the Worker's Compensation Board
- Worksites covered by the Worker's Compensation Board, but the employees
are handling low toxicity pesticides
- Private properties and the use of pesticides on private land.
In general, the provincial legislation stipulates the following:
- An applicator certificate is required to purchase and use restricted
pesticides (usually the more toxic pesticides);
- An applicator certificate is required to use pesticides on public land,
or for a fee-for-service basis
(such as with landscape maintenance
companies applying pesticides on private properties);
- A certified applicator can supervise up to 4 uncertified assistants.
The Integrated Pest Management Regulation (B.C. Reg. 604/2004),
consolidated December 31, 2004) states in Section 11:
"A service licensee shall ensure that every service that he sells or
provides is performed or supervised by an applicator who
(a) is in continuous attendance at the service,
(b) has available with him proof of his certificate in an appropriate
category,
(c) supervises no more than 4 uncertified assistants at one time, and
(d) maintains continuous contact, auditory or visual, or a combination of
both, with the uncertified assistants."
The Integrated Pest Management Regulation states in Section 46:
(1) "...a licensee providing a
service using a class of pesticides prescribed in section 15 [pesticides
prescribed in relation to certified individual] must ensure are performed by
a certified individual are the following:
(a) be present when the service is
provided;
(b) either
(i) perform the use, or
(ii) supervise not more than 4
uncertified individuals who perform the use.
(2) For the purposes of subsection
(1) (b) (ii), the certified individual must not be more than 500 m from and
must maintain continuous visual or auditory contact with each individual
being supervised.
For more information about this regulation, or to order a copy, visit the
website of the B.C. Ministry of Environment
at
http://www.env.gov.bc.ca/epd/ipmp/
and follow
the link to
http://www.env.gov.bc.ca/epd/ipmp/regs/ipmreg.htm.
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