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Posted By Nicky
A gamekeeper has told me that he does not require training in certain areas because he has "Grandfather Rights", can anyone tell me to what this applies? - He has said it applies to using cyanide etc.for gassing rabbits. and some pesticide use. I could do with clarification of this.
Nicky
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Posted By Jonathan Sandler
Nicky,
Whether or not the person claims that they have "grandfather rights" or not, the person is still working with high risk chemicals and other high risk work equipment.
As any employer you could ask the person to demonstrate their compentancy in all work areas, and further this could be used as means of identifing further risks that the person and the employer might not be aware of.
Ask yourself this question, what do other big estates, local authorities, do with regards to this matter?
HSE guidance can be given on the following phone number 08701 545500.
Regards.
Jonathan
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Posted By Nick Higginson
Nicky,
I think you did well to keep a straight face. I would think that just about every piece of health and safety law there is would be broken by taking this chaps advice, as well as being an awful economic decision.
Grandfather rights date back many years, and I believe they have no place in the 21st century. It would be a brave man who offered this as a defence in a court of law. Please note that this is just a personal opinion.
Regards,
Nick
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Posted By peter gotch
Nicky,
If your gamekeeper was born before 1965 and only uses pesticides on their own premises or those of their employer, they do not require a certificate of competency.
See Food and Environmental Protection Act 1985 and Control of Pesticides Regulations 1986 and associated guidance etc.
Peter
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Posted By Ken Taylor
Whilst the gamekeper in question will probably be exempt from certification in the use of pesticides, if he is an employee, there will remain a duty upon the employer to see that he is competent. Similarly, if he is a contractor an employer engaging him would need to do what is reasonable to ensure that they have engaged a safe contractor. In the event of the inadvertent gassing of higher vertebrates and the like you may well need to have a good answer ready for the enforcing authorities.
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Posted By Nicky
Thank you all, particularly Peter, I had never heard of Granfather Rights before and wanted the source documentation. (Though I am well within the age bracket!)
Best wishes,
Nicky
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