Posted By Merv Newman Interesting that. If you have a city and guilds or are training for it and are under the supervision of a competent person than you are competent for certain work. But that's just for handling rat poison.(methyl bromide) Also interesting : An "authorised person" may (on entering premises)is authorised "to require any person whom he reasonably believes can give any information relevant to any examination or investigation under sub-paragraph (c) to answer (in the absence of anyone, other than someone nominated by that person to be present and anyone whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask and to sign a declaration of the truth of his answers;" note : "anyone whom the authorised person may allow to be present" So much for having your solicitor present. Later paragraphe on coporate responsibility also indicates that officers of the company may also be subject to penalties I do like a good read on a quiet day (and the olympics have bee pretty good too) Merv

Posted By Robert K Lewis Merv These are fundamentally the Section 20 powers of HASAWA and I doubt the EA Inspectors will find a way to exclude solicitors. I agree with Jonathan that the scope of these regs is limited to what is essentially an extension of the competency requirements under the Control of Pesticides Regulations, which are also DEFRA enforced in spite of the H&S issues involved. Environmental based law does provide some points that the HSE must envy at times such as strict liability for any breach. If it happened the occupier is responsible! unless they can demonstrate the responsibility of A.N.Other. Bob