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Day care centers and apps.

Discussion in 'Pesticide & Herbicide Application' started by White Gardens, Feb 26, 2011.

  1. White Gardens

    White Gardens LawnSite Fanatic
    Posts: 6,783

    Putting together some estimates for a couple of potential clients.

    One client has a day-care center and a section of grass is located inside a fenced in area where the kids play.

    The request is to treat these areas just like the rest of the property, but I have some trepidations about this because of the following reasons.

    Toxicity- I don't want the children to play in those areas after treatment. I can time it out accordingly in order to apply on a Fri, or Sat to give the optimal time before re-entry.

    Phosphate allergies- I know it's rare, but the last thing I want is an adverse reaction from a child that might have this allergy. A phosphorus free fert in those areas might be in order.

    Now I know that the rule with lawn applications is that there should be no re-entry until the area has dried, but, ag regulations for the same chemicals is no re-entry for one week unless PPEs are used.

    Any thoughts or opinions on this subject?

    Thanks.
     
  2. Ric

    Ric LawnSite Fanatic
    Posts: 11,946

    White

    IMHO Don't walk, RUN the other direction. No matter what you use, you are asking for a Law Suit of some kind. Little Suzi come up with an allergy of any kind and it is your fault.
     
  3. White Gardens

    White Gardens LawnSite Fanatic
    Posts: 6,783

    Even if I do take on something like this, there is definitively going to be a legal disclaimer not holding me liable for anything of the nature, if I follow the guidelines out-lined by the owner.

    Any more opinions? And thanks RIC.
     
  4. Ric

    Ric LawnSite Fanatic
    Posts: 11,946

    White

    I suggest you check with an attorney about the Legality of a Hold Harmless Disclaimer. I believe he will tell you BUY LOTS OF INSURANCE.
     
  5. White Gardens

    White Gardens LawnSite Fanatic
    Posts: 6,783

    Agreed, I would definitively get professional legal advice on this one.
     
  6. grassmasterswilson

    grassmasterswilson LawnSite Platinum Member
    from nc
    Posts: 4,468

    I would agree about not doing this job. Even if it was legal you would need to treat after hours. Plus it would only take one parent to say something or complain! Then you get all the blame whether you are in the right or not!
     
  7. turf hokie

    turf hokie LawnSite Silver Member
    Posts: 2,743

    We have done them in the past, always treated on a Friday after the school closed,

    BUT We rarely treated the areas inside the fence where the playground equipment was due to my fear being the same as yours.

    We also went overboard on the state required notifications, this was more to find out who was concerned about the applications prior to them and not after them. If we got so much as 1 grumble about the app, I would walk away. We took care of a large office comples with multiple buildings, one of which held a daycare, we had 1 parent throw a fit about what we were doing, guess what building never got treated when we did our services on that site...

    Now NY has alleviated that fear and only allows us to use exempt materials, such as corn gluten etc. so we either employ and organic program or do nothing at all...
     
  8. Think Green

    Think Green LawnSite Silver Member
    Posts: 2,746

    White Gardens,
    I highly agree with Ric and others on the fact that it doesn't matter if you have a disclaimer signed from the Speaker of the House...........you apply it--you are responsible.
    Look at the Lawsuit facing--Sketcher shoes and their curved fitness breakthrough exercise shoe.
    All schools and centers here are maintained by a local competitor that I know really well. He only mows the common grounds and surrounding grasses. The surrounding grasses are treated but not the play grounds. The problems lie in the winter weeds that cause allergy problems and skin irritations. So, I would tell the center that the treatment for control of these weeds is more risky for other problems.
    My youngest comes home every day from school with grass embedded in her hair. She often plays and does accidental face plants from the swings. So, you are better off running the other direction from this account. You be the judge and speak to your attorney....!!

    Good Luck!
     
  9. RigglePLC

    RigglePLC LawnSite Fanatic
    Posts: 11,768

    In Michigan for day care we have a parental notification law. Letter in writing in advance of treatments etc. Liability is high risk. At a minimum you would want to treat after 5 on Friday and over a long weekend. And get plenty of sprinkling down to water it in. This is a good site for "reduced risk" herbicides. Like Dupont Imprelis. So non-toxic they could not kill a laboratory rat. About a hundred times safer than Weed B Gone.
    Quicksilver is also very low toxicity. Octane likewise. Very low rate per acre also. Use about 6 drops per gallon.
    And you can reduce the risk further if you only spot spray--which uses about a hundred times less product per acre. A dog could eat a whole acre of grass and still not be in any danger--except from eating too much grass.
    If they want to pay a little extra for organic fert--offer to do it. It might distract the customers the from weed control. And use the small hand sprayer or squirt bottle for weeds--it looks less intimidating, less industrial.
    And don't be afraid to hand pull weeds--its not that difficult--charge by the hour--a dollar per minute or whatever your usual charge comes to.
    And be sure you lease your truck, equip and rent your house. You won't be sued (beyond your insurance) if you don't have anything they can take. My suggestions, only.
     
  10. White Gardens

    White Gardens LawnSite Fanatic
    Posts: 6,783


    Thanks Riggles! Good post. The place is irrigated also, so watering in won't be an issue.

    Hand pulling isn't a big issue to me, and the area of grass inside the childrens' play area is about 5% of the total property, so spot spraying is also a good option.

    I have my doubts and trepidations, and wish I could go into more details about the whole scope. If it wasn't for the whole scope, I would have said no off the bat and not even entertained the idea.
     

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