December 2008 Amendments to the Certification Regulation
On December 1, 2008,
changes to some regulations governing the application of pesticides went into
affect. The changes are outlined below,
with notes on enforcement expectations, and steps that PMPs should begin taking
immediately to be in compliance.
Additional Documented
Training for Registered Technicians Working in New Categories or Sub-Categories
What is it? For 2 VAC
20-51-50 B. The following language was added:
Before registered technicians begin working in any application category or
subcategory that is different from the category in which they received their
original training, they shall receive additional training from a commercial
applicator in the following aspects of pesticide application as it relates to
the proposed category or subcategory of work:
1. Pesticides to be
used, including reading and understanding the label;
2. Application
equipment and techniques;
3. Pests to be
controlled;
4. Personal protective
equipment and clothing; and
5. Environmental
concerns, including storage and disposal of pesticides applied.
The commercial
applicator providing training to a registered technician shall be certified in
the category or subcategory for which he is providing the training and shall
provide proof to the department of such training on forms provided by the
department. Such forms must be received by the department within 10 calendar
days of the completion of such training.
PMP Action Steps: PMPs who are training registered
technicians to take on work in new application categories or subcategories need
to begin to document the additional training, and submit the required form to
OPS.
Enforcement: OPS will
be using a variety of means to get the required forms out to clients. You may
access the form by clicking here. Enforcement will begin after July 1, 2009. We expect this to be a
relatively rare situation.
Direct On-site Supervision of an Uncertified Trainee
What is it? For 2 VAC
20-51-10, Definitions, the definition of "under the direct on-site supervision
of" has added language that specifies that the supervising commercial
applicator be in constant visual contact with the uncertified trainee.
PMP Action Steps: In other words, if you are the commercial
applicator supervising a trainee who has not yet passed the Registered
Technician exam, you should be present and watching him (or her) throughout any
pesticide applications.
Enforcement: Since
this has always been the intent of the "direct on-site supervision" and it has
generally been enforced in this manner, this is effective December 1, 2008.
Commercial Applicators Should Be Working Only in their Categories
What is it? For 2 VAC
20-51-20 F. Additional language has been added: "Commercial applicators may not
apply pesticides in any category or subcategory activity until they have passed
the category-specific examination and obtained the appropriate certification."
PMP Action Steps: Check
your certification categories (and those of other commercial applicators on
your staff) and compare them to the kinds of pesticide applications you are
performing or supervising. Stay within your categories, or study and apply to
take exams in additional categories if they are needed.
Enforcement: Again, this language was added to state
specifically what had always been understood about applicators working within a
category. For this reason, this is effective December 1, 2008.
New Timelines for Registered Technician Trainees
What is it? For 2 VAC
20-51-50 A. Certification procedures for registered technicians, the following
is the new wording: Take the examination
within 90 days after an individual is hired or transferred into a position
where duties and functions involve the commercial use of pesticides.
Individuals not passing the examination on the first attempt must reapply,
following the procedures outlined in 2VAC20-51-20 D 3, and retake the
examination within 30 days after the first attempt. Individuals failing to take and pass the exam
within 30 days of the initial exam may not apply pesticides commercially, even
under direct on-site supervision, until they pass the examination.
PMP Action Steps: We
expect pesticide businesses and organizations to be in compliance with this
provision by March 1, 2009, 90 days following the effective date. If you have current employees who have been
in training, they must take steps now to become certified: document their
training, make application to take the registered technician exam, and take the
exam. All new hires must follow the same
steps and complete them within 90 days.
Enforcement: The
Office of Pesticide Services will use enforcement discretion, if, for example,
due to weather or growing seasons the opportunity to provide the required 20
hours hands-on training does not occur until several months after hire, the
"clock" can start when the initial training would be feasible. This new
requirement is intended to avoid applicators being "perpetual trainees" who
never attempt to take the certification exam.
Required
Recordkeeping for All Commercial Applicators and Registered Technicians
What is it? 2 VAC 20-51-210 was amended to require that
commercial applicators not-for-hire and registered technicians not-for-hire
keep records of all pesticide applications, with the same data elements as in
the business license regulation.
PMP Action Steps: Since
VPMA members should already be covered by the requirements for recordkeeping for
all licensed pesticides businesses (2 VAC 20-40-65, effective October 5, 2006), this should not
change their practices.
Enforcement: If there
are members who make applications in a not-for-hire capacity, or as government
employees, then the new requirements would apply to them, and they should
contact OPS for more information.
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