Compilation of Rules and Regulations of the State of Georgia
Department 620 - RULES OF GEORGIA STRUCTURAL PEST CONTROL COMMISSION
Chapter 620-3 - LICENSING
Rule 620-3-.02 - Responsibilities of the Licensee; Certified Operator; and Employee
Universal Citation: GA Rules and Regs r 620-3-.02
Current through Rules and Regulations filed through March 20, 2024
(1) Each licensee shall designate a Certified Operator for each operational category, who may be the same person if certified in multiple categories, who shall be an employee of the licensee and be in charge of and actively participate in providing adequate personal supervision in the pest control operations of each office and any sub-offices with a duplicate license but are not limited to proper training of employees, review of paperwork for the operation for accuracy including but not limited to The Official Waiver of the Minimum Treatment Standards for the Control of Subterranean Termites and Official Georgia Wood Infestation Inspection Reports, reviewing proper pesticide application volumes, and ensuring the proper use, storage and disposal of pesticides, subject to the following:
(a) The licensee shall be
responsible for the actions of its Designated Certified Operator. No Certified
Operator may serve as Designated Certified Operator for more than one licensee
except as provided in Rule
620-3-.02(1)(b) below.
(b) No pesticide application
may be made by a licensee without a Designated Certified Operator. If a
licensee loses a Designated Certified Operator through an unplanned separation
or event of crisis, other than the intentional or forced transfer of a
Designated Certified Operator from one licensee or office to another, the
licensee shall notify the Commission immediately. A licensee who has lost his
Designated Certified Operator may obtain the services of a Certified Operator
who is in the employment of another licensee, and who may serve as the
Designated Certified Operator for both licensees for not more than ninety (90)
days. The licensee shall notify the Commission immediately of the dual service
of such Designated Certified Operator.
(c) If the residence of the Designated
Certified Operator is not within normal commuting distance or is more than 100
miles from the office or sub-office he is supervising, or if the Designated
Certified Operator is employed in more than one (1) occupation, the Commission
may require such Designated Certified Operator to appear in person or furnish
information in writing to show that he or she is personally directing,
supervising and controlling the pest control activities of the
licensee.
(d) The Licensee shall
permanently mark all the Licensee's vehicles and mobile equipment used
regularly for sales and service, in bold-print letters not less than two (2)
inches in height and on contrasting background, with the following information:
1. The name of the Licensee
The Licensee shall insure that all privately owned vehicles and mobile equipment, during use for sales and service on behalf of the Licensee, are identified by the same information as required for the Licensee's vehicles by permanent markings firmly attached to the outside or prominently displayed inside the privately owned vehicle.
(e) The Licensee shall be responsible for
registering all non-certified employees involved in the solicitation or
performance of pest control work with the Secretary. No employee shall be
allowed to solicit any business or perform any pest control work except in the
presence of a certified operator or another registered employee until such
employee has satisfied all requirements for employee registration or
reregistration as set forth below:
1. Ten (10)
hours of classroom training approved by the Commission and presented by a
currently certified operator or other person whom the Commission has determined
to be competent to deliver training in the following areas:
(i) State and Federal laws and
regulations.
(ii) How to read and
interpret a pesticide label.
(iii)
Handling of emergencies and spills, including signs and symptoms of common
types of pesticide poisoning, emergency practical treatment for pesticide
exposure, how to obtain emergency medical care and decontamination
procedures.
(iv) Proper methods of
storing, mixing, loading, transporting, handling, applying and disposing of
pesticides.
(v) Safety and health
issues including proper use of personal protective equipment, hazards posed by
the toxicity and exposure of pesticides, including acute and delayed reactions
and routes of exposure.
(vi)
Potential adverse effects caused by various climatic or environmental
conditions such as drift, run off, and groundwater contamination.
2. Seventy (70) hours of on-the
job experience under the constant personal supervision of a currently certified
operator or a currently registered employee in the category(ies) in which
registration is sought, or another person whom the Commission has approved as
competent to supervise such experience.
3. Documentation of applicant's training and
on-the job experience by category. Such documentation shall be on a form
prescribed by the Commission and such form shall be executed by the certified
operators, registered employees or other persons providing such training and
experience.
4. A score of at least
seventy (70) percent on a written examination covering the classroom training.
Examinations will be administered by the Commission or their authorized
representatives. Any applicant who fails the written examination the first time
may retake the examination at any subsequent testing session. Any applicant who
fails the third or any subsequent examination must repeat the classroom
training, but shall not be required to repeat the on the job experience before
retaking the written examination. An examination fee of forty five (45) dollars
shall be required of the Licensee each time an employee takes the written
examination.
5. Payment by the
Licensee of a registration fee of ten (10) dollars to the Secretary within
ninety (90) days of notification of passing the examination(s), otherwise
reexamination will be required.
6.
Issuance of an employee registration card by the Secretary. While waiting for
the issuance of the registration card, an applicant may act as a registered
employee for a period not to exceed 15 business days after notification of a
passing grade and after payment of the registration fee by the Licensee until
the registration card is received. In the event that a registration card is
lost, a duplicate card may be issued by the Secretary for a ten (10) dollar
fee.
7. Issuance of a new card by
the Secretary for an employee who is employed by a new firm but who has
previously satisfied the classroom training, on the job experience and other
requirements for initial registration and is currently registered as an
employee with another licensee. Fee for issuance of such a registration card
will be ten (10) dollars.
8. All
employee registrations shall expire on June 30 of each odd numbered year unless
the registered employee has earned the hours of recertification training per
category approved by the Commission prior to March 1 of each odd numbered year.
The registration of any employee who becomes registered after October 1 of any
even numbered year shall be eligible for renewal for the succeeding two year
period without earning the required recertification hours. The Licensee shall
pay the renewal fee of ten (10) dollars to the Secretary by June 30 for any
employee who has earned the hours of approved training required, or who is
otherwise eligible for renewal. Any renewal fee paid July 1 through September
30 shall be twenty (20) dollars. Any employee who fails to renew registration
before October 1 must complete all requirements for initial registration before
being registered again. The hours of Commission approved training required for
reregistration for each two year period shall be:
Household Pest Control 8 hours
Wood Destroying Organisms 8 hours
Fumigation 3 hours
Computer based training shall be limited to no more than 4 hours for Household Pest Control, 4 hours for Wood Destroying Organisms, and 1 hour for Fumigation.
9. The
Licensee shall notify the Secretary of employees involved in the solicitation
or performance of pest control work who fail to become registered within 30
days of employment.
(f)
Upon completion of every application of pesticide for structural pest control
and upon the installation or modification thereof of any termite control system
protecting a structure, the Licensee shall be responsible for providing to the
owner, resident, or custodian of the property, a legible pesticide use record.
The Licensee shall keep true and accurate records of all pesticide use. Such
records shall be retained for a minimum period of two (2) years, shall be made
available to the Commissioner or his authorized representative upon request in
a reasonable amount of time, as defined in rule
620-2-.01(aa), and
shall include all of the following information:
1. Customer name
2. Address of property treated
3. Name and telephone number of
company
4. Name of applicator and
registration or certification number
5. Specific area(s) treated
6. Brand name of pesticide product or system
applied/installed
(i) EPA Registration number
of the pesticide product or system applied/installed
(ii) Amount of pesticide or other material
applied
(iii) Concentration of
pesticide or other material applied
(iv) Method of application of the pesticide
product or system applied/installed
7. Target pest(s) for which product was
applied
8. Application
date
9. Any post-application
precautions which must be followed
10. Application start and completion times
noting AM or PM for non-residential applications such as institutions, schools
and non-residential commercial facilities.
(g) The Licensee shall provide a written
and/or an electronic pesticide use record to the resident or custodian of the
property. If an electronic record is provided, the property owner or custodian
of the property must complete the electronic communication acknowledgement
form. The form must be maintained either for as long as the contract remains in
effect or for two (2) years past the expiration of the contract.
(h) The Licensee shall notify the Secretary
in writing, within ten (10) days of any change of address or the opening or
closing of any office.
(i) All
licensees and certified operators shall furnish, to the Commission or the
Commissioner upon request in a reasonable amount of time, any information
relating to application for examination, affidavits for renewal, information on
methods or materials used and such other information as may be required by the
Commission or Commissioner.
(j) All
certified operators shall be responsible for giving appropriate written or oral
instructions to all persons working under their direct supervision relating to
selection and use of appropriate pesticides, including proper formulation,
dilution, dosages, and use precautions. Every employee shall take all
reasonable measures to insure that pesticides are applied in such a manner to
avoid accidental injury or poisoning of humans and domestic animals, including,
but not limited to, the removal and proper disposal of any spilled pesticide,
and the proper disposal of unused pesticides and pesticide containers. All
service vehicles shall contain a spill control kit that shall include an
adequate amount of absorptive material to absorb the largest potential spill
that is likely to occur from the use of that vehicle.
(k) No uncertified person may lawfully apply,
under any circumstances, any restricted use pesticide or any State restricted
pesticide use unless a certified operator is present at the application site at
time of application. The certified operator must also hold a certification in
the appropriate operational category.
(l) All applications of pesticides other than
pesticide products which are applied in enclosed stations in compliance with
registered product label and labeling directions, by a Licensee to outdoor
areas when associated with inside structural applications and extending more
than ten (10) feet from the structure shall be subject to the following
requirements:
1. At the time of application,
the Licensee shall be responsible for posting a sign at the primary point(s) of
entry to the treated area(s).
2.
Sign specifications shall include:
(i) The
sign shall be at least 4" x 5" in size and made of sturdy, weather resistant
material.
(ii) The printing shall
be in contrasting colors to the background of the sign.
(iii) The bottom edge of the sign shall be
eight (8) to twelve (12) inches above the ground.
(iv) The wording and format must include but
need not be limited to the following:
"CAUTION" 72 point
11/16"
"PESTICIDE APPLICATION" and "KEEP OFF"
30 point
9/32"
SYMBOL 2"
"THIS SIGN..." 11 point
3/32"
(m) Use and labeling of service containers
for transportation or temporary storage of pesticides: the contents of service
container is required to be identified by including the brand name and EPA
registration number of the product on the service container. The label of a
pesticide product that is in a service container must be available to the
person handling and/or applying the pesticide.
O.C.G.A. § 43-45-8.
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