Current through Register Vol. 54, No. 44, November 2, 2024
(a) At intervals of
3 years, a certified commercial or public applicator shall provide evidence of
having received current update training in technology relating to pesticides in
the specific categories in which the applicator is certified to maintain
certification. Training will be divided into core and category specific areas
as follows:
(1)
Core.
(i) Safety and health.
(ii) Labeling and label
comprehension.
(iii) Environmental
protection.
(iv) Equipment use,
calibration and dosage calculations.
(v) Protective clothing and respirator
equipment.
(vi) Cleaning and
maintaining equipment.
(vii)
Transportation, storage, security and disposal.
(viii) Applicable State and Federal
laws.
(2)
Category specific.
(i)
Identification of pests.
(ii)
Appropriate control measures.
(iii)
Integrated pest management.
(b) Recertification credits will be given on
the basis of attendance at courses or other appropriate training approved by
the Department. Training will be evaluated by the Department and assigned
credits. A person is required to meet the credit requirements in the
"Pennsylvania State Plan for Certification of Pesticide Applicators." This plan
has been filed with and approved by the EPA in accordance with FIFRA. Records
of training will be maintained by the Department and a yearly statement will be
sent to each certified commercial or public applicator describing credits
obtained and credits due to meet recertification standards.
(c) Training will be approved based on the
following criteria:
(1) Training shall be
conducted or sponsored by an educational institution, an individual, an
association, a business or a governmental agency.
(2) Training shall be approved for
recertification credits at the rate of 1 credit per 30 minutes of applicable
instruction, exclusive of coffee breaks, lunches, visits to exhibits, and the
like.
(3) Sponsors of
recertification training shall submit a written request for course approval to
the Department's regional office for the region in which the meeting will be
held. A request to approve out-of-State training shall be submitted to the
Department of Agriculture, Bureau of Plant Industry, Health and Safety
Division, 2301 North Cameron Street, Harrisburg, Pennsylvania 17110-9408. A
request shall be submitted at least 15 working days prior to the training
date.
(4) A request for training
approval must include the following information:
(i) The name, address and phone number of the
contact person who is coordinating the meeting.
(ii) The specific location of the
meeting.
(iii) The date and time of
the meeting.
(iv) A listing of the
trainers, subject matter and time allotted to each subject.
(v) The trainer has at least 3 years
experience as a certified applicator in the appropriate category or has
submitted documentation of other qualifications to serve as a trainer such as
educational background.
(vi) A
statement of whether the meeting is opened to the public and if there is a
charge to attend.
(5)
Statements made in a request to approve training shall be supported by oath or
affirmation or made subject to the penalties of
18 Pa.C.S. §
4904
(relating to unsworn falsification to authorities).
(6) Credits will be assigned to each training
meeting based upon the subjects covered and the amount of time expended on each
subject.
(7) If an employee of the
Department is unable to monitor the training, the meeting coordinator is
responsible for authenticating attendance and shall compile an approved list of
Pennsylvania certified applicators in attendance. The lists shall be returned
to the Department within 10-working days following the meeting date and shall
include the name of each individual attending and his applicator's certificate
number.
(8) Credits assigned may be
modified if either the content or time of the actual meeting differs from the
original written request for approval.
(9) Falsification by a pesticide business or
other course sponsor of information required under this subsection may result
in a warning, a fine, suspension and the withdrawal of course approvals as set
forth in this section.
(10) A
person may not falsify attendance or that of another person's attendance at a
recertification meeting. Falsification of attendance at a recertification
course by a person may result in a warning, a fine or suspension or revocation
of the applicator's certification and require recertification as required under
§
§
128.3 and
128.61 (relating to fees; and
determination of competence).
The provisions of this §128.45 amended under section
7(b)(2) of the Pennsylvania Pesticide Control Act of 1973 (3 P. S. §
111.27(b)(2)).
This section cited in 7 Pa. Code §
128.44 (relating to eligibility);
and 7 Pa. Code §
128.63 (relating to
recertification).
