§ 128.45. Recertification.

 (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).

Authority

   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)).

Source

   The provisions of this §  128.45 amended December 22, 1995, effective December 23, 1995, 25 Pa.B. 5945; amended December 10, 2010, effective December 11, 2010, 40 Pa.B. 7044. Immediately preceding text appears at serial pages (206533) to (206534) and (305261).

Cross References

   This section cited in 7 Pa. Code §  128.44 (relating to eligibility); and 7 Pa. Code §  128.63 (relating to recertification).



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