Ga. Comp. R. & Regs. R. 620-3-.02 - Responsibilities of the Licensee; Certified Operator; and Employee

Current through Rules and Regulations filed through April 4, 2022

(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:

Click here to view

"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.

Notes

Ga. Comp. R. & Regs. R. 620-3-.02
O.C.G.A. ยง 43-45-8.
Original Rule entitled "Responsibilities" adopted. F. and eff. June 30, 1965. Repealed: New Rule entitled "Responsibilities of Licensee, Certified Operator, or Registered Employee" adopted. F. Oct. 25, 1966; eff. Nov. 13, 1966. Amended: F. Feb. 5, 1969; eff. Feb. 24, 1969. Amended: F. Oct. 23, 1969; eff. Nov. 11, 1969. Amended: F. Jan. 23, 1979; eff. Feb. 12, 1979. Repealed: New Rule entitled "Responsibilities of the Licensee; Certified Operator; and Employee" adopted. F. Feb. 14, 1985; eff. Mar. 6, 1985. Amended: F. June 14, 1991; eff. July 4, 1991. Amended: F. Dec. 22, 1992; eff. July 1, 1993, as specified by the Agency. Amended: F. Sept. 14, 1995; eff. Oct. 4, 1995. Repealed: New Rule of same title adopted. F. June 4, 1997; eff. July 1, 1997, as specified by the Agency. Amended: F. Oct. 3, 2000; eff. Nov. 1, 2000, as specified by the Agency. Amended: F. Jan. 6, 2003; eff. Feb. 1, 2003, as specified by the Agency. Amended: F. Aug. 26, 2005; eff. Sept. 16, 2005, as specified by the Agency. Repealed: New Rule of same title adopted. F. Feb. 27, 2007; eff. Mar. 19, 2007. Amended: F. Mar. 11, 2014; eff. Mar. 31, 2014. Amended: F. Aug 11, 2017; eff. September 1, 2017, as specified by the Agency.

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