4 Tex. Admin. Code § 7.205 - Incidental Use for Schools
(a) The Incidental
Use For Schools Fact Sheet must contain the following text: "This fact sheet
must be distributed to all employees of school districts who apply general use
Green Category pesticides (or Yellow Category pesticides specific to ant, bee
and wasp applications) and are not licensed by the Texas Department of
Agriculture. The fact sheet, instruction and training must be provided upon
initial employment by the school district's IPM Coordinator, and thereafter
must be available as needed. These general use Green Category pesticides
include insecticides only and involve applications made both inside and outside
of structures. Incidental Use is not intended for long term or extensive pest
control measures, rather emergency situations where safety of students or
workers is at risk and there is insufficient time to contact a licensed
applicator. Where long term pest control is required, a trained, licensed
person is to make the applications. Examples of Incidental Use situations are
treating fire ants in a transformer box or treatments for bees or wasps as a
non-routine application to protect children or personnel. Incidental Use is
defined as site-specific and incidental to the employee's primary duties. If it
is part of the employee's primary duty to make applications of pesticides, that
employee is required by law to obtain a Texas Department of Agriculture
license, depending on the location and type of application. In all cases of
incidental use, the employee should use the least hazardous, effective method
of controlling pests. All applications to schools or school grounds must be in
compliance with school district IPM policies. If chemicals are utilized, they
must be applied in strict accordance with manufacturer labels of products being
used. Applications made inconsistent with the Department's law and regulations,
or applications made inconsistent with the label requirements of the product
may result in an enforcement action being taken against the individual and/or
the certified applicator or technician responsible. Incidental pesticide use in
schools is regulated by the Texas Department of Agriculture. If you have any
questions or comments, contact the Texas Department of Agriculture, phone
number 1-866-918-4481 or P.O. Box 12847, Austin, Texas 78711-2847."
(b) The Incidental Use For Schools Fact Sheet
must be provided during pesticide instruction and training by the IPM
Coordinator to each employee of the school district whose primary duty is not
pest control, and whose work may include tasks subject to the exception. The
IPM Coordinator must keep records of all the training conducted
annually.
(c) Primary duty is
defined as a job duty that is part of a written job description or is a
regularly assigned task of the employee.
(d) Pest control use records for all
incidental pesticide use application, including the reason for application and
justification for emergency, must be maintained by the IPM Coordinator for a
period of two (2) years.
(e)
Incidental pesticide use in school districts is limited to insecticides that
are Green and Yellow Category pesticides.
Notes
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No prior version found.