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

Current through Rules and Regulations filed through June 27, 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:
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.