CTAG Issues Written Exam and Age Requirement

CTAG Issues § Written Exam and Age Requirement SLA Funding Worker Protection Integration § Certified Pesticide Dealers and Vendors Certified Consultants Occupational Applicators and Handlers § Positive Identification and Test Security § Web-Based C&T Plan and Reporting August 2003 http: //pep. wsu. edu/ctag

Session One Written Exam and Age Requirement SLA Funding Worker Protection Integration

North American Pesticide Applicator Certification and Pesticide Safety Education Workshop CTAG: Age and Written Exam Requirements Jack Peterson - August 12, 2003

White Paper - Requiring Minimum-Age Requirement for Approval of State Certification Programs Background: Many states do not currently require a minimum age for certification. Federal labor laws are in effect prohibiting certain agricultural employment depending upon age. Two surveys were conducted to assess age requirements for certification. FIFRA and subsequently 40 CFR part 171, do not impose an age restriction. United States Department of Labor (DOL) rules 29 CFR 570. 71 prohibits the agriculture employment of children below the age of 16 if the job encompasses handling or applying (including cleaning or decontamination equipment, disposal or return of empty containers, or serving as flagman for aircraft applying) agricultural chemicals with signal words, “Poison”, “Skull and Crossbones” and “Warning”. Further, the Fair Labor Standards Act (FSLA) also has minimum-age requirements for children working in agriculture under the age of 17.

AGE RESTRICTION SURVEY RESULTS All states responded. 44% of states have no minimum age limit for private appl. 40% of states have no minimum age limit for commercial applicators. For those with certification minimum-age limits: ·Private applicator (56%) age 15 --1 state, age 16 --10 states, age 17 --1 state, age 18 --15 states ·Commercial applicator (60%) age 16 --6 states, age 18 --20 states • SPC may be different N=48 P N=50 C • No territories included here

SURVEY II 53 responses - 98% recommend a minimum-age requirement. Twenty six responders indicated the minimum age should be 18; twelve indicated it should be 16; a few others indicated it should be lower. When asked if the minimum age should be different for commercial versus private applicators, 26 (49%) of the 53 responded yes; all others took no position. · · Private applicator – age 16— 18 agree Commercial applicator – age 18— 19 agree Other responses – 7 responses No position – 30 responses

Requiring an age restriction facilitates consistency across the country. Several issues need to be considered should mandatory age restrictions become a requirement for approval of a state certification plan. 1. Given DOL rules already in place, should such a requirement be proposed? 2. Several states still have family-operated farms; will states be allowed exemptions to a minimum-age requirement for immediate family? 3. How would certification age restriction rules impact the states? 4. A FIFRA-mandated minimum-age requirement, which is an industrysupported change, should remove impediments and bring about improvements in the C&T program. 5. A FIFRA-mandated minimum-age requirement will help change public perception and demonstrate how C&T protects the public and does not merely exist to license more people as a means to increase sales of pesticides.

Recommendation: The EPA should implement a minimum-age restriction as a requirement for approval of a state plan for the certification of private and commercial pesticide applicators. This should be implemented over a three to four-year period to allow those states that lack the authority to build alliances and to implement the necessary authority or legislation.

Ideas/Comments/Questions

White Paper - Requiring Written Examinations for Approval of State Certification Programs Background: Most states currently require exams to ensure competency. A survey was conducted for this assessment by the CTAG with all but one state responding. The results show that 84% of states require exams for private certification and 94% of states require exams for commercial certification. Those requiring closed-book exams were: 67% for private and 96% for commercial certification; respectively, 83% and 90% required written exams. N=48 P N=50 C No territories included

It was a common understanding that Section 11 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) prohibited testing of private applicators. Under section (a) CERTIFICATION PROCEEDURE (1) FEDERAL CERTIFICATION – In any State for which a State plan for applicator certification has not been approved…, the Administrator, … shall conduct a program for the certification of applicators of pesticides. Such program shall conform to the requirements…under the provisions of subsection (a)(2) of this section and shall not require private applicators to take any examination to establish competency in the use of pesticides. (emphasis added)

Because this requirement falls under the federal certification portion of FIFRA, states can require examinations of private applicators when not prohibited by state law. Requiring a written closed-book exam will facilitate consistency across the country as well as ensuring competency. Several issues need resolution should mandatory testing become a requirement for state certification plan approval, 1. Will making a written closed-book exam part of the requirements for an approved state certification plan, require changes in federal regulations? If not, how will this be done? 2. Should a state be unwilling or unable to implement such a requirement, is the EPA willing to step in? What other options are available? 3. What problems are created for those states (17%) that currently do not require written or closed-book exams for private applicators? What would be the time frame for implementation of this requirement? What tools are available to help those states develop a quality exam and the associated study materials?

Recommendation: The EPA should implement written closed-book exams as a requirement for approval of a state plan for the certification of private and commercial pesticide applicators. This should be implemented over a three to four-year period to allow those states that currently do not require written closed-book exams to implement the requirement. The national core exam and associated training materials (EPA/PMRA Pesticide Applicator Core Examination) should be available for use by those states not currently requiring testing.

Ideas/Comments/Questions

Session Four Written Exam and Age Requirement SLA Funding Worker Protection Integration

Change 50 -50 to 85 -15 § “Administration” of C&T Program = SLA § FIFRA language states 50/50 match § Inconsistent with other FIFRA match requirements at 85/15 § 50/50 creates hardships for C&T Programs § Due to regulatory climate at time of provision enactment § Can not be overridden since FIFRA supercedes § Must revise FIFRA language

Change 50 -50 to 85 -15 § CTAG Recommendation § Supports revision of FIFRA to eliminate statutory requirement for 50/50 match § Supports efforts to bring about change through a statutory amendment § Keep on burner until door opens

Ideas/Comments/Questions

WPS Integration § Improved Risk Mitigation § Improved Pesticide Security § Robust Handler Training Infrastructure § Handler Competency Assessment § Pesticide Handler Identification

WPS Integration § Propose Minimum Standards § Forward Recommendations § Evaluate Potential Impacts

Proposed Minimum Standards § Pesticide Handlers § Aerial Applicators § Crop Consultants § Researchers

Recommendations § Aerial Applicators § Crop Advisors § Researchers § Pesticide Apprentices § Trainers

Potential Impacts § § Growers Employers Cooperative Extension State Lead Agencies

Ideas/Comments/Questions

Session Two Certified Pesticide Dealers and Vendors Certified Consultants Occupational Applicators and Handlers

Review Harmonized Concept for Pesticide Classification § Current § Unclassified • General • Restricted Use § Short Term § General use • RUP-2 • RUP-1** § Long Term § Occupational Use • Occupational Restricted § Domestic Low Risk • Domestic High Risk § **very few products § Certification - by passing monitored, closed-book written examination.

Pesticide Dealer Short-Term § General Use § No change § RUP-2 products § Licensed Establishment § Certified Dealer § Can supervise sale § RUP-1 products § Licensed Establishment § Certified RUP-1 Dealer (mandatory product specific training) § Supervision not allowed Long-Term § Occupational Use § Licensed Establishment § Certified Dealer § Can supervise sale § Occupational Restricted § Licensed Establishment § Certified Occupat. Restricted Dealer (mandatory product specific training) § Supervision not allowed

Pesticide Vendor Short-Term (sales) § No change Long-Term (sales) § Market must be declared § Personal use in and around the dwelling § Domestic Low Risk § No Change § Domestic High Risk § Licensed Vendor Establishment § Certified Vendor § Available for consultation

Pesticide Consultant Short-Term § General Use and Home and Garden § No change § RUP-2 products § Certified Consultant § RUP-1 products § Certified RUP-1 Consultant (mandatory product specific training) Long-Term § Domestic Use § No change § Occupational Use § Certified Consultant § Occupational Restricted § Certified Occupational Restricted Consultant (mandatory product specific training)

Pesticide Occupational Applicator Short-Term § General Use and Home and Garden § No change § RUP-2 products § Certified Private § Certified Commercial § RUP-1 products § Certified RUP-1 Applicator (mandatory product specific training) § No supervision Long-Term § Occupational Use, or Domestic High Risk-if for non-personal use § Certified Occupational Applicator § Occupational Restricted § Certified Occupational Restricted Applicator (mandatory product specific training) § No supervision § Other controls

Pesticide Occupational Handler Short-Term § General Use § WPS Agricultural Handler § RUP-2 products § WPS Agricultural Handler Long-Term § Occupational Use, or Domestic High Risk-if for nonpersonal use § Trained Occupational Handler § Must work under supervision of certified Occupational Applicator

New Categories Pest Control Long Term §Sewer Root & Pipeline §Wood Preservation §Marine Paint §Due to EPA restricted use status create national consistency §Recognize additional workload Application Method Long-Term §Chemigation §Mist-Blower or Airblast Sprayers §Aerial Application §Increase hazard to the public and environment - create national consistency §Recognize additional workload

Open Discussion on Certification and Training § Dealers (short and long-term) § Vendors (long term) § Consultants (short and long-term) § Occupational Applicators (long term) § Occupational Handlers (long term) § New Categories (pest control or application method)

Session Three Positive Identification And Test Security

Positive ID and Test Security Roger Flashinski Carl Martin

CTAG § Workgroup on C&T Plans § Workgroup on Pesticide Safety § Workgroup on Tiered Classification

Workgroup on Pesticide Safety § Integrate WPS Training Requirements § Consistency for Certification Standards § Positive ID § Online Testing § Language Standards § Pesticide Security for Transport/Storage

Subgroup Charge Determine the implications of requiring positive ID for ALL applicators before they: § Take an applicator exam § Attend a recertification training session § Purchase a RUP

Subgroup Members Roger Flashinski, CES, WI (Chair) Dave Duncan, SLA, CA Rick Hansen, SLA, MN Win Hock, Emeritus CES, PA Al Muench, EPA Consultant

Why the Concern? § No national standards § Policy rather than rule making Therefore: § Surrogate substitute for real applicator § Unqualified person could buy RUPs

Advantages Verifying an applicator’s identity assures: § Person taking the exam is for real § Person buying RUPs is competent § Only qualified applicators supervise others § Stronger pesticide security

Advantages Existing U. S. issued photo ID documents: § Driver’s license § Passport § Military ID § Immigration green card

Advantages Positive ID verification will: § Cause little inconvenience for the proctor § Incur minimal cost to states § Take minimal effort for retail dealers to confirm buyer’s identity

Limitations § Some religious groups prohibit pictures § Large group meetings may require additional staff § Internet and telephone sales more problematic

Recommendation: Certification and Recertification Exams § Verify the positive ID of all individuals § Use existing photo ID documents § Exception: § Legitimate religious groups (two forms of non-photo ID documents required)

Recommendation: Purchasing RUPs § Verify the positive ID of all certified applicators § Use existing photo ID documents § Exception: § Legitimate religious groups (two forms of non-photo ID documents required)

Recommendation: Recertification Training Sessions § Attendance roster signed by all attendees § Written monitoring plan to ensure applicator competency and program integrity

Open Discussion on Positive Identification § Appropriate and/or Practical for Examinations? § Appropriate and/or Practical for Training § Guidance document helpful?

Examination Security-Internal § § § § Testing Center Access Control Closed Book Exams Test Blue Print Distribution Periodic Exam Item Replacement Shuffling Item and Answer Order Policy & Procedures SOP Trained Proctors

Examination Security-External § § § Blueprint is the “challenge” document No Test or Item Review Separate Application/Testing Procedure Periodic External Auditing Money Handling Procedures Scheduling

Examination Security-Challenges § § § § Cheating Copying Materials Training Content Access Inventory Scratch Paper Calculators/Computers

Examination Security-Challenges § § § § Physical Threats Intimidation Too Helpful Clear Instructions Posted Standards Grading Score Disbursement

Open Discussion on Security

Session Four Web-Based C&T Plan and Reporting

Web-Based C&T Plan and Reporting § Development § Colleen Hudak-Wise and Carol Ramsay § Beta-test § Rick Hansen & Colleen Hudak-Wise § EPA review § Allan Welch § Show and Tell § What are the Next Steps?

Web-Based State Plan and Reporting - GOAL § C&T Plan and Report website § http: //cru. cahe. wsu. edu/candt/logon. cfm § Plan meets FIFRA and 40 CFR 171 § Administration, authority, conformity, categories, examinations, supervision, reciprocity § Reports exceeds FIFRA and 40 CFR 171 § Applicator totals, category totals, certification/license cycles, recertification, regulatory activities, and participation, monitoring, enforcement related to certification

Web-Based State Plan and Reporting Development Team Debbie Danford (TX) Carol Ramsay (WA) Co-Chairs Gina Davis (MI) Donnie Dippel (TX) Colleen Hudak (NC) Jack Peterson (AZ) Randy Rivera (TX) Allan Welch (EPA-10) Kevin Keaney (EPA) Jeanne Heying (EPA) Richard Pont (EPA) Monte Johnson (USDA)

C&T Plan/Reporting Project Development § All on the same template § Once entered, only need to update Plan web page sections where changes occurred and enter annual report § Convenient, streamlined tool for submitting and assessing of Certification and Training Plans § Meets all 40 CFR 171 requirements § Identied additional elements

C&T Plan/Reporting Project Development § Satisfy annual reporting requirements § Current Form, Old 5700 -33 H form, 40 CFR 171 requirements § Eliminate quarterly reporting § Strive to achieve more consistent reporting § Comparable among states § Web database “rolls” forward data that does not change

C&T Plan/Reporting Project Development § Facilitate annual review by EPA § § § Consistent format among states Changes to plan Reporting items Noted EPA review dates Deadlines § Information gathering by EPA

C&T Plan/Reporting Project Development § Development Process § Assessed FIFRA and 40 CFR 171 documents § Assessed annual reporting documents § Produced an Excel Spreadsheet § Separated major Plan/Report elements § Discussed criteria for consistency § reported items would be as similar as possible § Set limitations for responses

C&T Plan/Reporting Project Development § Development Process § Added web-based ideas to spreadsheet § Radio buttons (select one only) § Check boxes (select all that apply) § Text boxes (for short answers) § PDF loads (for extended documentation) § PREP Course to discuss

C&T Plan/Reporting Project Development § Development Process § Turned over to Programmer § Excel spreadsheet § 40 CFR 171 help button information § General help information

C&T Plan/Reporting Project Development § Development Process § Programming § Intent for database and files to be on EPA Computer § Had to use “older” applications to develop web pages § Frames is not really frames

C&T Plan/Reporting Project Development § Development Process § Programmer and states worked together to produce betaversion § Andrew Thostenson, Colleen Hudak. Wise, Rick Hansen, Gina Davis, Richard Pont, Allan Welch, Carol Ramsay

Web-Based State Plan and Reporting Beta-test Team Colleen Hudak-Wise & James Choate (NC) Rick Hansen (MN) Ed Crow (MD) Andrew Thostenson (ND) Buzz Vance (NE) Randy Rivera (TX) Margaret Tucker (WA Kathy Dictor (VA) Clark Burgess (UT) Allan Welch (EPA-10) Richard Pont (EPA)

Beta-Testing § Some states completed to this point § Others added some information § Comments § Fairly straight forward to work through § Will take several sittings to get all initial data in § Adobe Acrobat needed for many SLA’s who do not have software to write PDF files

Beta-Testing § Comments § Since striving for national consistency, a few items are awkward, but doable § Web pages not set in stone, open to tweaking in the future § General help buttons have been added for clarification and guidance § Printed guidance document prepared

Beta-Testing § Once data is entered, fields are dynamic and can be updated (additions, deletions)

EPA Review § Web-database does cover all the required items in FIFRA and 40 CFR 171 § Annual reporting, not quarterly § All state data within in Region (nationally) will be in the same format § Simplification will facilitate EPA Region approvals of C&T Plans § Reports can be generated within the web database (further development needed)

Show and Tell § § § § Overall Look and Navigation Help Menus Check boxes and radio boxes Text Boxes, Number boxes Pulldown menus Loading PDF files Read the DIRECTIONS and REQUESTS carefully!

Header Cookie Navigation Basic Trail Working Page Navigation Menu

Help

Help

Help

Logout Button § Two places on page to Logout § Cookie Line § Logout Button § Must Logout if you want immediate access § Will lock you out for small amount of time § If idle for 20 minutes, it will close

Sections Report Year Contact Information Part I - The Plan Part II - The Report Utilities Menu Page

Logon State Name-Abbreviation

Report Year First Screen

Contact Information

Part I - The Plan Administration Examinations Agencies Other Certification Legal Authority Certification Personnel State Reciprocity Funding Proposed Changes Conformity Direct Supervision Competency Standards Training

Agencies

Competency Standards

Pulldown Menu

Examination per Category

Duplicate - Edit - Delete

Part II - The Report Applicator Totals County by Category Applicator Cycles Recertification Regulatory Activities Participate/Monitor Enforcement Communication Additional Info

Utilities § Complete Listing § Entry Counts § Report Period

Menu Page Alternate Navigation Method

PDF Files are Key § Method to produce PDF files § § Adobe Acrobat Macintosh OS X Other software Internet sites § Encourage attendance to Mike Weaver Adobe Acrobat Talk. Good basics to assist with completing the Plan, plus some other positive attributes of Adobe Acrobat that you will use, if you have it.

Troubleshooting § Interpretation and Clarification § Richard Pont, US EPA § Carol Ramsay, Wash. St. University § Computer difficulties § Carol Ramsay (Kathleen Duncan)

C&T Plan/Reporting Project Development § Next Phase § Reporting items § For EPA Headquarters and Regions § State sharing of information § Public viewing of information § *some reports on current system to show and tell what can be done

C&T Plan/Reporting Project Development § When the Rubber meets the Road § CTAG Board Meeting discussions § Tweaking a few pages § Deadline for first Plan § Deadlines for first Annual Report § Training opportunities § Adobe Acrobat

Open Discussion on Web-based Plan & Reporting § § § Benefits of template Impacts on your program Timeline to work on web template EPA anticipation of mandatory reporting Purchase of Adobe Acrobat 6. 0 for PDFs Possible workshops or C&T Plan managers and EPA Region review staff.