Haw. Code R. § 4-66-57

Current through November, 2024
Section 4-66-57 - General standards for certification of applicators
(a) Applicants for certification shall be at least eighteen years of age and shall possess a history of honesty, truthfulness, financial integrity and fair dealing. Such personal history shall be based on information obtained intra-departmentally, interdepartmentally, and/or through publicly available records;
(b) Competence in the use and handling of restricted use pesticides shall be determined by receiving a passing score of seventy per cent or better on a written examination or any alternate methods employed by the department to determine applicator competency, or both. Examinations are based upon standards that meet or exceed those set forth in this section and section 4-66-58. The examination shall test knowledge applicable to the certification category or subcategory, or both, and to the pesticide or class of pesticides covered by the requested certification.
(c) The department shall ensure that examinations meet the following standards:
(1) Examinations shall be presented and answered in writing;
(2) Examinations shall be proctored by an individual designated by the department;
(3) At the time of examination, each person seeking certification shall present a valid, government-issued photo identification or other similarly reliable form of identification as proof of identity and age;
(4) Each person seeking certification shall be given instruction on examination procedure before beginning the examination;
(5) Examinations shall be kept secure before, during, and after the examination period. No portion of the examination or associated reference materials may be copied or retained by any person other than persons authorized by the department,-
(6) There shall be no verbal or non-verbal communication with anyone other than the proctor during the examination period;
(7) Only reference materials approved by the department may be used during the examination; and
(8) In addition to the written examination the department may employ additional methods for determining applicator competency.
(d) Applicants shall demonstrate practical knowledge of the principles and practices of pest control. The knowledge shall include the following areas:
(1) Label and labeling comprehension. Familiarity with pesticide labels and labeling; an understanding of label function, format and terminology; an understanding of instructions, warnings, symbols, and other common labeling requirements; an understanding that it is a violation of federal and State law to use any pesticide in a manner inconsistent with its labeling; an understanding of labeling requirements for supervising non-certified applicators working under the direct supervision of a certified applicator; an understanding of the meaning of product classification; and recognizing the difference between mandatory and advisory labeling language;
(2) Safety measures. An understanding of the risks of acute toxicity, chronic toxicity, and long-term effects of pesticides; an understanding that risk is a function of exposure and pesticide toxicity; recognition of ways in which dermal, inhalation, and oral exposure may occur; knowledge of common types and causes of pesticide mishaps; precautions to prevent injury to applicators and other individuals in or near treated areas; the need for and proper use of personal protective equipment and clothing; symptoms of pesticide poisoning; first aid and other procedures to be followed in case of a pesticide mishap; proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers; and precautions to be taken to prevent children from having access to pesticides and pesticide containers;
(3) Environment. An understanding of the potential environmental consequences of the use and misuse of restricted use pesticides; an understanding of the influence of weather and other indoor and outdoor climatic conditions; the influence of types of terrain, soil, or other substrate; presence of fish, wildlife, and other non-target organisms; and, drainage patterns;
(4) Pests. An understanding of the importance of correctly identifying target pests and selecting the proper pesticide product for effective pest control; and, verifying that the labeling does not prohibit the use of the product to control the target pest;
(5) Pesticides. Knowledge of the characteristics of various pesticides, including the types of pesticides; types of formulations; compatibility, synergism, persistence, and animal and plant toxicity of the formulations; hazards and residues associated with use; factors that influence effectiveness or lead to problems such as pesticide resistance; and, dilution procedures;
(6) Application equipment. Practical knowledge of type, maintenance, use, and calibration of pesticide application equipment and an understanding of advantages and limitations of each type of equipment. Additional knowledge of calibration shall be required of applicants using or supervising the use of highly-specialized equipment;
(7) Application methods. Practical knowledge and understanding of selecting the appropriate application method; an understanding of methods used to apply various forms and formulations of pesticides; knowledge of which application method to use in a given situation; how selection of application method and use of a pesticide may result in proper use, unnecessary or ineffective use, and misuse; a practical understanding of pesticide drift and runoff, and the resulting effect on non-target organisms, such as wildlife, apiaries, humans, human habitation, lakes, rivers, wetlands, coastal waters, surface waters and ground waters; and knowledge of techniques, formulations, and methods to prevent drift and pesticide loss into the environment;
(8) Laws, rules, and regulations. Knowledge of all applicable federal and State laws, rules, and regulations;
(9) Responsibilities of supervisors of non-certified applicators. Knowledge of the responsibilities of certified applicators supervising non-certified applicators using restricted use pesticides; understanding and complying with title 40, section 171.201, Code of Federal Regulations (2018); knowledge and understanding of the recordkeeping requirements of pesticide safety training for non-certified applicators who use restricted use pesticides under the direct supervision of a certified applicator; providing use-specific written instructions to non-certified applicators who use restricted use pesticides under the direct supervision of a certified applicator; and explaining pertinent federal and State laws, rules and regulations to non-certified applicators who use restricted use pesticides under the direct supervision of a certified applicator; and
(10) Professionalism. Knowledge and understanding of the importance of maintaining chemical security for restricted use pesticides; how to effectively communicate information about pesticide exposures and risks; and, appropriate product stewardship for certified applicators.

Haw. Code R. § 4-66-57

[Eff. 7/13/81; am and comp DEC 16 2006] (Auth: HRS § 149A-33, 40 CFR §§171.4, 171.5) (Imp: HRS § 149A-33, 40 CFR §§171.4, 171.5)
[Am and comp 8/23/2019] (Auth: HRS 40 CFR § 171.103) (Imp: HRS 40 CFR § 171.103)