Trained Serviceperson Requirements

Recently, Ohio law was updated to restrict who may apply restricted use pesticides (RUPs) in the state. Under the new provisions, the Ohio Department of Agriculture allows individuals to apply pesticides if they are directly supervised by a licensed pesticide applicator and meet specific requirements. These individuals are classified as “trained servicepersons.” 

Click here to download the requirements or read below.

In order to qualify as a trained serviceperson, all records of trained serviceperson training must be kept for ODA compliance and an individual must meet ONE of the following four criteria: 

1. ALREADY BE A LICENSED PESTICIDE APPLICATOR, BUT NOT IN THE RELEVANT CATEGORY 

OR 

2. THE TRAINED SERVICEPERSON MUST BE TRAINED WITHIN THE LAST TWELVE MONTHS ON BOTH (A) AND (B) OF THIS SECTION: 

(A) GENERAL NONCERTIFIED APPLICATOR TRAINING 

General noncertified applicator training must be presented to noncertified applicators either orally, in writing, or audiovisually and presented in a manner that the noncertified applicators can understand, such as through a translator. The person conducting the training must be present during the entire training program and respond to the noncertified applicators' questions. The person who conducts the training must meet one of the following criteria: 

  • Be currently certified as a commercial or private applicator of restricted-use pesticides under this rule; 
  • Be currently designated by the director of agriculture as a trainer of pesticide applicators; or 
  • Have completed an EPA-approved pesticide safety train-the-trainer program for trainers of handlers under 40 C.F.R. 170 "Worker Protection Standards." 

(B) REQUIRED TRAINING CONTENT 

The noncertified applicator training materials must include the information that noncertified applicators need in order to protect themselves, other people, and the environment before, during, and after making a restricted-use pesticide application. The training materials must include, at a minimum, the following: 

  • Potential hazards from toxicity and exposure that pesticides present to noncertified applicators and their families, including acute and chronic effects, delayed effects, and sensitization; 
  • Routes through which pesticides can enter the body; 
  • Signs and symptoms of common types of pesticide poisoning; 
  • Emergency first aid for pesticide injuries or poisonings; 
  • Routine and emergency decontamination procedures, including emergency eye flushing techniques. Noncertified applicators must be instructed that if pesticides are spilled or sprayed on the body, to immediately wash or rinse off in the nearest clean water. They must also be instructed to wash or shower with soap and water, shampoo hair, and change into clean clothes as soon as possible; 
  • How and when to obtain emergency medical care; 
  • After working with pesticides, wash hands before eating, drinking, using chewing gum or tobacco, or using the toilet; 
  • Wash or shower with soap and water, shampoo hair and change into clean clothes as soon as possible after working with pesticides; 
  • Potential hazards from pesticide residues on clothing; 
  • Wash all clothes worn while working with pesticides before wearing them again and wash them separately from other clothes; 
  • Do not take pesticides or pesticide containers used at work to your home; 
  • Potential hazards to children and pregnant women from pesticide exposure; 
  • After working with pesticides, remove work boots or shoes before entering your home, and remove all work clothes and wash or shower before physical contact with children or family members; 
  • How to report suspected pesticide use violations to the appropriate state responsible for pesticide enforcement; 
  • Format and meaning of information contained on pesticide labels and labeling applicable to safe use, including the restricted-use product statement, when a certified applicator must be present, and personal protective equipment information; 
  • Need for, and appropriate use and removal of, personal protective equipment; 
  • How to recognize, prevent, and provide first aid treatment for heat-related illness; 
  • Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup 
  • Environmental concerns such as drift, runoff, and wildlife hazards; 
  • Restricted-use pesticides may be used only by a pesticide applicator or by a noncertified applicator working under the direct supervision of a pesticide applicator; 
  • The pesticide applicator's responsibility to provide each noncertified applicator instructions specific to the site and pesticide used, including labeling directions, precautions, requirements, and site characteristics affecting risk; 
  • The pesticide applicator's responsibility to ensure that each noncertified applicator has access to applicable product labeling at all times during use; 
  • The pesticide applicator's responsibility to ensure that required personal protective equipment is clean, functional, and used correctly;
  • The pesticide applicator's responsibility to ensure equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition before each day of use; 
  • The pesticide applicator's responsibility to ensure a means to immediately communicate with the pesticide applicator is available to each noncertified applicator using restricted-use pesticides under direct supervision. 

OR 

3. THE TRAINED SERVICEPERSON MUST MEET ALL REQUIREMENTS FOR AN AGRICULTURAL HANDLER OF THE FEDERAL WORKER PROTECTION STANDARD WIHIN THE LAST 12 MONTHS.

See resources at the following link: htcmanual-chapter2.pdf 

OR 

4. THE NONCERTIFIED APPLICATOR HAS MET THE REQUIREMENTS ESTABLISHED BY A CERTIFYING AUTHORITY THAT MEET OR EXCEED STANDARDS IN SECTION (C)(1) OF 40 C.F.R. 171.201 

See below for requirements or at the following link: Federal Statute for Noncertified Applicators 

NONCERTIFIED APPLICATOR TRAINING PROGRAM

  1. General noncertified applicator training must be presented to noncertified applicators either orally from written materials or audiovisually. The information must be presented in a manner that the noncertified applicators can understand, such as through a translator. The person conducting the training must be present during the entire training program and must respond to the noncertified applicators' questions.
  2. The person who conducts the training must meet one of the following criteria:
    1. Be currently certified as an applicator of restricted use pesticides under this part.
    2. Be currently designated as a trainer of certified applicators or pesticide handlers by EPA, the certifying authority, or a State, Tribal, or Federal agency having jurisdiction.
    3. Have completed an EPA-approved pesticide safety train-the-trainer program for trainers of handlers under 40 CFR part 170.
  3. The noncertified applicator training materials must include information necessary to protect themselves, other people, and the environment before, during, and after making a restricted use pesticide application.