SECTION 7.36. Application of Worker Protection Standard

(a) Workers and handlers must be trained in accordance with WPS.

(b) All certified and licensed applicators or trained trainers who conduct WPS pesticide safety training must:

(1) maintain records of each trainee for five years. These records must include a copy of each dated class roster signed by the trainer and each trainee;

(2) issue a copy of an EPA training roster only to a trainee who has been trained in accordance with WPS requirements;

(3) record trainee information on the training roster in ink or other indelible form;

(4) on request, issue copies of training rosters that match EPA specifications or that comply with state variations from such specifications that have prior approval from EPA; and

(5) promptly respond to requests from EPA, state, or tribal agencies or agricultural employers for information concerning issued EPA training rosters.

(c) The EPA WPS warning flag/sign referred to in WPS and §7.37 of this chapter (relating to Notification Requirements) must look like the one pictured as follows. Additional information may be included on the warning sign, such as the name of the pesticide or the date of application, if it does not lessen the impact of the flag/sign or change the meaning of the required information. If the required information is added in other languages, the words must be translated correctly. The flag/sign must be at least 14 inches by 16 inches, and the letters must be at least one inch high. For nursery and greenhouse operations, the warning sign/flag may meet the minimum requirements as approved by the EPA.

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Source Note: The provisions of this §7.36 adopted to be effective December 4, 1997, 22 TexReg 11652; amended to be effective March 9, 2023, 48 TexReg 1286