PCOC - Winter 2015 - (Page 16)

Federal Update By Andrew Architect, Andrew Bray, Jim Fredericks & Bob Rosenberg, NPMA *Disclaimer: The NPMA Federal Update was written October 5, 2015, please visit www.npmapestword.org for developments and updates on Federal policy** EPA Proposes National Certification and Training Standards On August 5, the U.S. Environmental Protection Agency (EPA) released a pre-publication rule proposing stronger standards for commercial and private pesticide applicators who apply restricted-use pesticides (RUPs). The rule will raise the federal standards for applicator competency, including testing, certification and continuing education, in an effort to provide assurances that certified applicators and noncertified applicators under their direct supervision are competent to use RUPs in a manner that will not cause unreasonable adverse effects. Changes proposed include: * Additional training and certification requirements will be implemented for aerial application, soil fumigation and non-soil fumigation. * All persons, certified applicator or person working under their direct supervision, must be 18 to apply RUPs. * Additional training and certification requirements will be implemented for noncertified. applicators working under direct supervision of a certified applicator, including training and/or passage of the core exam. * Added responsibilities for certified applicators supervising a noncertified applicator applying RUPs, including being certified in the category of the application being performed by the non-certified applicator, and being available for direct communication, either on site or via cellphone, two-way radio, or other mechanical device. * Commercial applicators will be responsible for maintaining training records of non-certified applicators for two years. * Standardizing requirements for certification exams, including the requirement of a proctor and mandating all exams be closed book, in addition to identification procedures. * Instituting standard based recertification requirements for commercial applicators every three years, including six CEUs for core application and six CEUs per specific category. Applicators must earn half of the required CEUs in the 18 months preceding expiration. * States will be required to provide information about state requirements and procedures for reciprocity. Under the current FIFRA structure, the standards set forth are the minimum requirements a state is required to implement. In some states, many of the above changes are already state mandated. The EPA specifically noted this fact and has proposed the heightened standards to provide a more unified regulatory scheme under FIFRA. States that are below the proposed minimum standards will be required to raise the minimum standards in their state plans. The NPMA policy team has met with at EPA officials since the pre-publication was released and expressed our initial thoughts and gathered information. Next steps include communicating with member companies on the proposal, leading a coalition as part of the Pesticide Policy Coalition in addressing the proposed rule and working closely with State Regulatory officials throughout the nation to analyze impacts and assist in identifying areas of the proposed rule that we feel should be amended. The proposed rule was published in the Federal Register on August 24 and the comment period will close on November 24. The proposal provides for a delayed implementation if the rule is finalized, up to four years for existing state certification plans. www.pcoc.org / Winter 2015 16 NPMA Submits Comments to the Department of Labor In Opposition to Proposed Overtime Changes On Thursday, September 3, NPMA submitted comments to the Department of Labor in opposition of the Department's flawed proposed overtime rule. NPMA, along with 250 individual NPMA members, submitted an extension request for the rule in early August. Unfortunately, the Department announced on Monday, August 31 they would not extend the comment period despite hundreds of thousands of requests to extend the comment period. The comments submitted by NPMA respectfully requests the Department to withdraw the proposed rule, explaining: "As proposed, the Department's proposed rule does not achieve the intended objective of protecting the American workforce through overtime protection mechanisms. Instead the Department's unprecedented 113 percent raise of the minimum salary threshold for overtime pay is ill advised and does not take into account the effects this abrupt threshold increase would have on the economy and employee flexibility. The proposed rule inadequately addresses important factors such as regional cost-ofliving differences and the need to account for non-discretionary bonuses. The pest management industry is additionally concerned by the Department's attempt to subvert federal authority and legislative intent by annually indexing the minimum salary threshold and potentially altering the long used duties test for white collar exemptions from overtime pay." In addition to submitting comments directly from the pest management industry, NPMA signed onto comments submitted by the Partnership to Protect Workforce Opportunity (PPWO). The PPWO is comprised of a wide http://www.npmapestword.org http://www.pcoc.org

Table of Contents for the Digital Edition of PCOC - Winter 2015

President’s Message
Martyn’s Corner
Bird Management: Best Strategies and Biggest Challenges
Finding an SEO Company That Will Make — Not Break — Your Business in 2016
Federal Update
Insurance Complying with the Global Harmonized System Hazard Communication Standard of 2012
Membership Pays! Jim Steed, Neighborly Pest Management
State Capitol Report And That’s a Wrap
Building a Sales Culture in Your Business Everyone’s in Sales
Firm Profile The Hitmen Termite and Pest Control, Inc.
Index to Advertisers
Advertiser.com

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