Current through Reg. 49, No. 45; November 8, 2024
Section 7.132 - Requirements for Apprentice Registration(a) An apprentice is a beginning employee, whose training program is the responsibility of the responsible certified commercial applicator or certified noncommercial applicator and who may be trained by and work under the direct supervision of licensed certified applicators and technicians.(b) An apprentice must be at least 16 years of age.(c) An apprentice must be able to demonstrate proficiency in reading EPA approved pesticide labels and warnings.(d) An apprentice registration application for technician license must be submitted within ten (10) days of beginning employment and training. Any training completed prior to the date of hire will not count towards required training needed to test and work without physically present supervision.(e) The application must be submitted on the form prescribed by the department.(f) A fee shall be charged for each application.(g) An apprentice card will be issued by the department and valid until the end of the month one (1) year from the month the date employment began when all of the above requirements are met and processed. Failure to provide complete and accurate information may result in a change of the effective date of employment.(h) Apprentices must not perform any pest control work without the physical presence of a licensed technician or a certified applicator. Upon completion of and documentation of the required study and on-the-job training and demonstrating competency in each area, the apprentice may work alone so long as a certified applicator is physically present for personal instruction three (3) days a week and the apprentice carries their registration card at all times.(i) The studies and job training required for an apprentice are as follows: (1) complete at least two (2) hours of classroom training in each of the following general standards training subjects: (A) federal and state laws regulating structural pest control and pesticide application;(B) recognition of pests and pest damage;(C) pesticide labels and label comprehension;(E) environmental protection;(F) application equipment and techniques;(G) pesticide formulations and actions;(H) emergency procedures, pesticide cleanup, and procedures for immediate reporting of spills and misapplication;(I) basic principles of mathematics, chemistry, toxicology, and entomology; and(J) non-chemical pest control techniques, including biological, mechanical and integrated pest management techniques.(2) Complete forty (40) hours of verifiable on-the-job training and eight (8) hours of classroom training in each license category in which the apprentice is to provide pest control services. The responsible certified commercial applicator or certified noncommercial applicator must certify in the training records of each apprentice that the apprentice has completed the required training and has demonstrated competency in each category in which the apprentice is to provide service.(3) The twenty (20) classroom hours of general standards training, forty (40) hours of verifiable on-the-job training, and eight (8) hours of classroom training in each license category must be completed and documented on the verifiable training record prior to the apprentice taking the category exam and a license being issued.(4) A student currently enrolled in or who has attended or graduated within the past twelve (12) months from an accredited school or university studying relevant materials may be credited with those courses toward classroom training hours for apprenticeship, if those hours have been provided by the school or university and documentation is provided which shows the student passed the class(es) submitted.(5) An apprentice may maintain an apprentice card for a maximum of twelve (12) months. If an apprentice has not met the requirements to become a licensed technician in the twelve (12) month period, the apprentice must be re-registered as an apprentice and must repeat all training requirements for an apprentice. Previous training credit from previous apprentice registrations may not be applied to this requirement.(j) A responsible certified commercial applicator or certified noncommercial applicator must maintain the verifiable training records and certification for each apprentice in the business files for two (2) calendar years after the calendar year in which the training or certification was completed. The verifiable training records form shall be prescribed by the department and must include, but is not limited to, the following: (1) date training received;(2) number of hours of training;(4) printed name, signature, and license number of trainer;(5) designation of on-the-job training or classroom training;(6) competency evaluation by the responsible certified applicator;(7) printed name, signature, and license number of the trainer if the training was provided by a registered licensee of the business; or if a training event is completed outside of the business by a third-party trainer, proof of completion of the training must be maintained with the verifiable training records and referenced therein; and(8) printed name, signature, and license number of the responsible certified applicator.(k) When an apprentice changes employers due to a business acquisition or sale, or a change in the current employer's tax identification number, the employer who maintains the verifiable training records must make the verifiable training records available to the apprentice or the new employer within twenty (20) days of written request.(l) It is a violation of this section for a business licensee or certified noncommercial applicator to allow an apprentice to perform work in a category in which the apprentice has not been properly trained. A certified applicator registered with the business must be physically present to give verbal instructions to an apprentice at least three (3) days a week and available during operating hours for questions and instructions as needed.(m) An apprentice becomes a licensed technician by:(1) completing a minimum six (6) hour technician training course approved by the department in general training at least one (1) time prior to taking the examination;(2) completing all training listed under subsection (i) of this section; and(3) making a minimum passing grade of at least 70% on the technician examination. (A) The examination may be taken as many times as necessary in the twelve (12) month period the employee holds an apprentice registration card.(B) There shall be a fee charged per examination.(C) The Technician Training Manual may be obtained from the Texas A&M AgriLife Extension Service.(D) An individual must pass each category examination in which the apprentice applies to become licensed. Re-examination is not necessary if the license is renewed annually.(E) Persons making a passing grade and who qualify for a technician license will be issued a license upon issuance of the grades.(n) All testing procedures shall be governed by § 7.125 of this chapter (relating to Examinations).4 Tex. Admin. Code § 7.132
Adopted by Texas Register, Volume 43, Number 01, January 5, 2018, TexReg 0043, eff. 1/9/2018; Amended by Texas Register, Volume 48, Number 02, January 13, 2023, TexReg 0131, eff. 1/16/2023