W. Va. Code R. § 61-12J-8

Current through Register Vol. XLI, No. 40, October 4, 2024

Section 61-12J-8 - Prior Notification

8.1. If a licensed pesticide application business is contracted to make a Level 3 or Level 4 pesticide application, the licensee shall provide notification to the school or child care administrator 48 hours in advance of the application.

8.2. Employees of Schools, Child Care Centers or Family Child Care Facilities.

8.2.a. All schools, child care centers or family child care facilities shall notify their employees through routine announcement or individual notice at least 24 hours in advance of all applications of pesticides in levels 3 and 4 as detailed in Section 7 of this rule, including applications made after school hours, on a weekend or during a holiday break.

8.3. Parents or Legal Guardians of Students of Schools.

8.3.a. At the beginning of each school year, or at the time a student is enrolled into the school, school administrators shall notify the parents or legal guardians of the right to be informed of the application of level 3 or 4 pesticides as detailed in Section 7 of this rule.

8.3.b. The notification to the parents or legal guardians shall contain a registration form, whereby the parent or legal guardian can request to be notified by the school administrator of the application of level 3 or 4 pesticides.

8.3.c. The administrator of the school shall provide notification to the parent or legal guardian requesting notification at least 24 hours in advance of all applications of level 3 or 4 pesticides, including applications made after school hours, over a weekend or during a holiday break.

8.3. Parents or Legal Guardians of Children in Child Care Centers or Family Child Care Facilities.

8.3.a. At the time a child care center or family child care facility operator signs a contract or other agreement for the care of a child, the operator shall notify the parent or legal guardian of the right to be informed of the application of a level 3 or 4 pesticide as detailed in Section 7 of this rule.

8.3.b. The child care center or family child care facility operator shall post and make available to the parent or legal guardian, notification of all applications of level 3 or 4 pesticides at least 24 hours in advance of any pesticide application, including applications made after hours, over a weekend or during a holiday break. The notification shall be placed at the register where the parent or legal guardian signs the child into and out of the child care center or family child care facility.

W. Va. Code R. § 61-12J-8