OAR 603-057-0120: General Standards of Commercial Applicator, Public Applicator and Noncommercial Applicator Competence

(1) Competence in the use or handling of pesticides shall be determined on the basis of written examinations which, in addition to the requirements of OAR 603-057-0125, shall include the following general standards: (a) Comprehension of labeling format, labeling terminology, and the labeled warnings and instructions; (b) Knowledge of safety factors to be considered, including need and use of protective clothing, first aid procedures in the event of accidents, symptoms of various pesticide poisonings, and proper storage, transportation, handling, and disposal methods; (c) Knowledge of potential consequences to the environment from the use or misuse of pesticides, as influenced by climate, topography, vegetative buffers or other pesticide practices directly relating to protection of water, and existence of plant and/or animal life,; (d) Methods to minimize pesticide drift and off-target deposition of pesticides, including nozzle selection, calibration, product formulation, product volatility, buffers and barriers, adjuvants, precision application technology, and environmental conditions (wind, inversion, temperature, etc.); (e) Knowledge of methods of use or application, including the various formulations (dust, wettable powder, etc.) of pesticides, the compatibility of various pesticides, the types of application equipment or devices, and the times when various pesticide formulations or equipment would be appropriately used; and (f) Knowledge and comprehension of existing laws and rules governing pesticide use or application, including classifications of various pesticides (highly toxic, restricted use, or general). (2) The applicant shall be notified within 30 days of taking a written examination, as to the grade received in such examination and whether such grade is passing or failing. Such notification shall be deemed an "order" for the purposes of judicial review provided in ORS 183.480. (3) An applicant for a commercial, public, or noncommercial applicator license renewal shall be required to take a reexamination each fifth year after taking the original examination, and be subject to the provisions of this section and OAR 603-057-0125 in regard thereto. However, if the Department's records indicate the applicant for license renewal has complied with the provisions of 603-057-0150, the written examination shall be waived, except in the category "Regulatory Pest Control," subcategory "Livestock Protection Collar." (4) If an applicant for a commercial, public, or noncommercial applicator license has passed a current written examination accredited by another state with which the Department has a reciprocal agreement on certification or licensing, and submits evidence of the same to the Department at the time of submitting an initial license application with applicable fee, the license examination may be waived. (5) In the event an applicant for a commercial, public, or noncommercial applicator license fails the written examination or re-examination, the applicant shall be eligible to take the examination again.