Welcome to today’s presentation on WSU’s Pesticide Policy. I’m Catherine Daniels. During the next hour I’ll spend roughly 30 minutes covering the learning objectives, give you about 20 minutes for a Q&A session, then we’ll spend the last few minutes with an evaluation. I appreciate that each of you has taken time out of a busy schedule to participate in this training and hope that you can help me by staying on for the evaluation session. The policy I’m going to talk about today is a physical document. It does two things: it lays out WSU’s expectations for employees who work with pesticides, and it explains federal and state laws that apply to that same work. Before we continue I’d like to quickly go over some of the technical parts of the webinar, in case you aren’t familiar with this format. We need everyone to keep their phone mute button on so the microphone doesn’t insert random noises during the presentation. The text box near the bottom left part of your computer screen is where you will type in questions or comments during the Q&A session. That way other participants can see your question or comment. If you are having problems with the webinar—volume is too low, slides don’t appear, things like that-- please use the text box to describe the problem so we can try to fix it.
Now we have the technical parts taken care of --I’ll tell you a little bit about my background so you’ll understand why I’m the presenter today. One of my responsibilities is serving as WSU’s Pesticide Coordinator. My tasks are to review and approve all written materials aimed at client groups, to update the Pesticide Policy and provide employee trainings, and to provide WSU with assistance in pesticide regulation and policy issues. Basically, I’m one of the resources offered to employees and administrators when issues come up around pesticides. Now that I’ve given you some background, it makes perfect sense that part of my goal today is to educate you about your responsibilities regarding pesticide licensing, use, supervision, storage, disposal and recordkeeping. The other part of my goal is to let you know about your personal liabilities. Before we begin I need to settle a terminology question so that everyone has the same understanding of the word “pesticide”. The legal definition is any substance or mixture of substances that kills, repels or mitigates a pest. The basic definition of a pest is any living thing or virus that causes problems, except those that cause human diseases or are internal pests of animals. We are not just talking insecticides and insect pests here.
In previous trainings, I’ve taken 3 hours to cover every last detail of the policy. That’s an unrealistic time commitment for you so I’m trying a different approach this time. We’re going to focus on this list— the five most important things you, as employees, need to know. We’ll talk about how to find the pesticide policy document, what kind of license category you need to do your work, what an experimental use pesticide is and what you need to do when working with them, and how liability coverage works at WSU. You’ll have time to ask questions or make comments later in the presentation, and if I’ve done my job right, at the end you’ll come away knowing WSU’s expectations of you and how to get help when you need it.
The single most important piece of information you need from this presentation is right here: how to locate the WSU Pesticide Policy. I say this because later on you may forget parts of the presentation, or you may need to train a new employee, or as I hope all of you do, you want to check and see if the Policy has been updated. That’s important because as employees you are expected to know the policy and follow it. The PDF is posted on my website, wsprs dot wsu dot edu. Look under Employee Resources. You can also find a copy on Extension’s Policies and Procedures website. If you don’t have that page bookmarked, the fastest way to find it is to search any WSU website with the term “pesticide policy”. The URL will pop up on the Web tab. Don’t get caught in a trap by thinking that because I have an Extension appointment and the Policy is hosted on Extension’s webpage, that the policy only applies to Extension employees. That isn’t true. The policy applies to everyone at WSU.
Let’s move on to Objective 2: licensing. WSDA has two categories of pesticide license appropriate for WSU employees. One is public consultant. This license allows you to recommend pesticides, including talking about how a pesticide is used and what result it might have. While we’re on the subject, you also need to know that in a court of law there is no difference between the words suggesting, advising or recommending. The terms all have the same legal interpretation…basically you telling a client how a pesticide could be used or what the result might be. But…having this license does NOT allow you to apply pesticides or supervise applicators such as grad students or technicians.
The other category is public operator. With this license you can apply pesticides through powered equipment, apply pesticides that carry use restrictions, and supervise unlicensed applicators. In addition, you can make recommendations to clients. The annual cost of the license is the same; you need to choose the one that best fits your work category. Besides having a pesticide license, you also need the correct endorsement in order to make recommendations or work in particular areas.
Passing the laws and safety portion of the licensing exam will get you a license. You then need to pass exams in specific work areas to get an endorsement. For example, if you are working with herbicides on a WSU farm, you’d need to pass the ag weed endorsement exam. I’ve listed a number of different endorsements, some more common than others, which might apply to your work areas. We are covering this as a learning objective so you realize your legal responsibility to hold the correct license and endorsement. But if you have questions about specific license types you should talk to Carol Ramsay or Carrie Foss, who run the Urban IPM and Pesticide Safety Education Program at WSU.
The first two learning objectives are relevant to everyone participating in this webinar. My next section, Experimental Use Pesticides—or EUPs-- will only be relevant to some of you. However, it’s critical that you know what an EUP is because not knowing is not an excuse. In a previous situation we had a faculty member who didn’t understand whether the policy applied to his work, didn’t ask questions and because of that didn’t follow policy. That triggered an internal disciplinary action as well as landing him on WSDA’s penalty matrix.
Two points I want to emphasize here: legal repercussions and safety. Even though EPA has not registered a product, that doesn’t mean they aren’t overseeing all aspects like transportation, use, storage, etc. All the regulations that apply to registered pesticides also apply to EUPs, except that if you don’t have a permit for EUP work you can get into even more trouble. We’ll talk about permits in the next few slides. The second point is safety. When you agree to test an EUP for a company, you need to think Safety First! Sometimes the companies send a numbered compound, one having a name like Chem456X without an active ingredient listed. While they are doing that to protect trade secrets you are being put at risk by not knowing how to safely handle, transport and store the product. Demand the common chemical name, a MSDS, and the signal word which EPA will assign when they register the product. You also need to know whether it will be classified as a general or restricted use chemical.
When I think about people who have gotten themselves into trouble in the past, this is the place where it usually happens. Probably out of ignorance or because they started work in another state that had different rules and when they came to WSU they just assumed our laws were the same. State law here says no EUP work on any size of test plot without a permit. Even one inch square. If you’re testing a material that is either already gotten organically certification, or it’s a material that is exempt under the NOP rules, you still have to check whether it’s classified as a pesticide under FIFRA. If it is, and it is considered an EUP, you also need a permit. There are state permits and federal permits. The federal ones take about 9 months to process so if you are considering that course you should start groundwork early. Even though I said plot in the slide, it doesn’t literally refer to a piece of ground. If you are testing EUPs in residential or aquatic areas, they also require permits.
Researchers who test a lot of compounds or the same compound using different rates or timings would eventually generate a big stack of permit requests. To accommodate researchers, WSDA developed a collective permit, my shorthand is cEUP. By having that one permit, held centrally, all researchers can use the permit under specific conditions. The total acreage that all of us can use for one AI, in a year, is just short of one acre. We can only use that permit for terrestrial applications, no fumigants allowed and no residential testing. All of the pesticide application records must be submitted to a central website in case of a data call in. Signed landowner permission forms have to be sent to me Experimental results have to be added to the application record at the end of the experiment
There are a few other things you need to know as well. Once the test is finished you have to return the chemical to the company within 3 years. We are forbidden to put it in the waste pesticide pickup program or leave it set in chemical stores. The research data you are generating must be for the registration packet of the product, not just because it helped you solve a pest problem in your plots. There is one other option, and that is if you have a quarantine pest problem and that EUP is the only way it can be solved. The good news for researchers is that we handle obtaining the permit and managing the data if there is a call-in. If you want to see a copy of the permit it’s on the wsprs dot wsu dot edu page under Employee Resources. If you are applying to a food or feed crop, then you must either destroy it after the test is finished or you have to demonstrate that there is an existing tolerance which will not be exceed by your experimental design. If it’s exempt from tolerance then you have no issues there. Lastly, if you see any adverse environmental effects we have to report them to WSDA at once. That’s part of our permit conditions.
Our last learning objective is understanding your liability. If for any reason you were sued because of a recommendation you made or pesticide application that you or those you supervised made, administrators would ask you whether you were following our policy. If you were, then WSU is much more likely to support you than if you did not follow policy. As a self-insured institution, the administration has the option of deciding who is covered and who is not based on individual circumstances. So I want you to know the most basic of rules here: know when you need a license and get one if needed if you have test plots in another state like Idaho or Oregon, and you violate their rules, you can still get in trouble here You have to keep records of all applications and use the cEUP system if you are working under our collective permit WSU has a particular focus on safe and healthy working environments If you are providing client groups with written or web-based materials, you have to get it approved in advance
We’ve covered the basics of the pesticide policy now, however I’ve deliberately left time for a question and answer session. I’ll encourage you by saying that there is no such thing as a dumb question, and it’s fine to ask for verification even if you think you already know the answer. One last thing I can offer is anonymity. If you have a question about legality, call me. We can talk it over and if I need to ask WSDA about the answer you can be sure I’ll not mention anyone’s name. The idea is to help all of us know the rules and be in compliance.
At this point, I’d like to ask you to stay on for a few more minutes and help me with evaluation. We have 6 questions that we need your input on, then I’ll put up my closing slides.
If you think of things later, please feel free to drop me an email or give me a call with your comments or suggestions.
2011 WSU Extension webinar on Pesticide Policy
WSU Pesticide Policy What is it and How Does it Affect Me? Catherine H. Daniels WSU Pesticide Coordinator
Training Goal <ul><li>Educate viewers about their responsibilities and personal liabilities </li></ul>
Learning Objectives <ul><li>Know where to find Pesticide Policy </li></ul><ul><li>Know the license category you should have </li></ul><ul><li>Know what an EUP is and how to work with it </li></ul><ul><li>Understand the requirements for EUP work </li></ul><ul><li>Know the extent of WSU liability coverage </li></ul>
Learning Objective 1: Pesticide Policy <ul><li>Pesticide Policy is posted at wsprs.wsu.edu and on Extensions Policies and Procedures site </li></ul><ul><li>Policy applies WSU-wide, not just to CAHNRS or Extension personnel </li></ul>
Learning Objective 2: License Category <ul><li>Public Consultant </li></ul><ul><li>Describes pesticide uses, application methods or amounts, crop or pest effects, etc. to client groups </li></ul>
Learning Objective 3: Identifying EUPs <ul><li>EUPs are: </li></ul><ul><li>Active ingredients not yet registered by EPA nor exempted from registration </li></ul><ul><li>Registered ingredients used in non-registered ways: crop/site not on label, use rate higher, application timing outside limits, too many applications, application method disallowed, and PHI shorter than allowed. </li></ul>
Learning Objective 3: Working with EUPs <ul><li>Regulated in same way as registered pesticides for transportation, licensing, supervision, use, storage and recordkeeping. </li></ul><ul><li>Ask for common chemical name of the active ingredient, the MSDS, the requested signal word and use classification (general or restricted) </li></ul>
Learning Objective 4: EUP Requirements <ul><li>All EUP work in WA requires a permit regardless of plot size </li></ul><ul><li>No exemption for organic </li></ul><ul><li>Plot size and research purpose determine permit type </li></ul><ul><li>Granted by EPA or WSDA </li></ul>
Learning Objective 4: EUP Requirements <ul><li>WSU holds one collective permit for small plot work (<1 acre/AI) </li></ul><ul><li>Only non-residential, non-fumigant, terrestrial applications </li></ul><ul><li>Submit records to cEUP website </li></ul><ul><li>If cooperator’s land, submit permission statement </li></ul><ul><li>Enter experimental results on cEUP website </li></ul>
Learning Objective 4: EUP Requirements <ul><li>Storage limit for chemical is 3 years </li></ul><ul><li>Research for purpose of registration or quarantine </li></ul><ul><li>Food/feed requires tolerance, exemption, or destruction </li></ul><ul><li>Adverse environmental effects reported to WSDA </li></ul>
Learning Objective 5: Liability <ul><li>Only licensed persons can recommend, supervise applicators or apply pesticides </li></ul><ul><li>Applications in other states must be legal </li></ul><ul><li>Application recordkeeping required </li></ul><ul><li>WPS compliance required </li></ul><ul><li>Focus on safe and healthy working environments </li></ul><ul><li>Written approval required in advance of publishing client-based materials </li></ul>
Evaluation- Open comment <ul><li>Please share your comments about this training in the text box at the bottom right of your screen. </li></ul><ul><li>Or, tell us what topics you would like covered in future pesticide trainings of this type. </li></ul>