Healthy Schools Act New Training Requirement Regarding Integrated Pest Management and Pesticide Use (K-12)

Effective July 1, 2016, California K-12 public schools and child care programs must ensure that any person who, in the course of his or her work, intends to apply a “pesticide” at a “school site” completes annual training of at least one hour in Integrated Pest Management (“IPM”) and the safe use of pesticides. Therefore, school district staff, child care staff, and any other unlicensed individuals using pesticides at a school site or child care center must take a training course each year. Licensed pesticide applicators must take a training course once during each renewal period.

LEGAL UPDATE

August 22, 2016

To:  Superintendents, Member School Districts (K-12)

From: Monica D. Batanero, Associate General Counsel

Subject:  Healthy Schools Act New Training Requirement Regarding Integrated Pest Management and Pesticide Use

Memo No. 25-2016

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Effective July 1, 2016, California K-12 public schools and child care programs must ensure that any person who, in the course of his or her work, intends to apply a “pesticide” at a “school site” completes annual training of at least one hour in Integrated Pest Management (“IPM”) and the safe use of pesticides.[1]  Therefore, school district staff, child care staff, and any other unlicensed individuals using pesticides at a school site or child care center must take a training course each year.  Licensed pesticide applicators must take a training course once during each renewal period.

TIP:  You should include a provision in your contracts with licensed pesticide applicators that they have completed the required IPM training under the Healthy Schools Act.

“Any person” includes the IPM coordinator designated by the school site, people hired to apply pesticides, school district/center employees and volunteers.  Some examples include: 

• Custodians using a disinfectant to clean a bathroom;
• Cafeteria workers using a bleach solution to sanitize dishes or disinfect counters;
• Groundskeepers using weed and feed (herbicide) on a lawn;
• Maintenance workers placing ant bait stations outside;
• Preschool teachers disinfecting a diaper changing table; and
• Teachers cleaning desks with disinfecting wipes.

“Pesticide” is broadly defined to include insecticides, herbicides, rodenticides, repellants, disinfectants and fungicides.[2] However, there are some exclusions including:

• Over-the-the counter and prescription treatments for head lice;
• Cosmetics and similar products (including anti-bacterial soaps and lotions, and antifungal creams) intended to be applied to the human body;
• Fertilizers, nutrients and other substances used to promote plant survival and health;
• Biological control agents, except for microorganisms (biological control agents include beneficial predators, such as birds or ladybugs that eat insect pests); and
• Certain products that contain low-risk ingredients, such as garlic and cedar.

For more information on the definition of “pesticide,” see the “A-Z Index,” “Section 25b – Exempted pesticide products”[3] at www.cdpr.ca.gov.

“School site” means any facility used as a child care facility[4] or for kindergarten, elementary, or secondary school purposes and includes buildings or structures, playgrounds, athletic fields, vehicles, or any other area of property visited or used by pupils.[5]

The annual training must be provided by the California Department of Pesticide Regulation (“CDPR”) or an agent authorized by the CDPR.  CDPR has developed free, online training courses to meet the new training requirement.[6]  Staff members who use disinfectants and sanitizers should take the “basic” course and staff members who apply herbicides, insecticides, and rodenticides should take the “advanced” course. 

A CDPR representative confirmed that if a staff member takes the online training, a certificate will populate at the end of the course upon completion of a quiz and quick course experience survey (the survey is not optional) and that the district should keep these certificates on file.

If a school district orders a group training kit to train large groups at one time, CDPR will send a master copy of the certificate of completion along with the course materials.  The school district can make as many copies as needed of the certificate of completion and fill in the names of the trained staff.  The school district must keep these certificates of completion on file.

Please contact our office with questions regarding this Legal Update or any other legal matter.

The information in this Legal Update is provided as a summary of law and is not intended as legal advice.  Application of the law may vary depending on the particular facts and circumstances at issue.  We, therefore, recommend that you consult legal counsel to advise you on how the law applies to your specific situation.

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