H. B. 2471
(By Mr. Speaker, Mr. Chambers, and Delegate Manuel)
[Introduced February 14, 1995; referred to the
Committee on Education.]
A BILL to amend article two, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
thirty-two; to amend article five of said chapter by adding
thereto a new section, designated section nine-b; and to
amend article two-b, chapter forty-nine by adding thereto a
new section, designated section seventeen, all relating to
integrating pest management standards in schools and day
care centers.
Be it enacted by the Legislature of West Virginia:
That article two, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirty-two; to amend article five of said chapter by adding
thereto a new section, designated section nine-b; and to amend article two-b, chapter forty-nine by adding thereto a new
section, designated section seventeen, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-32. Integrated pest management standards in schools.
(a) For the purposes of this section, integrated pest
management means a range of pest control activities, including
monitoring, prevention and pest population reduction through
mechanical, physical, chemical, cultural and biological means,
that are integrated with knowledge of pest biology and
site-specific factors to prevent pest damage or threats to human
health and safety while optimizing human health and environmental
quality.
(b) The board shall, on or before the first day of January,
one thousand nine hundred ninety-six, establish standards for an
integrated pest management program for the use of pesticides,
herbicides, and other chemical agents, and biological, cultural
and physical controls to manage rodents, insects, weeds and other
pests at school buildings and other facilities of schools. The
board may contract with the department of agriculture or an
institution of higher education for the services of an expert in
integrated pest management to consult with the board, the staff,
pest control operators, pesticide applicators and the general public regarding integrated pest management standards and
techniques for meeting those standards. The standards shall
specify at a minimum the following:
(1) Schools shall use the least hazardous method available
to control pests;
(2) Pesticides shall only be applied when monitoring
indicates pest infestations are present;
(3) Pesticides may be applied to a school building or on
grounds only during periods in which students are not expected to
be present for normal academic instruction or organized
extracurricular activities for at least twelve hours after
application;
(4) All pesticide applicators shall be trained and certified
in proper methods of pesticide application as specified in
article sixteen-a, chapter nineteen of this code;
(5) Schools shall maintain a list of the pesticides approved
for use in that school, as well as labels and appropriate
information sheets for each pesticide, and shall inform the
parents or legal guardians of the students attending the school
that information on the application of pesticides is available at
the request of the parent or guardian; and
(6) Pesticides may not be stored in buildings where normal
academic instruction or organized extracurricular activities take
place.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-9b. Integrated pest management programs in schools.
(a) Each county board of education shall, on or before the
first day of July, one thousand nine hundred ninety-six, adopt an
integrated pest management program for all schools under their
control that incorporates the standards established by the state
board of education. The program shall contain at a minimum the
following:
(1) A list of the facilities covered;
(2) A list of approved pesticides;
(3) Procedures for notification of employees and parents of
students prior to the application of pesticides in the schools;
(4) A hierarchy of methods to achieve pest control using
the least hazardous available method; and
(5) Procedures for keeping pest control use records.
(b) The integrated pest management program should include
a description of the habits and biology of common pests,
procedures and schedules for pest monitoring, thresholds for
initiating control actions, and procedures for training and
certification of personnel conducting the program. The plan may
include provisions for emergency treatments in the localized area
of infestation when there is an imminent threat to health or
property or an infestation is imminent.
CHAPTER 49. CHILD WELFARE.
ARTICLE 2B. DUTIES OF COMMISSIONER OF HUMAN SERVICES FOR CHILD
WELFARE.
§49-2B-17. Integrated pest management in day care centers.
(a) For the purposes of this section, integrated pest
management means a range of pest control activities, including
monitoring, prevention and pest population reduction through
mechanical, physical, chemical, cultural and biological means,
that are integrated with knowledge of pest biology and
site-specific factors to prevent pest damage or threats to human
health and safety while optimizing human health and environmental
quality.
(b) The Commissioner shall establish standards for an
integrated pest management program for the use of pesticides,
herbicides, and other chemical agents, and biological, cultural
and physical controls to manage rodents, insects, weeds and other
pests at day care centers. The commissioner may contract with
the department of agriculture or an institution of higher
education for the services of an expert in integrated pest
management to consult with the commissioner, the department, pest
control operators, pesticide applicators, staff at day care
centers and the general public regarding integrated pest
management standards and techniques for meeting those standards. The standards shall specify at a minimum the following:
(1) Day care centers shall use the least hazardous method
available to control pests;
(2) Pesticides shall only be applied when monitoring
indicates pest infestations are present;
(3) Pesticides may be applied to a building or on grounds
only during periods in which students are not expected to be
present for day care activities for at least twelve hours after
application;
(4) All pesticide applicators shall be trained and certified
in proper methods of pesticide application as specified in
article sixteen-a, chapter nineteen of this code;
(5) Day care centers shall maintain a list of the pesticides
approved for use in that school, as well as labels and
appropriate information sheets for each pesticide, and shall
inform the parents or legal guardians of the children attending
the day care center that information on the application of
pesticides is available at the request of the parent or guardian;
and
(6) Pesticides may not be stored in buildings where day care
activities take place.
(c) Each day care center shall, on or before, the first day of July, one thousand nine hundred ninety-six, adopt an
integrated pest management program for all buildings and grounds
under their control that incorporates the standards established
by the commissioner. The program shall contain at a minimum the
following:
(1) A list of the facilities covered;
(2) A list of approved pesticides;
(3) Procedures for notification of employees and parents of
children prior to the application of pesticides at the day care
center;
(4) A hierarchy of methods to achieve pest control using the
least hazardous available method; and
(5) Procedures for keeping pest control use records.
(d) The integrated pest management program should include a
description of the habits and biology of common pests, procedures
and schedules for pest monitoring, thresholds for initiating
control actions and procedures for training and certification of
personnel conducting the program. The plan may include
provisions for emergency treatments in the localized area of
infestation when there is an imminent threat to health or
property or an infestation is imminent.
NOTE: The purpose of this bill is to integrate pest
management standards in schools and in day care centers.
Section thirty-two, article two, chapter eighteen; section
nine-b, article five, chapter eighteen; and section seventeen,
article two-b, chapter forty-nine are new; therefore,
strike-throughs and underscoring have been omitted.