Louisiana Administrative Code

A. No person shall perform structural pest control work until licensed and permitted to do so by the commission. B. Each applicant for license shall possess one of the following qualifications in order to take the examination(s): 1. general pest control commercial vertebrate cont…

A. An application for examination for licensure may be made at any time by filing a complete application, on forms provided by the commission. B. A complete application for examination shall be filed in the commission office. C. Each applicant for examination shall pay a nonrefun…

D. The primary licensee shall be responsible for training the employee in the kind of work which he will perform. The training shall occur annually and meet or exceed the requirements set forth in 40 CFR 171.201. E. Maintenance of a commercial applicator certification by a licens…

A. Requirements of a Certified WDIR technician, prior to conducting WDIR inspections, are as follows: 1. shall be registered as a termite technician; and 2. complete department approved WDIR training; and 3. pass WDIR technician test with a score of 70 or greater. ; and 4. pay th…

A. The permittee or the primary licensee shall keep the bond and general liability insurance required under §107.F in full force and effect at all times. B. The permittee or the primary licensee shall renew the permit for operation for each business location annually prior to Jun…

A. The permittee or licensee shall enter into a written contract for termite control work with the property owner/agent employing him. The contract shall: 1. be in a form provided or approved by the commission; 2. guarantee performance for a period of not less than 1 year after t…

A. A wood destroying insect report approved by the commission shall be issued only for inspections made to determine the presence of wood destroying insects for acts of sale or refinance of structures. 1. A wood destroying insect report shall not be renewable or issued for any ot…

A. Any change in a licensee's status (e.g., death, retirement, prolonged illness, merger of companies, sale, change of ownership, etc.) shall be reported to the department, in writing, within 14 days after the change in status occurs by the permittee or primary licensee. B. When …

A. Upon written notice to the commission, any licensee may place his license on inactive status during any period of time when he will not be directly engaged in pest control work. B. Notice to the commission shall include the period for which inactive status is requested and any…

A. Stop Orders 1. An alleged violator of Structural Pest Control laws, rules, and regulations may be issued a written stop order to prevent possible future violations from occurring. 2. Enforcement of an issued stop order is not affected by failure to sign or accept. If an allege…

I. The licensee/registered employee may continue to work during any period of probationary status. J. The commission may place a licensee/registered employee on probationary status for one phase of pest control work for which he is licensed/registered without effect upon any othe…

A. A license or registration certification may be placed on probationary status only upon the affirmative vote of three members of the commission at an adjudicatory proceeding noticed and conducted as required under

A. A license/registration may be suspended/revoked by the commission: 1. only upon the unanimous vote of the commission; and 2. only for a violation of the Act or these rules and regulations sustained before the commission in an adjudicatory proceeding noticed and conducted as re…

A. During the course of their inspections, inspectors employed by the commission may take soil samples and/or chemical samples of tank mixes and/or rodenticide. B. Soil and chemical samples shall be properly marked to preserve a chain of custody record and shall be submitted to t…

A. A pest control operator shall not engage in any phase of structural pest control work for which he is not specifically licensed by the commission. B. No person engaged in the sale of products for the eradication of household pests or wood-destroying insects shall demonstrate s…

A. These rules and regulations do not apply to the application of pesticides for the control of agricultural pests. B. These rules and regulations do not apply to any person, firm, partnership, corporation, association or other organization or combination thereof engaged in the m…

A. Any citizen may file a complaint in writing against any pest control operator by contacting the commission’s office. B. Upon receipt of a written complaint, the commission staff shall: 1. conduct an investigation of the incident involved in the complaint; and 2. inform the pes…

A. All labels for products used for termite control work shall be registered by the EPA and the department and shall be approved by the commission prior to their use. 1. The department shall issue a listing of product labels approved by the commission for termite control work. Th…

A. Termiticide foam applications may be used as a supplemental treatment to approved liquid applications on treatments for the control, prevention or eradication of termites and other wood destroying insects.

A. General 1. This rule governs all fumigation of residential and commercial structures, ships, railcars, trucks, commodity containers and vaults within the state of Louisiana, including ships at anchor in rivers within the borders of Louisiana and ships at anchor within a 3-mile…

A. Upon promulgation of these rules and regulations, all rules and regulations of the commission adopted prior to the effective date of these rules and regulations shall be repealed.

A. All permittees, licensees, or registered persons shall implement a containment system for reuse or apply a pesticide waste immediately to a site of application per label and labeling. B. Handling Spills by Applicators 1. All spills of more than 1 gallon liquid or 4 pounds dry …

A. Storage Areas for Full or Partially Full Pesticides Containers 1. Pesticide containers shall be stored in a secure enclosure. 2. Pesticide containers shall be free of leaks. 3. The storage area shall be maintained in good condition, without unnecessary debris. B. Transportatio…

A. Pesticide containers shall be cleaned and disposed of according to the product label. B. Pesticide containers, ready for disposal, shall be stored in a secured area and shall be kept for no more than 90 days or 180 days if held for recycling. C. Rinsate from pesticide containe…

A. Containment structures shall meet all of the following requirements: 1. shall be constructed of steel, reinforced concrete or other rigid material capable of withstanding the full hydrostatic head and load of any substances, equipment and appurtenances placed on the structure;…

A. Existing containment pads shall: 1. intercept leaks and spills; and 2. have enough surface area to extend under containers on it; and 3. accommodate at least the portion of the vehicle where the hose or device couples to it, for transport vehicles delivering pesticide; and 4. …

A. Structural pest control operators licensed by the commission may donate, in accordance with this Section, structural pest control work to eligible individuals or organizations who otherwise could not afford such services in order to improve living conditions and their quality …

A. Any interested person may, pursuant to R.S. 49:964, request the commission to adopt, amend, or repeal a rule (rule change) that the commission has the authority to make. B. A request for a rule change shall be in writing and shall contain the following information: 1. a draft …

A. This rule provides for the filing and prompt disposition of requests for declaratory orders and rulings as to the applicability of any statutory provision or as to the applicability of any rule or order of the commission, as required by R.S. 49:977.4 and 49:968(D). B. A reques…

A. The employees of the state of Louisiana are among the state's most valuable resources, and the physical and mental well-being of these employees is necessary for them to properly carry out their responsibilities. Substance abuse causes serious adverse consequences to users, im…

A. This policy shall apply to all employees of DSS including appointees and all other persons having any employment relationship with this agency.

Controlled Substance―a drug, chemical substance or immediate precursor in Schedules I through V of R.S. 40:964 or Section 202 of the Controlled Substances Act (21 U.S.C. 812). Designer (Synthetic) Drugs―those chemical substances that are made in clandestine laboratories where the…

A. It shall be the policy of DSS to maintain a drug-free workplace and a workforce free of substance abuse. Employees are prohibited from reporting for work, performing work, or otherwise being on any duty status for DSS with the presence in their bodies of alcohol, illegal drugs…

A. DSS shall require alcohol/drug testing under the following conditions. 1. Reasonable Suspicion. Any employee shall be required to submit to an alcohol/drug test if there is a reasonable suspicion (as defined in this policy) that the employee is using illegal drugs or is under …

A. Alcohol/drug testing pursuant to this policy shall be conducted for the presence of any illegal drugs including, but not limited to, cannabinoids (marijuana metabolites), cocaine metabolites, opiate metabolites, phencyclidine, and amphetamines in accordance with the provisions…

A. All information, interviews, reports, statements, memoranda, and/or test results received by DSS through its alcohol/drug testing program are confidential communications, pursuant to R.S. 49:1012, and may not be used or received in evidence, obtained in discovery, or disclosed…

A. The Secretary of DSS is responsible for the overall compliance with this policy and shall submit to the Office of the Governor, through the Commissioner of Administration, a report on this policy and drug testing program; describing the process, the number of employees affecte…

A. Positive Test Result. All initial screening tests with positive results must be confirmed by a second more accurate test with the results reviewed by a medical review officer. Any breath test resulting in 0.08 alcohol concentration will be considered an initial positive result…

A. A candidate for one of the following positions will be required to pass a drug test before being placed in such a position, whether through appointment or promotion and employees who occupy these positions will be subject to random alcohol/drug testing. Louisiana Rehabilitatio…

A. On a yearly basis a percentage of all DSS employees in safety-sensitive or security-sensitive positions will be randomly drug-tested. One-twelfth of that number will be scheduled each month. 1. A computerized system will randomly select a designated number of employees. 2. Eac…

A. The Department of Economic Development is totally committed to deterring substance abuse or use which imperils the health and well-being of our employees and the citizens of this state. To accomplish this, DED hereby adopts these Substance Abuse and Drug-Free Workplace rules w…

A. These rules apply to all employees and appointees of this department, as well as potential employees, potential appointees (excluding appointed members of boards and commissions and individuals providing service to this department through a contract with a third party employer…

A. To maintain a safe and productive work environment, all DED employees are required to: 1. report for duty in the physical and emotional condition which maximizes his/her ability to perform assigned tasks in a competent and safe manner; 2. promptly and cooperatively submit to d…

A. All employees may be required to submit to drug and/or alcohol testing as a condition of employment, as a condition of continued employment, or as a condition of promotion, demotion, reassignment or detail to a safety-sensitive position. Whether announced or unannounced, tests…

A. Drug testing pursuant to these rules shall be for the presence of marijuana, opiates, cocaine, amphetamine/ methamphetamine and phencyclidine (PCP) in accordance with R.S. 49:1001 et seq. Testing shall be performed by a contractor chosen by the Office of State Purchasing, Divi…

A. Evidential Breath Testing Devices (EBT) approved by the National Highway Traffic Safety Administration will be used by certified Breath Alcohol Technicians to determine the presence of alcohol in the employee's system. B. The employee will be advised of the results of the brea…

A. The use of illegal drugs, unauthorized alcohol and other controlled or unauthorized substances will not be tolerated. Substance abuse endangers the health and well-being of our employees, prevents quality service to the public and is inconsistent with this department's mission…

A. All drug and alcohol testing results and records (including all information, interviews, reports and statements) are considered confidential communications, pursuant to R.S. 49:1012, and may not be used or received in evidence, obtained in discovery, or disclosed in any public…

A. Early recognition and treatment of drug abuse or dependency are essential to successful rehabilitation. Employees experiencing a substance abuse problem are encouraged to seek assistance from the department's EAP coordinator within the human resources division. Any such involv…

A. DED reserves the right to have a licensed physician, of its own choosing and at its own expense, determine if use of prescription medication produces effects which impair the employee's performance or increase the risk of injury to the employee or others. In such case, DED wil…