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Title: Regulations Governing the Employment of Environmental Agent Professional Technicians CH
Amended Date: 2016-06-29
Category: Environmental Protection Administration(行政院環境保護署)
Article 1
These Regulations are hereby enacted pursuant to Paragraph 2, Article 19 of the Environmental Agents Control Act (hereinafter referred to as the Act).
Article 2
Environmental agent professional technicians can be split into three categories, namely environmental agent manufacturer professional technicians, environmental agent vendor professional technicians, and pest control operator professional technicians, and the positions shall be held by those having passed training of and obtained a certificate from the central competent authority.
Article 3
Environmental agent manufacturers shall establish at least one dedicated environmental agent manufacturer professional technician. Environmental agent vendors shall establish at least one dedicated environmental agent vendor professional technician. Pest control operators shall establish at least one dedicated pest control operator professional technician.
For an environmental agent manufacturer that concurrently operates an environmental agent vendor at the same venue, the established environmental agent manufacturer professional technician may concurrently hold the position as an environmental agent vendor professional technician.
Environmental agent vendors may establish those that have obtained an environmental agent manufacturer professional technician certificate as environmental agent vendor professional technicians.
Article 4
Environmental agent manufacturer professional technicians shall perform the following duties:
1. Sanitation and management of plant areas and manufacturing sites;
2. Supervision of manufacturing process;
3. Supervision at the site during the manufacturing of environmental agents;
4. Supervision of the management of technical grade environmental agents, semi-finished, and finished products;
5. Handle the production of various records in accordance with the provisions of Article 24 of the Act, sign or seal the record after confirming that the content is correct;
6. When accidents that pollute the environment or endanger the ecology or human health occur, assist in taking emergency prevention and control measures and assist in the handling the duties of reporting to the special municipality, county, or city competent authority where the accident occurred, and shall assist in the management operations of cleanup and restoration; and
7. Management matters related to environmental agent manufacturing.
Article 5
Environmental agent vendor professional technicians shall perform the following duties:
1. Management of safety, sanitation, and protection of environmental agent vending venues;
2. Provide advisory channels for environmental agent usage precautions;
3. Handle the production of various records in accordance with the provisions of Article 24 of the Act, sign or seal the record after confirming that the content is correct;
4. When accidents that pollute the environment or endanger the ecology or human health occur, assist in taking emergency prevention and control measures and assist in handling the duties of reporting to the special municipality, county, or city competent authority where the accident occurred, and shall assist in the management operations of cleanup and restoration; and
5. Management matters related to environmental agent vending.
Article 6
Pest control operator professional technicians shall perform the following duties:
1. Supervision of the maintenance and management of agent application equipment and safety equipment;
2. Produce pest control implementation plans;
3. Management of environmental agent dilution and usage;
4. Supervision at the application site when pest control business is being performed;
5. Handle the production of various records in accordance with the provisions of Article 24 of the Act, sign or seal the record after confirming that the content is correct;
6. When accidents that pollute the environment or endanger the ecology or human health occur, assist in taking emergency prevention and control measures and assist in handling the duties of reporting to the special municipality, county, or city competent authority where the accident occurred, and shall assist in the management operations of cleanup and restoration; and
7. Management matters related to pest control.
Article 7
Environmental agent manufacturers, environmental agent vendors, and pest control operators shall submit the certificates, position establishment application forms, and letters of consent for inquiry on labor protection and health care information of environmental agent professional technicians to the special municipality, county, or city competent authority for approval.
When there are changes to the pest control operator professional technician, the enterprise shall re-apply for approval through the original application authority within 15 days after the event has occurred in accordance with the provisions of the previous paragraph.
When, for some reason, the environmental agent manufacturer or environmental agent vendor professional technician position is vacant or if the technician is not able to perform duties, the enterprise shall immediately appoint an employee who has obtained a certificate of said category to act on behalf of the technician and shall report the situation to the special municipality, county, or city competent authority within 15 days. The acting period may not exceed three months; however, those who have reported to the special municipality, county, or city competent authority for approval and obtained approval can extend the period to six months. Before the acting period expires, re-application for approval shall be done in accordance with the provisions of Paragraph 1.
Article 8
When an environmental agent professional technician resigns, the enterprise shall report to the special municipality, county, or city competent authority within two months from the day after the resignation.
Article 9
Environmental agent manufacturers, environmental agent vendors, or pest control operators shall establish environmental agent professional technicians at the factories, companies, or registered business venues and said environmental agent professional technicians shall be full-time personnel.
The full-time personnel in the previous paragraph shall refer to the environmental agent professional technician bearing responsibility for various requisite duties that professional technicians shall perform on site during the manufacturing of environmental agents, the vending of environmental agents, and the engagement of pest control work.
The environmental agent professional technicians established by environmental agent manufacturers, environmental agent vendors, or pest control operators may not concurrently hold a dedicated (full-time) personnel position as set by laws and regulations other than the laws and regulations related to environmental protection. However, an environmental agent vendor professional technician concurrently holding a position as an agro-pesticide administrative personnel and a pest control operator professional technician concurrently holding a position as an agro-pesticide spraying service technician are not under this restriction.
Article 10
Those who have obtained an environmental agent professional technician certificate and have not been established as an environmental agent professional technician in accordance with the law for three consecutive years or more shall complete re-training in accordance with the provisions of the central competent authority within six months from the day after reporting for duty.
Environmental agent enterprises may not refuse, evade, or interfere with their established professional technicians in participating in the on-the-job training or re-training.
Environmental agent enterprises shall submit the training documents of environmental agent professional technicians to the special municipality, county, or city competent authority for recordation within 15 days after having established the environmental agent professional technicians in Paragraph 1 for six months.
If an environmental agent enterprise does not complete the recordation within the time period provided in the previous paragraph, the special municipality, county, or city competent authority shall revoke the establishment approval of said professional technicians. The environmental agent enterprise shall re-apply for approval in accordance with the provisions of Paragraph 1, Article 7.
The re-training in Paragraph 1 shall refer to the employment orientation training of Article 22 of the Environmental Protection Dedicated and Technical Personnel Training Management Regulations.
Article 11
Aside from Paragraph 3, Article 7, which will take effect on July 1, 2017, these Regulations shall take effect from the date of promulgation.