3.5 Ohio Recordkeeping & Reporting Requirements

3.5 Ohio Recordkeeping & Reporting Requirements

Records are the evidence that decides a drift complaint, a non-target injury claim, or an ODA inspection. Ohio's rule is OAC 901:5-11-10, adopted under ORC 921.16 and amplifying ORC 921.14. Failing to keep or maintain those records is a prohibited act under ORC 921.24(D).

Two things to unlearn from weaker study material: the rule is not 901:5-11-03 or 901:5-11-07, and the record is not due "within 24 hours" or "within 10 days." Ohio requires the record on the date of application.

Two Sets of Commercial Fields

Which fields you record depends on what you treated.

Set A - vertebrate animal control (category 7), structural pest control (category 10), and applications to structures and their contents

Record, in English, on the date of application:

1. Name of the responsible commercial applicator and the names of any trained servicepersons applying under that applicator's direct supervision
2. Name and address of the person contracting for service
3. Date of application
4. Pests to be controlled
5. Locations and methods of treatment for each pesticide used
6. Trade name (brand name) and EPA registration number of each pesticide used
7. Application concentration or dilution used for each pesticide and total volume applied
8. Time of day - the time the actual application started and the time it was completed, or, if uncompleted, when operations ceased for the day

Set B - all other pesticide applications

Record, in English, on the date of application:

1. Name of the responsible commercial applicator and names of trained servicepersons under direct supervision
2. Name and address of the person contracting for service
3. Date of application
4. Type and size of area to be treated
5. Location or field identification number of the treatment area, if different from the contracting address
6. Trade name and EPA registration number of pesticides used
7. Total amount of each pesticide product used
8. If diluted, total volume of use dilution applied
9. Type of equipment used, and time of day of application including start and completion (or cessation)
10. Wind direction, velocity, and air temperature

Note the difference: outdoor, non-structural work requires the weather trio - wind direction, wind velocity, and air temperature. Structural work does not, but it does require the pests targeted, the treatment methods and locations, and the concentration or dilution.

Termite-Specific Records

901:5-11-10(A)(3) requires that before applying pesticides or monitoring devices to structures for termite control or monitoring, the applicator create a detailed drawing of the footprint of the structure, including linear dimensions and, for liquid termiticide applications, the depth to footer on all exterior walls.

901:5-11-10(A)(4) covers bait and monitoring devices: on the date of installation and at each subsequent monitoring, record the applicator and trained serviceperson names, the customer name and address, the date, the product trade name and EPA registration number, the total number of devices installed or monitored, and the status of termite activity in each device.

Submission, Customer Copies, and Retention

Private Applicator Records

901:5-11-10(E) requires a private applicator to record, on the date of application: the responsible private applicator's name and license number; the brand or product name and EPA registration number of the restricted use pesticide applied; the total amount applied; the location or field number and total area or acreage treated; the crop treated; and the month, day, and year.

The private applicator submits a copy to the employer on the date of application where applicable, and retains the record three years. On leased or rented crop sites, the record must be made available to the landowner or the landowner's agent within thirty days of a request. Private applicators must also keep these records for both restricted and general use pesticides applied under the ORC 921.26(D) exemption.

Dealer Records

901:5-11-10(D) requires restricted use pesticide dealers to keep a sales record at the registered location including the applicator's name, license number and pesticide-use categories, the brand name and quantity, the EPA registration number and dealer invoice number, the date of sale, and the receiving person's name if different. Records are kept no less than three years. Dealers compile an annual report for the July 1 - June 30 period and retain it three years; ODA has announced that dealers are no longer required to annually submit that report to the department, though the on-site record and report obligations remain.

Practical Habits That Survive an Inspection

• Write the record in the truck at the site, not at the end of the week. The rule's "on the date of application" language leaves no room for a Friday catch-up.
• Record wind direction and velocity and air temperature on every outdoor job, even where the label is silent - Ohio requires it for Set B applications.
• Keep an anemometer and a thermometer in the vehicle so the numbers are measured rather than estimated.
• Never alter a record after the fact. ORC 921.24(I) makes false or fraudulent records a prohibited act, and ORC 921.24(P) escalates false inspection statements to a felony on a repeat offense.