Title: ADA Considerations in Applicator Certification
Addressed By Revised 40 CFR Party 171: No
Excerpt: Purpose: The purpose of this paper is to provide information about the Americans with Disabilities Act (ADA) in the context of the applicator certification exam process. This paper does not deal specifically with applicator training or recertification programs, although the ADA may apply in those situations as well
Background: The Americans with Disabilities Act (ADA)1 protects people from discrimination based on a disability. Although many people consider the ADA a law related to discrimination in employment, it also applies to government-administered programs accessible to the public. The law has a specific section related to public services, which include state and local governments. States must ensure that the process for developing and administering applicator certification programs is consistent with the ADA and maintains a consistent level of protection for human health and the environment.
Who is covered?: The ADA prohibits discrimination based on a disability by public entities. The ADA definition of public entities includes “any State or local government [and] any department, agency, special purpose district, or other instrumentality of a State or local government.” The ADA specifically covers licensing programs administered by state and local governments. This means that pesticide applicator certification/licensing programs are covered by the ADA. Disabilities covered by the ADA may be mental/cognitive or physical…