W. Va. Code R. § 61-12A-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 61-12A-6 - Certification Standards for Pesticide Applicators

6.1. General Standards for private and commercial applicators. All applicators shall demonstrate a practical knowledge of the principles and practices of pest control and safety in the use of pesticides. The commissioner shall base a determination of competency on an examination addressing the following areas:

6.1.a. Label and labeling comprehension. Familiarity with pesticide labels and labeling and their functions, including the following:

6.1.a.A. the general format and terminology of labels and labeling;

6.1.a.B. understanding instructions warnings, terms, symbols, and other information commonly appearing on pesticide labels and labeling;

6.1.a.C. understanding that it is a violation of federal law to use any registered pesticide in a manner inconsistent with its labeling;

6.1.a.D. understanding when a certified applicator must be physically present at the site of the application based on labeling requirements;

6.1.a.E. understanding labeling requirements for supervising non-certified applicators working under the direct supervision of a certified applicator;

6.1.a.F. understanding that applicators shall comply with all use restrictions and directions for use contained in pesticide labels and labeling, including being certified in the certification category appropriate to the type and site of the application;

6.1.a.G. understanding the meaning of product classification as either general or restricted use and that a product may be unclassified;

6.1.a.H. understanding and complying with product-specific notification requirements; and

6.1.a.I. recognizing and understanding the difference between mandatory and advisory labeling language.

6.1.b. Safety Measures to avoid or minimize adverse health effects, including the following:

6.1.b.A. understanding the different natures of the risks of acute toxicity and chronic toxicity, as well as the long-term effects of pesticides;

6.1.b.B. an understanding that a pesticide's risk is a function of exposure and the pesticide's toxicity;

6.1.b.C. recognition of likely ways in which dermal, inhalation, and oral exposure may occur;

6.1.b.D. common types and causes of pesticide mishaps;

6.1.b.E. precautions to prevent injury to applicators and other individuals in or near treated areas;

6.1.b.F. need for, and proper use of, protective clothing and personal protective equipment;

6.1.b.G. symptoms of pesticide poisoning;

6.1.b.H. first aid and other procedures to be followed in case of a pesticide mishap; and

6.1.b.I. proper identification, storage, transport, handling, mixing procedures, and disposal methods for pesticides and used pesticide containers, including precautions to be taken to prevent children from having access to pesticides and pesticide containers.

6.1.c. Environment. The potential environmental consequences of the use and misuse of pesticides, including the influence of the following:

6.1.c.A. weather and other indoor and outdoor climatic conditions;

6.1.c.B. types of terrain, soil, or other substrate;

6.1.c.C. presence of fish, wildlife, and other non-target organisms; and

6.1.c.D. drainage patterns;

6.1.d. Pests. the proper identification and effective control of pests, including the following:

6.1.d.A. the importance of correctly identifying target pests and selecting the proper pesticide product(s) for effective pest control; and

6.1.d.B. verifying that the labeling does not prohibit the use of the product to control the target pest(s);

6.1.e. Pesticides Characteristics of pesticides, including the following:

6.1.e.A. types of pesticides,

6.1.e.B. types of formulations,

6.1.e.C. compatibility, interaction, persistence, and animal and plant toxicity of the formulations.

6.1.e.D. hazards and residues associated with use;

6.1.e.E. factors that influence effectiveness or lead to problems such as pesticide resistance; and

6.1.e.F. dilution procedures.

6.1.f. Equipment. Application equipment, including the following:

6.1.f.A. types of equipment and advantages and limitations of each type; and

6.1.f.B. use, maintenance, and calibration procedures.

6.1.g. Application methods. Selecting appropriate application methods, including the following:

6.1.g.A. methods used to apply various forms and formulations of pesticides;

6.1.g.B. knowledge of which application method to use in a given situation and that use of a fumigant requires additional certification;

6.1.g.C. how selection of application method and use of a pesticide may result in proper use, unnecessary or ineffective use, and misuse; and

6.1.g.D. prevention of drift and pesticide loss into the environment.

6.1.h. Laws and regulations. Knowledge of all applicable State, Tribal, and Federal laws and regulations, including understanding the Worker Protection Standard 40 CFR part 170 and the circumstances where compliance is required.

6.1.i. Responsibilities of supervisors of non-certified applicators. Knowledge of the responsibilities of certified applicators supervising non-certified applicators, including the following:

6.1.i.A. understanding and complying with requirements in Section 8 of this rule for certified commercial applicators who supervise non-certified applicators using RUPs;

6.1.i.B. the recordkeeping requirements of pesticide safety training for non-certified applicators who use RUPs under the direct supervision of a certified applicator;

6.1.i.C. providing use-specific instructions to non-certified applicators using RUPs under the direct supervision of a certified applicator; and

6.1.i.D. explaining pertinent state, tribal, and federal laws and regulations to non-certified applicators who use RUPs under the direct supervision of a certified applicator.

6.1.j. Stewardship and Professionalism. Understanding the importance of the following:

6.1.j.A. maintaining chemical security for RUPs;

6.1.j.B. how to communicate information about pesticide exposures and risks with customers and the public, workers and handlers and other persons; and

6.1.j.C. appropriate product stewardship for certified applicators.

6.2. Specific Standards of Private Applicator. Private applicators shall demonstrate by written examination the skills and knowledge specific to their category of certification. The importance of the demonstration is amplified by the use of pesticides on extensive areas, the quantities of pesticide needed and the ultimate use of many agricultural commodities as food and fuel.

6.2.a. Agricultural Pest Control. As a minimum requirement a private applicator in this category must demonstrate by written examination a practical knowledge of the pest problems and pest control practices associated with his or her agricultural operation and his or her related legal responsibility. This demonstration of knowledge shall include:

6.2.a.A. the recognition of the common pests to be controlled and damage caused by them;

6.2.a.B. the ability to read and understand the pesticide label and labeling information - including the common name of pesticides he or she applies; the pests to be controlled; the timing and methods of application; safety precautions; any preharvest or reentry restrictions; and specific disposal procedures;

6.2.a.C. the ability to apply pesticides in accordance with label instructions and warnings, including the ability to prepare the proper concentration of pesticide to be used under particular circumstances taking into account such factors as the area to be covered, the speed at which application equipment will be driven and the quantity dispersed in a given period of operation;

6.2.a.D. the ability to recognize local environmental situations that must be considered during pesticide application to avoid contaminations;

6.2.a.E. the ability to recognize poisoning symptoms and the procedures to follow in case of a pesticide accident; and

6.2.a.F. a practical knowledge concerning relevant soil and water problems, preharvest intervals, reentry intervals, phytotoxicity, pesticide toxicity, residue potential and the potential for environmental contamination and non-target injury.

6.2.a.G. the ability to understand specific pesticide toxicity and residue potential when pesticides are applied to animal or animal product agricultural commodities.

6.2.a.H. practical knowledge of the relative hazards associated with using pesticides on animals or places in which animals are confined based on formulation, application technique, age of animal, stress, and extent of treatment.

6.2.b. General Fumigation. Applicators shall demonstrate practical knowledge of General Fumigation for commercial applicators as outlined in paragraph 6.3.h.C of this rule ("General Fumigation").

6.3. Specific standards for commercial applicators. All commercial applicators shall demonstrate skills and knowledge specific to their desired category of certification in addition to the general requirements set forth in subsection 6.1 of this rule. The specific standards set forth in this section are applicable to the commercial applicator categories and subcategories of certification specified in sub-section 4.2 of this rule.

6.3.a. Agricultural Plant Pest Control. Applicators shall demonstrate practical knowledge of crops, grasslands, and non-crop agricultural lands and the specific pests of those areas on which they may be using RUPs. The importance of such competency is amplified by the extensive areas involved, the quantities of pesticides needed, and the ultimate use of many commodities as food and feed. The required knowledge includes pre-harvest intervals, restricted entry intervals, phytotoxicity, potential for environmental contamination such as soil and water problems, non-target injury, and other problems resulting from the use of RUPs in agricultural areas. The required knowledge also includes the potential for phytotoxicity due to a wide variety of plants to be protected, for drift, for persistence beyond the intended period of pest control, and for non-target exposures.

6.3.b. Agricultural Animal Pest Control. Applicators applying pesticides directly to animals shall demonstrate a practical knowledge of the animals in this State and their associated pests. An applicator must also have a practical knowledge concerning specific pesticide toxicity and residue potential, since host animals will frequently be used for food. Further, the applicator must know the relative hazards associated with such factors as formulation, application techniques, the age of the animal, stress and the extent of treatment.

6.3.c. Forest Pest Control. Applicators shall demonstrate a practical knowledge of the types of forests, forest nurseries and seed production in this State and the pests involved. They shall possess a practical knowledge of the cyclic occurrence of certain pests and specific population dynamics as a basis for programming pesticide applications. An applicator must have a practical knowledge of the relative biotic agents and their vulnerability to the pesticides to be applied. The applicator shall demonstrate a practical knowledge of secondary problems such as unintended effects on wildlife. An applicator must demonstrate the proper use of specialized equipment especially as it may relate to meteorological factors and adjacent land use. The required knowledge also includes the potential for phytotoxicity due to a wide variety of plants to be protected, for drift, for persistence beyond the intended period of pest control, and for non-target exposures.

6.3.d. Ornamental and Turf Pest Control. Applicators shall demonstrate practical knowledge of pesticide problems associated with the production and maintenance of ornamental plants and turf. The required knowledge includes the potential for phytotoxicity due to a wide variety of plants to be protected, for drift, for persistence beyond the intended period of pest control, and for non-target exposures. Because of the frequent proximity of human habitations to application activities, applicators in this category shall demonstrate practical knowledge of application methods that will minimize or prevent hazards to humans, pets, and other domestic animals.

6.3.e. Seed Treatment. Applicators shall demonstrate practical knowledge including recognizing types of seeds to be treated, the effects of carriers and surface-active agents on pesticide binding and germination, the hazards associated with handling, sorting and mixing, and misuse of treated seed, the importance of proper application techniques to avoid harm to non-target organisms, and the proper disposal of unused treated seeds.

6.3.f. Aquatic Pest Control. Applicators shall demonstrate a practical knowledge of the types of secondary effects which can be caused by improper application rates, incorrect formulations, and the faulty application of RUPs used in this category. They shall demonstrate a practical knowledge of various water use situations and the potential of downstream effects of pesticides on plants, fish, birds, beneficial insects, and other organisms which may be present in aquatic environments. These applicators shall demonstrate a practical knowledge of the principles of limited area application.

6.3.g. Right-of-Way/Industrial Weed Control. Applicators shall demonstrate a practical knowledge of a wide variety of environments, since rights-of-way can traverse many different terrains, including waterways. They shall demonstrate a practical knowledge of problems of runoff, drift and excessive foliage destruction and the ability to recognize target organisms. They shall also demonstrate a practical knowledge of the mode of action of herbicides and the need for containment of these pesticides within the right-of-way area, and the impact of their application activities in the adjacent areas and communities. The required knowledge also includes the potential for phytotoxicity due to a wide variety of plants and pests to be controlled, and for persistence beyond the intended period of pest control.

6.3.h. Industrial, Institutional, Structural and Health Related Pest Control.

6.3.h.A. General. Applicators shall demonstrate a practical knowledge of the control of pests in and around structures excluding fumigation and wood destroying pests. Applicators shall demonstrate a practical knowledge of household type pests, such as cockroaches, ants, silverfish, spiders, food and fabric insects, rats, bats, and other occasional invaders, that infest structures, stored products and food preparation areas, such as kitchens, cafeterias or snack bars. They shall demonstrate a knowledge of conditions conducive to pest infestations and the selection of appropriate control procedures for each situation. Applicators shall demonstrate a knowledge of the hazards involved with pesticide usage.

6.3.h.B. Structural. Applicators shall demonstrate a practical knowledge of wood destroying organisms, such as beetles, termites, and fungi in and around structures, including recognizing those pests and signs of their presence, their habitats, their life cycles, biology, and behavior as it may be relevant to problem identification and control. Applicators shall demonstrate practical knowledge of types of formulations appropriate for control of these pests, and methods of application that avoid contamination of food, minimize damage to and contamination of areas treated, minimize acute and chronic exposure of people and pets, and minimize environmental impacts of outdoor applications.

6.3.h.C. General Fumigation. Applicators shall demonstrate practical knowledge of the pest problems and pest control practices associated with performing soil and non-soil fumigation applications, including the following:

6.3.h.C.1. Label and labeling comprehension. Familiarity with the pesticide labels and labeling for products used to perform soil and non-soil fumigation, including the following:

6.3.h.C.1.a. Labeling requirements specific to soil and non-soil fumigants.

6.3.h.C.1.b. Requirements for certified applicators of fumigants, fumigant handlers and permitted fumigant handler activities, and the safety information that certified applicators shall provide to non-certified applicators using fumigants under the direct supervision of certified applicators.

6.3.h.C.1.c. Entry-restricted periods for tarped and untarped field application scenarios.

6.3.h.C.1.d. Recordkeeping requirements.

6.3.h.C.1.e. Labeling provisions unique to fumigant products containing certain active ingredients.

6.3.h.C.1.f. Labeling requirements for fumigant management plans (FMP), such as when a FMP shall be in effect, how long it shall be kept on file, where it shall be kept during the application, and who shall have access to it; the elements of a FMP and resources available to assist the applicator in preparing a FMP is accurate; and the elements, purpose and content of a post-application summary, who shall prepare it and when it shall be completed.

6.3.h.C.2. Safety. Measures to minimize adverse health effects, including the following:

6.3.h.C.2.a. Understanding how certified applicators, non-certified applicators using fumigants under direct supervision of certified applicators, field workers, handlers, and bystanders can become exposed to fumigants.

6.3.h.C.2.b. Common problems and mistakes that can result in direct exposure to fumigants.

6.3.h.C.2.c. Signs and symptoms of human exposure to fumigants.

6.3.h.C.2.d. Air concentrations of a fumigant that require that applicators or handlers wear respirators or exit the work area entirely.

6.3.h.C.2.e. Steps to take if a fumigant applicator or person using a fumigant experiences sensory irritation.

6.3.h.C.2.f. Understanding air monitoring, when it is required, and where and when to take samples.

6.3.h.C.2.g. Buffer zones, including procedures for buffer zone monitoring and who is permitted to be in a buffer zone.

6.3.h.C.2.h. First aid measures to take in the event of exposure to a soil or non-soil fumigant.

6.3.h.C.2.i. Labeling requirements for transportation, storage, spill clean up, and emergency response for soil and non-soil fumigants, including safe disposal of containers and contaminated materials (including soil), and management of empty containers.

6.3.h.C.3. Soil and non-soil fumigant chemical characteristics. Characteristics of soil and non-soil fumigants, including the following:

6.3.h.C.3.a. Chemical characteristics of soil and non-soil fumigants.

6.3.h.C.3.b. Specific human exposure concerns for soil and non-soil fumigants.

6.3.h.C.3.c. How soil and non-soil fumigants change from a liquid or solid to a gas.

6.3.h.C.3.d. How soil and non-soil fumigants disperse in the application zone.

6.3.h.C.3.e. Compatibility concerns for tanks, hoses, tubing, and other equipment.

6.3.h.C.4. Application. Selecting appropriate application methods and timing, including the following:

6.3.h.C.4.a. Application methods, including but not limited to water-run and non-water-run applications, and equipment commonly used for each soil and non-soil fumigant.

6.3.h.C.4.b. Site characteristics that influence fumigant exposure.

6.3.h.C.4.c. Understanding temperature inversions and their impact on soil fumigant application.

6.3.h.C.4.d. Weather conditions that could impact timing of soil and non-soil fumigant application, such as air stability, air temperature, humidity, and wind currents, and labeling statements limiting applications during specific weather conditions.

6.3.h.C.4.e. Conducting pre-application inspection of application equipment and site to be fumigated.

6.3.h.C.4.f. Understanding the purpose and methods of sealing site (soil and non-soil) to be fumigated, including the factors that determine which sealing method to use.

6.3.h.C.4.g. Understanding the use of tarps, including the range of tarps available, how to seal tarps, and labeling requirements for tarp removal, tarp perforation, and tarp repair.

6.3.h.C.4.h. Calculating the amount of product required for a specific treatment area.

6.3.h.C.4.i. Understanding the basic techniques for calibrating soil and non-soil fumigant application equipment.

6.3.h.C.4.j. Understanding when to conduct air monitoring, how to conduct air monitoring and when air monitoring is required.

6.3.h.C.5. Soil and pest factors. Soil and pest factors that influence fumigant activity, including the following:

6.3.h.C.5.a. Influence of soil factors on fumigant volatility and movement within the soil profile.

6.3.h.C.5.b. Influence of pest factors on fumigant volatility.

6.3.h.C.5.c. Factors that influence gaseous movement through the area being fumigated (including the soil profile) and into the air.

6.3.h.C.5.d. Soil characteristics, including how soil characteristics affect the success of a soil fumigant application, assessing soil moisture, and correcting for soil characteristics that could hinder a successful soil fumigant application.

6.3.h.C.5.e. Identifying pests causing the damage and verifying they can be controlled with soil or non-soil fumigation.

6.3.h.C.5.f. Understanding the relationship between pest density and application rate.

6.3.h.C.5.g. The importance of proper application depth, application rate and timing.

6.3.h.C.6. Personal protective equipment. Understanding what personal protective equipment is necessary and how to use it properly, including the following:

6.3.h.C.6.a. Following labeling directions for required personal protective equipment.

6.3.h.C.6.b. Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment.

6.3.h.C.6.c. Understanding the types of respirators required when using specific soil and non-soil fumigants and how to use them properly, including medical evaluation, fit testing, and required replacement of cartridges and canisters.

6.3.h.C.6.d. Labeling requirements and other laws applicable to medical evaluation for respirator use, fit tests, training, and recordkeeping.

6.3.h.C.7. Fumigant management plans and post-application summaries. Information about fumigant management plans can be found at https://www.epa.gov/soil-fumigants/introduction-soil-fumigant-management-plans.

6.3.h.C.8. Buffer zones and posting requirements. Understanding buffer zones and posting requirements, including the following:

6.3.h.C.8.a. Buffer zones and the buffer zone period.

6.3.h.C.8.b. Identifying who is allowed in a buffer zone during the buffer zone period and who is prohibited from being in a buffer zone during the buffer zone period.

6.3.h.C.8.c. Understanding who is allowed in a non-soil area being fumigated or after fumigation and who is prohibited from being in a non-soil area being fumigated or after fumigation.

6.3.h.C.8.d. Using the buffer zone table from the labeling to determine the size of the buffer zone.

6.3.h.C.8.e. Factors that determine the buffer zone credits for application scenarios and calculating buffer zones using credits.

6.3.h.C.8.f. Distinguishing buffer zone posting, and soil fumigant treated area posting, including the pre-application and post-application posting timeframes for each.

6.3.h.C.8.g. Distinguishing fumigant labeling-required posting and treated area posting, including the pre-application timeframes for labeling-required posting, pre-application posting timeframes for treated area posting, the post-application timeframes for fumigant labeling-required posting, and the post-application timeframes for treated area posting.

6.3.h.C.8.h. Proper choice and proper placement of warning signs.

6.3.h.D. Wood Preservation and Wood Product Treatment. Applicators shall demonstrate a practical knowledge of the conditions for which a preservative treatment of wood is used. Applicators shall demonstrate a knowledge of the health and environmental hazards associated with wood treating procedures, and the need for informing purchasers of precautions for handling, use and disposal of treated wood products. They shall demonstrate a knowledge of all applicable treating and testing equipment. Applicators in this subcategory shall also demonstrate a knowledge of the handling and local injection of specially labeled liquid or solid wood fumigants into infested wood, such as poles, piling and railroad crossties. Applicators shall demonstrate a knowledge of the hazards involved with the handling and use of these pesticides and the appropriate application equipment to be used.

6.3.h.E. Urban Integrated Pest Management. Applicators shall demonstrate a practical knowledge of the principles of integrated pest management for pests in and around structures. Applicators shall demonstrate a practical knowledge of urban pests such as cockroaches, ants, silverfish, spiders, food and fabric insects, rats, bats, and other occasional invaders that infest structures, stored products, and food preparation areas such as kitchens, cafeterias or snack bars. They shall demonstrate a knowledge of site evaluation, inspection, and monitoring; the relationship between pest biology and pest management methods; the concept of threshold levels; the use of pest preventive methods; the use of mechanical and physical pest management techniques; the use of least hazardous pest control methods; and the use of recordkeeping to evaluate the effectiveness of pest management programs.

6.3.i. Public Health Pest Control. Applicators shall demonstrate practical knowledge of pests that are important vectors of disease, including recognizing the pests and signs of their presence, their habitats, their life cycles, biology, and behavior as it may be relevant to problem identification and control. The required knowledge also includes how to minimize damage to and contamination of areas treated, acute and chronic exposure of people and pets, and non-target exposures.

6.3.j. Regulatory Pest Control. Applicators shall demonstrate a practical knowledge of regulated pests, including the applicable laws relating to quarantine and other regulation of pests and the potential impact on the environment of RUPs used in suppression and eradication programs. They shall demonstrate a knowledge of the factors influencing introduction, spread and population dynamics of relevant pests. Their knowledge shall extend beyond that required by their immediate duties, since their services are frequently required in other areas of the country where emergency measures are invoked to control regulated pests and where individual judgements are made in new situations.

6.3.k. Demonstration and Research Pest Control. Persons demonstrating the safe and effective use of pesticides to other applicators and the public shall demonstrate a practical knowledge of comprehensive standards reflecting a broad spectrum of pesticide uses. Many different pest problem situations will be encountered during activities associated with the demonstration and an applicator must have a practical knowledge of problems, pests and population levels occurring in each demonstration situation. Further, they shall demonstrate an understanding of pesticide-organism interaction and the importance of integrating pesticide use with other control methods. Applicators doing demonstration pest control work shall possess knowledge of all standards detailed under sub-section 6.1 of this rule. In addition, they shall meet the specific standards required in sub-division 6.3.a through 6.3.h of this rule as may be applicable to their activity in this State. Persons conducting field research or method improvement work with RUPs shall know the general standards detailed in subsection 6.1 of this rule. In addition, they shall know the specific standards required in sub-division 6.3.a through 6.3.j of this rule as may be applicable to their activity in this state.

6.3.l. Pesticide Storage and Distribution.

6.3.l.A. Persons in this category store, display and distribute RUPs. Applicants in this category shall demonstrate a knowledge and understanding of the safe and acceptable methods of handling, storing, displaying, and distributing RUPs; the potential for environmental hazards; the containment of spills; the disposal of pesticide related hazardous waste and an understanding of State and Federal pesticide laws.

6.3.l.B. Persons operating as dealers of RUPs shall also demonstrate a practical knowledge of the types of pesticides he or she sells, including but not limited to: labels and label comprehension; the classification of pesticides and the necessity for use consistent with the label; safety, including safe use and safe environment; the symptoms of pesticide poisoning; the types of pesticides and pesticide formulations; and the dilution procedures and application techniques.

6.3.m. Predator Control. Applicators shall demonstrate a practical knowledge of the use of sodium cyanide in a mechanical injection device and sodium fluoroacetate in a protective collar to control regulated predators including the following:

6.3.m.1. Applicators shall demonstrate practical knowledge of mammalian predator pests, including recognizing those pests and signs of their presence, their habitats, their life cycles, biology, and behavior as it may be relevant to pest identification and control.

6.3.m.2. Applicators shall demonstrate comprehension of all laws and regulations applicable to the use of sodium fluoroacetate products and mechanical ejection devices for sodium cyanide, including the restrictions on the use of sodium fluoroacetate products and sodium cyanide products ordered by the EPA Administrator.

6.3.m.3. Applicators shall also demonstrate practical knowledge and understanding of all of the specific use restrictions for sodium cyanide devices, including safe handling and proper placement of the capsules and device, proper use of the antidote kit, notification to medical personnel before use of the device, conditions of and restrictions on when and where devices can be used, requirements to consult U.S. Fish and Wildlife Service maps before use to avoid affecting endangered species, maximum density of devices, provisions for supervising and monitoring applicators, required information exchange in locations where more than one entity is authorized to place devices, and specific requirements for recordkeeping, monitoring, field posting, proper storage, and disposal of damaged or used sodium cyanide capsules.

6.3.m.4. Applicators shall also demonstrate practical knowledge and understanding of the specific use restrictions for sodium fluoroacetate in the livestock protection collar, including where and when sodium fluoroacetate products can be used, safe handling and placement of collars, and practical treatment of sodium fluoroacetate poisoning in humans and domestic animals.

6.3.m.5. Applicators shall also demonstrate practical knowledge and understanding of specific requirements for field posting, monitoring, recordkeeping, proper storage of collars, disposal of punctured or leaking collars, disposal of contaminated animal remains, vegetation, soil, and clothing, and reporting of suspected and actual poisoning, mishap, or injury to threatened or endangered species, humans, domestic animals, or non-target wild animals.

6.3.n. Aerial. In addition to demonstrating a knowledge of the specific standards for the applicable categories or subcategories in subdivisions 6.3.a. through 6.3.k. of this rule, persons desiring to apply pesticides by aircraft must hold a valid Agricultural Applicator Certification from the Federal Aviation Administration. and shall demonstrate practical knowledge of the pest problems and pest control practices associated with performing aerial application of RUPs, including the following:

6.3.n.1. Labeling. Labeling requirements and restrictions specific to aerial application of pesticides including:

6.3.n.1.a. Spray volumes.

6.3.n.1.b. Buffers and no-spray zones.

6.3.n.1.c. Weather conditions specific to wind and inversions.

6.3.n.2. Application equipment. Understand how to choose and maintain aerial application equipment, including the following:

6.3.n.2.a. The importance of inspecting application equipment to ensure it is in proper operating condition prior to beginning an application.

6.3.n.2.b. Selecting proper nozzles to ensure appropriate pesticide dispersal and to minimize drift.

6.3.n.2.c. Knowledge of the components of an aerial pesticide application system, including pesticide hoppers, tanks, pumps, and types of nozzles.

6.3.n.2.d. Interpreting a nozzle flow rate chart.

6.3.n.2.e. Determining the number of nozzles for intended pesticide output using nozzle flow rate chart, aircraft speed, and swath width.

6.3.n.2.f. How to ensure nozzles are placed to compensate for uneven dispersal due to uneven airflow from wingtip vortices, helicopter rotor turbulence, and aircraft propeller turbulence.

6.3.n.2.g. Where to place nozzles to produce the appropriate droplet size.

6.3.n.2.h. How to maintain the application system in good repair, including pressure gauge accuracy, filter cleaning according to schedule, and checking nozzles for excessive wear.

6.3.n.2.i. How to calculate required and actual flow rates.

6.3.n.2.j. How to verify flow rate using fixed timing, open timing, known distance, or a flow meter.

6.3.n.2.k. When to adjust and calibrate application equipment.

6.3.n.3. Application considerations. The applicator shall demonstrate knowledge of factors to consider before and during application, including the following:

6.3.n.3.a. Weather conditions that could impact application by affecting aircraft engine power, take-off distance, and climb rate, or by promoting spray droplet evaporation.

6.3.n.3.b. How to determine wind velocity, direction, and air density at the application site.

6.3.n.3.c. The potential impact of thermals and temperature inversions on aerial pesticide application.

6.3.n.4. Minimizing drift. The applicator shall demonstrate knowledge of methods to minimize off-target pesticide movement, including the following:

6.3.n.4.a. How to determine drift potential of a product using a smoke generator.

6.3.n.4.b. How to evaluate vertical and horizontal smoke plumes to assess wind direction, speed, and concentration.

6.3.n.4.c. Selecting techniques that minimize pesticide movement out of the area to be treated.

6.3.n.4.d. Documenting special equipment configurations or flight patterns used to reduce off-target pesticide drift.

6.3.n.5. Performing aerial application. The applicator shall demonstrate competency in performing an aerial pesticide application, including the following:

6.3.n.5.a. Selecting a flight altitude that minimizes streaking and off-target pesticide drift.

6.3.n.5.b. Choosing a flight pattern that ensures applicator and bystander safety and proper application.

6.3.n.5.c. The importance of engaging and disengaging spray precisely when entering and exiting a predetermined swath pattern.

6.3.n.5.d. Tools available to mark swaths, such as global positioning systems and flags.

6.3.n.5.f. Recordkeeping requirements for aerial pesticide applications including application conditions if applicable.

6.3.o. Sewer Root Control. Applicators in this category shall demonstrate practical knowledge of the secondary effects of metam sodium on downstream water bodies and lateral and upstream residential and nonresidential sewer connections; the importance and use of personal protective equipment; and the proper measurement, calibration and application of metam sodium. Applicators shall demonstrate practical knowledge of the pest problems and pest control practices associated with performing fumigation applications of RUPs to sites other than soil, including the following:

6.3.o.1. Label & labeling comprehension. Familiarity with the pesticide labels and labeling for products used to perform non-soil fumigation, including labeling requirements specific to non-soil fumigants.

6.3.o.2. Safety. Measures to minimize adverse health effects, including the following:

6.3.o.2.A. Understanding how certified applicators, non-certified applicators using fumigants under direct supervision of certified applicators, and bystanders can become exposed to fumigants.

6.3.o.2.B. Common problems and mistakes that can result in direct exposure to fumigants.

6.3.o.2.C. Signs and symptoms of human exposure to fumigants.

6.3.o.2.D. Air concentrations of a fumigant that require applicators to wear respirators or to exit the work area entirely.

6.3.o.2.E. Steps to take if a fumigant applicator experiences sensory irritation.

6.3.o.2.F. Understanding air monitoring, when it is required, and where and when to take samples.

6.3.o.2.G. First aid measures to take in the event of exposure to a fumigant.

6.3.o.2.H. Labeling requirements for transportation, storage, spill clean up, and emergency response for non-soil fumigants, including safe disposal of containers and contaminated materials, and management of empty containers.

6.3.o.3. Non-soil fumigant chemical characteristics. Characteristics of non-soil fumigants, including the following:

6.3.o.3.A. Chemical characteristics of non-soil fumigants.

6.3.o.3.B. Specific human exposure concerns for non-soil fumigants.

6.3.o.3.C. How fumigants change from a liquid or solid to a gas.

6.3.o.3.D. How fumigants disperse in the application zone.

6.3.o.3.E. Compatibility concerns for tanks, hoses, tubing, and other equipment.

6.3.o.4. Application. Selecting appropriate application methods and timing, including the following:

6.3.o.4.A. Application methods and equipment commonly used for non-soil fumigation.

6.3.o.4.B. Site characteristics that influence fumigant exposure.

6.3.o.4.C. Conditions that could impact timing of non-soil fumigant application, such as air stability, air temperature, humidity, and wind currents, and labeling statements limiting applications under specific conditions.

6.3.o.4.D. Conducting pre-application inspection of application equipment and the site to be fumigated.

6.3.o.4.E. Understanding the purpose and methods of sealing the area to be fumigated, including the factors that determine which sealing method to use.

6.3.o.4.F. Calculating the amount of product required for a specific treatment area.

6.3.o.4.G. Understanding the basic techniques for calibrating non-soil fumigant application equipment.

6.3.o.4.H. Understanding when and how to conduct air monitoring and when it is required.

6.3.o.5. Pest factors. Pest factors that influence fumigant activity, including the following:

6.3.o.5.A. Influence of pest factors on fumigant volatility.

6.3.o.5.B. Factors that influence gaseous movement through the area being fumigated and into the air.

6.3.o.5.C. Identifying pests causing the damage and verifying they can be controlled with fumigation.

6.3.o.5.D. Understanding the relationship between pest density and application rate.

6.3.o.5.E. The importance of proper application rate and timing.

6.3.o.6. Personal protective equipment. Understanding what personal protective equipment is necessary and how to use it properly, including the following:

6.3.o.6.A. Following labeling directions for required personal protective equipment.

6.3.o.6.B. Selecting, inspecting, using, caring for, replacing, and disposing of personal protective equipment.

6.3.o.6.C. Understanding the types of respirators required when using specific non-soil fumigants and how to use them properly, including medical evaluation, fit testing, and required replacement of cartridges and canisters.

6.3.o.6.D. Labeling requirements and other laws applicable to medical evaluation for respirator use, fit tests, training, and recordkeeping.

6.4. Registered Technicians. Non-certified employees of a pesticide business performing pesticide application like a commercial applicator or certified public applicator must register with the commissioner.

6.4.a. Initial Training. Each pesticide business is responsible for ensuring that each employee, other than a certified applicator, successfully completes a verifiable training program approved by the commissioner. The employee shall complete the training program within 30 days of his or her employment and before the employee registers with the commissioner.

6.4.b. The commissioner may not approve any training program that does not have a method of verification of employee attendance or participation and include instruction by a certified applicator in at least the following elements:

6.4.b.A. Potential hazards from toxicity and exposure that pesticides present to non-certified applicators and their families, including acute and chronic effects, delayed effects, and sensitization.

6.4.b.B. Routes through which pesticides can enter the body.

6.4.b.C. Signs and symptoms of common types of pesticide poisoning.

6.4.b.D. Emergency first aid for pesticide injuries or poisonings.

6.4.b.E. Routine and emergency decontamination procedures, including emergency eye flushing techniques. Non-certified applicators shall be instructed that if pesticides are spilled or sprayed on the body, to immediately wash or to rinse off in the nearest clean water. Non-certified applicators shall also be instructed to wash or shower with soap and water, shampoo hair, and change into clean clothes as soon as possible.

6.4.b.F. How and when to obtain emergency medical care.

6.4.b.G. After working with pesticides, wash hands before eating, drinking, using chewing gum or tobacco, or using the toilet.

6.4.b.H. Wash or shower with soap and water, shampoo hair and change into clean clothes as soon as possible after working with pesticides.

6.4.b.I. Potential hazards from pesticide residues on clothing.

6.4.b.J. Wash work clothes before wearing them again and wash them separately from other clothes.

6.4.b.K. Do not take pesticides or pesticide containers used at work to your home.

6.4.b.L. Potential hazards to children and pregnant women from pesticide exposure.

6.4.b.M. After working with pesticides, remove work boots or shoes before entering your home, and remove work clothes and wash or shower before physical contact with children or family members.

6.4.b.N. How to report suspected pesticide use violations to the appropriate State or Tribal entity responsible for pesticide enforcement.

6.4.b.O. Format and meaning of information contained on pesticide labels and in labeling applicable to the safe use of the pesticide, including the location and meaning of the restricted use product statement, how to identify when the labeling requires the certified applicator to be physically present during the use of the pesticide, and information on personal protective equipment.

6.4.b.P. Need for, and appropriate use and removal of, personal protective equipment.

6.4.b.Q. How to recognize, prevent, and provide first aid treatment for heat-related illness.

6.4.b.R. Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup.

6.4.b.S. Environmental concerns such as drift, runoff, and wildlife hazards.

6.4.b.T. RUPs may be used only by a certified applicator or by a non-certified applicator working under the direct supervision of a certified applicator.

6.4.b.U. The certified applicator's responsibility to provide to each non-certified applicator instructions specific to the site and pesticide used. These instructions shall include labeling directions, precautions, and requirements applicable to the specific use and site, and how the characteristics of the use site (e.g., surface and ground water, endangered species, local population, and risks) and the conditions of application (e.g., equipment, method of application, formulation, and risks) might increase or decrease the risk of adverse effects. The certified applicator shall provide these instructions in a manner the non-certified applicator can understand.

6.4.b.V. The certified applicator's responsibility to ensure that each non-certified applicator always has access to the applicable product labeling during its use.

6.4.b.W. The certified applicator's responsibility to ensure that where the labeling of a pesticide product requires that personal protective equipment be worn for mixing, loading, application, or any other use activities, each non-certified applicator has clean, labeling-required personal protective equipment in proper operating condition and that the personal protective equipment is worn and use correctly for its intended purpose.

6.4.b.X. The certified applicator's responsibility to ensure that before each day of use equipment used for mixing, loading, transferring, or applying pesticides is in proper operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the non-certified applicator, other persons, or the environment.

6.4.b.Y. The certified applicator's responsibility to ensure that a means to immediately communicate with the certified applicator is available to each non-certified applicator using pesticides under his or her direct supervision.

6.4.c. Upon request by the commissioner each pesticide business shall produce the records or other means of verification that an employee has completed an approved training program.

6.4.d. Identification. The commissioner shall issue an identification card to each registered technician. The registered technician shall carry the identification card and show it upon request to any person.

6.4.e. Employment termination. Within 30 days of termination, a pesticide business shall give the commissioner written notice of the termination of the registered technician. The registered technician shall return the identification card to the commissioner.

6.5. Non-certified applicator qualifications. Before any non-certified applicator uses a RUP under the direct supervision of the certified applicator, the supervising certified applicator shall ensure that the non-certified applicator has met at least one of the following qualifications:

6.5.a. The non-certified applicator has been trained in accordance with subsection 6.4 of this rule within the last 12 months.

6.5.b. The non-certified applicator has met the training requirements for an agricultural handler under 40 CFR 170.501 of the EPA Worker Protection Standard within the last 12 months.

6.5.c. The non-certified applicator has met the requirements established by a certifying authority that met or exceed the standards in subdivision 6.5.a of this rule.

6.5.d. The non-certified applicator is currently a certified applicator but is not certified to perform the type of application being conducted or is not certified in the jurisdiction where the use will take place.

W. Va. Code R. § 61-12A-6