W. Va. Code R. § 61-12A-8

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

Section 61-12A-8 - Supervision of Non-Certified Applicators

8.1. General Supervision

8.1.a. All non-certified applicators must be under the direct supervision of a certified applicator. Non-certified applicators working under the direct supervision of a certified commercial applicator or certified public applicator shall complete registered technician training as outlined in subsection 6.4 of this rule. Non-certified applicators working under the supervision of a private applicator shall complete annual training as a handler under the Worker Protection Standard (WPS) (40 CFR 170.501).

8.1.b. During the non-certified applicator's use of a restricted use product, the certified applicator shall be able to be at the use site and with the non-certified applicator, at the point of use of the restricted use product, within a reasonable period of time; ensure that the non-certified applicator has means by which to contact the certified applicator immediately, should the need arise; shall be available to be contacted by the non-certified applicator; and shall arrive at the point of use within a reasonable period of time if summoned by the non-certified applicator. The certified applicator shall take into consideration the potential for serious consequences of a delay in arriving at the use site when determining what is a reasonable period.

8.2. Label Specified Supervision - In some situations the labeling on the pesticide product will require other levels of supervision. These requirements may be the use of the pesticide with a certified applicator on site or use only by a certified applicator. In those situations, the product label will control the minimum supervision required. An applicator must follow these label requirements.

8.3. Use-specific supervision - conditions that shall be met for a non-certified applicator to use a RUP. The certified applicator shall ensure that the following requirements are met before allowing a non-certified applicator to use a RUP under his or her direct supervision:

8.3.a. The certified applicator shall ensure that the non-certified applicator always has access to the applicable product labeling during its use.

8.3.b. Where the labeling of a pesticide product requires that personal protective equipment be worn for mixing, loading, application, or any other use activities, the certified applicator shall ensure that any non-certified applicator has clean, labeling-required personal protective equipment in proper operating condition and that the personal protective equipment is worn and used correctly for its intended purpose.

8.3.c. The certified applicator shall provide to each non-certified applicator before use of a RUP 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 the conditions of application (e.g., equipment, method of application, formulation) might increase or decrease the risk of adverse effects. The certified applicator shall provide this information in a manner that the non-certified applicator can understand.

8.3.d. The certified applicator shall 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.

W. Va. Code R. § 61-12A-8