PESTICIDE SECTION:
Regulates the distribution and application
of pesticides in the State of Indiana

 


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Site Awareness and Direct Supervision of Non-Certified Applicators
 
355 IAC 4-2-1 Definitions
Sec. 1. The following definitions apply throughout this rule:
  1. "Competent person" means a person who:
    A. has the ability to read and comprehend written instructions, including the text of pesticide labels;
    B. is sixteen (16) years of age or over; and
    C. is a registered technician.
  2. "Direct Supervision" means either of the following:
    A. The physical presence of the supervising certified applicator at the work site under circumstances that permit continuous direct voice contact with the non-certified individual.
    B. The supervising certified applicator has provided the non-certified competent person the following:
      i. Written instructions covering site specific precautions to prevent injury to persons or the environment or damage to property.
      ii. A copy of the labels of all pesticide products to be used.
      iii. The means and instructions to establish direct voice communication during the use of the pesticide with the supervising certified applicator.
      iv. All personal protective equipment and instructions on proper use required by the labels of the pesticide products for the uses being performed.
  3. "Registered Technician" means a non-certified person who, having met the requirements of section 8 of this rule, is registered by the state chemist and thereby is authorized to engage in pesticide use and related activities while working under the direct supervision of a certified applicator.
  4. "Work Site" means any location at which pesticides are used as defined in IC 15-3-3.6-2 (37).
  5. "Written instructions" means a written or printed site assessment fact sheet or similar document that shall be reviewed by the non-certified applicator prior to each pesticide application. The required elements on the site assessment shall be industry specific and developed by the state chemist in consultation with the appropriate certified applicator industry.
           
355 IAC 4-2-2 Pesticide use by non-certified persons
Sec. 2. Pesticide may be used by a non-certified person working under the direct supervision of a certified applicator. All persons conducting use of pesticides for hire by aerial application shall be certified.
           
355 IAC 4-2-3 On-site supervision of use
Sec. 3. The supervising certified applicator shall be physically present as defined in section (1)(2)(A) of this rule if:
  1. the label of the pesticide being used so stipulates;
  2. the non-certified individual has had no prior experience with either the pesticide or the application methodology in use; or
  3. the non-certified individual is not competent as defined in section 1(1) of this rule.
           
355 IAC 4-2-4 IS REPEALED
           
355 IAC 4-2-5 Applicability of supervision requirements
Sec. 5. The requirements for direct supervision of non-certified individuals shall apply to the following:
  1. Use of all pesticides by any person required by IC 15-3-3.6 to be licensed as one (1) of the following:
    A. a pesticide business
    B. a for hire applicator
    C. a not for hire applicator
    D. a public applicator
  2. Use of restricted use pesticides.
           
355 IAC 4-2-6 Certified and non-certified applicators' responsibilities
Sec. 6. Certified supervising applicators and non-certified individuals shall be responsible for the following:
  1. A certified supervising applicator shall provide the items listed in section 1(2)(B) of this rule to the non-certified individual.
  2. A non-certified individual shall:
    A. be in posession of the items listed in section 1(2)(B) of this rule;
    B. carry out the instructions of the supervising certified applicator; and
    C. upon request, produce the items listed in section 1(2)(B) of this rule for inspection by the state chemist.
           
355 IAC 4-2-7 Limit on number of noncertified individuals to be supervised
Sec. 7. a. A certified applicator providing direct supervision as described in section 1(2)(B) of this rule may supervise no more than ten (10) non-certified individuals unless an emergency exemption as provided in subsection (b) has been granted by the state chemist.
    b. A certified applicator may apply for and the state chemist may grant an emergency exemption for up to sixty (60) days from the date of application by the certified applicator to allow for temporary supervision of more than ten (10) non-certified individuals.
    c. The state chemist will determine if the emergency exemption as applied for is justifiable and reasonable to grant.
           
355 IAC 4-2-8 Technician registration requirements
Sec. 8. a. To become a registered technician, an individual must do the following:
      1. Pass the commercial applicator core examination described in 355 IAC 4-1-2.1(b) or, if a turf technician, pass either the core examination or the registered technician examination described in 355 IAC 4-6-4.
      2. Submit an application on a form provided by the state chemist. This form msut be signed by both the applicant and the responsible certified applicator employed at the applicant's business location.
      3. Submit the thirty dollar ($30) technician registration fee.
    b. Registration shall remain in force from the date of passing the examination through December 31 of the fourth year following the year during which the examination was passed unless revoked or suspended.
    c. The registration period may be extended indefinitely for an additional five (5) years if the registered technician accumulates at least eight (8) continuing registration credits by attending at least two (2) state chemist approved continuing registration programs while the registration is in force.
    d. Annual registration credentials shall expire on December 31 unless renewed by a payment of thirty dollar ($30) renewal fee by that date. Renewal after December 31 shall include a late fee of thirty dollars ($30) as established by IC 15-3-3.6-12.1 in addition to the thirty dollar ($30) renewal fee.
    e. The registration credential shall be in the possession of the registered technician at all times the technician is at a work site as defined in section 1(4) of this rule.