2311 SUPERVISION OF REGISTERED EMPLOYEES

2311.1 Pesticides may be applied by a registered employee; Provided, that the employee applies the pesticides under the direct supervision of a licensed certified applicator whose certification permits the application.

2311.2 A registered employee shall meet the following requirements:

(a) Be able to read and comprehend written instructions, including the text of pesticide labeling;

(b) Be capable of properly handling and applying a given pesticide, to the satisfaction of the employee's certified supervisor; and

(c) Be expected to carry out assignments and instructions in a highly responsible manner.

2311.3 Direct supervision shall include, but is not necessarily limited to, the requirements set forth in §§ 2311.4 through 2311.6.

2311.4 If the registered employee has had no prior experience with either the pesticide or the application methodology in the use of the pesticide, direct supervision shall include the continuous physical presence of the supervising licensed applicator.

2311.5 If the label of the pesticide being applied so stipulates, direct supervision shall be provided by the physical presence of a licensed certified applicator.

2311.6 In the absence of the supervising licensed certified applicator, direct supervision may be provided by clearly legible or otherwise verifiable instructions or directions at a work site (any location at which pesticides are handled, mixed, stored, disposed, applied, or used) that specify the following information:

(a) How to handle and apply the pesticide;

(b) The precautions to be taken to prevent injury to the applicator, other persons, and the environment; and

(c) How to contact the supervising licensed certified applicator under whose supervision the registered employee is working. The employee shall have direct voice contact with the supervising certified applicator if and when needed.

2311.7 The pesticide label shall be a part of the instructions required by § 2311.6, and may suffice in those matters that it covers.

2311.8 Ultimate responsibility for the application of pesticides by registered employees shall remain with the supervising licensed certified applicator.

2311.9 It shall be the responsibility of the supervising licensed certified applicator to keep the registered employee fully aware of all directions for use, and of cautions necessary for the safe use and application of any pesticide the employee may be directed to use.

2311.10 Certified applicators whose activities indicate a supervisory role shall demonstrate a practical knowledge of federal and District supervisory requirements, including labeling, regarding the application of restricted use pesticides by noncertified applicators.

2311.11 The availability of the certified applicator shall be directly related to the hazard of the situation,

and as provided in §§ 2311.12 and 2311.13.

2311.12 In many situations where the certified applicator is not required to be physically present, "direct supervision" shall include verifiable instruction to the competent person, as follows:

(a) Detailed guidance for applying the pesticide properly; and

(b) Provisions for contacting the certified applicator in the event the applicator is needed.

2311.13 In other situations, and as required by the label, the actual physical presence of a certified applicator may be required when application is made by a noncertified applicator.

SOURCE: Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978).