2312.1 A registered technician shall apply pesticides under the direct supervision of a licensed certified applicator whose certification permits the application.

2312.2 A registered technician working under direct supervision shall meet the following requirements:

1. (a) Be able to read and comprehend written instructions, including the text of pesticide labeling;
2. (b) Be capable of properly handling and applying a given pesticide to the satisfaction of the supervising licensed certified applicator; and
3. (c) Be able to carry out assignments and instructions in a responsible manner.

2312.3 Direct supervision shall include, but is not necessarily limited to, the requirements set forth in §§ 2312.4 and 2312.5.

2312.4 If the label of the pesticide being applied so stipulates, direct supervision shall be defined as the physical presence of a supervising licensed certified applicator.

2312.5 Unless the pesticide label indicates otherwise, in the absence of the supervising licensed certified applicator, direct supervision may be provided by clearly legible written or electronic verifiable instructions or directions at a location at which pesticides are handled, mixed, stored, disposed, applied, or used. The instructions shall specify the following information:

1. (a) How to handle and apply the pesticide;
2. (b) The precautions to be taken to prevent injury to the applicator, other persons, and the environment; and
3. (c) How to contact the supervising licensed certified applicator under whose supervision the registered technician is working. The technician shall have direct voice contact with the supervising licensed certified applicator if needed.

2312.6 The pesticide label shall be a part of the instructions required by § 2312.5, and may suffice in those matters that it addresses.

2312.7 Ultimate responsibility for the application of pesticides by registered technicians shall remain with the supervising licensed certified applicator.

2312.8 The supervising licensed certified applicator shall instruct the registered technician in all directions for use and of cautions necessary for the safe use and application of any pesticide the technician may be directed to use.

2312.9 The supervising licensed certified applicator is responsible for understanding and complying with the provisions of this section.

2312.10 The availability of the supervising licensed certified applicator shall be directly related to the hazard of the situation, and as provided in §§ 2312.4 and 2312.5.

SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015).