Section 355IAC4-2-1. Definitions

   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 and fertilizer labels;

(B) is at least sixteen (16) years of age; 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 noncertified individual.

(B) The supervising certified applicator has provided the noncertified 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 and fertilizer products to be used.

(iii) The means and instructions to establish direct voice communication during the use of the pesticide or fertilizer with the supervising certified applicator.

(iv) All personal protective equipment and instructions on proper use required by the labels of the pesticide or fertilizer products for the uses being performed.

(3) "Registered technician" means a noncertified 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 or fertilizers are used.

(5) "Written instructions" means a written or printed site assessment fact sheet or similar document that shall be reviewed by the noncertified applicator prior to each pesticide or fertilizer application. The required elements on the site assessment fact sheet shall be industry specific and developed by the state chemist in consultation with the appropriate certified applicator industry.

(State Chemist of the State of Indiana; Pesticide Use & Application Reg 2, Sec 1; filed Aug 3, 1976, 4:10 p.m.: Rules and Regs. 1977, p. 442; filed Apr 21, 1982, 3:45 p.m.: 5 IR 1191; filed Sep 20, 2001, 3:54 p.m.: 25 IR 376; readopted filed Nov 21, 2001, 10:17 a.m.: 25 IR 1269; readopted filed Sep 20, 2007, 1:46 p.m.: 20071010-IR-355070484RFA; filed Nov 28, 2012, 2:42 p.m.: 20121226-IR-355120517FRA; readopted filed Sep 25, 2013, 11:08 a.m.: 20131023-IR-355130361RFA)