010-28 Wyo. Code R. §§ 28-10 - Apprentice Private Applicators

(a) Apprentice private applicators must make applications in accordance with W.S. 35-7-376.

(b) When required by a pesticide's product label, a private or commercial applicator must be physically present on-site at all times during an application made by an apprentice private applicator.

(c) To be an apprentice private applicator, a person must:

(i) Complete a Department approved education course within the last 12 months;

(ii) Complete agricultural handler training under the Worker Protection Standard ( 40 CFR part 170 ) within the last 12 months; or

(iii) Hold a valid applicator license in an unrelated category.

(d) The Department will only approve education courses that incorporate the requirements outlined in Appendix B of these regulations.

(e) Apprentice private applicator education can only be provided by one of the following:

(i) A private or commercial applicator;

(ii) A Department designated trainer of applicators or handlers; or

(iii) A person who has completed the EPA approved train-the-trainer course under the Worker Protection Standard ( 40 CFR part 170 ).

(f) For the duration of the application, the supervising private or commercial applicator must provide the apprentice private applicators with, and ensure continued access to during, copies of the pesticide product label and Safety Data Sheet for each pesticide to be used in an application, which the apprentice private applicator must be able to read and understand.

(g) The supervising private or commercial applicator must ensure that the apprentice private 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.

(h) The supervising private or commercial applicator must ensure that before each day of use, the 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 apprentice private applicator, other persons, or the environment.

(i) The supervising private or commercial applicator must ensure that the apprentice private applicator has been instructed within the last 12 months in the safe operation of any equipment that the apprentice private applicator will use for mixing, loading, transferring, or applying pesticides.

(j) The supervising private or commercial applicator must provide to each apprentice private applicator instructions specific to the site and pesticide used. These instructions must include labeling directions, precautions, and requirements applicable to the specific use and site, and how the characteristics of the use site (e.g., surface water, groundwater, endangered species, local population, and risks) and the conditions of application (e.g., equipment, method of application, formulation, and risks) might increase or decrease the risk of adverse effects. The supervising private or commercial applicator must provide these instructions in a manner the apprentice private applicator can understand.

(k) The supervising private or commercial applicator must hold the correct category of license to oversee an apprentice private applicator for the specific application being made.

(l) The apprentice private applicator must be at least 18 years old, except that an apprentice private applicator must be at least 16 years old if all of the following requirements are met:

(i) The apprentice private applicator is using the pesticide under the direct supervision of a private or commercial applicator who is an immediate family member.

(ii) The pesticide is not a fumigant, sodium cyanide, or sodium fluoroacetate.

(iii) The apprentice private applicator is not applying the pesticide aerially.

(m) Persons who wish to become an apprentice private applicator must submit the Department's application form for apprentice private applicator status to the Department prior to any private application of a pesticide. The applicant must provide any information that the Department deems necessary to process the application along with proof of education completed and the identification of the supervising private or commercial applicator.

(n) This section does not apply to:

(i) Persons conducting research involving pesticides in a laboratory; and

(ii) Doctors of Medicine or Veterinary Medicine acting in the course of their normal practice.

Notes

010-28 Wyo. Code R. §§ 28-10

Amended, Eff. 1/8/2025.