010-28 Wyo. Code R. §§ 28-6 - Apprentice Commercial Applicators

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

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

(c) To be an apprentice commercial 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 commercial applicator education can only be provided by one of the following:

(i) A 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.

(f) Supervising commercial applicators must create or verify the existence of records documenting that each apprentice commercial applicator has the qualifications required in subsection (c) of this section. For each apprentice commercial applicator, the records must contain the information appropriate to the method of qualification as provided in this subsection.

(i) If the apprentice commercial applicator was educated in accordance with paragraph (c)(i) of this section, the record must contain all of the following information:

(A) The apprentice commercial applicator's printed name and signature.

(B) The date the education requirement in paragraph (c)(i) of this section was met.

(C) The name of the person who provided the education.

(D) The title or a description of the education provided.

(ii) If the apprentice commercial applicator was trained as an agricultural handler in accordance with paragraph (c)(ii) of this section, the record must contain all of the following information:

(A) The trained handler's printed name and signature.

(B) The date of the training.

(C) Information identifying which EPA-approved training materials were used.

(D) The trainer's name and documentation showing that the trainer met the requirements of 40 CFR 170.501(c)(4) at the time of training.

(E) The handler employer's name.

(iii) If the apprentice commercial applicator is a certified applicator who is not licensed to perform the type of application being conducted or not licensed in the jurisdiction where the use will take place, as described in paragraph (c)(iii) of this section, the record must include all of the following information:

(A) The apprentice commercial applicator's name.

(B) The apprentice commercial applicator's license number.

(C) The expiration date of the apprentice commercial applicator's license.

(D) The certifying authority that issued the license.

(g) The supervising commercial applicator must create or verify the existence of the pertinent record described in this section before allowing the apprentice commercial applicator to use pesticides under his or her direct supervision.

(h) The supervising commercial applicator supervising any apprentice commercial applicator must have access to the records described in this section at the commercial applicator's principal place of business for two years from the date the apprentice commercial applicator used a pesticide.

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

(j) The supervising commercial applicator must ensure that the apprentice commercial 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.

(k) The supervising 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 commercial applicator, other persons, or the environment.

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

(m) The supervising commercial applicator must provide to each apprentice commercial 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 commercial applicator must provide these instructions in a manner the apprentice commercial applicator can understand.

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

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

(i) The apprentice commercial applicator is using the pesticide under the direct supervision of a commercial applicator.

(ii) The pesticide is not a restricted use pesticide.

(iii) The pesticide is not used in a manner that requires compliance with the Worker Protection Standard (40 CFR part 170).

(iv) The apprentice commercial applicator is not applying the pesticide aerially.

(p) Persons who wish to become an apprentice commercial applicator must submit the Department's application form for apprentice commercial applicator status to the Department prior to any commercial 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 commercial applicator.

(q) 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. §§ 28-6

Amended, Eff. 1/8/2025.