(1) Employees of licensed or certified-licensed applicators under certain conditions of use for general and restricted use pesticides shall be required to become licensed pesticide operators. Provided that only one certified-licensed applicator, licensed applicator or licensed operator shall be required for each spraying equipment unit when in actual operation. Application for an operator's license shall be made on a standard application
form
provided by the department.
(2) Licensed operators shall be allowed to use
and apply only those pesticides that the licensed or certified-licensed
applicator he is supervised by is qualified to use and apply. A licensed
operator may use general or restricted use pesticides within one hundred (100) miles of the applicator when he is under the direct supervision of a licensed
or certified-licensed applicator, respectively. Licensed operators may
not apply general or restricted use pesticides beyond one hundred (100) miles
of the applicator.
(3) An individual may under certain conditions
be licensed as a non-commercial operator under the direct supervision of
a certified-licensed non-commercial applicator. In these cases, the
licensed operator may use restricted use pesticides under the direct
supervision of the certified-licensed applicator provided that the uses
of the pesticides are restricted to any of the employer's premises or materials
on the premises, and that the treated materials are not sold to the general
public.
(4) Applicator employees required to become
licensed operators shall make application for license on a form approved by the
department. The license fee shall be $25 per applicant, provided that only the
first two operator applicants per applicator business shall have to pay the $25
licensing fee. Thereafter, the fee per additional applicant shall be $10.
Fifteen dollars ($15) of the fee for each of the first two operators and $5 of
the fee for each additional operator shall be deposited in the state special
revenue account as required by 80-8-205 MCA.
(5) Individuals using and applying general or
restricted use pesticides shall qualify for an operator license by:
(a) passing a department examination;
(b) attending a department training course; or
(c) receiving training from a certified-licensed
or licensed applicator of the business or government agency who must certify
the individual's completion of the training.
(6) The training or examination shall include
knowledge of pesticide law and rules, labels and labeling, safety, first aid
and toxicology, effect of pesticides, factors affecting pesticide application,
equipment calibration, dilution and mixing of pesticides, recognition of common
pests to be controlled. The examination or training for operators shall be as
specific as possible to their operations and responsibilities. Examinations
will be given at the convenience and approval of the department or its
authorized representative. The department shall cooperate with individual
applicators or groups of applicators in establishing the training materials and
examination questions, and may provide assistance to applicators in
training
applicants for an operator's license. The passing score for the examination
shall be 70%. Operators who pass the examination may not be required to pass
another examination. Operators may renew their license each year by receiving
in-service business or government agency training or by attending a
training course approved by the department.
(7) Government operators shall meet all the standards established for
commercial operators in this regulation. Government operators shall only
operate within their respective governmental boundaries regardless of the
number of miles from the government certified-licensed or government
licensed applicator's business location.