The Unlicensed Helper and the Commercial Applicator
A licensed commercial pesticide applicator in Connecticut is hired by a property manager to treat a 40-unit apartment complex for cockroaches in common areas and individual units. The applicator is licensed in the appropriate categories. Because the job is large, the applicator asks a friend who has no pesticide license to help mix and apply gel bait and to do crack-and-crevice spraying in occupied units while the applicator handles the basement and trash rooms. The friend will be paid cash by the applicator. During the job, a tenant asks the friend for a copy of the pesticide label and the friend says he does not have it. The property manager later receives a complaint from a tenant and asks who was legally responsible for the work.
1. Was it lawful for the unlicensed friend to mix and apply pesticides at the complex? Explain the certification and training rules that apply and who bears responsibility.
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No. Under Connecticut pesticide law, pesticides used in the course of employment on property other than the applicator's own, or for hire, generally must be applied by or under the direct supervision of a certified applicator, and commercial applicators must be certified in the appropriate category. A noncertified person may perform limited tasks only as allowed for a noncertified applicator working under the direct supervision of a certified applicator, and the certified applicator remains responsible for compliance. Here the friend mixed and applied pesticides independently in occupied units, which goes beyond permissible noncertified activity. The licensed applicator, as the certified supervisor and employer, bears primary responsibility for the violation, and the business may also face registration and recordkeeping consequences. The correct fix is to have the friend work only under the applicator's direct supervision consistent with the rules, or to obtain the proper certification before applying.
2. The tenant requested the label. What information must be available at the application site, and what should the applicator have done?
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Connecticut rules require that a copy of the pesticide label and other required information be available at the application site or to the person requesting it, consistent with the labeling and state requirements. The applicator should have had the label for each product used (gel bait and crack-and-crevice product) available on site and provided it to the tenant on request. The failure was compounded because the person doing the work was not certified and could not explain the labeling. The applicator should ensure labels are carried or accessible at every job, that the certified applicator or a knowledgeable representative can answer questions, and that the tenant receives the required information. Recordkeeping of the application should also be maintained.