Rank: Forum user 
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HSE state that it may be legal to for trained and competent people to use pesticides without certification as long as they are directly and personally supervised by a certified user (on company owned land and people born after 1964).
I've been asked if direct and personal supervision can include instances when a certified user mixes pesticide and shows people how to use it then leaves the site. I can't see how supervision can be direct if the certfied person is not there in body, does anybody have any caselaw or otherwise proven definition of directly and personally supervising?
I was hoping that the the EU Pesticide Directive would come into force and make this a mute point - but it hasn't.
Cheers
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Rank: Super forum user 
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The term used by the HSE "..direct and personal supervision.." suggests to me that the 'supervisor' should be on site, accessible and able to intervene, immediately if necessary to ensure the safety of the operator, others around, the wider environment and non target species. NOT down the road - somewhere or other.
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Rank: Super forum user
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Direct Supervision - Supervisor can leave site
Direct and Personal - Supervisor must be with the operative all the time the pesticide is being mixed, applied and equipment cleaned.
The D&P concept was most frequently seen in the old Woodworking Machines Regulations scheme of training.
Bob
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Rank: Super forum user 
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I don't think there is a specific pesticides related definition. However as Bob has suggested there are related principles established elsewhere.
I always thought it should have said "direct and continuous supervision" rather than "direct and personal". That is, however, undoubtably what is meant.
For other examples of where this type of control is applied you could check the medical and veterinary definitions. It may prove worthwhile to look them up for some examples?
My approach has always been that "direct and personal" means just that; on site to enusre proper procedure is followed by uncertificated staff. Leaving site is merely "supervision".
Sorry I cannot give you anything more specific but hope this helps to show your interpretation is, at least, applied by others.
p48
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Rank: Super forum user
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Pete
My take on it is a trifle firmer than yours as it is meant that the supervisor must be present in the actual task workarea and not merely present in the general location or site. This is precisely what was intended under the WWM Regs.
Bob
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Rank: Forum user
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Thanks for the replies
I think it's pretty certain then, if the supervisor isn't there supervising, it isn't direct and personal supervision.
Cheers
Keith
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