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Webmaster's Note: This page was created from a document that was originally designed to be printed as a brochure/booklet. The original document, including printing instructions, can be downloaded here (363kb). An alternate printer friendly version can be viewed or downloaded here (45kb - wps.pdf; Acrobat Reader required). The Worker Protection Standard is a very complex regulation that will require considerable study. This booklet is just an introduction and should not be used as a final interpretation of WPS. The label of the pesticide product being used is the final authority. Always read and follow the label of the pesticide you are using. NOTICE Amendments have been made to the following areas of the WPS. While the Worker Protection Standard for Agricultural Pesticides - How To Comply: What Employers Need to Know may not include these changes, it remains the most comprehensive source for WPS information. Summaries of these changes may be found at the end of this booklet.
For more information about WPS contact: Your local County Extension Office Hearing impaired Missourians can contact the department through Relay Missouri The Worker Protection Standard for Agricultural Pesticides (WPS) is a regulation issued by the U.S. Environmental Protection Agency (EPA). It protects persons who use pesticides in the production of agricultural plants on farms, and in forests, nurseries, and greenhouses. The WPS requires employers to take steps to reduce the risk of pesticide-related illness and injury for themselves and the people they employ in the production of agricultural plants. Labels of pesticides affected by WPS reflect the new Worker Protection Standard requirements. These products carry a statement under the new Agricultural Use Directions section of the labeling. This statement will instruct users to comply with all provisions of the WPS. When you are using a pesticide product with labeling that refers to the Worker Protection Standard, you must comply with the WPS. The WPS covers: agricultural workers - perform tasks related to the cultivation and harvesting of plants on farms or in greenhouses, nurseries, or forests, and pesticide handlers - mix, load or apply agricultural pesticides; clean or repair equipment; act as flaggers, or perform any task involving direct contact with pesticides Employers are responsible for making sure that workers and handlers receive the protections required by the pesticide labeling and the WPS. There are two types of employers: agricultural employers - those who employ or contract for the services of workers or own or operate an establishment that employs workers, handler employers - those who hire pesticide handlers or are self-employed as handlers. This definition includes commercial applicators and companies which supply crop advisory services on agricultural establishments. Agricultural Establishment - any farm, forest, nursery or greenhouse. Agricultural Owner - any person who possess or has an interest (fee, leasehold, rental or other) in an agricultural establishment covered by the WPS. A person who has leased an agricultural establishment to another person and who has granted that same person the right and full authority to manage and govern the use of that establishment is NOT an agricultural owner under the WPS. The WPS affects agricultural establishments where agricultural plants (almost any plant) are grown for commercial production or research purposes. While this is interpreted broadly, it does rule out most strictly ornamental and home uses of plants. This booklet explains many of the requirements under the WPS. However, whether or not you employ workers and handlers, at a minimum, YOU will be required to comply with new personal protective equipment and restricted entry statements on the pesticide labels. Therefore, whether you are an employer or not, you will be affected by the WPS, at a minimum, by changes in the labels of the pesticides you use. DUTIES OF ALL EMPLOYERS Some WPS protections that employers must provide to their employees are nearly the same whether the employees are workers or handlers. Information at a Central Location For the benefit of all employees, information must be posted at an easily seen, central location on each agricultural establishment. That information includes:
Employers must tell workers and handlers where the information is posted and allow them access to the information. Be sure that the information remains legible and notify your employees of any changes to the emergency medical facility information. Decontamination Materials Employers must provide materials so that workers and handlers can wash pesticides and residues from their hands and body. Decontamination materials must include:
Decontamination materials must be within 1/4 mile of the employees* work site. If the work place is more than 1/4 mile from the nearest point of vehicular access, the decontamination materials may be located at the nearest access point. Handler employers must also provide decontamination materials:
Emergency eyeflush water must be immediately available if the pesticide label calls for protective eyewear. The decontamination materials may not be located in an area under restricted entry unless they serve handlers working in that area. In this case, all materials must be protected from contamination. Emergency Assistance If there is reason to believe that a handler or worker may have been poisoned or injured by pesticides, an employer must promptly make transportation to an appropriate medical facility available to that person. Be prepared to provide the victim and medical personnel with:
Pesticide Safety Training Handlers and workers must be trained every five (5) years unless they are certified applicators. Handlers must be trained before they do any handling activity. Workers must receive complete WPS training by the 5th day of entering into an area on an agricultural establishment that has been treated or under an REI in the last 30 days. They must receive basic pesticide safety information before entering a treated area. See page 27 for more information. Training may be conducted by a certified applicator (private or commercial) or by someone who has completed a train-the-trainer program. Training may be given orally and/or audiovisually, but must be in a manner and language that employees can understand, using easily understood terms or an interpreter. Trainers must answer questions. Information Exchange An agricultural employer must be informed when a pesticide is to be applied on his/her agricultural establishment by a commercial handler (commercial applicator or custom applicator). The commercial handler employer must provide the agricultural employer with all the information needed to be posted at the central location, plus:
The agricultural employer, on the other hand, must make sure the commercial handler employer is aware of all areas on the agricultural establishment where pesticides will be applied or where an REI will be in effect while the commercial handler is on the establishment, and entry restrictions for those areas. It is the responsibility of each employer to provide his/her employees with the protections required under WPS. ADDITIONAL DUTIES FOR WORKER EMPLOYERS Agricultural employers must provide some additional protections specifically for their workers. Restrictions During Applications An employer must keep all workers out of areas being treated with pesticides. Only properly trained and properly equipped handlers are allowed in areas being treated. Under some application conditions, nursery and greenhouse workers must also be kept a certain distance from the treated area. See page 12 of this summary or the How to Comply Manual for more information on these restrictions. Restricted-Entry Intervals (REIs) The restricted-entry interval is the time immediately after a pesticide application when entry into the treated area is limited. During an REI, do not allow workers (including owner and family members) to enter a treated area or contact anything treated with the pesticide to which the REI applies. REIs are located on the pesticide label. When two (or more) pesticides are applied at the same time and have different REIs, you must follow the longer interval. See page 23 for more information. Exceptions to REIs The REI restriction has two exceptions, early entry with no contact, and early entry with limited contact. No-contact early entry means NO contact! Workers (including owners and families) may enter a treated area during an REI if they do NOT touch or are NOT touched by any pesticide residues, including residues found on plants, including both agricultural plants and weeds, on or in soil or the planting medium, in water, such as irrigation water or water standing in drainage ditches or puddles, or in air, if the pesticide remains suspended after application, such as after fumigation or after a smoke, mist, fog, or aerosol application. Avoiding contact by using personal protective equipment does NOT qualify as no-contact early entry. Early-entry with limited contact allows workers to enter a treated area during a restricted-entry interval when pesticides NOT requiring double (oral and written) notification have been used. For early-entry with limited contact, workers must wait at least 4 hours after the pesticide application is completed before entering. Workers must be provided understandable oral or written instructions about the early entry exemption. Workers' contact with pesticide residues must be minimal and limited to the feet, lower legs, hands, and forearms. No hand labor (such as hoeing, picking, pruning, etc.) may be performed. Early-entry PPE must be provided in accordance with the label, or include, at a minimum, coveralls, chemical resistant gloves, socks, chemical resistant footwear, and eyewear (if eyewear is required by the label). See pages 21 and 25 for more information. Each worker may only spend 8 hours in 24 hours in the treated area when performing limited contact tasks and must follow any other restrictions specified in the pesticide's labeling or in any special exception under which the early entry takes place. More information about exceptions may be obtained from the Missouri Department of Agriculture or EPA. Notice About Applications Employers must notify workers about pesticide applications on their establishment. In most cases, employers may choose between oral warnings or posted warning signs, but they must tell workers which warning method is in effect. For pesticides with the following statement on the label, employers must provide both oral warnings and post the treated area. Notify workers of the application by warning them orally and by posting warning signs at entrances to treated areas. Posted warning signs must be similar to the design above. Other languages commonly spoken by workers may be substituted for Spanish. Sign size may vary with posting distance and where used. They may be put up no earlier than 24 hours before application, must remain during the REI, and must be removed before workers enter or within 3 days after the end of the REI. Warning signs must be posted so they can be seen at all normal entrances to treated areas, including entrances from labor camps. See page 31 for more information on signs. Oral warnings must be delivered in a manner understood by workers, using an interpreter, if necessary. Oral warnings must include the location and description of the treated area, the REI, and specific directions not to enter during the REI. ADDITIONAL DUTIES FOR HANDLER EMPLOYERS Employers are also required to provide additional protections to their handlers. Application Restrictions Do not allow handlers to apply a pesticide so that it contacts, directly or through drift, anyone other than trained and PPE-equipped handlers. Monitoring Sight or voice contact (radio etc.) must be made at least every two (2) hours with anyone handling pesticides labeled with a skull and crossbones (signal word: DANGER-POISON). Specific Instructions for Handlers Handler employers must assure that before any handling task handlers are given information from the pesticide*s labeling regarding its safe use, have access to the labeling during the entire handling task; and are instructed in the safe operation of the equipment they will be using. Commercial handler employers must make sure their employees are aware of areas on an establishment where pesticides have been applied or where an REI is in effect and are aware of restrictions on entering those areas. Personal Protective Equipment (PPE) Employers must provide handlers with the PPE as listed on the pesticide label. The PPE must be maintained in a clean and operational condition. Employers must assure the PPE fits correctly and that each handler wears and uses the PPE correctly. Each handler must be provided a clean place to put on and remove PPE, and a place to store personal clothing. Handlers must not be allowed to wear or to take home PPE. Employers must also take action to prevent heat-related illness while PPE is being worn. Cleaning and Maintaining PPE Employers must make sure that PPE is cleaned according to manufacturer's instructions, inspected, and repaired before each use. PPE that is non-reusable or cannot be cleaned, or clothing drenched with pesticide concentrates labeled DANGER or WARNING must be disposed of properly. PPE must be washed and dried properly, and stored separately from personal clothing. Respirator filters, cartridges, or canisters must be replaced as often as required by manufacturer's instructions or when contaminated with pesticides. The handler employer must make sure anyone cleaning PPE is informed of possible pesticide residues on PPE, of the potentially harmful effects of pesticides, and of the correct ways to handle and clean PPE. Equipment Safety Handler employers must make sure that equipment used for mixing, loading, transferring, or applying pesticides is inspected and repaired or replaced as needed. Only appropriately trained and equipped handlers may repair, clean, or adjust pesticide handling equipment that contains pesticides or pesticide residues. AGRICULTURAL OWNER EXEMPTIONS Owners of agricultural establishments and members of their immediate family qualify for agricultural owner exemptions while performing tasks related to the production of agricultural plants on their own establishment. Immediate family includes only the owner's spouse, children, stepchildren, foster children, parents, stepparents, foster parents, brothers, and sisters. Agricultural owners, however, must provide all protections required by the WPS to persons who are NOT members of their immediate family. The WPS does NOT allow any exemptions for owners of commercial pesticide handling establishments (commercial applicators or custom applicators), or persons who operate or manage, but do not own, an agricultural establishment. Incorporated Agricultural Establishments If your farm, forestry operation, nursery, or greenhouse is incorporated, all stockholders of the corporation must be members of your immediate family to qualify for agricultural owner exemptions. If any stockholders are not members of your immediate family, then the corporation is the "owner" for purposes of the WPS and you may not take advantage of the agricultural owner exemptions. The EPA and the Missouri Department of Agriculture encourage you to provide all WPS protections to yourself and your family. Those protections which you are NOT required by WPS to provide for yourself or members of your immediate family include, information at a central location, pesticide safety training, decontamination materials, emergency assistance, notice about applications, monitoring of handlers, specific handling instructions, equipment safety. However, if you hire any workers or handlers other than your immediate family, you will be required to provide all WPS protections to those employees. NURSERIES AND GREENHOUSES Although most of the requirements of the WPS affect all agricultural establishments equally, there are several special requirements for nurseries and greenhouses. The following requirements, while limited to greenhouses and nurseries, are NOT the only WPS requirements affecting greenhouses and nurseries. All other WPS requirements also apply. GREENHOUSES - any operation which produces plants inside any structure or space that is enclosed with a nonporous covering and that is large enough to permit worker entry. This term includes, but is not limited to, traditional greenhouses, polyhouses, enclosed hoop houses, and similar structures. This definition also covers any enclosed area where plants are produced that may NOT be traditionally thought of as a greenhouse. Monitoring Handlers Employers must ensure someone maintains constant visual or voice contact with any handler who is applying or otherwise handling a fumigant in a greenhouse. This includes handlers who enter the greenhouse during fumigation to operate ventilation systems, adjust tarps or other coverings used in the fumigation or to check air concentration levels. In the event of a pesticide emergency, the person monitoring the fumigant handler must be prepared to enter the greenhouse. This person must be trained as a pesticide handler, and have immediate access to a second set of the personal protective equipment (PPE) that the fumigant labeling requires for applicators so they can enter safely. Special Application Restrictions Employers must ensure that workers and other persons do not enter specific areas within a greenhouse during — and, in some instances, after — certain pesticide applications. This is described in Table 1. During any application described in COLUMN A, do not allow or direct any person, other than an appropriately trained and equipped handler, to be in the areas specified in COLUMN B.
Ventilation Criteria for Greenhouses After some types of pesticide applications, employers must adequately ventilate the areas in COLUMN B before allowing workers to enter. If COLUMN C of Table 1 indicates that ventilation restrictions apply, make sure one of the following criteria is met. 1. The concentration of the pesticide in the air is measured to be less than or equal to any inhalation exposure level required on the labeling. 2. If no inhalation exposure level is listed on the labeling, keep workers out until after:
Restricted Entry Intervals (REIs) The restricted-entry interval is the time immediately after a pesticide application when entry into the treated area is limited. After applicable ventilation criteria are met and until the REI expires, do not allow workers into the area described in COLUMN D. Workers may, however, enter areas just outside the treated area that were off-limits during the application. Notification to Workers In greenhouses, all treated areas must be posted with WPS warning signs. Post signs so they can be seen from all points where workers usually enter the treated area, including doorways, aisles, and other walking routes in and through greenhouses. If the pesticide labeling requires both types of notification, then employers must also orally notify workers. See page 31. NURSERIES - any operation engaged in the outdoor production of cut flowers, ferns or other plants that will be used in their entirety in another location. Such plants include, but are not limited to, flowering and foliage plants or trees; tree seedlings; live Christmas trees; vegetable, fruit, and ornamental transplants; and turfgrass produced for sod. Special Application Restrictions in Nurseries Employers must make sure that, during certain nursery applications, workers and other persons do not enter treated areas on the nursery. In some circumstances, that prohibition extends beyond the treated area. During any application described in COLUMN A of Table 2 below, do not allow or direct any person, other than an appropriately trained and equipped handler, to be in the areas on the nursery specified in COLUMN B. Do not allow workers to re-enter the treated area until the REI has expired.
WPS UPDATE: CROP ADVISORS In April 1995, EPA completed a final rule amendment to the Worker Protection Standard (WPS) that exempts certified or licensed crop advisors and persons under their direct supervision while performing crop advisor tasks from WPS provisions except for pesticide safety training. BACKGROUND In July 1994, EPA received a petition from a coalition of agricultural organizations that recommended exempting crop advisors from the WPS. In a January 1995 Federal Register Notice, EPA proposed for comment an exemption of certain crop advisors from certain WPS requirements. EPA has considered comments received and has issued a final determination. SUMMARY OF FINAL RULE AMENDMENT
DISCUSSION As handlers under the WPS, crop advisors may enter treated areas during application and the restricted entry interval without time limitations, if provided with the required personal protective equipment (PPE) specified on the product labeling and other protection provided for handlers. Employees of agricultural establishments who are performing crop advisor tasks in a treated area within 30 days of the expiration of the restricted entry interval are provided the same protection as workers under WPS. The exemption established by this action allows certified or licensed crop advisors to choose appropriate protection to be utilized while performing crop advising tasks in treated areas after the end of pesticide application. This rule also establishes a temporary exemption for all persons while doing crop advising tasks in order to allow time to acquire certification or licensing. EPA is exempting knowledgeable and experienced crop advisors, and persons under their direct supervision, from the PPE, knowledge of labeling and site specific information, decontamination, and emergency assistance requirements of the WPS after pesticide application ends and only when performing crop advising tasks. Certified or licensed crop advisors may substitute pesticide safety training received during the Federal, State or Tribal approved certification or licensing program if such training is at least equivalent to the WPS training. WPS Update: Limited Contact Exception In April 1995, EPA completed an exception to the Worker Protection Standard (WPS) that would allow, under specified conditions, workers to enter pesticide treated areas during a restricted entry interval (REI) to perform tasks that involve limited contact with pesticide treated surfaces. The REI is the time period after a pesticide application when workers may not enter a pesticide treated area without protective clothing. BACKGROUND Under the WPS, each pesticide label specifies an REI, usually ranging from 12 to 72 hours. The 1992 WPS limited worker early entry activity in treated areas under an REI to 1 hour in a 24 hour period. In July 1994, EPA received a petition from a coalition of agricultural organizations. These organizations recommended an exception to the WPS for performing tasks involving limited contact with pesticide treated surfaces. EPA considered the petition, and in a January 1995 Federal Register Notice, proposed to grant such a nationwide exception. In the Notice, EPA also solicited public comment. The public comments received helped to persuade EPA that there could be significant economic impacts if certain limited contact tasks were prohibited during the REI. Therefore, the Agency is granting an exception to the early entry prohibition for limited contact activities. SUMMARY OF FINAL ACTION This exception allows workers the flexibility during an REI to perform limited contact tasks that could not have been foreseen and which, if delayed, would cause significant economic loss. At the same time, the exception includes significant provisions to limit pesticide exposure and risk to employees performing limited contact tasks. The conditions of the exception for limited contact, early entry activities are:
WPS Update: Reduced REI for Low Risk Pesticides In April 1995, EPA completed a pesticide regulation action that would reduce the restricted entry intervals (REIs) from 12 hours to 4 hours for certain low risk pesticides covered by the Worker Protection Standard (WPS). The REI is the time period after a pesticide application when workers may not enter a pesticide treated area without protective clothing. This action to reduce REIs applies only to low risk pesticide products that have active ingredients on the candidate list published in the Federal Register Notice of this action. BACKGROUND The 1992 WPS established an interim minimum REI of 12 hours for all end use pesticide products for agricultural uses. Longer interim REIs were established for more toxic products. Since 1992, numerous registrants and pesticide users have asked EPA to consider reducing the minimum 12 hour REI for lower toxicity products that they believe do not need a 12 hour REI to protect workers. In response, in January 1995, the Agency addressed these concerns with a published a proposal for public comment. The Agency has considered the comments received and determined that reducing the REIs for low risk pesticides would still provide adequate protection to workers. Moreover, reducing the REI would provide agricultural producers with greater flexibility and may promote the use of these inherently less toxic products over those with greater risks and longer REIs. The Agency concludes that the modification of the REIs will not result in unreasonable risk to workers. Accordingly, the Agency established a selection criteria for active ingredients with low toxicity, which would make products with these active ingredients eligible for shorter REIs. As a result of this action, a list of 114 active ingredients, currently subject to WPS requirements, were determined to meet the lower toxicity criteria. SUMMARY OF FINAL ACTION This action will allow pesticide registrants, whose products and active ingredients meet the Agency's lower toxicity criteria, to:
WPS Update: Irrigation Exception In April 1995, EPA completed an exception to the Worker Protection Standard (WPS) that would allow, under specified conditions, workers to enter pesticide treated areas during a restricted entry interval (REI) to perform irrigation tasks. The REI is the time period after a pesticide application when workers may not enter a pesticide treated area without protective clothing. BACKGROUND Under the WPS, each pesticide label specifies an REI, usually ranging from 12 to 72 hours. The 1992 WPS limited worker early entry activity in treated areas under an REI to 1 hour in a 24 hour period. In July 1994, EPA received a petition from a coalition of agricultural organizations. These organizations recommended an exception to the WPS for performing irrigation tasks. EPA considered the petition, and in a January 1995 Federal Register Notice, proposed to grant such a nationwide exception. In the Notice, EPA also solicited public comment. The public comments received helped to persuade EPA that there could be significant economic impacts if certain irrigation tasks were prohibited during the REI. Therefore, the Agency is granting an exception to the early entry prohibition for certain irrigation activities. SUMMARY OF FINAL ACTION This exception allows workers the flexibility during an REI to perform irrigation tasks that could not have been foreseen and which, if delayed, would cause significant economic loss. At the same time, the exception includes significant provisions to limit pesticide exposure and risk to employees performing irrigation tasks. The conditions of the exception for early entry irrigation activities are:
WPS Update: Training Requirements In April 1995, EPA completed a final rule amendment to the Worker Protection Standard (WPS) regarding the grace period (time before a worker must be trained) and the retraining interval for worker pesticide safety training. BACKGROUND In a January 1995 Federal Register Notice, EPA addressed concerns raised by farmworker groups and agricultural employer groups regarding the grace period and the retraining period for worker pesticide safety training. In this Notice, the agency proposed various options to modify these WPS requirements and solicited public comment. The Agency has considered comments received and has issued a final determination. SUMMARY OF FINAL RULE AMENDMENT
DISCUSSION As of January 1, 1996, the agricultural employer shall assure that a worker receives basic pesticide safety information before they enter a treated area on the establishment. This would provide basic safety information to workers while they wait for the complete WPS pesticide safety training which is required within the first 5 days of entering a treated area. The agricultural employer must assure the information is communicated to agricultural workers in a manner they can understand. In cooperation with USDA and States, EPA will develop and distribute a model handout that will provide the basic pesticide safety information. Agricultural employers may use this handout, develop their own, or use other materials that contain the required basic safety information. Agricultural employers must be able to verify compliance with this requirement. The basic pesticide safety information must include the following concepts:
WPS Update: Decontamination In June 1996, EPA amended the Worker Protection Standard (WPS) to reduce the number of days decontamination supplies (soap, water, paper towels) are required to be available to workers after application of pesticides which are low risk and have Restricted Entry Intervals (REIs) of four hours or less. BACKGROUND In July 1994, EPA received a petition from a coalition of agricultural organizations that requested that EPA only require decontamination supplies during Restricted Entry Intervals (REIs) specified on the label or immediately following pesticide application. REI’s are the time period after application of a pesticide when worker entry into the treated area is restricted. In September 1995, EPA proposed to reduce the time decontamination supplies are required from thirty days to a range of one to fifteen days following use of pesticides with REIs of four hours or less. During the public comment period, EPA received comments from growers, farmworker groups, state agencies, and private citizens. SUMMARY OF FINAL RULE AMENDMENT
DISCUSSION Through a screening process, EPA has determined that certain pesticides with REIs of four hours or less pose low potential risk, and that the current thirty day decontamination requirement is not appropriate for these pesticides, EPA is unwilling to alter the thirty day decontamination requirement for other pesticides, For those pesticides which qualify for the reduced period, employers may still chose to provide decontamination supplies for longer periods of time. WPS Update: Warning Signs In June 1996, EPA amended the Worker Protection Standard (WPS) to modify the warning sign size and language requirements. BACKGROUND in September 1995, EPA proposed to allow growers to substitute another language for the Spanish portion of the warning sign and to allow the use of a small size sign in nurseries and greenhouses where use of the standard (14" x 16") sign interfered with operations and the clear identification of a treated area. EPA considered the comments received from growers, farmworker groups, state agencies, and private citizens and issued a final determination to allow other languages to improve the effectiveness of the signs in warning workers whose predominant language is not Spanish and to permit smaller signs in greenhouses and nurseries. SUMMARY OF FINAL RULE AMENDMENT
DISCUSSION Language substitution on the sign allows agricultural employers to tailor the sign to accommodate a work force whose predominant language is neither English nor Spanish. Allowing smaller signs in nurseries and greenhouses will facilitate posting of treated area. The posting and lettering requirements for the smaller signs will result in sign sizes of approximately 7 inches by 8 inches and 41/2 inches by 5 inches. |
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