Chem-News August 1992
TO: Those Interested in Pesticide Information
DATE: August 21, 1992
FROM: William G. Smith, Senior Extension Associate
Enclosed please find information related to the new Worker Protection Standard
from the U.S. Environmental Protection Agency (EPA). The Standard
incorporates new steps to protect most agricultural workers from occupational
exposure to pesticides.
Please note that the generic requirements of this Standard will be enforceable
on or about April 15, 1994. Also, EPA is issuing a notice of proposed
rulemaking to this Standard that could require that chemical information be
provided to workers similar to that now being provided under the Hazard
Communication Standard regulated by OSHA.
Enclosures: Summary of Provisions
EPA Fact Sheet
EPA: Question & Answers
dak
August 13, 1992
United States Environmental Protection Agency
FACT SHEET
__________
WORKER PROTECTION STANDARD FOR AGRICULTURAL PESTICIDES
The Environmental Protection Agency (EPA) is issuing final revisions to its
regulations governing the protection of workers from agricultural pesticides.
These revised regulations expand the scope of the standard to include not only
workers performing hand labor operations in fields treated with pesticides,
but employees in forests, nurseries, and greenhouses, and employees who handle
(mix, load, apply, etc.) pesticides for use in these locations. The
regulations expand requirements for warnings about applications, use of
personal protective equipment, and restrictions on entry to treated areas, and
add new provisions for decontamination, emergency assistance, maintaining
contact with handlers of highly toxic pesticides, and pesticide safety
training. Pesticide registrants are required to add appropriate labeling
statements referencing these regulations and specifying application
restrictions, restricted-entry intervals (REI's), personal protective
equipment (PPE), and notification to workers of pesticide applications. EPA
has determined that its present regulations are inadequate to protect
agricultural workers and pesticide handlers who are occupationally exposed to
pesticides. The revised regulations are intended to reduce the risk of
pesticide poisonings and injuries among agricultural workers and pesticide
handlers through implementation of appropriate exposure reduction measures.
The provisions in the revised Worker Protection Standard are directed
toward the working conditions of two types of employees:
-- pesticide handlers -- those who handle agricultural pesticides (mix,
load, apply, clean or repair equipment, act as flaggers, etc.), and
-- agricultural workers -- those who perform tasks related to the
cultivation and harvesting of plants on farms or in greenhouses,
nurseries, or forests.
There are three types of provisions intended to:
(l) eliminate or reduce exposure to pesticides,
(2) mitigate exposures that occur, and
(3) inform employees about the hazards of pesticides.
1. Provisions to eliminate or reduce pesticide exposures
________________________________________________________
This final rule limits pesticide exposures by establishing restricted-
entry intervals (REI's) for all pesticide products which are used in the
production of agricultural plants and for which REI's have not been set
according to current standards. The REI is a period of time after application
of a pesticide during which worker entry to the treated area is restricted.
-- Previously established REI's -- will be retained if they are based on
entry data that meet Agency guidelines. Any other previously
established entry interval is considered to be "interim" and will be
retained only if it is longer than the REI established by Part 170.
-- 48-hour REI -- is established for any product that is highly toxic
because of dermal toxicity or skin or eye irritation. (The REI is
extended to 72 hours in arid areas if the product is an organo-
phosphate and is applied outdoors.)
-- 24-hour REI -- is established for any product that is moderately toxic
because of dermal toxicity or shin or eye irritation.
-- 12-hour REI -- is established for all other products.
Overall exposure to pesticides is reduced in this final rule by:
-- prohibiting handlers from applying a pesticide in a way that will
expose workers or other persons,
-- excluding workers from areas being treated with pesticides,
-- excluding workers from areas that remain under an REI, with narrow
exceptions.
-- protecting early-entry workers who are performing permitted activities
in treated areas during an REI, including special instructions and
duties related to correct use of PPE,
-- notifying workers about treated areas so they can avoid inadvertent
exposures, and
-- protecting handlers during handling activities, including monitoring
while handling highly toxic pesticides and duties related to correct
use of PPE.
2. Provisions to mitigate exposure
__________________________________
Exposure to pesticides is mitigated in this final rule by:
-- Decontamination supplies -- providing handlers and workers an ample
supply of water, soap, and towels for routine washing and emergency
decontamination,
-- Emergency assistance -- making transportation available to a medical
care facility if an agricultural worker or handler may have been
poisoned or injured by a pesticide, and providing information about
the pesticide(s) to which the worker or handler may have been exposed.
3. Provisions to inform employees about pesticide hazards
_________________________________________________________
This final rule provides information about pesticide hazards through:
-- Pesticide safety training -- requiring training for workers and
handlers,
-- Pesticide safety poster -- requiring the posting of a pesticide
safety poster,
-- Access to labeling information -- requiring that pesticide handlers
and early-entry workers are informed of pesticide label safety
information, and
-- Access to specific information -- requiring a centrally located
listing of pesticide treatments on the establishment.
August 13, 1992
WORKER PROTECTION STANDARD FOR AGRICULTURAL PESTICIDES
SUMMARY OF PROVISIONS
The Environmental Protection Agency has revised its Worker Protection
Standard (WPS) dealing with the protection of agricultural workers from
pesticide exposure (40 CFR Part 170). The new Worker Protection Standard
contains requirements designed to reduce the risks of illness or injury
resulting from pesticide handlers' and agricultural workers' occupational
exposures and agricultural workers' and other persons' accidental exposures to
pesticides used in the production of agricultural plants on farms, nurseries,
greenhouses and forests. The following is a summary of the major provisions
of this regulation.
A. GENERAL
__________
SCOPE AND APPLICABILITY
-- Pesticide uses included in the scope are those involved in the production
of agricultural plants on farms, forests, nurseries, and greenhouses.
-- Exceptions:
-- Government-sponsored public pest control;
-- Livestock uses;
-- Habitations, gardens, lawns, etc.;
-- Pasture/rangeland, rights-of-way and structures;
-- Vertebrate pests;
-- Attractants/repellents in traps;
-- Post-harvest;
-- Research uses of unregistered pesticides.
-- Exemptions: Owner and immediate family exempt from generic provisions,
principally training, notification, decontamination, and emergency assistance.
They must comply with pesticide-specific requirements, such as personal
protective equipment (PPE) and restricted-entry intervals (REI's).
RESPONSIBILITY
-- Employers have the responsibility to make sure the protections of this
standard are provided to agricultural workers and pesticide handlers.
-- Employers may not prevent or discourage any agricultural worker or
pesticide handler from complying with the standard and may not take
retaliatory action against handlers or workers who attempt to comply.
KEY DEFINITIONS
-- Agricultural employer:
-- Hires or contracts for the services of agricultural workers OR
-- Owns or is responsible for the management and condition of an
agricultural establishment that uses such workers.
-- Commercial pesticide handling establishment is any establishment other than
an agricultural establishment (farm, forest, nursery, or greenhouse) that:
-- Employs handlers to apply pesticides on agricultural establishments OR
-- Employs persons to perform tasks as crop advisors on agricultural
establishments.
-- Handler:
-- Mixes, loads, transfers, or applies pesticides;
-- Disposes of pesticides or unrinsed containers;
-- Handles opened containers;
-- Flags;
-- Cleans, adjusts, handles, or repairs contaminated equipment;
-- Assists with application;
-- Enters enclosed area after use of airborne pesticide before PEL or
ventilation criteria are met;
-- Enters area treated with soil fumigant to adjust or remove tarps;
-- Performs tasks as a crop advisor during application or an REI.
-- Worker: performs tasks (other than handler tasks) related to the production
of agricultural plants on an agricultural establishment.
B. PROTECTIONS FOR ALL EMPLOYEES
________________________________
Employers of pesticide handlers and agricultural workers must make sure the
following protections are provided to workers/handlers in their employ.
CENTRALLY LOCATED INFORMATION
-- If workers or handlers are employed on an agricultural establishment, the
employer must establish a central location to:
-- Display a poster containing WPS-specified information;
-- List the location of the nearest emergency medical facility;
-- Post information about each pesticide application on the establishment,
including:
-- location and description of treated areas;
-- product name, EPA registration number and active ingredient(s;
-- time and date of the application; and
-- restricted entry interval for the pesticide.
-- The employer must also:
-- Keep information about applications posted until at least 30 days after
the REI expires; and
-- Inform workers/handlers where the poster is located and allow them
access.
EMERGENCY ASSISTANCE
-- In the case of a suspected pesticide poisoning, the employer must make
available prompt transportation to an appropriate medical facility.
-- The employer must also provide the worker or handler or the treating
medical personnel with information from the pesticide labeling and information
about how the suspected exposure occurred.
DECONTAMINATION
-- Employers must provide workers with a decontamination site while the
workers are performing permitted activities in a treated area where an REI is
in effect or performing any activities in a treated acres where an REI has
expired within the past 30 days.
-- Employers must provide pesticide handlers with a decontamination site while
handlers are performing handling activities.
-- Supplies for washing pesticides from the skin and eyes must be provided
within 1/4 mile of all workers and handlers, including:
-- Enough water for washing (Water must be of a quality and temperature
that will not cause illness or injury when it contacts the skin or eyes
or if it is swallowed);
-- Enough soap and single-use towels; and
-- Clean coverall (at handler sites).
-- Eyeflush water must be made immediately available to handlers and early-
entry workers if they are required to wear protective eyewear.
INFORMATION EXCHANGE
-- An agricultural employer must be informed when a pesticide is to be applied
on the agricultural establishment by a commercial handler and must be provided
the information needed to be posted at the central location plus:
-- Whether both oral warnings and treated area posting are required; and
-- Any other protection requirements on the label for workers or other
people.
-- A commercial handler employer must be informed of entry restrictions for
and the location/description of any areas on the agricultural establishment
that the commercial handler may be in (or within 1/4 mile of) which may be
treated with a pesticide or be under an REI while the commercial handler is on
the establishment. The commercial handler employer must provide this
information to the commercial handler.
C. PROTECTIONS FOR WORKERS
__________________________
APPLICATION RESTRICTIONS
-- The employer must keep workers other than trained and protected pesticide
handlers out of an area being treated.
-- Under some application conditions, employers must keep nursery or
greenhouse workers out of locations that are near ~n arc- being treated.
ENTRY RESTRICTIONS
-- If contact with pesticides is possible, the employer must keep workers from
entering a treated area until the REI is over.
-- Exceptions:
-- Non-hand labor tasks can take place up to 1 hour/worker/day;
-- Tasks can take place if necessary due to a declared agricultural
emergency; and
-- Additional exceptions can be requested of EPA.
-- Employers must protect early-entry workers by making sure of the following:
-- No entry for the first 4 hours following the end of the application and
until any label-specified inhalation exposure level or the WPS
ventilation criteria have been met;
-- Workers informed about health effects and safety information from
pesticide labeling;
-- PPE provided, cleaned, and maintained for the worker;
-- Worker wears and uses PPE correctly;
-- Workers instructed how to put on, use, and remove the PPE and about the
importance of washing thoroughly after removing PPE;
-- Workers provided a clean place to put on and take off PPE and to store
personal clothing;
-- Action taken, if necessary, to prevent heat-related illness while
wearing PPE;
-- Soap, towels, and water provided when PPE is removed; and
-- Make sure no contaminated PPE worn home or taken home.
TRAINING FOR WORKERS
-- Unless already a certified applicator or a trained handler, each early-
entry worker must be trained before performing permitted tasks in a treated
area which remains under an EEI.
-- Unless already a certified applicator or trained handler, workers must be
trained before their 6th day of entry into treated areas on an agricultural
establishment within 30 days of the REI expiration. (Until about October,
1997, workers must be trained before their 16th day of such entry.)
-- The training must include written or audiovisual materials and be presented
in a manner the worker can understand, using nontechnical terms.
-- The trainer must be a certified applicator, a trainer of certified
applicators, someone who has completed an approved train-the-trainer course,
or a trained handler.
-- The training program must contain the general pesticide safety information
specified in the WPS.
NOTICE OF APPLICATIONS
-- On farms, nurseries, and forests, each worker who might enter a treated
area or walk within 1/4 mile of a treated area during application or an REI
must be warned orally or by posting warning signs at the treated area.
-- In greenhouses, each worker who might enter a greenhouse during an
application or an REI must be warned by posted warning signs at entrances to
treated areas.
-- Some pesticides will have a statement on the product labeling requiring
both posting of warning signs and oral warnings to workers.
-- The posted warning sign must:
-- Include the words: "Pesticides/Pesticidas - Danger/Peligro - Keep
Out/No Entre";
-- Contain the WPS warning-sign symbol (a stern face and an upraised hand);
-- Meet size and color requirements; and
-- Be visible at all usual entrances to the treated area.
-- The oral warning must:
-- Give location and description of the treated area;
-- State the time during which entry is restricted; and
-- Instruct workers not to enter the treated area until the REI is over.
D. PROTECTIONS FOR HANDLERS
___________________________
APPLICATION RESTRICTIONS
-- The employer and the handler must make sure that no pesticide is applied so
as to contact, either directly or through drift, any person other than a
trained and protected handler.
-- The employer must make sure that any handler who is handling a pesticide
with a skull and crossbones symbol on the label is monitored visually or by
voice contact at least every 2 hours.
-- The employer must make sure that any handler who is handling a fumigant in
a greenhouse maintains continuous visual or voice contact with another
handler.
PERSONAL PROTECTIVE EQUIPMENT
-- When personal protective equipment is required by the product labeling for
the handling activity. The employer must:
-- Provide the PPE to each pesticide handler;
-- Clean and maintain the PPE correctly;
-- Make sure that each handler wears and uses the PPE correctly;
-- Provide each handler a clean place to put on and take off PPE and to
store personal clothing;
-- Take action, if necessary, to prevent heat-related illness while PPE is
being worn;
-- Provide soap, towels, and water to each handler at the end of the
handling activity when PPE is removed; and
-- Not allow any handler to wear home or take home PPE worn for handling
activities.
KNOWLEDGE OF PESTICIDE LABELING
-- The employer must make sure that each handler has either read the pesticide
labeling or been informed of the information on the labeling.
-- The pesticide product labeling must be accessible to the handler during the
handling activity.
SAFE OPERATION OF EQUIPMENT
-- The employer must make sure that each handler is instructed in the safe
operation of handling equipment.
-- The employer must make sure that all handling equipment is inspected and in
good operating condition before each use.
TRAINING FOR HANDLERS
--Unless already a certified applicator or trained to use restricted-use
pesticides, handlers must be trained before performing handler tasks.
-- The trainer must include written or audiovisual materials and be presented
in a manner the handler can understand.
-- The trainer must be a certified applicator, a trainer of certified
applicators, or someone who has completed an approved train-the-trainer
course.
-- The training program must contain the general pesticide safety and correct
handling practice information specified in the WPS.
CLEANING AND MAINTAINING PPE
-- The employer must make sure that anyone cleaning PPE is informed:
-- That the PPE may have pesticides on it;
-- Of the potentially harmful effects of pesticides; and
-- Of the correct ways to handle and clean PPE.
-- The employer must make sure that:
-- PPE is inspected and repaired before each use;
-- PPE is cleaned according to manufacturers' instructions or in detergent
and hot water;
-- PPE that cannot be cleaned is disposed of;
-- Clothing drenched with concentrates of Danger or Warning pesticides are
disposed of;
-- PPE is kept, washed, and stored separately from personal clothing;
-- Clean PPE is dried appropriately; and
-- Respirator filters, cartridges, and canisters are replaced as often as
required.
PPE SUBSTITUTIONS AND EXCEPTIONS
-- Substitutions and exceptions to PPE are permitted when engineering controls
are used.
-- Pilots in open cockpits are exempted from any chemical-resistant footwear
requirement; a helmet may be substituted for chemical-resistant headgear and a
visor may be substituted for protective eyewear.
-- Pilots in closed cockpits are exempted from all PPE requirements; long-
sleeved shirt, long pants, shoes and socks are required.
-- Handlers using closed systems for mixing and loading are exempted from all
PPE except chemical-resistant gloves and apron; long-sleeved shirt, long
pants, shoes, and socks are required. If the closed system is pressurized,
protective eyewear is also required.
-- Handlers using enclosed cabs are exempted from all PPE except for any
respirator requirement; long-sleeved shirt, long pants, shoes, and socks are
required. Respirators are waived if the enclosed cab offers respiratory
protection equal or greater to the type of respirator specified.
-- Handlers or early entry workers working with plants with sharp thorns may
wear leather gloves over chemical-resistant glove liners.
-- Handlers or early entry workers working in rough terrain may wear leather
boots instead of chemical-resistant footwear.
E. REQUEST FOR EXCEPTION TO REI
_______________________________
-- Affected parties may request that EPA grant an exception to the prohibition
of routine hand labor tasks during an REI.
-- Exception request must include specified information about the need,
nature, feasibility, and basis for the request.
-- EPA will issue a notice that a request has been received and allow at least
30 days for public comment.
-- EPA will publish a notice of its decision.
-- If no decision is issued by 9 months after close of comment period,
applicants may presume the request is denied, unless the deadline is extended
due to the complexity of the request or the number of requests being reviewed.
-- If a request is granted, employers must provide the early-entry workers
with the protections required by the WPS for other early entry.
-- EPA may withdraw exceptions to REI's if information indicates that the
health risks to workers are unacceptable or if it is no longer needed.
Affected parties may request a hearing when an exception is withdrawn.
-- EPA is issuing a notice that it is considering granting an exception to
REI's for the cut flower and cut fern industry.
WORKER PROTECTION STANDARD FOR AGRICULTURAL PESTICIDES
SUMMARY OF PROVISIONS -- PESTICIDE LABELING CHANGES
The Environmental Protection Agency has revised 40 CFR Part 156 to
prescribe Worker Protection Standard (WPS) statements that must be placed on
pesticide product labeling and to establish interim restricted-entry levels
and personal protective equipment requirements.
COMPLIANCE DATES
-- None of the provisions of the Worker Protection Standard are
enforceable until specific worker protection requirements and statements
referring to the WPS appear on pesticide labeling. Pesticides with the
revised labeling may not be released for sale before about April 15,
1993.
-- As soon as a product with revised labeling is used, the users must
follow the specific product labeling requirements for PPE, application
restrictions, restricted entry intervals and, if present, the requirement
for both treated are posting and oral warnings.
-- Users need not meet certain more generic requirements of the WPS until
April 15, 1994. These include requirements for decontamination sites,
training, cleaning and maintenance of PPE, emergency assistance, and
displaying a pesticide safety poster and pesticide-specific information.
WPS REFERENCE STATEMENT
-- The labeling of all affected agricultural pesticide products must
include specific statements in an Agricultural-Use Requirements
subsection near the beginning of the Directions For Use section. All
product labeling must include standardized statements that reference the
WPS and briefly list the major requirements of the WPS.
PROHIBITION STATEMENT
-- All product labeling must include a statement prohibiting application
of the product in a way that will contact workers or other persons
directly or through drift.
STATE REQUIREMENTS
-- All product labeling must include a statement advising users to
contact their State pesticide agency for information about their State's
pesticide requirements.
PRODUCT-TYPE IDENTIFICATION
-- Any product that contains organophosphate, n-methyl carbamate, or
fumigant active ingredient must be identified as such on the label.
SPANISH LANGUAGE STATEMENT
-- The label of any product in Toxicity Category I or II must have the
signal word in Spallish and a sentence in Spanish directing users to have
all labeling explained to them.
RESTRICTED-ENTRY INTERVALS (REI)
-- All product labeling must include a statement prohibiting entry during
the restricted entry interval.
-- All product labeling must specify a restricted entry interval(s).
Minimum interim restricted entry intervals based on the acute toxicity of
the active ingredient by the dermal, skin irritation and ocular routes of
exposure are established.
-- Previously established entry intervals will be retained if they are
based on entry data that meets Agency guidelines. Any other previously
established entry interval is "interim" and would only be retained if it
is longer than the interim REI established by the WPS.
-- A 48 hour REI is established for any product containing an active
ingredient in Toxicity Category I (highly toxic). [The REI for
organophosphates is extended to 72 hours if these products are applied
outdoors in areas with less than 25 inches rainfall/year.]
-- A 24 hour REI is established for any product containing an active
ingredient in Toxicity Category II.
-- A 12 hour REI is established for all other products.
NOTIFICATION TO WORKERS
-- The labeling of any product containing an active ingredient that is in
Toxicity Category I because of dermal toxicity or skin irritation
potential and of any product that is a fumigant that may be applied in a
greenhouse must have a statement requiring both posting of warning signs
and oral warnings to workers.
PERSONAL PROTECTIVE EQUIPMENT
-- All product labeling must specify required personal protective
equipment (PPE). Minimum PPE and work clothing requirements for
pesticide handlers and for early-entry workers are established. (Long-
sleeved shirts, long pants, shoes, and socks are defined as work clothing
and not PPE.)
-- Minimum PPE requirements for handlers are based on the acute toxicity
of the formulated pesticide product by dermal, ocular, and inhalation
routes of entry.
-- Ocular: Protective eyewear is required for Toxicity Category I and II
products.
-- Inhalation: A respirator is required for Toxicity I and II products.
The labeling must specify whether the required respirator is a
dust/mist filtering respirator, or organic-vapor-removing respirator
with a dust/mist prefilter, or air-supplying respirator. Registrants
must base this specification on the criteria in the WPS and in the
guidance that will be issued to registrants.
-- Dermal:
-- Chemical-resistant gloves are required for Toxicity I, II, and III
products. The labeling must specify a particular type of chemical-
resistant glove. Registrants must base this specification on the
criteria in the WPS and in the guidance that will be issued to
registrants.
-- Chemical-resistant footwear and socks are required for Toxicity I
and II products; shoes and socks are required for all other
products.
-- Coveralls worn over another layer of clothing are required for
Toxicity I and II long-sleeved shirt and long pants are required
for all other products.
-- Additional PPE based on exposure pattern are specified:
-- Handlers and early entry workers with overhead exposure also
must wear chemical-resistant headgear.
-- Mixers, loaders, and equipment cleaners also must wear a
chemical-resistant apron.
-- Early Entry PPE requirements are the same as the PPE required for
applicators, except any respirator requirement is waived and
coveralls and chemical-resistant (or waterproof) gloves are the
minimum allowed attire for early entry workers.
WORKER PROTECTION STANDARD FOR AGRICULTURAL PESTICIDES
SUMMARY OF PROVISIONS - NOTICE OF PROPOSED RULEMAKING
HAZARD INFORMATION
The Environmental Protection Agency is issuing a notice of proposed
rulemaking to add a provision to the newly revised Worker Protection Standard
(WPS) for agricultural pesticides. It proposes to provide information to
covered workers that is substantially equivalent to that required under the
Hazard Communication Standard promulgated by the Occupational Safety and
Health Administration (OSHA). This proposal would add a requirement that
specific hazard information be made available to agricultural workers and
pesticide handlers concerning the pesticides to which they are exposed. The
hazard information would be in the form of fact sheets or Material Safety Data
Sheets (MSDS's). The following is a summary of the major provisions of this
regulation.
PROVIDING HAZARD INFORMATION
-- The employer must provide hazard information to any worker who enters a
pesticide-treated area on an agricultural establishment where, within the last
30 days a pesticide has been applied or a restricted-entry interval (REI) has
been in effect.
-- The employer must provide hazard information to any handler of a pesticide
that is being handled or that has been handled within the past 30 days.
-- The employer must provide hazard information to any handler or worker who
may be exposed to the pesticide during its normal conditions of use or in a
foreseeable emergency.
-- The information must be provided at a central location: accessible to
workers and handlers during working hours and readily obtainable in an
emergency.
-- The information must be provided in written form within a reasonable amount
of time, on request from the worker or handler, the worker's or handler's
representative, or medical personnel treating the worker or handler.
FORMAT OF HAZARD INFORMATION
-- Hazard information must be either:
-- Material Safety Data Sheet for the product, or for each active and inert
ingredient listed on the label of the product; or
-- Fact sheet that has been prepared or approved by a State of Federal
agency for the pesticide.
CONTENT OF FACT SHEETS
-- Each fact sheet shall contain information, expressed in nontechnical terms,
except for items specifically targeted towards medical personnel, such as
antidotes or emergency treatment.
-- Fact sheet information must be accurate and updated as necessary.
-- The information shall include:
-- Typical brand name(s) of the pesticide, and the chemical name and common
name of the pesticide;
-- Information on the physical characteristics of the pesticide;
-- Information on the comparative toxicity of the pesticide, including
acute, allergic, chronic, and delayed-onset effects;
-- Information on any special protection needed in handling the product;
-- Information on spill or leak cleanup procedures and disposal methods for
excessive chemical and for containers;
-- The date the fact sheet was prepared or revised to its present form;
-- The telephone number of the National Pesticide Telecommunication Network
and the name, address, and telephone number of any responsible party who
could provide more information about the product or ingredients or about
emergency procedures;
-- If certain information is not obtainable, the fact sheet shall so
indicate.
Environmental Protection Agency August 1992
QUESTIONS & ANSWERS
WORKER PROTECTION STANDARD
1. WHAT IS THE REVISED WORKER PROTECTION STANDARD (WPS) - FINAL RULE, AND WHAT
DOES IT CONTAIN?
The U.S. Environmental Protection Agency (EPA) has revised its Worker
Protection Standard (WPS) dealing with the protection of agricultural workers
from pesticide exposure (40 CFR Part 170). The new worker protection standard
contains requirements designed to reduce the risks of illness or injury
resulting from pesticide handlers' and agricultural workers' occupational
exposures and agricultural workers' and other persons' accidental exposures to
pesticides used in the production of agricultural plants on farms, nurseries,
greenhouses and forests.
2. HOW DOES THE NEW STANDARD DIFFER FROM THOSE PROMULGATED IN 1974?
EPA has determined that its old regulation was inadequate to protect
agricultural workers and pesticide handlers who are occupationally exposed to
pesticides and their residues. For example, the old standard did not cover
pesticide handlers, often the most highly exposed employees. The 1974
standard was also vague and difficult to enforce. Finally, it permitted
workers to perform hand labor in treated areas during Re-Entry Intervals with
protective clothing that is inadequate by today's standards. The new WPS
expands the scope of coverage in the prior rule to include not only workers
performing hand labor operations in fields treated with pesticides, but also
employees in forests, nurseries, and greenhouses, along with employees who
handle (mix, load, apply, etc.) pesticides for use in these locations. The
new regulation also expand requirements for:
-- warnings about pesticide applications,
-- use of personal protective equipment,
-- restrictions on entry by personnel to treated areas,
-- decontamination,
-- emergency assistance,
-- contact with handlers of highly toxic pesticides,
-- and pesticide safety training.
3. WHO WILL BE AFFECTED BY THE NEW REGULATIONS?
Growers/employers will be affected because the final rule holds them
principally responsible for compliance. Agricultural workers and pesticide
handlers will be affected principally as beneficiaries of the new regulations.
The provisions in the revised WPS are directed toward two types of
agricultural employees:
-- pesticide handlers - those who handle agricultural pesticides (mix,
load, apply, clean or repair contaminated equipment, act as flaggers,
etc.), and
-- agricultural workers - those who perform tasks related to the
cultivation and harvesting of plants on farms or in greenhouses,
nurseries, or forests.
The Rule will require substantial revision to 8,000 to 10,000 labels of
agricultural pesticides. The amendments to Labeling Requirements for
Pesticides (40 CFR Part 156, New Subpart K) detail the appropriate labeling
changes required by registrants. These changes will be both product specific
(such as Restricted Entry Interval and Personal Protective Equipment) and
general (such as the statement incorporating the Worker Protection Standard by
reference). It is important to note that these labeling regulations are
solely directed to registrants of pesticides; agricultural employers need not
understand or comply with them.
EPA estimates that a total of about 560,000 farms, forests, nurseries,
and greenhouses are covered by the new Rule. In addition, about 8,000
commercial pesticide handling establishments will be covered with respect to
their agriculture-related activities. The categories of establishments are:
Feed and Grain 301,000
Cotton 21,000
Tobacco 57,000
Other Field 71,000
Vegetable/Fruit/Nut 79,000
Nursery/Greenhouse 31,000
Commercial Pesticide Handling 8,000
-----------------------------
TOTAL: 568,800
4. ARE THERE ANY PESTICIDE USES EXCEPTED FROM THE PROVISIONS IN THE WPS FINAL
RULE?
Yes, the following are exempted from coverage:
-- Government-sponsored public pest control,
-- livestock uses,
-- habitations, gardens, lawns, etc.,
-- pasture/rangeland, rights-of-way and structures,
-- vertebrate pests,
-- attractants/repellents in traps,
-- post-harvest,
-- research uses of unregistered pesticides.
5. HOW WILL AGRICULTURAL EMPLOYEES BE INFORMED ABOUT PESTICIDE HAZARDS?
The final Rule ensures that this information is provided by:
-- requiring notification -- orally, by posting, or both -- of
applications and restricted entry intervals,
-- requiring that all workers and handlers receive pesticide safety
training,
-- requiring a pesticide safety poster in an area where it can be
easily seen by all workers and handlers,
-- requiring that pesticide handlers and early-entry workers be
informed of pesticide label information, and
-- requiring a centrally located listing of recent pesticide uses on
the establishment.
6. MANY FARMWORKERS DO NOT SPEAK ENGLISH OR CANNOT READ. HOW WILL THESE
REQUIREMENTS BE COMMUNICATED TO THEM?
EPA has developed these Rules with the non-English speaking worker
specifically in mind. Some examples: Safety warnings, information and
training must be given in "a manner the worker can understand". The EPA
pesticide safety informational poster designed to comp]y with the requirements
of the rule will be printed in Spanish as well as English. EPA-produced
training materials for workers and handlers will also be bilingual.
7. WH0 WILL ENFORCE THE WORKER PROTECTION STANDARD?
Enforcement will be principally carried out by the States through the
Cooperative Enforcement Agreements with EPA and by EPA in the few States
without agreements.
8. WHAT KINDS AND AMOUNTS OF PESTICIDES ARE USED IN AGRICULTURE, AND WHAT
FRACTION IS THAT OF TOTAL PESTICIDE USE?
The following table displays U.S. pesticide use, in millions of pounds of
active ingredient per year, by type of pesticide:
Type Total Lbs % Ag Lbs % of Ag % Total
____ _________ _ ______ _______ _______
Herbicides 655 61 520 65 79
Insecticides 226 21 151 19 67
Fungicides 111 10 65 8 59
Other 78 7 70 9 90
TOTAL: 1070 100 806 100 75
(figures do not include use of disinfectants, wood preservatives, or sulfur)
9. WHEN DO THE REGULATIONS BECOME ENFORCEABLE?
EPA is implementing the WPS for pesticide users in two phases:
-- no labeling with the WPS-required statements may be sold or
distributed before about April 15, 1993. This 8-month period
allows EPA to adequately inform registrants about how to correctly
revise their labels, and inform end-users about the label-specific
requirements which they must abide by, and
-- generic requirements will be enforceable beginning April 15, 1994.
10. WHAT IS MEANT BY LABEL-SPECIFIC REQUIREMENTS?
The WPS requires that statements on pesticide labels be included on all
new products (no sooner than about April 15, 1993), specifying the following:
-- personal protective equipment,
-- restricted-entry intervals (REIs), and
-- (on some pesticide labels) a requirement to provide both oral warnings
and treated-area posting.
11. WHAT ARE THE GENERIC REQUIREMENTS IN THE WPS?
There are generic requirements in the WPS which are intended to eliminate
and mitigate exposure to pesticides, and inform employees about the
occupational hazards of pesticides. The employer must make sure that
employees are provided the following protections:
-- decontamination facility,
-- training,
-- notification of pesticide applications and information about the
pesticide(s) used,
-- cleaning, inspection, and maintenance of personal protective
equipment, and
-- emergency assistance when required.
12. WHAT IS THE PROPOSED HAZARD INFORMATION AMENDMENT TO THE WPS?
EPA is issuing a notice of proposed rulemaking to add a provision to the
newly revised WPS for agricultural pesticides. It proposes to provide
information to covered workers that is substantially equivalent to that
required under the Hazard Communication Standard promulgated by the
Occupational Safety and Health Administration (OSHA). This proposal would add
a requirement that specific hazard information be made available to
agricultural workers and pesticide handlers concerning the pesticides to which
they are exposed. The hazard information would be in the form of fact sheets
or Material Safety Data Sheets (MSDS's).
Disclaimer: Please read
the pesticide label prior to use. The information contained at this web
site is not a substitute for a pesticide label. Trade names used herein
are for convenience only; no endorsement of products is intended, nor is
criticism of unnamed products implied. Most of this information is historical
in nature and may no longer be applicable.
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For more information relative to pesticides and their use in New York State, please contact the PMEP staff at:
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5123 Comstock Hall
Cornell University
Ithaca, NY 14853-0901
(607) 255-1866
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