Worker
Protection Standard:
An
Introduction to the Rule
Introduction
The Department of Food and Agriculture (DFA) Pesticide Bureau has developed
this pamphlet to give you a brief introduction to the Worker Protection
Standard (WPS). The complete rule is too detailed to be adequately covered
in this type of publication.
Due to cooperative efforts with the University of Massachusetts Cooperative Extension System and agricultural associations, there will be a series of workshops and training programs.
Employers bear the primary responsibility for compliance with the rule.
If you are affected by the WPS or want to learn more about it, please complete and return the enclosed form so we can be sure to include you in future programs and informational mailings.
The intent of this publication provides you with an overview of the main components of the WPS as well as encourages you to contact with any questions you might have about them.
What Is It?
On August 13, 1992, the U.S. Environmental Protection Agency (USEPA) issued
final regulations governing the protection of employees on farms, in forests,
nurseries, and greenhouses from occupational exposures to agricultural
pesticides. This Worker Protection Standard (WPS) (40 CFR Part 170) covers
both workers in areas treated with pesticides and employees who handle
(mix, load, apply, etc.) pesticides in these areas.
The DFA has been given the authority by EPA to implement as well as enforce the Rule in Massachusetts.
Who Is Covered?
The provisions of 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.)
Agricultural Workers - those who perform tasks related to the cultivation and harvesting of plants on farms or in greenhouses, nurseries, or forests.
Farm owners and their immediate families are exempt from the Rule's non-label provisions: worker training, notification, decontamination facilities, and emergency assistance. They must comply with label-specific requirements such as personal protective equipment (PPE) and restricted entry intervals.
In addition, the Rule will require substantial revision of nearly 8,000 labels of agricultural pesticides. 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).
The following pesticide uses are exempted from coverage under the WPS:
- government-sponsored public pest control, including mosquito control
- on livestock and other animals
- on plants grown for other than commercial or research purposes such as
- plants around homes and in home gardens and greenhouses
- on ornamental plants in gardens, parks, lawns and grounds, including
commercial lawn care
- uses not directly related to agricultural plant production, such as structural,
- right-of-way, pasture, and rangeland applications in control of vertebrate
pests
as attractants or repellants in traps.
- on harvested portions of plants or timber research uses of unregistered pesticides.
WPS Provisions
The Provisions of the WPS are intended to accomplish three goals:
- Eliminate or reduce exposure to pesticides
- Mitigate exposures that occur
- Inform employees about the hazards of pesticides.
ELIMINATE OR REDUCE PESTICIDE EXPOSURE
The Final Rule reduces exposure through several requirements:
- Protection During Applications - Handlers are prohibited
from applying pesticide in a way that will expose workers or other persons;
workers are excluded from areas while they are being treated with pesticides.
- Restricted-Entry Intervals (REIs) - Restricted-entry intervals (REIs) are established for all pesticides used in the production of agricultural plants, ranging from 4 to 72 hours depending on the toxicity of the pesticide.Workers are excluded from areas under the REI with few exceptions.
- Personal Protective Equipment (PPE) - Personal protective equipment must be provided for handlers and early-entry workers and must be maintained in working condition.
- Notification of Workers - Workers must be notified about treated areas so they can avoid inadvertant exposures.
MITIGATE PESTICIDE EXPOSURE
- Decontamination Supplies - Handlers and workers must be provided with ample water, soap, and towels for routine washing and emergency decontamination.
- Emergency Assistance - Worker or handler employers must make transportation available to a medical care facility if an agricultural worker or handler may have been poisoned or injured by a pesticide, and information must be provided about the pesticide to which the worker or handler may have been exposed.
INFORM EMPLOYEES ABOUT PESTICIDE HAZARD
- Pesticide Safety Training - Pesticide safety training is required for all workers and handlers.
- Pesticide Safety Poster - Pesticide safety posters must be posted.
- Access to labeling information - Pesticide handlers and early-entry workers are informed of label safety information.
- Access to specific Information - Recent pesticide treatments on the establishment must be centrally posted.
WPS Implementation Schedule
The provisions of the Worker protection Standard are not enforceable unless
pesticide labels bear specific worker protection requirements and statements
referring to the Standard.
The implementation schedule is designed to implement the Amendments to the WPS
Employee Training - Effective January 1, 1996, growers must provide workers with WPS training within five (5) days of starting the job. In addition, workers will be required to present basidc pesticide safety information to workers before they enter any treated area.
Low Risk Pesticides - Effective May 3, 1995, EPA allowed registrants to begin the current interim WPS REIs 12 to 4 hours for certain low-risk pesticides.
Crop Advisors - Effective July 17, 1995, EPA amended the WPS to exempt certified crop advisors from some requirements. EPA is also exempting persons performing crop advising tasks for some WPS requirements, only if tasks are performed under direct supervision. Also, the Rule establishes a grace period until May 1, 1996, for all persons doing crop advisor tasks in order to allow time to acquire certification or licensing.
Early-Entry exception - Effective May 3, 1995, this exception allows workers to perform tasks, which if delayed would result in significant economic loss, and would result in minimal contact with pesticide-related surfaces, for up to 8 hours per 24-hour period during a REI.
Early-entry exception for Irrigation Activities - Effective May 3, 1996, this exception allows workers to perform necessary irrigation activities, which if delayed would cause significant economic loss, and would result in minimal contact with pesticide-related surfaces, for a maximum of 8 hours in a 24-hour period during an REI.
Label Revision Schedule
No Labeling without the WPS-required statements may be sold or distributed by registrants after April 21, 1994.
No labeling without the WPS- required statements may be sold or distributed by anyone after October 23, 1995.
If you have questions or need additional information, contact the Pesticide
Bureau at (617) 626-1781 or write to:
WPS Program Coordinator
Pesticide Bureau
251 Causeway Street, Suite 251
Boston, MA 02114
Read the Worker Protection Standard CFR 40, Part 170
http://www.epa.gov/pesticides/safety/workers/PART170.htm
For more information, call the National Agriculture Compliance Assistance Center toll-free at (888) 663-2155 or visit their website at:
