Responsibilities for Agricultural Employers

1. Responsibilities for Agricultural Employers Agricultural Hazard Communication Act Texas Right to Know (RTK) Regulations Local Fire Chief Notification

2. Agricultural Hazard Communication Act-Right-To-Know (RTK) The Agricultural Hazard Communication Act was enacted to help protect the people who live and work in agricultural areas from the possible dangers of pesticide exposure. Also known as the “Right-to-Know” (RTK) Law, it requires employers who meet certain criteria to provide education and access to pesticide information to agricultural employees.

3. Covered Employers are required to: Provide agricultural workers and their representatives with access to information regarding hazardous chemicals they may be exposed to. Provide access to information of hazardous chemicals to the community and emergency service organizations responsible for dealing with chemical hazards. Provide treating medical personnel with access to information regarding hazardous chemicals.

4. An Employer is covered by RTK if the employer… Stores/uses 50 gallons or 500 lbs of pesticides/pesticide fertilizer blends with the same active ingredient AND Employ seasonal workers with a payroll of over $15,000/year or Employs other workers with a payroll of over $50,000/year IF you do not meet the above criteria, this regulation does not apply to you. However, you may be required to comply with the federal Worker Protection Standards (WPS) and the state Fire Chief Notification requirement.

5. RTK and WPS Full compliance with the federal Worker Protection Standards will fulfill MOST of the requirements of RTK. Notification to the local Fire Chief is a requirement for all pesticide applicators or others covered by the Texas Agriculture Code (TAC) Section 76.131

6. LOCAL FIRE CHIEF NOTIFICATION Any person who stores pesticides or pesticide/fertilizer blends within ¼ mile of a residential area composed of three or more private dwellings for more than 72 hours, shall provide a contact name and telephone number to the local fire chief (with jurisdiction over the storage location) and provide a copy of the workplace chemical list upon request. An employer shall allow an on-site inspection by the fire chief upon request as well. FIRE CHIEF NOTIFICATION MUST BE MADE IN WRITING…. You are advised to keep a record of the information provided to the local Fire Chief.

7. Under RTK-An Agricultural Laborer is Defined as: • An individual who does one or more of the following activities at an agricultural establishment including a farm, a tree or sod farm, ranch, packing shed, greenhouse or nursery: • Plants, cultivates, harvests or handles an ag commodity in its unmanufactured state. • Uses a covered pesticide chemical as part of their duties as an ag laborer • May be exposed to a covered pesticide chemical because of his or her job assignment. • Plants, cultivates, grows, harvests, detassels, rogues, or treats seeds or seed plants of an ag commodity.

8. WPS and RTK If an employer covered by RTK complies with applicable provisions of the Worker Protection Standard (WPS) and the additional, more stringent requirements of RTK on the following slides; they are considered to be in compliance with RTK.

9. RTK Compliance Recognize the use of a designated representative, which is an individual or organization an agricultural laborer gives written authorization to exercise the laborer’s rights under the Agricultural Hazard Communication Act.

10. RTK Compliance • Comply with requirements regarding recording and maintaining the Workplace Chemical List (WCL): • Hazardous chemicals used or stored annually in excess of 55 gallons or 500 pounds must be recorded and maintained. • The product name used on the SDS (formerly MSDS) and container label and the EPA Registration Number. • The date and crop the chemical was applied or used. • The work area in which the chemical was actually stored and used. • Maintain the WCL’s for 30 years or file with TDA annually.

11. RTK Compliance • Obtain and maintain a Safety Data Sheet (SDS) from manufacturers or distributors: • SDS is a document containing chemical hazard and safe handling information per federal OSHA requirements. • Employer is responsible for maintaining the most current SDS for each pesticide chemical bought or applied and making them accessible to ag laborers, designated representatives, medical personnel, members of the community and emergency personnel. • SDS can be found at: http://hazard.com/msds/

12. RTK Compliance An employer shall not refuse to hire a laborer solely because the laborer has not completed an EPA WPS training program or cannot produce a training card.

13. RTK Compliance • An employer shall provide an appropriate crop sheet and ensure the information is read to each ag laborer that does not possess a current EPA WPS training verification card. Crop sheets are to be provided upon request. • Crop sheets are to contain information relevant to specific crops including pesticides most commonly used on the crop, the acute and chronic health effects of the pesticides, ways to minimize exposure, medical emergency measures and ag laborers’ rights.

14. More Information RTK: http://www.statutes.legis.state.tx.us/Docs/AG/pdf/AG.125.pdf WPS: http://www.epa.gov/pesticides/health/worker.htm Pesticide Labels & Safety Data Sheets (SDS): http://www.cdms.net/LabelsMsds/LMDefault.aspx?t= Texas Department of Agriculture (TDA) http://www.texasagriculture.gov/RegulatoryPrograms/Pesticides.aspx (512) 463-7476Fax  (888) 223-8861               (800) TELL-TDA (835-5832)