Worker Protection Standards Compliance Assistance

1. Worker Protection StandardsCompliance Assistance College of Agriculture and Natural ResourcesPesticide Education Program

2. List proper and improper practices using water soluble packaging WPS Compliance Assistance Definitions 1 2 WPS Goals Significant Changes:Training Significant Changes: Information Display 4 3 Significant Changes: Decontamination Supplies 5 6 Significant Changes: Personal Protective Equipment

3. Who Has WPS Responsibilities? • The WPS requires agricultural employers and commercial pesticide handler employers to provide specific information and protections to workers, handlers and other persons when pesticides are used on agricultural establishments in the production of agricultural plants • It also requires handlers to wear label-specified clothing and personal protective equipment when performing handler activities, and to take measures to protect workers and other persons during pesticide applications

4. Old WPS Definition of Agricultural Employer Agricultural employer means any person who hires or contracts for the services of workers, for any type of compensation, to perform activities related to the production of agricultural plants, or any person who is an owner of, or is responsible for the management or condition of, an agricultural establishment that uses such workers.

5. Revised WPS Definition of Agricultural Employer Agricultural employer means any person who is an owner of, or is responsible for the management or condition of, an agricultural establishment, and who employs any worker or handler as defined under the WPS rule.

6. Definitions: Worker

7. Definitions: Handler

8. Definitions: Employ • Employ means to obtain, directly or through a labor contractor, the services of a person in exchange for a salary or wages, including piece-rate wages, without regard to who may pay or who may receive the salary or wages. • It includes obtaining the services of a self-employed person, an independent contractor, or a person compensated by a third party, • except that it does not include an agricultural employer obtaining the services of a handler through a commercial pesticide handler employer or a commercial pesticide handling establishment.

9. New WPS Definition Labor Contractor Labor contractor means a person, other than a commercial pesticide handler employer, who employs workers or handlers to perform tasks on an agricultural establishment for an agricultural employer or a commercial pesticide handler employer.

10. New WPS Definition of Commercial Pesticide Handler Employer Commercial pesticide handler employer means any person, other than an agricultural employer, who employs any handler to perform handler activities on an agricultural establishment. A labor contractor who does not provide pesticide application services or supervise the performance of handler activities, but merely employs laborers who perform handler activities at the direction of an agricultural or handler employer, is not a commercial pesticide handler employer.

11. WPS Liability FIFRA section 14(b)(4) provides that a person is liable for a penalty under FIFRA if another person employed by or acting for that person violates any provision of FIFRA. The term "acting for" includes both employment and contractual relationships, including, but not limited to, labor contractors.

12. Goals of the Revised WPS • Improve occupational protections for agricultural workers and handlers • Reduceacute occupational pesticide exposures and incidents • Reorganize and streamlinerule to make it easier to understand and follow • Addressconcerns raised through years of stakeholder engagement

13. Why? Incident Analysis • 1992 WPS: EPA estimated 10,000-20,000 incidents of physician-diagnosed pesticide poisonings annually in WPS-covered workforce • 2015 WPS: EPA estimated there are 1,800-2,950 preventable acute pesticide exposure incidents annually on WPS-covered agricultural establishments • Reviewed incidents from 11 states; assessed whether they could be prevented or mitigated by potential WPS provisions

14. WPS Goals • Inform • Protect • Mitigate

15. WPS Goal: Inform • Training • Pesticide safety information • Notification • Information exchange

16. WPS Goal: Protect • Restricted Entry Intervals (REIs) • Personal Protective Equipment (PPE) • “Do not contact” • Application exclusion zones (AEZs) • Suspend applications

17. WPS Goal: Mitigate • Routine decontamination supplies • Emergency eyewash • Emergency assistance

18. Responsibilities of Agricultural Employers and Labor Contractors

19. General Employer Responsibilities Under Revised WPS Agricultural employer duties: §170.309(a), (b), (d), (e) & (j) Commercial pesticide handler employer duties: §170.313(a), (b), (d), (e) & (g)

20. General Employer Responsibilities Under WPS Ensure that any pesticide is used in a manner consistent with the product labeling when applied on the agricultural establishment Ensure that each worker/handler receives the WPS protections Ensure that equipment for mixing, loading, transferring or applying pesticides is inspected and damaged equipment is repaired or replaced before each day of use

21. General Employer Responsibilities Under WPS Provide to each supervisor of workers or handlers (including labor contractors) information & directions sufficient to ensure the workers/handlers receive the WPS protections Must specify the tasks for which the supervisor is responsible in order to comply Require each supervisor of workers or handlers (including labor contractors) to provide sufficient info & directions to the workers/handlers to ensure they can comply

22. Labor Contractors: Bottom Line • The agricultural employer is ultimately responsible for WPS compliance. • The existence of a contract that assigns WPS compliance responsibility to another party does not negate the employer’s ultimate responsibility for WPS compliance.

23. Central Display of Information (and Some Related Requirements)

24. Ag Employer Responsibility [170.309(h)] • Revised WPS: Ag employer must display, maintain and provide accessto: • Pesticide safety information AND • Pesticide application and hazard information (SDS) • If: • Workers or handlers are on the establishment AND • Within the last 30 days a pesticide has been used or an REI has been in effect.

25. Central Display: Where does the info need to be displayed? [170.311(a)(5-7) & (b)(2-4)] • At a place on the ag establishment where workers & handlers are likely to pass by or congregateand where it can be readily seen and read = “central” location • Workers & handlers must be allowedaccessto the location at all times during normal work hours. Note: pesticide safety info must also be displayed at certain decontamination sites. [170.311(a)(5)(ii)]

26. Display of Pesticide Safety Information [170.311(a)] • After Jan 2, 2018, display revised poster or use own format with required information

27. Display of Pesticide Safety Information [170.311(a)] • Changes to required information: • “Seek medical attention as soon as possible if you believe you’ve been poisoned, injured or made ill by pesticides.” • Add name, address & phone of state or tribal regulatory agency • Add mention of natural waters to instructions to wash immediately

28. Pesticide Safety Information [170.311(a)(5)] • In addition to central location, must be displayed at decontamination sites when: • The decon supplies are located at permanent sites; • Decon supplies are provided at locations and in quantities to meet the requirements for 11 or more workers • Based on when OSHA Field Sanitation Standard (29 CFR 1928.110) applies

29. Display of Pesticide Application and Hazard Information [170.311(b)(1)] • Copy of the safety data sheet (SDS) • Application information • Product name, EPA Reg No & active ingredient(s) • Crop or site treated and the location & description of treated area • Date(s) and times the application started & ended • Duration of the REI

30. Pesticide Application and Hazard Information

31. Safety Data Sheets(FRN 11/2/15 preamble p. 67513+) • OSHA requires that SDSs be in specific format • Obtain online or through distributor or manufacturer • NPIC link to registrants and SDS database: http://npic.orst.edu/ingred/proddata.html

32. When must pesticide application & hazard information be displayed? [170.311(b)(5)] New WPS Rule • No later than 24 hours after the end of the application • Until 30 days after REI ends or workers/handlers no longer on establishment (whichever is earlier)[Same as before]

33. When can workers enter a treated area? There is a related requirement [170.309(l)] for ag employers to ensure that workers do not enter a treated area until: • Pesticide application and hazard information is displayed; and • REI has expired; and • All treated warning signs have been removed or covered. (Except for early entry as allowed by 170.603.)

34. When must pesticide application and hazard information be available on the ag establishment (records)? [170.311(b)(6)] • First 30 days after REI expires (or until no workers or handlers present in treated areas): displayed at “central” location • After 3 days: Retain in records on establishment for TWO years

35. How can a worker/handler access the info? [170.311(b)(7-9)] • While it is displayed • Worker or handler can request a copy of or access to the info orally or in writing • Ag employer must provide within 15 days

36. How can a worker/handler access the info? [170.311(b)(7-9)] • While it is displayed • Treating medical personnel can request a copy of or access to the info orally or in writing • Ag employer must provide promptly

37. How can a worker/handler access the info? [170.311(b)(7-9)] • While it is displayed • Designated representative can request a copy of or access to the info in writing (not orally) • If request is complete, ag employer must provide within 15 days

38. Designated Representative Request Must be in writing and must contain: • Name of the worker or handler • Written statement from the worker or handler clearly designating that person to request the info on their behalf

39. Designated Representative Request • Description of the information requested, including • Dates of employment • Type of work done during that period • Specific application info & SDSs requested

40. Pesticide Safety Training Requirements

41. Who needs to be trained? • A worker or handlermust be trained unless he/she: • Is a certified applicator of RUPs • Is a licensed/certified crop advisor by an EPA- or state-acknowledged program that covers all of the handler safety topics • Additionally, a worker does not have to be trained if he/she: • Has satisfied the handler training requirements.

42. Content of Training • MUST be EPA APPROVED training • Expanded training content • Worker training has 23 items • Handler training has 36 items

43. Content of Training • http://pesticideresources.org/wps/ttt/manual/chapter4.pdf

44. Available EPA Approved Training • For WORKERS http://pesticideresources.org/wps/training/workers.html • For HANDLERS • http://pesticideresources.org/wps/training/handlers.html

45. Summary of the Revised WPS

46. Significant Revisions to WPS Inform workers and handlers about potential exposure to pesticides • Training: annual; no grace period for workers or handlers; qualified trainers; recordkeeping; EPA-approved materials

47. Significant Revisions to WPS Inform workers and handlers about potential exposure to pesticides • Display application information and safety data sheets (SDSs); keep records • Provide upon request by worker/handler, treating medical personnel or designated representative

48. Significant Revisions to WPS Inform workers and handlers about potential exposure to pesticides • Notify workers by posting signs if REI > 48 hours (outdoor applications)

49. Significant Revisions to WPS Protect workers, handlers and other people from exposure to pesticide • If labeling requires respirator for handler, provide medical evaluation, fit testing and respirator training

50. Significant Revisions to WPS Protect workers, handlers and other people from exposure to pesticide • Application exclusion zone during applications