EPA WPS Frequently Asked Questions [version released April 14, 2016]

1. EPA WPS Frequently Asked Questions[version released April 14, 2016] Based on selected Questions that the EPA received from State regulators, growers, and during outreach events, training sessions, and more during a 6 month period See https://www.epa.gov/pesticide-worker-safety

2. EPA WPS FAQs Minimum Age for Research Stations? • Does the WPS & min age apply to research stations or experimental farms? • Yes. If such facilities employ persons as workers/handlers for wages/salary, AND use WPS-labeled products, then they are covered. The minimum age applies.

3. EPA WPS FAQs Training – Grace Period Under the New Changes? • After Jan. 2, 2017, will employers have a grace period for training to workers? • No. EPA eliminated the training grace period. After 1/2/17, workers/handlers have to be trained BEFORE entry into area under REI or in treated areas within 30 d. Training not needed if already trained within 12 months.

4. EPA WPS FAQs Training Interval? • I just trained my workers/handlers in 2016. Do I have to retrain them now? • No. Workers/handlers who have been trained in last yr, need retraining only after 12 months from date of last training.

5. EPA WPS FAQs Certified Applicators as Trainers? • As a certified applicator, my cert. expired. Can I still train workers/handlers under the revised WPS? • No. Only persons who are currently certified applicators can train W/H.

6. EPA WPS FAQs State Qualified WPS Trainers? • Are State agencies required to get approval from EPA to designate State employees as qualified WPS Trainers? • No. There is no specific designation process required by EPA.

7. EPA WPS FAQs State Qualified WPS Trainers? • I was previously designated as a trainer by the State. Do I have to complete an EPA training or program to continue training? • No. Persons are still authorized to train W/H w/o further requirements as long as still State employed. EPA expects that State agencies who designated these trainers will provide to them the new WPS requirements.

8. EPA WPS FAQs Handlers Trained Annually? • Do handler employees who are certified applicators need annual pesticide safety retraining? • No. As long as handlers are currently certified as RUP applicators, they are exempt from the training requirements and do not need to be retrained annually. They need not be retrained as long as their certification is valid.

9. EPA WPS FAQs Training Verification Cards? • EPA has discontinued the WPS Cards. Can a State or NGO create their own cards? Can these cards meet the new training recordkeeping? • Yes. States & NGOs may develop their own cards. The cards can meet the recordkeeping, as long as all required information is on the card & the employer maintains his own record too.

10. EPA WPS FAQs Training Materials? • Can States, Extension, or private firms develop their own WPS training materials? • Yes. These materials though must be EPA approved. The EPA has guidance for the approval of materials.

11. EPA WPS FAQs Training Materials EPA Approved? • How will employers/State inspectors know that training materials are EPA approved? • EPA WPS training materials will bear the official EPA logo and have an EPA publication number. The materials developed by others will have an EPA approval # and statement that they are EPA-approved to meet the WPS.

12. EPA WPS FAQs EPA Approved WPS Training Materials? • When will the new EPA-approved WPS training materials be available? • Updated EPA-approved training materials are anticipated no later than July 1, 2017. These materials will be announced through a Federal Register Notice for 1/2/18. If this date is not met, then the new date for the new training content will be 6 mo. from date of the FRN.

13. EPA WPS FAQs Previous Trainers through TtT Programs? • I previously completed a WPS TtT program by the State. Do I have to complete a new TtT program before training employees? • Yes. New Rule requires that TtT programs are approved by the EPA in order to be recognized. Trainers will need to complete a new EPA-approved TtT program before training W/H under the new requirements.

14. EPA WPS FAQs Central Display Digital Format? • Could a WPS central display be in an electronic format? • Yes. The SDS and application records can be displayed at the central location electronically as long as the WPS content, location, accessibility, legibility, display, and retention times are followed. Workers will need access during normal hrs & need instruction how to access.

15. EPA WPS FAQs SDS Provision Electronically by Commercial Applicator? • If a commercial applicator treats a field for the farmer, can they give him an electronic copy of the SDS instead of paper? • Yes. A commercial applicator can give the grower an electronic SDS, but the WPS does not require this to occur. While helpful, it is the responsibility of the ag employer to obtain/display the SDS.

16. EPA WPS FAQs Central Hazard Information Display in Languages? • Is English the only required language for the SDS and application information? • Yes. The WPS does not require that the SDS is to be provided in any other language than English. OSHA has no regulation to require SDSs in Spanish.

17. EPA WPS FAQs Central Hazard Information Display Timing? • The WPS allows the employer 24 hrs after an application before posting the SDS/appl info. Will this place workers at risk? • No. The ag employer has another requirement to notify all workers of any areas treated or under an REI if they may come within ¼ mile. This oral/posting must be PRIOR to the application or at the start of work period.

18. EPA WPS FAQs Recordkeeping by Private Applicators? • Do private applicators have to keep the required WPS records? • Yes, only if the private appl. Is also an ag employer and use WPS-labeled products. The WPS does not impose recordkeeping on private applicators.

19. EPA WPS FAQs Designated Representatives? • The revised WPS allow a W/H to have a designated representative obtain certain hazard information on their behalf. Who can be the designated rep? • This person is designated to represent a W/H to request the SDS or appl. Info. The request must be in writing and clearly ID the representative. This rep can be anyone. The W/H also can request the same info themselves.

20. EPA WPS FAQs Designated Representatives? • Why does the revised WPS allow a “designated representative”? • There may be circumstances that prevent W/H from able to access the hazard info or request it themselves. Reasons are: do not speak English; afraid of retaliation; they have changed jobs; they have relocated; or are incapacitated.

21. EPA WPS FAQs Respirator Tests for Different Employers? • If a Handler already passed medical evaluation, fist testing, & training at a previous job, does he need to repeat it at another employer? • Depends. If the second job requires an identical respirator, under similar work conditions for the same type of work, then a new medical monitor, fit test, and training may not be needed. Fit testing & training is required annually.

22. EPA WPS FAQs Decon Water at Mix/load Site? • Revised WPS requires 6 gal water or run water at 0.4 gal/min at mix/load sites. Need a pint of water in portable containers be provided too? • No. The pint of water in a portable container is only required for handlers applying pesticides, when the label requires protective eyewear. The 6 gal water at mix/load only needed if the label requires protective eyewear.

23. EPA WPS FAQs Immediate Family Exemptions • What WPS requirements are owners & immediate family exempt from? • Min age for EE workers & handlers • Pesticide safety training • Cleaning, storing, maintaining PPE • Notice of applications • Central posting of hazard information • Decontamination supplies • Emergency assistance

24. EPA WPS FAQs Immediate Family Exemptions • What WPS requirements must owners & immediate family comply with? • Wear labeled PPE • Keep out of treated areas • Assure that applied pesticides do not contact any person, incl immediate family • Ensure all persons out of treated area & AEZ during the application • Handlers get med eval, fit tested, & trained

25. EPA WPS FAQs Cert Crop Advisor Exemptions • What is the difference between a “crop advisor” and “certified crop advisor”? • A “crop advisor” is one who assesses pest numbers, damage, pesticide coverage, or status of ag plants. A “certified crop advisor” is licensed or certified by the National Alliance of Independent Crop Consultants (NAICC) or through a crop advisor program approved by the SLA.

26. EPA WPS FAQs Cert Crop Advisor Exemptions • What does a current crop advisor program need to meet the requirements of the WPS for the exemption? • The certification/licensing program must submit a request to EPA or the SLA to be recognized in writing as meeting the WPS requirements for the exemption of its members.

27. EPA WPS FAQs Cert Crop Advisor Exemptions • How has the certified crop advisor exemption changed under the revised WPS? • The new certified crop advisor exemption still allows the advisor to make own PPE determinations, but they no longer are able to make that determination for their employees, or those under their supervision.

28. EPA WPS FAQs Cert Crop Advisor Exemptions • What options are allowed to certified crop advisors for PPE selection? • Label required PPE for handlers • Label required PPE for EE workers • “Universal PPE” duringh the REI to include: • Coveralls; • Shoes plus socks; • Waterproof gloves; • Protective eyewear (if label required).

29. EPA WPS FAQs Crop Advisors Uncertified • Do un-certified crop advisor need to be trained under the WPS? • Un-certified crop advisors are to be trained as either workers or handlers, depending on whether they enter treated fields under the REI (H) or not (W). The advisor’s direct employer is responsible for providing the training.