Worker Protection Standard (WPS) Pesticide Inspector Training Helena, Montana November 30, 2011

1. Worker Protection Standard (WPS)Pesticide Inspector TrainingHelena, MontanaNovember 30, 2011 Richard Pont U.S. Environmental Protection Agency Office of Pesticide Programs Certification & Worker Protection Branch 1

2. Introduction - Why are we here? • Training Objectives: • Learn WPS Requirements • Understand WPS Program Goals • ANSWER YOUR QUESTIONS! • Meet your expectations 2

3. WPSOverview • Background/History • Regulatory Goals • WPS Framework • Summary of Key Definitions/Provisions 3

4. WPSOverview - Background • Basis for Current WPS Regulation • Court case involving 40 CFR Part 170 • OSHA Hazard Communication Standard • Legislative and regulatory actions 4

5. WPS Overview - Background • 7/08/88 - EPA Issued Notice of Proposed Rulemaking to Revise 40 CFR part 170 (53 FR 25970) • 8/21/92 - Worker Protection Standard Final Rule Issued (57 FR 38102) • 4/06/94 - Pesticide Safety Act (Public Law 103-231) [S. 1913] 5

6. WPS Overview - Background • 4/10/95 - Guidance on Issuance of WPS Enforcement Actions (60 FR 18100) • 5/03/95 - Agency Granted Exceptions to Early Entry (60 FR 21954) • 5/03/95 - Requirements for Crop Advisors (60 FR 21948) • 5/03/95 - Grace Period for Providing Safety Training (60 FR 21943) 6

7. WPS Overview - Background • 12/14/95 - Labeling Revisions Required for Pesticide Products Within the Scope of the WPS: Policy Statement/Final Rule (60 FR 64281) • 6/26/96 - Language and Size Requirement for Warning Sign (61 FR 33201) 7

8. WPS Overview - Background • 6/26/96 - Decontamination Requirements (61 FR 33207) • 5/07/98 - Labeling Requirements for Pesticides: Respirator Compliance Policy (63 FR 25168) • 9/01/2004 - Glove Requirements: Final Rule (69 FR 53341) 8

9. WPSOverview - Regulatory Goals • Protect agricultural workers and pesticide handlers from occupational exposure to pesticides and prevent pesticide incidents and illnesses. • WPS strategy relies on 3 main components: • Information • Protection • Mitigation 9

10. WPSOverview - Regulatory Goals • Information • Pesticide safety training • Safety poster • Access to pesticide application and hazard information (with notable exception) 10

11. WPSOverview - Regulatory Goals • Protection • Protections during applications • Restricted-entry intervals (REIs) • Early entry protections • Handler protections (PPE, etc.) 11

12. WPSOverview - Regulatory Goals • Mitigation • Decontamination supplies • Emergency Assistance 12

13. WPSOverview - WPS Framework • WPS implemented through labeling • Labeling requirements contained in 40 CFR part 156, subpart K (Labeling Requirements for Pesticides and Devices/Worker Protection Statements) • 40 CFR Part 170 reference statement serves to incorporate full WPS requirements by reference so that full 40 CFR Part 170 text of WPS provisions did not need to be included on every label 13

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15. Agricultural Use Requirements Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR part 170. This Standard contains requirements for the protection of agricultural workers on farms, forests, nurseries, and greenhouses, and handlers of agricultural pesticides. It contains requirements for training, decontamination, notification, and emergency assistance. It also contains specific instructions and exceptions pertaining to the statements on this label about personal protective equipment (PPE), notification-to-workers, and restricted-entry intervals. The requirements in this box only apply to uses of this product that are covered by the Worker Protection Standard.

16. WPS Label Requirements • 40 CFR Part 170 (WPS) incorporation by reference established concept of “off-label” requirements: • Training requirements • Decontamination requirements • Additional notification and pesticide safety information display requirements • Emergency assistance requirements 16

17. WPS Label Requirements • “On-label” WPS requirements: • Restricted entry statements (156.208) • Notification-to-workers statements (156.210) • Personal protective equipment (PPE) statements (156.212) • Includes handler PPE and early entry PPE • Note that handler PPE is not contained in "Ag Use Box" 17

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19. WPS Label Requirements • General Statements (156.206) • Application restrictions statement • 40 CFR Part 170 reference statement • Product-type identification (for organophosphates, N-methyl carbamates and fumigants) • State restrictions • Spanish warning statements 19

20. WPS Label Requirements • Generic approach versus product-specific approach for WPS label requirements • Part 156 and original PR Notices based on generic approach of establishing general WPS label requirements based on broader toxicity groupings and tables, etc. • Reregistration is resulting in product specific label requirements based on product specific data (longer REIs, special PPE and/or special posting and notification requirements, etc.) 20

21. WPS Overview - Key Definitions • Agricultural establishment - means any farm, forest, nursery, or greenhouse • Agricultural plant - means any plant grown or maintained for commercial or research purposes and includes, but is not limited to, food, feed, fiber plants, trees, turf-grass, flowers, shrubs, ornamentals, and seedlings 21

22. WPS Overview - Key Definitions • Agricultural employer - means any person who hires workers, for any type of compensation, to perform activities related to the production of agricultural plants - or is responsible for the management of an agricultural establishment that uses such workers 22

23. WPS Overview - Key Definitions • Owner – means any person who has a present possessory interest in an agricultural establishment covered by the WPS • Immediate family - includes only spouse, children, stepchildren, foster children, parents, stepparents, foster parents, brothers, and sisters 23

24. WPS Overview - Key Definitions • Handler - means any person, including a self-employed person, who is employed for any type of compensation by a covered agricultural establishment or commercial handling establishment and who is doing any of the following tasks: 24

25. WPS Overview - Key Definitions • Handler tasks: • Mixing, loading, transferring, or applying pesticides • Disposing of pesticides or pesticide containers • Handling opened containers of pesticides • Flagging 25

26. WPS Overview - Key Definitions • Handler tasks: (continued) • Cleaning, adjusting, handling, or repairing any part of pesticide equipment that may contain pesticide residues • Assisting with the application of pesticides • Entering a greenhouse or other enclosed area… • Assisting with soil fumigation • Performing tasks as crop advisor 26

27. WPS Overview - Key Definitions • Worker - means any person, including a self-employed person, who is employed for any type of compensation and is performing activities relating to the production of agricultural plants (such as harvesting, weeding, watering, suckering, etc.) on a covered establishment 27

28. WPS Overview - Key Definitions • Hand labor - means any agricultural activity performed by hand or with hand tools that causes a worker to have substantial contact with surfaces (such as plants, plant parts, or soil) that may contain pesticide residues 28

29. WPS Overview - Key Definitions • Hand labor activities include, but are not limited to, harvesting, detasseling, thinning, weeding, topping, planting, sucker removal, pruning, disbudding, roguing, and packing produce into containers in the field 29

30. WPS Overview - Key Definitions • Hand labor DOES NOT include operating, moving, or repairing irrigation or watering equipment or performing the tasks of crop advisors 30

31. WPS Overview - Key Definitions • Treated area - means any area to which a pesticide is being directed or has been directed • Restricted Entry Interval (REI) - means the time after the end of a pesticide application during which entry into the treated area is restricted 31

32. WPS Overview - Key Provisions • General Duties and Prohibited Actions (170.7) • Establishes primary responsibility of agricultural and/or handler employer for compliance and prohibits retaliation by employers 32

33. WPS Overview - Key Provisions • Violations (170.9) • For the purposes of 40 CFR part 170, EPA interprets the term “use” to include: • Pre-application activities (storage, mixing and loading, training, preparation for application, etc.) • Application of the pesticide • Post-application activities (training, notification, decontamination, etc.) 33

34. WPS Overview - Key Provisions • Applicability (170.102 & 170.202) • The WPS applies when any covered pesticide product is used on an agricultural establishment in the production of agricultural plants 34

35. WPS Overview - Key Provisions • Exceptions (170.103 & 170.203) • Pasture applications • Livestock applications • Rodent pest control • Post-harvest uses • Mosquito abatement, government sponsored “wide-area” public pest control programs • Home gardens and greenhouses • Landscaping of ornamental plants • Non-cropland uses (right of way, wood preservation) • Research uses of unregistered uses 35

36. WPS Overview - Key Provisions • Exemptions (170.104 & 170.204) • Exemption for Owner & Immediate Family • Crop Advisor Exemption 36

37. WPS Requirements Applicable for Worker Employers • Restrictions During Application • Restricted-Entry Intervals (REIs) • Notice About Applications • Providing oral warnings and/or posting WPS warning signs 37

38. WPS Requirements Applicable for Both Worker and Handler Employers • Anti-Retaliation • Information at a Central Location • Pesticide Safety Training • Decontamination Supplies • Emergency Assistance • Employer Information Exchange 38

39. WPS Requirements Applicable for Handler Employers • Application Restrictions and Monitoring • Specific Instructions for Handlers • Equipment Safety • Duties Related to PPE 39

40. Restrictions During Applications (170.110) • During the application of any pesticide on an ag establishment, the ag employer shall not allow or direct ANY PERSON, other than an appropriately trained and equipped handler, to enter or to remain in the treated area • Entry-restricted areas in greenhouses and nurseries • Entry-Restricted Area is NOT the same as an REI 40

42. Entry-Restricted Areas in Nurseries • This diagram depicts a treated area plus 100 or 25 ft. entry-restricted area in all directions on the nursery Nursery Treated Area 100 ft 25 ft 25 ft 25 ft 100 ft 100 ft 25 ft 100 ft

44. Post-Application Entry Restrictions (REIs)(170.112) • After the application of any pesticide on an ag establishment, the ag employer shall not allow or direct any worker to enter or to remain in the treated area before the REI specified on the pesticide labeling has expired, except as provided in the various exceptions 44

45. Exceptions to the Entry Restrictions • Exception for activities with “no contact” • Exception for short term activities • Exception for an agricultural emergency 45

46. Exceptions to the Entry Restrictions • Exception requiring Agency approval • Current, valid Agency granted exceptions include: • Irrigation exception • Limited contact exception 46

47. Notice of Applications (170.120) • The ag employer shall notify workers of any pesticide application on the establishment • Purpose is to notify workers about areas where pesticide applications are taking place or where REI’s are in effect • Some labels may require both oral notification and posting of treated areas with warning signs 47

48. WPS Field Posting Sign

49. Fumigant Treated Area Posting Sign 49

50. Notice of Applications (170.120) • Farms, Forestry Operations and Nurseries • Workers may be notified either orally or by posting of warning signs • Greenhouses • Must post all treated areas (and provide oral notification if both are required) 50