Transcript Worker Protection Standard Training Course

Worker Protection Standard (WPS)
Pesticide Inspector Training
Helena, Montana
November 30, 2011
Richard Pont
U.S. Environmental Protection Agency
Office of Pesticide Programs
Certification & Worker Protection Branch
1
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Introduction - Why are we here?
 Training Objectives:
• Learn WPS Requirements
• Understand WPS Program Goals
• ANSWER YOUR QUESTIONS!
• Meet your expectations
2
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
WPS Overview




Background/History
Regulatory Goals
WPS Framework
Summary of Key Definitions/Provisions
3
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
WPS Overview - Background
 Basis for Current WPS Regulation
• Court case involving 40 CFR Part 170
• OSHA Hazard Communication Standard
• Legislative and regulatory actions
4
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
WPS Overview - 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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
WPS Overview - Regulatory Goals
 Information
• Pesticide safety training
• Safety poster
• Access to pesticide application and
hazard information (with notable
exception)
10
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
WPS Overview - Regulatory Goals
 Protection
• Protections during applications
• Restricted-entry intervals (REIs)
• Early entry protections
• Handler protections (PPE, etc.)
11
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
WPS Overview - Regulatory Goals
 Mitigation
• Decontamination supplies
• Emergency Assistance
12
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
WPS Overview - 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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
14
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.
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
18
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
WPS Overview - Key Definitions
 Handler - means any person, including a selfemployed 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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
WPS Overview - Key Definitions
 Worker - means any person, including a selfemployed 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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
WPS Overview - Key Provisions
 Exemptions (170.104 & 170.204)
• Exemption for Owner & Immediate Family
• Crop Advisor Exemption
36
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
WPS Requirements Applicable for
Handler Employers




Application Restrictions and Monitoring
Specific Instructions for Handlers
Equipment Safety
Duties Related to PPE
39
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Summary of Entry-Restricted Areas in Nurseries During Pesticide Applications
170.110 (b)
During application of a pesticide:
(1) a- Applied:
(i) Aerially, or
(ii) In an upward direction, or
(iii) Using a spray pressure > 150 psi, or
(2) b- Applied as a:
(i) Fumigant, or
(ii) Smoke, or
(iv) Mist, or
(v) Fog, or
(vi) Aerosol
(2) a- Applied downward using:
(i) A height > 12 in. from the plant medium, or
(ii) A fine spray, or
(iii) A spray pressure > 40 psi. and < 150 psi.
b- Not as 1 or 2 (a) described above but for which a
respiratory protection device is required for
application by the product labeling.
(3) Applied otherwise
Workers are prohibited in:
Treated area +
100 ft in all directions on the
nursery
Treated area +
25 ft in all directions on the
nursery
Treated area
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
100 ft
25 ft
25 ft
25 ft
100 ft
Nursery Treated Area
100 ft
25 ft
100 ft
42
Summary of Greenhouse Entry-Restricted Areas
Associated With Pesticide Applications
170.110 (C) (4)
A. When a pesticide is
applied:
B. Workers are prohibited
in:
C. Until:
D. After the expiration of
time in Column C until
the Restricted-Entry
Interval Expires Area is:
Entire greenhouse plus any
adjacent structure that cannot
be sealed off from the treated
area
The ventilation criteria
of paragraph (c) (3) of
this section are met
No entry restrictions after
criteria in column C are met
(2) As a
(i) Smoke, or
(ii) Mist, or
(iii) Fog, or
(iv) Aerosol
Entire enclosed area
The ventilation criteria
of paragraph (c) (3) of
this section are met
Entire enclosed area is the
treated area
(3) Not in 1 or 2 above, and
for which a respiratory
protection device is
required for application
by the product labeling
Entire enclosed area
The ventilation criteria
of paragraph (c) (3) of
this section are met
Pesticide treated area
(4) Not in 1,2, or 3 above
and:
(i) From a height of > 12 in
from plant medium, or
(ii) As a fine spray, or
(iii )Using a spray pressure
> 40 psi.
Treated area plus 25 ft. in all
directions in the enclosed area
Application is
complete
Pesticide treated area
Pesticide treated area
Application is
Pesticide treated area
(1) As a fumigant
(5) Otherwise
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Exceptions to the Entry Restrictions
• Exception for activities with “no contact”
• Exception for short term activities
• Exception for an agricultural emergency
45
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Exceptions to the Entry Restrictions
• Exception requiring Agency approval
• Current, valid Agency granted exceptions
include:
• Irrigation exception
• Limited contact exception
46
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
WPS Field Posting Sign
Fumigant Treated Area Posting Sign
49
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
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
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Notice of Applications (170.120)
• Notice of applications need not be given if:
– Worker will not enter, work in,
remain in, or pass through on foot:
• the treated area
• any area within 1/4 mile of the treated
area during the application
51
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Notice of Applications (170.120)
– Worker will not enter, work in, remain
in, or pass through on foot (continued):
• any area within 1/4 mile of the treated
area during the REIWorker applied the
pesticide and is aware of information
required
– Note difference for greenhouses
52
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Notice of Applications (170.120)
* Timing of Warning Signs
– Must be posted 24 hours or less before
application
– Remove the signs within 3 days after the
REI has expired
– Keep signs legible and visible while they
are posted
– Remove sign prior to entry by workers
53
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Notice of Applications (170.120)
* Timing of Oral Warnings
– If workers are present they must be
warned before application takes place
– If they are not present they must be
warned orally at the beginning of the next
work period if the application is taking
place or if the REI is still in effect
54
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Providing Specific Information About
Applications and Posting Pesticide Safety
Information (170.122 and 170.135)
• If a worker whom they employ is on their
establishment; and
• A covered pesticide has been applied or a
REI has been in effect within the last 30
days
55
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Providing Specific Information About
Applications and Posting Pesticide Safety
Information (170.122 and 170.135)
• List of recent pesticide applications
– Location and description of treated area,
product name, EPA Reg. No., active
ingredients, time and date of application, REI
for the pesticide applied/to be applied
• Local emergency medical information
– Name, phone number, and address
• WPS safety poster (or equivalent)
56
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Providing Specific Information About
Applications and Posting Pesticide Safety
Information (170.122 and 170.135)
• Inform workers where information is
located
• Allow access to the location
• Information must remain legible
• Shall be displayed until 30 days after the
expiration of the last REI
57
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Notice of Applications to Handler
Employers (170.124)
• Ag employers must provide handler
employers with information about treated
areas on their ag establishments if hiring
commercial pesticide handlers that may be
in or near treated areas
– Specific location and description of any
such areas
– Restrictions on entering areas
58
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Pesticide Safety Training for Workers
(170.130)
• The ag employer shall assure that each
worker required to be trained has been
trained according to the requirements in the
WPS during the last 5 years
59
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Pesticide Safety Training for Workers
(170.130)
• Who can legally conduct worker training?
• Certified applicators
• Trainers of certified applicators
• EPA or State-approved designated
trainers
• Trained WPS handlers
60
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Pesticide Safety Training for Workers
(170.130)
• Other training criteria:
– Train before 6th day (unless early entry)
– Training must be presented orally from
written materials or audio-visually
– In manner/language understood by
workers
61
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Pesticide Safety Training for Workers
(170.130)
• Use EPA/State approved training
materials (videos, flip charts, manuals,
slides) or assure coverage of points in
WPS
• Respond to questions
62
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Decontamination Supplies for Workers
(170.150)
• The ag employer must provide decontamination
supplies when workers will be working in an area:
– where a covered pesticide has been applied
or
– an REI has been in effect within last 30 days
and the worker will have contact with
treated surfaces (except where products with
an REI of 4 hours or less are only pesticides
that were used)
63
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Decontamination Supplies for Workers
(170.150)
• General conditions for decontamination supplies:
– Soap and single-use towels in quantities
sufficient to meet worker’s needs
– Enough water for routine washing/emergency
eye-flushing
– Water must be of quality and temperature not
to cause illness or injury when it contacts skin
or eyes or if swallowed (anti-siphon req. for
mix water)
64
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Decontamination Supplies for Workers
(170.150)
* General conditions for decontamination
supplies: (continued)
– Location must be reasonably accessible
– Not more than 1/4 mile from work site
– Cannot be in area being treated with
pesticides
– Exceptions for remote sites
– Additional requirements for early entry sites
65
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Emergency Assistance (170.160)
• If there is reason to believe that a worker has been
poisoned or injured by exposure to pesticides in
connection with worker duties on the establishment,
the employer shall provide emergency medical
assistance:
– Provide prompt emergency transportation
66
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Emergency Assistance (170.160)
• …the employer shall provide emergency medical
assistance: (continued)
– Provide information:
• Product name, EPA Reg. No., active ingredients
• Statement of practical treatment from labeling
• Circumstances of the application
• Circumstances of exposure of the
person involved
67
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Restrictions During Applications (170.210)
• The handler employer and the handler shall
assure that no pesticide is applied so as to
contact, either directly or through drift, any
worker or OTHER PERSON, other than an
appropriately trained and equipped handler
68
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Restrictions During Applications (170.210)
• Other restrictions:
– The handler employer must assure that
handlers using skull & cross-bone products
are monitored visually or by voice
communication at least every two hours; and
– Fumigant handling/application in greenhouses
must be monitored continuously
• Monitor must have access to PPE
69
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Providing Specific Information About
Applications and Posting Pesticide Safety
Information (170.222 and 170.235)
• If a handler whom they employ is on their
establishment; and
• A covered pesticide has been applied or a
REI has been in effect within the last 30
days
70
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Providing Specific Information About
Applications and Posting Pesticide Safety
Information (170.222 and 170.235)
• List of recent pesticide applications
– Location and description of treated area,
product name, EPA Reg. No., active
ingredients, time and date of application,
REI for the pesticide applied/to be
applied
71
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Providing Specific Information About
Applications and Posting Pesticide Safety
Information (170.222 and 170.235)
• Local emergency medical information
– Name, phone number, and address
• WPS safety poster (or equivalent)
72
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Providing Specific Information About
Applications and Posting Pesticide Safety
Information (170.222 and 170.235)
• Inform handlers where information is
located
• Allow access to the location
• Information must remain legible
• Shall be displayed until 30 days after the
expiration of the last REI
73
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Notice of Applications to
Agricultural Employers (170.224)
• Before the application of any pesticide on or in an
ag establishment, the handler employers must
provide ag employers with information about
pesticide applications or assure the ag employer is
aware of such information
• Specific location and description of areas
to be treated
• Product name, EPA Reg. No., active
ingredient(s)
74
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Notice of Applications to
Agricultural Employers (170.224)
• Time and date of application
• REI
• Notification requirements
• Any other restrictions
75
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Pesticide Safety Training for Handlers
(170.230)
• Before any handler performs any handling
task, the handler employer shall assure that
the handler has been trained according to
the requirements in the WPS during the last
5 years
76
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Pesticide Safety Training for Handlers
(170.230)
• Who can legally conduct handler training?
• Certified applicators
• Trainers of certified applicators
• EPA or State-approved designated
trainers
77
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Pesticide Safety Training for Handlers
(170.230)
• Other training criteria:
• Train before any handling tasks
performed
• Training must be presented orally from
written materials or audio-visually
• In manner/language understood by
handlers
78
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Pesticide Safety Training for Handlers
(170.230)
• Other training criteria (continued):
• Use EPA/State approved training
materials (videos, flip charts, manuals,
slides) or assure coverage of points in
WPS
• Respond to questions
79
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Knowledge of Labeling and SiteSpecific Information (170.232)
• The handler employer shall assure that the
handler:
– has either read the product labeling or has
been informed in a manner the handler can
understand all of the labeling requirements
related to safe use of the pesticide
80
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Knowledge of Labeling and SiteSpecific Information (170.232)
• The handler employer shall assure that the
handler: (continued)
– has access to the product labeling
information during handling activities
– is aware of information about treated
areas on the ag establishment
81
Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Safe Operation of Equipment (170.234)
• The handler employer shall assure that before the
handler uses any equipment for mixing, loading,
transferring, or applying pesticides, the handler is
instructed in the safe operation of such equipment
– Inspect and maintain equipment before each use
– Remove residues before repair; or
– Inform person of potential risks
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Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
PPE Requirements (170.240)
• Any person who performs tasks as a pesticide
handler shall use the clothing and personal
protective equipment (PPE) specified on the
labeling for use of the product
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Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
PPE Requirements (170.240)
• Handler employer is responsible for:
– Providing clean and properly operating PPE
to the handler
– Assuring proper use of PPE by handler
– Care and maintenance of PPE
– Preventing heat-related illness
• Note PPE exceptions
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Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Decontamination Supplies for
Handlers (170.250)
* During any handling activity, the handler
employer must provide for handlers,
decontamination supplies for washing off
pesticides and pesticide residues
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Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Decontamination Supplies for Handlers
(170.250)
• General conditions for decontamination
supplies:
– Soap and single-use towels in quantities
sufficient to meet handler’s needs (plus
clean change of clothing)
– Enough water for routine washing,
emergency eye-flushing and washing
entire body in case of emergency
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Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Decontamination Supplies for Handlers
(170.250)
• General conditions for decontamination
supplies: (continued)
– Water must be of quality and temperature
not to cause illness or injury when it
contacts skin or eyes or if swallowed
(anti-siphon req. for mix water)
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Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Decontamination Supplies for Handlers
(170.250)
• General conditions for decontamination
supplies: (continued)
– Location must be reasonably accessible
– Not more than 1/4 mile from work site
– Exceptions for remote sites
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Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Decontamination Supplies for Handlers
(170.250)
• Additional conditions for handler
decontamination supplies:
– Decontamination supplies must be at
mixing/loading sites
– Emergency eyeflush water must be
immediately available when label requires
protective eyewear
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Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Decontamination Supplies for Handlers
(170.250)
• Additional conditions for handler
decontamination supplies: (continued)
– Decontamination supplies may be in
treated area (but covered)
– Decontamination supplies must be at site
for removing PPE and washing
thoroughly at end of exposure period
– End-of-day site may use clean towels
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Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Emergency Assistance (170.260)
• If there is reason to believe that a handler has been
poisoned or injured by exposure to pesticides in
connection with handling duties on the establishment,
the employer shall provide emergency medical
assistance:
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Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Emergency Assistance (170.260)
• ...the employer shall provide emergency medical
assistance:
– Provide prompt emergency transportation
– Provide information:
• Product name, EPA Reg. No., active ingredients
• Statement of practical treatment from labeling
• Circumstances of the application
• Circumstances of exposure of the person involved
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Richard Pont- Legislative History; Label and Use Requirements;
Interpretative Guidance
Interpretive Guidance Workgroup
* The Interpretive Guidance Workgroup (IGW)
was established to address WPS policy
questions. Existing IGW policies can be found
on EPA’s worker safety website:
www.epa.gov/pesticides/safety/
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