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Pesticides: The Latest Buzz 
EPA’s Proposed Workers Protection Standard
Agenda 
 Overview of existing WPS 
 Analysis of proposed changes 
 Rulemaking process 
 Strategies for participation in rulemaking 
 Tips for reviewing existing programs 
 Suggested resources
Overview of Existing WPS
Current WPS, 40 CFR 170 
 Pesticide safety training 
 Access to labeling and specific information 
 Keep workers out of areas being treated and under REI 
 Protect early-entry workers 
 Notify workers 
 Provide PPE 
 Decon supplies 
 Emergency assistance
Who is covered 
 Responsible for compliance 
 Owners/employers 
 Employers of researchers 
 Employers at commercial establishments 
 Exceptions 
 Owners and immediate family 
 Certified or licensed crop advisors 
 Limited and narrow circumstances
Who is protected 
 Pesticide handlers 
 Agricultural workers 
 Some requirements – anyone doing certain tasks
Duties for Employers 
 Duties for ALL employers: 
 Do not retaliate 
 Provide info 
 Provide safety training 
 Provide decon supplies 
 Exchange info 
 Provide emergency assistance
Duties for Employers 
 Additonal Duties for employers of workers: 
 Restrictions 
 REIs 
 Early-entry worker protections 
 Notify workers
Additional Duties 
 For employers of handlers: 
 Restrictions 
 Monitor 
 Specific info 
 Ensure equipment safety 
 PPE
Analysis of Proposed Changes
Increased Training 
 Annual training 
 Restrictions on entrance 
 Decontamination supplies 
 Access to info 
 Use of PPE
Postings 
 No-entry signs posted until residues decline to safe 
level.
Age Requirement 
 Under 16 prohibited
No-Entry Buffer Areas 
 Protect from exposure from overspray and fumes
Improve State Enforcement 
 Records 
 Training 
 Early-entry notification
PPE 
 Consistent with OSHA
Information 
 Application 
 Labels 
 SDS
Other… 
 Easier compliance 
 Exemptions still in place for family farms
Rulemaking Process
Timeline 
 February 20, 2014: EPA announced proposed changes 
 March 19, 2014: Notice of Proposed Rulemaking 
 August 18, 2014: Comments must be received
Strategies for Participation in 
Rulemaking
Comments 
 The comment period has been extended to August 
18, 2014. 
 1st – read about changes 
 2nd – read full explanation of changes, rationale, and 
disucssion of alternatives 
 3rd – submit comments (English or Spanish)
Submitting Comments 
 Federal eRulemaking Portal 
 Mail 
 Hand Delivery
Questions 
 Training for Workers and Handlers 
 Shorten retraining interval for workers and handlers 
 Establish recordkeeping requirements to verify training for 
workers and handlers 
 Require employers to provide establishment-specific info 
for workers and handlers 
 Establish trainer qualifications 
 Expand the content of worker and handler pesticide 
safety training 
 Retain AV presentations as training 
 Eliminate exception to handler training requirements
Questions 
 Notifications to workers and handlers 
 Posted notification timing and oral notification 
 Locations of warning signs 
 Warning sign content
Questions 
 Hazard Communication 
 Pesticide-specific hazcom materials 
 Pesticide application info – content and timing 
 Pesticide application info – location and accessibility 
 Pesticide application info – retention of records
Questions 
 Info exchange between handler employers and ag 
employers
Questions 
 Handler restrictions
Questions 
 Restrictions for worker entry into treated areas
Questions 
 Display of basic pesticide safety info
Questions 
 Decontamination and emergency assistance
Questions 
 PPE
Questions 
 Monitoring handler exposure to cholinesterase 
inhibiting pesticides
Questions 
 Exemptions and exceptions
Questions 
 General revisions to the WPS and implementation of 
this proposal
Tips for Reviewing Your Existing Program
HTC Document 
 Use current HTC as a way to audit your program
Suggested Resources
Current WPS 
 June 2006 reprint of WPS “How to Comply” manual
Publications – Ag Center 
 Fact Sheets on WPS
Thank you! 
Continue the conversation – 
Abby Ferri, CSP 
abbyferri@gmail.com 
612-567-9981 
@abbyferri 
Abby Ferri, CSP 
+AbbyFerriCSP

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Pesticides - Proposed Workers Protection Standard

  • 1. Pesticides: The Latest Buzz EPA’s Proposed Workers Protection Standard
  • 2. Agenda  Overview of existing WPS  Analysis of proposed changes  Rulemaking process  Strategies for participation in rulemaking  Tips for reviewing existing programs  Suggested resources
  • 4. Current WPS, 40 CFR 170  Pesticide safety training  Access to labeling and specific information  Keep workers out of areas being treated and under REI  Protect early-entry workers  Notify workers  Provide PPE  Decon supplies  Emergency assistance
  • 5. Who is covered  Responsible for compliance  Owners/employers  Employers of researchers  Employers at commercial establishments  Exceptions  Owners and immediate family  Certified or licensed crop advisors  Limited and narrow circumstances
  • 6. Who is protected  Pesticide handlers  Agricultural workers  Some requirements – anyone doing certain tasks
  • 7. Duties for Employers  Duties for ALL employers:  Do not retaliate  Provide info  Provide safety training  Provide decon supplies  Exchange info  Provide emergency assistance
  • 8. Duties for Employers  Additonal Duties for employers of workers:  Restrictions  REIs  Early-entry worker protections  Notify workers
  • 9. Additional Duties  For employers of handlers:  Restrictions  Monitor  Specific info  Ensure equipment safety  PPE
  • 11.
  • 12. Increased Training  Annual training  Restrictions on entrance  Decontamination supplies  Access to info  Use of PPE
  • 13. Postings  No-entry signs posted until residues decline to safe level.
  • 14. Age Requirement  Under 16 prohibited
  • 15. No-Entry Buffer Areas  Protect from exposure from overspray and fumes
  • 16. Improve State Enforcement  Records  Training  Early-entry notification
  • 17. PPE  Consistent with OSHA
  • 18. Information  Application  Labels  SDS
  • 19. Other…  Easier compliance  Exemptions still in place for family farms
  • 21. Timeline  February 20, 2014: EPA announced proposed changes  March 19, 2014: Notice of Proposed Rulemaking  August 18, 2014: Comments must be received
  • 23. Comments  The comment period has been extended to August 18, 2014.  1st – read about changes  2nd – read full explanation of changes, rationale, and disucssion of alternatives  3rd – submit comments (English or Spanish)
  • 24. Submitting Comments  Federal eRulemaking Portal  Mail  Hand Delivery
  • 25. Questions  Training for Workers and Handlers  Shorten retraining interval for workers and handlers  Establish recordkeeping requirements to verify training for workers and handlers  Require employers to provide establishment-specific info for workers and handlers  Establish trainer qualifications  Expand the content of worker and handler pesticide safety training  Retain AV presentations as training  Eliminate exception to handler training requirements
  • 26. Questions  Notifications to workers and handlers  Posted notification timing and oral notification  Locations of warning signs  Warning sign content
  • 27. Questions  Hazard Communication  Pesticide-specific hazcom materials  Pesticide application info – content and timing  Pesticide application info – location and accessibility  Pesticide application info – retention of records
  • 28. Questions  Info exchange between handler employers and ag employers
  • 29. Questions  Handler restrictions
  • 30. Questions  Restrictions for worker entry into treated areas
  • 31. Questions  Display of basic pesticide safety info
  • 32. Questions  Decontamination and emergency assistance
  • 34. Questions  Monitoring handler exposure to cholinesterase inhibiting pesticides
  • 35. Questions  Exemptions and exceptions
  • 36. Questions  General revisions to the WPS and implementation of this proposal
  • 37. Tips for Reviewing Your Existing Program
  • 38. HTC Document  Use current HTC as a way to audit your program
  • 40. Current WPS  June 2006 reprint of WPS “How to Comply” manual
  • 41. Publications – Ag Center  Fact Sheets on WPS
  • 42. Thank you! Continue the conversation – Abby Ferri, CSP abbyferri@gmail.com 612-567-9981 @abbyferri Abby Ferri, CSP +AbbyFerriCSP

Editor's Notes

  1. An overview of the existing WPS and how far the EPA’s proposed changes could go once its rule is finalized Detailed analysis of the proposed changes, such as annual mandatory training, and what MUST be included in the training, including
- first-time ever minimum age requirement for handling pesticides
- new no-entry 25-100 foot buffer areas surrounding pesticide treated fields
- PPE with a focus on respiratory equipment
- recordkeeping requirements
- requirements for making information specific to pesticide application available to workers and worker advocates
- changes to make the WPS more easy to comply with for farmers Insight into how the rulemaking process will unfold and when finalization could occur Strategies for participating effectively in the rulemaking commenting process including the benefit of providing comments as individuals, as a single company, or as part of a trade association Tips for reviewing your existing program to identify areas where you will need to upgrade Suggestions for identifying and evaluating outside resources to assist you in developing a compliant going forward strategy and program
  2. On February 20, 2014, the Environmental Protection Agency announced proposed changes to the agricultural Worker Protection Standard (WPS) to increase protections from pesticide exposure for the nation's 2 million agricultural workers and their families. This is an important milestone for the farm workers who plant, tend, and harvest the food that we put on our tables each day. We are seeking your input on the proposed changes and rationale in the Notice of Proposed Rulemaking, which published in the Federal Register on March 19, 2014. Comments must be received on or before August 18, 2014. Comments must be submitted to http://www.regulations.gov identified by docket number EPA-HQ-OPP-2011-0184. Your comments will help EPA determine the final version of this regulation. 1. Purpose of the regulatory action. The Environmental Protection Agency (EPA or the Agency) proposes to revise the existing Worker Protection Standard (WPS) at 40 CFR part 170 to reduce the incidence of occupational pesticide exposure and related illness among agricultural workers (workers) and pesticide handlers (handlers) covered by the rule. This regulation, in combination with other components of EPA's pesticide regulatory program, is intended to prevent unreasonable adverse effects of pesticides among pesticide applicators, workers, handlers, the general public, and vulnerable groups, such as minority and low-income populations.
  3. The current WPS is 20 years old. The requirements in the current WPS are intended to inform workers and handlers about pesticide safety, provide protections from potential exposure to pesticides, and mitigate exposures that do occur. The Worker Protection Standard (WPS) is a regulation issued by the U.S. Environmental Protection Agency to protect agricultural workers from the effects of exposure to pesticides. It covers pesticides that are used in the production of agricultural plants on farms, forests, nurseries, and greenhouses. The WPS offers protections to over three and a half million people who work with pesticides at over 560,000 workplaces. The scope of the regulation includes both workers performing in areas treated with pesticides and those who handle (mix, load, apply, etc.) pesticides in these locations. Pesticide safety training — for workers and handlers, Access to labeling information — for pesticide handlers and early-entry workers, Access to specific information — for workers and handlers, which includes providing information about pesticide applications on the establishment, emergency information, and a pesticide safety poster at a central location, Keep workers out of areas being treated with pesticides, Keep workers out of areas that are under a restricted-entry interval (REI), with a few narrow exceptions, Protect early-entry workers who are doing permitted tasks in pesticide-treated areas during an REI, including special instructions and duties related to correct use of personal protective equipment, Notify workers about pesticide-treated areas so they can avoid inadvertent exposures, Monitor handlers using highly toxic pesticides, Provide required personal protective equipment to handlers, Decontamination supplies — a sufficient supply of water, soap, and towels for routine washing and emergency decontamination, and Emergency assistance — making transportation available to a medical care facility in case of a pesticide injury or poisoning, and providing information about the pesticide(s) to which the person may have been exposed.
  4. Who is responsible for complying with the WPS? Owners/employers on agricultural establishments that grow and harvest for commercial production: Fruits and vegetables on farms Timber and trees in forests and nurseries Plants in greenhouses and nurseries Employers of researchers who help grow and harvest plants Employers at commercial pesticide handling establishments What exceptions are there from the WPS?Owners and immediate family members on wholly family-owned farms are exempt from many of the WPS requirements. Certified or licensed crop advisors and persons under their direct supervision who perform crop advisor tasks are exempt from certain WPS provisions except for pesticide safety training. Limited and narrow circumstances: The WPS does not apply when pesticides are applied on an agricultural establishment in certain limited circumstances. Agricultural establishments are defined by 40 CFR § 170.3, as farms, nurseries, greenhouses, and forests. Routine WPS agricultural inspections are conducted at agricultural establishments to ensure users of pesticides subject to WPS comply with requirements of product label(s) by examining practices of agricultural and handler employers and their employees to ensure that they are in compliance with:product-specific WPS requirements as prescribed on pesticide product labeling [personal protective equipment (PPE), Restricted Entry Intervals (REIs), and oral and posted warnings used on the establishment] and;generic WPS requirements incorporated by the reference statement that appears on the labeling (pesticide safety information, decontamination supplies, safety training, emergency assistance, and worker notification).
  5. Who is protected by the WPS? The WPS protects employees on farms, forests, nurseries, and greenhouses from occupational exposure to agricultural pesticides and covers two types of employees:Pesticide handlers: those who mix, load, or apply agricultural pesticides; clean or repair pesticide application equipment; or assist with the application of pesticides. Agricultural workers: those who perform tasks related to growing and harvesting plants on farms or in greenhouses, nurseries, or forests.Workers include anyone employed for any type of compensation (including self-employed) doing tasks such as carrying nursery stock, repotting plants, or watering, or other tasks directly related to the production of agricultural plants on an agricultural establishment.Workers do NOT include employees such as office employees, truck drivers, mechanics, and any other workers not engaged in worker/handler activities.Some requirements apply to anyone doing certain tasks, such as handling pesticide application equipment or cleaning or laundering pesticide-contaminated personal protective equipment. The WPS is a regulation intended to reduce the risks of injury or illness resulting from agricultural workers' and handlers' use and contact with pesticides on farms, forests, nurseries and greenhouses. The rule does not cover persons working directly with livestock. The existing regulation has provisions for employers to provide workers and handlers with pesticide safety training, posting and notification of treated areas, entry restrictions, and PPE for workers who enter treated areas after pesticide application to perform crop-related tasks, as well as for handlers who mix, load, and apply pesticides. The rule was promulgated in 1992 and implementation was delayed until 1995.
  6. Duties for ALL Employers Do not retaliate against a worker or handler Provide information at a central location Provide pesticide safety training Provide decontamination supplies Exchange information (between a commercial handler employer and an operator of an agricultural establishment) Provide emergency assistance
  7. Additional Duties for Employers of Workers Implement restrictions during applications Implement restricted-entry intervals (REIs )Implement protections for early entry by workers Notify workers about applications and pesticide-treated areas and not to enter during the REI by: Providing oral warnings and/orPosting warning signs.
  8. Additional Duties for Employers of Handlers Implement restrictions during applications Monitor handlers working with toxic pesticides Provide specific instructions for handlers Take steps to ensure equipment safety Personal Protective Equipment (PPE) Provide the required PPE in clean and good operating condition Ensure the PPE is worn correctly Provide a clean place for storing personal clothing and remove PPE Care for, maintain, and replace damaged or worn PPE Replace respirator purifying elements Dispose of contaminated PPE Provide instructions for people who clean PPE
  9. The WPS is a regulation intended to reduce the risks of injury or illness resulting from agricultural workers' and handlers' use and contact with pesticides on farms, forests, nurseries and greenhouses. The rule does not cover persons working directly with livestock. The existing regulation has provisions for employers to provide workers and handlers with pesticide safety training, posting and notification of treated areas, entry restrictions, and PPE for workers who enter treated areas after pesticide application to perform crop-related tasks, as well as for handlers who mix, load, and apply pesticides. The rule was promulgated in 1992 and implementation was delayed until 1995.The changes in this proposed revision of the WPS are intended to address shortcomings in the current regulations, such as:• Absence of a minimum age for handlers of pesticides and agricultural workers engaged in early-entry activities,• Inadequate hazard communication provisions,• Insufficient training of agricultural workers before they face potential pesticide exposure,• Unclear requirements regarding the decontamination supplies the WPS requires employers to provide, and• Insufficient recordkeeping to verify compliance with regulations.EPA believes that the proposed changes offer targeted improvements that would reduce risk through protective requirements and improve operational efficiencies. EPA expects the proposed changes to:• Improve effectiveness of worker and handler training,• Improve protections to workers during restricted-entry intervals (REIs),• Improve protections for workers during and after pesticide applications,• Expand the information provided to workers, thus improving hazard communication protections,• Expand the content of pesticide safety information displayed, thus improving the display's effectiveness,• Improve the protections for crop advisor employees,• Increase the amounts of decontamination water available, thus improving the effectiveness of the decontamination process,• Improve the emergency response when workers experience pesticide exposures,• Improve the organization of the WPS, thus improving employers' ability to understand and comply with the provisions,• Clarify the coverage of the WPS to those employed and receiving a salary or wage to ensure protection for occupational pesticide workers,• Protect children by establishing a minimum age for handlers and for workers who enter a treated area during an REI while maintaining an exemption to the minimum age requirement for children working on the establishment of an immediately family member, and• Improve flexibility for small farmers and members of their immediate family by expanding the definition of immediate family members to be more inclusive and retaining the exemptions from almost all WPS requirements for owners and their immediate family members.
  10. The proposed changes to the current WPS requirements are expected to lead to an overall reduction in incidents of unsafe pesticide exposure and to improve the occupational health of the nation's agricultural workers and pesticide handlers. This section provides an overview of the qualitative benefits of the proposal and the estimated benefits that would accrue from avoiding acute pesticide exposure in the population protected by the WPS. It also provides an estimate of the number of chronic illnesses with a plausible association with pesticide exposure that would have to be prevented by the proposed changes in order for the total estimated benefits to meet the estimated cost of the proposal.A sizeable portion of the agricultural workforce may be exposed occupationally to pesticides and pesticide residues. These exposures can pose significant long- and short-term health risks. It is difficult to quantify a specific level of risk and project the risk reduction that would result from this proposal because workers and handlers are potentially exposed to a wide range of pesticides with varying toxicities and risks. However, there is strong evidence that workers and handlers may be exposed to pesticides at levels that can cause adverse effects and that both the exposures and the risks can be substantially reduced. EPA believes the provisions in the proposed rule would reduce pesticide exposures and the associated risks. H. Summary of Proposed ChangesEPA proposes to revise the WPS by:Amending the existing pesticide safety training content, retraining interval (frequency), and qualifications of trainers,Ensuring workers receive safety information before entering any pesticide treated area by amending the existing “grace period” and expanding the training required during the “grace period,”Establishing a minimum age of 16 for handlers and for workers who enter an area under an REI,Establishing requirements for specific training and notification for workers who enter an area under an REI,Restricting persons' entry into areas adjacent to a treated area during an application,Enhancing the requirement for employers to post warning signs around treated areas,Modifying the content of the warning sign,Adding information employers must keep under the requirement to maintain application-specific information,Requiring recordkeeping for pesticide safety training and worker entry into areas under an REI,Ensuring the immediate family exemption includes an exemption from the proposed minimum age requirements for handlers and early-entry workers,Expanding the definition of “immediate family” to allow more family-owned operations to qualify for the exemptions to the WPS requirements,Revising definitions to improve clarity and to refine terms, andRestructuring the regulation to make it easier to read and understand.
  11. For training, the proposal requires employers to ensure that workers and handlers receive pesticide safety training every year. The content of the training is expanded to include how to reduce take-home exposure to pesticides, as well as other topics. Employers are required to retain records of the training provided to workers and handlers for 2 years from the date of training. Increased frequency of mandatory trainings (from once every five years to annually) to inform farm workers about the protections they are afforded under the law, including restrictions on entering pesticide-treated fields and surrounding areas, decontamination supplies, access to information and use of personal protective equipment. Expanded trainings will include instructions to reduce take-home exposure from pesticides on work clothing and other safety topics. The proposed changes to the current WPS requirements, specifically improved training on reducing pesticide residues brought from the treated area to the home on workers and handlers' clothing and bodies and establishing a minimum age for handlers and early entry workers, other than those covered by the immediate family exemption, mitigate the potential for children to be exposed to pesticides directly and indirectly. The unquantified benefit to adolescent workers and handlers, as well as children of workers and handlers is great; reducing exposure to pesticides could translate into fewer sick days, fewer days missed of school, improved capacity to learn, and better long-term health. Parents and caregivers reap benefits by having healthier families, fewer missed workdays, and better quality of life. By proposing several interrelated exposure-reduction measures, the revised rule is expected to mitigate approximately 56% of reported acute WPS-related pesticide incidents. EPA believes the proposed rule would substantially mitigate for these workers and handlers the potential for adverse health effects (acute and chronic) from occupational exposures to such pesticides and their residues. These measures include requirements intended to reduce exposure by:• Ensuring that workers and handlers are informed about the hazards of pesticides—the proposed rule changes the content and frequency of required pesticide safety training, as well as proposing changes to ensure that the pesticide safety training is more effective.• Reducing exposure to pesticides—among other things, the proposed rule changes and clarifies the requirements for personal protective equipment. It also makes changes to the timing of applications when people are nearby. These and other provisions should directly reduce exposure in the agricultural workforce.• Mitigating the effects from exposures that occur—some accidental exposures are inevitable. EPA expects the proposed rule to mitigate the severity of health impacts by updating and clarifying what is required to respond to exposures. Reduced exposure through a. Expanded and more frequent training for workers and handlers. EPA's current requirement for training workers and handlers fails to address or to highlight the importance of some self-protective practices, such as reducing pesticide exposure to workers, handlers, and their families by avoiding bringing pesticide residues home on clothing, shoes, or skin. The existing regulation requires employers to provide training every 5 years. The proposed rule, if finalized, would expand the content of the training, increase the frequency of training to every year, and set higher standards for trainers. Providing workers and handlers with information on reducing pesticide exposure in a manner they understand, e.g., in a language they speak and at an appropriate education level, and at intervals more likely to result in retention of the information, would benefit workers and handlers. Thus, EPA believes the proposed rule would reduce overall pesticide exposure among workers, handlers, and their families. d. Access to more information about chemical hazards in the workplace. The current WPS requires the employer to maintain records of what pesticides have been used or have had an REI in effect on the establishment in the last 30 days. The employer must provide the name of the pesticide, EPA registration number, and other general information at a central location on the establishment. The proposed rule would require employers to maintain a copy of pesticide labeling, the application records, and the Safety Data Sheet (SDS, formerly known as Material Safety Data Sheet, or MSDS), as well as the information currently required under the WPS, for 2 years after the product was applied on the establishment. The employer would be required to provide this information upon request and to ensure that health care providers treating a worker or handler who was exposed on the establishment receive a copy of this information. The more specific information required, longer retention period, and provision to provide additional information to health care providers should assist the health care provider in determining the specific types of pesticides to which a worker or handler may have been exposed and in more effectively treating the injured person.
  12. For notification, the proposal requires employers to post treated areas when the product used has a restricted-entry interval (REI) greater than 48 hours. It also requires that workers performing early-entry tasks, i.e., entering a treated area when an REI is in effect, receive information about the pesticide used in the area where they will work, the specific task(s) to be performed, and the amount of time the worker may remain in the treated area. Finally, the proposal requires employers to keep a record of the information provided to workers performing early-entry tasks. Expanded mandatory posting of no-entry signs for the most hazardous pesticides; the signs prohibit entry into pesticide-treated fields until residues decline to a safe level. For hazard communication, the proposal eliminates the requirement for a central display of pesticide application-specific information. The proposal requires the employer to maintain and make available upon request the pesticide application-specific information, as well as the labeling and safety data sheets for pesticides used on the establishment for 2 years. b. Improved posting of pesticide-treated areas. The current WPS allows growers to provide either an oral or posted warning to workers about which areas have been treated with a pesticide and are under an REI unless the pesticide label requires both an oral and posted warning. Many of the occupational pesticide illnesses reported to state health agencies have occurred when workers entered a treated area before the REI expired. The proposed regulation would require posting of all treated areas with an REI of greater than 48 hours, providing a visual reminder to workers not to enter the specific pesticide-treated area without proper protection. c. Streamlining notification requirements between handler employers and agricultural establishment employers. Under the current WPS, handler employers are required to notify the owner of the agricultural establishment about the start and end time of applications, as well as changes to the application start time and end time or application duration, before the application begins. The proposed changes would require handlers or their employers to provide changes to pesticide application plans to the agricultural employer within 2 hours of the end of the application rather than before the application. Changes to the estimated application end time of less than one hour would not require notification.
  13. For minimum age, the proposal requires that handlers and workers performing early-entry tasks be at least 16 years old. This minimum age does not apply to immediate family members working on an establishment owned by another immediate family member. First time-ever minimum age requirement: Children under 16 will be prohibited from handling pesticides, with an exemption for family farms.
  14. No-entry buffer areas surrounding pesticide-treated fields will protect workers and others from exposure from pesticide overspray and fumes. c. Additional information before entering a pesticide-treated area under an REI. As mentioned above, many incidents of pesticide exposure among workers result from entering an area while an REI is in effect. The proposed rule would require that worker training include information about the limited circumstances in which workers may enter a treated area under an REI, the hazards workers may face, and that the employer must provide the proper PPE. Employers would also have to inform workers entering a treated area under an REI about the conditions under which they enter the treated area and the maximum time they are permitted to stay in the treated area. Providing workers with general information about working in a treated area under an REI as well as with specific information about the circumstances of each instance should make them aware of the elevated risks and the steps necessary to protect themselves.
  15. Measures to improve the states’ ability to enforce compliance including requiring employers to keep records of application-specific pesticide information as well as farmworker training and early-entry notification for two years.
  16. For personal protective equipment (PPE), the proposal adopts the Occupational Safety and Health Act requirements for respirator use by handlers, i.e., fit test, medical evaluation, and training. In addition, the proposal adopts the existing California standard for closed systems. Personal Protection Equipment (respirator use) must be consistent with the Occupational Safety & Health Administration standards for ensuring respirators are providing protection, including fit test, medical evaluation, and training. a. Eliminating duplicative respirator requirements. Agricultural worker and handler employers may also be subject to regulations issued by other federal agencies, such as the Occupational Safety and Health Administration (OSHA). The current WPS standard for proper use and maintenance of a respirator differs from the standard established by OSHA. The proposed rule harmonizes the requirements for agricultural employers that may be required to provide a respirator for their employees using pesticides under the WPS with those issued by OSHA for respirator use in agriculture beyond pesticide use in order to reduce the burden on employers to comply with two separate standards.
  17. Make available to farm workers or their advocates (including medical personnel) information specific to the pesticide application, including the pesticide label and Safety Data Sheets. e. Strengthened requirements for handlers during applications. The risk of illness resulting from exposure to pesticides through drift is largely borne by agricultural workers. A recent study estimates that 37% to 68% of acute pesticide-related illnesses in agricultural workers are caused by spray drift (Ref. 2). The proposed rule would require handlers to immediately stop an application if, during the application, anyone other than a properly equipped handler enters the entry-restricted area or the area treated with pesticides. This, together with the proposal to create entry-restricted areas around the treated area for farms, forests and nurseries, is expected to result in reduced incidents of worker exposure through unintentional contact during application or through drift. d. Access to more information about chemical hazards in the workplace. The current WPS requires the employer to maintain records of what pesticides have been used or have had an REI in effect on the establishment in the last 30 days. The employer must provide the name of the pesticide, EPA registration number, and other general information at a central location on the establishment. The proposed rule would require employers to maintain a copy of pesticide labeling, the application records, and the Safety Data Sheet (SDS, formerly known as Material Safety Data Sheet, or MSDS), as well as the information currently required under the WPS, for 2 years after the product was applied on the establishment. The employer would be required to provide this information upon request and to ensure that health care providers treating a worker or handler who was exposed on the establishment receive a copy of this information. The more specific information required, longer retention period, and provision to provide additional information to health care providers should assist the health care provider in determining the specific types of pesticides to which a worker or handler may have been exposed and in more effectively treating the injured person.
  18. Additional changes make the rule more practical and easier to comply with for farmers.Continues the exemptions for family farms. d. Improving clarity of the regulation. The Agency proposes to revise and reorganize the WPS to enhance the ability of employers to understand their responsibilities under the regulation, which could lead to increased compliance with the rule. The proposed rule, if finalized, would reorganize the rule into four sections: (1) General requirements, (2) responsibilities of agricultural employers, (3) responsibilities of handler employers, and (4) exceptions. Employers' greater understanding and compliance with the WPS would ensure that workers and handlers are provided with the information and equipment they need to protect themselves. In turn, this should contribute to reduced incidents of unreasonable adverse effects from pesticide exposure.
  19. On February 20, 2014, the Environmental Protection Agency announced proposed changes to the agricultural Worker Protection Standard (WPS) to increase protections from pesticide exposure for the nation's 2 million agricultural workers and their families. This is an important milestone for the farm workers who plant, tend, and harvest the food that we put on our tables each day. EPA is seeking your input on the proposed changes and rationale in the Notice of Proposed Rulemaking, which published in the Federal Register on March 19, 2014. Comments must be received on or before August 18, 2014. Comments must be submitted to http://www.regulations.gov identified by docket number EPA-HQ-OPP-2011-0184. Your comments will help EPA determine the final version of this regulation. The comment period has been extended an additonal 60 days at the requests of growers, industry, farmworker advocates, and states.
  20. The Agency invites the public to provide its views and suggestions for changes on all of the proposals in thisdocument. Specifically, the Agency requests the public to consider and provide input on the following when providing comments:The need for, value of, and any alternatives to the requirements described in this document.The studies and scientific articles used as the basis of this proposed rule.The clarity of the proposed revisions.The ability to effectively enforce the proposed regulation.The economic analysis of the proposed rule, including its underlying assumptions, economic data, high- and low-cost options and alternatives, and benefits.Additionally, in other parts of this proposed rule, EPA is specifically requesting comments on certain issues. EPA welcomes comments on these topics of particular interest to the Agency.Commenters are encouraged to present any data or information that should be considered by EPA during the development of the final rule. Describe any assumptions and provide any technical information and data used in preparing your comments. Explain evaluations or estimates in sufficient detail to allow for them to be reproduced for validation. Commenters are reminded that the submission of data derived from human research should include information concerning the ethical conduct of such research, in compliance with the requirements at 40 CFR 26.1303.
  21. When submitting comments, remember to:Identify the document you’re discussing (ex. NPRM or Economic Analysis) by the docket number (EPA-HQ-OPP-2011-0184) and other identifying information like the subject heading (ex. Handler Restrictions), Federal Register date (March 19, 2014) and page number.In some places in the proposal we ask you to respond to specific questions and to organize comments by referencing the Code of Federal Regulations (CFR) part and section number (ex. 40 CFR part 170.111)Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.Present any data or information that should be considered by EPA during the development of the final rule.Provide specific examples to illustrate your concerns and suggest alternatives.Explain your views as clearly as possible, avoiding the use of profanity or personal threats.Describe any assumptions and provide any technical information and/or data that you used.If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.Commenters are reminded that the submission of data derived from human research should include information concerning the ethical conduct of such research, in compliance with the requirements at 40 CFR 26.1303.Make sure to submit your comments by the date specified in the Federal Register notice expected to publish within 10 days.Overall, please provide input on the:need for a change, value of any changes, and any alternatives to the proposed changes.studies and scientific articles used as the basis of this proposed rule.clarity of the proposed revisions.ability to effectively enforce the proposed regulation.economic analysis of the proposed rule, including its underlying assumptions, economic data, high- and low-cost options and alternatives, and benefits.
  22. Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2011-0184, by one of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), Mail code: 28221T, 1200 Pennsylvania Ave., NW, Washington, DC 20460. In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attn: Desk Officer for EPA, 725 17th St., NW, Washington, DC 20503.Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.