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DRAFT

WORKER PROTECTION STANDARD

U.S. EPA Inspection ManualJuly 7, 2016

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Inspection Manual Revisions

This Worker Protection Standard (WPS) Inspection Manual is an inspection support tool provided by the U.S. Environmental Protection Agency (EPA), for use by EPA regions, states and tribes conducting federal inspections under the Federal Insecticide, Fungicide, and Rodenticide Act. This document supersedes the EPA WPS Agricultural Inspection Guidance released in February 2012. This document was revised by an EPA Workgroup composed of EPA Office of Compliance (Carol Galloway), the Office of Pesticide Programs (Richard Pont), and a Regional representative (Donald Baumgartner, Region 5), based on the revised WPS regulation published November 2, 2015. Subsequently, this document was offered for review to all EPA regional offices, pesticide State Lead Agencies (SLAs), and tribes with pesticide cooperative enforcement agreements and further revised in consideration of the comments received. Specific questions or concerns regarding this manual should be forwarded to Carol Galloway at 913-551-5092 or [email protected]. EPA appreciates the EPA Regions, SLAs and tribes that provided input to further improve the manual.

DISCLAIMER

This Inspection Manual is not a regulation and, therefore, does not add, eliminate or change any existing regulatory requirements. The statements in this document are intended solely as guidance. This document is not intended, nor can it be relied on, to create any rights enforceable by any party in litigation with the United States. EPA, state and tribal officials may decide to follow the guidance provided in this document, or to act at variance with the guidance, based on analysis of site-specific circumstances. Deviations from this document on the part of any duly authorized official, inspector, or agent shall not be a defense in any enforcement action; nor shall deviation from this manual constitute grounds for rendering the evidence obtained thereby inadmissible in a court of law. This manual may be revised without public notice to reflect changes in EPA’s policy.

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mailto:[email protected]

REVISIONS

Issued _____________ , 2016

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Contents

Chapter 1. INTRODUCTION........................................................................................................9

1.1 The Worker Protection Standard...................................................................10

1.2 Goals of WPS Inspections..............................................................................11

Chapter 2. TYPES OF WPS INSPECTIONS................................................................................13

2.1 Focused WPS Inspections..............................................................................13

2.2 Comprehensive WPS Inspections..................................................................15

2.2.1 Routine (Non-Complaint Based) Inspections..........................................15

2.2.2 For-Cause (Complaint Based) Inspections..............................................16

2.2.3 Re-Inspections........................................................................................17

2.3 Inspection Timing – Tier I and Tier II.............................................................18

2.3.1 WPS Tier I...............................................................................................18

2.3.2 WPS Tier II..............................................................................................19

Chapter 3. TYPES OF REGULATED ESTABLISHMENTS...................................................20

3.1 Agricultural Establishments...........................................................................20

3.2 Owners of Agricultural Establishments and Their Immediate Family..........21

3.3 Commercial pesticide handling establishment.............................................22

3.4 Farm Labor Contractors (FLC)........................................................................23

Chapter 4. PRE-INSPECTION PLANNING................................................................................25

4.1 document review...........................................................................................25

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4.2 Biosecurity, Food security and personal safety.............................................26

4.3 Gaining Entry..................................................................................................26

Chapter 5. CONDUCTING THE INSPECTION................................................................................27

5.1 Opening Conference......................................................................................27

5.2 Documentation..............................................................................................28

5.3 Employer/Supervisor Interviews......................................................................30

Requirements that Apply to Agricultural Employers of Workers, Agricultural Employers of Handlers, and Commercial Pesticide Handler Employers

5.3.1 General Employer Responsibilities ........................................................30

5.3.2 Pesticide Safety Training.........................................................................32

5.3.3 Decontamination and Eye Flush Supplies...............................................33

5.3.4 Emergency Assistance............................................................................35

5.3.5 Employee Refusal...................................................................................36

Requirements that Only Apply to Agricultural Employers of Workers and Agricultural Employers of Handlers

5.3.6 Display of Pesticide Safety, Application, Hazard and Establishment Specific Information................................................................................37

5.3.7 Restrictions for Agricultural Employers During Applications..................39

5.3.8 Treated Areas Information from the Agricultural Employer to the Commercial Handler Employer...............................................................41

Requirements that Only Apply to Agricultural Employers of Workers

5.3.9 Notice of Application..............................................................................41

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5.3.10 Restrictions to Worker Entry After Pesticide Applications....................43

5.3.11 Early Entry............................................................................................44

Requirements that Only Apply to Agricultural Employers of Handlers and Commercial Pesticide Handler Employers

5.3.12 Safe Operation of Equipment...............................................................47

5.3.13 Restrictions for Handlers and Handler Employers During Applications. 48

5.3.14 Handler Knowledge of Labeling and Application-Specific Information.48

5.3.15 Applications Involving Highly Toxic Pesticides......................................49

5.3.16 Fumigant Applications in Enclosed Space Production..........................49

5.3.17 Personal Protective Equipment (PPE) for Handlers..............................49

5.3.18 PPE Exceptions......................................................................................52

5.3.19 Treated Areas Information from the Commercial Handler Employer to the Agricultural Employer....................................................................55

5.3.20 Information from the Agricultural Employer to the Commercial Handler Employer..............................................................................................56

5.4 Employee Interviews.....................................................................................57

5.4.1 Title VI of the Civil Rights Act of 1964 and Limited English Proficiency. .58

5.4.2 Addressing Language Barriers................................................................58

5.4.3 Addressing Disabilities............................................................................58

5.5 Review pesticide labels on site......................................................................59

5.6 Record review................................................................................................59

5.6.1 Application and hazard information records .........................................60

5.6.2 Pesticide safety training records ............................................................60

5.6.3 Respirator safety records .......................................................................60

5.7 Worker Interviews.........................................................................................63

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5.7.1 Handler Tasks............................................................................................63


5.7.3 Decontamination Supplies......................................................................64


5.7.5 Display of Pesticide Safety, Application and Hazard Information............65

5.7.6 Establishment-Specific Information........................................................67

5.7.7 Notification of Treated Areas and Restrictions during and after Applications............................................................................................68

5.7.8 Early Entry..............................................................................................69

5.7.9 Retaliation..............................................................................................72

5.7.10 Employee Refusals................................................................................72

5.7.11 Pesticide Exposure Incidents................................................................72

5.8 Handler Interviews.........................................................................................74

5.8.1 Minimum Age.........................................................................................75


5.8.3 Decontamination and Eye Flushing Supplies...........................................77


5.8.5 Display of Pesticide Safety, Application and Hazard Information...........78

5.8.6 Establishment-Specific Information........................................................81

5.8.7 Information from the Agricultural Employer on Treated Areas..............81

5.8.8 Safe Operation of Equipment ................................................................82

5.8.9 Restrictions for Handlers and Handler Employers during Applications ..82

5.8.10 Handler Knowledge of Labeling and Application-Specific Information...84

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5.8.11 Applications of Highly Toxic Pesticides...................................................85

5.8.12 Fumigant Applications in Enclosed Space Production............................85

5.8.13 PPE Exceptions .......................................................................................88

5.8.14 Retaliation.............................................................................................91

5.8.15 Employee Refusals.................................................................................91

5.8.16 Pesticide Exposure Incidents.................................................................92

5.9 Exit Conference..............................................................................................93

Chapter 6. POST INSPECTION.....................................................................................................94

END NOTES....................................................................................................................94

Appendix A. REPORTING INSPECTION ACTIVITIES.............................................95

Appendix B. GLOSSARY OF TERMS.........................................................................95

Appendix C. SUPPLEMENTAL WPS ENFORCEMENT TOOLS..............................100

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CHAPTER 1. INTRODUCTIONThis manual is a supplement to EPA’s Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Inspection Manual, October 2013. Inspectors should consult that manual for basic information on FIFRA inspections such as health and safety, entry/opening conference, use and for-cause inspection procedures, sample collection, records examination, documentation, report writing and other related topics. This document focuses on elements of a FIFRA inspection that are unique to WPS inspections. EPA, states and tribes should follow these procedures for WPS inspections conducted using federal credentials. Inspectors using state or tribal credentials are encouraged to incorporate these procedures into state or tribal procedures. More information on Use Inspections is provided in Chapter 8 of the EPA 2013 FIFRA Inspection Manual.1

This manual provides information to pesticide lead agency inspectors on how to conduct Worker Protection Standard (WPS) inspections that adequately document compliance with the WPS rule2 requirements and includes how to involve individuals with limited English proficiency (LEP), required under Title VI of the Civil Rights Act3, or disabilities, in conformance with the Rehabilitation Act4, in the WPS inspection process. This manual is intended to promote nationally consistent WPS inspections.

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. As recipients of federal financial assistance, states are obligated to comply with the requirements concerning Limited English Proficiency (LEP). See Section V for more information on how Title VI affects WPS inspections. 2

The U.S. Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment, and in the employment practices of federal contractors. As a recipient of federal financial assistance, states are obligated to accommodate a communication barrier due to an individual’s disability, such as a vision, hearing or speech impairment. Specifically, states must make a reasonable accommodation for known physical or mental limitations of an individual with a disability. See Section V for more information on how the Rehabilitation Act affects WPS inspections.

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1.1 THE WORKER PROTECTION STANDARD

The WPS was promulgated in 1992 under Section 25 of the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA), and a revised final WPS rule was published in the Federal Register on November 2015, resulting in significant revisions to WPS provisions and requirements. The WPS regulation is primarily intended to reduce the risks of illness or injury to workers and handlers resulting from occupational exposures to pesticides used in the production of agricultural plants on agricultural establishments. It requires agricultural employers and commercial pesticide handler employers to provide specific information and protections to workers, handlers and other persons when pesticides are used on agricultural establishments (farms, nurseries and forest operations) in the outdoor or enclosed space production of agricultural plants. It also requires handlers to wear the labeling-specified clothing and personal protective equipment when performing handler activities, and to take measures to protect workers and other persons during pesticide applications.

Under FIFRA section 12(a)(2)(G), it is unlawful for any person “to use any registered pesticide in a manner inconsistent with its labeling”. When the following WPS reference is included on a pesticide label within the label’s “Agricultural Use Requirements” section, “Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR Part 170”, users of the pesticide must comply with all of the applicable requirements of the WPS contained in the Code of Federal Regulations, Title 40, Part 170. Exceptions to the requirement to comply with Part 170 include requirements that are inconsistent with product-specific instructions on the labeling, or as provided for in 40 CFR § 170.601, § 170.603 and § 170.607. A person who fails to comply with or perform the duties required by the WPS is in violation of the label requirements and violates FIFRA section 12(a)(2)(G) and is subject to civil penalty under section 14 of FIFRA. A person who knowingly violates section 12(a)(2)(G) is subject to FIFRA section 14 criminal sanctions. FIFRA section 14(b)(4) provides that a person is liable for a penalty under FIFRA if another person employed by or acting for that person violates any provision of FIFRA.

FIFRA authorizes the U.S. Environmental Protection Agency (EPA) to grant primary pesticide enforcement responsibility to pesticide lead agencies in states, tribes, and territories (hereafter “state” is used to refer to all pesticide lead agencies) for pesticide use violations (FIFRA §26). A lead agency has responsibility to ensure compliance with the Worker Protection Standard.

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1.2 GOALS OF WPS INSPECTIONS

WPS agricultural use inspections (hereafter called WPS inspections) are a subset of the overall number of agricultural use inspections. Since the WPS does not apply to all agricultural establishments (e.g., dairy farms and livestock operations that do not harvest crops, post-harvest storage facilities, etc.), some agricultural use inspections will not entail addressing WPS requirements. However, all WPS inspections are by nature agricultural use inspections since the WPS only applies to agricultural crop uses of pesticides.

Verifying compliance with WPS requirements is a fundamental element of any pesticide inspection conducted at an establishment where WPS-labeled pesticides are used in or related to the production of agricultural plants.

The overall goals of the WPS compliance monitoring program are to:

Ensure employers provide the proper protections from pesticides to workers and handlers required under the WPS regulations, such as providing: training; notice of applications; decontamination supplies; proper personal protective equipment, etc.;

Decrease incidents of pesticide exposure among workers and handlers through increasing employer compliance with the WPS and pesticide labeling;

Ensure workers and handlers understand appropriate ways and are allowed to take steps to protect themselves from pesticides, including understanding label requirements.

Specifically, the goals of WPS inspections are to:

Select inspection targets and time inspections to maximize the number of WPS requirements that can be evaluated (i.e., during periods of production when WPS requirements are in effect – during applications, or soon after, or during the restricted entry interval);

Obtain sufficient documented information so that a determination of compliance can be made including data to support the determination of violations, so any appropriate enforcement actions can be taken;

Identify any serious problems during the inspection that require immediate corrective action;

Comply with Title VI of the Civil Rights Act and the Rehabilitation Act;

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Answer questions and/or provide information to the establishment about the WPS regulatory requirements.

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CHAPTER 2.TYPES OF WPS INSPECTIONS

2.1 FOCUSED WPS INSPECTIONS

[EPA would like comments on this provision, as well as the required elements proposed and whether to include interviews as part of the required minimum elements.]

Not all WPS inspections need to be the same. There can be a role for inspections that do not cover all applicable WPS requirements, or “focused” inspections, in addition to comprehensive inspections. Where appropriate and acceptable to the state/tribe and EPA Region, a number of focused inspections could be conducted in addition to a number of comprehensive WPS inspections. In addition to its comprehensive inspections, a state may want to conduct a number of focused inspections that evaluate specific requirements that are new, or have high levels of noncompliance. For example, by conducting abbreviated, focused inspections it may be possible for the state to visit 5 establishments in an area as opposed to spending an entire day at one establishment. The use of focused inspections is voluntary and should be used where the state or tribe and EPA Region decide their use is appropriate, to supplement a state’s or tribe’s comprehensive inspections.

Focused inspections will not be appropriate under all conditions and states may choose not to conduct any focused inspections. Focused inspections should not be used when allegations of WPS misuse are being investigated (for-cause inspections). If a facility has a history of noncompliance with WPS, it would not be a good target for a focused inspection. In addition, the inspector must remain flexible, and if it appears during the inspection that there may be significant violations/human exposure outside the scope of a planned focused inspection, the inspector should change the approach and complete a comprehensive inspection instead.

All focused inspections must monitor, at a minimum, the following WPS elements, if applicable to the establishment being inspected. [EPA is looking for comments on this proposed list of minimum elements.]

Minimum Age (§170.309) – Handlers and early entry workers must be 18 years old.

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Safety Training (§170.401, §170.501) ensure appropriate, EPA-approved content; maintain training records; conduct training annually.

Pesticide Safety Information (§ 170.311) – application information and Safety Data Sheets posted within 24 hours of application and until 30 days after end of REI for each pesticide recently applied; maintain pesticide application and hazard information for 2 years.

Medical Care Facility (§170.311) – identify if the nearby medical care facility (name, address, telephone number) is posted at the Central Display.

Posting Warning Signs (§170.409) – for outdoor applications, must post warning signs if REI is more than 48 hours; for enclosed space production, post warning signs if REI is more than 4 hours.

PPE (§170.507) – examine PPE and compare against the pesticide labels to verify its appropriateness and availability for use.

Respirator records (§170.507) – check if respirators on-site are ones required on labels; handlers must be fit tested, medically evaluated and trained before they use any respirator; respirator records must be maintained for 2 years.

• Training on Pesticide Application Equipment (§170.313) – inquire if handler has been trained on the use of all pesticide application equipment before he/she mixes, loads, transfers, or applies pesticides.

• Decontamination supplies (§170.411, §170.509) – for workers, 1 gallon of water at start of work, soap and single use towels required; for handlers, 3 gallons of water per handler at start of the work period, soap, single use towels and clean change of clothing required; at mix/load site for pesticides requiring protective eyewear, assure that eye wash system capable of delivering running water for 15 minutes or at least 6 gallons of water in containers suitable for providing a gentle eye flush is immediately available; and for applicators of pesticides requiring protective eyewear, assure that 1 pint of water is immediately available.

In addition to the minimum elements, states may add to the focused inspections more elements of WPS requirements to address common noncompliance problems, or to supplement the focused inspections with state-specific priorities. Focused inspections may be conducted at any time and are not considered Tier I or Tier II inspections.

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2.2 COMPREHENSIVE WPS INSPECTIONS

Comprehensive WPS inspections evaluate all the requirements that are applicable to a specific establishment at the time of the inspection. As a result, not all comprehensive WPS inspections will be the same. One or more WPS elements may not be applicable depending on whether the inspection is being conducted at a commercial pesticide handling establishment or an agricultural establishment and whether they employ workers and/or handlers, etc. In addition, an inspection conducted while workers and handlers are on site and before the expiration of the REI, will include more activities than an inspection conducted after the REI has expired. Inspectors should include an explanation in the inspection report describing why particular categories/elements were not addressed.

A comprehensive WPS inspection must meet the following conditions:

Pesticides with WPS labeling have been used recently on the establishment.

All the applicable WPS agricultural inspection categories/elements have been covered.

The inspector has interviewed (or attempted to interview) one or more available employed workers and handlers present on the establishment.

Inspections that fall short of any of the above criteria are not considered to be comprehensive WPS inspections, but may count as general agricultural-use inspections.

There are three major types of comprehensive inspections:

2.2.1 Routine (Non-Complaint Based) Inspections

Routine inspections are those conducted at locations selected based on a neutral inspection scheme (i.e., they are not based on receiving a complaint). During routine inspections, all applicable WPS compliance categories and their elements should be evaluated to monitor compliance with the basic components of the WPS.

During routine WPS inspections inspectors should attempt to interview at least one worker and one handler present at the time of inspection. It may not be possible to interview workers or handlers if no workers or handlers were present at the time of the inspection, employees would not consent to being interviewed, or the inspector was unable to interview workers/handlers because of language barriers. If no interviews are conducted, the inspector should provide an explanation in the inspection report as to why interviews were not conducted.

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If during a routine WPS inspection, an inspector observes a potential WPS violation or a worker or handler attempts to provide information regarding a possible violation but is unable to because of a language barrier, then the inspector should use a translator, an interpretation service or other assistive technology to conduct the interviews. The inspector is expected to interview worker/handlers or any other critical witness, regardless of limited English proficiency and/or need to provide interpretation services.

2.2.2 For-Cause (Complaint Based) Inspections

A “for-cause” inspection is conducted in response to suspected pesticide misuse from a tip or complaint to gather sufficient evidence to identify any violations and to support a civil or criminal enforcement action if appropriate. All applicable WPS inspection categories and elements apply to for-cause inspections. For-cause inspections are often more complex and take longer than routine WPS inspections. For-cause inspections require more detailed documentation of WPS compliance and noncompliance by the employer than routine inspections. In a for-cause inspection, the inspector may need to travel to several sites, and interview additional people such as: the complainant; physicians; eye witnesses; dealers; property owners; abutters and other federal, state, tribal or local agencies.

During WPS for-cause inspections, interviews of an employee complainant or critical witness should be conducted to adequately support any possible enforcement action, unless they are not present and cannot be located, or they refuse to be interviewed. If there is a language barrier, an inspector will have to overcome that barrier to conduct interviews of employee-complainants or other critical witnesses. An outside interpreter may be needed to overcome a language barrier. The interpreter should be an impartial party. Alternatively, a co-worker may serve as an interpreter for the complainant or critical witness if the complaint/witness agrees, and this is documented by the inspector. Communication barriers, including those arising from a disability, are not an acceptable reason for failure to conduct these interviews.

Inspectors should be aware of potential WPS retaliation concerns. Some employees may be reluctant to be interviewed on the establishment or during work hours if they fear retaliation, and inspectors should be aware of the potential need to offer to interview employees at another time/location if practical and the employees express such an interest (see “Employee Interviews” Section 5.6).

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If the employer refuses to consent to his/her employees being interviewed during normal work hours the inspector should arrange for an interview at another date, time and location outside of normal work hours. Only in rare circumstances may the justification for not interviewing a critical witness be based on a language barrier. For example, the inspector may be unable to interview a witness if: (1) an interpreter cannot be obtained or (2) the language at issue is spoken by only a very small percentage of the service population.7 The inspector should note that he/she attempted to communicate with the individual but was unsuccessful. If a worker speaking that language sought to file a complaint, the state/tribe has a heightened duty to seek out ways to provide interpretation services.

All attempts to contact the complainant/witness should be documented in the inspection report.

2.2.3 Re-Inspections

Re-inspections are conducted to verify that previous WPS violations have been corrected and that the establishment is in full compliance with the WPS. If re-inspections consist only of the examination of those WPS categories/elements in which the employer was non-compliant on the previous inspection, then this is considered a continuation of the initial inspection and not a new inspection. If WPS re-inspections examine all applicable categories/elements described in this guidance, including conducting interviews where possible, and the inspection is treated as a separate inspection from an earlier inspection at the same establishment or employer, then the re-inspection is considered a new WPS inspection.

States may consider several factors to determine which establishments/employers to re-inspect, such as: the number and severity of WPS violations; previous history of FIFRA non-compliance; associated alleged employee pesticide exposures; state enforcement response policy; staff workload; department resources; and the employer’s sincere interest to come into compliance.

Correspondence from the establishment/employer confirming correction of violation(s) cited earlier by the state does not count as a formal re-inspection. However, any such correspondence should become part of the inspection file for that agricultural establishment.

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2.3 INSPECTION TIMING – TIER I AND TIER II

The best time to conduct a WPS inspection is when employees are actively engaged in handling pesticides or conducting field worker activities -- from mixing and loading, through the 55 application and up to 30 days after the end of the REI. During this time, inspectors can check all WPS required protections for workers and handlers such as posted safety information and the presence of decontamination supplies, including interviewing workers and handlers. In general, the longer the time between the application and the inspection, the harder it is to find workers and handlers and for them to accurately recall details about covered activities and to gather compliance information. Inspectors are expected to attempt to interview workers and handlers during all inspections in order for the inspection to be considered complete for federal reporting.

In recognition of the value of conducting inspections during the REI or within 30 days after the end of the REI, EPA defines two types of WPS agricultural inspections based on when the inspection is conducted - WPS Tier I and Tier II Compliance Monitoring Inspections.

In some areas, the timing of agricultural activities associated with certain crops is fairly predictable, while in other areas the crops grown and the pesticide activities may be more varied. As a result, the ability of a state or tribe to identify where Tier I inspections can be conducted at a specific time, also varies. In many cases, when the inspector arrives at an establishment, the inspector does not know if or when a WPS-labeled product was used. In other areas of the country, the application of most WPS-labeled products is known to be within a very short window, however, it can be extremely difficult for an inspector to conduct a large number of inspections within that small window. While EPA emphasizes conducting as many Tier I inspections as possible, EPA recognizes that a state’s or tribe’s ability to conduct Tier I inspections can be limited for a number of reasons. For both Tier I and Tier II, inspectors are expected to include supporting data to document their observations (e.g., narratives, photos, statements, copies of labels).

2.3.1 WPS Tier I

A WPS Tier I compliance monitoring inspection is one that:

(a) Is conducted during the time frame which starts when pesticides are used and ends within 30 days after the expiration of the REI for the last pesticide used that contains the WPS reference statement;

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(b) Covers all applicable WPS inspection categories and elements including records reviews (safety training records, application records and safety data sheets, respirator medical evaluation and fit testing), trainer qualifications (certified applicator or train the trainer program) and materials (EPA approved), central posting display, PPE (labeled PPE available, condition); and

(c) Includes interviews, as applicable, with workers and handlers present at the establishment, OR provides adequate written explanation of why no workers and handlers were interviewed.

2.3.2 WPS Tier II

A WPS Tier II compliance monitoring inspection is one that:

(a) Is conducted after 30 days after expiration of the REI of the last pesticide used that contains the WPS statement on the label.

(b) Covers all applicable WPS inspection categories and elements including records reviews (safety training records, application records and safety data sheets, respirator medical evaluation and fit testing), trainer qualifications (certified applicator or train the trainer program) and materials (EPA approved), central posting display, PPE (labeled PPE available, condition); and

(c) Includes interviews, as applicable, with workers and handlers present at the establishment, OR provides adequate written explanation for why no workers and handlers were interviewed;

(d) EPA recommends that Tier II compliance monitoring inspections be conducted within the current growing season or in the next growing season not exceeding six months from the last date of application.

The new recordkeeping provisions for safety training, pesticide application and hazard information and those related to respirator requirements should be included in Tier II inspections since it is possible to monitor compliance with those additional WPS provisions after the 30 day window.

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CHAPTER 3.TYPES OF REGULATED ESTABLISHMENTS

The WPS requirements apply to agricultural establishments involved in crop production and commercial pesticide handling establishments and individual handlers that provide crop advising services to, or apply pesticides on, agricultural establishments involved in crop production.

The WPS definitions for types of regulated establishments are provided below.

3.1 AGRICULTURAL ESTABLISHMENTS

An agricultural establishment is defined in 40 CFR §170.305 as “any farm, forest operation, or nursery engaged in the outdoor or enclosed space production of agricultural plants. An establishment that is not primarily agricultural is an agricultural establishment if it produces agricultural plants for transplant or use (in part or their entirety) in another location instead of purchasing the agricultural plants.”

The WPS requirements apply to agricultural establishments that:

Use a WPS-labeled pesticide product – WPS requirements are incorporated onto pesticide labeling of agricultural use products by a WPS reference statement contained in the “Agricultural Use Requirements” box;

Are directly related to the production – grown, maintained or otherwise produced for commercial purposes, or for use in part or entirety in another location;

Of an “agricultural plant” – An agricultural plant includes, but is not limited to, grains, fruits and vegetables, wood fiber or timber products; flowering and foliage plants and trees; seedlings and transplants and turf grass produced for sod;

Employ workers or handlers -- Under WPS “employing workers or handlers is defined as obtaining the services of a person in exchange for a salary or wages, including piece-rate wages either directly or through a labor contractor (see §170.305). Non-monetary forms of compensation, such as class credit for students is not considered “employment”. However, a situation where a worker is given some of the product being produced (e.g., a pound of spinach for every 4 hours worked) which is later purchased by the employer for cash is considered employment and is an example of piece-rate wages.

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3.2 OWNERS OF AGRICULTURAL ESTABLISHMENTS AND THEIR IMMEDIATE FAMILY

Farm owners who use WPS-labeled products directly related to the production of an agricultural plant, on establishments that are majority-owned by immediate family members and who do not employ workers or handlers are covered by a subset of WPS requirements that apply to owners of agricultural establishments and their immediate family (§ 170.305).

When conducting inspections at these types of agricultural establishments, inspectors should identify if the establishment employs any workers or handlers that are not immediate family members. The owners of agricultural establishments must provide all of the applicable protections required by this part for any employees or other persons on the establishment that are not members of their immediate family. Inspectors should be aware of the following: 1) there is no exemption for “family farms”; 2) the “agricultural establishment” itself is NOT exempt from the WPS; 3) this exemption only covers the owner and immediate family members; (4) the exemption applies to establishments that are majority-owned by immediate family members (rather than wholly-owned by immediate family members as prior to the 2015 revisions).

The definition of “immediate family” (§170.305) is limited to: spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and first cousins.

Owners and immediate family must still comply with all labeling requirements and the following parts of the WPS:

When respirators are required on the pesticide labeling, must follow WPS requirements for training, medical evaluation, fit testing, and recordkeeping.

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2015 Change to Exemption for Owners of Agricultural

Establishments and their Immediate Family

Prior to the 2015 revisions to the WPS regulations, farm owners who use WPS-labeled products directly related to the production of an agricultural plant, on establishments that are – wholly owned by immediate family members were covered by a subset of WPS requirements. The 2015 regulation revisions establishments that are majority-owned by immediate family members are covered by a subset of WPS requirements.

Must use the PPE and other work attire listed on pesticide labeling (and are eligible for the allowable exceptions to PPE, such as using a closed system).

Must keep immediate family members out of the treated area until the restricted-entry interval (REI) expires.

Must ensure pesticide is applied so it does not contact anyone, including members of the immediate family (requirement on label and in WPS).

Everyone, including members of the immediate family, must be kept away from the treated area during the application and the application exclusion zone.

Any pesticide applied must be used in a manner consistent with the product’s labeling.

Inspectors should routinely ask if the agricultural establishment being inspected employs any family members. If so, the inspector should ask how many are employed and what relation they are to the owner. In this way, the inspector should be able to identify if the exemption that applies to owners of agricultural establishments and their immediate family applies to all workers and handlers or a subset.

3.3 COMMERCIAL PESTICIDE HANDLING ESTABLISHMENT

Commercial pesticide handling establishment is defined in §170.305 as any enterprise, other than an agricultural establishment, that provides pesticide handler or crop advising services to agricultural establishments. When inspecting a commercial pesticide handling establishment, it is important for the inspector to determine the pesticide handler employer’s compliance with all relevant WPS requirements and to determine the individual handler’s compliance with his or her unique WPS responsibilities as a handler (e.g., suspending applications if there is a person or persons in the application exclusion zone).

Inspections at a commercial handler establishment may or may not also include an inspection at its associated agricultural establishment (customer/client). If only the commercial handler establishment is visited, the inspection is considered one WPS inspection when the inspector:

Covers all applicable WPS requirements in this guidance.

Attempts to interview at least one handler.

Treats the inspection as a distinct inspection file.

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Separate inspections at both a commercial applicator establishment and its associated agricultural establishment (customer/client) may be considered two WPS inspections when:

Inspections at each location cover all applicable WPS requirements.

The inspector interviews workers/handlers at each establishment, or provides adequate justification to explain why interviews were not conducted.

The inspections at each location are treated as distinct and separate inspection files.

If the commercial applicator establishment also commercially produces or maintains agricultural plants, then a single site inspection may be considered two WPS inspections if:

The inspection of the employer’s own agricultural production and their relationship with other agricultural establishments as a commercial applicator, are treated as distinct and separate inspection files.

All applicable WPS requirements are covered.

Workers and handlers are interviewed as appropriate (at least one worker and handler for their own agricultural production component, and at least one handler interview for the commercial applicator component).

3.4 FARM LABOR CONTRACTORS (FLC)

A farm labor contractor is a person, other than a commercial pesticide handler, who employs workers or handlers to perform tasks on an agricultural establishment for an agricultural employer or a commercial pesticide handler employer.

The agricultural employer is ultimately responsible for WPS protections for workers and handlers whether they work for the agricultural employer directly, or are hired through a farm labor contractor. The agricultural employer may include in contracts with farm labor contractors, a requirement to comply with some aspects of WPS, for example, to conduct pesticide safety training, however, the agricultural employer is ultimately still responsible for ensuring that training is conducted and is required under WPS to maintain, on-site, the training records for FLC workers and handlers on the establishment, just as they are for workers and handlers who are hired directly.

In situations where the agricultural employer has contracted with the farm labor contractor to comply with WPS protections, and those protections were not provided, the inspector should interview and obtain statements from both the agricultural employer and the farm labor contractor. In those cases, it may be possible to bring an enforcement action against both the agricultural employer and the farm labor contractor for failing to provide the WPS protections.

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The inspection of a farm labor contractor should be done in conjunction with a corresponding agricultural establishment inspection. For example, an inspection of an FLC might not include the safety display and hazard communication posting; that information could be verified at the agricultural establishment inspection. If the inspections at each location are treated as distinct, and separate case files are generated, and the inspections cover all applicable WPS requirements at each location, including conducting interviews of workers hired by the farm labor contractor, these can be considered two WPS inspections.

An inspection of a farm labor contractor crew without an associated inspection of the agricultural establishment or employer who hires the contractor may be considered a WPS inspection when:

The inspection includes all applicable WPS requirements.

The inspection includes interviewing workers and handlers (if appropriate).

The state has the regulatory authority to perform these inspections and take enforcement action for violation of the WPS regulations (some states may only have authority to enforce for misuse violations).

When inspecting a farm labor contractor, the inspector should:

Ask the FLC if they are registered under Department of Labor requirements. (While this is not a WPS requirement, it may give the inspector information about the FLC’s level of motivation to meet federal requirements. The Department of Labor maintains both a list of licensed FLCs and a list of individuals who may not act as an FLC. See box for more information.

Ask the farm labor contractor if any WPS responsibilities were required under their contract with the agricultural establishment.

Ask the FLC to explain which WPS responsibilities were assigned to the FLC and if they were conducted. See section 5.5 on Employer/Supervisor interviews. The inspector should verify this information with workers and handlers as appropriate.

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Note on Farm Labor Contractors

The Federal Migrant and Seasonal Agricultural Worker Protection Act (MSPA) requires a contractor to obtain federal certification prior to performing any farm labor contracting activities. For more information and to find a list of licensed contractors, see https://www.dol.gov/whd/regs/statutes/FLClist.htm

The Department of Labor also maintains a list of individuals who MAY NOT engage in any activity as a Farm Labor Contractor (FLC) or as a Farm Labor Contractor Employee (FLCE) as defined by the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).

https://www.dol.gov/whd/regs/statutes/mspa_debar.htm

https://www.dol.gov/whd/regs/statutes/FLClist.htm

https://www.dol.gov/whd/regs/statutes/FLClist.htm

Interview workers and handlers to determine if all required WPS safety provisions (e.g., training, PPE, etc.) were provided. See sections 5.6 and 5.7 on interviewing workers and handlers.

CHAPTER 4. PRE-INSPECTION PLANNING

To effectively plan a WPS inspection, inspectors should be familiar with the crops grown in their area, the activities conducted during the growing season for each crop, and the typical times those activities are conducted. It is helpful for the inspector to become familiar with the most common pesticide products in use in the area, which products contain WPS language on the pesticide labeling, which products have restricted-entry intervals longer than 48 hours (requiring notification by posting) and any personal protection requirements such as specifying what type of respirator must be used. By understanding these agricultural practices, it will be possible for inspectors to plan inspections when key WPS provisions and requirements are applicable, and when employees will be present. For example, a typical orchard may apply insecticides in April, and June, with most hand work conducted during June and July. Based on that information, an inspector may try to schedule inspections during June, when both pesticide applicators and workers will be present. Similarly, if all establishments in an area conduct soil fumigation in a specific window of time before planting crops, the inspector should try to conduct inspections during the times of fumigation activity.

To the extent possible, WPS inspections should be performed at establishments that are most likely to employ workers and handlers and have pesticide usage. WPS inspections should also be conducted during the appropriate periods of the agricultural production season when key WPS provisions and requirements are applicable. This means targeting and conducting WPS inspections primarily: (1) during and after pesticide applications; (2) during periods when REIs are applicable; or (3) within 30 days after an REI has expired. WPS inspections conducted after 30 days of the expiration of the REI are still counted as WPS inspections (Tier II) as long as all applicable WPS recordkeeping provisions are addressed.

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4.1 DOCUMENT REVIEW

While planning the inspection, the inspector should locate and become familiar with any relevant documents pertaining to the facility such as previous inspection reports and enforcement actions. This review may provide a historical perspective leading to potential compliance trends that can be investigated during the inspection.

4.2 BIOSECURITY, FOOD SECURITY AND PERSONAL SAFETY

For any establishments that maintain livestock or poultry in addition to crop production, the WPS inspector should understand biosecurity procedures5 that should be followed. The EPA Biosecurity procedures minimize the risk of an inspector transmitting animal diseases from livestock or poultry facilities, to livestock or poultry at another location. Consult EPA’s Biosecurity Standard Operating Procedures for the guidelines to be followed.

Inspectors should also be aware that some agricultural establishments may restrict access to certain fields for plant biosecurity or food security purposes (e.g., for accreditation under Good Agricultural Practices programs).

During all WPS inspections, like other FIFRA inspections, the inspector should follow the health and safety requirements and recommendations contained in Chapter 2 of the FIFRA Inspection Manual.

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4.3 GAINING ENTRY

WPS inspectors must present identification, credentials and issue a Notice of Inspection (NOI) before proceeding to conduct an inspection. EPA prefers that all routine inspections be unannounced, but acknowledges that some states are required to provide advance notification of inspections, and announced inspections may be needed to ensure that the establishment is in operation at the time of the visit. For more information see Chapter 5 of the FIFRA Inspection Manual.

CHAPTER 5.CONDUCTING THE INSPECTION

In the interest of national consistency, EPA, in cooperation with the states and tribes, developed the following procedures and inspection elements to assess compliance under the WPS. These inspection elements are to be incorporated into state inspection tools, SOPs and training programs as appropriate. With the release of this revised Guidance based on the revised WPS, there is an expectation that all states will re-examine their existing WPS inspection forms and checklists in comparison to this guidance to ensure that all procedures are appropriate and that all listed categories and elements are included.

As stated above, direct observation of employees engaged in handling pesticides or field worker activity is the preferred method of determining compliance, although it is not always possible. In addition, inspectors are expected to attempt to interview workers and handlers in all inspections in order for the inspection to be considered complete for federal reporting. See Section VI, for how to address language and communication barriers during interviews.

Serious problems that may immediately threaten the health of workers or handlers should be brought to the attention of the owner or applicator so that immediate corrective action can be taken. The inspector should note in the inspection report what was discussed and any voluntary corrective action. In this situation, inspectors should note in their report what was discussed and all detected violations, even those immediately corrected, as an enforcement action may still be taken. The inspector should not discuss potential enforcement actions that the state, tribe, or EPA may take to address the issue.

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5.1 OPENING CONFERENCE

It is very important during initial discussions to set the tone of the inspection and establish that the inspector is there to collect the facts and not to make an enforcement determination. If the inspector plans to conduct a focused inspection, the inspector should explain to the owner/operator which areas will be covered and which will not be evaluated. In the opening conference, the inspector needs to identify the owner, operator and/or agent in charge and identify their responsibilities. In some establishments, the owner may be certified and apply the pesticide products himself, while in other cases the owner may employ a commercial handler. The owner may hire workers and handlers directly, or may hire a farm labor contractor to provide workers and handlers. The owner may hire family members as workers and handlers. The inspector should identify if the establishment is at least majority-owned by immediate family members and whether all workers and handlers are immediate family members or only some workers and handlers. See section 3.2 for more information on the definition of immediate family and what WPS requirements apply to them. If the agricultural employer has workers, it is important to establish if the employer pays them (as opposed to barter, or other non-monetary compensation). It is crucial to understand everyone’s roles at each establishment as they will determine each person’s responsibilities under WPS.

Basic site-specific information should also be obtained during the opening conference. It may be helpful for the inspector to bring an aerial map of the area so the owner/operator can locate important information such as information display locations, decontamination sites, mixing locations and the furthest fields. More information on pesticide use inspection procedures is provided in Chapter 8 of the FIFRA Inspection Manual.

5.2 DOCUMENTATION

Documentation of the inspection is critical to ensure that compliance with each requirement is possible and enforcement actions can be supported, if appropriate. Basic information about the inspection and the establishment should be collected along with documentation of suspected violations. Checklists are useful tools to make sure an inspector examines all applicable requirements, however, a checklist may not be sufficient to later identify violations or to support an enforcement action. If violations are suspected at an establishment, the inspector should identify and document the “scene”, for example, incomplete safety information, may be documented by a photograph, absent SDSs can be documented by an inventory of pesticides held on the establishment versus the SDSs available. In addition, if the inspection is in response to a complaint over alleged violations, it will be important to document all the information relevant to what is alleged and is prudent to document both compliance and any suspected

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violations. Preferably, the inspector should document both compliance and noncompliance at the establishment; at a minimum, certain information should always be documented. The following is information that is typically documented.

[EPA is seeking comments on this section -- what information should be the minimum elements to be documented?]

Basic Inspection and Ag Establishment information: Date, name of inspector, type of inspection (unannounced/announced, neutral or for-

cause). Type of agricultural establishment. Owner and manager of the establishment (name, address, and telephone). The crops grown for commercial or research purposes. Who applies pesticides (self-apply, employee, or for-hire). Who has control over or directs pesticide applications. If the establishment employs certified/licensed applicators; record credential

information.

Employees: Estimate the number of workers and handlers present (1) during the inspection; (2)

within the last 30 days; and (3) when a WPS-labeled pesticide was last applied.

Pesticides Applied: List product names and EPA Registration Numbers. State whether the pesticide(s) label includes WPS reference statement. Record last date(s) of application(s).

Documentary samples: Obtain and record as appropriate to document noncompliance in accordance with state

protocols and SOPs. Note: Documentation of both compliance and any noncompliance may be necessary where a complainant has alleged noncompliance.

Physical samples: Obtain and record as appropriate to document noncompliance in accordance with

state protocols and SOPs.

Photos and narrative:• Photos and narrative can complement information collected in a checklist or a

statement. Photos of safety training materials, central posting, PPE, and labels are

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useful. The inspector should follow appropriate document guidelines with state protocols and SOPs.

5.3 EMPLOYER/SUPERVISOR INTERVIEWS

The term “agricultural employer”, as defined by §170.305, may include owners and managers of agricultural establishments, and employers of agricultural workers and handlers. Workers and handlers may be hired directly by the agricultural employer, or through a farm labor contractor. The agricultural employers are responsible for complying with all WPS regulations in §170.

While the agricultural employer is ultimately responsible for WPS protections for workers and handlers they may contract with a farm labor contractor to provide some WPS protections such as providing training. Even if the agricultural employer requires these services to be provided by the farm labor contractor, the agricultural employer is ultimately still responsible for ensuring compliance with the WPS. The agricultural employer is also required under WPS to maintain, on-site, the training records for FLC workers and handlers on the establishment, just as they are for workers and handlers who are hired directly.

In situations where the agricultural employer has contracted with the farm labor contractor to comply with WPS protections, the inspector should interview and obtain statements from both the agricultural employer and the farm labor contractor. For more information on farm labor contractors see section 3.4.Interviews are an essential part of a WPS inspection along with a

review of pesticides for specific WPS labeling requirements (e.g., PPE, double notification, REI), and evaluation of all applicable inspection categories and their elements to determine compliance with the provisions of the WPS.

Below are general agricultural employer responsibilities established under §170.309 of the WPS.

The description includes specific requirements and questions that the inspector may ask the employer or supervisor.

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Requirements that Apply to Agricultural Employers of Workers, Agricultural Employers of Handlers, and Commercial Pesticide Handler Employers

During the opening conference with the agricultural employer, the inspector should ask about the ownership of the establishment. The inspector should identify if the establishment is at least majority-owned by immediate family members and if all or only some workers and handlers are immediate family members. See 3.2 for information on which WPS requirements apply to immediate family members.

5.3.1 General Employer Responsibilities (§170.309)

The applicable regulations are:

Handler and Early Entry Worker Minimum Age Requirement (§170.309)(c) -- Agricultural employers must ensure that any handler and any early entry worker is at least 18 years old.

The inspector should:

Ask the employer if any employed handlers and early entry workers are under 18 years old, or if the employer has or had any handlers or early entry workers who were under 18 (after January 2, 2017). If the employer indicates workers or handlers are or were less than 18, the inspector should document this information.

Ask how the employer verifies age. Note: All employers must maintain the I-9 Employment Eligibility Verification form required under the 1986 Immigration Reform and Control Act for all employees hired on or after Nov. 6, 1986, who are working in the United States. The Form I-9 includes the birthdate of each worker and how the birthdate was verified by the employer (e.g., driver's license, birth certificate, etc.). For more information on the Form I-9, see https://www.uscis.gov/i-9-central

Note in the inspection report if the employer is not able to explain how he or she verified the handler’s or early entry worker’s age.

Supervisor Tasks and Directions to Workers or Handlers (§170.309(d) and (e)) -- Agricultural employers must provide to each person, including labor contractors, who supervises any workers or handlers information and directions sufficient to ensure that each worker or handler receives the protections required by this part. Such information and directions must specify the tasks for which the supervisor is responsible in order to comply with the provisions of this part; and require each person, including labor contractors, who supervises any worker or handler to provide sufficient information and directions to each worker and handler to ensure that they can comply with the provisions of this part.

The inspector should ask the agricultural employer:

How do you relay information, assign tasks, and provide directions to the supervisors or labor contractors to ensure that the WPS protections are provided to their employees?

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https://www.uscis.gov/i-9-central

How is the label information provided?

The inspector should ask the commercial handler employer:

How do you relay information, assign tasks, and provide directions to the handler supervisor to ensure that the WPS protections are provided to handlers?

Proper Pesticide Use (§170.309)(a) -- Agricultural employers must: Ensure that any pesticide is used in a manner consistent with the pesticide product labeling, including the requirements of this part, when applied on the agricultural establishment.


Verify how the commercial handler employer assures that his/her handlers use pesticides consistent with the pesticide labeling.

Pesticide Equipment Inspection and Repair (§§170.309(g) and 170.313(l) -- Agricultural and commercial handler employers must: Ensure that workers or other persons employed by the agricultural establishment do not clean, repair, or adjust pesticide application equipment, unless trained as a handler under §170.501. Before allowing any person not directly employed by the agricultural establishment to clean, repair, or adjust equipment that has been used to mix, load, transfer, or apply pesticides, the agricultural employer must provide all of the following information to such person: that the equipment may be contaminated; of the potential harmful effects of pesticide exposure; of procedures for handling the application equipment for limiting exposure; and about personal hygiene practices and decontamination procedures.


Ask who daily inspects and repairs the equipment for mixing, loading, transferring, or applying pesticides. (§170.309(j))

Ask if employees are trained under the WPS as handlers before they clean, repair, or adjust pesticide equipment. The inspector may check training records to verify.

Verify with the agricultural or commercial handler employer that any person who cleans, repairs, or adjusts pesticide equipment is informed:

o That the equipment may be contaminated.o Of the potential harmful effects of pesticide exposure.o Of procedures for handling the application equipment for limiting exposure.o About personal hygiene practices and decontamination procedures.

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5.3.2 Pesticide Safety Training


Pesticide Safety Training (§§170.401 and 170.501) -- Before any worker performs any task in a treated area on an agricultural establishment where within the last 30 days a pesticide product has been used or a restricted-entry interval for such pesticide has been in effect, the agricultural employer must ensure that each worker has been trained in accordance with this section within the last 12 months.

Before any handler performs any handler activity involving a pesticide product, the handler employer must ensure that the handler has been trained in accordance with this section within the last 12 months.

An inspector should:

Ask the employer when workers receive pesticide safety training. Workers must receive training before they enter treated areas within 30 days of the end of a REI, (except for certified applicators, trained handlers, or licensed crop advisors).

Ask the employer when handlers receive pesticide safety training. Handlers must receive training before doing any handler task, except for certified applicators, or licensed crop advisors.

Ask where the training was conducted. Must be free of distractions. Identify who trains workers and handlers and determine if they are qualified. Training

must be conducted by certified applicator, person who completed EPA-approved WPS train-the-trainer program, or designated as trainer by EPA/State.

Examine the training materials used (e.g. video, handbooks, flipcharts, interactive, etc.) and verify that it is EPA-approved. Training materials must include the new content for training after January 2, 2018.

Examine materials that are not EPA-approved materials to ensure, the required 23 and 14 points are addressed. (§170.502(c)(2))

Verify when and how often training is held. Must be at least within the last 12 months.The inspector should examine the written records of training that should include:

Worker/Handler name & signature Date of the training List of EPA-approved materials used Trainer name & qualifications (see above) Ag employer name Maintained for 2 years

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The inspector should also: Ask what the employer does if a worker requests training records. Training records must

be provided to an employee on request by the employee or an employee representative. Information must be received by the worker or worker’s representative within 15 days of the request. (See section 5.7. 5 Display of Pesticide Safety, Application and Hazard Information, page 64 for information on designated representatives.)

Verify that heat-related stress was discussed in the training for handlers. Verify that the need for and the appropriate use, cleaning, maintenance and storage of

PPE was demonstrated to handlers. Ensure that handlers are instructed to suspend applications if any person is in the AEZ. Ensure handlers do not apply pesticides in a manner that results in contact with workers

or other persons.

5.3.3 Decontamination and Eye Flush Supplies


Worker Decontamination (§170.411) — An agricultural employer must provide decontamination supplies for routine washing and emergency decontamination for workers.


Ask the employer where decontamination supplies are located. The decontamination supplies must be reasonably accessible (within ¼ mile or at the nearest vehicular access) and located together and outside of any treated area or area under an REI.

Verify that the water is of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed. If a water source is used for mixing pesticides, it must not be used for decontamination, unless equipped with properly functioning valves or other mechanisms that prevent contamination of the water with pesticides, such as anti-backflow siphons, one-way or check valves, or an air gap sufficient to prevent contamination.

Verify the content of the decontamination supplies:o Water (1 gallon per worker) at the start of the work period. The inspector should

ask the employer if and when the water supply is replenished during the work period.

o Soap (no hand sanitizing gels/liquids, no wet towelettes).34

o Single-use dry towels.

Verify the timing for the decontamination supplies:

o If pesticides have REI less than or equal to 4 hours, must provide supplies for at least 7 days after the end of the REI.

o If pesticides have REI greater than 4 hours, must provide supplies for 30 days after the end of the REI.

Handler Decontamination (§170.509) — A handler employer shall provide decontamination and eye flushing supplies during any handling activity for removing pesticides and pesticide residues.


Ask where routine decontamination supplies are located, which is the same as for workers above, plus:o Decontamination supplies must be provided at all mixing sites.o Decontamination supplies must be outside treated areas or areas under an

REI unless supplies are contained within a pesticide protected closed container.

o For pilots, the decontamination supplies must be in the aircraft or at the aircraft loading site.

Verify the contents of routine decontamination supplies:o Water (3 or more gallons per handler) at start of the work period.

Inspectors should ask if and when water supplies are replenished during the work period.

o Soap (no hand sanitizing gels/liquids, no wet towelettes).o Single-use dry towels.o Clean change of clothing, such as coveralls.

• Inspect the eye-flushing provisions:o At mix/load site for pesticides requiring protective eyewear or with closed

system operating under pressure, at least one eye-flush system must be immediately available. The eye-flush system must be capable of delivering gently running water at a rate of at least 0.4 gallons per minute for 15 minutes or be 6 or more gallons of water in containers suitable for providing a gentle eye-flush for about 15 minutes.

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o Note if there is more than one handler, only one eye-flush station is required per mix/load site.

• Inspectors should test eye-flush systems to ensure water actually flows at a reasonable flow and appears to be of sufficient quality (odorless, colorless, appropriate temperature.)

• If the flow is questionable, the inspector may want to measure the water flow for 30 seconds to see if at least .2 gallons are dispensed.

• Inspectors should ensure the eye-flush system is manageable for one person to operate (e.g., holding a six gallon container above your head or having to empty six 1 gallon containers, would not be a feasible system). o For applicators using pesticides requiring protective eyewear, 1 pint of

water must be immediately available.• Inspectors should ask how the employer ensures at least one pint of water is

immediately available to handlers (i.e., within a few seconds/within a few steps).

5.3.4 Emergency Assistance


Emergency Assistance (§§170.309(f) and 170.313(k)) -- If workers or handlers are exposed to pesticides, commercial worker and handler employers must provide:

Transportation of the worker or handler to a medical care facility. Exposure information, including the product name, EPA registration number, active

ingredient(s), SDS, the pesticide use, and circumstances of the exposure to medical personnel.


Ask the commercial pesticide worker or handler employer the procedures for responding to pesticide-related illnesses or exposures.

Identify who would provide pesticide information to the medical personnel. Ask who would provide transportation of the employee to an emergency facility. Inquire if any workers or handlers have been exposed to a pesticide recently. If so, ask

how the employer responded.

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5.3.5 Employee Refusal

Although the WPS identifies the agricultural employer as responsible for ensuring that: (1) PPE is worn during pesticide use; (2) workers do not enter a treated area before the expiration of the label-required REI; and (3) pesticide safety training is provided, workers may refuse to comply with these requirements.

Inspectors are encouraged to identify these situations and record the details of such incidents. This may include, but is not limited to:

Identifying problems with handlers refusing to comply with the WPS, despite having received training, PPE, and other notifications. Examples may include: not wearing PPE, taking PPE home, not following label directions, improperly using application equipment, or entering posted fields.

Identifying problems with workers refusing to comply with the WPS, despite having received training and other notifications. Examples may include entering treated fields or violating other restrictions.

Identify employer’s actions/responses to the employee refusals and whether the employer made it clear that an employee’s refusal to comply would have repercussions. The inspector should document any good faith efforts the employer makes to comply e.g., holding additional training sessions for handlers/workers who did not attend previously.

5.3.6 Display of Pesticide Safety, Application, Hazard and Establishment Specific Information


Establishment-Specific Information (§§170.403 and 170.503) – Before any worker or handler performs any activity in a treated area or an agricultural establishment where in the last 30 days a pesticide product has been used, or an REI has been in effect, the employer must ensure workers and handlers are informed in a manner the workers and handlers can understand: location of pesticide safety information; location of pesticide application and hazard information; and the location of decontamination supplies.

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Requirements that Only Apply to Agricultural Employers of Workers and Agricultural Employers of Handlers


Ask the employer when they inform workers and handlers about the location of pesticide safety information, pesticide application and hazard information, and the location of decontamination supplies.

Pesticide Safety Information (§170.311(a)) —When workers and handlers are on-site at an agricultural establishment and within 30 days of the end of an REI, the agricultural employer shall display, in accordance with this section, pesticide safety information.


Ask the agricultural employer when and where pesticide safety information is provided and how employees have access to the information.

Verify if there is either an EPA-developed poster or pesticide information that includes the correct content. After January 2, 2018, the content must include all 10 points at (§170.311(a)(3)).

Determine if the information includes required medical facility information (not acceptable to only post 911) :o Name of medical facilityo Addresso Telephone numbero Note, information must be updated within 24 hours of receiving notice of a change

to the information.

Determine if the following required information on the State pesticide regulatory agency is included (after January 2, 2018):o Name pesticide regulatory agency/office.o Address.o Telephone number.

Ask where the information is located. It must be located:o Where employees pass or congregate and where it can be readily seen and read.o Where decontamination supplies are located at permanent sites.o Where decontamination supplies are being provided at locations and in quantities

to meet the requirements for 11 or more workers or handlers.

Ask if the information is understandable, accessible and legible:o Must allow free access to the information at all times during work hours.o Must be legible at all times.

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o Must be conveyed in a manner that workers and handlers can understand.

Pesticide Application and Hazard Information (§ 170.311(b)) — An agricultural employer shall display the required pesticide application and hazard information about pesticides applied on the establishment until workers or handlers are no longer on the establishment or until at least 30 days after the end of the last applicable REI. In addition, an agricultural employer must retain the pesticide application and hazard information required to be displayed in records on the establishment for two years after the end of the last applicable REI.


Verify that the content of application information provided includes:o A copy of the OSHA Safety Data Sheet (SDS) for each pesticide applied within the

last 30 days or that had an REI in effect in the last 30 days.o Name, EPA registration number, active ingredient and REI of each product.o Crop or site treated.o Location/description of the treated area(s).o Date(s) and times application started and ended.

Check that application display can be readily seen and read and is located where workers and handlers are likely to pass by or congregate.

Assure that it is accessible at all times during normal work hours and legible.

Ask when the application information is posted. It must be posted within 24 hours after the application and before any workers enter the treated area.

Ask when the display is removed. The display needs to remain posted for 30 days after the end of the REI (or as long as employees remain on the establishment, whichever is earlier).

Examine the application information details and SDSs to ensure retention for 2 years. (A total of 2 years of records will not be required until 2019, i.e., 2 years after the requirement to keep records is effective.)

Ask if the information has been requested by employees or their designated representative, and how quickly the employer provided the information. (Must receive a copy or allow access within 15 days of a request. Request may be either oral or in writing; must be in writing from a designated representative

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Repeated Information Requests

Whenever a record has been previously provided without cost, the agricultural employer may charge a reasonable cost for additional copies. (§170.311(b)(7)(ii))

and meet requirements in §170.311(b)(9). See section 5.7.5, p. 64 for more information.)

Ask if there have been emergencies, was application information provided to treating medical personnel promptly?

5.3.7 Restrictions for Agricultural Employers during Applications


Restrictions during Outdoor Pesticide Applications (Application Exclusion Zone (AEZ)) (§170.405(a)) – An agricultural employer must not allow or direct any worker or other person to enter or remain in the AEZ within the boundary of the establishment.

AEZ is 100 feet from the dispersion points of the application equipment in all directions if applied aerially, as air blast, as a spray of very fine or fine spray quality (ASABE S-572.1) or as a fumigant, smoke, mist, or fog.

AEZ is 25 feet from the dispersion points of the application equipment in all directions if applied from a height greater than 12 inches and spray quality of medium or larger (ASABE S-572.1). .

See Appendix X for information on types of air blast sprayers and illustrations of types of application equipment. (Note EPA intends to develop interpretive policy to clarify how the AEZ applies to types of air blast sprayers.)


Ask the employer what types of equipment are used for pesticide applications. See Appendix X for information on types of air blast sprayers and illustrations of other types of application equipment. (Note EPA intends to develop interpretive policy to clarify how the AEZ applies to types of air blast sprayers.)

Ask the employer how he determines size of the AEZ for each application (whether the AEZ is 25 feet or 100 feet from the application equipment).

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Note on Nozzle Colors

The color of spray nozzles do not necessarily correspond to ASABE spray quality charts where red–very fine, orange-fine, yellow-medium, blue-coarse, green-very coarse, white-extremely coarse.

Ask the employer how the spray quality of the application is determined, if needed. For example,

o What nozzle was used for the application? What pressure was used? Is a nozzle size and pressure required on the label? Was that nozzle and pressure used for the application? (Note nozzle colors do not necessarily correspond to ASABE spray quality charts where red–very fine, orange-fine, yellow-medium, blue-coarse, green-very coarse, and white-extremely coarse.)

Ask the employer how he or she estimates the size of the AEZ. How large is 100’ or 25’?

Ask how the agricultural employer keeps workers or other people out of the AEZ within the establishment.

Ask the employer if there are any easements on the establishment and if the easements are ever inside the AEZ. Ask how those situations are handled and what actions the employer takes to ensure persons on the easement are not contacted directly or by spray drift. (Note EPA intends to develop an interpretive policy statement on how the AEZ applies to easements.)

Restrictions During Enclosed Space Pesticide Applications (§170.405(b)) – During any enclosed space application, an agricultural employer must not allow any worker or other person to enter or remain in the area specified in column B of §170.405(b)(4) until the time specified in column C has expired. See Appendix X for Table on Entry Restrictions During Enclosed Space Production Pesticide Applications.


Ask how the agricultural employer keeps workers and other people out of the enclosed space during pesticide applications.

Ask how the agricultural employer determines when the ventilation criteria have been met (i.e., is inhalation exposure level determined, are air exchanges measured, or are mechanical or passive ventilation systems used).

5.3.8 Treated Areas Information from the Agricultural Employer to the Commercial Handler Employer


Treated Areas Information from Agricultural Employer to the Commercial Handler Employer (§170.309(k)) -- The client agricultural employer must provide information to the commercial

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handler about areas (location and description) on the establishment that have been previously treated, the REI in effect, and any label restrictions for any areas that the handler may be in or may be within ¼ mile of where the commercial handler will be.


Ask how the agricultural employer provides information on treated areas to the handler employer and who provides the information.

Ask the agricultural employer what information is provided (location and description of treated fields, any REIs and label restrictions for any areas the handler may be in or within ¼ mile of).

5.3.9 Notice of Application

The applicable regulation is:

Notification to Workers of Pesticide Applications (§170.409 ) — Agricultural employers must notify workers of all entry restrictions in accordance with this section.


Examine the pesticide label for the required type of notification and if the inspection is conducted during an application, verify that the appropriate notification has been performed (§170.409(a)).

Ask who notifies workers and handlers of applications. Ask when the employer gives oral notification and when posted notification is used for

outdoor applications. Verify outdoor applications posting interval requirements. (Exception: No notification is needed if from the application start to the expiration of the REI, no worker will enter or travel within ¼ mile of the treated area.)o Verify if product requires double notification, then employer must post and orally

notify workers.o Verify if product REI is 48 hours or less, then employer may post or orally notify

workers.o Verify if product REI more than 48 hours, then employer must post to notify

workers. Ask when the employer gives oral notification and when posted notification is used for

applications in enclosed spaces. Enclosed space applications posting requirements:

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Requirements that Only Apply to Agricultural Employers of Workers

o Verify if product requires double notification, then employer must post and orally notify workers.

o Verify if product REI is 4 hours or less, then the employer may post or orally notify workers.

o Verify if product REI is greater than 4 hours, then employer must post to notify workers.

o Exception: No notification is needed if, from the application start to the expiration of the REI, no worker will enter any part of the enclosed space.

Examine the warning sign to assess if it meets the WPS requirements (§170.409(b)):o Establish that the warning sign is of the required size:

Standard Sign is 14 X 16 inches; letters 1 inch height: Outdoor posting at all visible points of entry to treated area

(access road, footpath, border within 100 feet of worker housing), or corners of treated area.

Indoor posting at all visible points of entry to the structure/space, or at corners of treated area, or at entry points to the treated subsection within a larger space.

Medium-sized Sign Letters 7/8 inches height; red circle 3 inches diameter: Post 50 feet apart around the treated area, and at all locations as

specified for the standard outdoor/indoor sign above. Smallest Sign Letters 7/16 inches height; red circle 1 ½ inches diameter:

Post minimum 25 feet apart around treated area, and at all locations as specified for the standard outdoor/indoor sign above.

o Verify that warning signs on-site meet the WPS required content (stern face and raised hand in red circle, DANGER PESTICIDES (PELIGRO PESTICIDAS), KEEP OUT (NO ENTRE)); Spanish language may be replaced with another language read by most workers.

o Verify that the warning signs are visible and legible while posted.o Verify that warning signs are posted before, but no more than 24 hours before the

application.o Verify that warning signs are removed or covered within 3 days after the end of the

application or any REI expires, whichever is later.Exception: signs may remain posted more than 3 days after the REI as long as any

workers that may come within ¼ mile of the treated area are instructed not to enter the treated area while signs are posted.

o Ask how the employer assures that workers do not enter treated areas while the signs are posted.

Ask when warning signs are posted and when they are removed. Verify that the warning sign placement is within required time (before the application) and removed after expiration of the REI.

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o Look for posted warning signs on the establishment and inquire about the specific pesticide for which that sign has been posted. Compare the label against the time of application to determine that the sign was posted for the proper duration and removed at the REI expiration.

o Verify who ensures that worker entry to the posted area(s) are prohibited. Ask when and how oral warnings are given. §170.409(c))

o Determine if oral warnings are provided before the application begins. o Determine if warnings are given at the start of the worker’s work period if workers

arrive during the application or before the end of the REI.o Inquire how oral warnings are communicated to non-English speaking workers;o Assess if the oral warnings include:

Location and description of the treated areas(s). Dates and times of restricted entry. Instructions not to enter the treated area(s) or application exclusion zone.

5.3.10 Restrictions to Worker Entry after Pesticide Applications


Worker Entry Restrictions After Pesticide Applications (§170.407(a) and (b)) – After the application of any pesticide to an area of outdoor production, the agricultural employer must not allow or direct any worker to enter or to remain in the treated area before the REI has expired and all warning signs have been removed or covered, except for permitted early-entry activities.

After the application of any pesticide to an area of enclosed space production, the agricultural employer must not allow or direct any worker to enter or to remain in the areas specified in Column D of the Table in §170.405(b)(4) (see Appendix X for Table) before the REI has expired and all warning signs have been removed or covered, except for permitted early-entry activities.

For outdoor applications the inspector should: Verify how the agricultural employer assures that no worker enters the treated area

before: o The expiration of the REI.o The relevant pesticide application and

hazard information is displayed.o All warning signs are removed or covered.

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Applicable REI

When two or more pesticides are applied to a treated area at the same time, the applicable REI is the longest. (170.407(c))

For enclosed space applications the inspector should: Verify how the agricultural employer assures that no worker enters the enclosed space:

o As specified in Column D under §170.405(b)(4), See Appendix X for Table on Entry Restrictions during Enclosed Space Production Pesticide Applications.

o Before the expiration of the REI.o All warning signs are removed or covered.

5.3.11 Early Entry


Exceptions for Entry by Workers during the REI (§170.603) -- An agricultural employer may direct workers to enter treated areas under an REI to perform certain activities as listed below and in conformance with special protections provided to the workers.

Inspectors should ask the employer:

Are workers ever directed to enter treated areas under an REI? What justification was there to allow the early entry? Depending on the response, the

inspector should ask if the conditions below were met as appropriate.

o Worker No Contact – early entry is allowed if: Workers will have no contact with any pesticide treated areas (soil,

water, plants), even with PPE; and Entry is not allowed until labeled inhalation exposure is met or

ventilation criteria at §170.405(b)(3) is met.

o Worker Short-term Activities – early entry is allowed if: No hand labor is performed; The time in treated area does not exceed 1 hour in every 24 hours; Entry is not allowed until 4 hours after application; and Entry is not allowed until labeled inhalation exposure is met or

ventilation criteria at §170.405(b)(3) are met.

o Agricultural Emergency – Entry under the REI by a worker is allowed, only when: The agricultural employer could not have anticipated the

circumstances for the emergency and has no control but requires entry under REI to prevent/mitigate substantial economic loss. Losses due to mismanagement cannot be included, and;

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The state department of agriculture, Tribe, or other agency responsible for pesticide enforcement declared the agricultural emergency;

If early entry is allowed under an agricultural emergency, the agricultural employer must meet the follow requirements: Entry is not allowed until 4 hours after application; and

Entry not allowed until labeled inhalation exposure is met or ventilation criteria at §170.405(b)(3) is met.

o If the label requires double notification, a worker can only work in treated area for maximum of 4 hours in any 24 hours.

o Worker Limited Contact and Irrigation – Workers may enter treated areas under the REI for limited contact or irrigation activities, provided that:

Without this exception, there would be substantial economic loss; There are no alternative tasks to prevent the loss. The need for the work was not anticipated (except for irrigation); No hand labor was performed; Worker will have no contact with any pesticide treated areas (soil,

water, plants), other than minimal to feet, lower legs, hands, and forearms;

The time in treated area does not exceed 8 hours in a 24 hour period; Entry is not allowed until 4 hours after application; Entry not allowed until labeled inhalation exposure is met or

ventilation criteria at §170.405(b)(3) are met; The pesticide’s labeling DOES NOT require double notification.

Protection of Workers in a Treated Area during the REI (§170.605) - Early entry workers must be provided the following protections:


Ask if workers are directed to enter treated areas during the REI.

What protections were provided to the early entry workers? Ask the employer to describe the protections (listed below) and who provided them, as appropriate.

Ask the employer if any employed early entry workers are under 18 years old, or if the employer has or had any early entry workers who were under 18 (after January 2, 2017). If the employer indicates workers are or were less than 18, the inspector should document this information.

Ask how the employer verifies age. Note: All employers must maintain the I-9 Employment Eligibility Verification form required under the 1986 Immigration Reform

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and Control Act for all employees hired on or after Nov. 6, 1986, who are working in the United States. The Form I-9 includes the birthdate of each worker and how the birthdate was verified by the employer (e.g., driver's license, birth certificate, etc.). For more information on the Form I-9, see https://www.uscis.gov/i-9-central

Note in the inspection report if the employer is not able to explain how he or she verified the handler’s or early entry worker’s age.

Ask if the agricultural employer provides the following required information before the early entry:

o Location of the early entry area for work activities.o Pesticides applied.o Dates and times that REI begins and ends.o The specific early entry exception taken, and tasks to be performed.o If contact with treated surfaces is permitted.o Length of time the worker is allowed to be in the treated area. o Early entry PPE required.o Specific location on the establishment of the central posting and decontamination

supplies.

Ask the employer what information is provided to the workers before they enter a treated area and who provides it.

Workers read the applicable pesticide labeling or are informed of labeling requirements and statements related to human hazards or precautions, first aid, and user safety.

The appropriate early entry PPE is provided to the workers and the PPE is used according to manufacturer’s directions.

The early entry PPE is maintained properly. Measures to prevent heat stress are implemented, and the workers are instructed in the

prevention, recognition, and first aid treatment for heat stress. Workers on instructed on the proper use, removal, cleaning, maintenance, and disposal

of the early entry PPE. Workers do not take their pesticide contaminated PPE home. Decontamination supplies are provided at a location which is not within the area under

the REI. Eyeflush water (at least 1 pint) is immediately available in a portable container for each

worker when the label requires protective eyewear. Decontamination supplies (soap, single-use towels, and at least 3 gallons of water per

worker) are available where they remove the early entry PPE.

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Ask how the employer ensures that workers have been informed about the pesticide label requirements and statements.

Ask how the employer manages PPE, how workers receive the correct PPE, how it is maintained, cleaned, stored.

Ask how the employer ensures workers have eyeflush water immediately available and who replenishes decontamination supplies.

Ask how the employer prepares for, identifies, and handles heat stress.

5.3.12 Safe Operation of Equipment


Training on Pesticide Equipment (170.309(i) and 170.313(f)) -- Pesticide handler employers must ensure that before any handler uses any equipment for mixing, loading, transferring, or applying pesticides, the handler is instructed in the safe operation of such equipment.


Ask the handler employer who trains the handlers on the safe use of the equipment.

Ask the handler employer when the training on the equipment occurs.

Pesticide Equipment Inspection and Repair (170.309(j) and 170.313(g)) -- Pesticide handler employers must ensure that before each day of use, equipment used for mixing, loading, transferring, or applying pesticides is inspected for leaks, clogging, and worn or damaged parts, and any damaged equipment is repaired or replaced.


Ask the handler employer who checks the equipment, how often, and if there is a process to ensure pesticide equipment integrity and safety, i.e., that equipment for mixing, loading, transferring, or applying pesticides is inspected and repaired daily before use.

5.3.13 Restrictions for Handlers and Handler Employers during Applications

The applicable regulations are:48

Requirements that Only Apply to Agricultural Employers of Handlers and Commercial Pesticide Handler Employers

Restrictions During Applications to Protect Employees and Other Persons (§170.505) – The handler employer and the handler must ensure that no pesticide is applied so as to contact, directly or through drift, any worker or other person, other than an appropriately trained and equipped handler involved in the application. The handler performing the application must immediately suspend a pesticide application if any worker or other person, other than an appropriately trained and equipped handler involved in the application, is in the application exclusion zone.


Ask how the handler employer assures that pesticides do not contact any worker or other person, directly or through drift.

Ask how the handler employer assures that a handler will suspend all applications if any worker or other person is in the outdoor application exclusion zone (AEZ) or the restricted part of the enclosed space.

5.3.14 Handler Knowledge of Labeling and Application-Specific Information


Ensure Handlers Understand Labels and Application-Specific Information (§170.503(a)) – The handler employer must ensure that before any handler performs any handler activity involving a pesticide product, the handler either has read the portions of the labeling applicable to the safe use of the pesticide or has been informed in a manner the handler can understand of all labeling requirements and use directions.


• Inquire if the agricultural/handler employer provides the pesticide label to handlers before the handler activity, or the handlers read or are informed of label requirements and use directions.

• If the label requires protective eyewear, how does the handler employer ensure each handler has a 1 pint eyeflush available?

• Ask the handler employer how handlers have access to the label during the handler activities.

• Ask how the employer relays any REI, AEZ, or early entry restrictions to the handler that may apply to the handler activities.

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5.3.15 Applications Involving Highly Toxic Pesticides


Monitoring Handlers Applying Highly Toxic Pesticides (§170.505(c)) – The handler employer must ensure handlers are monitored visually or by voice every 2 hours during handling of skull and crossbones labeled products.


Ask the handler employer how application of products with the skull and crossbones symbol are managed and how the employer ensures the safety of the handler.

5.3.16 Fumigant Applications in Enclosed Space Production


Fumigant Applications in Enclosed Space Production (§170.505(d)) – The handler employer must ensure the handlers applying a fumigant in an enclosed space are monitored continually visually or by voice by another handler outside who uses and has immediate access to labeled PPE for a rescue.


Ask the handler employer what safety precautions are taken for application of a fumigant in an enclosed space.

Ask the handler employer what precautions are taken in case a rescue is needed.

5.3.17 Personal Protective Equipment (PPE) for Handlers


Handler Responsibilities (§170.507(a)) — Handlers must use the clothing and personal protective equipment required by the product labeling, except when under an exception (§170.607).


Inquire of the employer how he/she ensures that a handler follows the labeled PPE requirements.

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PPE Equipment Provided by Handler Employer (§170.507(b)) -- The handler employer must provide to the handler the label required PPE, in clean and operating condition. Shirts, pants, shoes, and socks are not considered PPE, but may still be required by the labeling.


Examine the PPE in storage and compare this against some previously used product labels to verify that the PPE is available and in clean/operating condition.

After examining the labels of previously used pesticides, verify that any labeled PPE requirements such as “chemical-resistant or waterproof equipment, chemical-resistant suit, coveralls, chemical-resistant apron, or chemical-resistant headgear” match the PPE on-site.

Examine the gloves on-site and verify they include any specified on product labels (e.g., barrier laminate gloves) or appropriate for the previously used pesticides and in clean/usable condition.

Examine the footwear on site to ensure that it matches any label requirements for “chemical-resistance”.

If labels of previously used pesticides require protective eyewear, verify that such is on-site.

Examine the respirators on-site and compare against the labels of previously used pesticides to determine if appropriate. (Note some older product labels may refer to outdated respirators e.g., “dust/mist” respirators.)

Examine the handler employer’s respirator fit testing, medical evaluation and training records (handlers must be fit tested and medically evaluated before they use any respirator) for handlers to verify:

o The handlers have had a medical evaluation by a licensed physician or licensed health care professional as per the OSHA standards 29 CFR §1910.134.

o The handlers have been trained in the use of the respirator on-site in accordance with OSHA standards 29 CFR §1910.134(k)(1)(i-vi) in the past 12 months.

o The handlers have been fit tested on the exact make, model, style and size of

respirators used as per OSHA standards 29 CFR §1910.134 within the past 12 months.

o See OSHA standards 29 CFR §1910.134 in Appendix X.

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o Verify that these respirator records have been maintained for 2 years. Inspectors should be aware that some medical clearances extend for more than 2 years, the length of time records must be maintained. In these cases, the employer will need to retain the records of medical clearance for more than 2 years to prove that the evaluations were conducted.

Use of PPE (§170.507(c)) — Handler employers must ensure that PPE is used correctly, has been inspected daily, and damaged equipment is repaired or replaced.


Identify who provides proper PPE use instructions and ensures it is used as intended. Inquire how the employer ensures that the PPE is used correctly. Ask who inspects the PPE, frequency of inspection (must be daily) and the procedure for

replacing damaged PPE. Ask how contaminated PPE that cannot be cleaned is made unusable for further use.

Maintenance of PPE (§170.507(d)) — Handler employers must ensure that all PPE is cleaned according to manufacturer’s instructions or pesticide product labeling before each day of use (or if none, washed in detergent and hot water).


Ask who is responsible for PPE maintenance and care. Ask how often the PPE is cleaned and how it is cleaned. PPE must be cleaned before each

day’s use. Identify who washes the PPE, and where the contaminated PPE is stored. Contaminated

PPE must be kept separate from cleaned PPE, and cleaned separately from other clothing, and dried thoroughly before storage.

Examine the PPE storage area, clean PPE is to be kept separate from pesticide contaminated areas and personal clothing. Handlers must have a place away from pesticide storage or pesticide use areas to:

o Store personal clothing.o Put on and remove PPE.

Ask the handler employer if there is a schedule for replacing particulate filtering respirators and how they are tracked. They must be replaced after 8 hours of use if not earlier. Note particulate filtering respirators also must be replaced when:

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o Breathing resistance is excessive.o The filter has damage or tears.o Required by manufacturer’s directions or the label.

Ask the handler if there is a schedule for replacing gas or vapor respirators and how they are tracked. The respirators must be replaced at the end of 8 hours of use if not earlier. Note gas or vapor respirators also must be replaced when:o There is the first indication of odor, taste, or irritation.o Maximum use time is reached as per OSHA 29 CFR §1910.134(d)(3)(iii)(B)(2). o Breathing resistance is excessive.o Required by manufacturer’s directions or the label.

Ask employer what information is provided to the person who cleans/launders the PPE. Information to be provided:o PPE may be contaminated.o Correct way to clean the PPE and how to protect themselves.o Proper decontamination methods after handling the PPE.

Ask how the employer ensures employees do not take PPE home.

Handler Heat Stress (§170.507(e)) — Whenever PPE is required during a handler activity, the handler employer must take measures to prevent heat-related illnesses.

Inquire of employer what he/she does to address heat stress and how he/she would respond to a worker or handler with heat stress.

5.3.18 PPE Exceptions

(PPE exceptions for crop advisors are listed at the end of this section.)


PPE Exceptions and Substitutions (§170.607(a-c)) -- A chemical-resistant suit may be substituted for coveralls or a chemical-resistant apron. Leather boots may be worn in place of chemical-resistant footwear only in rough terrain. Leather gloves may be worn over chemical-resistant glove liners only when working with plants with thorns.


Inquire if any labeled PPE substitutions are made by handlers and what the substitutions are.

Closed System PPE Substitutions (§170.607(d)) – When pesticides are being mixed or loaded using a closed system that meets all of the requirements in §170.607(d)(2) and the handler

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employer meets the requirements of §170.607(d)(3) the following exceptions to label specified PPE are permitted.


Inquire if closed systems are used by handlers for any mixing/loading of pesticides.

Ask how the pesticides are mixed in the closed system. If the products are not contained, the system cannot qualify for PPE substitutions. Water soluble packaging that is compromised is no longer considered a closed system, and then full labeled PPE must be worn.

Ask if and when handlers are trained in the use of the closed system.

Inquire who cleans and maintains the closed system.

Ask if handler employer meets the following. These conditions must be met to apply the enclosed system PPE exceptions.

o The closed system removes the pesticide from its original container and transfers the pesticide product through connecting hoses, pipes and coupling that are sufficiently tight to prevent exposure of handlers to the product, except for the negligible escape associated with normal operation of the system.

o The closed system operating instructions are available at the mix/load site.o The content of the operating instructions are clearly legible and include procedures

for use, safe removal of probe, maintenance, cleaning, repair, known restrictions/limits relating to the system such as incompatible pesticides or unsuitable containers, limits on the ability to measure a pesticide, and procedures dealing with partially-filled containers.

Check if the operating instructions are complete and available at the mix/load site.

Ask the handler employer when handlers wear protective eyewear. Protective eyewear must be worn when using closed systems under pressure.

Ask the handler employer what, if any, PPE substitutions the handlers make.

o Handlers using a closed system to mix/load “DANGER” or “WARNING” pesticides may substitute a long-sleeved shirt, long pants, shoes and socks, chemical-resistant apron, protective eyewear, and protective gloves for any labeled PPE.

o Handlers using a closed system to mix/load pesticides with signal word other than above may substitute a long-sleeved shirt, long pants, shoes and socks, and protective eyewear, and for any labeled PPE.

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Check that all labeled PPE is available immediately to a handler in an emergency.

Enclosed Cab PPE Exceptions (§170.607(e)) – If a handler applies a pesticide from inside a vehicle’s enclosed cab, and if the conditions listed in §170.607(e)(2) are met, exceptions to the label specified PPE are permitted. Handlers may substitute long-sleeved shirt, long pants, shoes and socks for required skin and eye protection. A particulate filtering respirator (NIOSH TC-84A) is not required if the enclosed cab has functioning air ventilation system maintained per manufacturer instructions. (Note older labels may refer to dust/mist filtering respirators instead of the current terminology using particulate filtering respirator.) Other required respirators must be worn inside an enclosed cab.


Inquire if the application equipment includes enclosed cabs.

Inquire what PPE is used when handlers are using enclosed cabs.

o Handlers may substitute long-sleeved shirt, long pants, shoes and socks for required skin and eye protection.

o A filtering facepiece respirator (NIOSH TC-84A) is not required if the enclosed cab has functioning air ventilation system maintained per manufacturer instructions.

o Other required respirators must be worn inside an enclosed cab.

Verify that all labeled required PPE is still immediately available and stored in a sealed container in the vehicle.

Ask the handler employer if the handlers ever exit the vehicle within a treated area during applications or within the REI and what PPE is used.

o Handlers must wear full PPE required by the label when they exit the vehicle in the treated area, and must remove PPE before reentering the cab.

Aerial Applicator PPE Exceptions (§170.607(f)) – For aerial applications, substitutions of label specified PPE is permitted under certain conditions.


Ask the handler employer what PPE is used during aerial applications.o Chemical-resistant gloves are optional unless required on the label.

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Ask the employer where the gloves are kept if used.o If chemical-resistant gloves have been used they must be stored in an enclosed

container to prevent contamination of the cockpit.

Ask the employer if the cockpit is open (rare) or enclosed and what PPE is used. o For open cockpit, labeled PPE must be worn, except chemical-resistant footwear is

not needed; helmet with a face shield may substitute for headgear or protective eyewear.

o For enclosed cockpit, long-sleeved shirt, long pants, shoes, socks may substitute for labeled PPE.

Crop Advisors (§170.607(g)) – Crop advisors may substitute the PPE required on the label for handler activities under certain conditions.


Ask the crop advisor or crop advisor employer what PPE the crop advisor or his employees wear and if they substitute any items from those required. o Crop advisors and employees in a field under the REI may substitute the items below

for handler PPE: Early entry PPE. Coveralls, shoes plus socks, chemical-resistant gloves made of any

waterproof material, and, if the labeling requires protective eyewear for handlers, eye protection.

Ask the crop advisor or crop advisor employer under what conditions PPE exceptions are made.o Entry into a treated area during the REI using substitute PPE can only be done:

At least 4 hours post-application. The inhalation exposure level on the label is reached, or ventilation in

§170.405(b)(3) is met. See Appendix X for the Table on Entry Production Restrictions During Enclosed Place Pesticide Application.)

The crop advisor or employees are only performing crop advising tasks.

5.3.19 Treated Areas Information from the Commercial Handler Employer to the Agricultural Employer


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Commercial Pesticide Handler Employer Duties (170.313(i) – Commercial pesticide handler employers must provide the agricultural employer all required information before the application of any pesticide on an agricultural establishment.


Ask the commercial handler employer if there is communication with the agricultural employer before an application, and what information is provided.

o The commercial handler employer must provide:

Specific location and description of area(s) to be treated with pesticides.

Date of application, and start and estimated end times.

Product name, EPA registration number, and active ingredient.

Labeled REI.

Whether posted or oral notification, or both are required by the label.

Any restrictions or use directions on the pesticide label that must be followed to protect workers, handlers, or other persons.

Inquire of the commercial handler employer how any changes to the application information are relayed to the agricultural employer, and when.

o If there are changes to the location, REI, method of notification, any other restrictions or use directions, or the start time will be earlier than scheduled, the commercial handler employer must inform the agricultural employer of these changes before the application begins.

o If there are changes to the other information, the commercial handler employer must inform the agricultural employer of the changes within two hours after completing the application, except changes to the end time less than an hour do not have to be reported.

5.3.20 Information from the Agricultural Employer to the Commercial Handler Employer


Agricultural Employer Provides Information to Commercial Handler Employers (170.313(h)) -- Ensure that whenever a handler who is employed by a commercial pesticide handling establishment will be on an agricultural establishment, the handler is provided information

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about, or is aware of, the specific location and description of any treated areas where a REI is in effect, and the restrictions on entering those areas.


Ask if the agricultural employer provides information on treated areas to commercial handler employers and how this information transfer occurs. Who communicates the information and how?

o The agricultural employer must inform a handler employer or a handler employed by another entity or organization about areas (location and description) on the establishment that have been previously treated, the REI in effect, and any label restrictions.

5.4 REVIEW PESTICIDE LABELS ON SITE

The inspector should review labels of pesticides on site and note any requirements for: personal protective equipment (PPE); REI; posting application information and warning signs; label specific precautions and protections, including fumigants, so the appropriate requirements can be checked in the course of the inspection.

5.5 RECORD REVIEW

The 2015 revisions to the WPS regulations included additional requirements to record and maintain certain information. As a result, inspectors should request and review these records in all applicable inspections. The recordkeeping provisions related to the respirator requirements are directly related to protection of human health and should be evaluated even after 30 days after the REI has expired. The key records that the inspector should review (as appropriate) are:

5.5.1 Application and hazard information records (§170.311)

All pesticide application and hazard information (SDS) that is required to be displayed must be retained on the establishment for two years after the expiration of the restricted entry interval applicable to the pesticide application conducted. The records must include the following information for each WPS-covered pesticide applied:

The safety data sheet. The name, EPA registration number, and active ingredient(s). The crop or site treated and the location and description of the treated area. The date(s) and times the application started and ended. The duration of the applicable restricted-entry interval.

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5.5.2 Pesticide safety training records (§170.401(d), §170.501(d))

For each worker or handler trained, the agricultural employer must maintain on the agricultural establishment, for two years from the date of the training, a record documenting each worker or handler’s training. The records must include:

The trained worker or handler’s printed name and signature. The date of the training. Information identifying which EPA-approved training materials were used. The trainer’s name and documentation showing that the trainer met the requirements

to be a trainer, at the time of the training. The agricultural employer’s name.

An agricultural employer who provides, directly or indirectly, safety training, must provide to the worker or handler upon request a copy of the record of the training.

5.5.3 Respirator safety records (§170.509(b)(10))

The handler employer must maintain for two years, on the establishment, records documenting the completion of the following:

Handler received a medical evaluation by a physician or other licensed health care professional. In accordance with 29 CFR 1910.134, the records must include the medical evaluation from the physician or other licensed health care professional that includes:

o A determination of whether or not the handler is medically able to use a respirator.

o Any limitations on respirator use related to the medical conditions of the employee or the workplace conditions.

o The need, if any, for follow-up medical evaluations.o A statement that the physician or other licensed health care professional

provided the employee with the written recommendation. Handler was fit tested using the labeling-required respirator and the same make, model,

style and size of respirator worn by the handler. In accordance, with 29 CFR 1910.1348, the fit test records must include the:

o Name of the handler tested.o Type of fit test performed.o Make, model and size of the respirator tested.o Date of the fit test.

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o Results of the fit test, which is pass or fail for a qualitative test. Handler was trained in the use of the respirator specified on the pesticide product

labeling consistent with the provisions in 29 CFR 1910.134(k)(1)(i) – (vi). OSHA does not identify the specific records that must be kept to document training. Records similar to those specified for the pesticide safety training would suffice, such as the:

o Trained handler’s printed name and signature.o Date of the training.o Information identifying what training materials were used.o Trainer’s name.

5.6 EMPLOYEE INTERVIEWS

Because the intent of the WPS is to ensure that each worker and handler receives the protections required by WPS, EPA expects all inspectors will attempt to interview workers and handlers present at the time of inspection as part of their inspection procedures. These interviews are a critical part of assessing compliance during routine WPS agricultural inspections and are essential for obtaining information in WPS for-cause inspections. Inspectors should conduct employee interviews even if they have obtained an admission of guilt from the employer or obtained enough evidence for violations. EPA believes that additional employee interviews under these circumstances may uncover further violations undetected through the employer interview.

Interviews should be conducted in private without the presence of an employer or supervisor. This is particularly important in any alleged complaint of WPS retaliation. Inspectors should be aware of potential WPS retaliation concerns. Some employees may be reluctant to be interviewed on the establishment or during work hours if they fear retaliation, and inspectors should offer to interview employees at another time/location if practical and if the employees express such an interest.

If the inspector senses that private interviews are not suitable, safe or appropriate on the agricultural establishment during the inspection, then employee interviews may be conducted at a location and time convenient for the worker, such as the labor camp, private residence or other agreed upon location. Telephone interviews are recommended when a WPS complainant or witness is unavailable for an in-person interview and is willing to discuss the compliant with the inspector over the telephone. Telephone interviews can be useful in obtaining preliminary information to initiate an investigation and to gather additional information during an ongoing investigation. Interpretation services may be necessary to

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complete the interviews. Additional interview methods also could include using video conferencing if available. When using any interview method, the inspector should verify the identity of the witness.

5.6.1 Title VI of the Civil Rights Act of 1964 and Limited English Proficiency

A state’s obligation to provide meaningful access to limited English proficiency (LEP) individuals stems from Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on national origin. The manner in which a state must provide language services may be determined by balancing four factors:

The number or proportion of LEP individuals eligible to be served or likely to be encountered by the WPS program;

The frequency that LEP individuals come in contact with the WPS program;

The nature and importance of the particular activity or service provided by the WPS program; and

The resources available to the state.9

5.6.2 Addressing Language Barriers

Providing language interpretation services to interview complainants and critical witnesses is the most common way to address LEP. States should use their discretion to decide which witnesses are essential for completing an inspection, without regard to their language ability. In each case, the decision whom to interview will depend on the particular facts of the inspection. For example, if an inspector identifies a witness who is essential to the completion of an inspection and discovers that the witness is LEP, the inspector must overcome the language barrier. In general, inspectors should anticipate the presence of LEP or disabled workers, or both. For example, if the workforce of an area is known to include a high proportion of LEP individuals who are Spanish speakers, inspectors should be prepared to conduct interviews in Spanish or provide a Spanish-speaking interpreter. The inspector should conduct follow-up interviews to address language or communication barriers if interviews of the employee-complainant or critical witness could not be conducted at the time of the initial inspection.

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5.6.3 Addressing Disabilities

A state’s obligation to accommodate a communication barrier due to an individual’s disability, such as a vision, hearing or speech impairment, stems from § 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability. Specifically, the state must make a reasonable accommodation for known physical or mental limitations of an individual with a disability. For example, when interviewing a worker with a hearing impairment, using a sign language interpreter may be a suitable accommodation. Interviews also could be conducted in writing. If an inspector would have interviewed a particular worker if he or she did not have a disability, then the inspector must make an accommodation for that worker and conduct the interview. If the inspector would not have interviewed that particular worker regardless of his or her disability, then no interview is necessary.

In rare instances, the state can demonstrate that the accommodation would impose an undue hardship, which the courts have established as a very high burden to meet. Undue hardship means significant difficulty or expense and focuses on the resources and circumstances of the state agency in relationship to the cost or difficulty of providing a specific accommodation.

Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive, substantial, and disruptive or those that would fundamentally alter the nature or operation of the business. For further information regarding reasonable accommodations for disabilities, refer to http://www.ada.gov and state civil rights resources.

Inspectors are strongly encouraged to develop ways to overcome communication and language barriers, such as using an on-site interpreter, hiring bilingual inspectors, using interpreter resources and services or conducting telephone interviews with interpreters when in-person interviews are not feasible. When interviewing, inspectors should first verify the identity of the witness.

Advanced planning helps ensure that these resources are in place and available when the need arises.

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5.7 WORKER INTERVIEWS

The following inspection elements are provided to assist inspectors in interviewing workers on an agricultural establishment.

5.7.1 Handler Tasks


Definitions §170.305 -- A pesticide handler is defined as a person who is employed by an agricultural employer to mix, load, apply, dispose, handle opened containers, clean, adjust or repair contaminated application equipment, assist with the application, enter enclosed spaces before the inhalation level expires, act as crop advisor under the REI, or enters a soil fumigated treated area under the REI. Workers cannot perform any of the above tasks.

Agricultural Employer Duties (§170.309(g)) – Workers or other persons cannot clean, repair, or adjust pesticide application equipment unless first provided certain hazard information.


Inquire if workers are ever asked to do handler tasks. (If so, record the details and follow-up with the employer). Handler tasks include:

o Mixing, loading, or applying pesticides.o Disposing of pesticides.o Handling open containers of pesticides including: rinsing, cleaning and disposing of

containers.o Acting as a flagger.o Cleaning, adjusting, handling, or repairing parts of mixing, loading or application

equipment.o Assisting with the application of pesticides.o Entering an enclosed space after the application of a pesticide and before the

inhalation exposure level listed in the labeling has been reached. §170.305 o Entering a treated area outdoors after application of any soil fumigant during the

labeling-specified entry-restricted period to adjust or remove coverings used in fumigation.

If the worker does perform any of the handler tasks, then he/she is not considered a worker, and the interview should follow the path of questioning under the “Handler Interview” section

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within this guidance.



Pesticide Safety Training for Workers (§170.401) — An agricultural employer shall assure that each worker who is required to be trained has been trained according to this section.


Verify if workers have been provided the WPS safety training, and when. Workers must be trained before doing any worker tasks and within the last 12 months.

Ask where the training was conducted. Training must be in a location free of distractions.

Ask if the workers received and understood training on:o Where the central display is located and what is posted there.o Meaning of the warning sign.o What a restricted-entry interval and application exclusion zone are.o Where and in what form pesticides may be encountered.o How pesticides can get into your body.o Where the decontamination supplies are, and how to use them.o Emergency first aid for pesticide exposures.o If children are allowed in the treated fields.o Personal hygiene after work.o Taking home and washing work clothing.

• Identify who conducted the training and what materials were used (e.g., video, handbook, flipchart, interactive materials or instruction).

• Ask if the workers signed a sheet after the training. Workers must sign the training record.

5.7.3 Decontamination Supplies


Worker Decontamination (§170.411) — An agricultural employer must provide decontamination supplies for workers for routine washing and emergency decontamination in accordance with this section.

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• Ask if decontamination supplies are provided all the time, or just sometimes. Decontamination supplies are only required for 7 days post REI of 4 hours or less; otherwise for 30 days post REI of greater than 4 hours.

• Inquire if the supplies are accessible to workers. Supplies must be within ¼ mile or nearest vehicular access.

• Ask the worker if all the supplies are available at the start of each work period. Supplies must include soap (no gels or wet towelettes), water (1 gallon per worker), and towels.



Agricultural Employer Duties (§170.309(f))— If there is reason to believe that a worker has been exposed to pesticides or shows symptoms of poisoning within 72 hours after a day’s work, the agricultural employer must provide emergency assistance.


• Ask the worker(s) about their employer’s policy in case of a pesticide exposure incident.• Ask who is contacted in an emergency.• Inquire who provides transportation to an emergency medical facility if needed.• Ask if the worker knows where the nearest emergency medical facility contact

information is located. (If not, note and follow-up with agricultural employer to verify if this is covered in training.)

• Ask if he/she is aware of any pesticide poisonings at the establishment. (If so, record the details and follow-up with the agricultural employer.)

5.7.5 Display of Pesticide Safety, Application and Hazard Information


Posted Pesticide Safety Information for Workers (§170.311(a))— An agricultural employer shall display pesticide safety information when workers are on the agricultural establishment and, within the last 30 days, a pesticide subject to WPS has been applied or an REI has been in effect.

Ask workers where the central location display is. 65

Ask workers if they walk by this central display frequently. Display must be situated where workers pass or congregate regularly.

Ask workers what information is included at the central posting.

Ask workers who they go to if they have questions.

Verify if workers know where the emergency medical information is located? (at bottom of display) Ask workers if they always can see and read this display. Display must be accessible at all times.

Ask workers if decontamination supplies are located at a permanent site (like a bathroom). If so, pesticide safety information must be displayed there too.

Specific Information About Applications (§170.311(b))— An agricultural employer shall display required information about a pesticide when workers are on the establishment within 30 days of a pesticide subject to WPS being applied on the establishment or after an REI has been in effect.

Ask workers how they would find out where and what applications were made on the establishment. Application information must post the name of the pesticide, EPA registration number, active ingredient, and site treated; must provide the information to workers, treating medical personnel or a designated information upon request.

Ask workers if they know what the safety data sheet (SDS) is, and where these are located. Employers may make SDSs and other information available through on-site computers. In this case, the inspector should ask if the workers know how to log on to the computer, how to locate the correct information and if the computers are easily accessible to the workers at all times during the work period.

Access to pesticide application and hazard information by a worker or handler (170.311(b)(7) – The agricultural employer must provide pesticide application and hazard information that was required to be displayed and retained for two years during the period that a worker or handler was employed at the establishment, if that worker or handler requests a copy of, or access to, that information after it no longer has to be displayed. This information must be provided within 15 days of the receipt of the

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request. The worker or handler may make the request in writing or orally.


Ask workers how they would obtain a copy of pesticide application information and SDSs. (It must be provided to worker within 15 days of request.)

Inquire if the worker has ever requested pesticide application information or SDSs. Did the worker receive the information within 15 days?

Access to pesticide application and hazard information by a designated representative (170.311(b)(9) – Any worker’s designated representative may request access to or a copy of information required to be kept for two years, on behalf of the worker. The agricultural employer must provide pesticide application and hazard information applicable to the worker’s time of employment on the establishment within 15 days after receiving the request.


Ask if the worker has ever requested information through use of a designated representative and if the appropriate information was received within the time allowed.

Ask the worker if the following required conditions were met:o The request from the designated representative must be in writing.o It must contain: name of the worker or handler being represented;

description of information requested including the dates for which records are requested, type of work conducted during the period and the specific application or hazard information requested.

o The request must also include a written statement designating the representative to request information on the worker’s behalf and containing the printed name and signature of the worker, the date of designation and printed name and contact information for the designated representative.

Ask to contact the representative and interview him/her about the request if the worker appropriately requested information through a designated representative and did not receive the information.

Follow-up any reported problems with information requests with the employer.

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5.7.6 Establishment-Specific Information

Knowledge of establishment-specific information §170.403 -- Before any worker performs any activity in a treated area on an agricultural establishment where within the last 30 days a pesticide product has been used, or a restricted-entry interval for such pesticide has been in effect, the agricultural employer must ensure that the worker has been informed of, in a manner the worker can understand:

The location of pesticide safety information required by §170.311(b). The location of pesticide application and hazard information required by §170.311(b). The location of decontamination supplies required by §170.411.


• Ask the worker if the agricultural employer informs workers where to find pesticide safety information, pesticide application and hazard information and decontamination supplies.

• Ask the worker where these items are located.

5.7.7 Notification of Treated Areas and Restrictions during and after Applications


Notification to Workers of Pesticide Applications (§170.409) — The agricultural employer shall notify workers of any pesticide application orally or by posting warning signs or both depending on the statement on the product labeling.


• Ask workers how they are notified about treated areas—oral or posted signs, or both? (Note: no notification is needed if workers are not expected to be within ¼ mile of treated area(s) or will not enter the enclosed treated space until after the REI)

• Identify who usually notifies the workers.

• If oral warnings, when are the workers notified? Before or after pesticide field treatments? The employer must provide oral warnings before or at beginning of worker’s work period.

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• What information is given to the workers? The employer must provide location of treated areas, dates/times of REI, & instructions not to enter.

• Verify if workers understand what the posted warning sign means.

• Ask the workers where the warning signs are posted. Warning signs must be posted at all points of entry to fields or enclosed space, or at corners of area outdoors.

• Ask when the signs are removed. Signs must be removed or covered within 3 days after the application or after the REI whichever is later. Signs may remain after REI if any worker coming within ¼ mile of treated area, is instructed not to enter treated area.

• Ask if the worker has been instructed to enter fields or an enclosed space while the warning signs are still posted. Entry is not allowed anytime while the signs are posted.

• If some workers are non-English speaking, ask how warnings are communicated to them.

5.7.8 Early Entry


Early-Entry (EE) Exceptions (§170.603) – An agricultural employer may direct a worker to enter a treated area under the REI to perform certain tasks under certain conditions.


Ask the worker if he/she entered a treated area while posted or under the REI.

If yes, ask when this happened, the conditions, and what tasks were involved. Early entry is allowed under the following conditions:

o No Contact – worker will have no contact with anything treated, and the inhalation level required on the label has been reached or ventilation criteria required by §170.405(b)(3) or the label are met.

o Short-term activities – work will involve no hand labor, the worker remains in the treated area no longer than 1 hour in any 24 hour period, no entry is allowed until 4 hours after application ends, and the inhalation level required on the label has been reached or ventilation criteria required by 170.405(b)(3) or the label are met.

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o Agricultural emergency – must be declared by state department of agriculture or equivalent or other limited circumstances (see 170.603(c)), worker may conduct hand labor, can be in treated area no longer than 4 hours in any 24 hour period, no entry is allowed until 4 hours after application ends, and the inhalation level required on the label has been reached or ventilation criteria required by 170.405(b)(3) is met.

o Limited Contact (or for irrigation) – work will involve no hand labor, in treated area no longer than 8 hours in any 24 hour period, no entry is allowed until 4 hours after application ends, the inhalation level required on the label has been reached or ventilation criteria required by 170.405(b)(3) is met, tasks not conducted would lead to substantial economic loss without any alternative, worker will have no or minimal contact (170.603(d)(7)) with treated surfaces, and the label does not require oral and posted notifications.

Ask if worker was allowed entry before 4 hours after application. Entry is not allowed except under No Contact.

Ask how long the worker was in the treated area. Time is unlimited for No Contact, but 1 hour in a 24 hour period, for short-term, 4 hours in 24 for Ag. Emergency, and 8 hrs. in 24 for Limited Contact/Irrigation.

Early-Entry Worker Protections (§170.605) – If an agricultural employer directs a worker to enter a treated area under the REI to perform certain tasks under certain conditions, then particular protections must be provided to that early entry worker. Agricultural employers must ensure that any early entry worker is at least 18 years old.


Observe early entry workers and if any clearly appear to be under 18, the inspector may ask the individual worker about age, or may follow-up with the employer. If the inspector chooses to ask the worker about age, the inspector should make clear that it is the employer’s responsibility not to employ early entry workers under 18, and that the worker is not in violation.

Ask the worker if he or she is under 18 years old, or if he or she conducted any early entry tasks when under 18 (after January 2, 2017.) If an early entry worker indicates they are/were under 18 when conducting early entry tasks, the inspector should document this information, and may want to ask the worker to sign a statement confirming this information. The inspector should follow-up with the employer and ask if any early entry workers are/were under 18 and how the employer ensures early entry workers are at least 18. The inspector should document the employer’s responses. If

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the employer is not able to explain how he or she verified the handler’s or early entry worker’s age, the inspector should note this in the inspection report.

Note: All employers must maintain the I-9 Employment Eligibility Verification form required under the 1986 Immigration Reform and Control Act for all employees hired on or after Nov. 6, 1986, who are working in the United States. The Form I-9 includes the birthdate of each worker and how the birthdate was verified by the employer (e.g., driver's license, birth certificate, etc.). For more information on the Form I-9, see https://www.uscis.gov/i-9-central


Ask if the workers have received pesticide safety training prior to any early entry work as required under §170.401.

Inquire if the worker was provided with information prior to the early entry task. (170.605(b)). The employer must advise workers that the early entry exception is applied, the location of the early entry area where work activities will be conducted, provide the pesticides applied, dates/times of REI, the maximum time workers can be in the area if contact with treated surfaces is permitted, and specific location of decontamination supplies and central posting SDSs.

Ask the worker if he/she had been provided the pesticide label to read, or was informed of its content. The employer must provide information on human hazard, precautions, first aid, and user safety.

Ask worker if early entry PPE was provided as per the pesticide label, and what it was. The inspector should examine the label to verify that the proper PPE was provided.

Ask the worker about the proper use, removal, cleaning, maintenance, of the early entry PPE. Employers must convey this information.

Ask the worker if he/she takes the PPE (not work clothing) home to clean. Taking used PPE home is not permitted.

Ask the worker if decontamination supplies were provided during the activity. Where were they located? Decontamination supplies must be provided, but not within the area under the REI.

Ask if eyeflush water was provided. Eyewash is only required if the label requires protective eyewear, then at least 1 pint of water in portable containers must be provided per worker.

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Inquire if the worker was instructed about heat stress. The employer must convey recognition, prevention, and first aid for heat stress; these are not provided in the worker safety training.

Ask where the workers remove their PPE. Ask if any decontamination supplies were available there. The inspector should check the area for decontamination supplies – soap, towels, and 3 gallons water per worker is required where PPE is removed.

5.7.9 Retaliation


Prohibited Actions (§170.315) — An agricultural employer shall not intimidate, threaten, coerce, or discriminate against any worker for complying with the WPS requirements or for providing information to the EPA, State, or Tribal government.


• Ask workers if they have had problems with their supervisor or employer complying with the WPS. If yes, discuss and record the details of the retaliation or incident, and follow-up with the supervisor or employer later.

5.7.10 Employee Refusals

Although the WPS identifies the agricultural employer as responsible for ensuring that workers do not enter a treated area before the expiration of the label-required REI, and pesticide safety training is provided, workers may refuse to comply with these requirements.

Inspectors are encouraged to identify these situations and record the details of such incidents. This may include, but is not limited to:

Identifying problems with workers refusing to comply with the WPS, despite having received training and other notifications. Examples may include entering treated fields or violating other restrictions.

Identify employer’s actions/responses to the employee refusals and whether the employer made it clear that an employee’s refusal to comply would have repercussions. The inspector should document any good faith efforts the employer makes to comply e.g., holding additional training sessions for handlers/workers who did not attend previously.

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5.7.11 Pesticide Exposure Incidents


• Ask if any exposure incidents have occurred, and what was done in response.

• Ask what the worker does/would do if there was a pesticide exposure. Who would the worker inform?

• Ask if there have there been any exposure incidents, including drift. If yes, record the details of incident(s) and follow-up with the agricultural employer how it was handled.

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5.8 HANDLER INTERVIEWS

A handler is any person, including a self-employed person, who is employed by an agricultural employer, a commercial pesticide handler employer or a farm labor contractor and performs any of the following tasks:

Mixing, loading, or applying pesticides. Disposing of pesticides. Handling open containers of pesticides including: rinsing, cleaning and disposing of

containers. Acting as a flagger. Cleaning, adjusting, handling, or repairing parts of mixing, loading or application

equipment. Assisting with the application of pesticides. Entering an enclosed space after the application of a pesticide and before the

inhalation exposure level listed in the labeling has been reached. Entering a treated area outdoors after application of any soil fumigant during the

labeling-specified entry-restricted period to adjust or remove coverings used in fumigation.

Performing tasks as a crop advisor during any pesticide application or restricted-entry interval, or before the inhalation exposure level listed in the pesticide product labeling has been reached or one of the ventilation criteria established by § 170.405(b)(3) or the pesticide product labeling has been met.

The following inspection categories and elements are provided to assist inspectors in interviewing handlers on an agricultural establishment, as part of a WPS compliance monitoring inspection. At each WPS routine use inspection, inspectors are expected to interview handlers present at the time of inspection or describe the efforts made and provide justification in the case file for the absence of interviews. Language barriers and communication barriers based on disability must be overcome to conduct handler interviews at all for-cause inspections when the handler is the complainant or critical witness.

When the inspector interviews a handler, the inspector is obtaining information:

On the handler employer’s compliance with the requirements of the WPS that provide protections for the handler.

On the handler’s compliance with requirements of the WPS that are the responsibility of the handler.

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The inspector should discuss the following items, to the extent they are applicable, with handlers during interviews:

5.8.1 Minimum Age (§170.309(c), §170.313(c))


Minimum Age -- Agricultural employers must ensure that any handler is at least 18 years old. Commercial pesticide handler employers must ensure that any handler employed by the commercial establishment is at least 18 years old.


Observe early handlers and if any clearly appear to be under 18, the inspector may ask the individual handler about age, or may follow-up with the employer. If the inspector chooses to ask the handler about age, the inspector should make clear that it is the employer’s responsibility not to employ handlers under 18, and that the handler is not in violation.

Ask the handler if he or she is under 18 years old, or if he or she conducted any handler tasks when under 18 (after January 2, 2017.) If a handler indicates they are/were under 18 when conducting early entry tasks, the inspector should document this information, and may want to ask the handler to sign a statement confirming this information. The inspector should follow-up with the employer and ask if any handlers are/were under 18 and how the employer ensures handlers are at least 18. The inspector should document the employer’s responses. If the employer is not able to explain how he or she verified the handler’s age, the inspector should note this in the inspection report.

Note: All employers must maintain the I-9 Employment Eligibility Verification form required under the 1986 Immigration Reform and Control Act for all employees hired on or after Nov. 6, 1986, who are working in the United States. The Form I-9 includes the birthdate of each worker and how the birthdate was verified by the employer (e.g., driver's license, birth certificate, etc.). For more information on the Form I-9, see https://www.uscis.gov/i-9-central

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Pesticide Safety Training for Handlers (§170.501(a)) — Before any handler employee performs any handling task, the handler employer shall assure each handler has been trained.


Verify if handler was provided the WPS safety training, and when. Handlers must be trained before any handling tasks are conducted (§170.501(a) and within the last 12 months.

Identify who conducted the training and what materials are used (e.g. video, handbook or interactive).

Ask if the handler signed a sheet after the training. Handlers must sign the training records.

Ask what information is on a label. Verify understanding of information contained on pesticide labels §170.501(c)(2)(i) and §170.501(c)(3)(iv).

Ask the handler when and what PPE is used, where it is stored and where the handler removes PPE to verify understanding of the need for and appropriate use of PPE, §170.501(c)(2)(viii), and how to remove PPE after Jan 4, 2018, §170.501(c)(3)(v).

Verify if heat stress training and monitoring is covered. §170.501(c)(2)(ix) or after Jan 4, 2018, 170.501(c)(3)(vi)

Ask the handler what he/she does if someone is in the application exclusion zone. Verify understanding that pesticide application must be suspended if workers or other persons are in the application exclusion zone. §170.501(c)(3)(xi) after Jan 4, 2018.

Ask the handler if he/she uses a respirator and ask the handler to put on the respirator. Handlers must be able to demonstrate ability to don and use a respirator.

Ask the handler if he/she received fit-testing, training and a medical evaluation if required to wear a respirator by the product labeling. §170.501(c)(3)(xiii) after Jan 4, 2018.

Ask if the handler has ever requested a copy of the training record and whether the handler received it within 15 days, to verify that the handler knows he/she can request a copy of the training record.

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Training requirements do not apply to any handler who is currently certified as an applicator of restricted use pesticides §170.501(b)(1) or a handler who is certified as a crop advisor by a program acknowledged as appropriate by EPA or a state (see additional details §170.501(b)(2)).

5.8.3 Decontamination and Eye Flushing Supplies


Handler Decontamination (§170.509)—A handler employer shall provide decontamination and eye flushing supplies during any handling activity for removing pesticides and pesticide residues.


Ask the handler where the routine decontamination supplies. Decontamination supplies must include water, soap, towels, and clean change of clothing such as coveralls are located. They must be located:

o Within ¼ mile or at the nearest vehicular access.

o At all mixing sites.

o Outside the treated area or areas under an REI unless the supplies are contained within a pesticide protected closed container.

o For pilots, the decontamination supplies must be in the aircraft or at the aircraft loading site.

Ask the handler if all the routine decontamination supplies are available at the start of each work period. Decontamination supplies must include 3 gallons of water per handler, soap (no gels or wet towelettes), towels and a clean change of clothing, such as coveralls.

Ask if the handler mixes/loads pesticides requiring protective eyewear or uses a closed system operating under pressure. If yes, ask whether an eye-flush system was available at the mix/load site. Note, only one eye-flush station is required per location if there is more than one handler.

o At mix/load site for pesticides requiring protective eyewear or with closed system operating under pressure, at least one eye-flush system must be

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immediately available. The eye-flush system must be capable of delivering gently running water at a rate of at least 0.4 gallons per minute for 15 minutes or be 6 or more gallons of water in containers suitable for providing a gentle eye-flush for about 15 minutes.

• Test eye-flush systems to ensure water actually flows at a reasonable flow and appears to be of sufficient quality (odorless, colorless, appropriate temperature).

• Measure the water flow for 30 seconds to see if at least .2 gallons are dispensed if the flow appears to be low.

• Ensure the eye-flush system is manageable for one person to operate (e.g., holding a six gallon container above your head or having to empty six 1 gallon containers, would not be a manageable system).

• Check to see if 1 pint of water is immediately available (i.e., within a few seconds/within a few steps) to applicators using pesticides requiring protective eyewear.



Emergency Assistance (§170.309)— A handler employer shall make available emergency medical assistance to any person employed by an agricultural establishment or commercial pesticide handling establishment to perform pesticide handling tasks, and who has been poisoned or injured by exposure to pesticides as a result of employment.


Ask the handler(s) about their employer’s policy in case of a pesticide exposure incident.

Ask who is contacted in an emergency.

Inquire who provides transportation to an emergency medical facility if needed.

Ask if the handler knows where the nearest emergency medical facility contact information is located? If not, note and follow-up with agricultural employer if this is covered in training.

Ask if he/she is aware of any pesticide exposure incidents at the establishment. If so, record the details and follow-up with the employer.

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5.8.5 Display of Pesticide Safety, Application and Hazard Information


Posted Pesticide Safety Information (§170.311(a))— An agricultural employer shall display pesticide safety information when handlers are on the agricultural establishment and, within the last 30 days, a pesticide subject to WPS has been applied or an REI has been in effect.

Ask handlers where the central location display is. The display must be where handlers pass or congregate.

Ask handlers if they walk by this central display frequently. Display must be situated where handlers pass or congregate regularly.

Ask handlers what information is included at the central posting.

Ask handlers who they go to if they have questions.

Verify if handlers know where the emergency medical information is located. Emergency medical information is at the bottom of the display. Ask handlers if they always can see and read this display. Display must be accessible at all times.

Ask handlers if decontamination supplies are located at a permanent site (like a bathroom). If so, pesticide safety information must be displayed there too.

Keeping and Displaying Pesticide Application and Hazard Information (§170.311(b))— An agricultural employer shall display required information about a pesticide when handlers are on the establishment within 30 days of a pesticide subject to WPS being applied on the establishment or after an REI has been in effect.

Ask handlers how they would find out where and what applications were made on the establishment. The application and hazard information posted must include the name of the pesticide, EPA registration number, active ingredient, and site treated. The information must be provided to workers, treating medical personnel or a designated representative upon request.

Ask handlers if they know what the safety data sheet (SDS) is, and where these are located. Employers may make SDSs and other information available through on-site computers. In this case, the inspector should ask if the handlers know how to log on to the computer, how to locate the correct information and if the

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computers are easily accessible to the handlers at all times during the work period.

Access to Pesticide Application and Hazard Information by a Worker or Handler (170.311(b)(7) – The agricultural employer must provide pesticide application and hazard information that was required to be displayed and retained for two years during the period that a worker or handler was employed at the establishment, if that worker or handler requests a copy of, or access to, that information after it no longer has to be displayed. This information must be provided within 15 days of the receipt of the request. The worker or handler may make the request in writing or orally.


Ask handlers how they would obtain a copy of pesticide application information and SDSs. It must be provided to handler within 15 days of request.

Inquire if the handler has ever requested pesticide application information or SDSs. Did the handler receive the information within 15 days?

Access to Pesticide Application and Hazard Information by a Designated Representative (170.311(b)(9) – Any handler’s designated representative may request access to or a copy of information required to be kept for two years, on behalf of the handler. The agricultural employer must provide pesticide application and hazard information applicable to the handler’s time of employment on the establishment within 15 days after receiving the request.


Ask if the handler has ever requested information through use of a designated representative and if the appropriate information was received within the time allowed.

Ask the handler if the following required conditions were met:o The request from the designated representative must be in writing;o It must contain: name of the handler being represented; description of

information requested including the dates for which records are requested, type of work conducted during the period and the specific application or hazard information requested.

o The request must also include a written statement designating the

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representative to request information on the handler’s behalf and containing the printed name and signature of the handler, the date of designation and printed name and contact information for the designated representative.

Ask to contact the representative and interview him/her about the request if the handler appropriately requested information through a designated representative and did not receive the information.

Follow-up any reported problems with information requests with the employer. Ask to contact the representative and interview him/her about the request if the

handler appropriately requested information through a designated representative and did not receive the information.

Follow-up any reported problems with information requests with the employer.

5.8.6 Establishment-Specific Information

Knowledge of establishment-specific information (§170.503(b) and §170.509)-- Before any handler performs any handler activity on an agricultural establishment where within the last 30 days a pesticide product has been used, or a restricted-entry interval for such pesticide has been in effect, the handler employer must ensure that the handler has been informed, in a manner the handler can understand: location of pesticide safety information; pesticide application and hazard information, and the location of decontamination supplies.

The decontamination supplies must be located together outside any treated area or area subject to a REI, and must be reasonably accessible to each handler during the handler activity.


Ask the handler where pesticide safety information, pesticide application and hazard information, and decontamination supplies are located.

Ask the handler where decontamination supplies are located. Must not be more than ¼ mile from the handler, except that where the handler activity is more than ¼ mile from any treated area or area subject to an REI.

5.8.7 Information from the Agricultural Employer on Treated Areas

The applicable regulation is §170.309(k) – The agricultural employer must provide handlers with information about the specific location and description of any treated areas on the agricultural

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establishment where an REI is in effect that the handler may be in, or may walk within ¼ mile of, and any restrictions on entering those areas.


Ask if the handler is provided information about the specific location and description of any treated areas on the agricultural establishment where an REI is in effect that the handler may be in, or may walk within ¼ mile of, and any restrictions on entering those areas.

Ask who provides that information and how is it provided.

5.8.8 Safe Operation of Equipment (§170.313)


Safe Operation of Equipment (§170.313) -- All pesticide handler employers must ensure that before any handler employed by the commercial pesticide handling establishment uses any equipment for mixing, loading, transferring, or applying pesticides, the handler is instructed in the safe operation of such equipment.


Ask if the handler receives instruction on any equipment to be used.

Ask if before each day of use, equipment to be used for mixing, loading, transferring, or applying pesticides is inspected for leaks, obstructions, and worn or damaged parts, and any damaged equipment is repaired or is replaced. §170.313(g)

Ask who is responsible for checking the equipment.

5.8.9 Restrictions for Handlers and Handler Employers during Applications (§170.505)


Requirements During Applications (§170.505) –The handler employer and the handler must ensure that no pesticide is applied so as to contact, directly or through drift, any worker or

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other person, other than an appropriately trained and equipped handler involved in the application. §170.505(a).

Suspending applications (§170.505) -- After January 4, 2018, the handler performing the application must immediately suspend a pesticide application if any worker or other person, other than an appropriately trained and equipped handler involved in the application, is in the Application Exclusion Zone described in §170.405(a)(1) or the area specified in column B of the Table in §170.405(b)(4). §170.505(b). See Appendix X for Table.

The Application Exclusion Zone is:

The area that extends 100 feet horizontally from the application equipment (dispersion points) in all directions during applications made:o Aeriallyo By air blasto As spray with droplet size of very fine or fine spray qualityo As a fumigant, smoke, mist or fog.

The area that extends 25 feet horizontally from the application equipment (from dispersion points) in all directions during application (when not applied as above) sprayed from a height of greater than 12 inches from the planting medium using a spray quality of medium or larger. Note: There is no application exclusion zone when the pesticide is applied in a manner not described above.


Verify if access is restricted during applications and REIs.

Ask if the handler knows what spray quality is used (e.g., fine, medium) and when nozzles were calibrated or cleaned.

Ask if the product label recommends/requires specific spray quality, and what it is.

Ask the handler to describe the AEZ for the products used.

Ask the handler to demonstrate how far 25 feet and 100 feet are.

Ask if there have ever been people in the AEZ when the handler was applying, and how he or she responded or what would the handler do if there are people in the AEZ. (After

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More information on the AEZ

EPA has developed an interpretive policy on the requirements associated with the AEZ, and a series of questions and answers. See https://www.epa.gov/pesticide-worker-safety/worker-protection-standard-and-application-exclusion-zone-frequently-asked

January 2, 2018, must suspend application if any worker or other person, other than an appropriately trained and equipped handler involved in the application, is in the AEZ).

Ask if there is a process for keeping people out of the AEZ.

Is there worker housing that is sometimes in the AEZ? Is there a process for removing people from the housing during applications?

Ask how the handler evaluates the potential for drift in order to continue an application after suspending the application.

Ask if anyone was contacted and how they knew they were contacted (e.g., from odor, taste, skin sensation).

Was the person under the direct control of the agricultural employer and prevented from leaving the AEZ.

Note it is not necessary for the handler to physically stop for a specific length of time. If there are persons in the AEZ, who are on the establishment property, the application cannot continue until those persons have moved. If there are persons in the AEZ outside the boundary of the establishment, the handler cannot continue until he or she can ensure that no pesticide is applied so as to contact, directly or through drift, any worker or other person, other than an appropriately trained and equipped handler involved in the application. For more information, see the Interpretive Policy on the AEZ and Questions and Answers at: https://www.epa.gov/pesticide-worker-safety/worker-protection-standard-and-application-exclusion-zone-frequently-asked

5.8.10 Handler Knowledge of Labeling and Application-Specific Information


Knowledge of labeling and application-specific information (§170.503(a)) -- The handler employer must ensure that before any handler performs any handler activity involving a pesticide product, the handler has read the portions of the labeling requirements applicable to the safe use of the pesticide or has been informed in a manner the handler can understand of all labeling requirements and use directions applicable to the safe use of the pesticide.

Commercial pesticide handler employers must ensure that whenever a handler who is employed by a commercial pesticide handling establishment will be on an agricultural establishment, the handler is provided information about, or is aware of, the specific location

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and description of any treated areas where a restricted-entry interval is in effect, and the restrictions on entering those areas. §170.313(h)


Ask the handler if and when the label/label information is provided and who provides it. §170.503(a)(1)

Ask the handler how and when the handler has access to the label information. The handler employer must ensure that the handler has access to the applicable product labeling at all times during handler activities. §170.503(a)(2)

Ask how the handler knows about any entry restrictions, AEZs, and REIs. The handler employer must ensure that the handler is aware of requirements for any entry restrictions, application exclusion zones and restricted-entry intervals as described in 170.405 and 170.407 that may apply based on the handler’s activity. §170.503(a)(3)

Inquire whether the handler is notified of treated areas and REIs. Ask who is responsible for providing that information.

5.8.11 Applications of Highly Toxic Pesticides


Handlers using highly toxic pesticides (§170.505(c)) -- A handler employer and the handler must ensure that any handler who is performing any handler activity with a pesticide product that has the skull and crossbones symbol on the front panel of the pesticide product label is monitored visually or by voice communication at least every two hours.


Ask if the handler uses pesticide products with the skull and crossbones symbol on the label.

Ask what safety precautions are taken when using these toxic products. Handlers must be monitored visually or by voice every 2 hours during handling of skull and crossbones labeled products.

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5.8.12 Fumigant Applications in Enclosed Space Production


Fumigant applications in enclosed space production (§170.505(d)) – The handler employer must ensure all of the following: handlers must maintain continuous visual or voice contact with another handler stationed immediately outside the enclosed space, and the handler stationed outside the enclosed space must have immediate access to and must use the label required PPE.


Ask the handler what safety precautions are taken when applying fumigants in enclosed space production.

Ask what preparations are made in case a rescue is needed.

Personal Protective Equipment (PPE) for Handlers (§170.507)


PPE Requirements —Any person who performs handler activities involving a pesticide product must use the clothing and personal protective equipment specified on the pesticide product labeling for use of the product except as provided in §170.607.


Ask the handler what PPE he wears and when he wears it. Ask the handler what he does with the PPE when he is done with it Ask the handler if the PPE is clean and dry when he puts it on.

Respirator Use – §170.507(b)(10) -- Whenever a respirator is required by the pesticide product labeling, the handler employer must ensure that the requirements of paragraphs §170.507 (b)(10)(i) through (iii) are met [provide fit testing, training and a medical evaluation] before the handler performs any handler activity where the respirator is required to be worn.


Ask if the handler is required to wear a respirator by any pesticide labeling. If yes, ask the handler:o Did he receive a medical evaluation before wearing the respirator?o Was he fit tested on the exact same respirator (same make, model, style and size)

that he wears?

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o Was he fit tested before using the respirator and within the last 12 months?o To demonstrate how to put on the respirator and ensure a good seal.

See https://www.osha.gov/SLTC/respiratoryprotection/standards.html for the OSHA respirator regulations 29 CFR 1910.134.

Use of PPE (§170.507(c)) — Agricultural/handler employers must ensure that PPE is used correctly, has been inspected daily, and damaged equipment is repaired or replaced.


Ask who provides proper PPE use instructions and ensures it is used as intended;

Ask how the handler knows how to use PPE correctly; §170.507(c)(1)

Ask who inspects the PPE, frequency of inspection (must be daily) and the procedure for replacing damaged PPE. §170.507(c)(2)

Cleaning and Maintenance of PPE (§170.507(d)) — Agricultural/handler employers must ensure that PPE is used correctly, has been inspected daily, and damaged equipment repaired/replaced. Used PPE must be cleaned according to manufacturer’s instructions or disposed.


Ask if the handler is responsible for cleaning, maintenance, storage or disposal of PPE: Ask the handler how contaminated personal protective equipment is made unusable or

unavailable for further use if it can’t or won’t be cleaned properly.

Ask how contaminated personal protective equipment is disposed of. Contaminated PPE must be in disposed of in accordance with applicable laws or regulations. Coveralls and other absorbent material that is drenched or heavily contaminated with a pesticide that has the signal word “DANGER” or “WARNING” must not be reused.

Ask what protection handlers use to handle contaminated PPE. Handlers must wear gloves specified on the pesticide product labeling for mixing and loading to handle contaminated PPE. If two or more pesticides are included in the contaminants, the gloves must meet the requirements of all the pesticides.

Ask how often the PPE is cleaned. PPE must be cleaned before each day’s use.

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https://www.osha.gov/SLTC/respiratoryprotection/standards.html

Ask how the handler manages PPE after washing. PPE must be dried thoroughly before storage or reuse.

Ask where the contaminated PPE is stored. Contaminated PPE must be kept separate from cleaned PPE, and cleaned separately from other clothing.

Ask if handlers have a place away from pesticide storage or pesticide use areas to:

o Store personal clothingo Put on and remove PPE

Ask when particulate filtering respirators are replaced. They must be replaced after 8 hours of use if not earlier. Note particulate filtering respirators also must be replaced:

o When breathing resistance is excessiveo When the filter has damage or tearso When required by manufacturer’s directions or the label

Ask when gas or vapor respirators are replaced. They must be replaced after 8 hours of use if not earlier. Note gas or vapor respirators also must be replaced:

o First indication of odor, taste, or irritationo When maximum use time is reached as per OSHA 29 CFR §1910.134(d)(3)(iii)(B)(2)o When breathing resistance is excessiveo When required by manufacturer’s directions or the label

Verify that handlers are warned not to take PPE home.

Handler Heat Stress (§170.507(e)) — Whenever PPE is required during a handler activity, the agricultural/handler employer must take measures to prevent heat-related illnesses.


Inquire if the handler has suffered from heat stress and what was done in response.

Inquire what, if anything, the employer does to prevent heat stress.

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5.8.13 PPE Exceptions (§170.607)


PPE Exceptions and Substitutions (§170.607(a-c)) – The following PPE exceptions and substitutions may be made under the conditions listed.


Ask if the handler makes any labeled PPE substitutions and what they were.

o A chemical-resistant suit may be substituted for coveralls or a chemical-resistant apron.

o Leather boots may be worn in place of chemical-resistant footwear only in rough terrain.

o Leather gloves may be worn over chemical-resistant glove liners only when working with plants with thorns.

Closed System PPE Substitutions (§170.607(d) – When pesticides are being mixed or loaded using a closed system that meets all the requirements in paragraph (d)(2) of this section, and the handler employer meets the requirements of (d)(3), the following exceptions to labeling-specified PPE are permitted:


Inquire if the handler uses closed systems for any mixing/loading of pesticides.

Ask if the following conditions are met. The closed system PPE exceptions only apply where the handler employer meets the conditions below.

o Ask how the handler mixes products in the closed system. If not completely contained, cannot use reduced PPE.

o Verify if the closed system operating instructions are available. Must be at mix/load site.

o Check the content of the operation instructions. Instructions must be clearly legible and include procedures for use, safe removal of probe, maintenance, cleaning, repair, know restrictions/limits (incompatible pesticides or containers not suitable), limits on measuring, and dealing with partially-filled containers.

Ask if substitute PPE is used when using the closed system.

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o Handlers using a closed system to mix/load “DANGER” or “WARNING” pesticides may substitute a long-sleeved shirt, long pants, shoes and socks, chemical—resistant apron, protective eyewear, and protective gloves for any labeled PPE.

o Handlers using a closed system to mix/load pesticides with signal word other than” DANGER” or “WARNING” may substitute a long-sleeved shirt, long pants, shoes and socks, and protective eyewear, and for any labeled PPE.

Ask what PPE is used when using water soluble packing that is compromised. If compromised, it is no longer consider a closed system, and then full labeled PPE must be worn.

Ask when protective eyewear is worn. Protective eyewear must be worn when using closed systems under pressure.

Ask if/when the handler was trained in the use of the closed system. Ask who cleans and maintains the closed system. Check that all labeled PPE is available immediately to a handler in an emergency.

Enclosed Cab PPE Exceptions (§170.607(e)) – If a handler applies a pesticide from inside a vehicle’s enclosed cab, and if the conditions in (e)(2) are met, exceptions to the PPE requirements are permitted as provided below.


Inquire if the application equipment includes enclosed cabs.

Inquire what PPE is used when using enclosed cabs. o Handlers may substitute long-sleeved shirt, long

pants, shoes and socks for skin and eye protection.

o Handlers need not wear dust/mist filtering respirators or NIOSH TC-84A respirators if the enclosed cab has a functioning air ventilation system maintained per manufacturer.

Verify that other required respirators are worn inside an enclosed cab. Verify that all labeled required PPE is still immediately available and stored in a sealed

container in vehicle. Ask how the sealed container is cleaned. May use sealable plastic bags or another

container that will prevent contamination. Ask handler if they exit the vehicle within the treated area or in areas under an REI and

how they handle putting on and taking off PPE. Handler must wear full labeled PPE when exiting the vehicle in treated area and remove PPE before re-entering the vehicle.

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Note about Enclosed Cabs

Cab salespeople and establishment owners may claim cabs prevent pesticide exposure, however, enclosed cabs with properly functioning ventilation systems only prevent particles from entering the cab, not vapors or gases.

Aerial Applicator PPE Exceptions (§170.607(f)) – The following PPE substitutions are permitted if associated requirements are met as below.


Ask the handler employer what PPE is used during aerial applications.o Chemical-resistant gloves are optional unless required on the label.

Ask the employer where the gloves are kept if used.o Chemical-resistant gloves must be stored in an

enclosed container if they have been used to prevent contamination of the cockpit.

Ask the employer if the cockpit is open (rare) or enclosed and what PPE is used.

o For open cockpit, labeled PPE must be worn, except chemical-resistant footwear is not needed; helmet with a face shield may substitute for headgear or protective eyewear.

o For enclosed cockpit, long-sleeved shirt, long pants, shoes, socks may substitute for labeled PPE.

5.8.14 Retaliation


Prohibited Actions (§170.315) — An agricultural employer shall not intimidate, threaten, coerce, or discriminate against any handler for complying with the WPS requirements or for providing information to the EPA, State, or Tribal government.


• Ask handlers if they have had problems with their supervisor or employer complying with the WPS. If yes, discuss and record the details of the retaliation or incident, and follow-up with the supervisor or employer later.

5.8.15 Employee Refusals

Although the WPS identifies the handler employer as responsible for ensuring the use of PPE during pesticide use and that pesticide safety training is provided, handlers may refuse to comply with these requirements. Inspectors are encouraged to identify these situations and record the details of such incidents.

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Helicopters

Helicopters with open sides do not meet the definition of enclosed cockpits and so no substitution of PPE is allowed.

This may include, but is not limited to:

Identifying problems with handlers refusing to comply with the WPS, despite having received training, PPE, and other notifications. Examples may include not wearing PPE, taking PPE home, not following label directions, improperly using application equipment, or entering posting fields.

Identify employer’s actions/responses to the employee refusals (document employer’s good faith efforts to comply) and whether employers made it clear that an employee’s refusal to comply would have repercussions.

5.8.16 Pesticide Exposure Incidents


• Inquire about the procedure for reporting pesticide-related illnesses.• Ask if there have there been any exposure incidents, including drift. If yes, record

the details of incident(s) and follow-up with the agricultural employer on how it was handled.

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5.9 EXIT CONFERENCE

The exit conference is an important final element of the inspection. During the exit conference the inspector should issue a receipt for samples to the employer/manager for samples collected, such as photos, copies of records, etc. While the inspector should note observed variances from the regulations, the inspector should not express any opinions about violations and should not make any conclusions of law. The closing conference is also an opportunity for the inspector to answer questions about the regulations, and to provide fact sheets or other information that explain the regulations or aid in maintaining compliance.

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CHAPTER 6.POST INSPECTIONOne of the most important activities after the inspection is to prepare an inspection report. The inspection report is critical to support enforcement actions if violations are found at the

establishment. The report may include a written narrative, supportive documentation like photos, interviews and statements, (as necessary) and is in accordance with state inspection guidance procedures to support the facts and/or suspected violations. The final inspection report should establish the compliance status of an establishment in a factual, objective and consistent manner. If suspected violations of the WPS are included, the report should be labeled as “Enforcement Sensitive”. Refer to Chapter 16, “Inspection Report and Supporting Documentation” of the FIFRA Inspection Manual for more information.

If the inspection is performed with Federal credentials, then the inspection file is to be forwarded to the EPA Region for review and enforcement action. If the inspection is performed under state or tribal credentials, enforcement actions should be taken in accordance with the state or tribal Enforcement Response Policy (ERP) and the nature of the WPS violation. Egregious WPS violations detected on-site may be addressed immediately by the inspector in accordance with state/tribal protocols, SOPs, and the ERP. Compliance assistance may be provided to the employer/manager on-site, but not in lieu of appropriate enforcement.

If violations of law are detected during an inspection and documented properly, EPA, the state or tribe may initiate a civil or criminal enforcement action. See Chapter 17 of the FIFRA Inspection Guidance for more information on enforcement processes and the role of the inspector.

END NOTES 1 EPA’s Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Inspection Manual, October 2013, http://www.epa.gov/sites/production/files/2014-01/documents/fiframanual.pdf

2 WPS Rule at: http://www.epa.gov/pesticide-worker-safety/revisions-worker-protection-standard3 Title VI of Civil Rights Act of 1964 at: http://www.epa.gov/civilrights/t6facts.htm 4 http://www.ada.gov

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http://www.epa.gov/civilrights/t6facts.htm

http://www.epa.gov/sites/production/files/2014-01/documents/fiframanual.pdf

http://www.epa.gov/compliance/guidance-federal-insecticide-fungicide-and-rodenticide-act-fifra-inspection-manual

http://www.epa.gov/compliance/guidance-federal-insecticide-fungicide-and-rodenticide-act-fifra-inspection-manual

5 EPA biosecurity procedures for guidelines to be followed when entering and exiting farms or ranches that contain livestock or poultry.6 FIFRA requires that a Notice of Inspection (NOI) be provided whenever an inspection is to be conducted under the authority of FIFRA. When federal EPA credentials are used to conduct a FIFRA inspection, the inspector must issue a NOI to the establishment owner or person being inspected. States may have similar requirements when conducting inspections under their authority.7 OSHA 29 CFR 1910.134, https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=127168 See Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 69 Fed. Reg. 35,602 (June 25, 2004) at: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2004_register&docid=fr25jn04-79.pdf.

For further information regarding LEP, refer to http://www.lep.gov and state civil rights resources.

APPENDIX A. REPORTING INSPECTION ACTIVITIES

The reporting of inspections will follow procedures established in the National Pesticide Cooperative Agreement Guidance and according to the yearly work plan negotiated between each State/Tribe and EPA Regional Office.

APPENDIX B. GLOSSARY OF TERMS

§ 170.305 Definitions.

Terms used in this part have the same meanings they have in the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. In addition, the following terms, when used in this part, shall have the following meanings:

Agricultural employer -- means any person who is an owner of, or is responsible for the management or condition of, an agricultural establishment, and who employs any worker or handler.

Agricultural establishment -- means any farm, forest operation, or nursery engaged in the outdoor or enclosed space production of agricultural plants. An establishment that is not primarily agricultural is an

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http://www.epa.gov/compliance/guidance-routine-biosecurity-procedures-epa-personnel-visiting-farms-ranches

agricultural establishment if it produces agricultural plants for transplant or use (in part or their entirety) in another location instead of purchasing the agricultural plants.

Agricultural plant -- means any plant, or part thereof, grown, Maintained, or otherwise produced for commercial purposes, including growing, maintaining or otherwise producing plants for sale or trade, for research or experimental purposes, or for use in part or their entirety in another location. Agricultural plant includes, but is not limited to, grains, fruits and vegetables; wood fiber or timber products; flowering or foliage plants and trees; seedlings and transplants; and turf grass produced for sod. Agricultural plant does not include pasture or rangeland used for grazing.

Application exclusion zone – means the area surrounding the application equipment that must be free of all persons other than appropriately trained and equipped handlers during pesticide applications.

Chemigation -- means the application of pesticides through irrigation systems.

Closed system – means an engineering control used to protect handlers from pesticide exposure hazards when mixing and loading pesticides.

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

Commercial pesticide handling establishment -- means any enterprise, other than an agricultural establishment, that provides pesticide handler or crop advising services to agricultural establishments.

Crop advisor -- means any person who is assessing pest numbers or damage, pesticide distribution, or the status or requirements of agricultural plants.

Designated representative – means any persons designated in writing by a worker or handler to exercise a right of access on behalf of the worker or handler to request and obtain a copy of the pesticide application and hazard information required by 170.309(h).

Early entry -- means entry by a worker into a treated area on the agricultural establishment after a pesticide application is complete, but before any restricted-entry interval for the pesticide has expired.

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

Enclosed cab -- means a cab with a nonporous barrier that totally surrounds the occupant(s) of the cab and prevents dermal contact with pesticides that are being applied outside of the cab.

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Enclosed space production -- means production of an agricultural plant indoors or in a structure or space that is covered in whole or in part by any nonporous covering and that is large enough to permit a person to enter.

Fumigant -- means any pesticide product that is a vapor or gas, or forms a vapor or gas upon application, and whose pesticidal action is achieved through the gaseous or vapor state.

Hand labor -- means any agricultural activity performed by hand or with hand tools that causes a worker to have substantial contact with plants, plant parts, or soil and other surfaces that may contain pesticide residues, except that hand labor does not include operating, moving, or repairing irrigation or watering equipment or performing crop advisor tasks.

Handler -- means any person, including a self-employed person, who is employed by an agricultural employer or commercial pesticide handler employer and performs any of the following activities:

(1) Mixing, loading, or applying pesticides.

(2) Disposing of pesticides.

(3) Handling opened containers of pesticides, emptying, triple-rinsing, or cleaning pesticide containers according to pesticide product labeling instructions, or disposing of pesticide containers that have not been cleaned. The term does not include any person who is only handling unopened pesticide containers or pesticide containers that have been emptied or cleaned according to pesticide product labeling instructions.

(4) Acting as a flagger.

(5) Cleaning, adjusting, handling, or repairing the parts of mixing, loading, or application equipment that may contain pesticide residues.

(6) Assisting with the application of pesticides.

(7) Entering an enclosed space after the application of a pesticide and before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established by §170.405(b)(3) or the labeling has been met to operate ventilation equipment, monitor air levels, or adjust or remove coverings used in fumigation.

(8) Entering a treated area outdoors after application of any soil fumigant during the labeling-specified entry-restricted period to adjust or remove coverings used in fumigation.

(9) Performing tasks as a crop advisor during any pesticide application or restricted-entry interval, or before the inhalation exposure level listed in the pesticide product labeling has been reached or one of the ventilation criteria established by § 170.405(b)(3) or the pesticide product labeling has been met.

Handler employer -- means any person who is self-employed as a handler or who employs any handler.

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Immediate family -- is limited to the spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and first cousins. “First cousin” means the child of a parent’s sibling, i.e., the child of an aunt or uncle.

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

Outdoor production -- means production of an agricultural plant in an outside area that is not enclosed or covered in any way that would obstruct the natural air flow.

Owner -- means any person who has a present possessory interest (e.g., fee, leasehold, rental, or other) in an agricultural establishment. A person who has both leased such agricultural establishment to another person and granted that same person the right and full authority to manage and govern the use of such agricultural establishment is not an owner for purposes of this part.

Personal protective equipment -- means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respirators, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.

Restricted-entry interval -- means the time after the end of a pesticide application during which entry into the treated area is restricted.

Safety data sheet -- has the same meaning as the definition at 29 CFR 1900.1200(c).

Treated area -- means any area to which a pesticide is being directed or has been directed.

Use -- as in “to use a pesticide” means any of the following:

(1) Pre-application activities, including, but not limited to:

(i) Arranging for the application of the pesticide.

(ii) Mixing and loading the pesticide.

(iii) Making necessary preparations for the application of the pesticide, including responsibilities related to worker notification, training of workers or handlers, providing decontamination supplies, providing pesticide safety information and pesticide application and hazard information, use and care of personal protective equipment, providing emergency assistance, and heat stress management.

(2) Application of the pesticide.

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(3) Post-application activities intended to reduce the risks of illness and injury resulting from handlers' and workers' occupational exposures to pesticide residues during and after the restricted-entry interval, including responsibilities related to worker notification, training of workers or early-entry workers, providing decontamination supplies, providing pesticide safety information and pesticide application and hazard information, use and care of personal protective equipment, providing emergency assistance, and heat stress management.

(4) Other pesticide-related activities, including, but not limited to, transporting or storing pesticides that have been opened, cleaning equipment, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials.

Worker -- means any person, including a self-employed person, who is employed and performs activities directly relating to the production of agricultural plants on an agricultural establishment.

Worker housing area -- means any place or area of land on or near an agricultural establishment where housing or space for housing is provided for workers or handlers by an agricultural employer, owner, labor contractor, or any other person responsible for the recruitment or employment of agricultural workers.

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APPENDIX C. SUPPLEMENTAL WPS ENFORCEMENT TOOLS

The following EPA resources may be helpful for conducting WPS inspections or to support case development:

1. WPS Inspection Checklist: To be added2. WPS How-to-Comply Manual at: To be added3. WPS Training Materials: http://www2.epa.gov/pesticide-worker-safety/training-and-

safety-materials-implementing-worker-protection-standard 4. WPS Interpretive Guidance Workgroup Questions and

Answers at: http://www.epa.gov/pesticides/safety/workers/wpsinterpolicy.htm

5. WPS Compliance Monitoring Program at:6. http://www2.epa.gov/compliance/federal-insecticide-

fungicide-and-rodenticide-act-compliance-monitoring Table from regulations on entry restrictions in enclosed space

7. Title VI of Civil Rights Act of 1964 at: http://www.epa.gov/civilrights/t6facts.htm 8. EPA WPS Publications Center at: to be added9. Title VI LEP Guidance for EPA Financial Assistance Recipients at: to be added10. Limited English Proficiency federal home page at: http://www.lep.gov/

Add?

1. OSHA Regulations for respirators, 29 CFR §1910.1342. Example SDS3. Medical evaluation form example4. Example fit test record5. Sample training forms6. Ventilation requirements in §170.405(b)(3)

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http://www2.epa.gov/compliance/federal-insecticide-fungicide-and-rodenticide-act-compliance-monitoring

http://www.epa.gov/pesticides/safety/workers/wpsinterpolicy.htm

http://www.epa.gov/pesticides/safety/workers/wpsinterpolicy.htm

u.s. epa worker protection standard agricultural ... … · web viewworker protection standard....

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