Inspector Training Program

Worker Protection Inspection Course
                 Student Manual
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    Inspector Training Program
Worker Protection Inspection Course
    Train-the-Trainer
           Student Manual

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Worker Protection Inspection Course                                          Train-the-Trainer
                              TABLE OF CONTENTS
TRAIN-THE-TRAINER

       Objectives	1
       Introduction	.. 3
             Purpose of the Course	3
             Objectives	3
       Principles of Adult Learning	4
             Motivating Adult Learners	4
             Curriculum Design for Adult Learners	4
             Working with Adult Learners in the Classroom	4
             Instructional  Methods/Learning Styles 	5
       Presentation Methods  	5
       Public Speaking Skills	6
             Effective Public Speaking Skills	6
             Suggestions for Overcoming Fear of Public Speaking	8
       Facilitation Techniques	10
             Introductions and Icebreakers	 10
             Active Listening Techniques	 10
             Asking Effective Questions  	11
             Guidelines for Giving Feedback	12
             Techniques to Control Problem Students and Engage Non-Participants . 13
       Review  	 14
       Logistics  	 15
             Planning a Training Session	 15
             Classroom Configuration	 16
       Worker Protection Inspection Course Materials  	16
       Course Summary	 . .	16
       References	 18 '
       Review Questions   	19'

       Course Preparation  Checklists  	Appendix A
       Classroom Configurations	Appendix B
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Worker Protection Inspection Course                                                  Train-the-Trainer
                                         OBJECTIVES

                  Given the Worker Protection Inspection Course (WPIC) materials, be able
                  to prepare for and present the WPIC using appropriate adult learning
                  theory and accepted training presentation methods.

                  Given class discussions and inspection experiences, identify Worker Protection
                  requirements that are State-specific.
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Worker Protection Inspection Course                                           Train-the-Trainer
                                 INTRODUCTION
Purpose of the Course

The purpose of the Worker Protection Train-the-Trainer course is to accomplish two
goals.  The first goal is to provide future course instructors with the information and tools
necessary to effectively teach the Worker Protection Inspection Course (WPIC).  These
tools include written instructor/student training modules, which address the principles of
adult learning and presentation methods, as well as the specific components of a worker
protection inspection. These training materials can be presented to state audiences.

The second goal of this course is to provide the inspector with detailed guidance and
inspection tools, so that he/she is prepared to conduct worker protection inspections.
Inspector tools include the Worker Protection Inspection Guidance Manual, the Pocket
Guide, and the Inspection Checklists.  The following modules will be presented at this
course:  WPIC Train-The-Trainer Course, WPIC Introduction, and course modules one
through eleven. These modules include the following topics: Background on the Revised
Worker Protection Standard, Purpose  and Goals of Compliance Monitoring, Health and
Safety, Components of Worker Protection Inspections; Targeting Inspections, Preparation
for  Inspections, Documentation for Inspections, Report Writing, Follow-Up
Investigations, Compliance Assistance, and Retaliation.
Objectives
                                            •
•     Given the Worker Protection Inspection Course (WPIC) materials, be able to
      prepare for and present the WPIC using appropriate adult learning theory and
      accepted training presentation methods.

•     Given class discussions and inspection experiences, identify Worker
      Protection  requirements that are State-specific.
February 1994                              3                             Student Manujl

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                        PRINCIPLES OF ADULT LEARNING
Motivating Adult Learners

Adults:

•      Need a reason to learn.

•      Seek learning experiences which directly relate to their lives.

•      Are willing to engage in learning experiences if the learning will help them cope
       with a change in their life.


Curriculum Design for Adult Learners

Adults:

•      Prefer single-concept, single-theory courses that focus on how to apply that
       concept to relevant problems.

•      Tend to be less interested in survey courses.

•      Need to be able to integrate new ideas with what they already know.


Working with Adult Learners in the Classroom

•      The learning environment must be physically and psychologically comfortable.

•      Giving effective feedback can help students maintain self-esteem while learning
       new tasks or behaviors.

•      It is critical to take time to clarify and articulate all expectations before getting
       into content. Learners and trainers must understand the objectives and the goals
       of the course.
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•      The key to the instructor role is time management.  The instructor must balance:
       • •    presentation of new material
       • •    debate
       • •    discussion
       • •    sharing of relevant trainee experiences

•      The instructor is responsible for ensuring:
       • •    that all questions are answered
       • •    that the complete course contents are taught
       • •    that learning proceeds in an orderly manner


Instructional Methods/Learning Styles

•      Some adults learn best with visual stimuli (e.g., pictures, slides, video).
•      Others learn best through auditory stimuli (e.g., spoken word, audio tapes).
•      All adult learners learn best by doing.
                            PRESENTATION METHODS
Presentation methods are instructional strategies developed and/or implemented by the
instructor.  The purpose of employing a variety of presentation methods is to provide the
most effective method for teaching specific content and/or processes and to satisfy
different learning styles.  The following presentation methods are those used in the WPIC
Train-the-Trainer Course.

Lecture or explanation

•     verbal presentation by the instructor
•     useful for disseminating large amounts of material in a relatively short time

Lecture and discussion

•     instructor-controlled sharing of information by the students
•     provides for the dissemination of large amounts of information in a relatively short
      period of time with audience interaction
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 Role play

 •      demands considerable involvement, not only for the role play participants, but also
       for the observers, who learn by discussing the behaviors displayed and by giving
       feedback

 Case studies

 •      written or verbal presentation of a relevant incident
 •      invites diagnosis, discussion, and/or suggestions for solution

 Brainstorming

 •      technique used by two or more persons for generating ideas

Tutoring

 •      individual instruction of a trainee on an informal or formal basis

Drill or practice exercises

 •      method of mastery through the repetitive learning of fixed answers to specific
       situations and conditions
                            PUBLIC SPEAKING SKILLS
Effective Public Speaking Skills

Instructor-led training, including lectures, discussions, demonstrations, etc., is probahK
most common method of training.  Instructors can improve their training effectiveno*
using public speaking skills.  Effective public speaking skills include:

Eye Contact

•      Use to establish credibility/confidence
•      Establish rapport
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Worker Protection Inspection Course              ,                            Train-the-Trainer


•     Get to know audience
•     Look directly at eyes
•     Look at whole audience

Body Movement
      Position (move from "base")
      Stance/posture
      Purposeful movement
Facial Expression

•     Variety
•     Animated
•     Smile
•     Convey emotion
Voice
•     Variety
•     Silence/pauses
•     Pace
•     Volume
•     Accent/emphasis
•     Enunciation

Gestures

•     Purposeful
•     Variety
•     Conversational
•     Natural/spontaneous

Avoid Crutch Words or Phrases

.     "Like" and "Urn" (Use a pause instead)
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 Suggestions for Overcoming Fear of Public Speaking

 Speaking before a group can be a stressful experience.  To overcome a fear of speaking
 before a group you should be well-prepared. By following these guidelines prior to and
 during the training presentation, you can reduce anxiety associated with presentations.
Logistics

•      Check the facilities and audio-visual equipment in advance.

•      Make sure that handouts and other materials are prepared in advance.

•      Prepare an outline and follow it (e.g., Instructor Manual).

•      Manage your appearance (dress comfortably and appropriately).


Preparation

•      Know 'the material well (be alert).

•      Practice your presentation (conduct a "dress-rehearsal" and possibly practice in
       front of a mirror).

•      Anticipate potential problems and prepare responses.

•      Obtain information about the group in advance (know your audience).

•      Prepare to be physically and psychologically alert.

•      Introduce yourself to individual group members in advance.

•      Practice responses to tough questions or situations.
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In-Class

•      Use involvement techniques (participation).

•      Learn participants' names and use them.

•      Use eye contact to establish rapport.

•      Convince yourself to relax (breathe deeply, meditate, talk to yourself).

•      Use your own style.

•      Use your own words.

•      Put yourself in the audience's shoes.

•      Assume the audience is on your side.  They are there to learn and believe that
       you know more than they do.

•      Provide an  overview of the presentation when you start (state the end objectives).

•      Accept some  fears as being good (energizing stress vs. destructive stress).

•      Identify your fears, categorize them as controllable or uncontrollable, and confront
       them.

•      Give  special emphasis to  the first five minutes of your presentation; be extra
       prepared for the start of your presentation as this is when you establish credibility.

•      Imagine yourself as a good speaker (and enjoy reaping the benefits of a self-
       fulfilling prophecy).

•      Do not be afraid to answer a question with "I don't know" and get back to the
       individual with an answer.  Make note of the question and answer for future use.
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                           FACILITATION TECHNIQUES
There are several techniques for facilitating adult learning that go beyond basic public
speaking skills.
Introductions and Icebreakers

Introductions and icebreakers are used to gain attention and motivate the students.
Some approaches for introducing a module include:

•     State the purpose of the module.

•     Review the module objectives.  Relating the objectives to the future work
      assignments will make the learning more meaningful to the students.

•     Relate the topic to previously covered content.

•     State the topics that will be covered  in the module.

•     Share a personal experience. Using  real life examples demonstrates how the
      knowledge can be used.

•     Use humor, such as a  funny incident or relevant cartoon.

•     Use an icebreaker exercise or a game. These techniques can be used to acquaint
      students with one another, reduce tension and focus the groups' efforts, and to
      build relationships among team members.
Active Listening Techniques

Active listening includes both verbal and non-verbal communication. To communicate
effectively, trainers must master both techniques.

•     Non-verbal communication techniques include:
      • •    facing the students
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       • •    maintaining eye contact
       • •    moving among the students
       • •    leaning towards the speaker
       • •    avoiding distracting behaviors

•      Effective verbal communication involves:
       • •    confirming your understanding of what has been said by rephrasing what
             the student has said.  For example, respond by saying:

                             "So what you are saying is..."

                                        OR

                            "What I am hearing is that..."


Asking Effective Questions

Asking effective questions can be used to determine the student's level of understanding.

•     Ask questions of the  entire group.

•     Target questions to individual learners.

•     Vary your question format.

•     Avoid 'yes/no" or closed-ended questions.

•     Repeat the question and/or answer to  make sure that everyone heard.  For
      example:

                              "Allison's question was..."

                                        OR

                                "Joe's answer was..."

•     Ask for help from the rest of the class when students have questions or are only
      partially correct in their answers.

•     Provide positive reinforcement after students respond.  For example:


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                                 "That's right, Chris."

                                        OR

                             "Good idea, Maria. Thanks."


Guidelines for Giving Feedback

Feedback serves three functions in promoting learning. Feedback:

•      Tells whether responses are correct, allowing students to make the necessary
       adjustments to their behavior.

•      Makes learning more interesting.

•      Leads to the setting of specific goals for maintaining or improving performance.

For feedback to be effective, there are several guidelines to be followed.  As each
guideline is presented, note in the following example where that guideline has been
followed.

       "Joe, this report is very good.  I know the time was limited, but you did a
       good job of including all of the pertinent information, including the who,
       what, how, why, and where of the incident. However, I might have
       included the information on when the incident occurred by adding the date
       and time."


•      Direct the  comments to the individual and clearly address  the person.

•      Maintain and enhance self-esteem.  Build confidence.

•      Point out what was done correctly.

•      Be specific.  Describe exact behavior. Give descriptive rather than evaluative
       feedback.  Give specific rather than general feedback.

•      Offer alternative positive behavior.  Suggest other ways for doing the same task.
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Techniques to Control Problem Students and Engage Non-Participants
The Over-Participant

If you have a person who wants to participate too much, thank the participant for his/her
contribution, then ask others for comments.
The Non-Participant

If the student appears shy, ask questions to the group. Make eye contact with the
student, and try to gauge when he/she is ready to join in.

If the student appears bored, try to ask questions that might relate to the individual's
interests or  areas of expertise, and/or direct questions to the individual so that the group
can benefit  from his/her experience.

If the student is not cooperative, try creating  a team-like atmosphere.
The Anti-Participant

If the student continuously objects and disrupts the group, acknowledge the individual
and ask for reactions from other students.

If the student digresses, remind him/her of the primary topic.

If several students have a side conversation, pause and then ask if they would like to
offer an example to the group.

Alternative approaches to handling students who continuously disrupt the group include
the following:
             Establish "Ground Rules"  At the beginning of the presentation, have the
             class brainstorm a list of "rules" which are not to be broken during this
             class. For example, the class may want a "No interrupting" rule.  It is
             important to ensure that all of the rules posted were created from class
             consensus.  This will gain their acceptance of the  Ground Rules.  If, at any
             time, the class wishes to add a rule that was not originally included, feel
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              free to stop the class long enough to revise the list of rules. This list should
              be posted in a location visible to the entire class.

              An extension of the  "Ground Rules" would be to have the class also
              develop a punishment  for those in the class who persistently violate the
              Ground Rules.  For  example, a punishment may be that it will cost the
              violator a quarter ($.25) every time he/she breaks a rule.

       •      Create a "Parking Lot" Basically, this is a list of "heated" questions or
              issues which may arise during your presentation, which produce "active"
              class discussion, but will take more time to resolve than the time scheduled.
              After the discussion  has become sidetracked from the original topic, the
              instructor simply interrupts with a sentence like:  "This is obviously a point
              of concern, why don't we put it in the parking lot (usually a sheet of
              flipchart paper), and finish this discussion at the end of this lesson." This
              approach allows the  instructor an opportunity to either "derail"
              conversation a which is not productive to the current topic, or delay
              resolution to an issue which is important to the participants, though not
              directly relevant to the topic at hand.

       •      Suggest a one-on-one discussion after the presentation.  Most of the time, the
              discussion will never take place because the person will not remember what
              the issue was about.
                                       REVIEW
Incorporating adult learning principles into training involves:

•      Providing a reason to learn in order to motivate adult learners.
•      Designing a relevant, interactive curriculum.
•      Creating a comfortable, "safe" environment for adults in the classroom.
•      Incorporating a variety of instructional strategies to accommodate different
       learning styles.
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Employing a variety of presentation methods is most effective for teaching specific
content and/or processes to satisfy different learning styles. Presentation methods
include:

•      Lecture or explanation
•      Lecture and discussion
•      Role plays
•      Case studies
•      Brainstorming
•      Tutoring
•      Drill or practice exercises

Instructors can improve their training effectiveness by using public speaking skills. Public
speaking skills involve:

•      Eye contact
•      Body movement
•      Facial expression
•      Voice
•      Gestures
•      Avoid crutch words or phrases
•      Being prepared

Facilitation techniques can be used to enhance learning, control problem students and
engage non-participants. These techniques involve:

•      Introductions and icebreakers
•      Active  listening techniques
•      Asking effective questions
•      Feedback
•      Dealing with problem participants
                                    LOGISTICS
Planning a Training Session

A training session can be affected by a large number of factors.  Concerns such as site
reservations, lighting and heating, noise, supplies and equipment can cause an otherwise
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Train-the-Trainer	Worker Protection Inspection Course


excellent training program to fail.  Giving adequate time and consideration to the logistics
of a training session can eliminate many of the possible "glitches" that can occur in a
training setting.

A series of checklists have been developed to assist you in the planning of a training
session. It begins with the scheduling of the facility and ends with checking "loose-ends."
These checklists can be found in Appendix A in your manual.


Classroom Configuration

The configuration of the furniture in the classroom can impact the effectiveness of the
delivery of a training program. When planning a training program, keep in mind the
mobility of the furniture in the classroom.  A worksheet with the advantages and
disadvantages of the various configurations has been provided in Appendix B in your
manual.
           WORKER PROTECTION INSPECTION COURSE MATERIALS
The Worker Protection Inspection Course consists of eleven modules developed with the
adult learning principles described above.  Each module will now be presented to you m
detail so you will be familiar with the materials. Follow along in the modules as the
material is presented.  Note the difference between the Instructor Manual and Student
Manual.
                               COURSE SUMMARY
Extensive research has been done to study characteristics of adult learners. Ideas th.it
have been widely accepted fall into four main categories: 1) motivating adult learncrv  .'
designing curriculum for adult learners, 3) working with adult learners in the classroom.
and 4) teaching instructional methods/learning styles.
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Worker Protection Inspection Course                                           Train-the-Trainer


A trainer's instructional methods are the keys to successful teaching.  Depending on the
material to be taught, one or more methods may be used at a time.  Various methods
are employed in the Worker Protection Inspection Course.

When speaking before a group, one should be aware of both verbal and non-verbal
communication, such as voice, body movements, eye contact, and facial expression.  To
overcome nervousness, you should prepare by reviewing the material, coordinating  the
logistics, checking the equipment, etc.

Questioning techniques, active listening skills,  introductions and icebreakers, and effective
feedback can help instructors facilitate the learning process.  These techniques can also
be used when dealing with problem participants or engaging non-participants.

Thorough planning and preparation for training can help a training session run smoothly.
The checklists provided were designed to help you effectively prepare for teaching the
WPIC.

The content and format of the WPIC materials were presented. The topics covered in
the WPIC include Background on the Worker Protection Standard, Purpose and Goals
of Compliance Monitoring, Health and Safety, Components of Worker Protection
Inspections, Targeting Inspections, Preparation for Inspections, Documentation for
Inspections, Report Writing, Follow-Up Investigations, Compliance Assistance, and
Retaliation.

The instructor and student manuals  have the same content material.  In addition, the
instructor manual is equipped with several tools to assist in the presentation of the
material which are not included in the student manual. These include Instructor Notev
Icon Key, Answers to Review Questions, and  Instructional Aids. In the student manual.
the Appendices include copies of any additional materials the student may need, (e.g..
exercises, case studies, etc.).
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Train-the- Trainer
               Worker Protection Inspection Course
                                   REFERENCES
U.S. Environmental Protection Agency, 1993, Worker Protection Inspection Course:
       Instructor Manual, Washington, D.C.

"30 Things We Know for Sure About Adult Learning," Training. June 1981, p. 45-52.
Student Manual
18
February 1994

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Worker Protection Inspection Course
                               Train-the-Trainer
                                REVIEW QUESTIONS
1.     Incorporating adult learning principles into training involves:  (List two)
2.      In terms of adult learning theory, adults prefer
                    concept,
       theory courses that focus on how to apply the information to relevant problems.
3.      What are seven presentation methods used to motivate different types of learners?
February 1994
19
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Train-the- Trainer
                                                  Worker Protection Inspection Course
4.     List three important public speaking skills:
5.
Complete the sentences in Column I by matching the appropriate term from
Column II:
               Column I

             gain(s) attention and
             motivate(s) students.

             clarify(s) and confirm(s)
             what has been said.

             include(s) both verbal and
             non-verbal communication.

             tell(s) whether responses
             are correct, make(s)
             learning more interesting,
             and lead(s) to the setting
             of specific goals for
             maintaining or improving
             performance.
                                                     Column II

                                       A.    Feedback

                                       B.    Effective questions

                                       C.    Introductions and icebreakers

                                       D.    Active listening techniques
Student Manual
                                  20
February 1994

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Appendix A

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              WORKER PROTECTION INSPECTION COURSE
                        Pre-Course Checklist
 INSTRUCTIONS:  Use the following set of checklists when planning a
                  training session.
Course:
                          SCHEDULING
Location:	       (U
Dates:       	.	       L_J


Agenda:     	       CD



Contact person & phone number of:                                      CD

D      hotel:                  	

D      conference room:        	

D      catering service:         	

D      reproduction services:    	

D      transportation:          	

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              WORKER PROTECTION INSPECTION COURSE
                         Pre-Course Checklist
                          PARTICIPANTS
Contact Regions for update on participants                               D

Compile participant list                                                D

Participant Kit                                                        D
D     letter
D     agenda
D     information sheet about hotel, etc.
D     map (if applicable)

Send out letters to participants                                          CD

Travel arrangements                                                   C]
       arrival and departure times

Special dietary requirements                                            D

Editing of name tags                                                   d

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              WORKER PROTECTION INSPECTION COURSE
                        Pre-Course Checklist
                      TRAINING FACILITY
                                                                      HT
Last day to cancel (without incurring cost)                                D

Confirmation of classroom                                              d

Classroom layout                                                      CD
D     ceiling height
D     table arrangements
D     acoustics

Break-out rooms (if required)                                           O



Layout/map of facility                                                  CD

Signs to put on training room doors                                      CD

Reproduction capabilities                                               CD

Person to contact for assistance   	           CD


Telephone numbers 	           CD


FAX numbers	           D

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              WORKER PROTECTION INSPECTION COURSE
                          Pre-Course Checklist
                  TRAINING FACILITY (Continued)
General equipment required                                              CD
D     overhead projector
D     slide projector
D     screen
D     extension cord
D     extra projector bulbs
D     special equipment required by instructors
D     pencil sharpener
D     chalk/eraser
D     flipchart stands/paper
D     podium/speaker's table
D     microphone

Personal Protective Equipment (PPE) display                               D
D     chemical-resistant suit
D     chemical-resistant gloves
D     chemical-resistant footwear
D     respiratory protection devices
D     chemical-resistant headgear
D     chemical-resistant apron
D     coveralls
D     long-sleeved shirt
D     long pants
D     protective eyewear
D     two long tables for PPE display
D     PPE guidance brochures

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             WORKER PROTECTION INSPECTION COURSE
                        Pre-Course Checklist
                        LODGING\MEALS                            &



Reservation of rooms                                                  CD


Welcome table for registration                                           d


Meal/menu plan                                                       D


Mail/messages                                                         CD


Phone numbers to know                                                O


Location of telephones and FAX machine for participant use                D


Social information (if applicable)                                         D


Brochure                                                             CD


Purchase order and purchase request (if required)                          U


Conference room/breakout rooms equipment available                      LJ


Recreational and  exercise information                                    Q


Contact personnel and numbers                                          D

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                 WORKER PROTECTION INSPECTION COURSE
                           Pre-Course Checklist
                   SUPPLIES/EQUIPMENT TO ORDER


Supply company name:   • _.. .	
                                                                 n
                                                                 n
                                                                 n
                                                                 n
                                                                 n
                                                                 n
                                                                 n
                                                                 n
                                                                 n
                                                                 n
                                                                 n
                                                                 n
                                                                 n
                                                                 n

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             WORKER PROTECTION INSPECTION COURSE
                        Pre-Course Checklist
                     COURSE NOTEBOOKS
                          (if applicable)

Covers                                                             O

Spines                                                             CD

Tabs                                                               D

Hardcopies of transparencies                                           CD

Evaluation critiques                                                  D

Agenda/course overview                                               CD

Reserve room two days before course to assemble modules                 CD


                   CERTIFICATES/MEMENTOS
                          (if applicable)

Confirm mementos                                                   CD

Compile full names of students                                         CD

Graphics with layout                                                  CD

Printer                                                             CD


Calligrapher                                                         D


Signature          .                                                  I—I

Frames                                                             CD

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              WORKER PROTECTION INSPECTION COURSE
                       Course Conduct Checklist
                       PRIOR TO FIRST DAY


Inspect supplies, equipment, layout of conference room/classroom            O
and physical aspects of conference room/classroom

Familiarize yourself with classroom/social room to see if adequate            O

Become familiar with the layout of the local area                          O

Check reproduction for accuracy                                         D


                          REGISTRATION

Check layout of classroom, assignment/arrangement of                      C]
table groups

Set up name tags and course modules                                     O

Physical check of AV equipment (e.g., functioning)                         O

Lay out supply table                                                    D

Social layout and arrangements (if applicable)                              U

Set up photographer for class picture (if applicable)                        d

Confirm dinner arrangements (if applicable)                               CD

Set up welcoming table                                                 O

Receive students/hand out welcoming package/fill in check-in sheet           O

Check refreshment set-up                                               D

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                   WORKER PROTECTION INSPECTION COURSE
                            Course Conduct Checklist
                               NORMAL DAY



      Open classroom                                                       d


      Check classroom for set-up: equipment, course modules                     LJ


      Supplies for students are ready                                          D


      Check on snack set-up (inventory sodas)                                  D


      Confirm lunch and dinner arrangements (if applicable)                      CD



                            PANEL SESSION DAY

(Normal day +)


      Conference set-up for presenters                                         CD


      Check AV equipment                                                   D


      Confirm presenters                                                     L~3
            names, transportation, arrival time


                                  LAST DAY


      Set out boxes, duct tape, mailing labels, scissors                            U


      Arrange for boxed lunches (if needed)                                    LJ


      Arrange transportation for students/presenters (if needed)                   LJ


      Pack up left over supplies and materials                                   D


      Take boxes to be mailed to post office                                    U

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              WORKER PROTECTION INSPECTION COURSE
                        Post-Course Checklist
                         EVALUATIONS
                           (if applicable)
Make copies of course critiques


Compile immediate data from course critiques


Mail out "Week-After Critiques" to participants


Mail out "Six Month Critique" to participants



                             LETTERS



Send thank-you letters to:

D    participants

D    lodging facility

D    training personnel

D    any special recognition personnel



                          CERTIFICATES
                           (if applicable)


Mail out participant certificates



                        COURSE MODULES



Copy completed course modules for OCM library


Compile final  administration notebook

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             WORKER PROTECTION INSPECTION COURSE
                        Post-Course Checklist
                           WRAPUP



New materials concepts                                                CD


Changes in policy or procedures                                         O


Course critiques                                                      CD


Instructor and student manuals                                          CD




                          LOOSE ENDS

Follow up on any purchase orders or purchase requests cut

for program (if applicable)                                             CD


Answer any "hate mail"                                                CD

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Appendix B

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                                                  Traln-the-Tnri»rr
                                               Classroom ConflfurattoiM
            Configuration

U-Shaped Classroom


Q
(3

Q
a







II II




1 1








ID
D

e>
D

         CD

Variation of U-Shaped
         CU
           (D
Conducive to interaction
between instructor and
student and among
students
Allows for eye contact
Minimal obstructions for
viewing instructor
Works well with audio-
visuals
Conducive to interaction
between instructor and
student and among
students
Allows for eye contact
Minimal obstructions for
viewing instructor
Works well with audio-
visuals
Extra time required for set-up
and take down
More space required for
configuration
Extra time required for set-up
and take down
More space required for
configuration

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             Configuration

Circular          CD
Variation of Circular
                    0
        CP
    Train-the-Trainer
Classroom Configurations

       Advantages

   Conducive to interaction
   between instructor and
   student and among
   students
   Allows for eye contact
Conducive to interaction
between instructor and
student and  among
students
Allows for eye contact
                                            Disadvantages

                                      Not desirable if visuals are to be
                                      used
                                      Instructor can get in the way of
                                      student to student discussion
                                         Not desirable if visuals are to be
                                         used
                                         Inappropriate if students will need
                                         to write
                                         Instructor can get in the way of
                                         student to student discussion

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                                                    Train-the-Trainer
                                                 Classroom Configurations
             Configuration
Separate Configuration
     (2)               Q

a        ID     a
              CD

D
Q

    Advantages

Good when the students
must work closely together
(small group instruction,
problem solving, and case
studies)
            Disadvantages

      Not desirable if instructor is
      presenting information or using
      audio-visuals
Variation of Separate Configuration
Good when the students
must work closely together
(small group instruction,
problem solving, and case
studies)
•     Not desirable if instructor is
      presenting information or using
      audio-visuals

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                                                    Train-the-Trainer
                                                 Classroom Configurations
             Configuration

Typical Training Classroom
                                  Q
                 CD
Variation ol Typical Training Classroom
                        QQ
                       cm
    Advantages

Establishes a formal
learning environment
Effective in limited space
Appropriate for instruction
requiring little or no
instructor/student
interaction (e.g. computer-
based instruction)
Establishes a formal
learning environment
Effective in limited space
Appropriate for instruction
requiring little or no
instructor/student
interaction (e.g. computer-
based instruction)
      Disadvantages

Not conducive to interaction
among students
Eye contact difficult to maintain
Interaction between student and
instructor difficult because access
to rear rows is restricted
NOTE: This setup is not
recommended for the WPIC.  If
you find a location with immobile
furniture in this configuration,
make alternative plans for
conducting the training elsewhere
Not conducive to interaction
among students
Eye contact difficult to maintain
Interaction between student and
instructor difficult because access
to rear rows is restricted
NOTE: This setup is not
recommended for the WPIC.  If
you find a location with immobile
furniture in this configuration,
make alternative plans for
conducting the training elsewhere

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    Inspector Training Program
Worker Protection Inspection Course
        Introduction
            Student Manual

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Worker Protection Inspection Course
   Introduction
                             TABLE OF CONTENTS
INTRODUCTION
      Course Objectives	~. . . .  1
      Welcome and Introductions	3
             Welcome Students to the Course	3
             Goal and Objectives of the Course	3
             Exercise  	4
      Overview	4
      Module Descriptions
February 1994
Student Manual

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Introduction                                            Worker Protection Inspection Course
                  [THIS PAGE INTENTIONALLY LEFT BLANK]
Student Manual                           ii                            February 1994

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Worker Protection Inspection Course                                                      Introduction
                                   COURSE OBJECTIVES

      At the end of the course, you will be able to:

             •      Assure compliance with the Revised Worker Protection Standard.

             •      Protect the health and safety of workers and handlers by
                    implementing the worker protection requirements including those
                    requirements for Personal Protective Equipment (PPE) and
                    Decontamination.

             •      Conduct  Worker Protection Inspections according to the Revised
                    Worker Protection Standard and provide compliance assistance.

                    Identify priorities for Worker Protection Inspections.

             •      Document all inspection activities and findings with accurate and
                    inclusive  information.

             •      Write Inspection Reports that are accurate, objective, and relevant.

             •      Conduct  Follow-Up Investigations to substantiate and document
                    alleged noncompliance activities within the required inspection time
                    frame.
February 1994                                   1                                 Student MJRUJ!

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Introduction                                             Worker Protection Jr..-section Course
                  [THIS PAGE INTENTIONALLY LEFT BLANK]
Student Manual                            2                             February

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Worker Protection Inspection Course                                              Introduction
                        WELCOME & INTRODUCTIONS
Welcome Students to the Course

Good morning and welcome to the Worker Protection Inspection Course.


Goal and Objectives of the Course

The goal of the Worker Protection Inspection Course is to provide you with the
necessary information and tools that will enable you to conduct consistent and effective
Worker Protection Inspections.

At the end of the course, you will be able to:

       •      Assure compliance with the Revised Worker Protection Standard.

       •      Protect the health and safety of workers and handlers by
             implementing the worker protection requirements including those
             requirements for Personal Protective Equipment (PPE) and
             Decontamination.

       •      Conduct Worker Protection Inspections according to the Revised
             Worker Protection Standard and provide compliance assistance.

       •      Identify priorities for Worker Protection Inspections.

       •      Document all inspection activities and findings with accurate and
             inclusive information.

       •      Write Inspection Reports that are accurate, objective, and relevant.

       •      Conduct Follow-Up Investigations to substantiate and document
             alleged noncompliance activities within the required inspection time
             frame.
February 1994    ,                          3                             Student Manual

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Introduction
Worker Protection Inspection Course
                                    EXERCISE
                                   OVERVIEW
The Worker Protection Inspection Course is a two day course. The Office of
Compliance Monitoring may add a third day to include mock Worker Protection
Inspections.

The course is comprised of eleven modules - each having its own Instructor Manual and
Student Manual.  The modules were designed for individual use by you.  For example,
after the course, you may use your Student Manuals as a source of reference and select
only those modules that fulfill your immediate needs.  For your convenience,  a
description of each module is located at the end of your Student Manual.

Throughout the course, you may be asked to use the following support materials during
practice exercises:
             Worker Protection Inspection Guidance and Checklists
             Worker Protection Field Inspection Pocket Guide
The Worker Protection Inspection Guidance is a detailed explanation of the labeling
requirements in 40 CFR part 156, subpart K and the Worker Protection Standard (WPS)
requirements in 40 CFR part 170. It includes  all of the requirements mandated by the
law and the associated compliance dates.  The guidance is useful as a reference tool
because it explains the law in language that  is  easy to understand.

Worker Protection Checklists have been developed, each  addresses a different type of
Worker Protection Inspection. The checklists  are as follows:

       •      Registrant/Producer Establishment/Marketplace/Dealer Inspections
       •      Farms/Forests/Nurseries/Greenhouse/Use Inspections
Student Manual
                February

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Worker Protection Inspection Course                                               Introduction


Refer to Appendix D of the Worker Protection Inspection Guidance for instructions on
how to use these checklists.

The Worker Protection Field Inspection Pocket Guide is a compact reference tool.  It
was designed to help inspectors ensure compliance with the WPS while conducting
Worker Protection Inspections.  It was derived from the Worker Protection Inspection
Guidance.  The pocket guide is most useful when used in conjunction with the Inspection
Checklists.
February 1994                               5                              Student Ma«u*J

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Module Descriptions

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                         Worker Protection Inspection Course
                                Module Descriptions
Module One: Background on the Revised Worker Protection Standard.  A historical
perspective of and an introduction to the Revised Worker Protection Standard.

Module Two: Purpose and Goals of Compliance Monitoring. An overview of the Worker
Protection Compliance Monitoring Strategy which includes the provision for compliance
assistance and the effective compliance dates associated with Worker Protection
Inspections.

Module Three: Health and Safety.  A discussion of the proper and improper uses of
Personal Protective Equipment (PPE), and their effectiveness in protecting the health
and safety of workers and handlers.  It provides an explanation of the toxicity categories
of pesticide products, and the requirements for PPE  and decontamination sites that
impact those pesticide products and Worker Protection Inspections.

Module Four: Components of Worker Protection Inspections. A presentation of the Worker
Protection Requirements and the different types of Worker Protection Inspections.
Topics include general and product-specific requirements for Registrant/Producer
Establishment and Marketplace/Dealer Inspections; requirements for Use Inspections,
and descriptions of the checklists  designed for each type of inspection.

Module Five: Targeting Inspections.  A discussion of the Risk-Based (R-B) Targeting
Approach, a proposed system to target facilities for Worker  Protection Inspections.  It
used, this approach may lend some conformity to targeting systems nationwide. This
module also explains the two kinds of Risk-Based (R-B) Targeting Matrices used for R B
Targeting,  and the benefits of using this system.

Module Six: Preparation for Inspections.  A presentation of pre-inspection activities t. -r
Worker Protection Inspections. It recalls the basics of preparing for an inspection *>-,Kh
is also covered in basic inspector training.  This module also provides the inspector *"h
such information as, examining background information, preparing an Inspection P!.m.
and gathering the appropriate equipment. These general principles are then applied •••' .
Worker Protection Inspections which will enable inspectors to perform the most ettc
and efficient inspections.

Module Seven: Documentation for Inspections.  An explanation- of the procedures for
documenting evidence to ensure that the evidence collected will be admissible  in court
It also provides procedures for evidence documentation.

Module Eight:  Report  Writing.  A discussion of procedures for writing an Inspection
Report that is accurate, objective, and relevant.  It also describes the acceptable and
unacceptable characteristics of an Inspection Report. The purpose of an Inspection
Report is to present a complete and factual account  of the inspection process.

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Module Nine: Follow-Up Investigations. A discussion of how to plan and conduct Follow-
Up Investigations. The primary objective of a Follow-Up Investigation is to develop the
necessary evidence to support any enforcement action that may be taken as the result of
noncompliance.

Supplemental Modules.  In addition to the nine modules described previously, two
additional modules have been developed.  These modules cover the topics of Compliance
Assistance and Retaliation.

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r
        Inspector Training Program
     Worker Protection Inspection Course

           Module One:
    Background on the Revised
      »rker Protection Standard
               Student Manual

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Worker Protection Inspection Course             Background on the Revised Worker Protection Standard
                            TABLE OF CONTENTS
MODULE ONE:   BACKGROUND ON THE REVISED WORKER PROTECTION
                  STANDARD

      Objective	1
      Introduction	3
            Purpose	3
            Objective	3
            How Module is Linked with Other Modules	3
      The Revised Worker Protection Standard	4
            History  	4
            EPA Authority	5
      Worker Protection Statements Based on 40 CFR Part 156, Subpart K	5
            Product  Compliance Dates  	6
            Labeling Requirements	6
            Exercise	.7
      Worker Protection Standards Based on 40 CFR Part 170	7
            Exceptions for Workers and Handlers . . .	S
            Overview of the Revised WPS	y
      Review  	  11
      Exercise	  13
      Summary	  13
      References	  15
      Review Questions	  I f>

      Module One Attachments
February 1994                             i                Module One: Student Manual

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Background on the Revised Worker Protection Standard               Worker Protection Inspection Course
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Module One:  Student Manual                  ii                              February

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Worker Protection Inspection Course                Background on the Revised Worker Protection Standard
                                        OBJECTIVE

                    Given the Worker Protection Statements and the requirements of the
                    Revised Worker Protection Standard (WPS), be able to identify
                    (match) the statements and requirements with the appropriate
                    Federal citation number according to the Revised WPS.
February 1994                                   1                    Module One: Student Manual

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Background on the Revised Worker Protection Standard              Worker Protection Inspection Course
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Module One: Student Manual                 2                              Februan

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Worker Protection Inspection Course              Background on the Revised Worker Protection Standard
                                 INTRODUCTION
Purpose

The U.S. Environmental Protection Agency has issued the final revisions to regulations
which govern the protection of agricultural workers and pesticide handlers. These
revised regulations expand the scope of the Standard to include not only workers
performing hand labor, but employees in forests, nurseries, and greenhouses, and
employers who handle (mix, load, apply) pesticides for use in these locations.  The
purpose of this module is to introduce the Revised Worker Protection Standard, and to
provide some insight into the  evolution of this regulation.
Objective

•     Given the Worker Protection Statements and the requirements of the Revised
      Worker Protection Standard (WPS), be able to identify (match) the statements
      and requirements with the appropriate Federal citation number according to i
      Revised WPS.
How Module is Linked with Other Modules

This module will create the foundation upon which all subsequent modules will be
Module One explains who is affected by the Revised Standard, who must comply, ami
the history of the Worker Protection Legislation. Module Two will specifically addrc\»
"when" the new regulation takes effect.
February 1994                              3                 Module One:  Student Manual-

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Background on the Revised Worker Protection Standard              Worker Protection Inspection Course
                THE REVISED WORKER PROTECTION STANDARD
History

The Environmental Protection Agency (EPA) revised its Worker Protection Standard
(WPS) for Agriculture Pesticides in August 1992. The Revised Standard became
effective on October 20, 1992. Prior to this revision, worker protection was regulated by
the previous 40 CFR part 170, put into effect in 1974, and product-specific requirements
of some specific pesticides. EPA discovered that these regulations were inadequate to
protect agricultural workers and handlers.  In fact, studies revealed that tens of thousands
of acute injuries and illnesses occur each year as a result of occupational exposure to
pesticides.

In 1983, the. Agency reviewed 40 CFR part 170 and concluded that the regulations were
inadequate to protect agricultural workers.  The review revealed concerns  about
enforceability and coverage and cited continuing reports of worker poisonings. In 1984, a
committee was established to revise the Standard. Recommendations for revising the
original Standard, established in 1974, were based on five  major concerns.  These were:

•     Post-1974 data reported to the EPA indicated inadequacies in scope and
      requirements of the earlier part 170.

•     Enforcement experiences of EPA and the States indicated that clearly stating
      liability and responsibility provisions would lead to improved worker protection.

•     Interim measures were needed to protect workers until the pesticide product re-
      registration program was complete.

•     Workers who were not previously protected by part 170 should also be protected.

•     The usage of organophosphate and  carbamate pesticides sharply, increased after
      1974. These pesticides are more acutely toxic to humans than those previously
      used.

After careful review and analysis, EPA established this final rule revising 40 CFR part
170 (Worker Protection Standard) and added part 156, subpart K (Labeling
Requirements for Pesticides and Devices).
Module One:  Student Manual                 4        •                     February 1994-

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Worker Protection Inspection Course              Background on the Revised Worker Protection Standard


The Revised Standard expands the scope of the regulation to include not only workers
performing hand labor operations in fields treated with pesticides, but also workers in
forests, nurseries, and greenhouses, and employees who handle (mix, load, apply, etc.)
pesticides for use in these locations. In addition, the Revised Standard extends warnings
about applications, use of personal protective equipment (PPE), and restrictions on entry
to treated areas.  There are also new provisions for decontamination, emergency
assistance, maintaining contact with handlers of highly toxic pesticides, and pesticide
safety training.  This rule establishes protections that are vital to ensuring the safety of
agricultural employees from the inherent risks associated with pesticide use.

EPA Authority

EPA's authority to implement and enforce the  Worker Protection Standard stems from
the Federal  Insecticide, Fungicide, and Rodenticide Act (FIFRA), which was enacted in
1947  (7 U.S.C.  135), and then amended in 1972 (7 U.S.C. 136).  This legislation requires
that all pesticide products be registered with the EPA and  makes it "unlawful for any
person to use any registered pesticide in a manner inconsistent with its labeling."
Violations of this law are subject to civil and criminal penalties.  In addition to
registration and labeling requirements, the amended Act (FIFRA) charged EPA with
protecting humans and the environment from unreasonable adverse effects of  pesticides.
This includes protecting employees who might be exposed to pesticides or their residues.

Based on this legislation, EPA established the following rules which became effective
October  20,  1992:

•  Labeling Requirements for Pesticides and Devices, 40 CFR part  156, subpart K

•  The Revised Worker Protection Standard, 40 CFR part 170
                             WORKER PROTECTION
                             STATEMENTS BASED ON
                          40 CFR PART 156, SUBPART K
Pesticide registrants are required to make extensive labeling changes in connection with
the Revised Worker Protection Standard. These changes are specified in a separate rule
published at the same time as the Revised Worker Protection Standard:  40 CFR part
February 1994                              5                 Module One: Student Manual.

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Background on the Revised Worker Protection Standard	Worker Protection Inspection Course


156, subpart K, Labeling Requirements for Pesticides and Devices.  The changes must
appear on all products labeled for use in producing agricultural plants on effected
establishments (farms, forests, nurseries, or greenhouses). The specific requirements for
these statements will be discussed in greater  detail in Module Four.

Product Compliance Dates

These product compliance dates will be referred to in later modules. The dates will
impact your inspection tasks. The product compliance dates are as follows:

•      Products bearing the  Revised WPS-required statements may be sold or distributed
       after April 21,  1993.

•      All affected products sold or distributed by registrants after April 21, 1994, must
       bear revised labeling  with the Revised WPS-required statements.

•      All affected products sold or distributed by anyone after October 23, 1995, must
       bear the revised labeling with the Revised WPS-required statements.
Labeling Requirements

Below is a list of the labeling requirements as mandated by 40 CFR part 156, subpart K.
Following each statement, you will find the CFR citation number and the appropriate
page number from the Worker Protection Field Inspection Pocket Guide (IPG).

•     WPS Reference Statement [40 CFR 156.206(b)(l); IPG, page 12]

      This statement requires users to comply with the WPS.

      Application Restrictions [40 CFR 156.206(a); IPG, page 11]

      This statement strictly prohibits the application of a product in any way that will
      result in contact with workers, or other persons, directly or through drift.

.     Product-Type Identification [40 CFR 156.206(c); IPG, page 12]

      This statement indicates whether the product is a fumigant, or contains either an
      organophosphate or an N-methyl carbamate.

      State Restrictions [40 CFR 156.206(d); IPG, page 13]


Module One:  Student Manual                 6                             February 1994

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Worker Protection Inspection Course
Background on the Revised Worker Protection Standard
      This requires the user to comply with all state-specific regulations.

      Spanish Warning Statements [40 CFR 156.206(e); IPG, page 13]

      These are statements which must be translated in both Spanish and English for
      products which are classified in Toxicity Category I or II. The statements must
      contain the appropriate signal words, and a message directing users to have the
      label explained if they do not understand the requirement.

      Product-Specific Statements, including Restricted-Entry Statements [40 CFR
      156.208; IPG, page 14], Notification-to-Workers Statements [40 CFR 156.210;
      IPG, page 16], Personal Protective Equipment Statements [40 CFR 156.212; IPG,
      page 16]

      These statements address restrictions which are product-specific, (i.e., may vary
      from product to product).
                                    EXERCISE
                      WORKER PROTECTION STANDARDS
                           BASED ON 40 CFR PART 170
The provisions in the Revised Worker Protection Standard apply not only to agricultural
workers, as the original rule did, but also to pesticide handlers.  Workers are those
employees who perform tasks related to the cultivation and harvesting of plants on farms
or in greenhouses, nurseries or forests. Handlers are those employees who handle
agricultural pesticides (e.g., mix, load, apply, clean or repair equipment, act as flaggers,
etc.).  These provisions also apply to the employers of workers and the employers of
pesticide handlers.

The Revised Standard covers all pesticides that are  used in the production of agricultural
plants on farms, forests, nurseries, and greenhouses.  An agricultural plant is any  plant
grown or maintained for commercial or research purposes and includes, but is not limited
February 1994
                  Module One: Student Manual

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Background on the Revised Worker Protection Standard              Worker Protection Inspection Course


to, food, feed, and fiber plants; trees; turfgrass; flowers, shrubs; ornamentals; and
seedlings.


Exceptions for Workers and Handlers

There are a few exceptions to the Revised Worker Protection Standard.  If a pesticide is
used on one of these four types of establishments (farms, forests, nurseries, or
greenhouses) for a purpose other than production of agricultural plants, that use is not
covered by the Revised Standard.  The Revised WPS does not apply when the pesticide
is  applied on an agricultural establishment in the following circumstances:

•      for mosquito abatement, Mediterranean fruit fly eradication, or similar wide-area
       public pest control sponsored by governmental entities

•      on livestock or other animals, or in or about animal premises

•      on plants not grown for commercial or research purposes

•      on ornamental plants in gardens, parks, lawns, etc.

•      for uses not directly related to agricultural  plant production (e.g., pastures,
       rangelands, structures, rights-of-way areas, etc.)

•      for control of vertebrate pests

•      as attractants or repellents in traps

•      on the harvested portions of agricultural plants or on harvested timber

•      for research uses of unregistered pesticides

In addition, Subpart B  (Standard for Workers) of the Revised WPS does not apply *hcn.
the pesticide is applied on an agricultural establishment by injection directly into
agricultural plants (not including chemigation, soil-incorporation, soil injection, etc.).
Overview of the Revised WPS
Module One:  Student Manual                  8                               February

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Worker Protection Inspection Course              Background on the Revised Worker Protection Standard


The Revised WPS is organized into two separate standards-one for agricultural workers
and one for pesticide handlers on all covered sites (i.e., farms, forests, greenhouses, and
nurseries). However, for each group (workers and handlers), there are three types of
provisions intended to:

•      eliminate or reduce pesticide exposures

•      mitigate exposures that occur

•      inform employees about the hazards of pesticides


Provisions to Eliminate or Reduce Pesticide Exposures

Exposures to pesticides can be reduced by restricting workers from entering areas treated
with pesticides, prohibiting handlers from applying pesticides in a way that will expose  .
workers, or other persons, and protecting handlers during handling activities. The
Revised WPS contains specific provisions relating to:

•      Notification and Posting of Pesticide Applications  (For Workers [40 CFR 170.120
       & 170.124]; for Handlers [40 CFR 170.224]; IPG, page 21)

       The agricultural employer shall notify workers of any pesticide application on the
       farm, or in the nursery, or farm, or greenhouse.

.      Application and Entry Restrictions  (For Workers [40 CFR 170.112 & 170.110]:
       for Handlers [40 CFR 170.210]; IPG, page 25)

       After any pesticide application on an agricultural establishment, the agricultural
       employer shall not allow or direct any worker to enter or to remain in the treated
       area before the restricted-entry interval specified on the labeling has expired.

•      Personal Protective Equipment for  Handlers and Early Entry Workers (For
       Workers [40 CFR 170.112]; for Handlers  [40 CFR 170.240]; IPG, page 32)

       Any person who performs tasks as a pesticide handler shall use, and the
       agricultural employer shall provide, the clothing and personal protective
       equipment specified on the  labeling for use of the product.


Provisions to Mitigate Exposures that Occur
February 1994                              9                  Module One: Student Manual

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Background on the Revised Worker Protection Standard               Worker Protection Inspection Course


Handlers and early entry workers must be provided with facilities for washing. Although,
EPA believes that the precautions such as observing application restrictions, using PPE,
and notifying workers of applications will decrease the frequency of acute pesticide
poisoning or injury incidents, medical emergencies involving agricultural workers and
handlers may still arise.  In such cases, prompt medical attention is necessary to  mitigate
the extent of the injury.  To minimize the effects of exposure, the Revised WPS  contains
specific provisions relating to:

•      Decontamination (For Workers [40 CFR 170.150]; for Handlers [40 CFR
       170.250]; IPG, page 45)

       If any worker on an agricultural establishment performs  any activity where, within
       the last 30 days, a pesticide has been applied  or a restricted-entry interval has
       been in effect  and contacts anything that has been treated with the pesticide,
       including,  but not limited to, soil, water, or surfaces of plants, the agricultural
       employer shall provide a decontamination site for washing off pesticide residues.

       Emergency Assistance  (For Workers [40 CFR 170.160]; for Handlers [40 CFR
       170.260]; IPG, page 47)

       If there is reason to believe that a person who is or has been employed on an
       agricultural establishment to perform tasks related to the production of
       agricultural plants has been poisoned or injured by exposure to pesticides used on
       the agricultural establishment, including, but not limited  to, spill,  splash, drift or
       pesticide residues, the agricultural employer shall provide the appropriate
       emergency assistance as mandated by the WPS.
Provisions to Inform Employees About the Hazards of Pesticides

Since training and information are essential components of a successful occupational risk-
reduction strategy, the Revised WPS contains several requirements relating to providing
safety training and information to all workers and handlers.

       Pesticide Safety Training  (For Workers [40 CFR 170.130]; for Handlers [40 CFR
       170.230]; IPG, page 38)

       The agricultural employer shall assure that each worker has been trained,
       according to the WPS, during the past five years, counting from the end of the
       month when the training was completed.
Module One:  Student Manual                 10                              February

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Worker Protection Inspection Course              Background on the Revised Worker Protection Standard


•      Pesticide Safety Information  (For Workers [40 CFR 170.135 & 170.122]; for
       Handlers [40 CFR 170.235 & 170.222]; IPG, page 42)

       When workers are on an agricultural establishment and, within the last 30 days, a
       pesticide has been applied on the establishment or a restricted-entry interval has
       been in effect, the agricultural employer shall display pesticide safety information.


Retaliation

Another important component of the Revised WPS concerns retaliation.  This provision
states that the agricultural employer and/or handler employer shall not take any
retaliatory action for attempts to comply with this part or any action having the effect of
preventing or discouraging any worker or handler from complying or attempting to
comply with any requirement of this part.

•      Retaliation  (For Workers and Handlers [40 CFR 170.7(b)]; IPG, page 48)

       The agricultural or handler employer shall not take any retaliatory action for
       attempts to comply with the WPS or any action having the effect of preventing or
       discouraging any worker or handler  for complying or attempting to comply with
       any parts of the WPS.

Retaliation will be covered in greater detail in a separate module.
                                     REVIEW
There were five primary concerns which spurred the EPA to revise the original Standard.
These were:

•     Post-1974 data reported to the EPA indicated inadequacies in scope and
      requirements of the earlier part 170.

•     Enforcement experiences of EPA and the States indicated that clearly stating
      liability and responsibility provisions would lead to improved worker protection.
February 1994                              11                 Module One: Student Manual

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Background on the Revised Worker Protection Standard             Worker Protection Inspection Course


•      Interim measures were needed to protect workers until the pesticide product
       registration program was complete.

•      Workers who were not previously protected by part 170 should also be protected.

•      The usage of organophosphate and carbamate pesticides sharply increased after
       1974. These pesticides are more acutely toxic to human than those previously
       used.

The labeling requirements under 40 CFR part  156, subpart K, include:

•      WPS Reference Statement [40 CFR 156.206(b)(l); IPG, page 12]

•      Application Restrictions [40 CFR 156.206(a);  IPG, page 11]

•      Product-Type Identification [40 CFR 156.206(c); IPG, page 12]

•      State Restrictions [40 CFR 156.206(d); IPG, page 13]

•      Spanish Warning Statements [40 CFR 156.206(e); IPG, page  13]

•      Product-Specific Statements, including Restricted-Entry Statements [40 CFR
       156.208; IPG, page 14], Notification-to-Workers Statements [40 CFR 156.21U;
       IPG,  page 16], Personal Protective Equipment Statements [40 CFR 156.212; 1PT,.
       page  16]

The Revised Standard contains three types of provisions intended to:

•      eliminate or reduce pesticide exposures

•      mitigate exposures that occur

•      inform employees about the hazards of pesticides
The Revised Standard covers eight major compliance areas in 40 CFR part 170.  Thcv
are:
Module One: Student Manual                12                             Februan

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Worker Protection Inspection Course
 Background on the Revised Worker Protection Standard
       Notification and Posting of Pesticide Applications (For Workers [40 CFR 170.120
       & 170.124]; for Handlers [40 CFR 170.224]; IPG, page 21)

       Application and Entry Restrictions  (For Workers [40 CFR 170.112 & 170.110];
       for Handlers [40 CFR 170.210]; IPG, page 25)

       Personal Protective Equipment for Handlers and Early Entry Workers (For
       Workers [40 CFR  170.112]; for Handlers [40 CFR 170.240]; IPG, page 32)

       Decontamination  (For Workers [40 CFR 170.150]; for Handlers [40 CFR
       170.250]; IPG, page 45)

       Emergency Assistance  (For Workers [40 CFR 170.160]; for Handlers [40 CFR
       170.260]; IPG, page 47)

       Pesticide Safety Training (For Workers [40 CFR 170.130]; for Handlers [40 CFR
       170.230]; IPG, page 38)

       Pesticide Safety Information (For Workers [40 CFR 170.135 &  170.122]; for
       Handlers [40 CFR 170.235 &  170.222]; IPG, page 42)

       Retaliation  (For Workers and Handlers [40 CFR 170.7(b)]; IPG, page 48)
                                   EXERCISE
                                   SUMMARY
This module has introduced you to the background of the Revised Worker Protection
Standard.  The goal of this module was to set the foundation upon which the rest of the
course will be based. The subsequent modules will expand upon and apply the
information in this module to the Worker Protection Inspection. Additionally, the
Revised Worker Protection Standard will be referred to as the Worker Protection
Standard (WPS).
February 1994
13
Module One: Student

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Background on the Revised Worker Protection Standard
               Worker Protection Inspection Course
                                   REFERENCES
U.S. Environmental Protection Agency. (1993). Worker Protection Inspection Guidance.
       Washington D.C.

U.S. Environmental Protection Agency. (August) 1992. Federal Register Pan III
       Environmental Protection Agency, Parts 156 and 170. Washington,
       D.C.

U.S. Environmental Protection Agency. (March) 1993.  Compliance Monitoring Strategy.
       Washington, D.C.
Module One:  Student Manual
14
February 1994

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Worker Protection Inspection Course               Background on the Revised Worker Protection Standard
                               REVIEW QUESTIONS
1.     Write the letter of the appropriate product compliance date next to each
       statement:

       Products bearing the Revised WPS-required statements
       may be sold or distributed after	.

       All affected products sold or distributed by               (A) April 21, 1993
       registrants after	must bear revised
       labeling with the Revised WPS-required statements.      (B) October 23, 1995

       All affected products sold or distributed by               (C) April 21, 1994
       anyone after	must bear the revised
       labeling with the Revised WPS-required statements.
2.     List the Federal citation numbers for the following two rules:

      a) Labeling Requirements for Pesticides and Devices	

      b) The Revised Worker Protection Standard	
3.     List the four types of agricultural establishments that are exceptions to the
      Revised WPS when a pesticide is used for a purpose other than production of
      agricultural plants.
February 1994                              15                  Module One: Student Manual

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Background on the Revised Worker Protection Standard                Worker Protection Inspection Course






4.     List the three provisions of the Revised Worker Protection Standard.
5.     List the two types of people the Revised Worker Protection Standard applies to.
Module One: Student Manual                  16                                February 1994

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Module One
Attachments

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                         Module One Matching Exercise
                   Worker Protection Standard, 40 CFR part 170
INSTRUCTIONS:  Match the requirements, based on 40 CFR part 170, in Column A
                  with the correct Federal citation number in Column B.  Use the
                  Worker Protection Field Inspection Pocket Guide to find this
                  information.
     4.

     5.

     6.

     7.


     8.
               Column A

            Notification and Posting of
            Pesticide Applications
Application and Entry
Restrictions

Personal Protective
Equipment for Handlers
and Early Entry Workers

Decontamination

Emergency Assistance

Pesticide Safety Training

Pesticide Safety
Information

Retaliation
                  Column B

a.     For Workers, 40 CFR 170.130
      For Handlers, 40 CFR 170.230

b.     For Workers, 40 CFR 170.112 &
      170.110
      For Handlers, 40 CFR 170.210

c.     For Workers, 40 CFR 170.135
      For Handlers, 40 CFR 170.235

d.     For Workers, 40 CFR 170.150
      For Handlers, 40 CFR 170.250

e.     For Workers, 40 CFR 170.160.
      For Handlers, 40 CFR 170.260

f.     For Workers and Handlers, 40
      CFR 170.7(b)

g.     For Workers, 40 CFR 170.112
      For Handlers, 40 CFR 170.240  '

h.     For Workers, 40 CFR 170.120 &
      170.124
      For Handlers, 40 CFR 170.224

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                          Module One Matching Exercise
              Worker Protection Standard, 40 CFR Part 156, subpart K
INSTRUCTIONS:  Match the requirements, based on 40 CFR part 156, subpart K, in
                  Column A with the correct Federal citation number in Column B.
                  Use the Worker Protection Field Inspection Pocket Guide to find
                  this information.
               Column A                                     Column B

      1.     WPS Reference Statement                   a. 40 CFR 156.206(e)

      2.     Application Restrictions                      b. 40 CFR 156.212

      3.     Product-Type Identification                         c. 40 CFR 156.210

      4.     State Restrictions                           d. 40 CFR 156.208

      5.     Spanish Warning Statements                  e. 40 CFR 156.206(b)( 1)

      6.     Restricted-Entry Intervals                    f. 40 CFR 156.206(d)

      7.     Notification-to-Workers Statements            g. 40 CFR 156.206(c)

      8.     Personal Protective Equipment                h. 40 CFR 156.206(a)

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   Inspector Training Program
Worker Protection Inspection Course

      Module Two:
  Purpose and Goals of
 Compliance Monitoring
          Student Manual

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Worker Protection Inspection Course                    Purpose and Goals of Compliance Monitoring
                            TABLE OF CONTENTS
MODULE TWO:  PURPOSE AND GOALS OF COMPLIANCE MONITORING

      Objectives	1
      Introduction	3
            Purpose	3
            Objectives	3
            How Module is Linked with Other Modules . .	3
      Compliance Monitoring Strategy	3
            Purpose and Goals of the Worker Protection
            Compliance Monitoring Strategy  	3
            Components of the Compliance Monitoring Strategy  	4
      Summary of Compliance Dates	7
            Compliance Dates of the WPS	   7
            Registrants' Implementation Schedule	
            Pesticide Users' Compliance Schedule	     N
            Summary of Effective Dates  	    !' •
      Review  	    ! 1
      Exercise	     "*
      Summary	
      References	
      Review Questions  	

      Module Two Attachments
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Purpose and Goals of Compliance Monitoring                     Worker Protection Inspection Course
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Module Two: Student Manual                 ii                              February 1994

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Worker Protection Inspection Course                       Purpose and Goals of Compliance Monitoring
                                       OBJECTIVES
                    Given written descriptions of the Compliance Monitoring Strategy, be
                    able to outline the purpose and goals of Compliance Monitoring.

                    Given written descriptions of the Compliance Monitoring Strategy, be
                    able to match the Worker Protection Inspection Activities with the
                    appropriate product and user compliance dates.
February 1994                                  1                   Module Two: Student Manual

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Purpose and Goals of Compliance Monitoring                     Worker Protection Inspection Course
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Module Two: Student Manual                 2                              February

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Worker Protection Inspection Course
Purpose and Coals of Compliance Monitoring
                                INTRODUCTION
Purpose

The purpose of this particular module is to provide an overview of the Worker
Protection Compliance Monitoring Strategy, including the provision of compliance
assistance, and the effective compliance dates associated with Worker Protection
Inspections.
Objectives

•     Given written descriptions of the Compliance Monitoring Strategy, be able to
      outline the purpose and goals of Compliance Monitoring.

•     Given written descriptions of the Compliance Monitoring Strategy, be able to
      match the Worker Protection  Inspection Activities with the appropriate product
      and user compliance dates.
How Module is Linked with Other Modules

Module One provided you with an overview of the revised Worker Protection Standard
(WPS).  This Module provides guidance in terms of the effective compliance dates, and
EPA's overall Compliance Monitoring Strategy. In the next few modules, you will cover
personal protective equipment, as well as the specific components of WPS Inspections.
                    COMPLIANCE MONITORING STRATEGY
Purpose and Goals of the Worker Protection Compliance Monitoring Strategy

The purpose of the Compliance Monitoring Strategy is to protect agricultural workers
and pesticide handlers by ensuring compliance with the labeling requirements and work
February 1994
           Module Two:  Student Manual

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Purpose and Goals of Compliance Monitoring                      Worker Protection Inspection Course


practices set forth in the regulations. The overriding goal of the Compliance Strategy is
to ensure that the registrants/producers, dealers/distributors, and users adhere to the
requirements set forth in the regulations using the full range of compliance tools, i.e.,
compliance assistance, guidance, outreach, education, training, compliance inspections,
and enforcement actions.

The compliance program should emphasize activities which offer the greatest potential
for risk reduction, pollution prevention, and environmental equity goals while maintaining
a flexible  approach. The program should feature a balance between activities preventing
noncompliance, achieving compliance through deterrence, and penalties for violations.
Compliance monitoring efforts will be phased in, paralleling the compliance dates of the
rules.

A second goal of this inspection strategy is to offer guidance for States/Tribes to engage
in activities which would perhaps offer a greater potential for risk reduction and pollution
prevention. The risk-based inspection targeting approach offers an alternative approach
for targeting use and producer establishment inspections.  This approach is based on
factors associated with exposure and potential for risk.
Components of the Compliance Monitoring Strategy

Compliance with the regulations will be determined through routine, for cause, and risk-
based inspections of registrants  and producing establishments, distributors, dealers,
retailers, and users of agricultural pesticides. Inspections will be conducted by
States/Tribes with Cooperative Enforcement Agreements and by EPA Regions in state*
without these agreements. The details of each of these inspections is covered in Module-%
Four and Five.  During these inspections, the role of the inspector is to provide
compliance assistance, and to follow-up with enforcement actions when  violations arc
identified.

In summary, this Compliance Monitoring Strategy recommends:

•      compliance assistance

•      routine inspections and enforcement

•      for cause inspections

•      risk-based inspection targeting
Module Two:  Student Manual                  4                              February

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Worker Protection Inspection Course                      Purpose and Goals of Compliance Monitoring


Compliance Assistance

Until the applicable compliance dates have passed, inspectors should take advantage of
the opportunity to use applicable routine inspections, in addition to other methods of
notification used by the Regions, States, Territories, and Tribes.  The routine inspections
conducted under the cooperative agreements are to notify members of the regulated
community of the provisions of the final rule in order to ensure compliance with the
Worker Protection Requirements.  Inspectors should also ensure compliance with the
existing Worker Protection Requirements on labels.

Compliance activities  should focus on outreach to the affected community (i.e.,
distributors, dealers, agricultural employers, handler employers, workers, and handlers).
Specifically, during routine inspections affected by the WPS, inspectors should impress
upon the regulated community the need to begin development of a program to meet the
requirements of the rule if they have not already done so.

The specific details of compliance assistance will be covered in a separate module titled,
Compliance Assistance.

Once the effective dates have passed, compliance  assistance should still be provided at
the end of, or following, the completion of both routine and targeted inspections in order
to inform the regulated community of the Worker Protection Standard (WPS) provisions.
as well as to clarify requirements. The closing conference for an inspection provides an
opportunity for the inspector to help raise the  level  of awareness concerning the revised
WPS, as well as to promote future compliance through provision of the Compliance
Assistance Packet.
Routine Inspections

Inspectors should verify compliance with the WPS as part of both routine and targeted
inspections.  During routine inspections of registrants, producers, distributors, and
dealers, inspectors should check for required labeling on products and provide
compliance assistance as necessary. When conducting routine use inspections, inspectors
should ensure that the regulated community is aware of the Worker Protection labeling
requirements and that users are following the label directions.  Inspectors should also
provide compliance assistance.
February 1994                              5                 Module Two:  Student Manujl

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Purpose and Goals of Compliance Monitoring	Worker Protection Inspection Course


For Cause Inspections

"For cause" inspections are conducted in response to reported or suspected incidents.
The purpose of a for cause inspection is to develop the necessary evidence to support
any enforcement action that may be taken as a result of an apparent WPS violation.  For
cause inspections are conducted in response to:

•      a previous inspection where a violation was suspected
•      a tip or complaint
•      a referral

This will be discussed in more detail in Module Nine, Follow-Up Investigations.
Targeted Inspection?

States, Tribes, and Territories should verify compliance with the WPS through both
routine inspections and inspections specifically targeted to focus on Worker Protection
activities.  In order to complete targeted inspections, OCM's Compliance Branch has
prepared, for consideration by the States/Tribes, a risk-based approach for targeting
Worker Protection Inspections. The risk-based targeting factors include:

•      product toxicity
•      crop grown
•      harvest method
•      historical pro:   --s with the r-" :uct
•      p'  vious coir     ce probler   : the site
•      m  iberofv.      s employ:
•      site type
•      number of products produced

This is simply a recommended approach for targeting Worker Protection Inspections.
Use of the particulc. - ik-based matrix is not reqv   ed, but rather, is provided as an
optimal strategy in tr  sloping WPS targeting. The matrix provides another alternative
for targeting Worker Protection Inspections.  It may also provide ideas to a State for
revising the national risk-based matrix to correspond with the sources of data available
within a State. The  risk-based matrix will be covered in more detail in Module Five,
Targeting.
Module Two:  Student Manual                  6                              February

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Worker Protection Inspection Course
                           Purpose and Goals of Compliance Monitoring
                       SUMMARY OF COMPLIANCE DATES
Compliance Dates of the WPS

The WPS implementation schedule is designed to implement the most crucial provisions
of the Standard as quickly as possible.  Additionally, it will allow time for EPA and
cooperating organizations to develop and distribute training and instructional materials.
This section summarizes the effective dates for both registrants and users.
Registrants' Implementation Schedule

EPA has established the following schedule for registrants to make the WPS-required
alterations to their pesticide product labels.
     Compliance
        Date
            Alterations to Pesticide Product Labels
  After
  April 21,  1993
• Products bearing the WPS-required statements may be sold or
  distributed.
• During all inspections after April 21, 1993, the inspector
  should verify that labels and use of products are in
  compliance.
  After
  April 21,  1994
  All affected products sold or distributed by registrants must
  bear revised labeling with the WPS-required statements unless
  granted a specific extension for existing products, according to
  PR Notice 93-11.
  During registrant inspections, inspectors should verify that
  product labels are in compliance unless granted a specific
  extension for existing products according to PR Notice  93-11.
  After
  October 23, 1995
  All affected'products sold or distributed by anyone must bear
  the revised labeling with the WPS-required statements.
  During marketplace inspections, inspectors should verify that
  product labels are in compliance.
February 1994
                                      Module Two:  Student Manual

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Purpose and Cr-?/.v ofComp-:.ance Monitoring
                                             Worker Protection Inspection Course
Pesticide Users' Compliance Schedule

EPA is implementing the Worker Protection Standard for pesticide users in two phases:

•      compliance with product-specific WPS requirements
•      compliance with all WPS requirements
   Compliance
      Date
                             WPS Requirements
  After
  April .
'993
Product-specific WPS requirements will be enforceable when they
appear on pesticide labels.  Product-specific requirements include:
  •     using label-specific personal protective equipment (PPE),
  •     obeying label-specific restrictions on entry to treated areas
        during restricted-entry intervals (REIs), and
  •     obeying the requirement on some labels to provide oral
        warnings  and treated-area posting.
  On or after
  April 15, 1994
       All WPS requirements are enforceable when a product is being used
       that references the WPS.  In addition to the product-specific
       requirements listed above, other WPS requirements include:
         •     providing decontamination supplies,
         •     training workers and handlers,
         •     providing certain notification information,
         •     cleaning, inspecting, and maintaining PPE, and
         •     providing emergency assistance.
Beginning April 21. 1992   .^ers must c  Tiply with  ; roduct-specific requirements when
statements referencing the WPS appear on the product label.

These product-specific statements include:

•     Personal Protective Equipment (PPE) -- All users must wear the PPE required  n
      the pesticide labeling for the task being performed.

•     Double Notification -- Employers must provide oral warning  o workers AND
      post warning signs at entrances to treated areas when the pe  cide labeling
      requires double   rification.
Module Two:  Student Manual
                                                             Februarv !••**«

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Worker Protection Inspection Course                     Purpose and Goals of Compliance Monitoring


•      Restricted-Entry Intervals — Employers and employees must follow the restricted-
       entry intervals specified on the product label, or must satisfy requirements of the
       few narrow exceptions allowed by the revised WPS.

EXEMPTIONS:  Prior to April 15. 1994. users are not required to comply with some
WPS provisions.  These provisions include:

•      information at a central location, including a WPS safety poster, location of
       emergency medical facility, and listing of recent pesticide applications

•      pesticide safety training

•      decontamination sites

•      employer information exchange between growers and commercial pesticide
       applicators

•      emergency assistance, including transportation to medical care and information to
       medical personnel or employees

•      notice of applications by oral warnings to workers or posting treated areas

•      monitoring of handlers who are using highly toxic pesticides

•      specific information for handlers, including labeling information and safe operation
       of application equipment

•      duties related to personal protective equipment: including providing, cleaning.  mU
       maintaining PPE; preventing heat illness;  and exceptions to PPE

•      some of the duties related to early entry,  including training and instruction,
       decontamination sites,  and providing, cleaning,  and maintaining PPE

•      special application restrictions in nurseries and greenhouses

All WPS requirements are enforceable when included on the product label.
February 1994                               9                  Module Two:  Student

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Purpose and Goals of Compliance Monitoring                     Worker Protection Inspection Course


Summary of Effective Dates

The following paragraphs simply provide an overview of the effective dates for
compliance associated with each type of routine inspection. Separate modules will
provide additional guidance on the requirements which must be checked for each type of
inspection and specialized inspection checklists.
Registrant/Producer Establishment Inspections

Registrants/producers, including supplemental registrants, have until April 21, 1994, to
make labeling changes. During routine inspections before and after this date, inspectors
should check compliance with labeling requirements for products subject to the
regulations. Stop Sale, Use, or Removal Orders (SSUROs) should be issued when
products distributed or sold by a registrant/producer do not bear revised labeling after
April 21, 1994, unless the registrant has been granted an extension under conditions
depicted in EPA's PR Notice 93-11.

Products with the revised labeling must have all the required elements (i.e., proper PPE
statements, restricted-entry intervals, etc.) Questions regarding the adequacy of any
revised labeling should be discussed with the appropriate  EPA Regional office.

The Agency issued PR Notice 93-7 on April 20, 1993 to provide guidance to the
registrants  for making the required label  revisions.  On August 13, 1993, the Agency
issued another PR Notice, 93-11, which supplements PR Notice 93-7 on the labeling
revisions required by the WPS. PR Notice 93-11 identifies options for registrants to
allow efficient production and distribution of products whose labels must be modified
according to PR Notice 93-7.  The registrants may choose various combinations of the
options listed in the Notice. The Office of Pesticide Programs (OPP) will provide
Regions with data on WPS label revisions for your use  through the local area network
(LAN).


Marketplace/Dealer Inspections

After October 23,  1995, all products sold or distributed by any person must bear revised
labeling.  During routine inspections of marketplaces and  dealers, inspectors should
monitor for compliance with labeling requirements.
Module Two:  Student Manual                 10                              Februaiy 1994

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Worker Protection Inspection Course                     Purpose and Goals of Compliance Monitoring


Use Inspections

After April 15, 1994, 40 CFR part 170 requirements are to be followed when products
with revised labeling are used. Use inspections are conducted to monitor compliance
with the amended labeling as well as the specific requirements of 40 CFR part 170.
                                     REVIEW
The purpose of the Compliance Monitoring Strategy is to protect agricultural workers
and pesticide handlers by ensuring that the registrants/producers, dealers/distributors, and
users adhere to the requirements set forth in the Worker Protection Standard.  In
summary, this Compliance Monitoring Strategy recommends:

•     compliance assistance

•     routine inspections and enforcement

•     for cause inspections

•     risk-based inspection targeting

Registrants' implementation dates are as follows:

•     After April 21, 1993, products bearing the WPS-required statements may be sold
      or distributed.

•     After April 21, 1994, all affected products sold or distributed by registrants must-
      bear revised labeling with the WPS-required statements unless granted a specific
      extension for existing products, according to PR Notice 93-11.

•     After October 23, 1995, all affected products sold or distributed by anyone must
      bear the revised labeling with the WPS-required statements.
February 1994                              11                 Module Two:  Student Manual

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Purpose and Coals of t.., npliance Monitoring
               Worker Protectiu  inspection Course
Users' compliance dates are as follows:

After Ap     . 1993, product-specific WPS requirements will be enforceable when tK
appear c;      ;cide labels.  Product-specific requirements include:

•      using label-specific personal protective equipment (PPE^

•      obeying label-specific restrictions on entry to treated areas during restricted-entry
       intervals (REIs)

       obeying the requirement on some labels to provide oral warnings and treated-area
       posting

On or after April 15, 1994, all WPS requirements are enforceable when a product is
being used that references the WPS.  In addition to the product-specific requirements
listed above, other WPS requirements include:

•      providing decontamination supplies

•      training workers and  handlers

•      providing certain notification information

•      cleaning, inspecting, and maintain  ng PPE

•      providing emergency assistance
                                     EXERCISE
Module Two:  Student Manual
12
February 1SN4

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Worker Protection Inspection Course
        Purpose and Goals of Compliance Monitoring
                                     SUMMARY
This module has introduced the purpose and goals of the Compliance Monitoring
Strategy.  In summary, the goals of the Compliance Monitoring Strategy are to achieve
compliance through a combination of activities which should help prevent violations from
occurring (i.e., compliance assistance), as well as traditional inspection activities designed
to correct and deter violations (inspections and enforcement). This includes risk-based
targeting as part of the inspection strategy. This module also covers the WPS
implementation  schedule which is designed to implement the most crucial provisions of
the standard as quickly as possible. The effective dates for both registrants and users are
summarized.
February 1994
13
Module Two:  Student Manual

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Purpose and Coals of Compliance Monitoring
               Worker Protection Inspection Course
                                   REFERENCES
U.S. Environmental Protection Agency.  (March) 1993. Compliance Monitoring Strategy.
       Washington, D.C.

U.S. Environmental Protection Agency.  (January) 1989. Pesticides Inspection Manual.
       Washington, D.C.

U.S. Environmental Protection Agency.  (1993). Worker Protection Inspection Guidance.
       Washington, D.C.

U.S. Environmental Protection Agency.  Pesticide Registration Notices 93-7 and 93-11.
       Washington, D.C.
Module Two:  Student Manual
14
February

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Worker Protection Inspection Course
        Purpose and Goals of Compliance Monitoring
                               REVIEW QUESTIONS
1.     What is the purpose of the Compliance Monitoring Strategy?
2.     List the four major components of the Compliance Monitoring Strategy.
3.     Fill in the blanks to the following statements concerning registrants'
      implementation dates.

      	, products bearing the WPS-required statements may
      be sold or distributed.
                               _, all affected products sold or distributed by registrant!*
      must bear revised labeling with the WPS-required statements unless granted a
      specific extension for existing products, according to PR Notice 93-11.

      	, all affected products sold or distributed by anyone
      must bear the revised labeling with the WPS-required statements.
February 1994
15
Module Two:  Student Manual

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Purpose and Goals of Compliance Monitoring                      Worker Protection Inspection Course


4.     After April 21, 1993, product-specific WPS requirements will be enforceable when
       they appear on pesticide labels.  List the three product-specific requirements:
5.     On or after April 15, 1994, all WPS requirements are enforceable when a product
       is being used that references the WPS. In addition to the product-specific
       requirements listed above, list five of the WPS requirements:
Module Two:  Student Manual                 16                              February

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Module Two
Attachments

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                               Module Two Exercise
                            Effective Compliance Dates
INSTRUCTIONS;  Complete the following worksheet by filling in the appropriate
                   responses.
Part 1.  Fill-in the Blank

Registrants/producers, including supplemental registrants, have until_
to make labeling changes.  During routine inspections before and after this date,
inspectors should check compliance with labeling requirements for products subject to
the regulations.  Stop Sale, Use, or Removal Orders (SSUROs) should be issued when
products distributed or sold by a registrant/producer do not bear revised labeling after
	, unless the registrant has been granted an extension
under conditions depicted in EPA's PR Notice 93-11.

	, all products sold  or distributed by any person must
bear revised labeling.  During routine inspections of marketplaces and dealers, inspectors
should monitor for compliance with labeling requirements.

     .	, 40 CFR part 170 requirements are to be followed
when products with revised labeling are used.  Use inspections are conducted to mor.itur
compliance with  the amended labeling as well as the specific requirements of 40 CI K
part 170.

Part 2.

Beginning April 21, 1993, users must comply with product-specific requirements when
statements referencing the WPS appear on the product label. List the three types *<
statements.

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Part 3.



List five of the exemptions which are allowed prior to April 15, 1994.

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    Inspector Training Program
Worker Protection Inspection Course

      Module Three:
    Health and  Safety
           Student Manual

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Worker Protection Inspection Course
                                          Health and Safety
                            TABLE OF CONTENTS
MODULE THREE:
HEALTH AND SAFETY
      Objectives	1
      Introduction	3
            Purpose	3
            Objectives	3
            How Module is Linked with Other Modules	4
      Importance of Protective Clothing in the Health & Safety of Early-Entry Workers
      and Pesticide Handlers	4
            Routes of Exposure	4
            Toxicity Categories 	5
      Types of PPE  	7
            Heat Stress	7
            Chemical-Resistant Suit	8
            Chemical-Resistant Gloves	8
            Chemical-Resistant Footwear	 *	9
            Respiratory Protection Devices	9
            Chemical-Resistant Headgear  	."11
            Chemical-Resistant Apron	11
            Coveralls (over long-sleeved shirt and long pants) 	11
            Protective Eyewear	 .  12
      Exercise	12
      Minimum PPE Requirements	12
            PPE Requirements for Pesticide Handlers	13
            PPE Requirements for Early-Entry Workers  	13
      Exercise	14
      Overview of PPE Requirements for Agricultural Employers	14.
            Specific Requirements For  Pesticide Handlers	16
            Exceptions to the PPE Requirements	17
      Exercise	20
      Decontamination	.'	20
      Exercise	22
      Summary	22
      References	23

      Module Three Attachments
May 1994
                               Module Three: Student Manual

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Worker Protection Inspection Course                                                 Health and Safety
                                         OBJECTIVES

                     Given a display of PPE, be able to identify minimum PPE
                     requirements for each toxicity category.

                     Given a display of PPE, identify (list) all deficiencies.

                     Given written descriptions of problem situations involving the health
                     and safety of early-entry workers and pesticide handlers and
                     protective clothing, be able to identify incorrect work habits.

                     Given a written description of acceptable and unacceptable
                     decontamination sites, be able to check for compliance with the
                     Worker Protection Standard (WPS).
May 1994                                       1                   Module Three:  Student Manual

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Health and Safety                         	Worker Protection Inspection Course
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Module Three: Student Manual               2                                May 1994

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Worker Protection Inspection Course                                           Health and Safety
                                 INTRODUCTION
Purpose                                                -

The proper use and maintenance of Personal Protective Equipment (PPE) is integrally
linked to the prevention of health and safety problems for early-entry workers and
pesticide handlers. As a result, a significant portion of the Worker Protection Inspection
process is dedicated to the inspection of PPE requirements.  This is extremely important
because of the potential physical dangers to early-entry workers and pesticide handlers
caused by exposure to pesticides from faulty PPE.

The inspector must be able to identify those PPE requirements from the pesticide
product labeling (which you will learn more about in Module Four). The appropriate
PPE based on the product's acute toxicity by route of exposure will be specified in the
product labeling for the work activity (handling or early-entry).

The purpose of this module is to identify both the proper and improper uses of PPE and
recognize the subsequent effect on the health and safety of early-entry workers and
pesticide handlers. Additionally, this module will help to develop the required familiarity
with the personal protective statements on pesticide product labeling to make these
determinations.
Objectives
•     Given a display of PPE, be able to identify minimum PPE requirements for each
      toxicity category.

•     Given a display of PPE, identify (list) all deficiencies.

•     Given written descriptions of problem situations involving the health and safety of
      early-entry workers and pesticide handlers and protective clothing, be able to
      identify incorrect work habits.

•     Given a written description of acceptable and unacceptable decontamination sites,
      be able to check  for compliance with the Worker Protection Standard (WPS).
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How Module is Linked with Other Modules

Module Two provided the background of the Worker Protection Standard. Additionally,
it included an overview of the Worker Protection Statements based on 40 CFR part 156,
subpart K, and the Worker Protection requirements|based on 40 CFR part 170. Module
Three emphasizes the importance of protective clothing in the health and safety of early-
entry workers and pesticide handlers.  It also includes specific information on PPE and
decontamination sites.  Module Four will provide the types of Worker Protection
Inspections and specific requirements for the Worker Protection Standard.
              IMPORTANCE OF PROTECTIVE CLOTHING IN THE
              HEALTH & SAFETY OF EARLY-ENTRY WORKERS
                          AND PESTICIDE HANDLERS
The use of pesticides in the United States has dramatically increased during the past
thirty years. Consequently, it is imperative that those who handle pesticides or work on
agricultural sites where pesticide are used are ensured adequate protection from injury.
Providing a measure of protection for these early-entry workers and pesticide handlers is
vital to their safety. The Worker Protection Standard addresses this concern in its
requirements regarding PPE.  PPE is instrumental in protecting against the three primary
routes by which early-entry workers can be exposed to pesticides.
Routes of Exposure

Three primary routes of exposure pertinent to Worker Protection are:

•     Dermal Exposure (Skin Irritation Potential)
•     Inhalation
•     Eye Irritation Potential


A secondary route of exposure pertinent to Worker Protection

•     Oral Ingestion


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Researchers have investigated the effects of acute and chronic dermal exposure and have
discovered that the absorption of pesticides through the skin is more dangerous than
inhalation or eye irritation of the same pesticides. Further research has confirmed that
exposure to pesticides, including dermal exposure, is reduced when protective clothing is
used as a barrier.  Protective clothing minimizes pesticide exposure and protects early-
entry workers from potentially harmful chemicals.

While conducting a Worker Protection Inspection, you must recognize the importance of
checking for all PPE requirements listed on the pesticide label. While dermal exposure
may be the most dangerous route of exposure, inhalation and eye irritation remain
potential threats to the health and safety of early-entry workers and pesticide handlers.
Unprotected exposure to pesticides can cause a variety of health problems in early-entry
workers and pesticide handlers.  Symptoms can include rashes, headaches, dizziness,
muscle pains, cramps, and vomiting. Using the PPE listed on the pesticide label serves
as protection from all the different  routes of exposure. However, it is your responsibility
to verify that the necessary PPE are both provided to, and worn by, early-entry workers
and pesticide handlers.
Toxicity Categories

For each route of exposure, pesticide products are assigned categories of toxicity.  Signal
words have been assigned to each toxicity category:

      Toxicity Category   Signal Words

             I              Danger/Poison
             II             Warning
             III            Caution
             IV            Caution

Toxicity Category I contains highly toxic chemicals, and the word "Danger" is associated
with it.  Toxicity Category II contains moderately toxic chemicals, and the word
"Warning" is associated with it. Toxicity Categories III and IV contain lower risk toxic
chemicals, and the word "Caution" is associated with them.

The chemical's toxicity category also dictates the time interval during which early-entry
workers and pesticide handlers may or may not enter a pesticide(s) treated area.
Recognition of the toxicity category of a particular pesticide is crucial because this will
indicate when and what PPE must be worn, and when a early-entry worker/pesticide
handler can or cannot safely enter a restricted area with that PPE.  To obtain this
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information, the inspector must check the pesticide label's restricted-entry statement.
This statement will vary depending upon the toxicity category of the product.  REI and
PPE are listed on the product label.  A summary of general restricted-entry intervals is
shown in Table 3.1.

           Table 3.1  Restricted-Entry Interval (REI) for Product Containing
                        One Active Ingredient (General Rule)  "
Toxicity Category REI
I
II
III
IV
48 hours
24 hours
12 hours
12 hours
When a pesticide of Toxicity Category I is applied, early-entry workers and pesticide
handlers are restricted from entering that area for minimally 48 hours.  For Toxicity
Category II, the REI decreases to 24 hours.  Finally, for Toxicity Categories III and IV,
entry is restricted for at least  12 hours.

The following are exceptions and/or variations to the above general restricted-entry
intervals:
                                                                            %
•      If the active ingredient is an organophosphorus ester (Toxicity I chemical) that
       inhibits cholinesterase and which may be applied outdoors in an  area where the
       average annual rainfall for the application site is less than 25 inches per year, then
       the REI is 72 hours.

•      If the product contains more than one active ingredient, the REI is based on the
       active ingredient that requires the longest restricted-entry interval.

•      Existing product-specific entry intervals, based on data collected  in accordance
       with other EPA regulations in 40 CFR part  158.390, should supersede any REI
       based on toxicity of active ingredient.

•      Interim product-specific entry intervals established by the Agency before the
       effective date of this subpart should continue to apply unless a longer REI is
       required based on the requirements in the Rule (See  Table 3.1).
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                                  TYPES OF PPE
Personal Protective Equipment (PPE)

There are different types of apparel and devices to protect the body from contact with
pesticides or pesticide residues, including:

       •     chemical-resistant suits, gloves, footwear, aprons, and headgear,

       •     protective eyewear, and

       •     respirators.

Using the PPE listed on the pesticide label serves as protection from all the different
routes of exposure. However, it is necessary to prevent heat stress while PPE is being
worn.


Heat  Stress

Heat  stress is a buildup of heat within the body which comes from warm and hot
environments, and heat generated by muscles during work. When exposed to heat stress
for too  long, the body may develop other, more serious, ailments such as heat exhaustion
and heat stroke.  Approximately 500 people die each year in the United States  alone
from  the effects of heat on the body.  Even in young and healthy  adults, more than 20%
of those people who are afflicted with heat stroke die.  Exposure  to heat alone  can have
a variety of side effects, such as sterility in men, and it has been linked to other life-
threatening illnesses like heart-attacks and on-the-job accidents. As you have probably
guessed, early-entry workers and pesticide handlers are particularly susceptible to these
potential conditions. Additionally, the potential for these heat related ailments  is
augmented by the various types of PPE which may be required by the label.

Given the potential consequences of heat stress, the Worker Protection inspector should
be familiar with the symptoms of and treatments for heat related  illnesses. You may
encounter situations in which early-entry workers are suffering the ill-effects of heat, and
you should bring it to the  attention of the employer. For more guidance on this topic
and on  how to handle potential situations, refer to A Guide to Heat Related Stress.
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The following list identifies different PPE and provides a brief description of each.  The
descriptions were derived from the Worker Protection Standard and a PPE brochure
(Coveralls, Gloves, and other Skin Protection).
Chemical-resistant: Allows no measurable amount of the pesticide being used to move
through the material during use.
Chemical-Resistant Suit
[40 CFR 170.240(c)(3)]

A label requiring a chemical-resistant suit indicates that the pesticide is extremely
hazardous.  This may be a one-piece coverall or a two-piece suit (a jacket over overalls
or pants) which covers the entire body except the feet, hands, neck, and head.
Precaution:  Early-entry workers and pesticide handlers should be aware that this suit
can quickly lead to overheating even in moderate temperatures.
Chemical-Resistant Gloves
[40 CFR 170.240(c)(5) & 40 CFR 156.212(f)]

If chemical-resistant gloves are required, the registrant must specify the glove type on the
label.  Early-entry workers and pesticide handlers should always use unlined gloves unless
specifically stated otherwise on the label.  Gloves made of polyvinyl chloride (PVC) or
rubber (butyl, nitrile, neoprene, or natural rubber) must be at least 14 millimeters (mils)
thick.

There are general criteria which may require the use of certain glove types. These are:

.      Solid formulations [40 CFR 156.212(f)(2)].  For products formulated and applied
       as solids and diluted solely with water for application, the glove statement shall
       specify "waterproof gloves."

•      Aqueous-based formulations [40^CFR 156.212(f)(3)].  For products formulated
       and applied as water-based liquid,  or formulated as a water-based liquid and
       diluted solely with water, the glove statement may specify "waterproof gloves."

•      Other liquid formulations [40 CFR 156.212(f)(4)].  For products formulated or
       diluted with liquids other than water, the glove statement shall specify "chemical-
       resistant Csuch as nitrile or burvll gloves."
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•      Gaseous formulations and applications [40 CFR 156.212(f)(5)]. For products
       formulated or applied as gases, any existing glove statement shall apply, including
       the statement "not to wear gloves." If no glove statement exists, then the glove
       statement shall specify "chemical-resistant (such as nitrile or butyl) gloves."
Chemical-Resistant Footwear
[40 CFR 170.240(c)(6)]

This category includes chemical-resistant shoes, chemical-resistant boots, and chemical-
resistant shoe coverings (booties).  Unless directed otherwise on the label, always use
unlined footwear.  Additionally, if footwear is made of polyvinyl chloride (PVC) or
rubber (butyl, nitrile, neoprene, or natural rubber), it must be at least 14 mils thick.

Another possibility for footwear is safety (not chemical-resistant) shoes. These should
have an impact-resistant toe and be made of leather, canvas, or other tightly woven
fabric. However, this is an exception to the WPS because the absorbency of these
materials make them extremely difficult to decontaminate.

Respiratory Protection Devices
[40 CFR 170.240(c)(9) & 40 CFR  156.212(g)]

Respirator requirement. If a product is moderately to highly toxic through inhalation, the
label will require the user to wear  a specific type of respirator approved by NIOSH and
MSHA.  Depending on the toxicity, formulation, and physical characteristics of the
product - and on the exposure situation ~ the label will specify a dust/mist filtering
respirator, an organic-vapor-removing respirator with a pesticide pre-filter, or an air-
supplying respirator. Guidelines are as follows:

Existing respirator requirement for pesticide handlers on product label [40 CFR
156.212(g)(l)J.  If prior to  the effective  date of this subpart, the product labeling
indicates that respiratory protection is required, that requirement shall be retained.

If the respirator type is already specified, the label shall be amended to reflect one of the
following types and corresponding MSHA/NIOSH approval number prefix [40 CFR
156.212 (g)(l)(i),(ii), & (Hi)].

•      Dust/mist filtering respirator with MSHA/NIOSH approval number prefix TC-21C
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•      Respirator with an organic-vapor-removing cartridge and a prefilter approved for
       pesticides with MSHA/NIOSH approval number prefix TC-23C, or with a canister
       approved for pesticides with MSHA/NIOSH approval number prefix TC-14G.

•      Supplied-air respirator with MSHA/NIOSH approval number prefix TC-19C or
       self-contained breathing apparatus (SCBA) with MSHA/NIOSH approval number
       prefix TC-13R

If the respirator type is not already specified on the labeling, the following criteria apply.

•      Gases applied outdoors [40 CFR 156.212(g)(3)(ii)]. For products that are
       formulated or applied as a gas, and that may be used outdoors, the label shall
       specify "For handling activities outdoors, use either a respirator with an organic-
       vapor-removing cartridge and a prefilter approved for pesticides with
       MSHA/NIOSH approval number prefix TC-23C or with a canister approved for
       pesticides with MSHA/NIOSH approval number prefix TC-14G."

•      Gases used in enclosed areas [40 CFR  156.212(g)(3)(iii)].  For products that are
       formulated or applied as a gas, and that may be used in a greenhouse or other
       enclosed area, the label shall specify "For handling activities in enclosed areas, use
       either a supplied-air respirator with MSHA/NIOSH approval  number prefix TC-
       19C or a self-contained breathing apparatus (SCBA) with MSHA/NIOSH
       approval number prefix TC-13F."

•      Solids [40 CFR 156.212(g)(3)(iv)].  For products that are formulated and applied
       as solids, the label shall specify "dust/mist filtering respirator with MSHA/NIOSH
       approval number prefix TC-21C"

•      Liquids in Toxicitv Category I [40 CFR 156.212(g)(3)(v)].  For products that are
       formulated or applied as liquids, and, as formulated, have an  acute inhalation
       toxicity in category I, the label shall specify "either a respirator with an organic-
       vapor-removing cartridge and a prefilter approved for pesticides with
       MSHA/NIOSH approval number prefix TC-23C or with a canister approved for
       pesticides with MSHA/NIOSH approval number prefix TC-14G."

•      Liquids in Toxicitv Category II [40 CFR 156.212(g)(3)(vi)J. For products that are
       formulated or applied as liquids, and, as formulated, have an  acute inhalation
       toxicity in Category II, the label shall specify "For handling activities during (select
       uses applicable to the product:  airblast, mistblower, pressure greater than 40 p.s.i.
       with fine droplets, smoke, mist, fog, aerosol, or direct overhead) exposures, wear
       either a respirator with an organic-vapor-removing cartridge and a prefilter
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      approved for pesticides with MSHA/NIOSH approval number prefix TC-23C or
      with a canister approved for pesticides with MSHA/NIOSH approval number
      prefix TC-14G. For all other exposures, wear a dust/mist filtering respirator with
      MSHA/NIOSH approval number prefix TC-21C"
New respirator requirement for pesticide handlers.  If a respiratory device is required under
the WPS, but existing product labeling has no respiratory requirement, the registrant shall
add a statement that specifies a "dust/mist filtering respirator with MSHA/NIOSH
approval number prefix TC-21C."

Chemical-Resistant Headgear
[40 CFR 170.240(c)(10)]

This term refers to the wearing of chemical-resistant hats and/or hoods.  Protective hats
must be able to withstand penetration, absorb the impact of blows to the head, and, in
some cases, protect against electric shock. Acceptable chemical-resistant hoods or wide-
brimmed hats are:  rubber- or plastic-coated safari-style or firefighter-style hats, plastic or
other barrier-coated hoods, plastic or rubber hoods, or a full hood or helmet that is part
of some respirators.
Chemical-Resistant Apron
[40 CFR 170.240(c)(8)]

A chemical-resistant apron may be required by the pesticide label while mixing and
loading, and while cleaning pesticide equipment. The apron should minimally extend
from the neck to the knees, and it may or may not have attached sleeves.  In some cases
a chemical-resistant suit, not made of cloth or leather, may be worn instead because of a
potential safety hazard posed by the apron around machinery.
Coveralls (over long-sleeved shirt and long pants)
[40 CFR 170.240(c)(4)]

Coveralls may come in one or two piece sets, and are designed to cover the entire body
with exception of the feet, neck, head, and hands.  Coveralls should be made of a
nonwoven or tightly woven fabric like polyester or  a cotton-synthetic blend.  Woven
material needs to be a sturdy material.
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Protective Eyewear
[40 CFR 170.240(c)(7)(i),(ii),(iii), & (iv)J   .

When this PPE is listed on the pesticide label, shielded safety glasses, a face shield,
goggles, or a full-face respirator are all acceptable equipment.  If goggles are listed
independently, either goggles or a full-face respirator are acceptable.  However, if a face
shield is the PPE required by the label, it may NOT be substituted with safety glasses or
goggles.

Work Clothing (Non-PPE Materials)

The following are not PPE according to the WPS, but may be required to be worn.

Long-sleeved Shirt and Long Pants

These PPE should be made of a sturdy material, and while worn with pesticides present.
Shoes and socks should accompany these  articles. Other non-PPE materials include
short-sleeved shirts and short pants.
                                    EXERCISE
                         MINIMUM PPE REQUIREMENTS
Minimum PPE Requirements for Pesticide Handlers
The manner in which a pesticide handler may be exposed to a pesticide, i.e., the route of
exposure, in conjunction with the toxicity category, is the means by which minimum PPE
requirements are established. This information can be found on the pesticide labeling
under the heading HAZARDS TO HUMANS (AND DOMESTIC ANIMALS).

A summary of the PPE requirements is shown in Table 3.2
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                     Table 3.2  Minimum PPE Requirements and
             Work Clothing for Handling Activities According to the Label
Route* of Exposure
Dermal Tooritity or Skin
Irritation Potential*
Inhalation Toricity
Eye Irritation Potential
Toridty Category of the End-Use Product
I
• Coveralls worn over
long-sleeved shin
and long pants
• Socks
• Chemical-resistant
footwear
• Chemical-resistant
gloves
Respiratory
protection device
Protective eyewear
II
• Coveralls worn over
short-sleeved shirt
and short pants
• Socks
• Chemical-resistant
footwear
• Chemical-resistant
gloves
Respiratory
protection device
Protective eyewear
in *
• Long-sleeved shin
and long pants
• Socks
• Shoes
• Chemical-resistant
gloves
No minimum
No minimum
rv
• Long-sleeved shin
and long pants
• Socks
• Shoes
• No minimum
(gloves)
No minimum
No minimum
       •If dermal toxicity and skin irritation are in different toricity categories, protection shall be based
       on the more toxic (lower numbered) category.

In some cases, product labels already bear PPE requirements that are more stringent
than those set through the Worker Protection Standard.  These generally will be retained.

In addition to the minimum personal protective equipment required in Table 3.2, the
label may indicate that the following instructions apply to pesticide handlers.

•      If the product is not ready-to-use and there is no existing requirement for a
       chemical-resistant suit, the following statement should appear — "Mixers/Loaders:
       add a chemical-resistant apron."

•      If the application may result in overhead exposure to any pesticide handler, the
       following statement shall appear ~ "Overhead Exposure:   wear chemical-resistant
       headgear."

•      For cleaning any type of equipment other than the product container used to mix,
       load, or apply the product, where there is no requirement for a chemical-resistant
       protective suit, the following stafement shall appear - "For Cleaning Equipment:
       add a chemical-resistant apron."
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PPE Requirements for Early-Entry Workers


General label requirements for early-entry workers are as follows:

•     The following statement shall appear for all pesticide products:

             For early-entry to treated areas that is permitted under the Worker
             Protection Standard and involves contact with anything that has been
             treated, such as plants, soil, or water wear (list the body protection, glove,
             footwear, protective eyewear, and protective headgear, if applicable, for
             applicators and pesticide handlers, but omit any respiratory protection
             statement).

•     If the body protection statement in the PPE statement for pesticide handlers
      specifies a long-sleeved shirt and long pants, then "coveralls" must be specified in
      the PPE statement for early-entry workers.

•     If there is no statement requiring gloves and no statement prohibiting gloves for
      applicators and pesticide handlers under the heading HAZARDS TO HUMANS
      (AND DOMESTIC ANIMALS) in the labeling, a statement requiring "waterproof
      gloves" should be added to the statement of PPE for early-entry workers.
                                   EXERCISE
                      OVERVIEW OF PPE REQUIREMENTS
                       FOR AGRICULTURAL EMPLOYERS
To ensure that the user is in compliance with the PPE requirements for early-entry
workers and pesticide handlers, the inspector must verify that the employer assured the
following:
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      PPE specified on the product labeling was provided to and used by the early-entry
      workers/pesticide handlers.

      the PPE conformed to the appropriate standards specified on the product
      labeling.

      early-entry workers/pesticide handlers wore the PPE correctly and for its intended
      use.

      each early-entry worker was instructed on how to put on, use, and remove the
      PPE and on the importance of each early-entry worker/pesticide handler washing
      thoroughly after removing PPE.

      early-entry workers/pesticide handlers had clean place(s) away from pesticide
      storage and pesticide-use areas to store personal clothing not in use, and  put on
      and remove PPE.

      all PPE was cleaned according to the manufacturer's instructions, the product
      labeling or, if none, washed thoroughly in detergent and hot water before each day
      of reuse.

      before being stored,  all PPE was dried thoroughly or put in a well-ventilated place
      to dry.

      all PPE contaminated with pesticides was kept and washed separately from other
      clothing or laundry.

      any person who cleans or launders PPE was informed that it may be contaminated
      with pesticides, of the potentially harmful effects of exposure to pesticides, and the
      correct way(s) to handle and clean PPE contaminated with pesticides.

      all PPE was stored separately from personal clothing and apart from pesticide-
      contaminated areas.

      before each use, all PPE was inspected for leaks, holes, tears, worn  places, and
      any damaged equipment was repaired or discarded. Typical signs that indicate a
      material is not resistant to a pesticide. These signs  appear long after break
      through has occurred.

      • •     changing color
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       • •    soft or spongy texture
       • •    swelling or bubbling in the material
       • •    noticeable dissolution or jelly-like texture
       • •    cracks or holes in the material
       • •    stiff or brittle material

•      PPE that could not be cleaned was properly disposed of in accordance with
       Federal, State, and local regulations.

•      each early-entry worker/pesticide handler was instructed in the prevention,
       recognition, and first-aid treatment of heat-relatld illness.
       early-entry workers/pesticide handlers were restricted from wearing or taking
       home PPE contaminated with pesticides.

       dust/mist filters used in pesticide handler dust/mist masks or respirators were
       replaced per 40 CFR Section 170.240(f)6.

       gas or vapor absorbing canisters or cartridges used in pesticide handler's gas and
       vapor absorbing respirators were replaced per 40 CFR Section 170.240(f)7.
Specific Requirements for Pesticide Handlers

There are some specific PPE requirements which apply only to pesticide handlers
according to the Worker Protection Standard.  These requirements are:

•     The PPE for pesticide handlers conformed to the appropriate provisions for
      closed systems, enclosed cabs, open cockpit aerial applications, and closed cockpit
      aerial applications (if applicable).

•     Before using equipment for mixing, loading,  transferring, or applying pesticides,
      each pesticide handler was instructed in the  safe operation of such equipment,
      including, when relevant, chemigation safety requirements and drift avoidance.
       Before each use, equipment for mixing, loading, transferring, or applying
       pesticides was inspected for leaks, clogs, and worn or damaged equipment was
       repaired or replaced.
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•     Before allowing any person to come into contact with the equipment used for
      mixing, loading, transferring, or applying pesticides, pesticide residues should be
      removed from the equipment by a trained pesticide handler.

•     If pesticide removal was not feasible, the person who repaired, cleaned, or
      adjusted the equipment was informed that such equipment may have been
      contaminated with pesticides, and of the correct way to handle isuch equipment.

Exceptions to the PPE Requirements
[40 CFR 170.240(d)]

Pesticide handlers may be allowed by handler employers to omit some of the PPE
required on the labeling if the pesticide handlers  are operating in one of the following
three circumstances (These exceptions are to be allowed unless the label expressly forbids
such omission.):
                                                            \
There are three potential exceptions to these PPE requirements:

      A Closed System [40 CFR 170.240(d)(4)]
      An Enclosed Cab [40 CFR 170.240(d)(5)]
      A Cockpit [40 CFR 170.240(d)(6)(ii) & (iii)]
A Closed System
A Closed System is an enclosed system specifically designed to enclose the pesticide and
prevent the pesticide from contacting pesticide handlers or other persons.  It must be
maintained according to manufacturer's written operating instructions and function
properly. (Applies  only to products bearing WPS labels.)

The following list details the conditions which must be present in a closed system in
order to wear reduced PPE:

•     When mixing or loading pesticides with the signal word "DANGER" or
      "WARNING," pesticide handlers must minimally wear:
                                                       *
       • •     long-sleeved shirt and long pants
       • •     shoes and socks
       • •     a chemical-resistant apron
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       • •    protective gloves specified on the pesticide labeling for handling tasks
       When mixing or loading pesticides with the signal word "CAUTION," pesticide
       handlers must minimally wear:

       • •    long-sleeved shirt and long pants
       • •    shoes and socks
       When conducting handling tasks other than mixing and loading with ANY
       pesticide, pesticide handlers must minimally wear:

       • •    long-sleeved shirt and long pants
       • •    shoes and socks
       If pesticide handlers are working in a closed system which operates under
       pressure, they may wear the PPE identified above, but add protective eyewear.
An Enclosed Cab
Enclosed Cab - A structure having a nonporous barrier which totally surrounds the
occupant of the cab, and prevents exposure to pesticides being applied outside of the
cab.

(Apply this definition only when products are used containing the WPS labels.)


The following list details the conditions which must be present in an enclosed cab in
order to wear reduced PPE:

•     If an enclosed cab provides respiratory protection, it must have, and properly
      maintain, a functioning ventilation system.  Additionally, the cab must have
      documentation from the manufacturer or governmental agency  which declares that
      it provides as much or more respiratory protection as the type of respirator listed
      on the label.
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                                                       *
•     In cabs which DO NOT provide respiratory protection, pesticide handlers must
      minimally wear:

       • •    long-sleeved shirt and long pants              |
       • •    shoes and socks
       • •    any respirator required for the handling task
       In cabs which DO provide respiratory protection equal to that listed on the label,
       pesticide handlers must minimally wear:

       • •    long-sleeved shirt and long pants
       • •    shoes and socks
       In any enclosed cab where reduced PPE is worn, pesticide handlers must:

       • •    have all PPE listed on the label for the task being performed immediately
             available.
       • •    wear the PPE, if it is necessary, to exit the cab and contact pesticide-
             treated surfaces.
             remove PPE worn in the treated area before reentering cab.
             store all PPE in a chemical-resistant container to prevent contamination
             inside the cab.
Cockpits
The following list details the conditions which must be present in a cockpit in order to
wear reduced PPE:
       Pesticide handlers must:

       • •    wear chemical-resistant gloves when entering or leaving an aircraft
             contaminated by pesticide residues.
       • •    store used gloves in a closed chemical-resistant container.
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Health and Safety
               Worker Protection Inspection Course
       Pesticide handlers must wear any gloves, respirator, or body protection listed on
       the pesticide labeling for application in an open cockpit [40 CFR
       170.240(d)(6)(ii)].  However, two exceptions are:

       • •    shoes and socks instead of chemical-resistant footwear
       • •    a helmet instead of a chemical-resistant hat or hood
•      In an enclosed cockpit [40 CFR 170.240(d)(6)(iii)], pesticide handlers must
       minimally wear:

       • •    long-sleeved shirt and long pants
       • •    shoes and socks

Refer to the PPE brochures for additional information on PPE.
                                     EXERCISE
                               DECONTAMINATION
                                  [40 CFR 170.250]
PPE, as well as the occasional early-entry worker, will come in contact with pesticides.
As soon as a pesticide settles on PPE, it begins permeating the surface until the pesticide
residue is purposefully removed. Once a chemical-resistant material has been damaged
in this manner, it is no longer effective.  To reduce the incidence of this kind of damage,
a location must be available to early-entry workers to remove the pesticide residues.  An
integral part of the Worker Protection process is to ensure that an employer provides the
necessary facilities for pesticide handlers or early-entry workers to clean themselves and
PPE contaminated with pesticide residues.
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20
May 1994

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Worker Protection Inspection Course                                           Health and Safety


To ensure that all requirements concerning the decontamination site were met, the
inspector should:

•      Verify that the employer provided a decontamination site for washing off pesticide
       residues if an early-entry worker performed an activity in a treated area where a
       restricted-entry interval was in effect or had expired within thirty days
       (photographing the site is recommended).

•      Examine premises for an employer-provided decontamination site for washing off
       pesticide residues for any activity.

•      Verify that the decontamination site provided by the employer includes the
       following:

       • •    water of a temperature that will not cause illness or injury when it contacts
             the skin or eyes or if it is swallowed and an adequate supply for washing
             the entire body in case of an emergency as well as for routine washing by
             early-entry workers/pesticide handlers.
       • •    proper storage of water in a  tank.
       • •    soap and single-use towels in quantities sufficient to meet early-entry
             workers'/pesticide handlers' needs.
       • •    one  clean change of clothes,  this could be a "one-size-fits-all" coverall for
             pesticide handlers.
       • •    at least one pint of eyeflush water available for pesticide  handlers and
             early-entry workers,  and for which the pesticide labeling requires protective
             eyewear.
       • •    for pesticide handlers, after handling activities, and early-entry workers
             engaged in early-entry activities, provisions of soap, clean towels, and
             sufficient clean water so that the pesticide handlers/early-entry workers may
             wash thoroughly after removing PPE.
       • •    a site reasonably  accessible to and not more than one quarter mile from
             where early-entry workers/pesticide handlers are working as required in the
             regulation, and a decontamination site at the mixing area for pesticide
             handlers mixing pesticides.
Some exceptions to the above requirements for a decontamination site include:

•      For a pilot who applies pesticides aerially, the decontamination site must be at the
       aircraft's loading site or in the plane.
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Health and Safety
               Worker Protection Inspection Course
       For tasks performed more than one quarter mile from the nearest point reachable
       by cars or trucks, the decontamination site may be an access point. In this
       circumstance, clean water from springs, streams, lakes, or other sources may be
       used for decontamination if such water is more readily available than the water at
       the decontamination site.
                                    SUMMARY
This module has addressed several major areas of concern for the Worker Protection
Standard:  the importance of PPE, the types and minimum requirements for PPE, and
the requirements for decontamination sites.  These areas are the key to ensuring the
health and safety of early-entry workers and pesticide handlers, and it is part of your job
as inspectors to ensure that.ample protection is provided by employers. These concepts
will be built upon during subsequent modules.
Module Three: Student Manual
22
May 1994

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Worker Protection Inspection Course                                          Health and Safety
                                  REFERENCES
Easter, Elizabeth P. & Herbert N. Niggs. 1992. Testicide Protective Clothing,"  Reviews
      of Environmental Contamination and Toxicology. Vol. 129.  Springer-Verlag New
      York, Inc.:  New York.

U.S. Department of Labor. Protect Yourself with Personal Protective Equipment.  Fact
      Sheet No. OSHA 92-08.

U.S. Environmental Protection Agency. (February) 1993. The Worker Protection
      Standard for Agricultural Pesticides - How to Comply. Prevention, Pesticides, and
      Toxic Substances.

U.S. Environmental Protection Agency. (1993).  Worker Protection Inspection Guidance.
      Washington, D.C.

U.S. Environmental Protection Agency and Extension Service, U.S. Department of
      Agriculture. Personal Protective Equipment: Coveralls, Gloves, and Other Skin
      Protection.  Washington, D.C.

U.S. Environmental Protection Agency and Extension Service, U.S. Department of
      Agriculture. Personal Protective Equipment: Choosing Chemical-Resistant PPE
      Washington, D.C.

U.S. Environmental Protection Agency and Extension Service, U.S. Department of
      Agriculture. Personal Protective Equipment: Protective Eyewear.  Washington, D.C.

U.S. Environmental Protection Agency Prevention, Pesticides, and Toxic Substances.
      (April) 1993. A Guide to Heat Stress in Agriculture.  Occupational Safety and
      Health Administration.

U.S. Government.  (1992) 40 CFR Part 170. Federal Register. Washington, D.C.
May 1994                                 23               Module Three: Student Manual

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Health and Safety    	Worker Protection Inspection Course
                              REVIEW QUESTIONS
1.    The pesticide you are inspecting has no minimum PPE requirement to prevent
      inhalation exposure., Therefore, the Toxicity Category is (circle the correct
      answer):

      a.     Tox I or Tox II
      b.     Tox III or Tox IV
      c.     Tox I or Tox III
      d.     Tox II or Tox IV
      e.     Not enough information

2.    Match the Toxicity Category in  Column A with the appropriate warning statement
      in Column B. You may have to use an answer more than once.

              Column  A               Column B

      	 Toxicity Category I         a. Warning
      	 Toxicity Category II        b. Caution
      	 Toxicity Category III c. Danger
      	 Toxicity Category IV       d. Beware
3.     Match the Toxicity Category in Column A with the appropriate Restricted-Entry
      Interval in Column B.  (You may have to use the same answer more than once.)

             Column A              Column B

      	 Toxicity Category I        a. 12 hours
      	 Toxicity Category II       b. 48 hours
      	 Toxicity Category III      c. 6 hours
      	 Toxicity Category IV      d. 24 hours
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Worker Protection Inspection Course                                           Health and Safety


4.    What are the three primary routes of exposure to pesticides?
5.    What are the three circumstances in which a pesticide handler must operate in
      order to omit some of the PPE requirements?
6.     Name the two sources of heat buildup which can lead to heat stress.
7.     Name three signs that indicate PPE needs to be replaced, and is therefore in
      violation of the WPS.
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Health and Safety                                           Worker Protection Inspection Course


8.     True or False (circle).  If the respirator type is not specified on the pesticide
       labeling and it is a gas applied outdoors, any respirator may be used so long as it
       is has approval prefix number TC-13G from MSHA/NIOSH.
Module Three: Student Manual                26                                  May 1994

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Module Three
 Attachments

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Attachment

                ARIZONA DEPARTMENT OF HEALTH SERVICES

                            Inter-Office Memorandum
TO:                                                    DATE: November 30, 1990


THRU:


FROM:


RE:         Final Report
A surveillance report of a pesticide poisoning was received August 9, 1990, from Casa
Grande Regional Medical Center. The report concerned an illness characterized by
nausea, vomiting, diarrhea, sweating, and lacrimation for which Carlos Eduardo, a 40
year old pesticide mixer, was treated August 4, 1990.

The Arizona Commission of Agriculture and horticulture and the Industrial Commission
of Arizona were notified. Additional information on the circumstances of the incident
was received from Sylvia Benning, Industrial Hygiene Supervisor, ICA, September 24,
1990.  In October, a pesticide poisoning report was received from Good Samaritan
Poison Control.

According to Sylvia, Carlos became ill with headache, sweating, vomiting, diarrhea, and
weakness the night of August 4, 1990, after mixing and loading three batches of Lannate.
in Desertville, Arizona.  He was taken to Casa Grande Regional Medical Center, where
he was treated with atropine.  Carlos said that he may have wiped the sweat off his
forehead with a Lannate contaminated glove.
CF:kw

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                             Module Three Case Study
                 The Waco Farms Cactus and Tumbleweed Company
INSTRUCTIONS:  The following case study may require assumptions to be made by the
                   reader, and may not always reflect actual field experiences.  Read
                   the case study below and identify those items which are in violation
                   of the Worker Protection Standard.  List and explain why you have
                   selected those items in the space provided.  Please use the back of
                   the paper for additional space.
The Waco Farms Cactus and Tumbleweed Company (WFCTC) has been targeted for a
Worker Protection Inspection.  Your region has received complaints from several of the
employees at WFCTC about possible pesticide poisoning. This company occupies about
150 acres of agricultural land, sprays the cactus and tumbleweed with a Tox II liquid
pesticide, and employs a total of 32 workers and 15 pesticide handlers.

As you approach WFCTC, you observe several people wearing coveralls and short-
sleeved shirts leaving the fields and walking towards downtown Waco. Also, as you pull
into the WFCTC driveway, you notice someone in the field, and you also can see the sign
prohibiting entry into the field. The sign reveals today's date for the date of application
because they had sprayed the crops from a cropduster.

Upon entering the building, you conduct the appropriate pre-inspection activities, and
begin speaking with the employer.  In the midst of your conversation, you notice that a
new shift of  early-entry workers and pesticide handlers is putting on their PPE and are
about to enter the  field.  You excuse yourself, and go to observe the activities of the
pesticide handlers.  The PPE they are putting on includes coveralls over a short-sleeved
shirt and short-pants, a respirator, chemical-resistant  footwear, and chemical-resistant
gloves. The respirator the early-entry workers and pesticide handlers are using does not
have a built  in face shield as part of the apparatus.  Upon speaking briefly with the early-
entry workers and pesticide handlers, you  learn that they prefer changing clothes at
home, even though there is a change of clothing at the company. As a result, they often-
simply leave the field at the end of the day and walk home. They say that  they are very
careful about removing and thoroughly cleaning the PPE as soon as they get home.

Before the early-entry workers  and  pesticide handlers leave  to begin their work, you ask
to look at one of the respirators, and you  note that the approval number prefix is TC-
23C.  When asked  what they were about to do, some of the pesticide handlers replied
that they were going to mix and load the pesticide being applied. Some of the early-
entry workers replied they were going to pick crops.  (Later, when checking the pesticide
label, you note that this pesticide indicates a particular respirator, TC-21C, which must
be used while mixing, loading, or applying this product.)

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                             Module Three Case Study
                 The Waco Farms Cactus and Tumbleweed Company
                               Decontamination Site
INSTRUCTIONS:  The following case study may require assumptions to be made by the
                   reader, and may not always reflect actual field experiences.  Read
                   the case study below and identify those items which are in violation
                   of the Worker Protection Standard in terms of the requirements for
                   decontamination sites.  List and explain why you have selected
                   those items.  Please use the back of the paper for additional space.
As you proceed with your Worker Protection Inspection of the Waco Farms Cactus and
Tumbleweed Company (WFCTC), you reach a decontamination site used by many of the
early-entry workers and pesticide handlers in the field.  It is here that you find the clean
change of clothing provided to all the early-entry workers and pesticide handlers.

As you survey the site, you realize that this is the only decontamination site in the area.
It is approximately one mile from where early-entry workers and pesticide handlers are
working and one quarter mile from the mixing area;  Approximately a half mile from this
location is the aircraft's loading site, and you know from an earlier interview with the
pilot, this is the decontamination site she uses. In addition to the pilot, approximately 30
other early-entry workers and pesticide handlers use this decontamination site at the end
of every day.

During your observations of the early-entry workers and pesticide handlers while they
work, you see that they all carry their own half pint container of eyeflush water.  There
appears to be sufficient, clean water of an acceptable temperature provided to meet all
the early-entry workers' and pesticide handlers' decontamination needs.  Beside the water
tank, there are a 20 towels and one bar of white soap on a bench. You document the
observations you have made during this portion of your inspection and move on to your
next inspection activity.

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Module Three
 Attachments

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Attachment

                ARIZONA DEPARTMENT OF HEALTH SERVICES

                            Inter-Office Memorandum
TO:                                                   DATE:  November 30, 1990


THRU:


FROM:


RE:         Final Report
A surveillance report of a pesticide poisoning was received August 9, 1990, from Casa
Grande Regional Medical Center. The report concerned an illness characterized by
nausea, vomiting, diarrhea, sweating, and lacrimation for which Carlos Eduardo, a 40
year old pesticide mixer, was treated August 4, 1990.

The Arizona Commission of Agriculture and horticulture and the Industrial Commission
of Arizona were notified. Additional information on the circumstances of the incident
was received from Sylvia Benning, Industrial Hygiene Supervisor, ICA, September 24.
1990.  In October, a pesticide poisoning report was received from Good Samaritan
Poison Control.

According to Sylvia, Carlos became ill with headache, sweating, vomiting, diarrhea, and
weakness the night of August 4, 1990, after mixing and loading three batches of Lannatc
in Desertville, Arizona.  He was taken to Casa Grande Regional Medical Center, where
he was treated with atropine.  Carlos said that he may have wiped the sweat off his
forehead with a Lannate contaminated glove.
CF:kw

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                             Module Three Case Study
                 The Waco Farms Cactus and Tumbleweed Company
INSTRUCTIONS:  The following case study may require assumptions to be made by the
                   reader, and.may not always reflect actual field experiences. Read
                   the case study below and identify those items which are in possible
                   violation of the Worker Protection Standard. List and explain why
                   you have selected those items in the space provided.  Please use the
                   back of the paper for additional space.
The Waco Farms Cactus and Tumbleweed Company (WFCTC) has been targeted for a
Worker Protection Inspection.  Your region has received complaints from several of the
employees at WFCTC about possible pesticide poisoning. This company occupies about
150 acres of agricultural land, sprays the cactus and tumbleweed with a Tox II liquid
pesticide, and employs a total of 32 workers and 15 handlers.

As you approach WFCTC, you observe several people wearing coveralls and short-
sleeved shirts leaving the fields and walking towards downtown Waco. Also, as you pull
into the WFCTC driveway, you notice someone in the field, and you also can see the sign
prohibiting entry into the field. The sign reveals today's date for the date of application
because they had sprayed the crops from an aerial applicator.

Upon entering the  building, you conduct the appropriate pre-inspection activities, and
begin speaking with the employer. In the midst of your conversation, you notice that a
new shift of workers and handlers is putting on their PPE and are about to enter the
   d.  You excuse yourself, and go to observe the activities of the early-entry workers.
   .: PPE they are puuing on includes coveralls over a short-sleeved shirt and short-pants,
a respirator, chemical-resistant  footwear,  and chemical-resistant gloves. The respirator
the workers and handlers are using does not have a built in face shield as part of the
apparatus. Upon speaking briefly with the workers and handlers, you learn that they
prefer changing clothes at home,  even though there is a change of clothing at the
company.  As a result, they often simply leave the field at the end of the day and walk
home. They say that they are very careful about removing and thoroughly cleaning the
PPE as soon as they get home.

Bet    the workers and handlers  leave.,to begin their work, you ask to look at one of the
res    .iiors, and you note that the approval number prefix is TC-21C.  When asked what
thev were about to do, some of the handlers replied that they were going to mix and load
the pesticide being applied. Some of the workers replied they were going to pick crops
that were sprayed.  (Later, when  checking the pesticide label, you note that this pesticide
indicates a particular respirator, TC-23C, which must be used while mixing, loading, or
applying this product.)

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                             Module Three Case Study
                 The Waco Farms Cactus and Tumbleweed Company
                               Decontamination Site
INSTRUCTIONS:  The following case study may require assumptions to be made by the
                   reader, and may not always reflect actual field experiences.  Read
                   the case study below and identify those items which are in possible
                   violation of, the Worker Protection Standard in terms of the
                   requirements for decontamination sites.  List and explain why you
                   have selected those items.  Please use the back of the paper for
                   additional space.
As you proceed with your Worker Protection Inspection of the Waco Farms Cactus and
Tumbleweed Company (WFCTC), you reach a decontamination site used by many of the
workers and handlers in the field.  It is here that you find the clean change of clothing
provided to all the workers and handlers.

As you survey the site, you realize that this is the only decontamination site in the area.
It  is approximately one mile from where workers and handlers are working and one
quarter mile from the mixing area, and is accessible by cars and trucks. Approximately a
half mile from this location is the aircraft's loading site, and you know from an earlier
interview with the pilot, this is the decontamination site she uses. In addition to the pilot,
approximately 30 other workers and handlers use this decontamination site at the end of
every day.

During your observations of the workers and handlers while they work, you see that they
all carry their own half pint container of eyeflush water.  There appears to be sufficient,
clean water of an acceptable temperature  provided to meet all the workers' and handlers'
decontamination needs.  Beside the water  tank, there are 20 towels and one bar of white
soap on a bench. You document the observations you have made during this portion of
your inspection and move on to your next  inspection activity.

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   Inspector Training Program
Worker Protection Inspection Course

      Module Four:
      Components of
      Protection Inspections
          Student Manual

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Worker Protection Inspection Course                     Components of Worker Protection Inspections
MODULE FOUR:  COMPONENTS OF WORKER PROTECTION INSPECTIONS

      Objectives	1
      Introduction	3
            Purpose	3
            Objectives	3
            How Module is Linked with Other Modules	4
      Types of Worker Protection Inspections	4
      Registrant/Producer Establishment and Marketplace/Dealer Inspections	4
            Worker Protection Standard (WPS) - Required Statements  	5
            General Requirements	;	5
            Product-Specific Requirements	8
            Checklists	10
      Exercise ..	12
      Use Inspections	12
            Worker Protection Standard Requirements  	13
            Use Inspection Checklists  	13
      Data Collection Methods	33
      Exercise	34
      Summary	34
      Exercise	35
      References  	•.	36
      Review Questions  	37

      Module Four Attachments
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Worker Protection Inspection Course         	Components of Worker Protection Inspections
                                         OBJECTIVES

                    Given a WPS inspection situation, be able to successfully complete
                    the appropriate WPS inspection in accordance with the Worker
                    Protection Standard.

                    Given the three types of Worker Protection Inspections and worker
                    protection requirements, be able to classify all of the requirements for
                    the labeling and Worker Protection Standard with the appropriate
                    type of inspection.

                    Given written descriptions of the Worker Protection Statements, be
                    able to classify the general Worker Protection Statements and the
                    product-specific requirements according to the Worker Protection
                    Standard.

                    Given a sample pesticide product label, be able to identify (label) the
                    appropriate Worker Protection Statements.

                    Given an incorrect label, be able to identify potential non-compliance
                    statements on the label in accordance with the Worker Protection
                    Standard.

                    Given written descriptions of the requirements for the Worker
                    Protection Standard, be able to classify the requirements  for workers
                    and handlers.

                    Given the three Worker Protection Inspection Checklists, be  able to
                    plan strategies and conduct Worker Protection Inspections.
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Components of Worker Protection Inspections                     Worker Protection Inspection Course
                   [THIS PAGE INTENTIONALLY LEFT BLANK]
Module Four: Student Manual                 2                                May 1994

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Worker Protection Inspection Course                     Components of Worker Protection Inspections
                                 INTRODUCTION
Purpose

The purpose of this module is to inform you of the Worker Protection Requirements and
how the Worker Protection Standard (WPS) applies specifically to the different types of
inspections you will be conducting.
Objectives

•     Given a WPS inspection situation, be able to successfully complete the
      appropriate WPS inspection in accordance with the Worker Protection Standard.

•     Given the three types of Worker Protection Inspections and worker
      protection requirements, be able to classify all of the requirements for the
      labeling and Worker Protection Standard with the appropriate type of
      inspection.

•     Given written descriptions of the Worker Protection Statements, be able to
      classify the general Worker Protection Statements and the product-specific
      requirements according to the Worker Protection Standard.

•     Given a sample pesticide product label, be able to identify (label) the
      appropriate Worker Protection Statements.

•     Given an incorrect label, be able to identify potential non-compliance statements
      on the label in  accordance with the Worker Protection Standard.

•     Given written descriptions of the requirements for the Worker Protection
      Standard, be able to classify the requirements for workers and handlers.

•     Given the three Worker Protection Inspection Checklists, be able to plan
      strategies and conduct Worker Protection Inspections.
 May 1994                                3                 Module Four: Student Manual

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Components of Worker Protection Inspections
Worker Protection Inspection Course
How Module is Linked with Other Modules

In Modules One and Two we discussed the basic requirements of the WPS (WPS
statements and general requirements) and the compliance dates for the different WPS
requirements.  In Module Three we focused on the health and safety of workers and
protective clothing.  Now we are going to discuss how to conduct WPS inspections.
Module Four is the core of the WPS Inspection Training Program. It will be crucial for
future Worker Protection Inspections.
                       TYPES OF WORKER PROTECTION
                                 INSPECTIONS
There are three main types of Worker Protection Inspections:
      Registrant/Producer Establishment Inspections
      Marketplace/Dealer Inspections
      Use Inspections
During the first part of this module, we will focus on the first two types of inspections.
                REGISTRANT/PRODUCER ESTABLISHMENT AND
                     MARKETPLACE/DEALER INSPECTIONS
WPS Registrant/Producer Establishment Inspections are conducted to ensure that
products with WPS labels are properly packaged, labeled, and released for sale and
distribution; and that the site maintains accurate records.

Marketplace/Dealer Inspections are conducted to ensure that affected pesticides are sold
with WPS labels, and to ensure that pesticides are sold in accordance with the WPS. PR
Notice 93-11 may effect WPS label compliance dates.
Module Four:  Student Manual
                   May 1994-

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Worker Protection Inspection Course                     Components of Worker Protection Inspections
Worker Protection Standard (WPS) - Required Statements

The requirements for labeling pesticides are based on 40 CFR part 156, subpart K. They
are enforced through inspectors conducting Registrant/Producer Establishments and
Marketplace/Dealer Inspections. Both general and product-specific statements are
required to appear on affected labels.  The statements include:

General Statements

      Application Restrictions Statement
      Reference Statement
      Product-Type Identification Statement
      State Restrictions Statement
      Spanish Warning Statement

Product-Specific Statements

•     Restricted-Entry Statement
•     Notification-to-Workers Statement
•     Personal Protective Equipment (PPE) Statement

General Requirements

The WPS requires that certain statements appear on affected pesticide labels. Some
statements are standard for all affected products. These general WPS requirements
include:

      Spanish Warning Statement
      Product-Type Identification Statement
      Application Restrictions Statement
      State Restrictions Statement
      Reference Statement

Spanish Warning Statements
[40 CFR 156.206(e)]

The signal word "danger" or "warning" is  required if the product is classified as Toxicity
Category I or Toxicity Category II.  They must also appear in Spanish. A message in
Spanish and English must be adjacent to the signal word telling users to have all labeling
explained to them if they do not understand the labeling requirements. The required
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Components of Worker Protection Inspections
Worker Protection Inspection Course
statements for each toxicity category are shown in Table 4.1, Spanish Warning
Statements.
                       Table 4.1, Spanish Warning Statements
Labeling Requirements
Spanish Signal Word
English Signal Word
Spanish Statement
English Statement
Toxidly Category I
Peligro
Danger
Toxfcfty Categoiy U
Aviso
Warning
Si Usted no entiende la etiqueta, busque a alguien para
que se la explique a Usted en detalle.
If you do not understand the label, find some one to
explain it to you in detail.
Product-Type Identification Statement
[40 CFR 156.206(c)]

Products which contain an organophosphate or an N-methyl carbamate must indicate so
on the label.  This statement must be in the Product Name or Product-type Identification
or must be in the Active Ingredients or STATEMENT OF PRACTICAL TREATMENT
section of the label.

If the product is a fumigant, this must be noted as part of the product name or as part of
the product-type identification.
Application Restrictions Statement
[40 CFR 156.206(a)J

All affected product labels must include a statement prohibiting application of the
product in any way that will contact workers or other persons directly or through drift.
This statement must appear under the heading Directions For Use.
Module Four: Student Manual
                   May 1994

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Worker Protection Inspection Course	Components of Worker Protection Inspections
                              DIRECTIONS FOR USE
         Do not apply this product in a way that will contact workers or other persons, either directly
         or through drift.  Onfy protected handlers may be in the. area during application.
State Restrictions Statement
[40 CFR 156.206(d)]

Each product must include a statement that references any applicable state restrictions.
Each agricultural employer is responsible for complying with state-specific regulations in
addition to Federal regulations.  This statement appears under the heading Directions
For Use.
                              DIRECTIONS FOR USE
         For any requirements specific to your State, consult the agency in your State responsible for
         pesticide regulation.
Reference Statement
[40 CFR 156.206(b)(l)]

All affected product labels must include a reference statement requiring employers to
comply with the Worker Protection Standard (40 CFR part 170). The statement should
be placed on the product label under the heading Agricultural Use Requirements.  The
major compliance areas under the Worker Protection Standard include:

       Notification and Posting of Pesticide Application
       Application and Entry Restrictions
       Personal Protective Equipment (PPE) and Pesticide Handling Equipment
       Pesticide Safety Training
       Pesticide Safety Information
       Decontamination
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Components of Worker Protection Inspections	Worker Protection Inspection Course


•      Emergency Assistance
•      Retaliation
                     AGRICULTURAL USE REQUIREMENTS
         Use this product onfy in accordance with its labeling and with the Worker Protection
         Standard, 40 CFRpart 170.
Although 40 CFR part 170 is not reprinted in its entirety on the labeling, agricultural
employers are responsible for becoming informed and complying with it.

Product-Specific Requirements
[40 CFR 156.206(b)(2)]

All affected product labels must inform users (e.g., early-entry workers, handlers, and
their employers) of product-specific requirements related to personal protective
equipment, restricted-entry intervals, and/or notification to workers.
These product-specific labeling requirements include:

•     Personal Protective Equipment (PPE) Statement
•     Restricted-Entry Statement
•     Notification-to-Workers Statement
These statements may vary, depending upon the specific product requirements.  For
example, the restricted-entry interval (REI) is determined by the toxicity level of the
active ingredient of a particular product. Other factors, such as research on the hazards
of a product, may also influence the REI.
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Worker Protection Inspection Course	Components of Worker Protection Inspections
                    AGRICULTURAL USE REQUIREMENTS
  This standard contains requirements for the protection of agricultural workers on farms, forests, nurseries,
  and greenhouses, and handlers of agricultural  pesticides.  It contains requirements for training,
  decontamination, notification, and emergency assistance. It also contains specific instructions and exceptions
  pertaining to the statements on this label about (the use of any of the following that are applicable) personal
  protective equipment, restricted entry interval, and notification to workers.
Personal Protective Equipment (PPE) Statements
[40 CFR 156.212]

This section specifies the minimum requirements for PPE and work clothing for pesticide
handlers and for early entry into treated areas that is permitted under the WPS.  The
requirement for PPE is based on the acute toxicity of the end-use product for each type
of exposure.

PPE Statements on Pesticide Labeling
[40 CFR 156.212(c)]

Verify that PPE requirements exist on the label. Each product label must contain a
statement referencing the appropriate PPE or work clothing.

•     The PPE statement for pesticide handlers can be found in the HAZARDS TO
      HUMANS (AND DOMESTIC ANIMALS) section of the labeling.

•     The PPE statement for early-entry workers is found in the DIRECTIONS FOR
      USE section of the labeling under the heading AGRICULTURAL USE
      REQUIREMENTS.

•     Check for PPE statements under PRECAUTIONARY STATEMENTS, under
      HAZARDS TO HUMANS (& DOMESTIC ANIMALS).

•     A statement which specifies the minimum requirements for PPE based on the
      acute toxicity of the end-use product must appear on the label.

The Worker Protection Inspection Guidance contains more detailed requirements for
various PPE (e.g., chemical-resistant gloves, respiratory protection devices).  This
information and the more detailed requirements were covered in Module Three.
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Restricted-Entry Statements
[40 CFR 156.208]

All agricultural pesticide labels must have a restricted-entry statement, although the
statement wfll vary depending on the toxicity of the active ingredient of the product
Check for restricted-entry statements on product label or labeling under the heading
AGRICULTURAL USE REQUIREMENTS which is under DIRECTIONS FOR USE.
REIs were covered in detail in Module Three.
Notification-to-Workers Statements
[40 CFR 156.210]

Toxicity Category I
[40 CFR 156.210(b)(l)]

If a product is highly toxic (i.e., Toxicity Category I) for acute dermal toxicity (skin
irritation potential), the label requires "double warnings." Agricultural employers will be
required to notify workers of the application both orally and by posting warning signs at
entrances to treated areas.
Fumigants Applied in Greenhouses
[40 CFR 156.210(b)(2)]

For each product which is a fumigant and is registered for use in a greenhouse or where
labeling allows use in a greenhouse, the label requires "double warnings."  Agricultural
employers will be required to notify workers of the application by warning them orally
and by posting warning signs outside all entrances to the greenhouse.

Check for notification-to-workers of pesticide applications statements under
AGRICULTURAL USE REQUIREMENTS, under DIRECTIONS  FOR USE section of
the labeling.

Checklists

A series of checklists have been created to facilitate Worker Protection Inspections.
There is an individual checklist for each type of inspection.  You are strongly encouraged
to use these checklists during an inspection for documentation purposes.  The checklists
were designed to ensure that you conduct a thorough and legally sound inspection.
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Registrant/Producer/Marketplace/Dealer Establishment Inspection Checklist

In general, Registrant/Producer/Marketplace/Dealer Establishment Inspections are
conducted to ensure that registrants, producers, distributors, and dealers of agricultural
pesticides are using labels,  that comply with the WPS and EPA PR Notices 93-7 and 93-
11 and maintaining accurate records.  The Registrant/Producer/Marketplace/Dealer
checklist was designed specifically for inspections of such establishments.

There are three types of Worker Protection Inspections:

•     Registrant/Producer Establishment
•     Marketplace/Dealer
•     Use

The labeling requirements based on 40 CFR 156, subpart K are enforced by the first two
types of inspections.

The WPS requires compliance by the registrant and producer establishment, as well as
marketplace establishments. In general, these requirements are to ensure that registrants
and producers of agricultural pesticides are properly packaging, labeling, and releasing
pesticide products  for shipment with WPS labels, and maintaining accurate records.  For
marketplaces and dealers of agricultural pesticides compliance requires selling products
with EPA-accepted labels, and selling restricted use pesticides in accordance with the
WPS. The compliance dates for these establishments were covered in Module Two.

The required statements must appear on affected pesticide labels.  Some statements are
standard for all affected products.  These general WPS requirements include:

      Application Restrictions Statement
      Reference Statement
      Product-Type Identification Statement
      State Restrictions Statement
      Spanish Warning Statements
Product-specific statements, required On all affected product labels, are as follows:

•      Restricted-Entry Statement
•      Notification-to-Workers Statement
•      Personal Protective Equipment Statement
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These statements may vary, depending upon the specific product requirements.
                                       USE
                                   INSPECTIONS
This section covers Use Inspections.  In terms of the Worker Protection Standard, Use
Inspections involve agricultural sites; such as farms, forests, nurseries, and greenhouses.
Generally, these inspections are conducted to ensure that agricultural employers that use
agricultural pesticides which are subject to the WPS are complying with the requirements
of the product label when that label references the WPS. The reason for conducting Use
Inspections is to ensure that pesticides are used in a manner consistent with their
labeling and the 40 CFR part 170 requirements. Therefore, you must check the specific
product labeling of the pesticides used to determine whether or not the agricultural
employer is in compliance with the WPS.
Use Inspections Checklists
The checklists were designed to ensure that you conduct a thorough and legally sound
inspection. You are strongly encouraged to use these checklists during an inspection for
documentation purposes.  Use Inspections are conducted at sites which apply pesticides
for agricultural reasons. The focus of these inspections is to ensure employers are
following the requirements of the WPS as specified by the major compliance areas.

During routine pesticide inspections (i.e., pesticide inspections not specifically targeted
for Worker Protection), you should refer to the Core Inspection Checklist.  This checklist
contains "CORE" questions that should be asked during the  opening interview.

During comprehensive worker protection inspections (i.e., pesticide  inspections
specifically targeted at worker protection compliance), you should use the Core
Inspection Checklist and the comprehensive checklist.  The comprehensive checklist is
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divided into separate sections which address specific handler, early-entry worker and field
worker questions.  The page numbers beside the questions refer to the Worker
Protection Field Pocket Guide.

The checklists are designed to reflect the order of activities you will engage in while on
site. However, if a pesticide application is on-going during the inspection, you should
immediately proceed to the application site.

You are encouraged to make multiple copies of each checklist, since inspections may
involve more than one application site, or more than four pesticides. Please ensure that
the establishment name, specific application site, and date of inspection are included on
each checklist.

Inspectors are also requested to sign each checklist. For all responses which may be in
violation of WPS regulations, explain possible violations in the comment section and
attach documentary evidence.

Worker interviews are likely to take place during a follow-up, or for cause, investigation.


Worker Protection Standard Requirements

The inspection tasks are organized into major inspection  areas:

•      Employer Interviews
•      Inspect Labels of Products Used at the Agricultural Establishments
•      Notification and Posting of Pesticide Application
•      Application and Entry Restrictions
•      Personal Protective Equipment (PPE) and Pesticide Handling Equipment
•      Pesticide Safety Training
•      Pesticide Safety Information
•      Decontamination
•      Emergency Assistance
•      Retaliation
To enforce the requirements of the Worker Protection Standard, you must be aware of
the compliance dates for both the product-specific and all WPS requirements based on
40 CFR part 170.
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•     All affected products sold or distributed by registrants after April 21, 1994 must
      bear revised labeling with the WPS-required statements.

•     All affected products sold or distributed by anyone after October 23, 1995 must
      bear the revised labeling with the WPS-required statements.


Employer Interview

During the opening interview, you should ask "core questions" to identify possible areas
of noncompliance.  These questions are part of the Use Inspection Core Checklist which
wfl] be reviewed in more detail later in the module.  The core questions should be
addressed in every routine Use Inspection. The major compliance areas covered by the
core questions include:

•     displaying the safety poster and pesticide application information
•     informing workers about pesticide applications and restricted-entry intervals
•     allowing only protected wo^ke^s^andle^s into restricted areas
•     ensuring that wo^ke^s^andlers receive pesticide safety training
•     providing decontamination sites
•     following procedures in case of worker/handler injury or illness
•     providing personal protective equipment
•     storing personal clothing and changing into PPE
•     taking steps to ensure that mixing, loading, and application equipment is in
      working order and safe
•     informing handlers and early-entry workers about product label requirements
•     commercial handler providing information to the site employer about pesticide
      application
Inspect Labels of Products Used at Agricultural Establishments

Verify whether WPS products are being used.  You should record all pesticides used (or
to be used) on the establishment by product name, EPA registration number, quantity in
storage, and crop used on. For each product listed, record whether it has a revised WPS
label.  Prior to April 15, 1994, check if there are any pesticide products with  the revised
labeling.  If so, ensure that the employer is complying with the label and specific
requirements which include:

•      notification of workers
•      personal protective equipment
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•     restricted-entry intervals

After April 15,1994, ensure that the employer is complying with the provisions of the
WPS when using the WPS labeled products, including safety training, decontamination
sites, etc.
Notification and Posting of Application
[40 CFR 170.120]

To ensure that notification and posting of pesticide applications comply with the WPS,
you must:

•     Confirm that proper notification of the pesticide application was made to all
      workers at the site through interviews with workers and/or their employer(s), and
      through visual inspection of the warning sign.

•     Check that the treated area is/was posted with warning signs in the required
      format  and manner through interviews with workers and/or their employer(s), and
      through visual inspection of the warning sign.

                                     AND/OR

•     Verify that oral notification of the pesticide application was given to all workers at
      the site, as required, through interviews with employers and/or workers.
Table 4.2 shows a summary of the requirements for Posted and Oral Warnings.
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                   Table 42  Requirements for Posted and Oral Warnings
            Requirements for Posted Warning Signs
                                                       KeqalremenU lor Oral Warning*
        Include the words: Pesticides/Pesticidas, Danger/Peligro, and
        Keep Out/No Entre
        Contain the WPS warning-sign symbol (stern face and railed
        hand within a circle)
        Meet size and color requirements (e-g., red ink on a
        contrasting background, 14" x 16")
        Be visible at all entrances to the treated area
        Be posted  no sooner than 24 hours before the scheduled
        application
        Remain pasted throughout the application and REI (must be
        visible and legible)
        Be removed within 3 days after the application and any REI
        expires, and before allowing workers to enter the treated area
                                                Oral warnings must be provided in a manner that the
                                                worker can understand (e.g^ translation may be
                                                required)
                                               »
                                                Warning should be given prior to the application to
                                                workers on the premises; otherwise, the warning shall
                                                be given at the beginning of the first work period
                                                during the time of application or REI
                                               »
                                                Give location and description of the treated area
                                               »
                                                State the time during which the REI is in effect
                                               *
                                                Employers must instruct workers not to enter the
                                                treated area until the REI is over
If notice of application was not given to workers, verify that the employer did not
allow, from the start of application to the end of the REI, any worker to enter,
work in, remain in, or pass through a treated greenhouse. In  addition, verify no
worker  passed through on foot or within one-quarter mile of a treated farm area,
nursery or forest. Assess compliance by interviewing the agricultural employer
and/or workers.

If the application was  done by a custom applicator (for hire),  verify through
interviews with employers that prior to  the application, the pesticide handler
employer provided to  the agricultural employer the following information [40 CFR
170.224]:

• •    specific location and description  of the pesticide-treated area

       time and date of application

       product name, EPA registration  number, and active ingredient(s)

       REI

       whether posting and/or oral notification are required
        • •
        • •
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       • •    any other product-specific requirements on the product labeling concerning
             the protection of workers or other persons during or after application

•      Verify that all product-specific requirements on the pesticide label application
       were followed through interviews with workers and/or their employer(s), and
       through observation of an application, if appropriate. You may want to take
       photographs during the application to document a suspected violation.

Application and Entry Restrictions
[40 CFR 170.110, 40 CFR 170.112 and 40 CFR 170.210]

To ensure that the agricultural employer and/or handler  employer is in compliance with
application and entry restrictions, you must:

•      Verify that during application, general entry restrictions were followed forbidding
       the agricultural employer to allow or direct any person  other than an
       appropriately  trained and  equipped handler to enter or to remain in a treated
       area. Assess compliance through interviews with workers, handlers and/or their
       employers, and through observation of an application, if appropriate.
Farms and Forests
[40 CFR 170.110(a) and 40 CFR 170.210(a)]

•     Confirm that the handler employer and handler ensured that no pesticide was
      applied so as to contact, either directly or through drift, any worker or other
      person, other than a properly trained and equipped handler. Assess compliance
      through interviews with handlers and/or handler employers, and/or through
      observation of an application.

•     Verify that workers were prohibited from entering the treated area and any
      required border areas through interviews with workers and/or their employers,
      and/or through observation. You may want to review application records to
      determine which areas are under a restricted-entry interval.

•     Confirm that the REI on the product label is/was adhered to through interviews
      with workers and/or their  employers, and/or through observation.  You may want
      to review application records to determine which areas are under a restricted-
      entry interval.
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Nurseries
[40 CFR 170.110(b)]

There are additional requirements for nurseries.
       Verify that the application-specific entry restrictions and restricted areas for
       nurseries were followed through interviews with workers and/or their employers,
       or through observation.  You may want to review application records to
       determine which areas are under a restricted-entry interval. Table 4.3 displays
       application and entry restrictions in nurseries.
                     Table 43,  Entry-Restricted Areas in Nurseries
                             During Pesticide Applications
Oaring Application of • Pesticide
(l)(a) Applied: aerially, in an upward direction, or using a
spray pressure greater than 150 psi, or
(b) Applied as a: fumigant, smoke, mist, fog, or aerosol.
(2)(a) Applied downward using: a height of greater than 12
inches from the planting medium, a fine spray, or a spray
pressure greater than 40 psi and less than ISO psi.
(b) Not as in 1 or 2(a) above, but for which a respiratory
protection device is required for application by the product
labeling.
(3) Applied otherwise.
Workers mn Prohibited In:
Treated area plus 100 feet in
all directions of the nursery
Treated area plus 25 feet in
all directions of the nursery
Treated area
Greenhouses
[40 CFR 170.110(c)]

There are also specific requirements for greenhouses.

•      Verify that the application-specific entry restrictions and restricted areas for
       greenhouse were followed through interviews with workers and/or their employers,
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        Components of Worker Protection Inspections
       or through direct observation.  You may want to review application records to
       determine which areas are under a restricted-entry interval.

       Verify that the ventilation criteria for pesticide applications in greenhouses were
       followed through interviews with workers and/or their employers, or through direct
       observation. Table 4.4 illustrates application and entry restrictions in greenhouses.
    Table 4.4 Greenhouse Entry Restrictions Associated With Pesticide Applications
A. When • Pesticide fc Applied:
(1) As a fumigant
(2) As a smoke, mist, fog, or
aerosol
(3) Not in 1 or 2 above, and a
respiratory protection device is
required for application by the
product labeling.
(4) Not in 1, 2, or 3 above, and:
from a height of greater than
12 inches from the planting
medium, a fine spray, or a
spray pressure greater than 40
psi and less than ISO psi.
(5) Otherwise
B. Workers are
Prohibited in:
Entire greenhouse
plus any adjacent
structure that cannot
be sealed off from
the treated area
Entire enclosed area
Entire enclosed area
Treated area plus 25
feet in all directions
in the enclosed area
Treated area
C Until:
Ventilation shall continue until the
air concentration is measured to be
equal or less to than the inhalation
exposure level the labeling requires to
be achieved. If no inhalation
exposure level is listed on the
labeling, ventilation shall continue
after. 10 air exchanges are
completed; or 2 hours of ventilation
using fans or other mechanical
ventilating systems; or 4 hours of
ventilation using vents, windows or
other passive ventilation; or 11 hours
with no ventilation followed by 1
hour of mechanical ventilation; or 11
hours of no ventilation followed by 2
hours of passive ventilation; or 24
hours with no ventilation.
Application is complete
Application is complete
D. After the Expiration of
Time In Column C, Until
the REI Expires, the
Entry-Restricted Area to:
No entry restrictions after
criteria in column C are
met.
Entire enclosed area is
the treated area
Treated area
Treated area
Treated area
Exceptions for Earfy Entry Workers
[40 CFR 170.112]

Exceptions to the above requirements for early entry workers include the following
activities.
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•      Verify through interviews with workers and/or their employers, or through direct
       observation that early entry into a treated area under a REI by workers was under
       the following exceptions:

       • •    activities with no contact [40 CFR 170.112(b)J
       • •    short-term activities [40 CFR 170.112(c)]
       • •    agricultural emergency [40 CFR 170.112(d)]
       • •    other entry allowed by the exception process [40 CFR 170.112(e)]

•      Confirm that, if early entry did occur under the exception for activities with no
       contact, the agricultural employer ensured the worker had no contact with
       pesticide  residues on treated surfaces of plants or in soil, water, or  air.  Assess
       compliance through interviews with workers and/or their employers, or through
       direct observation.

•      Confirm through interviews with workers and/or their employers, or through direct
       observation that, if early entry did occur under the exception for short-term
       activities  and agricultural emergencies, the following requirements were met:

       • •    Prohibition against performing hand labor activities

       • •    Prohibition against spending more than 1 hour in a 24-hour  period in a
             treated area for short-term activities

       • •    Prohibition against entering the treated area within 4 hours  of application,
             and at least until any inhalation exposure level listed on the  product
             labeling has been reached, or any WPS ventilation criteria have been met

•      Verify worker familiarity with the product label requirements related to human
       related hazards or precautions, first aid, symptoms of poisoning, PPE, and any
       other labeling requirements related to safe use.  Assess compliance through
       interviews with workers and/or their employers.  [40 CFR 170.112(c)(5)]

•      Inspect for proper use, maintenance, and storage of PPE through interviews with
       workers and/or their employers, or through visual inspection. [40 CFR
       170.112(c)(4) and (cX6)]

•      Check for provision of a decontamination site through interviews with workers
       and/or their employers, or through visual inspection.  [40 CFR 170.112(c)(8)]
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•      Verify that early entry workers were trained prior to entering the treated area
       through interviews with workers and/or their employers.  [40 CFR 170.130(a)(2)]

Note:  An "agricultural emergency" means a sudden occurrence or set of circumstances
which the agricultural employer could not have anticipated and over which the
agricultural employer has no control, and which requires entry into a treated area during
a restricted-entry interval, when no alternative practices would prevent or mitigate a
substantial economic loss (i.e., loss in profitability greater than that which would be

expected based on fluctuations in previous years).  A worker may enter the treated area
to perform tasks, including hand labor tasks, necessary to mitigate the effects of the
agricultural emergency if:

•      the State, Tribal or Federal Agency having jurisdiction over the area declares the
       existence of circumstances that could cause an agricultural emergency on the
       establishment, and

•      the agricultural employer determines that the agricultural establishment is subject
       to those circumstances
Specific Requirements for Pesticide Handlers
[40 CFR 170.210]

Confirm through interviews with handlers and/or their employers, or through direct
observation (if appropriate) that the handler employer ensured that the following
handler-specific provisions were met during handling activities:

•      Any person handling highly toxic pesticides or any product with the skull and
       crossbones symbol on the front panel, was monitored visually or by voice
       communication at least every two hours. [40 CFR 170.210(b)]

•      Any handler who handled fumigation in a greenhouse, including a handler who
       enters the greenhouse before the acceptable exposure level or ventilation criteria
       has been  met, maintained continuous visual/voice contact with another handler.
       [40 CFR  170.210(c)(l)]

•      The other handler had immediate access to the PPE required by the fumigant
       labeling for handlers in the event that entry into the fumigated greenhouse was
       necessary for rescue.  [40 CFR 170.210(c)(2)]
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Personal Protective Equipment flPPE) and Pesticide Handling Equipment
To confirm that the agricultural employer and/or handler employer is in compliance with
PPE requirements for early entry workers and pesticide handlers, you must verify through
interviews with workers, handlers and/or their employers, or through  direct observation
that the employer ensured the following requirements were met.
Earfy Entry Workers/Pesticide Handlers
[40 CFR 170.112(c)(4) through (c)(9) and 40 CFR 170.240(e) and (f)]

•      PPE specified on the product labeling was provided to and used by the
       workers/handlers.

•      Workers/handlers wore the PPE correctly and for its intended use.

•      Each worker was instructed on how to put on, use, and remove the PPE and on
       the importance of washing the PPE thoroughly after removing.

•      Workers/handlers had a clean place(s) away from pesticide storage  and  pesticide-
       use areas to store personal clothing not in use, and put on and remove PPE.

•      All PPE was cleaned according to the manufacturer's instructions, the product
       labeling  or, if none, washed thoroughly in detergent and hot water before each day
       of reuse.

•      Before being stored, all PPE was dried thoroughly or put  in a well-ventilated place
       to dry.

•      All PPE contaminated with pesticides was kept and washed separately from other
       clothing  or laundry.

•      Any person who cleaned or laundered PPE was informed it may be contaminated
       with pesticides, of the potentially harmful effects of exposure to pesticides, and the
       correct way(s) to handle and clean PPE contaminated with pesticides.

•      All PPE was stored separately from personal clothing and apart from pesticide-
       contaminated areas.
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•     Before each use, all PPE was inspected for leaks, holes, tears, worn places, and
      any damaged equipment was repaired or discarded.

•     PPE that could not be cleaned was properly disposed of in accordance with
      Federal, State, and local regulations.

•     Each worker/handler was instructed in the prevention, recognition, and first-aid
      treatment of heat-related illness.

•     Workers/handlers were restricted from wearing or taking home PPE contaminated
      with pesticides.

•     Dust/mist filters used in handler dust/mist masks or respirators were replaced
      (refer to Section 170.240(f)(6)):

      • •    when breathing resistance becomes excessive
      • •    when the filter element has physical damage or tears
      • •    according to the manufacturer's recommendations or pesticide product
             labeling, whichever is more frequent
      • •    in the absence of any other instructions or indications of service life, at the.
             end of each day's work period


•     Gas or vapor absorbing canisters or cartridges used in handler's gas and vapor
      absorbing respirators were replaced (refer to Section 170.240(f)(7):

      • •    at the first indication of odor, taste, or irritation
      • •    according to the manufacturer's recommendations or pesticide product
             labeling, whichever is more frequent
      • •    in the absence of any other instructions or indications of service life, at the
             end of each day's work period
Specific Requirements for Pesticide Handlers
In addition to the above PPE requirements, the following requirements are specific for
pesticide handlers.  Assess compliance through interviews with handlers and/or their
employers, or through direct observation.
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•      The PPE for pesticide handlers conformed to the appropriate provisions for
       closed systems, enclosed cabs, open cockpit aerial applications, and closed cockpit
       aerial applications (if applicable). [40 CFR 170.240(d)(4) through (d)(6)]

•      Before using equipment for mixing, loading, transferring, or applying pesticides,
       each pesticide handler was instructed in the safe operation of such equipment,
       chernigation safety requirements, and drift avoidance when relevant.  [40 CFR
       170.234(a)]

•      Before each use, equipment for mixing, loading, transferring, or applying
       pesticides was inspected for leaks or clogs, and worn or damaged equipment was
       repaired or replaced.  [40 CFR 170.234(b)]

•      Before allowing any person other than a correctly trained and properly equipped
       handler to repair, clean, or adjust equipment used for mixing, loading, transferring,
       or applying pesticides, the pesticide residues were removed from the equipment.
       [40 CFR 170.234(c)]

•      If pesticide removal was not feasible, the  person who repaired, cleaned, or
       adjusted the equipment was informed that such equipment may have been
       contaminated with pesticides, and of the correct way to handle such equipment.
       [40 CFR 170.234(c)]
Pesticide Safety Training
You must ensure that the agricultural employer and/or handler employer is in compliance
with pesticide safety training requirements. To accomplish this, you will need to perform
the following tasks.
Agricultural Workers
[40 CFR 170.130]

•      Confirm through interviews with workers and/or their employers that all workers
       who entered a treated area, for which a REI was in effect or had expired within
       thirty days, received pesticide safety training.  You may want to review training
       records or employee training certification cards, if available.  Please bear in mind
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      that there are grace periods for regular workers that may apply. If training was
      required, make sure they've had it. [40 CFR 170.130(a)(3)]

•     Verify through interviews with workers and/or their employers that general
      pesticide safety training was presented to workers in a manner that could be
      understood, orally or using written or audiovisual training materials that employed
      non-technical tenns.[40 CFR 170.130(c)(l)]

•     Confirm that the person who conducted the worker safety training met the
      requirements for certification and training through interviews with the employer.
      [40 CFR 170.130(c)(2)]

•     Verify through interviews with workers and/or their employers, or by reviewing the
      training materials that the general pesticide  safety training materials presented to
      workers  included, at a minimum [40 CFR 170.130(c)(4)]:

      • •    where and in what form pesticides may be encountered during work
             activities

      • •    hazards of pesticides resulting from toxicity and exposure, including acute
             and chronic effects,  delayed effects, and sensitization

      • •    routes through which pesticides can enter the body (covered in detail in
             Module Three)

      • •    signs and symptoms of common types of pesticide poisoning (covered in
             detail in Module Three)

      • •    emergency first aid for pesticide injury or poisoning (covered in detail in
             Module Three)

      • •    how to obtain emergency medical care (covered in detail in Module Three)

      • •    routine and  emergency decontamination procedures, including emergency
             eyeflushing techniques (covered in detail in Module Three)

      • •    hazards from chemigation and drift

      • •    hazards from pesticide residues on clothing

      • •    warnings about taking pesticides or pesticide containers home
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       • •    an explanation of the WPS requirements designed to protect workers,
             including application and entry restrictions, design of the warning sign,
             posting of warning signs, oral warnings, availability of specific information
             about  applications, and protection against retaliatory acts.
Pesticide Handlers
[40 CFR 170.230]

•      Verify that all pesticide handlers received safety training through interviews with
       handlers and/or their employers. You may want to review training records and/or
       employee training certification cards if appropriate.  [40 CFR 170.230(a)]
       Verify through interviews with handlers and/or their employers that general
       pesticide safety information was presented to handlers in a manner that could be
       understood, orally or using written or audiovisual training materials that employed
       non-technical terms. [40 CFR 170.230(c)(l)]

       Confirm that the person who conducted the handler safety training met the
       requirements for certification and training through interviews with handler
       employers.  [40 CFR 170.230(c)(2)]

       Confirm through interviews with handlers and/or their employers, or by reviewing
       the training materials that the general pesticide safety training materials for
       pesticide handlers included at a minimum [40 CFR 170.230(c)(4)]:
       • •    format and meaning of information contained on pesticide labels and in
             labeling, including safety information, such as human health hazard
             precautionary statements

       • •    hazards of pesticides resulting from toxicity and exposure, including acute
             effects, chronic effects, delayed effects, and sensitization

       • •    routes through which pesticides can enter the body

       • •    signs and symptoms of common pesticide poisoning

       • •    emergency first aid for pesticide injuries or poisonings
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Worker Protection Inspection Course	Components of Worker Protection Inspections


       • •    how to obtain emergency medical care

       • •    routine and emergency decontamination procedures, including emergency
             eyeflushing techniques

       • •    need for and appropriate use of PPE

       • •    prevention, recognition, and first-aid treatment of heat-related illness

       • •    safety requirements for handling, transporting, storing, and disposing of
             pesticides, including general procedures for spill cleanup

       • •    environmental concerns such as drift, runoff, and wildlife hazards

       • •    warnings about taking pesticides or pesticide containers home

       • •    an explanation of WPS requirements that handler employers must follow
             for the protection of handlers and others, including the prohibition against
             applying pesticides in a manner that will cause contact with workers or
             other persons, the requirement to use PPE, the provisions for training and
             decontamination, and the protection against retaliatory acts

•      Check and document that the handler read the product labeling or had been
       informed, in a language the handler could understand, of  all labeling requirements
       related to safe use of the pesticide, such as signal words,  human hazard
       precautions, PPE requirements, first-aid instructions, environmental precautions,
       and any additional precautions pertaining to the handling  activity performed.
       Assess compliance through interviews with handlers and/or their employers. [40
       CFR 170.232(a)(l)]

•      It is the handler employer's responsibility to provide the handler with product
       labeling.  Verify and document that the handler had access to the product labeling*
       during handling activities through interviews with the handlers and/or their
       employers.  [40 CFR 170.232(a)(2)]

Note:  EPA is preparing training material; however, employers will not be required to
use these materials.
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Components of Worker Protection Inspections                     Worker Protection Inspection Course


Pesticide Safety Information
You must make sure that the information described in this section is displayed at a
readily accessible, visible, central location on the agricultural site and can be seen and
read by handlers/workers, and that the workers are given access to it If the site is a
forest, the information should be displayed in or near the forest where it can be readily
seen and read by handlers, and where handlers are likely to congregate or pass by.

Pesticide Safety Poster
[40 CFR 170.135 and 40 CFR 170.235]

To ensure that the agricultural employer complies with the WPS requirements for a
pesticide safety poster, you must perform the following activities:

•      Check for a pesticide safety poster displayed in an easily accessible, central
       location.  If it is not the EPA-approved poster, photographing the poster is
       recommended.  Assess compliance through interviews with workers, handlers,
       and/or their employers, or through visual inspection. An EPA-approved poster
       will be available to facility owners upon request.  [40 CFR 170.135(d) and 40 CFR
       170.235(d)]

•      Verify through interviews with workers, handlers, and/or their employers, or
       through visual inspection  that the safety poster conveys the following basic
       pesticide safety concepts [40 CFR 170.135(b)(l) and 40 CFR 170.235(b)(l)]:
             Avoid getting on your skin or into your body any pesticides that may be on
             plants and soil, in irrigation water, or drifting from nearby applications

             Wash before eating, drinking, chewing gum, using tobacco, or using the
             toilet

             Wear work clothing that protects your body from pesticide residues, such as
             long-sleeved shirts,  long pants, shoes, socks, and hats or scarves

             Wash or shower with soap and water, shampoo your hair, and put on clean
             clothes after work
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Worker Protection Inspection Course	Components of Worker Protection Inspections


       • •    Wash work clothes separately from other clothes before wearing them
             again

       • •    Wash immediately in the nearest clean water if pesticides are spilled or
             sprayed on your body; as soon as possible, shower, shampoo, and change
             into clean clothes

       • •    Follow directions about keeping out of treated or restricted areas

•      In addition, the WPS Safety Poster must tell workers/handlers that there are
       Federal rules to protect them, including a requirement for safety training. Assess
       compliance through interviews with workers, handlers, and/or their employers.  [40
       CFR 170.135(b)(2) and 40 CFR 170.235(b)(2)]

•      Check and document that workers/handlers have been informed of the location of
       the safety poster through interviews with workers, handlers, and/or their
       employers.  [40 CFR 170.135(e) and 40 CFR  170.235(e)]

•      Check and document that the workers/handlers have access to the pesticide safety
       poster through interviews with workers, handlers, and/or their employers, and/or
       by inspecting the poster.  [40 CFR 170.135(e) and 40 CFR 170.235(e)]

•      Ensure that the  safety poster is legible through interviews with workers, handlers,
       and/or their employers, or through direct observation of the poster.  You may
       want to photograph the poster to document a suspected violation.  [40 CFR
       170.135(f) and 40 CFR 170.235(f)]
Emergency Medical Care Information
[40 CFR 170.135(c) and 40 CFR 170.235(c)]

•      Inspect for the location on, or near, the safety poster for the address and
       telephone number of the nearest emergency medical care facility through
       interviews with workers, handlers, and/or their employers, or through direct
       observation.  [40 CFR 170.135(c)(l) and 40 CFR 170.235(c)(l)]

•      Confirm that the employer has promptly informed workers/handlers of any
       change(s) to the information on emergency medical care facilities through
       interviews with workers, handlers, and/or their employers.  [40 CFR 170.135(c)(2)
       and 40 CFR 170.235(c)(2)]
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Components of Worker Protection Inspections                      Worker Protection Inspection Course
Pesticide Application Information
[40 CFR 170.122 and 40 CFR 170.222]

•      Confirm that the specific application information is posted near the safety poster
       before the pesticide application, or at the same time through interviews with
       workers, handlers, and/or their employers, or through direct observation.  [40 CFR
       170.122(a) and 40 CFR  170.222(a)]

•      Verify that the information includes the location and description of the treated
       area, product name, EPA registration number, active ingredient(s) of the
       pesticide, time and date pesticide applied, and REI for the pesticide.  [40 CFR
       170.122(c) and 40 CFR  170.222(c)]
Decontamination
[40 CFR 170.150 and 40 CFR 170.250]

To ensure that all requirements concerning the decontamination site were met, you
should:

•      Verify that the employer provided a decontamination site for washing off pesticide
       residues if a worker performed an activity in a treated area where a restricted-
       entry interval was in effect or had expired within thirty days (photographing the
       site is recommended).  Assess compliance through interviews with workers and/or
       their employers, and/or through inspection of the decontamination site.  [40 CFR
       170.150(d)]

•      Examine premises for an employer-provided decontamination site for handlers to
       wash off pesticide residues through direct observation.  [40 CFR 170.250(a)]

•      Verify through interviews with workers, handlers and/or their employers, or
       through direct observation that the decontamination site provided by the employer
       included the following:

       • •    water quality and temperature that will not cause illness or injury when it
             contacts the skin or eyes or if it is swallowed, in adequate supply for
             washing the entire body in case of an emergency as well as for routine
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Worker Protection Inspection Course	Components of Worker Protection Inspections


             washing by workers/handlers  [40 CFR 170.150(b)(l) and 40 CFR
             170.250(b)(l)]

       • •    proper storage of water in a tank [40 CFR 170.150(b)(2) and 40 CFR
             170.250(b)(2)]

       • •    soap and single-use towels in quantities sufficient to meet
             workers'/handlers' needs [40 CFR 170.150(b)(3) and 40 CFR 170.250(b)(3)]

       • •    one clean change of clothes, this could be a one size fits all coverall for
             pesticide handlers  [40 CFR 170.250(b)(4)]

       • •    at least one pint of eyeflush water available unless each  early entry
             worker/handler carries an eyeflush water  container or an eyeflush water
             container is otherwise immediately available to each worker/handler [40
             CFR 170.150(b)(4) and 40 CFR 170.250(d)]

       • •    for handlers, after handling activities, and workers engaged in early entry
             activities, provisions of soap, clean towels, and sufficient clean water so that
             the handlers/workers may wash thoroughly after removing PPE [40 CFR
             170.150(b)(3) and 40 CFR 170.250(b)(3)]

       • •    a site reasonably accessible to and not more than one quarter mile from
             where workers/handlers are working as required in the regulation, and a
             decontamination site at the mixing area for handlers mixing pesticides [40
             CFR 170.150(c) and 40 CFR 170.250(c)]
Exceptions

Some exceptions to the requirements for a decontamination site exist. Assess compliance
through interviews with workers, handlers and/or their employers, or through direct
observation.

•      For a pilot who is applying pesticides aerially, the decontamination site must be at
       the aircraft's loading site or in the plane.  [40 CFR 170.250(c)(2)]

•      For tasks performed more than one quarter mile from the nearest point reachable
       by cars or trucks, the decontamination site may be an access point. In this
       circumstance, clean water from springs, streams, lakes, or other sources may be
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Components of Worker Protection Inspections                      Worker Protection Inspection Course


       used for decontamination if such water is more readily available than the water at
       the decontamination site. [40 CFR 170.150(c) and 40 CFR 170.250(c)(3)]
Emergency Assistance
[40 CFR 170.160 and 40 CFR 170.260]

If a worker/handler may have been poisoned or injured by pesticides used at the site
through exposure, splash, spill, drift or pesticide residues, you should verify through
interviews with workers and/or handlers that the employer:

•      Made promptly available transportation from the place of employment or the
       handling site to an appropriate emergency medical facility. [40 CFR 170.160(a)
       and 40 CFR 170.260(a)]

•      On request, promptly provided to the worker/handler or to the treating medical
       personnel the following information [40 CFR 170.160(b) and 40 CFR 170.260(b)]:

       • •    product name, EPA registration number, and active ingredients in any
             product to which the worker/handler might have been exposed

       • •    antidote, first aid, and any other medical information from the product
             labeling

       • •    information about the circumstances of application or use of the pesticide
             at the site, or  about the exposure of the worker/handler to the pesticide
Retaliation
[40 CFR 170.7(b)]

By interviewing workers, you should ensure that the employer DID NOT take any action
having the effect of preventing or discouraging any worker/handler from complying or
attempting to comply with the regulations of 40 CFR Part 170. Detailed discussion
involving retaliation will be covered in module eleven.

This section covered Use Inspections. WPS Use Inspections involve agricultural sites,
such as farms, forests, nurseries, and greenhouses.  Generally, these inspections are
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Worker Protection Inspection Course	Components of Worker Protection Inspections


conducted to ensure that users of agricultural pesticides subject to the WPS (i.e.,
agricultural employers and/or handler employers) are complying with the requirements of
the product label when that label references the WPS. In other words, to ensure that
pesticides are being used in a manner consistent with their labeling.
                         DATA COLLECTION METHODS
Data collection methods include:

•     observation and illustration, maps, photographs
•     review of records
•     interviews
•     physical samples
•     written notes in the field notebooks

Use the appropriate data collection method(s) while conducting your inspections.
Performed accurately, these methods will help you conduct successful inspections.
Module Seven provides detailed information on these methods.  For now, here is a brief
description of each data collection method.

Observation involves anything the inspector sees, hears, smells or touches.  This
information can  be captured for later use by illustrations such as photographs, maps and
sketches, or by notes in a notebook.

Records can include such things as application records, shipping and sales invoices, and
training records. To use such information as evidence, the inspector must document the
record's authorship, location and distribution. In reviewing records the inspector will be
attempting to  determine whether records are being adequately maintained, and to
substantiate compliance with the regulation.

Interviews are a useful technique for gathering information. Careful planning of an
interview is necessary to ensure that the desired information is obtained. The inspector
should determine the  individuals to be interviewed, the topics to be covered and the
information needed, and the time and places for the interview.  A carefully planned
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Components of Worker Protection Inspections	Worker Protection Inspection Course^


interview can be much more productive than an interview conducted spontaneously.  You
should record your notes in your field notebook.

Physical  sampling involves collecting pesticide products. In order to collect physical
samples, the proper equipment and materials are necessary. A sampling plan for quality
assurance and a safety plan are also useful portions of an inspection plan. These assist
the inspector in deciding what tools and materials will be necessary for the inspection.
                                     EXERCISE
                                     SUMMARY
There are three types of Worker Protection Inspections:

•     Registrant/Producer Establishment Inspections
•     Marketplace/Dealer Inspections
•     Use Inspections

Registrant/Producer Establishment and Marketplace/Dealer Inspections

      Purposes for Registrant/Producer Establishment Inspections:

       •     to ensure use of EPA-accepted labels
       •     to ensure maintenance of accurate records

      Purposes for Marketplace/Dealer Inspections:

       •     to ensure that affected pesticides are sold with EPA-accepted labels
       •     to ensure that restricted- use pesticides are sold in accordance with the WPS
Use Inspections
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Worker Protection Inspection Course                     Components of Worker Protection Inspections


      Purpose for Use Inspections:

      •      to ensure that Users of agricultural pesticides who are subject to the WPS
             are complying with the requirements of the product label when that label
             references the WPS

      Use Inspection tasks are organized into major compliance areas:

             Employer Interview
             Inspect Labels of Products Used at the Agricultural Establishments
             Notification and Posting of Pesticide Application
             Application and Entry Restrictions
             Personal Protective Equipment (PPE) and Pesticide Handling Equipment
             Pesticide Safety Training
             Pesticide Safety Information
             Decontamination
             Emergency Assistance
             Retaliation

      Use Inspection Checklists

      •      Core Checklist
      •      Comprehensive checklists
Data Collection Methods

       •      observation and illustration, maps and photographs
       •      review of records
       •      interviews
       •      physical samples
       •      written notes in the field notebook
      Review questions and answers located in the Instructional Aids section of the
      module.
                                    EXERCISE
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Components of Worker Protection Inspections
                Worker Protection Inspection Course
                                             iCES
U. S. Environmental Protection Agency. (1993) Worker Protection Inspection Guidance.
             Washington, D.C.

U. S. Environmental Protection Agency. (1993) Worker Protection Inspection Pocket
             Guide. Washington, D.C.

U. S. Government. (1992) 40 CFR Part 170. Federal Register. Washington, D.C.

U. S. Government. (1992) 40 CFR Part 156 subpart K. Federal Register. Washington
             D.C
Module Four: Student Manual
36
May 1994

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Worker Protection Inspection Course
         Components of Worker Protection Inspections
                               REVIEW QUESTIONS
1.     List the three types of Worker Protection Inspections.
2.     List the two types of Use Inspections.
3.    List the four primary locations which have specific requirements for Application
      and Entry Restrictions.
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37
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Components of Worker Protection Inspections	Worker Protection Inspection Course


4.    What are the two types of warnings an inspector must check for when enforcing
      the Notification and Posting of Application requirement.
5.    List the five basic data collection methods to be used when conducting Worker
      Protection Inspections.
6.     Identify each description below as either a general (G) Worker Protection
      Statement or a product-specific (P) Worker Protection Statement.  Place the
      appropriate letter in the space provided.

      	   Spanish Warning Statement
      	   Product-Type Identification Statement
      	   Restricted-Entry Statement
      	   Application Restrictions Statement
      	   Personal Protective Equipment Statement
      	   Notification to Workers Statement
      	   State Restrictions Statement
      	   Reference Statement
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Worker Protection Inspection Course
                       Components of Worker Protection Inspections
7.     Classify each requirement description below as either for workers (W), handlers
      (H), or both (B).

      	   a.     Proper notification of pesticide application.   .
      	   b.     Early entry into a treated area was under certain exceptions.
      	   c.     Monitored visually or by voice communication at least every two
                   hours.
      	   d.     Provisions of soap, clean towels, and sufficient clean water to wash
                   with after removing PPE.
      	   e.     Instructed in the safe operation of equipment for mixing, loading,
                   etc., chemigation safety requirements, and drift avoidance when
                   relevant.

8.     Match the English signal word in Column A with the appropriate Spanish word in
      Column B.  Place the correct letter from Column B in  the space provide in
      Column A.
      Column A

      	Warning
      	Pesticides
      	Danger
      	Keep Out
Column B

a. Aviso
b. Peligro
c. No Entre
d. Pesticidas
 May 1994
               39
Module Four: Student Manual

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Module Four
Attachments

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                             SUMMARY OF

                  WORKER PROTECTION STANDARD

                            LABEL REVISIONS

                          (PR NOTICES 93-7, 93-11)

BACKGROUND

    New Regulations. The Environmental Protection Agency (EPA) issued the revised
Worker Protection Standard (WPS) in August 1992.  The revised WPS is designed to
reduce the risk to agricultural  workers and pesticide handlers from the exposure to
pesticides  on farms, forests, nurseries, and  greenhouses.  The WPS outlines new
responsibilities for employers of both agricultural workers and pesticide handlers.

    Required Label Changes. The revised WPS also includes new requirements for
the labeling of most agricultural products.  During 1993, pesticide registrants followed
EPA directions to make required changes to labels of approximately 5000 pesticide
products that fall within the scope of the WPS - products used in the commercial or
research production of agricultural  plants on farms, forests, nurseries, or greenhouses.

    Appearance of Labels. Labels with the WPS-required revisions began to appear
in the marketplace after April 21,1993. By the Spring and Summer 1994, products with
the various combinations of WPS-revised labels will be widely available. Several examples
of available combinations are listed below.

o   Most products will have a final printed WPS-revised label on the product.

o   Some products may bear a sticker on an unrevised label. The sticker will refer users
    to a product specific interim label that will have the WPS-required changes.

o   Other products may have an unchanged, unstickered label and be accompanied by
    a single page entitled "Generic Supplemental WPS Labeling."

o   Until October 23, 1995 there will also be products without revised labeling  in the.
marketplace.

    Labels with the WPS-required modifications - final labels, interim labels, and generic
supplemental labels - include a statement in an Agricultural Use Requirements box which
informs users that they must comply with the WPS. Other required label revisions include
changes in restricted-entry  intervals (REIs), personal protective equipment (PPE), and
special notification statements. These changes depend on the characteristics of individual
pesticide products.

DIRECTIONS TO PESTICIDE REGISTRANTS FOR REVISING PRODUCT LABELS

    PR Notices 93-7 and 93-11.  EPA issued PR Notice (PRN) 93-7 to pesticide
registrants in April 1993. This PRN and the detailed instructions in the Guidance Package
attached to the PRN gave registrants specific instructions for making WPS-required label

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changes. In August 1993, the EPA issued PRN 93-1 1 and a labeling Guidance Package
which  provided  additional  information  to  pesticide  registrants about  meeting  the
requirements of PRN 93-7 and the WPS, and meeting the April 21, 1994, compliance
deadline for products produced by registrants.

KEY WPS COMPLIANCE DATES

     Registrant Compliance Schedule.  EPA established the following  schedule for
registrants  to make the WPS-required  changes to their pesticide product  labels:

     After April 21 , 1994, except as otherwise provided in PR Notices 93-7 and 93-
     1 1 or other EPA guidance, all products within the scope of those notices must
     bear WPS PR- Notice- complying labeling when they are distributed or sold by
     the registrant, any supplementally registered distributor or any repackager
     under the Agency's Bulk Repackaging Policy.

     After October 23, 1995, except as otherwise provided in PR Notices 93-7 and
     93-1 1  or other EPA guidance, all products within the scope of those notices
     must bear WPS PR-Notice-complying labeling when they are distributed or sold
     by any person.
     Pesticide User Compliance Schedule. Pesticide users are required to comply with
the label-specific WPS requirements as soon as they appear on the label.  On and after
April 15, 1994 users  must comply with all WPS requirements when -using a product
referencing WPS.  These include product specific  requirements and WPS generic
requirements that are not on the label including requirements for employee training,
provision of decontamination sites, cleaning and maintenance of personal protective
equipment  (PPE), emergency assistance,  and display of a safety poster and notice of
applications.

MAKING LABEL REVISIONS

     Types of Amendments.  Registrants must amend their product labeling according
to PRN 93-7 and  93-11.  They will revise the product labeling to either (1) add WPS
statements or (2) remove the product from the WPS scope by deleting all WPS uses or
by adding exclusionary  statements to exclude all WPS uses.

     Use of Revised Labels. When registrants modify their labeling according to PRN
93-7 and 93-1 1 , they must submit the revised labeling to EPA for approval. Registrants
may proceed to market products with- the revised labeling before receiving EPA approval
in cases where the registrant verifies that the revised labeling (1) fully complies with the
PRN and WPS requirements,  (2) complies with only involuntary pre-approved deviations,
or (3) removes the product from the WPS scope through use deletions or through the
addition of exclusionary statements, (see PR Notices 93-7 and 93-1 1 for specifics)

FORMS OF REVISED LABELS

     Final Printed Labeling  and Interim  Labeling. Most products sold or distributed
by registrants after April  21 , 1 994, will bear the final printed labeling affixed to the product.

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However, to meet the requirements of PRN 93-7 and 93-11, some products may bear
interim labeling that consists of:

     (1)   a sticker or similar modification to an existing label and,

     (2)   product-specific WPS replacement labeling referenced by the sticker.

     PRN 93-11 gives specifications for stickering and for the replacement labeling.  Once
a product has been correctly interim-labeled, it may be sold or distributed by anyone
without time limit.

     The sticker or facsimile is applied to the product package before sale or distribution
to the end user. [Product may be distributed or sold to end users in unopened shipping
pallets or other unopened outer shipping containers without a WPS-related sticker affixed
to the inner pesticide containers under specific conditions specified in PRN 93-11.]

     The registrant must take steps to ensure that the replacement labeling accompanies
the product at the time of sale to any end users.  Whenever feasible, such  replacement
labeling should accompany the stickered product at every stage of distribution.

GENERIC SUPPLEMENTAL WPS LABELING

     Generic Supplemental WPS Labeling may accompany products in the  cases where
the product registrant has elected the "Released-for-Shipment-by-January 1,1994" option
provided in PRN 93-11.  The conditions  of selecting this option are described below.

     There are two types of Generic Supplemental WPS Labeling. A copy  of each type
is attached. One type is for agricultural fumigants and the second for all other agricultural
pesticides, except for ethyl parathion products.  Registrants of ethyl parathion products
who choose the  Released-for-Shipment option are exempt  from providing  Generic
Supplemental WPS Labeling since there  is no such labeling applicable to ethyl parathion
products.

     Under the Released-for-Shipment option, the registrant may distribute or sell product
with unrevised labeling after April 21,  1994,  provided that the product was released for
shipment prior to January 1, 1994 and provided:

     (1)   The registrant notifies EPA before selling or distributing the product
          without revised labeling after April 21,1994, that this option was selected.

     (2)   The registrant notifies every person (other than end users) to whom it
          sells the product with unrevised labels after April 21,1994, with an offer
          to relabel or recall, from  anywhere in the channels  of trade, any of the
          product (including distributor product) that does not bear WPS revised
          labeling by October 23,1995.

     (3)   Starting no later than April 21, 1994, the registrant  makes available to
          every person to whom  the  registrant  sells the product supplies of
          Generic WPS Supplemental Labeling and urges retailers and distributors
          to furnish this labeling to end users.

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                                     Module Four Exercise:
                                          Sample Label
INSTRUCTIONS:   Examine the sample label below. Identify and underline the general
                       and product-specific statements required by the Worker Protection
                       Standard. In the space provided, write the name of each statement
                       next to its location on the label.  If necessary, you may refer back to
                       your student manual for help.
                                         RESTRICTED USE PESTICIDE
                                           Due to very high toricity to humans and bints.
                      For retail sale to and use only by certified applicators or persons under their direct supervision and
                      only for those uses covered  by the certified applicator's certificate.


                                               VIP DEPESTO I/M

                                                   GAIACTOXmON
                      ACTIVE INGREDIENTS:
                       galaciothion (0,0-diethyl methyl phosphorothiate)
                       related isomers
                      INERT INGREDIENTS:
                      TOTAL
                        Contains xylene aromatic solvents.
 20.9%
  1.1%
 78.0%
100.0%
                                    KEEP OUT OF REACH OF CHILDREN
                      DANGER
                      PELIGRO
 POISON
                      Si Usted no entiende la etiqueta, busque a alguien para se la explique a listed en detalle. (If you do
                      not understand this label, find someone to explain it to you in detail.)


                                  STATEMENT OF PRACTICAL TREATMENT
                      Call a doctor (physician), clinic, or hospital immediately.  Explain that the victim has been exposed to
                      galaciothion and describe Iw/her condition. After first aid is given take victim to clinic or hospital.  If
                      breathing has stopped, start artificial respiration immediately and maintain until doctor sees victim. If
                      swallowed - Drink 1 or 2 glasses of water and induce vomiting by touching back of throat with finger.
                      Do not induct vomiting or give anything by mouth to an unconscious person. Get medical attention.
                      In case of contact, immediately flush the skin with plenty of water while removing contaminated
                      clothing and shoes. See doctor immediately. Galactothion is an organophosphate pesticide  that
                      inhibits cholinesterase.
                                               NOTE TO PHYSICIAN
                      Antidote - administer atrophine di-sulfate in large doses. TWO to FOUR mg. intravenously or
                      intramuscularly as soon as cyanosis is overcome. Repeat at 5 to 10 minute intervals until signs of
                      atrophinization appear. 2-PAM chloride is also antidotal and may be administered in conjunction with
                      atropine. DO NOT GIVE MORPHINE OR TRANQUILIZERS.  Galactothion is a strong
                      cholinesterase inhibitor affecting the central and peripheral nervous system and producing cardiac and
                      respiratory depression. At first sign of pulmonary edema, the patient should be given supplemental
                      oxygen and treated symptomaticaUy. Continued absorption of the poison may occur and fatal relapses
                      have been reported after initial improvement. VERY CLOSE SUPERVISION OF THE PATIENT IS
                      INDICATED FOR AT LEAST 48 HOURS.

                      EPA Registration No. 12345-10       VIP Chemical Company     Net Contents:
                      EPA Establishment No.  56787-CO-3   2527 South VIP Drive       55 Gallons
                                             Biardspond, MI 22315

-------
      PRECAUTIONARY
         STATEMENTS

   HAZARDS TO HUMANS
   (& DOMESTIC ANIMALS)

             DANGER:
Fatal if absorbed through skin, fatal if swallowed,
and poisonous if inhaled. Do not breathe vapors
or spray mist. Do not get on skin or clothing.
    User Safety Recommendations
Users should:
• Wash hands before eating, drinking, chewing
  gum, using tobacco, or using the toilet.
• Remove clothing immediately if pesticide gets
  inside. Then wash thoroughly and put on
  dean clothing.
• Remove PPE immediately after handling this
  product  Wash the outside of the glove*
  before removing. As soon as possible, wash
  thoroughly and change into dean clothing.
Personal Protective Equipment
Some materials that are chemical resistant to this
product are listed below.  If you want more
options, follow the instructions for category G on '
an EPA chemical resistance category selection
chart.

Applicators mod Other Handlers most wear:
Coveralls over long-sleeve shin & long pants
Chemical-resistant gloves such as barrier
laminate   or vitron
Chemical-resistant footwear plus socks
Protective eyewear
Chemical-resistant headgear for overhead
  exposures
Chemical-resistant apron when cleaning
  equipment, mixing, or loading
Respirator with either an organic vapor-removing
  cartridge with a prefilter approved for
  pesticides (MSHA/NIOSH approval prefix TC-
  23C) or a canister approved for pesticides
  (MSHA/NIOSH approval number TC-14G)

Discard clothing and other absorbent materials
that have been drenched or heavily contaminated
with this product's concentrate.  Do not reuse
them.  Follow manufacturer's instructions for
cleaning and maintaining PPE. If no such
instructions for washables, use detergent and hot
water. Keep and wash PPE separately from
other laundry.

When handlers use closed systems, enclosed cabs,
or aircraft in a manner that meets the
requirements listed in the Worker Protection
Standard (WPS) for agricultural pestiddes [40
CFR 170.240(d)(4-6)], the handler PPE
requirements may be reduced or modified as
specified in the WPS.
     ENVIRONMENTAL
            HAZARDS

This pesticide is highly toxic to aquatic
invertebrates and wildlife.  Birds in treated areas
may be killed. Shrimp and other aquatic
organisms may be killed at recommended
application rates.  Do not contaminate water by
cleaning of equipment or disposal of wastes.


       PHYSICAL AND
   CHEMICAL HAZARDS

Do not use or store near heat or open flame.
Not for use or storage in or around the home.

-------
     DIRECTIONS FOR USE
   STORAGE AND DISPOSAL
It is a violation of Federal law to use this
product in a manner inconsistent with its
labeling. Do not apply this product in a way that
will contact workers or other persons, either
directly or through drift. Only protected
handlers may be in the area during application.
For any requirements specific to your State or
Tribe, consult the agency responsible for
pesticide regulation.
      AGRICULTURAL USE
         REQUIREMENTS

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

Do not enter or allow worker entry Into treated
•reas during the restricted-entry Interval (RET)
of 48 hours.  The REI is 72 hours in outdoor
areas where the average annual rainfall is less
than 25 inches a year.

PPE required for early entry to treated areas
that is permitted under the Worker Protection
Standard and that involves contact with anything
that has been treated, such as plants, soil, or
water, is:
-coveralls over long-sleeved shin & long pants
-chemical-resistant gloves such as barrier
  laminate or vitron
-chemical-resistant footwear plus socks
-protective eyewear
-chemical-resistant headgear

Noilly workers of the application by warning
them orally and by posting warning signs at
entrances to treated areas.
PROHIBITIONS:  Do not contaminate water,
food, or feed by storage or disposal. Do not
store under conditions which might adversely
affect the container or its ability to function
properly.

STORAGE: Do not store below temperature of
OF.

CONTAINER DISPOSAL: Triple rinse (or
equivalent). Then offer for recycling or
reconditioning, or puncture and dispose of in a
sanitary landfill, or by other procedure approved
by state and local authorities.

-------
                                      Module Four Exercise:
                                             Old Label
INSTRUCTIONS:  Examine the old label below. Identify and underline the statements
                       which should be changed due to the Worker Protection Standard.  If
                       necessary, you may refer back to your student manual for help.
                                          RESTRICTED USE PESTICIDE
                                           Due to very high tenacity to humans and birds.
                      For retail sale to and use only by certified applicators or persons under their direct supervision and
                      only for those uses covered by the certified applicator's certificate.


                                                VIP DEPESTO I/M

                                                    GALACTOTH1ON
                      ACTIVE INGREDIENTS:
                        galactothion (0,0-diethyl methyl phosphorothiate)
                        related isomers
                      INERT INGREDIENTS:
                      TOTAL
                        Contains xylene aromatic solvents.
 20.9%
  1.1%
 78.0%
100.0%
                                     KEEP OUT OF REACH OF CHILDREN
                      DANGER
                      PELIGRO
 POISON
                      PRECAUCION AL USARIO: Si listed no lee ingles, no use este producto hasta que la etiqueta le
                      haya sido explicada ampliamente.

                                  STATEMENT OF PRACTICAL TREATMENT
                      Call a doctor (physician), clinic, or hospital immediately. Explain that the victim has been exposed to
                      galactothion and describe his/her condition. After first aid is given take victim to clinic or hospital. If
                      breathing has stopped, start artificial respiration immediately and majntj*'" until doctor sees victim.  If
                      swallowed - Drink 1 or 2 glasses of water and induce vomiting by touching back of throat with finger.
                      Do not induct vomiting or give anything by mouth to an unconscious person. Get medical attention.
                      In case of contact, immediately flush the skin with plenty of water while removing contaminated
                      clothing and shoes.  See doctor immediately.  Galactothion is an organophosphate pesticide that
                      inhibits cholinesterase.
                                               NOTE TO PHYSICIAN
                      Antidote - administer atrophine di-sulfate in large doses. TWO to FOUR mg. intravenously or
                      intramuscularly as soon as cyanosis is overcome. Repeat at 5 to 10 minute intervals until signs of
                      atropinization appear. 2-PAM chloride is also antidotal and may be administered in conjunction with
                      atropine. DO NOT GIVE MORPHINE OR TRANQUTLIZERS. Galactothion is a strong
                      cholinesterase inhibitor affecting the central and peripheral nervous system and producing cardiac and
                      respiratory depression. At first sign of pulmonary edema, the patient should be given supplemental
                      oxygen and treated symptomatically. Continued absorption of the  poison may occur and fatal relapses
                      have been reported after initial improvement. VERY CLOSE SUPERVISION OF THE PATIENT IS
                      INDICATED FOR AT LEAST 48 HOURS.

                      EPA Registration No. 12345-10       VIP Chemical Company      Net Contents:
                      EPA Establishment No. S6787-CO-3   2527 South VIP Drive       55 Gallons
                                             Biardspond, MI 22315

-------
      PRECAUTIONARY

        STATEMENTS

   HAZARDS TO HUMANS
  (& DOMESTIC ANIMALS)

            DANGER:
Fatal if absorbed through skin, fatal if swallowed,
and poisonous if inhaled. Do not breathe vapors
or spray mist. Do not get on skin or clothing.
Wear protective clothing, rubber gloves, goggles,
and a respirator jointly approved by the Mine
Safety and Health Administration (MSHA) and
the National Institute for Occupational Safety
and Health (NIOSH).

SAFETY PRECAUTIONS If pesticide comes in
contact with skin, wash off with soap and water
immediately. Wash thoroughly with soap and
water after handling and before smoking, eating,
or drinking.  Remove contaminated clothing and
wash before reuse or if not washable discard.
Keep away from other laundry.
     ENVIRONMENTAL
           HAZARDS

This pesticide is highly toxic to aquatic
invertebrates and wildlife. Birds in treated areas
may be killed. Shrimp and other aquatic
organisms may be killed at rroommfnrirri
application rates. Do not contaminate water by
cleaning of equipment or disposal of wastes.


       PHYSICAL AND
  CHEMICAL HAZARDS

Do not use or store near beat or open flame.
Not for use or storage in or around the home.

-------
     DIRECTIONS FOR USE
   STORAGE AND  DISPOSAL
It is a violation of Federal law to use this
product in a manner inconsistent with its
labeling.

REENTRY
Re entry into treated field is prohibited for 48
hours after application, unless all protective
clothing and equipment required for applicators
as described elsewhere on the label are worn.
Because certain states require more restrictive
reentry intervals for various crops treated with
this product, consult your State department of
Agriculture for further information. Do no
apply this product in such a manner as to
directly or through drift expose workers or other
persons. Written or oral warnings must be given
to workers who are expected to be in a treated
area  or in an area about to be treated with this
product. Oral warnings must be given if there is
a reason to believe that written warnings cannot
be understood by workers. When oral warnings
are given, warnings shall be given in a language
customarily understood by workers.
Written or oral warnings  must include the
following information:
                 DANGER
(Insert area or Geld description) treated with
Galactothion on (insert date of application).
Reentry into treated field is prohibited for 48
hours after application, unless all protective
clothing and equipment required for applicators
are worn.  Be sure to read the precautionary
statements before using!
PROHIBITIONS: Do not contaminate water,
food, or feed by storage or disposal Do not
store under conditions which might adversely
affect the container or its ability to function
properly.

STORAGE: Do not store bdow temperature of
OF.

CONTAINER DISPOSAL: Triple rinse (or
equivalent). Then offer for recycling or
reconditioning, or puncture and dispose of in a
sanitary landfill, or by other procedure approved
by state and local authorities.

-------
                             Module Four Case Study:
                              Floyd's Fancy Flowers
INSTRUCTIONS:  The following case study may require assumptions to be made by the
                   reader, and may not always reflect actual field experiences. Read the
                   case study below.  Identify those items which are in violation of the
                   Worker Protection Standard (WPS). List and explain why you have
                   selected those items in the space provided.
                   (If you need additional space, please* use the back of the paper.)
Your region has targeted Floyd's Fancy Flowers for a Worker Protection Inspection.
When you arrive at the site you interview Floyd, the owner.  You find that he employs 7
workers and 2 handlers. Two of the workers are Hispanic and speak minimal English.
During the interview you discover that Floyd trains the workers and handlers some time
during the first month they begin working.  The training he provides is approximately an
hour and a half in length.  Upon further inquiry you find Floyd is not certified to
conduct Worker Protection Training.  You  also find that Floyd is not bilingual.  Floyd
tells you that the pesticide he uses is applied as a mist.  Upon examining the pesticide,
you note that there is no inhalation exposure level listed on the label, and that the skull
and crossbones symbol was on the front panel of the container.

After the interview, you walk to the greenhouse. On the way, you notice a
decontamination site which meets the WPS requirements.  Before entering the
greenhouse through the only entrance, you  notice a pesticide safety poster, and a poster
with the emergency information at the entrance. The poster is the EPA approved poster
and is legible. As you examine the greenhouse you notice there are no devices for
ventilation.

You ask Floyd if you may interview some of the workers.  He quickly gives his approval
and returns to his office.  While interviewing one of the  workers you discover that he had
been exposed to pesticides at one point and became ill.  He said it was an accident and
that he is fine now because Floyd immediately rushed him to the emergency room.
Through a few more questions you discover that Floyd forgot to take the pesticide's label
with him to the emergency room. He knew the pesticides name and  the active
ingredient, but he could not remember the  EPA registration number, the antidote, or  the
first aid information.

During an interview with another worker, you find that they work from 7:00 a.m. to 4:00
p.m. every day. This worker pointed out that when Floyd is  going to spray pesticides, he
posts the warning posters 24 hours in advance.  On the days after the pesticide is
sprayed, they only work two or three hours in the greenhouse and they  must wear gloves
and an apron on those days.

During an interview with one of the handlers, she said that they apply the pesticides in
the evening - after the rest of the workers go home for the day. She and the other
handler alternate applying the pesticides, so they both do not have to stay after hours.  It
generally takes 2-3 hours to complete the application. After she finishes the application,
she locks up the greenhouse, properly cleans herself and her PPE, and goes home.  You
also find that Floyd provides all of the necessary Personal Protective Equipment for the
handlers.

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    Inspector Training Program
Worker Protection Inspection Course

       Module Five:
  Targeting Inspections
           Student Manual

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Worker Protection Inspection Course                                      Targeting Inspections
                             TABLE OF CONTENTS
MODULE FIVE: TARGETING INSPECTIONS

      Objectives	1
      Introduction	3
            Purpose	3
            Objectives	3
            How Module is Linked with Other Modules	4
      Overview of the Risk-Based (R-B) Targeting Approach 	4
            Specific Factors to Consider When Developing a R-B Targeting
            Approach 	5
            Incorporation of the Risk-Based Targeting Approach into Established
            Targeting Systems	6
      Risk-Based (R-B) Targeting Matrix For Use and Producer Establishment
      Inspections	6
            Factors for Targeting Use Inspections	7
            How to Use the Risk-Based Matrix	-	10
            Review	15
            Exercise  	16
            Determining the Priority Level	16
            Prioritizing Within Categories of InspectionsATie-Breaking Factors  .... 16
            How to Use the Risk-Based Matrix for Producer Establishment
            Inspections  	17
      Exercise	19
      Summary	19
      References  	21
      Review Questions	22

      Module Five Attachments
May 1994                                i                Module Five: Student Manual

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Worker Protection Inspection Course            	       Targeting Inspections
                                         OBJECTIVES

                    Given a recommended targeting approach, become familiar with the factors
                    involved in Risk-Based Targeting.

                    Given written descriptions of situations that contain potential risk
                    factors to workers, applicators, and handlers, be able to complete a
                    risk-based matrix for Use Inspections.

                    Given written descriptions of situations that contain potential risk
                    factors to workers, applicators, and handlers, be able to complete a
                    risk-based targeting matrix for Producer Establishment Inspections.
May 1994                                       1                    Module Five:  Student Manual

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Targeting Inspections                                       Worker Protection Inspection Course
                  [THIS PAGE INTENTIONALLY LEFT BLANK]
Module Five: Student Manual                 2                                May 1994

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Worker Protection Inspection Course	        Targeting Inspections
                                 INTRODUCTION
In order to conduct any Worker Protection Inspection, a site must first be "targeted" for
that inspection.  Currently, there are many targeting systems used in the United States
for identifying those facilities which warrant an inspection. Regardless of the system used
to target a facility, the goal is consistent:  states, tribes, and territories should verify
compliance with the Worker Protection Standard (WPS) through both routine inspections
and inspections specifically focused on Worker Protection activities (hereafter referred to
as targeted inspections).

The first step is to have in place a mechanism for targeting Worker Protection
Inspections. Therefore, the  Office of Compliance Monitoring's (OCM's) Compliance
Branch has prepared, for consideration by the StatesATribes, a risk-based targeting
approach for Worker Protection Inspections.

This is simply a recommended approach for targeting Worker Protection Inspections.
The risk-based matrices discussed in  this Module are not required, but rather are
provided as an optimal strategy in developing WPS targeting.  The matrices provide an
alternative for targeting Worker Protection Inspections, which may be modified by a state
so it more closely corresponds with those data sources readily available to that state.
Purpose

The purpose of this module is two-fold. The first is to propose a system, the Risk-Based
(R-B) Targeting Approach, to target facilities for Worker Protection Inspections.  If
utilized, this system may lend some conformity to targeting systems nationwide.  Second,
this module will explain the two kinds of Risk-Based (R-B) Targeting Matrice used for
R-B Targeting, and explain the benefits of using this system.
Objectives

•      Given written descriptions of situations that contain potential risk factors to
       workers, applicators, and handlers, be able to complete a risk-based matrix
       for Use Inspections.
May 1994                                 3                 Module Five: Student Manual

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Targeting Inspections	Worker Protection Inspection Course


•      Given written descriptions of situations that contain potential risk factors to
       workers, applicators, and handlers, be able to complete a risk-based
       targeting matrix for Producer Establishment Inspections.


How Module is Linked with Other Modules

Module Four covered the types of Worker Protection Inspections and specific
requirements for the Worker Protection Standard. Module Five explains how you can
target facilities for Worker Protection Inspections by using the Risk-Based Targeting
Approach. In Module Six, you will discuss materials necessary to prepare for Worker
Protection Inspections.
                      OVERVIEW OF THE RISK-BASED (R-B)
                             TARGETING APPROACH
OCM developed the Risk-Based (R-B) Targeting Approach in an attempt to put forth a
system which targets facilities for Worker Protection Inspections and can be easily
incorporated into, or modified for, any existing targeting systems used by the States,
Regions, and Tribes.  While this is only a recommended system, if used correctly, it can
promote nation-wide uniformity and fairness for targeting facilities with potential Worker
Protection violations.

The foundation of the R-B Targeting Approach is the risk-based (R-B) matrix.  The goal
of a R-B matrix is to place potential inspection sites into one of three categories based
on high, medium, and low priority risk potential.  For example, an R-B matrix could be
used by each state at the beginning of each quarter (or other appropriate timeframe)
when the state needs to select targets  for Worker Protection Inspections from a broad
universe of potential sites.

The R-B matrix could be used within tfie office by the individual(s) selected to target
inspections.  Using the R-B matrix, a list of 40 potential inspection sites, for example,
could be pared down to 20 sites and prioritized based on factors associated with a
greater potential for risk.  Each potential site could then be run through a risk-based
matrix and assigned a priority level for inspection. The goal of the risk-based matrix is to
place potential inspection sites into one of three categories, based on high, medium, and
Module Five:  Student Manual                 4                                 May 1994

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Worker Protection Inspection Course	Targeting Inspections


low priority risk potential. The sites in the high priority category (and the medium
category depending on the number of inspections which need to be completed) could
then be prioritized using other criteria. This system will reduce the time spent trying to
eliminate facilities from  a large group of potential targets.  By applying this R-B system,
you will be left with a smaller number of high priority, i.e., high risk potential, candidates
for inspection.


Specific Factors to Consider When Developing a R-B Targeting Approach

A number of factors should be taken into consideration by state and regional personnel
when developing a Worker Protection risk-based targeting system for Use and Producer
Establishment Inspections. The factors used for Producer Establishment Inspections will
be discussed in greater detail later in this Module.  For Use Inspections, these factors
include:

•     Product toxicity
•     Crop grown
•     Production activities
•     Historical problems with product
•     Previous compliance problems at the site
•     Number of workers employed
•     Site type

The significance of the product toxicity will vary, depending on whether the affected
inspection target audience is workers or pesticide handlers. The  toxiciry of the product's
active ingredient will have a  greater impact on workers, whereas  the toxicity of the end-
use product will have a greater impact on handlers. The type of crop grown and
production activities will help indicate the amount of hand labor involved in  production
activities, and thus, the level of exposure of workers and handlers to this product.  Past
incidents involving the use of a particular product or active ingredient, such as those
which may be documented in a state's illness investigation database, can help prioritize
risk-based inspections. Additionally, civil violations or notices  of noncompliance
previously issued  against a site, particularly for misuse violations at farm sites, can be an
important factor.  The number of workers employed and the type of farm can also
suggest the degree of worker exposure.  For example, greenhouses and nurseries require
more hand-labor. This situation generally creates greater potential for worker exposure
conditions than forests and farms. The larger the number of workers employed at these
establishments, the greater the potential for a larger number of workers to be exposed,
i.e., higher risk potential.
May 1994                                 5                 Module Five: Student Manual

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Targeting Inspections                                       Worker Protection Inspection Course


Other risk-based targeting factors which regions and states should take into consideration
when prioritizing targeting facilities include:

      Volume/number of pesticides produced and/or used at site
      Type of PPE required (chemical suits, respirators)
      Chemical-resistant suit
      Restricted-entry interval (REI)
      Communication with worker, language barriers
      Tips and  complaints


Incorporation of the Risk-Based Targeting Approach into Established Targeting Systems

Since many states and regional offices already have a  pesticide database inspection
targeting system in place, state and regional offices should:

•     Incorporate the specific factors of the targeting system into their existing worker
      protection targeting method.

•     Tailor targeting system to meet individual needs and local concerns.

Office supervisors and field inspectors can provide insight by sharing knowledge and past
experiences when determining which sites need to be  prioritized for investigation.  In
addition, random sampling and the inspection of low and medium priority sites should
continue.  A region or state may also want to consider when the site was last inspected as
a potential factor.

Regardless of how a state or region develops its risk-based targeting approach, the
system should be firmly established, in order to ensure consistent and equitable
implementation.
            RISK-BASED (R-B) TARGETING MATRIX FOR USE AND
               PRODUCER ESTABtlSHMENT INSPECTIONS (PEIs)
There is little difference between the process for implementing the risk-based matrix for
Use Inspections, and the risk-based matrix for Producer Establishment Inspections. In
Module Five:  Student Manual                 6                                 May 1994

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Worker Protection Inspection Course	Targeting Inspections


fact, the approach to the process is identical, but each uses a different set of factors to
determine the risk priority.  For this reason, the examples used in the following sections
will focus on only one R-B matrix, the one used for Use Inspections. Nevertheless, any
substantive differences between this matrix and the R-B matrix for targeting Producer
Establishment Inspections (PEIs) will be explained as they occur.


Factors for Targeting Use Inspections

Within the risk-based targeting scheme, emphasis has been placed on pesticide products
with higher toxicity levels and on those Worker Protection-related activities which place
the agricultural workers/handlers in situation for higher risk of exposure.  A combination
of factors is used to identify products, uses, and sites that pose the greatest potential risk
to workers, applicators, and handlers.

The factors for targeting Use Inspections include:

•     Product toxicity

•     Identification of crop type (i.e., which are typically associated with intensive hand
      labor:  greater exposure to workers)

•     Previous incidents reported to a state for a particular product's active ingredient

•     History of compliance problems (if any) at a site

•     Establishment type and number of workers

For targeting PEIs, a subset of similar factors was developed.  These include:

•     Previous incidents involving establishment compliance

•     Existing record of past compliance problems

•     Toxicity category of the product being produced

•     Quantity of Worker Protection Standard-affected products produced

To use these factors, the state must have information in these  specific areas.  If a state
does not have any information on one particular factor, for example, that factor could be
replaced or  eliminated from the R-B matrix if necessary.


May 1994          :7                 Module Five: Student Manual

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Targeting Inspections                                        Worker Protection Inspection Course


Using these factors, the R-B matrices were developed for prioritizing targets for Use and
Producer Establishment Inspections. The R-B matrix for Use Inspections is located on
the following page.

The focus of the following explanation will be on the R-B matrix for Use Inspections.
Please remember that the process you are about to learn can be identically applied to
the R-B  Matrix for Producer Establishment  Inspections.  You will be working with this
matrix later in the Module. Each potential inspection site is placed into one of three
tiers (or  categories) based on how they relate to each of the five factors.  For inspection
purposes, Tier I represents higher priority and Tier III represents lower priority. The
three Tiers are listed along the vertical axis of the matrices.

The five  factors explained earlier are associated with risk for use-based inspections, and
are listed horizontally across the top of the risk-based matrix as  the headings for the
columns. The definitions and purpose of each of these five factors as part of the R-B
matrix, are outlined below.  Each potential site for a Use Inspection would be
categorized in either Tier I (high priority), Tier II, or Tier III (low priority), by each
factor, based on the following definitions:

•     Column A - Product Toxicity:  Based on the toxicity of the active ingredient
      (worker targeting) or the end-use product (handler targeting) used at the target
      site.  If more than one product  is used, for purposes of the matrix, base the
      classification on the product with  the higher toxicity classification.  Therefore, the
      toxicity classifications are:

             Tier I  =  Tox I products
             Tier II  =  Tox II products
             Tier III =  Tox III and Tox IV products

•      Column B - Crop Grown/Production  Activities;  Designed to identify the types of
       crops grown which are typically associated with intensive hand labor, thus
       potentially higher worker exposure. The classification by production activity is:

             Tier I  =  Production is done completely by hand.
             Tier II  =  Combination-of production by hand and machinery is used.
             Tier III =  Production is done completely with machinery.

•      Column C - Historical Compliance Problems  with Product:  Based on the total
       number of incidents reported within the state for specific pesticide active
       ingredient (used on a targeted site) during the past year.  An "incident" is
Module Five: Student Manual                  8                                 May 1994

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  RISK-BASED TARGETING FOR USE INSPECTIONS
                     MATRIX I
NAME OF THE SITE(S)


-





TIER
I
TIER
II
TIER
III
TOXICITY OF
PRODUCT
USED ON
SITE


«
(A)





CROP GROWN/
PRODUCTION
ACTIVITY



(B)






HISTORICAL
PROBLEMS
WITH
PRODUCT



(Q





HISTORICAL
COMPLIANCE
PROBLEMS
WITH SITE



(I>)





ESTABLISHMENT
TYPE/ NUMBER
OF WORKERS




(E)





TOTAL
CHECKS PER
TIER AND
THE
ASSOCIATED
PRIORITY

(F)






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Targeting Inspections                                        Worker Protection Inspection Course


      classified as a reported human illness or contamination of the environment based
      on usage of the pesticide.  Classification by incident is as follows:

             Tier I   =  Three or more incidents were reported to the state.
                        A historical problem with a product's active ingredient affecting
                        many workers at once.
             Tier II  =  One or two reported incidents.
             Tier HI =  No incidents reported.
      Column D - Site Historical Compliance Problems:  A combination of previous
      warning letters, criminal or civil administrative enforcement actions taken against a
      private party/individual by Federal or State agencies for pesticide violations
      occurring within the last five years. The classification for Historical Compliance
      Problems are:

             Tier I  =  Three or more historical enforcement actions were taken.
             Tier II  =  One or two actions were taken
             Tier III =  No compliance history exists.

      Column E - Establishment Type/Number of Workers:  Represents the type of
      farm targeted for inspection.  Establishment type will also help dictate the  amount
      of worker exposure to pesticides at the farm.  For this reason, these are classified
      as follows:

             Tier I  =  Greenhouses
             Tier II  =  Nurseries
             Tier III =  Other establishment types:  field, etc.

      When similar establishment types are targeted for inspection, the number of
      workers can be used  as a tie-breaking  factor, since a larger number of workers at
      the site indicates a potentially higher exposure rate.
How to Use the Risk-Based Matrix

In order to understand the risk-based targeting method, let's assume you have three sites
which could potentially be inspected, but you have resources and time to inspect only
one. To prioritize these sites, you should place each site on the R-B matrix using the
threshold key on the following page as a guide. You have the option of:
Module Five:  Student Manual                 10                                 May 1994

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                    THRESHOLD KEY FOR
   RISK-BASED TARGETING FOR USE INSPECTION
                       MATRIX I








TIER I



TIER
II


TIER
III

TOXICTTY
OF
PRODUCT
USED ON
SITE

(A)

TOX I



TOX II



TOX III
AND
TOX TV
CROP GROWN/
PRODUCTION
ACTIVITY


(B)


HAND ONLY



HAND AND
MACHINERY
(MACH.)

MACH. ONLY


HISTORICA
L
PROBLEMS
WITH
PRODUCT


(Q
3 OR MORE
INCIDENTS
WITHIN
PAST YEAR
1-2
INCIDENTS
WITHIN
PAST YEAR
NONE


HISTORICAL
COMPLIANCE
PROBLEMS
WITH SITE


(D)

3 OR MORE
ACTIONS


1-2 ACTIONS



NONE


ESTABLISHMENT
TYPE/ NUMBER
OF WORKERS



f^ff\
\ JCf)
*
GREEN- HOUSE



NURSERY



FIELD, ETC.


TOTAL CHECKS
PER TIER AND
THE
ASSOCIATED
PRIORITY

(F)

2-5 CHECKS = H
1 CHECK =M
0 CHECK =L

3-5 CHECKS = H
1-2 CHECKS = M
0 CHECK =L

4-5 CHECKS = L
2-3 CHECKS = M

KEY TO COLUMN F:
H = High Priority
M = Medium Priority

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Targeting Inspections                                               Worker Protection Inspection Course






L =  Low Priority
Module Five: Student Manual                   12                                       May 1994

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  RISK-BASED TARGETING FOR USE INSPECTIONS
                      MATRIX I
NAME OF THE SITE(S) VFRY fiRFFN APRRS









TIER I
TIER
II
TIER
III
TOXICITY OF
PRODUCT
USED ON
SITE



(A)





CROP GROWN/
PRODUCTION
ACTIVITY



(B)





*
HISTORICA
L
PROBLEMS
WITH
PRODUCT



(Q




HISTORICAL
COMPLIANCE
PROBLEMS
WITH SITE



(D)





ESTABLISHMENT
TYPE/
NUMBER OF
WORKERS



(E)



,

TOTAL
CHECKS PER
TIER AND
THE
ASSOCIATED
PRIORITY

(F)






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Targeting Inspections	Worker Protection Inspection Course


•      Filling out a separate chart for each site.

                    OR

•      Using one chart for all the sites, by giving each site a designated letter or number,
       and placing that number or letter in the appropriate columns of the matrix using
       the threshold key.
The remainder of this description assumes that a separate matrix will be completed for
each site. Throughout this description we will be using the example of Very Green Acres
to help illustrate the intent of each column.  You can find these matrices on the following
two pages. At the end of this explanation, you will complete two R-B matrices for the
remaining two Producer Establishment sites.  You will prioritize these three facilities that
you will ultimately have to prioritize to choose your target for your one inspection. The
characteristics of Very Green Acres are as follows:

Very Green Acres:  Grows corn, uses Tox III chemical, three warning letters have been
                    issued and two incidents with the product have been reported.

The following is a detailed step-by-step description for using each column of the matrix.
Refer back to the threshold key for risk-based targeting of Use Inspections.

•      Column A: If possible, identify the product used at the site. Depending on the
       toxicity category of the product, place  a check mark in Tier I, II, or III under
       Column A. For example, if the product used is classified under the Tox I
       category, check Tier I for that site under Column A. If more than one product is
       used at that site, for purposes of the matrix, consider the highest toxicity level of
       the products applied at the site.

•      Column B: Identify the crops produced at the site.  You can obtain this
       information by reviewing the geographical area, consulting with a state inspector
       with field experience,  or contacting the county extension service or state grower
       and commodity organizations.  The type of crop produced may determine the
       extent to which hand labor or machines are used for production activities and
       frequency of pesticide application. Fruit, flowers, and vegetables are associated
       with intensive hand labor, while grain crops are associated with machine labor.
       Check  the appropriate row under Column B according to the level of the hand
       labor involved. The check would go in Tier I in cases where all hand labor is
       used; Tier II is used for a combination approach, and Tier III is used for machine
       production activities only.
Module Five: Student Manual                 14                                 May 1994

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Worker Protection Inspection Course                                        Targeting Inspections


•     Column C:  For the product(s) being used at the potential inspection site,
      determine the number of incidents reported during the past year in the state.
      Check Column C in Tier I, II, or III according to the number of incidents
      reported for the product's active ingredient (used at the site). Under Column C,
      classify three or more incidents in Tier I, and one to two incidents in Tier II. If
      no incidents, then check the box corresponding to Tier HI. If more than one
      product is used on site, consider the total number of incidents reported during the
      past year for all products used at the site.

•     Column D:  Check the state database and/or files for any enforcement actions
      taken against the potential inspection site. The larger the number of previous
      compliance  problems, the higher the inspection priority.  Accordingly, a site with
      three or more past enforcement  actions  will have a check in Tier I; for one to two
      actions, place a check in Tier II. No violations merits a check in Tier III.

•     Column £:  Represents the type of farm and number of workers.  Generally, all
      greenhouses and nursery establishment types have higher  inspection priority over
      conventional farms. Determine which category applies to your site, and check
      Column E in either Tier I, II, or III.

•     Column F (Total Checks): Count the number of checks in Tier I, and place the
      total number under Column F. Do the same for Tiers II  and III.  The Threshold
      Key for R-B Targeting for Use Inspections provides the interpretation of the
      priority levels by tier.  This process is explained further below.

      TIER I   Add the checks across Tier I.  If a total of two to five checks appear in
                Tier I under Column F, this indicates that the site is a high priority for
                inspection.  This should be noted in Column F (for Tier I).

                If one check appears in Tier I, this indicates that the site is a medium
                priority.

                If no checks appear in Tier I, this indicates a low priority.

      TIER II  Add the checks across Tier II.  If a total of three to five checks appear
                in Tier II under Column F, this indicates a high priority for inspection.
                This should be noted in Column F (for Tier II).

                If one to two checks appear in Tier II, this indicates a medium priority.

                If no checks appear, this indicates a low priority.
May 1994                                  15                 Module Five: Student Manual

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Targeting Inspections                                        Worker Protection Inspection Course


      TIER III Add the checks across Tier III. If a total of four to five checks appear
                in Tier III, this indicates a low priority for inspection.

                If two to three checks appear in Tier III, this indicates a medium
                priority.
                                     REVIEW
For Use Inspections, several factors should be considered when developing a risk-based
targeting method.  These factors include information concerning:

•     Product toxicity
•     Crop type
•     Production activities
•     Historical problems with product
•     Previous compliance problems at the site
•     Number of workers employed

For targeting PEIs, a subset of similar factors was developed. This includes:

•     Previous incidents involving establishment noncompliance
•     Existing record of past compliance problems at producing establishment
•     Toxicity category of the product(s) being produced
•     Quantity and number of Worker Protection Standard-affected products produced
      at a specific site

You can apply the R-B Targeting Approach to Use  Inspections and PEIs by
implementing the same process, but using the different factors. Threshold matrix keys
have been developed for these two types of inspections and are included in  EPA's
Worker Protection  Inspection Guidance Manual.

The R-B Matrices play an important role in the R-B Targeting Approach.  In order to
prioritize sites effectively, you must be familiar with  not only the factors listed above, but
also the three Tiers which are used to categorize the risk factors.
Module Five:  Student Manual                 16                                May 1994

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Worker Protection Inspection Course	      Targeting Inspections
Determining the Priority Level

Looking at Column F of the risk-based matrix, if a site is designated as a "high" priority
within any Tier, the site should be placed in the category of high priority inspections.

The remaining sites would be in the medium or low priority categories.  Again looking at
Column F of the matrix, if a site is designated as a "medium" priority within any Tier, the
site should be placed in the category of medium priority inspections.

The remaining sites would be in the category of low priority inspections.

Using this basis, you can now assign priority levels to the three sites: Mayo Green
House, Daniel Farm, and Very Green Acres. As you can see by referring back to your
completed R-B matrices, the sites should be given the following priority level:

                       Very Green Acres = Medium Priority

                           Daniel Farm = High Priority

                        Mayo Green House = High Priority


Prioritizing Within Categories of Inspections/Tie-Breaking Factors

Once inspection sites have been placed in three categories (high priority, medium
priority, and low priority), there are criteria which can be used to prioritize inspection
sites within each category.

Three criteria which can be used include:

•     Type of inspection (whether applicators, handlers, or workers are the target
      audience).

•     Number of workers, if known (the greater the average number of workers on site
      at the farm, the higher the priority for inspection).

•     Volume of pesticides used at the site.


May 1994                                 17Module Five:  Student Manual

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Targeting Inspections	Worker Protection Inspection Course


Also, when comparing the inspection sites placed within the high priority category, note
the number of checks that were included in Tier I versus Tier II versus Tier III on the
risk-based matrix for each site. The greater the number of applicable factors/checks in
Tier I, the higher the priority for inspection. The rationale for this is based on the fact
that the higher risk criteria were placed within Tier I.

To apply this information to the sites you are working with, refer to the R-B matrices you
completed for the three example sites.  The factors are placed in the matrix from left to
right in columns in order of importance.  Toxicity category and type of farm and
production activities, represent the tie-breaking factor when the number of checks in Tier
I is identical for two sites.  Other tie-breaking factors are the target audience .
(applicators, handlers, or workers) and the number of workers. Volume of pesticides
used at the site could also be used as a tie-breaking factor.

If a state were to prioritize the two high priority inspections you have been given, Mayo
Green House would be considered of higher priority than Daniel Farm given that more
factors fell into Tier I for Mayo Green House. More specifically, the chemical used at
Mayo Green House is a Toxicity Category I product and the establishment type and crop
production activities offers  the greatest potential for exposure. Therefore, you would
select Mayo Green House for your targeted inspection.
How to Use the Risk-Based Matrix for Producer Establishment Inspections

A risk-based targeting matrix was also developed for targeting Producer Establishments
for inspections and appears on the next page.  (The threshold key for using this matrix is
included on the following page.)

The approach for using this PEI risk-based matrix is the same as that previously
described for use inspections.  A new factor category, number of products produced at
the establishment subject to the Worker Protection Standard, should also be considered
when targeting these sites.  (For more detailed information, see WPS Active Ingredient
List in Appendix E of the Worker Protection Inspection Guidance.)

The step-by-step process, previously described, for using the R-B matrix for Use
Inspections is  also used for the PEI risk-based matrix.  Additionally, the R-B matrix for
targeting Use  Inspections, Matrix II has been designed similar to Matrix I, from left to
right in order  of importance.  The states are also encouraged to target PEIs based on
those which, if correctly targeted for inspection, have the greatest potential for risk
reduction. The risk-based targeting matrix for PEIs is one suggested approach for doing
so.
Module Five:  Student Manual                 18                                 May 1994

-------
                   THRESHOLD KEY FOR
      RISK-BASED TARGETING FOR PRODUCER
                 ESTABLISHMENTS
                      MATRIX n






TIER I




TIER II



TIER HI

HISTORICAL
ESTABLISHMENT
COMPLIANCE
PROBLEMS

__ (A)
3 OR MORE
ENFORCEMENT
ACTIONS


1-2
ENFORCEMENT
ACTIONS

NONE

HISTORICAL
PRODUCT
PROBLEMS


(B)
3 OR MORE
INCIDENTS
WITHIN
PAST
YEAR
1-2
INCIDENTS
WITHIN
PAST YEAR
NONE

TOXICITY
CATEGORY OF
PRODUCTS
PRODUCED ON
SITE
(C)
TOXI




TOXII



TOX III AND
TOXIV
NUMBER OF
PRODUCTS
PRODUCED
SUBJECT TO
WPS ON SITE
(D)
4 OR MORE




3



1-2

TOTAL CHECKS
OR NUMBERS/
PRIORITY


(E)
2-4 CHECKS = H
1 CHECK = M
0 CHECK = L


3-4 CHECKS = H
1-2 CHECK = M
0 CHECK =L

3-4 CHECKS = L
1-2 CHECKS = M
Key to the chart - Column E:
H = High priority
M = Medium Priority
L - Low priority

-------
Targeting Inspections
               Worker Protection Inspection Course
                                     SUMMARY
This Module provided a recommended risk-based targeting approach for Use and
Producer Establishment Inspections.  To use this approach, you must utilize the risk-
based matrices provided, but bear in mind that you may modify these matrices to better
"fit" the resources available to your state or region. If you use this approach consistently,
the result will be an equitable targeting system for the Worker Protection Inspection.
Module Five: Student Manual
20
May 1994

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Worker Protection Inspection Course
                           Targeting Inspections
                                   REFERENCES
U.S. Environmental Protection Agency. (1993). The Worker Protection Inspection
      Guidance. Washington, D.C.
May 1994
21
Module Five:  Student Manual

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Targeting Inspections
               Worker Protection Inspection Course
                                REVIEW QUESTIONS
1.     Indicate whether the toxicity of the following items wfll have a greater impact on
       Workers (W) or Handlers (H).

             end-use product

       	   product's active ingredient


2.     List the Tiers in the order of the highest to lowest risk priority.
3.      List the five specific factors used in the risk-based matrix for targeting Use
       Inspections.
4.     List the four specific factors usod in the risk-based matrix for targeting Producer
       Establishment Inspections.
Module Five:  Student Manual
22
May 1994

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Worker Protection Inspection Course                                         Targeting Inspections


5.    Match the toxicity category in Column A with the associated tier in Column B.
      (You may use the same answer more than once.)

      Column A          Column B

      	 Tox I         a.  Tier III

      	 ToxH         b.  Tier II

      	 Tox III        c.  Tier I

           Tox IV
May 1994                                  23                 Module Five:  Student Manual

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Module Five
Attachments

-------
Exercise 1
    RISK-BASED TARGETING FOR USE INSPECTIONS
                       MATRIX I
NAME OF THE SITE(S) DANIEL FARM








TIER I
TIER II
TIER
III
TOMCITV OF
PRODUCT
USED ON
SITE
«


(A)




CROP GROWN/
PRODUCTION
ACTIVITIES



(B)





HISTORICAL
PROBLEMS
WITH PRODUCT




(C)




HISTORICAL
COMPLIANCE
PROBLEMS
WITH SITE



(D)




ESTABLISHMENT
TYPE/ NUMBER
OF WORKERS




(E)
•



TOTAL
CHECKS PER
TIER AND
THE
ASSOCIATED
PRIORITY

(F)





-------
Exercise 2
    RISK-BASED TARGETING FOR USE INSPECTIONS
                       MATRIX I
NAME OF THE SITE(S) MAYO GREEN HOUSE


TIER I
TIER II
TIER III
TOXICITY OF
PRODUCT
USED ON »
SITE
(A)



CROP GROWN/
PRODUCTION
ACTIVITIES
(B)



HISTORICAL
PROBLEMS
WITH
PRODUCT
(C)



HISTORICAL
COMPLIANCE
PROBLEMS
WITH SITE
(D)



ESTABLISHMENT
TYPE/ NUMBER
OF WORKERS
(E)



TOTAL
CHECKS PER
HER AND
THE
ASSOCIATED
PRIORITY
(F)




-------
Exercise 3
                                  Module Five Exercise
            Risk-Based Matrix for Targeting Producer Establishment Inspections
    INSTRUCTIONS:   Read the following site descriptions. Based upon the information
                      provided, refer to the Threshold Key for risk-based targeting for
                      Producer Establishments to determine which of the two sites must
                      be inspected first. Explain your rationale for prioritizing the sites in
                      this fashion.
    PEAP (Produces Enormous Amounts of Pesticides^ Inc.;  Produces a Tox II product,
    three products are affected by the Worker Protection Standard, no historical product
    problems, and two compliance problems have been reported.
    Pampered Pesticides:  Produces one Tox IV product which is affected by the Worker
    Protection Standard, six historical product problems, and three historical compliance
    problems have been reported.
    1.     What is the priority of the two producer Establishments?


    PEAP             =	

    Pampered Pesticides  =   	
    2.     Which inspection will you conduct?
          Why?

-------
Exercise 4
              RISK-BASED TARGETING FOR
              PRODUCER ESTABLISHMENTS

                       MATRIX H
  NAME OF THE ESTABLISHMENT:
PEAP (Produces Enormous Amounts of Chemicals'). INC


TIER I
TIERH
TIER III
HISTORICAL
ESTABLISHMENT
COMPLIANCE
PROBLEMS
(A)



HISTORICAL
PRODUCT
PROBLEMS
(B)



TOXICITY
CATEGORY OF
PRODUCTS
PRODUCED
ON SITE
(C)



NUMBER OF
PRODUCTS
PRODUCED
SUBJECT TO
WPS ON SITE
(D)


'
TOTAL
CHECKS OR
ENTRIES AND
ASSOCIATED
PRIORITY
(E)




-------
Exercise 5
             RISK-BASED TARGETING FOR
             PRODUCER ESTABLISHMENTS

                      MATRIX H
  NAME OF THE ESTABLISHMENT:
PAMPERED PESTICIDES


TIER I
TIER II
TIER HI
HISTORICAL
ESTABLISHMENT
COMPLIANCE
PROBLEMS
(A)



HISTORICAL
PRODUCT
PROBLEMS
(B)



TOXICITY
CATEGORY OF
PRODUCTS
PRODUCED
ON SITE
(C)



NUMBER OF
PRODUCTS
PRODUCED
SUBJECT TO
WPS ON SITE
0>)



TOTAL
CHECKS OR
ENTRIES AND
ASSOCIATED
PRIORITY
(E)




-------
Module Five
Attachments

-------
Exercise 1
            RISK-BASED  TARGETING  FOR  USE  INSPECTIONS
                                       MATRIX I
NAME OF THE SITE(S)  DANIEL FARM








TIER I
TIER II
TIER
III
TOXICITY OF
PRODUCT
USED ON
SITE
«


(A)




CROP GROWN/
PRODUCTION
ACTIVITIES



(B)





HISTORICAL
PROBLEMS
WITH PRODUCT




(Q




HISTORICAL
COMPLIANCE
PROBLEMS
WITH SITE



(D)




ESTABLISHMENT
TYPE/ NUMBER
OF WORKERS




(E)




TOTAL
CHECKS PER
TIER AND
THE
ASSOCIATED
PRIORITY

(F)





-------
Exercise 2
           RISK-BASED TARGETING  FOR  USE IHBPECTIOM8
                                     MATRIX I
NAME OF THE SITE(S)  MAYO GREEN HOUSE


TIER I
TIERH
TIER III
TOXICITY OF
PRODUCT
USED ON ,
SITE
(A)



CROP GROWN/
PRODUCTION
ACTIVITIES
(B)



HISTORICAL
PROBLEMS
WITH
PRODUCT
(Q
>. .


HISTORICAL
COMPLIANCE
PROBLEMS
WITH SITE
(D)



ESTABLISHMENT
TYPE/ NUMBER
OF WORKERS
(E)



TOTAL
CHECKS PER
TIER AND
THE
ASSOCIATED
PRIORITY
(F)




-------
Exercise 3
                                  Module Five Exercise
             Risk-Based Matrix for Targeting Producer Establishment Inspections
    INSTRUCTIONS:   Read the following site descriptions.  Based upon the information
                      provided, refer to the Threshold Key for risk-based targeting for
                      Producer Establishments to determine which of the two sites must
                      be inspected first. Explain your rationale for prioritizing the sites in
                      this fashion.
    PEAP (Produces Enormous Amounts of Pesticides). Inc.: Produces a Tox II product,
    three products are affected by the Worker Protection Standard, no historical product
    problems, and two compliance problems have been reported.
    Pampered Pesticides: Produces one Tox IV product which is affected by the Worker
    Protection Standard, six historical product problems, and three historical compliance
    problems have been reported.
    1.     What is the priority of the two producer Establishments?


    PEAP             =    	

    Pampered Pesticides  =   	
    2.     Which inspection will you conduct?
          Why?

-------
Exercise 4
                            RISK-BASED  TARGETIHG FOR




                             PRODUCER  E 8 T A B L I 8 H M E H T 8







                                           MATRIX  II
   NAME OF THE ESTABLISHMENT:
PEAP (Produces Enormous Amounts of Chemicals'). INC.
o

TIER I
TIER II
TIERin
HISTORICAL
ESTABLISHMENT
COMPLIANCE
PROBLEMS
(A)



HISTORICAL
PRODUCT
PROBLEMS
(B)



TOXICITY
CATEGORY OF
PRODUCTS
PRODUCED
ON SITE
(Q



NUMBER OF
PRODUCTS
PRODUCED
SUBJECT TO
WPS ON SITE
(D)



TOTAL
CHECKS OR
ENTRIES AND
ASSOCIATED
PRIORITY
(E)




-------
Exercise 5
                          RISK-BASED TARGETING  FOR




                           PRODUCER  ESTABLISHMENTS







                                       MATRIX  II
   NAME OF THE ESTABLISHMENT:
PAMPERED PESTICIDES


TIER I
TIERII
TIERin
HISTORICAL
ESTABLISHMENT
COMPLIANCE
PROBLEMS
(A)



HISTORICAL
PRODUCT
PROBLEMS
(B)



TOXICITY
CATEGORY OF
PRODUCTS
PRODUCED
ON SITE
(Q



NUMBER OF
PRODUCTS
PRODUCED
SUBJECT TO
WPS ON SITE
0>)



TOTAL
CHECKS OR
ENTRIES AND
ASSOCIATED
PRIORITY
(E)




-------
     Inspector Training Program
 Worker Protection Inspection Course

         Module Six:
Preparation for Inspections
            Student Manual

-------
Worker Protection Inspection Course                                 Preparation for Inspections
                            TABLE OF CONTENTS
MODULE SIX: PREPARATION FOR INSPECTIONS

      Objective	1
      Introduction	 3
            Purpose	'.	3
            Objective	3
            How Module is Linked with Other Modules	 3
      General Pre-Inspection Activities	3
            Review Facility Background Information  	4
            Prepare an Inspection Plan  	5
            Gather General Equipment	6
            Gather Safety Equipment  	6
            Gather Sampling Equipment	7
            Gather Emergency Equipment . <	7
            Gather Inspection Forms and Documents	7
            Prepare the Notice of Inspection	8
      Pre-Inspection Activities for Worker Protection Inspections  	9
            Registrant/Producer Establishment/Marketplace/Dealer Inspections  .... 9
            Preparing and Issuing a SSURO  	  10
            Use Inspections	  11
      Summary	  13
      References	  14
      Review Questions	  15

      Module Six  Attachment
March 1994                               i                  Module Six: Student Manual

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Preparation for Inspections	.      Worker Protection Inspection Course
                   [THIS PAGE INTENTIONALLY LEFT BLANK]
Module Six: Student Manual                  ii                               March

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Worker Protection Inspection Course                                         Preparation for Inspections
                                         OBJECTIVE

                    Given a pre-inspection worksheet and checklist, be able to prepare
                    for Worker Protection Inspections by identifying the appropriate pre-
                    inspection activities.
March 1994                                      1                      Module Six:  Student Manual

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 Preparation for Inspections  	    Worker Protection Inspection Course
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Module Six: Student Manual                  2                               March

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Worker Protection Inspection Course
   Preparation for Inspections
                                 INTRODUCTION
Purpose

Pre-inspection preparation is an essential part of conducting high quality inspections.
Proper planning and preparation are necessary to ensure that an inspection is conducted
smoothly, efficiently, and professionally. The purpose of this module is to show
participants how to identify pre-inspection activities for Worker Protection Inspections.
The basics of preparing for an inspection, covered in basic inspector training, will be
reviewed. Topics such as the Examination of Background Information, Preparation of an
Inspection Plan, and Gathering the Appropriate Equipment will be covered. These
general principles will then be applied to Worker Protection Inspections to enable
inspectors to perform the most effective and efficient inspections.
Objective

•     Given a pre-inspection worksheet and checklist, be able to prepare for Worker
      Protection Inspections by identifying the appropriate pre-inspection activities.
How Module is Linked with Other Modules

The information in this module is critical to the success of a Worker Protection
Inspection.  Without sufficient preparation, documentation (Module Seven) will be
inadequate.  This will in turn effect the quality of the final inspection report (Module
Eight).
                    GENERAL PRE-INSPECTION ACTIVITIES
The pre-inspection activities for pesticide inspections include the following:

•     Review facility background information.
March 1994
Module Six: Student Manual

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Preparation for Inspections	Worker Protection Inspection Course


       Prepare an Inspection Plan.
       Gather general equipment.
       Gather safety equipment.
       Gather emergency equipment.
       Gather sampling equipment.
       Gather forms and documents.
       Prepare a Notice of Inspection.

This section provides a review of the activities which you may have learned in a basic
inspector training course.


Review Facility Background Information

A thorough review of any available information about the facility to be inspected  is a
critical component of pre-inspection preparation. You should refer to databases  for this
information.  This review will prov   crucial background information about the facility to
be inspected.  In general,  the objec:   s of the background review include the following:

•      Become familiar with  facility size, operations, and physical layout.
•      Learn about the facility's compliance history.
•      Detect inadequacies and  inconsistencies in the background information that >.-u
       may want  to clarify  prior to or during the inspection.
•      Minimize on-site research time and/or inconveniences to facility personnel  by n« t\
             relationship to  the surrounding area
       • •    Physical layout and size of facility
       • •    Names, titles, and telephone numbers of facility officials and/or
             representatives
       • •    Organizational  structure


Module Six:  Student Manual                   4                                March l-'*4

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Worker Protection Inspection Course                                    Preparation for Inspections


       • •    Special facility entry requirements
       • •    Past and present operations and production levels
       • •    Safety equipment and health and safety training requirements

•      Enforcement history

       • •    Previous inspection records
       • •    Compliance histories
       • •    Enforcement actions

•      Reports  prepared by the facility (e.g., annual pesticide production reports)

•      Certified Applicator records


Prepare an Inspection Plan

The basic purpose of an  Inspection  Plan is to save time and resources during the actual
inspection. It is difficult  to assess a  site's compliance with all of the applicable
requirements. Therefore, it is necessary to make judgments about what can reasonably
be accomplished while on-site.  The initial step in preparing an Inspection Plan is to
identify the purpose and  objectives for the inspection.  You need to know "why" the
inspection is being performed in order to properly focus the activities on site. There are
five reasons for conducting an inspection:

•      Routine
•      Comprehensive Worker Protection Inspection
•      "For cause" - there is suspicion of a violation
•      Case development support
•      Follow-up

Knowing the  reason for the inspection will help you make these judgments.
Once these judgments  have been made, you  can properly define the inspection
objectives.

For example, the  objective of a routine Worker Protection Inspection of a Producer
Establishment is to determine if all of the labeling requirements have been met.

The Inspection  Plan should also include the  methods which will be  used for data
collection.
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Preparation for Inspections                                   Worker Protection Inspection Course


Finally, the Inspection Plan should include a prioritized list of inspection activities,
including an estimate of the time required for each.  Giving an activity priority over
others will ensure that the more important activities will be accomplished first. By
prioritizing the activities, they can be completed in order of importance.


Gather General Equipment

When preparing for an inspection, you should gather some general equipment.
This includes:

•      Camera,  film, and flash equipment
•      Pocket calculator
•      Tape measure
•      Clipboard
•      Waterproof pens and markers
•      Locking briefcase
•      Pre-addressed envelopes
•      Plastic covers
•      Plain envelopes
•      Polyethylene bags
•      Disposable towels or rags
•      Field notebook (new one for each inspection)
•      Audio recording device (consult supervisor concerning office policy on using such
       a device)
•      Spare batteries

Gather Safety Equipment

Other materials you should gather before going on an inspection include equipment
designed specifically for safety. The  appropriate safety materials will be determined by
reviewing the facility's background information. The basic safety equipment include:

•      Safety glasses or goggles
•      Face shield
•      Ear plugs
•      Rubber-soled, metal-toed, non-skid shoes with disposable shoe covers, or
       rubber/neoprene boots
•      Liquid-proof gloves (disposable, if possible)
•      Coveralls, long-sleeved
•      Long rubber apron
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Worker Protection Inspection Course                                   Preparation for Inspections


•      Hard hat
•      Respiratory protective device
•      Cartridges for respirator (if applicable)


Gather Sampling Equipment

When planning an inspection involving sampling, you should gather sampling equipment.
This equipment will vary according to the specific type of inspection. The appropriate
sampling materials will be determined by reviewing the facility's background information.
Basic sampling equipment includes:
      Labeling tags
      Tape
      Storage and shipping containers (glass)
      Lids for containers (teflon or foil lined)
      Ice chest
      Clean tools (glass or stainless steel)
Gather Emergency Equipment

You should also be sure to carry equipment that could be used in response to an
emergency situation.  Emergency equipment consists of:

•     Recognition in Management Pesticide Poisoning (4th edition)
•     Emergency telephone numbers
•     First-aid kit
•     Eyewash kit
•     Fire extinguisher
•     Soap, waterless hand cleaner, and towels
•     Supply of clean water for washing
•     Bags to contain spills
Gather Inspection Forms and Documents

In addition to gathering all the necessary equipment, there are various forms and
documents which should be carried on an inspection.  The type of inspection will dictate
which forms are necessary;  however, at least one of each of the following should be kepi
on hand.  These forms include:
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 Preparation for Inspections	Worker Protection Inspection Course


 •     Credentials (Federal and State)
 •     Entry warrant (if deemed necessary)
 •     Notice of Inspection
 •     Receipt for samples and documents [EPA form 3540-3]
 •     Chain of custody record forms
 •     Official seals [EPA form 7500-2]
_ •     Investigation summary [EPA form 8580-7 (3-83)]
 •     Copies of applicable regulations [40 CFR part 156; 40 CFR part 170]
 •     Compliance assistance packet
       Affidavit forms [EPA forms 3540-11, 3540-12, and 3540-19]
 •     Worker Protection Inspection Checklists
 •     Worker Protection Field Inspection Pocket Guide
 •     Stop Sale, Use, or Removal Order (SSURO) form

 FIFRA Section 9(a)(2) states that before undertaking such inspections, you must present
 appropriate credentials to the owner, operator, or agent in charge of the establishment. If
 you are conducting the inspection under State authority, the credentials required by State
 laws and  regulations should be used.  If you are conducting the inspection under EPA
 authority, EPA credentials should be used.  If an  uncredentialed individual accompanies
 you on an establishment inspection, the uncredentialed individual should be identified as
 such to the establishment. If the establishment is opposed to allowing that individual to
 enter, the individual should not enter.

 Credentials must be presented because they serve not only as a means of identification
 for you, but also as an indication of official delegation of statutory authority from EPA or
 State to the person conducting the inspection. You should present your credentials to
 the receptionist at the establishment and then should ask to see the owner, operator, or
 agent in charge.  Under no circumstances should you use both EPA and State/Tribal
 credentials and forms at the same time. Credentials should never be surrendered or
 photocopied.  The relevant information on the credentials may be written down by an
 establishment representative on a separate piece of paper. Regardless of how many
 times credentials have been presented, they should be accessible at all times and readily
 shown to establishment representatives upon request. Business cards may be distributed,
 but  they do not qualify as a substitute for credentials.
 Prepare the Notice of Inspection

 The Notice of Inspection form must be filled out completely. It must state the reason for
 the inspection (whether or not a violation of the Worker Protection Standard is
 suspected). It should also include the inspector's address and signature, the date, and the
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Worker Protection Inspection Course                                   Preparation for Inspections


time of the inspection.  This notice is presented upon arrival at the site, if not before.
You need not provide advance notice of the inspection; this decision is made at the
discretion of the state and/or region.
                       PRE-INSPECTION ACTIVITIES FOR
                     WORKER PROTECTION INSPECTIONS
Registrant/Producer Establishment/Marketplace/Dealer Inspections

In general, Registrant/Producer Establishment/Marketplace and Dealer Inspections are
conducted to ensure that such establishments are using EPA-accepted labels and
maintaining accurate records.  Below are the on-site activities specific to
Registrant/Producer Establishment Inspections.  After each activity is a list of the
possible equipment, sampling, safety, emergency and general equipment as well as any
necessary forms, that would be required to complete that activity.  It is important to
complete a review of the background information and the Inspection Plan prior to each
inspection. This will ensure that the necessary materials are taken to the inspection.
Also review the PR Notice 93-11 summary contained in module four.

Some materials which should be taken to all inspections include:

•     General equipment
•     Emergency equipment
•     Safety equipment
      Notice of Inspection [EPA form 3540-2]
•     Credentials (Federal and State)
•     Field  notebook
Preparing for a Labeling Review

Recall from Module Four the activities in a labeling review.  In order to ensure that the
Worker Protection requirements have been met, you must be able to identify the
required statements (e.g., Spanish Warning Statement, Product Type Identification
Statement), and ensure they have all been included on the label.
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Preparation for Inspecrions                                   Worker Protection Inspect, -i Course


This would be accomplished by collecting actual samples of the label and taking
photographs of the labels.  The necessary equipment for these activities would include:

•      Camera, film, flash equipment
•      Field notebook
•      Chain of custody record forms
•      Waterproof pens/markers
•      Petty cash (to purchase samples if necessary)
•      Worker Protection Field Inspection Pocket Guide
•      Registrant/Producer Establishment Inspection Checklist
•      Polyethylene bags
Preparing for and Issuing Stop Sale. Use, or Removal Order (SSURO)

If during the course of the inspection you identify any pesticide or device that is believed
to be in violation, you may need to issue a Stop Sale, Use, or Removal Order.  If the
order is refused, you need to document the conversation and actions in the inspection
notebook.  Therefore, you will need to bring:

•      Credentials
       SSURO forms
•      Field notebook
•      Waterproof pen/marker
•      Affidavit forms

State versus Federal SSURO's are dependant on credential type. Presentation  of EPA-
issued  credentials may be required in some situations while State-issued credentials m.iv
':? used in other situations.  The question of whether to use Federal or State credential**
.:•: dependent on \  ther the State has author::-, to conduct Producer Establishment
Inspections and whether the State has entereo into a cooperative pe.-:..--de enforcement
agreement with EPA. Under Section  23 of FIFRA, EPA has the au.r._ rity to enter into
a cooperative agreement with States and Indian tribes to (1) delegate the authority to
cooperate in the enforcement of FIFRA, and (2) assist the States and Indian tribes in
training and certifying pesticide applicators.

A Federal inspector must use EPA credentials, and has the authority   issue a Federal
SSURO.  Although a state inspector using state credentials can delm  a Federal
SSURO, a state-credentialed inspector cannot issue a Federal SSURO. A state
inspector, conducting an inspection with state credentials, has the authority to issue a
state SSURO only.
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Worker Protection Inspection Course                                    Preparation for Inspections


Preparing for Compliance Assistance

Compliance assistance should be provided at the end of all Worker Protection
Inspections in order to inform the regulated community about the Worker Protection
Standard as well as to clarify the requirements.  It is recommended that those being
inspected be provided with a compliance assistance packet.

Compliance assistance will be discussed in more detail in module 10.
Use Inspections

Use Inspections are conducted at agricultural facilities where pesticides are applied.  This
includes farms, forests, nurseries, and greenhouses. When performing a routine Pesticide
Inspection, you should perform the Core Worker Protection Inspection (explained in
Module Four). If an establishment has been targeted as a "for cause" Worker Protection
Inspection, then a Comprehensive Worker Protection Use Inspection should be
performed, using  the appropriate Worker Protection Use Inspection Checklist.

Some materials which should be taken to all inspections include:

•     General equipment
•     Emergency equipment
•     Safety equipment
•     Notice of Pesticide Use/Misuse Inspection [EPA form 3540-25]
•     Credentials (Federal and State)
•     Field notebook
Core Inspections

Recall that the Core Inspection is a set of interview questions used during a Use
Inspection. You ask the employer, or person in charge at each site, the questions from
the Core Inspection checklist during the opening interview.  Therefore, the steps in
preparation for a Core Inspection are those steps performed for any routine Pesticide
Inspection. In addition to the steps in preparation for a routine pesticide inspection, v»>
will need to bring:

•     Core Inspection Checklist
•     Worker Protection Field Inspection Pocket Guide
•     Worker Protection Compliance Assistance Materials
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Preparation for Inspections                                   Worker Protection Inspection Course


Comprehensive Use Inspections

A Comprehensive Worker Protection Inspection involves collecting and documenting
evidence indicating whether a site is or is not in compliance with the Worker Protection
Standard.  In contrast to the Core Inspection, a Comprehensive Inspection involves
observation and documentation, taking samples, reviewing records and interviewing
workers and handlers; whereas the Core Inspection only involves interviewing the
employer or person in charge.

In preparation for a Comprehensive Inspection, you will need to review the facility's
background information, prepare an Inspection Plan, gather the necessary materials, and
prepare a Notice of Inspection.  The Comprehensive Inspection requires more data
collection activities than a Core Inspection; therefore, more equipment will be necessary.

•      All general equipment listed earlier should be taken to a Comprehensive
       Inspection, because most of the items are needed during all inspections.

•      The safety equipment taken to a particular site is determined by the type of
       pesticide used  and how it is applied. This information will be gathered when  you
       develop your Inspection Plan.  If you do not know the type of pesticide being
       used, take all of the safety equipment with you so you are prepared for any
       situation.

•      The sampling equipment you will need is dictated by the type of pesticide used,
       the type of crop grown, and the type of agricultural site.  You should research this
       information before preparing your Inspection Plan.

•      All inspection forms and documents should be taken to each inspection, so you
       are prepared.  However, only the Use Inspection Checklist which corresponds to
       the site being investigated is necessary.  If appropriate, also use State/Tribal -
       specific checklists in order to document compliance with State/Tribal-specific
       Worker Protection requirements.
FarmslForests/NurserylGreenhouse Inspections

When an inspection is targeted for a comprehensive Farm/Forest/Nursery/Greenhouse
Worker Protection Inspection, use the Farm/Forest/Nursery/Greenhouse Comprehensive
Checklist, which is located in Appendix D of the Worker Protection Inspection Guidance
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Worker Protection Inspection Course                                    Preparation for Inspections
                                    SUMMARY
Thorough preparation for an inspection is a crucial step in performing effective and
efficient Worker Protection Inspections. In this module we have discussed the
importance of reviewing the facility's background information, including the variety of
information you need to review.  The value of preparing an Inspection Plan, as well as
how to prepare one, were also discussed.

The materials and equipment to be considered for an inspection was addressed. These
include: general equipment, safety equipment, sampling equipment, emergency
equipment, and inspection forms and documents.

This module covered the materials needed for each type of inspection.  It also presented
the significant effect that conducting a background review and developing an Inspection
Plan has on determining the materials needed.
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Preparation for Inspections
               Worker Protection Inspection Course
                                   REFERENCES
 U.S. Environmental Protection Agency. (January) 1989.  Pesticides Inspection Manual.
       Washington, DC.

 U.S. Environmental Protection Agency. Basic Inspector Training Course: Fundamentals of
       Environmental Compliance Inspections. Washington, DC.

 U.S. Environmental Protection Agency. 1993. I  rker Protection Inspection Guidance.
       Washington, DC.

 U.S. Environmental Protection Agency. 1993. Pesticide Product Enforcement Training.
       Washington, DC.
Module Six:  Student Manual
14
March

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Worker Protection Inspection Course
                       Preparation for Inspections
                                REVIEW QUESTIONS
1.     Place an X by the reason(s) why an Inspection Plan should be prepared?



       	to save time and resources at the site of the inspection



       	to document evidence before the inspection



       	to determine necessary materials
2.      List the five possible reasons for conducting an inspection?
March 1994
15
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Preparation for Inspections 	  Worker Protection Inspection Course
3.     For Registrant/Producer and Marketplace/Dealer Inspections a labeling review is
       performed.  List five examples of equipment/materials needed for reviewing labels.
4.     If a Stop Sale, Use or Removal Order is necessary, five things are needed.  List
       them.
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Worker Protection Inspection Course                                     Preparation for Inspections
5.     List three types of materials that should be taken to all inspections.
6.     Under the headings below list three examples of each type of inspection material.

       General      Safety        Sampling     Emergency   Forms
7.      In addition to the materials taken to a routine pesticide inspection, three thing*
       are needed for a Gore Use Inspection.  List them.
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Preparation for Inspections                                   .  Worker Protection Inspection Course


8.     In addition to  emergency equipment (which are taken to all inspections) what
       materials are required by a Comprehensive Use Inspection?
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 Module Six
Attachments

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                                  PRE-INSPECT1ON WORKSHEET
                            WORKER PROTECTION INSPECTION PLAN

Use the following checklist to prepare for a Worker Protection Inspection.  Place a check in the right column
once the information has been reviewed.
  BACKGROUND INFORMATION - Provides crucial background information about the facility
  to be inspected.  Assists the inspector in identifying the purpose of the inspection.
  General facility information:
         size (maps, aerial photographs)
         physical layout (maps, aerial photographs)
         names of officials/representatives
         titles of officials/representatives
         telephone numbers of officials/representatives
         organizational structure
         special facility entry requirements
         past operations and production levels
         present operations and production levels
         safety equipment requirements
         health and safety training requirements
  Previous enforcement information:
         previous inspection records
         compliance histories
         enforcement actions
  Priority level
  Reports prepared by the facility
  Applicator records
Use the following worksheet to plan the objectives the inspection should accomplish; what records
information needs to be reviewed to achieve these objectives, and the order and estimated time for ihc
activities to be performed during the inspection to accomplish the objectives.
INSPECTION PLAN - A plan which maps out the objectives of the inspection which will maximize **t
of time at the inspection site and make more efficient use of facility personnel.
Reason for inspection
"For cause" (suspicion of violation)
Comprehensive Worker Protection
Inspection
Case development
Follow-up
Routine (no suspicion of violation)
y






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                                PRE-INSPECTION WORKSHEET
                          WORKER PROTECTION INSPECTION PLAN
Scope and r- r-c. of inspection:
Assessment topics   pecific questions to be answered)
Inspection activities/field techr>;aues (observation, records, interviews, samples):
Sampling Plan (quality assura.
Safety Plan:
Order of inspection activities (prioritize with "must do" before optional):
Time required:

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                                  PRE-INSPECTION CHECKLIST
Use the following five (5) checklists to prepare for a Worker Protection Inspection.  Place a check in the Need
column if the item is needed for this inspection.  Put a check in the Have column once the item has been
gathered.
EMERGENCY EQUIPMENT - Equipment used in response to an emergency situation.
Substance specific first aid information
Emergency telephone numbers
First aid kit
Eyewash kit
Fire extinguisher
Soap
Waterless cleaner
Towels
Clean water for washing
Other:
Need










Have










SAFETY EQUIPMENT - Equipment designed specifically for safety.
Safety glasses/goggles
Face shield
Rubber/neoprene boots
Liquid-proof gloves (disposable if possible)
Long-sleeved coveralls
Long rubber apron
Hard hat
Respiratory protective device
Cartridges for respirator (if applicable)
Other:
Need










Have









*
SAMPLING EQUIPMENT - Equipment used, for gathering samples at the inspection
site; may vary according to the specific type of inspection.
Labeling tags
Ice chest
Storage/shipping containers (glass)
Clean tools (glass or stainless steel)
Lids for containers (teflon or foil lined)
Other:
Need






Have



'
•


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PRE-INSPECTION CHECKLIST
GENERAL EQUIPMENT - Other equipment used during the inspection.
Camera, film, flash equipment
Pocket calculator
Tape measure
Audio recording device*
Field log book (new one for each inspection)
Waterproof pens/markers
Locking briefcase
Envelopes
Plastic covers
Polyethylene bags
Disposable towels/rags
Other:
Need












Have












    •Consult supervisor concerning office policy on using such a JCMCC.
INSPECTION FORMS AND DOCUMENTS - Forms needed during an inspection. All
forms may not be used for each inspection, but one of each form should be kept on
hand.
Entry warrant (if necessary)
Notice of Inspection [EPA form 3540-2]
Inspection Checklist
Worker Protection Field Inspection Pocket Guide
Receipts for samples/documents [EPA form 3540-3]
Chain of custody record forms
Investigation summary [EPA form 8580-7 (3-83)]
Official seals [EPA form 7500-2]
Copies of Worker Protection Standard [40 CFR pan 156, subpart K; 40 CFR part 170]
Compliance assistance package
Affidavit forms [EPA forms 3540-11, 3540-12, and 3540-19)
Credentials (State/Tribal or Federal)
Other:
Need













llav*














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       Inspector Training Program
   Worker Protection Inspection Course

         Module Seven:
Documentation for Inspections
             Student Manual

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Worker Protection Inspection Course	Documentation for Inspections
                            TABLE OF CONTENTS
MODULE SEVEN:  DOCUMENTATION FOR INSPECTIONS

      Objective	1
      Introduction	3
            Purpose	3
            Objective	3
            How Module is Linked with Other Modules34
      Documentation Characteristics/Data Collection Methods  	4
            Common Mistakes when Documenting Information	  10
      Documenting Worker Protection Inspection Activities	11
            Registrant/Producer Establishment/Marketplace/
            Dealer Inspection Activities	11
            Use Inspection Activities	13
      Worker Protection Requirements Based On 40 CFR part 170  	14
      Exercise	16
      Summary	16
      References  	17

      Module Seven Attachments
May 1994                                i               Module Seven: Student Manual

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Worker Protection Inspection Course                                     Documentation for Inspections
                                        OBJECTIVE

                    Provide students with refresher training on basic
                    documentation procedures.

                    Based on basic documentation procedures, be able to identify
                    violations of the Worker Protection Standard (WPS) and record
                    documents that are accurate, inclusive, and relevant
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Documentation for Inspections                                Worker Protection Inspection Course
                  [THIS PAGE INTENTIONALLY LEFT BLANK]
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Worker Protection Inspection Course	         Documentation for Inspections
                                 INTRODUCTION
Purpose
The most important objective of the FIFRA inspector, when conducting an inspection to
ensure compliance, is to identify and collect evidence documenting suspected "unlawful
acts" under Section 12 of FIFRA or the State statute. Collecting and documenting
evidence are critical inspection activities. Evidence supports the development of an
enforcement case as well as helps the inspector prepare for and give testimony when
required. It also facilitates the report writing process.

This module focuses on ensuring that the evidence collected will be admissible in court.
It also provides procedures for evidence documentation.

This topic is also discussed in detail in the Pesticide Product Enforcement Training
course and  the Pesticide Use Training course.
Objective

•     Based on past knowledge and documentation experience, be able to identify
      violations of the Worker Protection Standard (WPS) and record documents that
      are accurate, inclusive, and relevant.
How Module is Linked with Other Modules

Violation documentation is important during inspections conducted for all worker
protection inspection components (Module Four).  Effective preparation for an
inspection (Module Six) will facilitate the inspection and documentation process.  This
module emphasizes the importance of thorough documentation and will provide guidance
on the most effective and efficient means of documenting evidence.  Thorough
documentation will impact the quality of the final report (Module Eight).
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Documentation for Inspections                                Worker Protection Inspection Course
                       INSPECTION DOCUMENTATION:
                       GENERAL PROCEDURES
Documentation Characteristics/Data Collection Methods

In order for documentation to be admissible in court, and for it to be useful in effective
report writing, it needs to be accurate, inclusive, and relevant

•     Accurate

Documentation of information gathered during an inspection needs to be accurate.
Error free notes are essential.  Accuracy enhances the credibility of the evidence.
Examples of accuracy include using the correct date in the notes, labeling samples
carefully and correctly, consistent use of log numbers, etc.

•     Inclusive

      Comprehensive documentation during an inspection is important. You will
      appreciate having details when writing your report and if you are called to testify.
      Remember, several months or years may pass before you may be called to testify.
      In that time you will not easily remember many of the details of an investigation.
      Having comprehensive documentation will allow you to refresh your memory, and
      enable you to be a more credible witness.  An example of inclusive documentation
      would be noting specific details of where photographs were taken, and of what
      products.

•     Relevant

      Your credibility will be enhanced by having only relevant information in your
      documentation. Relevant information is factual information which directly relates
      to the inspection.  If the information is not factual, it is probably not relevant.
      Examples of irrelevant information includes opinions  and conclusions about the
      facility or the inspection.  Opinions demonstrate a lack of objectivity and thus a
      lack of fairness. If a judge does not believe you were objective when conducting
      the inspection,  evidence you collected and/or your testimony may be ruled
      inadmissible.
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Worker Protection Inspection Course	Documentation for Inspections


A Case Development Officer (CDO) is responsible for preparing an enforcement case if
a violation is suspected.  The CDO must review and determine the adequacy of
documentation.  The CDO is also responsible for ensuring the authenticity of the
evidence being presented. Authenticity is demonstrated by showing that all items are the
actual objects on which the inquiry is focused, and the condition of the items is
substantially the same as it was at the time of the investigation.  To facilitate the
development of an enforcement case, your documentation must be accurate, inclusive,
and relevant. The CDO will have a difficult time establishing the adequacy, quality, and
authenticity of the evidence if the documentation is not reliable.
Types of Documentation


Field Notebooks
The inspector's notebook is the center of all inspection documentation.  It should contain
accurate and inclusive documentation of all inspection activities. The notebook is the
basis for preparing the inspection report and for refreshing your memory regarding the
specifics of sample collection and other inspection procedures should you be called to
testify for an enforcement case.

Language used in the notebook should be objective, factual, and free of personal feelings
and conclusions. The notebooks can be provided to the opposing side during the
discovery process of an enforcement case and can be entered as evidence in court. It is
crucial that you keep detailed notes on every aspect of the inspection. Entries in the
notebook should describe particular samples, photographs, etc.  One suggestion is to  use
assigned identification numbers.  This will allow each item to be traced to the exact time,
place, conditions, and procedures employed in gathering the piece of evidence.
Collecting confidential business information (CBI) should be avoided. If you expect to
obtain CBI, you should use a separate notebook for notes.  To have access to FEFRA
CBI, you must either have access authorization by the Regional Document Control
Officer (i.e., you must have taken the briefing and test administered by the Document
Control Officer), or the establishment representative must voluntarily provide the
information to you in a double sealed envelope. The establishment may also elect to
send the information claimed as CBI directly to the Document Control Officer.
State/Tribal inspectors conducting inspections under EPA credentials are not authorized
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Documentation for Inspections	Worker Protection Inspection Course •


access to FIFRA CBI unless the establishment representative voluntarily provides the
information. For specific CBI instructions, please consult with your supervisor.

The notebook should be bound and have consecutively numbered pages. This ensures
that no information was added or deleted after the inspection and makes authenticity
easier to demonstrate. A new notebook should be  used for each inspection, so that
information from another inspection does not become subject to discovery during a trial.
Waterproof ink should be used in the notebook.

The notebooks should be signed in ink.  All entries should be made in ink and should be
legible, with the date and time of each entry recorded. Notes taken  anywhere else, such
as a checklist or worksheet, should be referenced in the notebook. Anyone else who
makes an entry should also sign and date the entry.  Incorrect entries should be lined out
and initialed.

Following are several categories of information which should be noted in a notebook.
Every state/region has their own methods for comparing this information.

•      Sampling Procedures.  All sample collection equipment should be identified in the
       notebook. The rationale for taking a particular sample should also be noted.

•      Documents. All documents taken or prepared should be noted and related to
       specific inspection activities, listed on the Receipt for Samples form, and  in your
       notebook.

•      Unusual Conditions and Problems. Unusual conditions and problems should be
       noted and described in detail.

•      Interview Notes.  Names and titles of facility personnel and the activities  they
       perform should be included along with notes of the statements they made.  If
       notes are written elsewhere, (e.g., checklist) you should note it in the notebook.

•      General Information.  Names and titles of facility officials, size of facility,
       description of operations, number of employees, and other general information
       may be useful in case development as well as for future inspections. Please be
       sure to include the inspection dates in your notebook as well.

•      Other Incidents.  Detailed notes should be kept concerning any other incidents
      • that occurred during the inspection.
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Worker Protection Inspection Course	Documentation for Inspections


•      Identification Numbers.  Each piece of evidence collected should be keyed to an
       entry in the notebook.

•      Observations. All conditions, practices, and other observations that will be useful
       in preparing a report should be recorded.

•      General Procedures.  All procedures followed during entry, records inspection,
       and documentation preparation should be entered.


Affidavits
An affidavit or sworn statement relating to personal first-hand knowledge of a potential
violation.  The affiant, the person swearing to the knowledge, must sign it and be able to
verify personally the facts contained in the statement. The affiant also makes an oath
which serves to substantiate the truth of the statement.  Considerations for taking an
affidavit include:
•     Identity of the affiant
•     Reason for taking the affidavit, or signed statement
•     Pertinent facts in a simple narrative style, arranged in chronological order
•     Concluding paragraph indicating that the affiant read and understood the
      statement
•     If possible, take the affidavit, or signed statement, in the language of the affiant
•     Affiant should also initial any corrections made on the final copy of the affidavit,
      or signed statement
•     Provide a copy to the signee

Consult your supervisor concerning the use of audio recording devices during the
recording of an affidavit, or signed statement.
Statements


Inspectors can obtain formal written statements from persons who:

•     have personal, first-hand knowledge of facts pertinent to suspected violations.



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Documentation far Inspections	Worker Protection Inspection Course


•      have knowledge of information that a third party, known by name, may be able to
       provide.
•      have information whose source is not clearly known.

The principle objectives of obtaining a statement are to record in writing, clearly and
concisely, relevant factual information to be used to document an alleged violation. This
statement of facts is signed and dated by the person who can testify to the facts in court.


Photographs
Photographs are considered one of the best forms of physical evidence because they are
easy to authenticate.  When enlarged and placed in view of a courtroom, they can be the
best means of duplicating what occurred during an inspection.  Clear photos of relevant
subjects provide an objective record of conditions at the time of the inspection.

It is essential to the admissibility that the subjects which the photographs portray be
relevant and material to the case.  The photographs must also be a fair and accurate
representation of the object or scene which it portrays. If it is not a fair and accurate
representation, even though the object or scene may be relevant and material, the
photograph  may not be admitted as evidence..

The right to document the inspection by means of photograph is included in the right to
inspect.  You should take photographs of anything  needed to complete the objectives of
the inspection.  If facility officials restrict the taking of photographs, it is considered a
denial of consent to inspect, and should be treated as such.

The effectiveness of any photograph is determined by the arrangement of the objects in
it. You should imagine how the final print will look. The arrangement will be effective if
the photograph tells a story with a minimum of explanation.
All photographs should be marked with identifying information in order to aid in the
authentication process.  An effective means for tracking photographs is to keep notes in
chronological order in the field notebook as photographs are taken.  If the photographs
are instant, you should initial, date and place the sample number on the photograph
immediately. The information should be recorded on the reverse side of regular
photographs once the film is developed.  Identification for each photograph or group of
photographs should include the following:
Module Seven:  Student Manual                8                                March 1994

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Worker Protection Inspection Course	Documentation for Inspections
      Identifying number of each photograph
      Date and time taken
      Name of the facility
      Specific location on the premises
      Lighting and weather conditions
      Brief description of the scene, if necessary
      Numbers of related physical samples (if any)
      Anything unusual about the way the photograph was taken
Drawings and Maps
Schematic drawings, diagrams, charts, and other visual notes can be used to capture
features that may not be clear in photographs. Sometimes a photograph contains so
much detail that the crucial features are not clear.  The drawing or diagram can be
drawn in the notebook or on a separate piece of paper and referenced in the notebook.
It can provide graphic clarification of site location relative to the overall facility, spill or
contamination parameters, relative height and size of objects, and other information
which, when combined with samples, photographs and other documentation, can provide
an accurate, complete evidence package. All drawings an maps should be identified with
your initials, the date, and an identification number.

A rough map drawn during the inspection can be a valuable piece of evidence. A map
of the site helps the judge or jury form a mental picture of the facility through your eyes.
Possible maps you may make during an inspection include:
•     General map of the facility
•     Map showing where photos were taken
•     Map showing where potentially noncomplying situations were observed, such as
      field or greenhouse layout
•     Map showing the layout of a particular part of the facility on which the inspection
      focused major attention
•     Map showing major roads and intersections

Basic measurements (to provide for scale interpretation) and compass points should be
included on maps.
March 1994                                9                Module Seven: Student Manual

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Documentation for Inspections	Worker Protection Inspection Course


Printed Matter
A facility's own publications, such as brochures, literature, and labels, may provide
helpful illustrations of the layout, conditions, and information about the product.  This
material may be collected as evidence if believed to be relevant  All printed materials
should be identified with the date, your initials, and origin.
Mechanical Recordings
Records produced electronically or by mechanical apparatus can be entered as evidence.
Charts, graphs, and other "hard copy" documents should be treated as documentation,
and handled accordingly.
Common Mistakes when Documenting Information

This section lists several mistakes made when documenting information and the problems
these mistakes may cause.

•      No notebook/loose notes - documentation can be lost; difficult to establish
       authenticity; difficult to prove the notes were not tampered with (e.g., pages added
       or removed)
       Incorrect notebook (i.e.. not bound, not numbered) - difficult to prove the notes
       were not tampered with (e.g., pages added or removed); difficult to establish its
       authenticity

       Same notebook for several inspections - information from other inspections may
       be subject to discovery by the other party

       Personal comments in notes - may show lack of objectivity; may damage your
       credibility

       Conclusions  made in notes - conclusions may be wrong, can lead to problems in
       court; may show lack of objectivity; may damage your credibility

       Non-objective - may damage your credibility
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Worker Protection Inspection Course	Documentation for Inspections


•     Non-factual - may damage your credibility

•     Non-waterproof ink - notes can be damaged

•     Not legible - may not be admissible in court

•     Not enough information fe.g.. no log numbers, date, or time) - may be difficult to
      authenticate evidence

•     Inconsistency - may lead to confusion; may damage your credibility

•     Poor photography

      • •    wrong film, light, composition,  lens - photograph may not be useable;
            photograph may not be a fair and accurate representation
      • •    not fair and accurate representations - will not be admissible as evidence

•     Confidential business information - subject to discovery if included in notebook
      with other notes
                    DOCUMENTING WORKER PROTECTION
                            INSPECTION ACTIVITIES
Worker Protection Registrant/Producer Establishment/Marketplace/Dealer/Inspections


Observations


During a Registrant, Producer Establishment, Marketplace, or Dealer Inspection,
anything you see, hear, smell, or touch may be useful.  In order to document what you
have sensed, you need to take accurate notes in your notebook.  You may also wish to
photograph the site or label, and/or make a drawing or a map indicating what you
experienced.


March 1994                               TI                Module Seven: Student Manual

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Documentation for Inspections	Worker Protection Inspection Course


For example, while conducting a marketplace inspection, you notice a pesticide for sale
without the required statements on the label. You should photograph and collect a
sample of the pesticide on the shelf and the pesticide label, and then log the photographs
and note what you saw in your notebook.


Records Review
A review of the facilities records may be an important aspect of a Registrant, Producer
Establishment, Marketplace, or Dealer worker protection product-related Inspection.  If
records are to be used as evidence, a copy should be made and noted in the notebook.
If it is not possible to make a copy, you may need to copy the information from the
document into the notebook. Obtain a copy of records for each shipment in violation of
labeling compliance deadlines, as each  shipment/sale is a separate violation. Refer to
Supplemental PR Notice 93-11  for applicable shipment dates.  In cases where an invoice
or shipping record for the lot or batch  being sampled is unavailable, you should obtain a
statement from the responsible facility  official to determine the destination of that
particular lot or batch.

If the inspection is being conducted at  a dealer or marketplace, be sure to collect records
documenting when the site received the product from the registrant or producing
establishment, and whether a supplemental label or sticker was provided to accompany
the product at the time of shipment.

For each recc - obtained:

•      Initial.    2, and write the facility's name on the back  of each copy.
•      Assign    identifying number.
•      Log the identifying number, date, source, physical location, and manner of
       collection in the notebook.
Sampling
While conducting a Worker Protection Inspection at a Registrant, Producer
Establishment, •  tarketpl.i.  . or Dealer Establishment, you may find it necessary to
collect a sample  ;f a pe:.  . ue label as evidence, in addition to photographing and
Module Seven:  Student Manual                12                                Marc*

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Worker Protection Inspection Course	Documentation for Inspections


collecting records of the deficient product. Take a photograph of the label, and note it
in your notebook.

While conducting an inspection at a Registrant or Producer Establishment, the facility
official should be able to provide you with a sample label.  A bin label, however, is not
sufficient evidence except with an affidavit or signed statement from the
Registrant/Producer employer verifying that the bin label is identical to the label  on
product released for distribution and sale.

Also while conducting this inspection, obtain a physical sample of the pesticide with the
deficient label, in addition to photographing it and noting its deficiencies in your
notebook.  If you are not able to purchase the pesticide, be sure the photograph  shows
the pesticide was for sale (i.e., on a shelf in the sales area,  with a price tag).

For each sample obtained:

•      Initial, date,  and write the facility's name on the label of each sample  container.
•      Assign an identifying number.
•      Log the identifying number, date, source, physical location, and manner of
       collection in  the notebook.
Worker Protection Use Inspection Activities
Interviews

For a Core Use Inspection, an interview with a representative of the establishment is a
primary source of information. You would document the information obtained during
the interview as you would for any interview, as well as verifying the answers through on-
site observations. Refer to the Worker Protection Core Inspection Use Checklist for
examples of specific interview questions.

For Comprehensive Use Inspections, the interview with the establishment representative
is only part of the process. Interviews may be conducted with other employees, such as
workers and handlers, to determine such things as time and type  of training; if they were
properly notified of pesticide applications; if adequate PPE was provided, properly worn,
and cleaned; if retaliation had occurred; etc. In each case you should document any
employee interviews.
March 1994                                13                Module Seven:  Student Manual

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Documentation for Inspections	Worker Protection Inspection Course
In order to document the information obtained during an interview, you should take
notes in a notebook as you ask the questions on the checklist, or you may take notes on
the checklist form itself.  If you take notes on the checklist, make a note in the notebook
that references the checklist.  Once the interview is complete, you may want to write a
concise statement of the information revealed in the interview and have the statement
reviewed, signed, and dated by the person you interviewed. If you feel the information is
crucial, you  may have the person prepare an affidavit, or signed statements, as evidence.

Worker Protection Requirements Based on 40 CFR part 170

Recall from Module Four that the purpose of a Use Inspection is to collect and
document evidence  indicating whether a site is or is not in compliance with the WPS, in
accordance with the statements on the pesticide label.  At  this time, we will discuss 7
major compliance areas of worker protection use inspections, and how to document
them, based on our opening discussion of general documentation methods. Please refer
students to their Comprehensive Use Inspection Checklist, and Worker Protection Field
Inspection Pocket Guide  for use during these discussions.  General worker protection
enforcement issues may arise  during this discussion.
                         NOTIFICATION AND POSTING:
Have students refer to pages 21-24 in their pocket guide. Possible answers include:
photographing posted sign, documenting notification methods through interviews of
employer and workers, observing workers entering treated areas and compare with re-
entry restrictions on the label.  Collecting/photographing the WPS product label,
photographing workers inside treated areas.
                         APPLICATION AND ENTRY RESTRICTIONS:
Have students refer to pages 25-32 in their pocket guide. Possible answers include:
photographing/xeroxing written notification method, photographing workers inside
previously-treated area, documentation through interviews of employer and workers,
observing workers entering treated areas prior to the re-entry interval, review re-entry
restrictions on the label.  Collecting/photographing the WPS product label being used.
Drawing a map of the area, such as a greenhouse without any ventilation mechanisms.
Module Seven:  Student Manual               14                               March 1.994

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Worker Protection Inspection Course                                 Documentation for Inspections


                   PPE/HANDUNG EQUIPMENT
Have students refer to pages 32-38 in their pocket guide.  Possible answers include:
photographing PPE, PPE storage area, and/or workers/handlers wearing PPE.  Manually
check PPE to verify whether it is in good repair. Photograph/document PPE specifications on
label of product being used.  Interview employer/workers in regard to PPE cleaning practices.
                          PESTICIDE SAFETY TRAINING:
Have students refer to pages 39-42 in their pocket guide.  Possible answers include:
ask employer who provided training, look for records/log-in sheets of attendees, visit trainer,
determine what training materials were used.

                          PESTICIDE SAFETY INFORMATION:
Have students refer to pages 42-44 in their pocket guide.  Possible answers include:
photographing the safety poster, drawing a map indicating where the poster was located < >n
the establishment.
                          DECONTAMINATION:
Have students refer to pages 45-47 in their pocket guide.  Possible answers include:
photographing the decontamination site and its contents, drawing a map indicating whtre tttt
decontamination site was located in relation to pesticide activities on the establishment.
                          EMERGENCY ASSISTANCE:
Have students refer to page 47 in their pocket guide.  Possible answers include:
documenting through employer/worker interview whether an incident involving a WPS
product occurred, if the incident occurred, verify through medical personnel interviews
whether product-specific information was made available at the time of the incident.
March 1994                                15                Module Seven: Student

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Documentation for Inspections
               Worker Protection Inspection Course
                                    EXERCISE
                                    SUMMARY
Collecting and documenting evidence is a critical inspection activity.  Evidence supports
the development of an enforcement case as well as helps the inspector prepare for and
give testimony when required. The first section of the module discusses the need for
documentation to be accurate, inclusive, and relevant.  The module then covered the
various types of documentation, including:

•      Field notebooks
•      Affidavits, or signed statements
•      Statements
•      Photographs
•      Drawings and maps.
•      Printed matter
•      Mechanical recordings

It also focused on ensuring that the evidence collected will be admissible in court. Next
was a brief discussion of common mistakes when documenting information and the
problems these mistakes can create.

Application of the documentation procedures was discussed in terms of the different
types of Worker Protection Inspections: Registrant, Producer Establishment,
Marketplace, Dealer, and Use Inspections.
Module Seven: Student Manual
16
March 1994

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Worker Protection Inspection Course
                     Documentation for Inspections
U.S. Environmental Protection Agency.  1989 (January). Pesticides Inspection Manual
       Washington, DC.

U.S. Environmental Protection Agency.  Basic Inspector Training Course: Fundamentals
       of Environmental Compliance Inspections.  Washington, DC.

U.S. Environmental Protection Agency.  Worker Protection Inspection Guidance.
       Washington, DC.

U.S. Environmental Protection Agency.  Case Development Training. Washington, DC.
March 1994
.  17
Module Seven:  Student Manual

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Documentation for Inspections                                 Worker Protection Inspection Course
                               REVIEW QUESTIONS
1.     Place an X by the reason(s) for having accurate documentation.



       	   credible



       	   desirable



       	   admissible



       	   compatible






2.     Place an X by the relevant documentation.



       	   conclusions



       	   facts



       	   opinions



       	   speculations






3.     Name two reasons why documentation should be inclusive.
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Worker Protection Inspection Course	Documentation for Inspections


4.     List five categories of information that should be recorded in a notebook.
5.     Place an X in the Affidavit column if the phrase applies to an affidavit.  Place an
       X in the Statement column if the phrase applies to statements.

       Affidavit     Statements   Phrases

       	          	          has personal firsthand knowledge of a potential
                                violation

       	          	          able to verify personally the facts contained in the
                                statement

                                makes an oath which serves to substantiate the truth
                                has knowledge of information that a third party known
                                by name may be able to provide

                                has information whose source is not clearly known
6.     A photograph must be a	and	representation of
      the object or scene which it portrays.
March 1994                                19                Module Seven: Student Manual

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Documentation for Inspections                                  Worker Protection Inspection Course






7.     List three types of documentation appropriate for an interview.
8.     List four types of documentation appropriate for observation.
9.     List two types of documentation appropriate for records review.
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Worker Protection Inspection Course                                  Documentation for Inspections






10.    List three types of documentation appropriate for sampling.
11.    List five common mistakes made when documenting information.
March 1994                                 21      .           Module Seven:  Student

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              I
              /
Module Seven
 Attachments

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                                                          SAMPLE

                                         MICHIGAN STATE DEPARTMENT OF AGRICULTURE
                                              GUIDELINES FOR USE OF LOGBOOKS

The log book should be u»ed to record Information for all Investigations and Inspections that have enforcement potential. Including Pesticide Use
Investigations, Planned Use Inspections, Producer Establishment Inspections, Marketplace Inspections, RUP Audits. The following are examples of
Information you may want to record.

I.        GENERAL GUIDELINES FOR ALL INVESTIGATIONS AND INSPECTIONS

1.       Inspection number or investigation number.
2.       Date and time complaint was received.
3.       Date and time investigation was initiated.
4.       Name, address, telephone number, and certification number of applicator.
5.       Name, address, and telephone number of complainant
6.       Name, address, and telephone number of firm Involved.
7.       Nature of complaint
8.       Statement of complainant and statement of persons Interviewed.  Just document the facts.
9.       Record all observations that you made.  Be very specific. Document extent and severity of any damage observed. For crop - number of square
         feet or acres  damaged and severity of damage.  For trees, and other plants • size of plants, name, location, number affected, symptoms
         observed. If right-of-way? How far are they from end of right-of-way?
10.      Was every allegation thoroughly Investigated? If not, why not?
11.      Document your actions - everything you did.
12.      Photographs.
         a.       Why were they taken?
         b.       How many were taken?
         c.       Description of photographs.
13.      Be objective.  Do not include opinions, profanity, derogatory comments, or any embarrassing Information.  Leave several blank pages between
         each inspection or investigation. You might want tot enter additional information at a later date.
14.      Include map or diagram when appropriate.
15.      Sampling.
         a.       Date and time of sample.
         b.       Sampling method utilized.
         c.       Sampling equipment used.
         d.       When, how, or whether the sampling equipment was cleaned.
         e.       Sampling diagram when appropriate.
         f.        Were appropriate procedures used? (such as NEIC)
         g.       What protective clothing and equipment were used when sampling (gloves, boots, respirator, etc.)?
         h.       Indicate whether or not blanks were taken.
         i.        Weather conditions at time of sampling.
         j.        Document chain of custody for samples. What happened to the sample from the time the sample was taken until the sample arrived
                 at the lab?  For example: Sample was placed inside an Inverted plastic bag Immediately.  Bag was sealed with official seal tape.
                 Sample was placed in cooler with ice. Cooler with sample was placed in the trunk of my state car. Sample was taken to my home
                 (or to the office). Sample was hand delivered to the  lab (or was mailed, or was placed in the ID mail run.)  H sample was received
                 from another agency, so indicate and state that the chain of custody form was signed.
                 This is probably the most important documentation of any investigation.  The case will be  lost If chain of custody has  been
                 compromised.
         k.       Were hands washed before taking sample?
         I.        Source of sample containers.  Were sample containers washed with acetone prior to use?
         m.      Sample number(s).
         n.       Why were samples taken or why were samples not taken?
16.      Document the numbering of all the Use Investigation documents (labels, records, etc.).  Should have the U.I. number plus subsample letter
         (A.B.C.D etc.).


II.       MARKETPLACE AND  PRODUCER  ESTABLISHMENT INSPECTION SPECIAL GUIDELINES

1.       Name, position, and responsibilities of persons interviewed - producers.
2.       H incorporated, names of officers - producers.
3.       For producers, record their establishment number.
4.       For producers, name and EPA Reg. number for pesticides produced.
5.       For producers, inventory of pesticide products ready for shipment
6.       Observations.
7.       Information for narrative - responses to questions asked.
8.       List of documents left with firm.
9.       Note that credentials were presented.


III.       RUP AUDIT SPECIAL GUIDELINES

1.       List all discrepancies or results of the audit
2.       Content of the audit include the following:
         a.       Reviewed the monthly sales reports
         b.       Examined the daily sales receipts.
         c.       Conducted a physical inventory.

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                                        SAMPLE



                      MICHIGAN STATE DEPARTMENT OF AGRICULTURE

                        PESTICIDE USE INVESTIGATION CHECKLIST
PI-182

PI-147



PI-103

AG-035

PI-103
LB-021

AG-031

MEMO
	    Request for Investigation

	    Use Investigation Report (Opens the case)
       Inspector assigns case number.
       Complainant's Statement

       Inspector's Report on Sample

       Applicator Statement/Firm's Statement

       Copy of Product Label (Reviewed by Inspector)
       Other Documents
       [NOTE: Always identify alt documents received by case #, source (name), date,
       and your name.]

       Report of Analysis

       Summary of Investigation

       Memo to Enforcement Manager with Inspector's conclusion re: violation and
       recommendation for action.
RECORD DISTRIBUTION: Need 3 complete copies of all reports:
              Original for Lansing Office
              1 Copy for Regional Office
              1 Copy for Inspector's Files
                                          Submit to Regional Office
                                          Submit to Regional Office
                                          Retain by Inspector
NOTE:        At the end of the work week after a case is initiated, submit all investigative reports
completed thus far,  including PI-147, in the distribution described above. Submit the remaining reports
as the investigation  is completed on a weekly basis. This procedure will allow the regional and Lansing
office to know how a case is progressing and answer questions on the status of the case.
PI-147:        A PI-147 (Use Investigation Report) must be submitted to the regional office within several
days of case initiation in order to open a case file; therefore, it often has to be submitted before all the
requested information is known.  When this occurs, make sure you send in a supplemental PI-147 at the
end of the investigation with the  complete information.

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                             Module Seven Case Study
                              Floyd's Fancy Flowers
INSTRUCTIONS:   The following case study may require assumptions to be made by the
                   reader, and may not always reflect actual field experiences. Read
                   the case study below and identify those items which are in possible
                   violation of the Worker Protection Standard. List the appropriate
                   documentation materials you may need. Request the materials from
                   the instructor and complete them. You will be evaluated on
                   whether or not the documentation is accurate, inclusive, and
                   relevant.
Your region has targeted Floyd's Fancy Flowers for a comprehensive Worker Protection
Inspection. When you arrive at the site you interview Floyd, the owner. You find that
he employs 7 workers and 2 handlers. Two of the workers are Hispanic and speak
minimal English. During the interview you discover that Floyd trains the workers and
handlers some time during the first month they begin working. The training he provides
is approximately an hour and a half in length. Upon further inquiry  you find Floyd is
not certified to conduct Worker Protection Training. You also find that Floyd is not
bilingual.  Floyd tells you that the pesticide he uses is applied as a mist. Upon examining
the pesticide, you note that there is no inhalation exposure level listed on the label, and
that the skull and crossbones symbol was on the front panel of the container.

After the interview, you walk to the greenhouse.  On the way, you notice a
decontamination site which meets the WPS requirements. After entering the greenhouse
through the only entrance, you notice a pesticide safety poster and a poster with  the
emergency information at the entrance.  The poster is the EPA approved poster  and is
legible.  As you examine the greenhouse you notice there are no devices for ventilation,
no fans, and an absence of windows.

You ask Floyd if you may interview some of the workers. He quickly gives his approval
and returns to his office. While interviewing one of the workers you discover that he had-
been exposed to pesticides at one point and became ill.  He said it was an accident and
that he is fine now because Floyd immediately rushed him to the emergency room.
Through a few more questions you discover that Floyd forgot to take the pesticide's label
with him to the emergency room. He knew the pesticides name and the active
ingredient, but he could not remember the EPA registration number, the antidote, or the
first aid information.

During an interview with another worker, you find that they work from 7:00 a.m. to 4:00
p.m. every day. This worker pointed out that when Floyd is going to spray pesticides, he
posts the warning posters 24 hours in advance. On the days after the pesticide is

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sprayed, they only work two or three hours in the greenhouse, and they must wear gloves
and an apron on those days.

During an interview with one of the handlers, she said that she applies pesticides in the
evening - after the rest of the workers go home for the day.  It generally takes 2-3 hours
to complete the application. After she finishes the application, she locks up the
greenhouse, properly cleans herself and her PPE, and goes home. You also find that
Floyd provides all of the necessary Personal Protective Equipment for the handlers.

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                             Module Seven Case Study
                              Juan's Farm Supplies
INSTRUCTIONS:   The following case study may require assumptions to be made by the
                   reader, and may not always reflect actual field experiences. Read
                   the case study below and identify those items which are in possible
                   violation of the Worker Protection Standard. List the appropriate
                   documentation materials you may need. Request the materials from
                   the instructor and complete them. You will be evaluated on
                   whether or not the documentation is accurate, inclusive, and
                   relevant.
Your Region has targeted "Juan's Farm Supplies" for a Worker Protection Inspection.
Juan's is a new store which sells farm supplies and equipment.  You proceed to the store
to conduct the inspection. You present your credentials and the Notice of Inspection to
Juan. He begins to show you around the store.  You notice several pesticides for sale on
the shelves.  You find one pesticide for sale which references the WPS but does not have
all of the necessary information on the  label.

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1.
                               MODULE SEVEN
                             REVIEW QUESTIONS
Place an X by the reason(s) for having accurate documentation.

	  credible

	  desirable

	  admissible

	  compatible


Place an X by the relevant documentation.

	  conclusions

	  facts
3.
	  opinions

	  speculations


Name two reasons why documentation should be inclusive.

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4.           List five categories of information that should be recorded in a notebook.
             Place an X in the Affidavit column if the phrase applies to an affidavit.
             Place an X in the Statement column if the phrase applies to statements.

             Affidavit    Statements  Phrases

             	         	         has personal firsthand knowledge of a potential
                                      violation

             	         	         able to verify personally the facts contained in
                                      the statement

             	         	         makes an oath which serves to substantiate the
                                      truth

             	         	         has knowledge of information that a third party
                                      known by name may be able to provide

             	         	         has information whose source is not clearly
                                      known
             A photograph must be a	and	
             representation of the object or scene which it portrays.

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7.           List three types of documentation appropriate for an interview.
8.           List four types of documentation appropriate for observation.
9.           List two types of documentation appropriate for records review.
10.          List three types of documentation appropriate for sampling.

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11.          List five common mistakes made when documenting information.

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    Inspector Training Program
Worker Protection Inspection Course

      Module Eight:
      Report Writing
           Student Manual

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Worker Protection Inspection Course                                           Report Writing
                             TABLE OF CONTENTS
MODULE EIGHT:  REPORT WRITING

      Objectives	1
      Introduction	3
            Purpose	3
            Objectives	3
            How Module is Linked with Other Modules	3
      Elements of an Inspection Report  	4
            Narrative Report  	4
            Inspection Report Forms	4
            Documentation and Exhibits  	4
      Essential Characteristics of an Inspection Report	  4
            Fairness  	4
            Accuracy	5
            Completeness 	5
            Conciseness	6
            Clarity	6
            Organization	7
            Exercise  	7
      Writing a Worker Protection Inspection Report	8
            Organizing the Writing Process	8
            Developing a Narrative Report Outline	9
            Exercise  	13
            Summary	13
            References  	 14
      Review Questions  	15

      Module Eight Attachments
May 1994                                i      .          Module Eight:  Student Manual

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Worker Protection Inspection Course                                                    Report Writing
                                        OBJECTIVES

                    Given written descriptions of Worker Protection Inspections and
                    documentation, be able to write an Inspection Report that is
                    accurate, objective, and relevant

                    Given written descriptions and a Worker Protection Inspection
                    Report, be able to identify acceptable and unacceptable examples of
                    report characteristics.
March 1994                                      1                    Module Eight:  Student Manual

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Report Writing      	   Worker Protection Inspection Course
                  [THIS PAGE INTENTIONALLY LEFT BLANK]
Module Eight: Student Manual                2                               March 1W4

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Worker Protection Inspection Course                                             Report Writing
                                 INTRODUCTION
Purpose

This module will enable you to write an Inspection Report that is accurate, objective, and
relevant.  It will also enable you to identify acceptable and unacceptable characteristics of
an Inspection Report. The purpose of an Inspection Report is to present a complete
and factual account of the inspection process. An effectively prepared report saves time
for the inspector and the reviewers. If the report is not complete and factual, time may
be wasted gathering supplemental information. The report also provides a permanent
record of the results of the inspection. You may also be judged on the quality of a
report.

Reporting what happened during an inspection may seem a  burdensome chore, but your
job is not finished until the report is complete. Unless the report is prepared routinely
and in a timely fashion, it may not be used to refresh  your memory or be admissible as
evidence.
Objectives

•     Given written descriptions of Worker Protection Inspections and documentation,
      be able to write an Inspection Report that is accurate, objective, and relevant.

•     Given written descriptions and a Worker Protection Inspection Report, be able to
      identify acceptable and unacceptable examples of report characteristics.
How Module is Linked with Other Modules

Writing effective reports is influenced by the type and quality of documentation gathered
during an inspection (Module Seven).  Inadequate documentation will lead to an
inadequate report.  Efficient and effective documentation is facilitated by thorough
preparation for an inspection (Module Six).  Insufficient preparation may lead to
inefficient and ineffective documentation.
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Report Writing
Worker Protection Inspection Course
                    ELEMENTS OF AN INSPECTION REPORT
Narrative Report

The narrative report is a concise, factual summary of observations and activities,
organized in a logical, legible manner, and supported by specific references to
accompanying evidence. Specific steps for writing the narrative portion of the report will
be discussed later in the section of this module titled "Writing a W   :er Protection
Inspection Report."
Inspection Report Forms

The Inspection Report forms specific to Worker Protection are the Worker Protection
Inspection Checklists described in Module Four. The checklists are only one aspect of a
complete report and should not be considered sufficient documentation for the
inspection. The checklists function as guides to ensure that all basic data are being
  Elected.
Documentation and Exhibits

All documentary support, such as photographs, statements, sample labels, etc., should be
attached to the report. Each piece of documentation should be chronologically
numbered and referenced in the narrat  e portion of the report.
          ESSENTIAL CHARACTERISTICS OF AN INSPECTION REPORT
Fairness

An Inspection Report must be entirely objective, impartial, unbiased, and unemotional.
Avoid distortion by being aware of the emotional tone of words.  For example, compare
"planning" and "scheming."  Do not include rumors or gossip unless it is relevant to the
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Worker Protection Inspection Course                                             Report Writing


inspection and is clearly identified as hearsay. Do not mention a person's race, religion,
or political persuasion unless it is material and relevant.

An effective way of conveying facts without distortion is to put them in the words of the
witness (e.g. John Jones said, "I saw...").  Be sure to quote exactly.


Accuracy

Be exact and avoid exaggerations. Omit opinions, conclusions, and inferences.  For
example, do not state that something was obvious; just state the facts.  Report facts so
clearly that no interpretation is necessary, and do not let inferences replace facts.  Avoid
superlatives, such as "most," "best," "worst," and 'Very." Accuracy means truthfulness. An
exaggeration, opinion,  or any other inaccuracy found in the report will cast doubt on the
accuracy and objectivity of the entire report.  Ensure citations of 40 CFR regulations are
accurate.
Completeness

Include all information that is relevant and material. All known facts and details should
be reported, either in the narrative report or in an exhibit, so that no further explanation
is needed.  Include in the narrative report only those parts of exhibits that are material to
the inspection and give the reader a  complete understanding of the compliance matter
involved.  For example, if you have a statement that is five pages long, and the relevant
information is on page two, just reference page two as the exhibit.

Always report the source of evidence.  Explain how an interviewee acquired the
knowledge you are reporting, and how you obtained the information.

Submit original or duplicate copies of statements, affidavits, correspondence, and other
documents as exhibits to the narrative report. Consecutively number exhibits in the
order they are mentioned in the narrative report. If duplicates, make sure that they arc .
legible to the inspection report reviewer.

Test the report for completeness by ensuring it answers the questions who, what, when.
where, and why.

•      Who - Identify all individuals by their first, middle, and last names, as well as by .1
       brief descriptive phrase, the first time  they are mentioned in the report.

             Example:  Carlos Eduardo, a 40 year old pesticide mixer
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Report Writing                                            Worker Protection Inspection Course


 •      What - Clearly present what happened, not what could have happened, or what
       someone thought might have happened.

             Example:  became ill with...

 •      How - Clearly indicate how it happened.

             Example:  mixing three loads of Lannate

 •      When - Clearly state the order of occurrences accompanied by the date and time
       of the occurrence. It is better to put the time and date first or last in a sentence,
       not in the middle.

             Example:  was treated August 11, 1990

•      Where - Identify the location of the occurrence so clearly that no confusion or
       misinterpretation is possible.

             Example:  Casa Grande Regional Medical Center

•      Why - Present the facts bearing on intent with such clarity that there is no need
       for conclusions or opinions within the report.

             Example:  Carlos said he may have wiped the sweat off his forehead
             with a Lannate contaminated glove.


Conciseness

Avoid  all words and phrases that are elaborate or not essential, but do not omit factv
detail,  and necessary explanation. Use short sentences and brief paragraphs.  Utilt/e
tables for describing a group of items having similar characteristics.  Write plainly arxJ
use active verbs whenever possible.   Avoid repeating the same material in several
sections of the report.
Clarity

Write the report clearly to avoid misinterpretation.  Each sentence, paragraph, and
division must represent a unit of thought.
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Worker Protection Inspection Course                                             Report Writing


Avoid the use of the pronoun "it" and the word "there" as substitutes for precise word
selection.  For example, "changes have been made" instead of "there have been changes."
Use specific and concrete statements instead of general or abstract expressions.  For
example, "I saw three bags labeled Lannate in the northeast corner of the shed" instead
of, "I saw some pesticides in the shed."

Repeat a word or phrase if doing so is necessary for clarity. Remember the purpose of a
report  is to communicate clearly, not to entertain.

Punctuate to make the meaning easy to understand. For example, note the difference
between the following sentences:

       The worker said the handler is a blockhead.
       The worker said,  "The handler is a blockhead."
       "The worker," said the handler, "is a blockhead."
Organization

Structure the report to allow logical order and coherence in the presentation of facts.
Relate each event to the main idea and to the events immediately preceding it in the
report.
Emphasize important facts and events through careful selection and placement of ^
phrases, and paragraphs. Do not insert comments to give emphasis.  For example,
emphasize a sentence by indentation, or by making it a separate paragraph.  Emphasize
a paragraph by leaving margins wider than those of other paragraphs.  Emphasize
important names, words, or phrases by capitalizing or underlining them. Use these
techniques sparingly; otherwise the emphasis is lost.
                                    EXERCISE
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Report Writing                                             Worker Protection Inspection Course
            WRITING A WORKER PROTECTION INSPECTION REPORT
Organizing the Writing Process

The following are tips for developing a report. Think of the word POWER when writing
a report:  Plan, Organize, Write, Evaluate, Rewrite.
Plan

The first step in writing your report is to determine your objective.  In other words, what
is the purpose of the report?

Prepare a detailed topic outline which includes a brief reference to each supporting
exhibit. Such an outline reduces the chance of omitting necessary facts, assists in
recognizing irrelevar details, and assists in achieving a logical arrangement.
Organize

Arrange the supporting materials (field notes, checklists, statements, etc.) in the order of
the topic outline.  '." ::m this material, refine the topic outline and build the body of the
report.
Write

Refer to your office's directives and official sample reports to determine the format for
the report.  Be willing to revise the topic outl'  .: to improve structure and clarity.

Use a simple writing style. Use an active, rather than passive approach (e.g., "He said
that..." rather than "It was said...").  Keep paragraphs brief and to the point. Avoid
repetition of ideas.
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Worker Protection Inspection Course                                             Report Writing


Evaluate

Analyze the report from the perspective of the reviewer and answer the following
questions:

•      What is the report trying to communicate?

•      Has it fulfilled the purpose of the inspection?

•      Can reviewers make correct decisions based on this report?

•      Does it answer the questions who, what, when, where, why, and how?

•      Are any further inquiries necessary?

•      Is it readable?

•      Is it fair, concise, complete, accurate, and logical?

•      Is any part  ambiguous?

•      Does it provide a sound basis for legal action?

Also, proofread the report for inconsistency, repetition, inappropriate tone, omission >
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Report Writing	Worker Protection Inspection Course


Introduction

Briefly present all relevant background information about the inspection and summarize
the findings of the inspection in the introduction.
General Information

State the purpose of the inspection and why the facility is being inspected (i.e., for cause,
routine, etc.).  State the facts of the inspection, including the date, time, location, etc.

Introduce the participants in the inspection. Remember  to include the complete name
and a brief descriptive phrase about each person's role.
Summary of Findings

Give a brief, factual summary of the inspection findings.



History of Facility

Give the size of the organization based on your observation or agency records. List any
related firms, subsidi' --.QS, branches, etc.  List the type of operations performed at the
facility.  List the  narr.   and titles of facility officials interviewed, and the name(s) of the
official(s) responsible for day-to-day operations at the facility.


Inspection Activities

Present the chronology of the inspection in the same order the inspection was conducted.
Include all observations and cover the following topics. (Note: If standard operating
procedures had been followed precisely, note in the report that standard operating
procedures were followed.  You do not have to explain the details of each activity unless
an unusual circumstance or deviation from procedure occurred.)
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Worker Protection Inspection Course                                             Report Writing


Entry/Opening Conference

Describe the procedures used, and any special problems or observations.  Summarize the
topics discussed.
Records

List the types of records reviewed, noting the reasons for their review and referencing
documents that were borrowed or copied.  Describe any inadequacies in recordkeeping
procedures, or if any information was unavailable or incomplete. Also cite the Worker
Protection Standard 40 CFR regulations where appropriate.
Evidence Collection

Note and reference statements taken during the inspection. Describe and reference
photographs taken during the inspection if they were relevant to possible discrepancies.
Reference any drawings, maps, charts, or other documents made or taken during an
inspection.
Physical Samples

Describe the purpose for which any samples were obtained.  Include the exact location
from which they were obtained, the sampling techniques used, and the exact amount of
the material collected.
Closing Conference

Note and reference receipts for samples and documents given to facility officials.  Note
any recommendations, referrals, etc., made to facility officials.
Follow-up Activities

Follow-up activities will be discussed in Module Nine.  Give a description of any follow-
up activities performed and document them as you would the original inspection.
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Report Writing                                             Worker Protection Inspection Course


Attachments

Attach supporting information to the report to ensure that reviewers have all of the
necessary data to completely evaluate the compliance situation. Reference all
attachments in the body of the report.
Index of Attachments

Prepare an index of all documents, photographs, and other supporting information to be
attached to the report.
Documents

Attach copies of all documents and other evidence collected during the inspection. This
would include the checklists, statements, photographs, etc. collected during the inspection
and referenced in the narrative portion of the report. Clearly identify all documents.
Substitute descriptive information in cases where documentary support items cannot be
easily included.
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Worker Protection Inspection Course
                               Report Writing
                                    EXERCISE
                                    SUMMARY
Timely and consistent report writing is the final step of an inspection. The Inspection
Report is a complete and factual account of the inspection process.  The primary
elements of an Inspection Report are the inspection forms, the narrative report, and the
documentary support. A quality Inspection Report has several essential characteristics:
fairness, accuracy, completeness, conciseness, clarity, and organization. Keeping these
characteristics in mind will assist you in writing a quality report. Always check the final
inspection report to verify that all evidence collected is attached and has been clearly
documented.

The steps in developing an Inspection Report are easy to remember if you recall the
word POWER. The steps are Plan, Organize,  Write, Evaluate, and Rewrite. By utilizing
each of these steps, you will ensure a quality report.

Preparing an outline for the narrative report facilitates the report writing process and
helps to ensure a complete and organized final report. The primary sections of the
report include the introduction, inspection  activities, and  attachments.
March 1994
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Report Writing
               Worker Protection Inspection Course
                                  REFERENCES
U.S. Department of the Treasury, Federal Law Enforcement Training Center. (July)
       1981.  Report Writing: Student Text. Washington, D.C.

U.S. Environmental Protection Agency, Office of Enforcement and Compliance
       Monitoring.  Basic Inspector Training Course: Fundamentals of Environmental
       Compliance Inspections. Washington, D.C.
Module Eight: Student Manual
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March

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Worker Protection Inspection Course
                                Report Writing
                               REVIEW QUESTIONS
1.     Place an X next to the phrases which represent proper report writing styles.

       	   It is the management's contention...

       	   Repairing all of the damage is impossible.

       	   I saw the man...

       	   There were three cases of bottles...

       	   Storage facilities are inadequate.



2.     List the three major elements of an Inspection Report.
3.     The word POWER is an easy way to remember the steps in the writing process
      What are the steps in the process?
      O
      W
      R
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Report Writing                                              Worker Protection Inspection Course


4.     Below are the three parts of the narrative portion of a report.  List the
       components of each of these parts under the appropriate heading.

   Introduction                   Inspection Activities                 Attachments
5.      Listed below are the essential characteristics of an Inspection Report.  Give a
       brief explanation of each, as it relates to an Inspection Report, in the space
       provided.
       fairness
       accuracy
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Worker Protection Inspection Course                                                  Report Writing






       completeness       	
       conciseness
       clarity
       organization
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Module Eight
Attachments

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Attachment
Sample Report
                ARIZONA DEPARTMENT OF HEALTH SERVICES

                            Inter-Office Memorandum
TO:                                                   DATE:  November 30, 1990


THRU:


FROM:


RE:         Final Report
A surveillance report of a pesticide poisoning was received August 9, 1990, from Casa
Grande Regional Medical Center. The report concerned an illness characterized by
nausea, vomiting, diarrhea, sweating, and lacrimation for which Carlos Eduardo, a 40
year old pesticide mixer, was treated August 4, 1990.

The Arizona Commission of Agriculture and horticulture and the Industrial Commission
of Arizona were notified. Additional information on the circumstances of the incident
was received from Sylvia Banning, Industrial Hygiene Supervisor, ICA, September 24,
1990. In October, a pesticide poisoning report was received from Good Samaritan
Poison Control.

According to Sylvia, Carlos became ill with headache, sweating, vomiting, diarrhea, and
weakness the night of August 4, 1990, after mixing and loading three batches of Lannate
in Desertville, Arizona.  He was taken to Casa Grande Regional Medical Center, where
he was treated with atropine.  Carlos said that he may have wiped the sweat off his
forehead with a Lannate contaminated glove.
CF:kw

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                             Module Eight Case Study
                                  Lucky Farms
INSTRUCTIONS:   The following case study may require assumptions to be made by the
                   reader, and may not always reflect actual field experiences. Read the
                   inspection report below and underline those phrases and .sentences
                   which are not examples of good report writing characteristics.  List
                   and explain why you have selected those phrases in the space
                   provided. Use the back of the paper if additional space is needed.
Introduction

I inspected Lucky Farms on April 18, 1993, from 8:00 a.m. to 11:15 a.m.  It was a routine
Worker Protection Inspection.

Several inadequacies were found, including lack of training, improper and inadequate
PPE, and no posting of emergency care information or pesticide application information.

I interviewed Red Tom Atoe, property operator.  He was very cooperative. Lucky Farms
is a 100 acre tomato farm owned by the Luchino Family.
Inspection Activities

Standard operating procedures for entry were followed. Atoe and I discussed the
information in the Core Inspection Checklist (exhibit 1, Worker Protection Core
Inspection Checklist).

Atoe said, "We don't post no emergency information."  He also admitted that the
pesticide application information is not posted in a central location, but he tried to cover
it by emphasizing the location of the safety poster and the warning signs. He also
revealed that they do not have enough PPE, but that it was the owners fault because he
is too cheap to buy it.  Atoe does not like his boss.  I also discovered that many of the
employees were not trained.

I proceeded to find out who had received adequate training.  I found that several of the
employees had not yet received worker protection safety training.

I also verified that the PPE was inadequate.  The PPE was definitely not up to the
standard required by the law.  I have several photographs of the PPE that was available
to the workers.

Attachments

Exhibit 1 - Core Inspection Checklist

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                             Module Eight Case Study
                              Floyd's Fancy Flowers
INSTRUCTIONS:  The following case study may require assumptions to be made by the
                   reader, and may not always reflect actual field experiences. Reread
                   the case study below. As you read, recall the exercise from Module
                   Seven on documentation.  Use the documentation you would have
                   gathered for each violation to begin writing an inspection report in
                   the space provided.  The report will be evaluated on the extent to
                   which the characteristics and techniques discussed in Module Eight
                   are utilized. Use the back of the paper if additional space is
                   needed.
Your region has targeted Floyd's Fancy Flowers for a comprehensive Worker Protection
Inspection. When you arrive at the site you interview Floyd, the owner. You find that
he employs 7 workers and 2 handlers.  Two of the workers are Hispanic and speak
minimal English. During the interview you discover that Floyd trains the workers and
handlers some time during the first month they begin working. The training he provides
is approximately an hour and a half in length.  Upon further inquiry you find Floyd is not
qualified to conduct Worker Protection Training. You also find that Floyd is not
bilingual.  Floyd tells  you that the pesticide he uses is applied as a mist. Upon examining
the pesticide, you note that there is no inhalation exposure level listed on the label, and
that the skull and crossbones symbol was on the front panel of the container.

After the interview, you walk to the greenhouse.  On the way, you notice a
decontamination site  which meets the WPS requirements. Upon entering the greenhouse
through the only entrance, you notice a pesticide safety poster, and a poster with the
emergency information at the entrance. The poster is the EPA approved poster and is
legible. As you examine the greenhouse you notice there are no devices for ventilation.

You ask Floyd if you may interview some of the workers. He quickly gives his approval
and returns to his office. While interviewing one of the workers you discover that he had
been exposed to pesticides at one point and became ill.  He said it was an accident and
that he is fine now because Floyd immediately rushed him to the emergency room.
Through a few more  questions you discover that Floyd forgot to  take the pesticide's label
with him to the emergency room. He knew the pesticides name and the active
ingredient, but he could not remember the EPA registration number, the antidote, or the
first aid information.

During an interview with another worker, you find that they work from 7:00 a.m. to 4:00
p.m. every day. This  worker pointed out that when Floyd is going to spray pesticides, he
posts the warning posters 24 hours in advance. On the days after the pesticide is
sprayed, they only work two or  three hours in the greenhouse and they must wear gloves
and an apron on those days.

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During an interview with one of the handlers, she said that she applies pesticides in the
evening - after the rest of the workers go home for the day.  It generally takes 2-3 hours
to complete the application. After she finishes the application, she locks up the
greenhouse, properly cleans herself and her PPE, and goes home.  You also find that
Floyd provides all of the necessary Personal Protective Equipment for the handlers.

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    Inspector Training Program
Worker Protection Inspection Course

      Module Nine:
Follow-Up Investigations
           Student Manual

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Worker Protection Inspection Course                                    Follow-Up Investigations
                             TABLE OF CONTENTS
MODULE NINE:  FOLLOW-UP INVESTIGATIONS

      Objective	1
      Introduction	1	3
            Purpose	3
            Objective	3
            How Module is Linked with Other Modules	3
      Follow-Up to Potential WPS Violations  	3
            Follow-Up to a Previous Inspection	4
            Follow-Up on a Tip or Complaint	4
            Follow-Up on a Referral	4
      Role of the Inspector	5
      Major Types of Follow-Up Investigations	5
            Pre-Inspection Activities	5
            Conducting Follow-Up Investigations
            at Registrant/Producer Establishments	6
            Conducting Follow-Up Investigations
            at Marketplace/Dealer Establishments	6
      Exercise	7
            Conducting Follow-Up Investigations
            at Use Establishments	7
      Exercise	7
            Follow-Up Investigation Report	   7
            Summary	   8
      References	9
      Review  Questions	  10

      Module Nine Attachments
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Worker Protection Inspection Course                                           Follow-Up Investigations
                                         OBJECTIVE

                    Given written descriptions of reported or suspected violations of the
                    WPS, be able to plan a strategy to substantiate and document alleged
                    noncompliance activities within the required time frame for Follow-
                    Up Investigations.
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Follow-Up Investigations                                    Worker Protection Inspection Course
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Worker Protection Inspection Course
      Follow-Up Investigations
                                INTRODUCTION
Purpose

Follow-Up Investigations are conducted in response to reported or suspected violations
of the Worker Protection Standard (WPS). The primary objective of a Follow-Up
Investigation is to develop the necessary evidence to support any enforcement action that
may be taken as the result of noncompliance.  The purpose of this module is to provide
some general guidance on how to plan and conduct Follow-Up Investigations.
Objective

•     Given written descriptions of reported or suspected violations of the WPS, be able
      to plan a strategy to substantiate and document alleged noncompliance activities
      within the required time frame for Follow-Up Investigations.
How Module is Linked with Other Modules

In Module Four, the different types of WPS inspections conducted were discussed. In
later modules, we covered preparing for inspections, collecting samples, documenting
findings, and also, preparing reports.  In most of these cases, we focused on conducting
neutral inspections.  In this module, we will address "for cause" inspections which are also
known as "Follow-Up Investigations." These inspections are conducted when a violation
is reported or suspected.
                          FOLLOW-UP TO POTENTIAL
                               WPS VIOLATIONS .
The ultimate purpose of a Follow-Up Investigation is to substantiate and document
alleged violations of the WPS and/or the applicable State statute. Such investigations are
usually conducted as "for cause" inspections in response to reported or suspected
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Follow-Up Investigations                                     Worker Protection Inspection Course


incidents to develop the necessary evidence to support any enforcement action that may
be taken as a result of an apparent WPS violation.  There are several situations in which
a Follow-Up Investigation might be necessary.  Follow-Up Investigations may be
conducted in response to:

•      a previous inspection where a violation was suspected
•      a tip or complaint
•      a referral
Follow-Up to a Previous Inspection

A Follow-Up Investigation may be required after an inspection if more evidence is
needed to substantiate and document the suspected violation.  In some cases, you will
need to return to the inspection site.  However, if the suspected  violation is not the direct
fault of the entity inspected, you may need to go to another site  in order to collect the
supporting evidence.  For example, if an apparent misbranding violation was discovered
during a marketplace inspection, action would not necessarily be taken against the
marketplace establishment.  Rather, the chain-of-record of the misbranded product
would be traced to find the entity ultimately responsible for the violation (e.g., possibly
the registrant or producer). Once it has been determined that a Follow-Up Investigation
should be conducted, it should be initiated  as soon as possible.
Follow-Up on a Tip or Complaint

Follow-Up Investigations may also be initiated based on a tip or complaint received from
the public. If a tip or complaint is received by EPA Headquarters, the Region, or the
State, the person receiving the tip or complaint should attempt to obtain as much
information as possible about the alleged violation (e.g., name of the facility, location,
nature of the violation, etc.).  After the information has been documented, the tip or
complaint is forwarded to the person responsible for enforcement actions or inspections..
Then, if warranted, the tip or complaint is given to an inspector for follow-up.
Follow-Up on a Referral

Finally, referrals from other Federal or State inspectors may result in Follow-Up
Investigations. For example, an inspector from the Food and Drug Administration
(FDA) or the Occupational Safety and Health Administration (OSHA) may identify a
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Worker Protection Inspection Course
      Follow-Up Investigations
potential WPS violation which would then be forwarded to the EPA or the appropriate
State agency for follow-up.
                           ROLE OF THE INSPECTOR
Conducting a Follow-Up Investigation is very similar to conducting a neutrally-selected
WPS inspection. Entry procedures are  identical, as are the procedures for sampling and
records review. You must issue a Notice of Inspection with the specific cause listed.  The
primary difference is that the Follow-Up Investigations are more focused because you
must target specific records or products to establish evidence of the suspected violation.
Such investigations tend to be more complex than routine inspections, because you may
be required to visit a number of sites, interview various persons, and/or collect a number
of samples.
                                MAJOR TYPES OF
                         FOLLOW-UP INVESTIGATIONS
Follow-Up Investigations may be conducted wherever affected pesticide products arc
produced, sold, distributed, or used. These sites include:

•     Registrant/Producer Establishments
•     Marketplace/Dealer Establishments
•     Use Establishments
Pre-Inspection Activities

Like routine inspections, you should complete pre-inspection activities prior to the
Follow-Up Investigation.  For example, you should review background information.
including general facility information, prior enforcement data or old inspection reports
reports prepared by the facility, existing permits, and permit applications. You should
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FO//OH   • Investigations                                      Worker Protection Inspection Course


also develop an Inspection Plan (Reference Module Six: Preparation for Inspections).
Prior to the investigation, you should develop a focused action plan, including interview
questions.  Specifically, you should determine:

•      inspection scope
•      specific questions to be answered
•      inspection activities (observation, records, interviews, samples)
•      sampling plan
•      safety plan

Upon   rrival, present your credentials; and issue the appropriate written inspection
notici  .1 each facility or location where you conduct interviews or collect samples. A
Notice of Inspection is used where ;  'ticides are held for distribution or sale.
Conducting Follow-Up Investigations at Registrant/Producer Establishments

Often, Follow-Up Investigations will lead to the producer or registrant of the pesticide.
These establishments are usually responsible for labeling and packaging the  product. For
example, if during a routine marketplace inspection, a misbranded product is found (e.g.,
incorrect WPS statements on the labeling), you may have to visit several sites before
determining who is ultimately responsible for the violation. You may issue a Stop S;ilc.
Use, or Removal Order depending on the violation. You must identify who
manufactured, formulated, or distributed the product to determine who  is  responsible.
By inspecting shipping/transport records at the marketplace establishment, you can
determine who the distributor is and conduct a follow-up inspection. If  you  determine
that the distributor is not the responsible party, you must identify where the  product *as
manufactured/formulated, and conduct an inspection at that establishment.
Conducting Follow-Up Investigations at Marketplace/Dealer Establishments

Follow-Up Investigations could be conducted at such establishments to determine the
extent and frequency of the violation.  For instance, if the violative product was
discovered at Store X, you might want to also inspect Stores Y and Z to make a
determination on the extent and.frequency.

You may also want to inspect dealer sites to determine if they are responsible for the
violation. Dealers and distributors will sometimes repackage or dilute the pesticide
product; making the dealer or distributor responsible for the violation.
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Worker Protection Inspection Course
      Follow-Up Investigations
                                    EXERCISE
Conducting Follow-Up Investigations at Use Establishments

Use establishments, including farms, forests, greenhouses, and nurseries are also possible
sites for conducting Follow-Up Investigations. For example, you may need to conduct
Follow-Up Investigations if a violation is suspected during a routine WPS inspection, and
time does not permit you to collect adequate supporting evidence. In these cases, you
might return  to the use establishment to collect additional samples, review records, or to
obtain statements from workers and/or handlers.
                                    EXERCISE
Follow-Up Investigation Report

After you have conducted a Follow-Up Investigation, you are responsible for preparing
an investigation report and submitting it as soon as possible. The content of this report
should be the same as that of the normal inspection report, except that a detailed
discussion of the follow-up (i.e., why the investigation was conducted) is included.
Remember, the report should be limited to factual information.
March 1994
Module Nine: Student Manual

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Follow-Up Investigations
Worker Protection Inspection Course
                                     SUMMARY
This module has introduced the purpose and procedures for Follow-Up Investigations.
This is an important activity for identifying current and preventing future WPS violations.
In summary, Follow-Up Investigations are conducted in response to reported or
suspected violations of the WPS. The primary objective of Follow-Up Investigations is to
develop the necessary evidence to support any enforcement action that may be taken as
the result of noncompliance. Although, conducting a Follow-Up Investigation is very
similar to conducting a neutrally-selected WPS inspection, Follow-Up Investigations are
more focused because you must target specific records or products to establish evidence
of the suspected violation.
Module Nine: Student Manual
                  March

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Worker Protection Inspection Course
      Follow-Up Investigations
                                   REFERENCES
U.S. Environmental Protection Agency. (January) 1989.  Pesticides Inspection Manual.
       Washington, DC.

U.S. Environmental Protection Agency. Worker Protection Inspection Guidance.
       Washington, DC.
March 1994
Module Nine: Student Manual

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Follow-Up .   • citations
               Worker Pro;.. r.on Inspection Course
                               REVIEW QUESTIONS
1.     What is the ultimate purpose of a Follow-Up Investigation?
2.     What are three reas~ns for conducting Follow-Up Investigations?
3.      How does the role of the inspector during a Follow-Up Investigation differ t;  •-
       his/her role during a routine inspection?
4.      Name three places a Follow-Up Investigation may be conducted.
Module Nine: Student Manual
10
Manh ;

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Worker Protection Inspection Course	Follow-Up Investigations


5.     Give two possible examples of potential violations for which a Follow-Up
       Investigation might be warranted.
March 1994                                  11                  Module Nine: Student Manual

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Module Nine
Attachments

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                             Module Nine Case Study
                       The Case of the Misbranded Pesticide
INSTRUCTIONS:   The following case study may require assumptions to be made by the
                   reader, and may not always reflect actual field experiences. Read the
                   case study below. Develop a strategy for obtaining evidence to
                   substantiate and document an alleged violation.  Be sure to include
                   pre-inspection activities as part of your plan.
During a routine inspection at Watty's Hardware and Garden Supplies, you discover
several containers of XYZ Insecticide being held for sale that have been misbranded.
The product labels contain the WPS reference statement; however, the Spanish warning
statements are missing. Many of the workers and handlers in this area speak only
Spanish or very little English.  When you questioned Walty, the store owner and
manager, he explained that when he receives the insecticide, the labels are already on the
products. He said that he orders the insecticide from the producer, XYZ, Inc.

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                             Module Nine Case Study
               Complaint Reported at Gary's Greenhouse and Nursery
INSTRUCTIONS:   The following case study may require assumptions to be made by the
                   reader, and may not always reflect actual field experiences.  Read
                   the case study below. Develop a strategy for obtaining evidence to
                   substantiate and document an alleged violation.  Be sure to include
                   pre-inspection activities as part of your plan.
Earlier this week, your office received a complaint from John Thompson who works as a
pesticide handler at Gary's Greenhouse and Nursery. In John's letter, he indicated that
he had missed three days of work in the last two months due to pesticide related illness.
He suspects that the personal protective equipment that is provided to the handlers was
not properly cleaned.

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                              Module Nine Case Study
                             Routine Use Investigation
INSTRUCTIONS:  The following case study may require assumptions to be made by the
                   reader, and may not always reflect actual field experiences. Read the
                   case study below. Develop a strategy for obtaining evidence to
                   substantiate and document an alleged violation.  Be sure to include
                   pre-inspection activities as part of your plan.
During a routine inspection, the supervisor of the workers at Frank & Sons Farm
indicated that the safety poster is not always posted in a central location at the farm. He
explained that recently one of the workers became ill while on the job, and the safety
poster was not posted at a central location.  The supervisor added, "Fortunately, I knew
the location of the nearest medical facility."  After finishing the interview, you intended to
check the safety poster;  however, you ran out of time and were not able to verify
whether or not a safety poster that met all EPA requirements was posted in a central
location.  This could be  a violation of the WPS.

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   Inspector Training Program
Worker Protection Inspection Course

       Module Ten:
 Compliance Assistance
          Student Manual

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Worker Protection Inspection Course                              Compliance Assistance
                            TABLE OF CONTENTS
MODULE TEN: COMPLIANCE ASSISTANCE

      Objective	1
      Introduction	3
      Inspector's Role in Compliance Assistance	3
      The Outreach Package For Worker Protection	4
      Compliance Assistance vs. Enforcement Activities	5
            Effects of Phased-In Implementation	6
            Opportunities for Compliance Assistance	6
      Compliance Assistance With Other Programs	6
            Information Sources  	7
      Module Ten Attachments

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Compliance Assistance
                                      Worker Protection Inspection Course

To define compliance assistance and its



To discijsstxjmpliance assistance outrea



TO describe the impector'sro^



To differentiate b^rv^encx)mpU



To discuss opportunities for compliance



To describe compliance assistance
                                                            eiifbn»ment activities

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Compliance Assistance                	'_        Worker Protection Inspection Course
                         THIS PAGE INTENTIONALLY BLANK

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Worker Protection Inspection Course                               Compliance Assistance
                          COMPLIANCE ASSISTANCE

Compliance  assistance by  inspectors  is  a part of  EPA's  approach  to  help bring
establishments into compliance with the applicable Statutory and/or regulatory requirements.
Compliance  assistance involves the  EPA or State inspector providing information (i.e.,
brochures, fact sheets, questions and answers documents, as well as objective verbal answers
to questions) or contacts for obtaining information to the responsible person.

Compliance  assistance will be  an integral  part of Worker Protection Standard (WPS)
programs since the standard is currently being phased in (see Table 1).  Inspectors can use
the opportunity during inspections, and other outreach activities to convey information and
answer questions that will inform responsible persons at the establishments of the specific
requirements of the WPS  and how they can comply.
1.    THE INSPECTOR'S ROLE IN COMPLIANCE ASSISTANCE

An inspector is often the only contact between EPA and the regulated community.  Because
of this relationship, it is important for the inspector to recognize the opportunities present
to maintain and improve relations with the regulated community. One way of maintaining
and improving such relations is to provide responsible persons with information that will
assist future compliance efforts.  The inspector will be able to provide such assistance
because s/he will have first-hand knowledge of the site and the specific practices that occur
there. This familiarity with the practices, as well as with the responsible persons, puts the
inspector in a good position to provide sources of information that may be of assistance.
2.    OUTREACH MATERIALS FOR WORKER PROTECTION

To facilitate compliance assistance efforts, an inspector should distribute outreach materials
to the responsible person at the  establishment.  Ideally, a package containing outreach
materials would include up-to-date, relevant information on the Worker Protection Standard
and would supply this individual with detailed information on all (or at least most) provisions
of the standard.  The outreach package EPA recommends that inspectors handout should
contain the following documents.

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Compliance Assistance
Worker Protection Inspection Course
                       OUTREACH PACKAGE MATERIALS
           Fact Sheets, such as:

              • Overview
              • Implementation
              • WPS Accelerated Provisions (until April, 1993)
              • Guidance for Owners and Immediate Families
           PR Notices
           Worker Safety Training Handbook
           Handler Safety Training Handbook
           Safety Poster
           PPE Pamphlets
          Warning Poster
           How To Comply Manual
By using the package, the inspector can provide oral information, as well as have something
to leave at the establishment, which could be used for future  reference and compliance
efforts.  As mentioned, this package should contain documents that describe the various
components of the WPS and offer ideas for complying.

In addition to these outreach materials, the package may also contain a bibliography of other
related reference materials, such as articles, technical guidance, and documents from other
Agencies,  such as OSHA and USDA.   A good  way for the inspector to find out how
knowledgeable the employer is regarding the Worker Protection Standard is through the use
of EPA's Worker Protection Core Inspection Checklist.

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Worker Protection Inspection Course                               Compliance Assistance

3.    COMPLIANCE ASSISTANCE vs. ENFORCEMENT ACTIVITIES

While on site, the inspector must remember that her/his primary function is to gather
evidence by which to determine compliance with the WPS. Even though the ultimate goal
is compliance, the  inspector should use caution not to compromise her/his enforcement
presence by identifying potential violations and telling the responsible person they are in
direct violation of the standard. For example, an inspector may notice that there are no
decontamination supplies (e.g., eye flush, wash basin) on site.  The inspector should not say
"You don't have any decontamination facilities.  That's a direct violation of the WPS."
Instead, the inspector may want to say "I don't see any decontamination facilities.  Do you
have any on site?" or "I don't see any decontamination facilities. HI provide you with some
information on them before I leave." The inspector must still record that the establishment
does not have the required supplies (which may, in fact, lead to enforcement action), but by
providing this type  of feedback, the inspector is making the responsible party aware of a
potential deficiency. This in no way compromises EPA's or the State's enforcement capacity
or jeopardizes future enforcement actions.  It does, however, promote compliance by giving
this individual the information they need in order to rectify the situation.  For this reason,
while conducting a routine pesticide inspection, the inspector can also use this opportunity
to inform  this person  with information  on all of the Worker Protection Standard
requirements that may affect them.


Effects of Phased-In Implementation

Implementation of various components of the WPS  has been staggered to allow affected
parties time to develop and implement their programs. For example, revised labeling with
the WPS-required statements is not required on products that are sold or distributed by
registrants until after April 21, 1994. Generic WPS requirements, such as decontamination
supplies or training for workers and handlers,  are not required until April 15, 1994, or until
the product label specifically requires  it.   In situations where requirements are  not  yet
enforceable, the inspector may point them out and tell the site representatives the dates and
circumstances under  they will be required. Additionally,  the  inspector can refer  the site
representatives to the outreach package for more information on the upcoming requirement.

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Compliance Assistance
Worker Protection Inspection Course
OoDortunities for Compliance Assistance
Compliance assistance can occur at any point before, during, or after the inspection.  It can
also occur during separate outreach visits to the site, such as in  situations where the
inspector does not intend to use a notice of inspection form. At the opening conference
during an inspection, however, the inspector can notify site representatives that s/he is open
and available to answer any questions concerning the standard and compliance with it. The
opening conference may also be the appropriate time to present the responsible person with
an outreach package containing information on the WPS. By giving it to them up front, the
inspector may refer to  the materials during the actual inspection or during  the closing
conference. The inspector may also be able to provide assistance while doing the inspection.
Since s/he will be touring the establishment and becoming acquainted with its  operations,
s/he may be able to provide information on the spot with respect to the area or item being
inspected.

Inspector can also use the closing conference as a forum to answer questions and/or convey
information that will move the site toward achieving or improving compliance. The closing
conference is an opportunity for a two-way exchange of information.  The inspector should
be prepared to answer any questions and to address any concerns the responsible person
may have, and to  clarify any confusing issues. However, the inspector should be careful to
answer only those questions that are within her/his ability, knowledge, or authority and to
answer these questions objectively. If the inspector has any doubt as to the correct answer,
questions posed by site personnel should be directed to the responsible EPA Regional or
State  official.  Another recommended place to provide compliance assistance is during
grower group meetings.
4.    COMPLIANCE ASSISTANCE WITH OTHER PROGRAMS
There are several general outreach activities an inspector can conduct while on site that are
not necessarily related to the WPS.  The majority of establishments are open to such
activities and realize the inspector can provide them with useful information or even answer
basic  questions.  Usually, the outreach materials  are general in nature and provide
information on a variety of subjects. Typical outreach activities may include:

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Worker Protection Inspection Course                               Compliance Assistance

      •      Providing information on other EPA or State programs
      •      Answering general questions and giving appropriate resource information
      •      Promoting EPA and/or State initiatives.

Such information may  include overviews of statutes and applicable regulations, hotline
numbers, or other general documents. The inspector may also leave EPA listings of the
names and telephone numbers of contacts in other media programs (i.e., air, water).
on areas that are within her/his ability or authority.  Unresolved issues should be referred
to other qualified EPA or State personnel as needed.

Depending on when and where the inspection is conducted, any number of specific EPA or
State initiatives may be underway. Examples of such initiatives could include endangered
species or groundwater.  Any brochures, publications, or other materials that address topics
of concern  should be made available to the establishment.
These materials  can then be provided to establishment officials  along with names and
telephone numbers  of EPA or State  personnel responsible for the appropriate program
areas.
Information Sources
An inspector has a broad selection of information sources available from which to obtain
outreach/educational materials. These sources include:

      •     EPA Headquarters and Regional Offices. Fact Sheets and other outreach
            materials are produced by the Office of Pesticide Programs,  as well as by
            Regions  and other Headquarters program offices.

      •     State Agencies.  Most States produce a variety of outreach/educational
            materials specific to activities within the State. The inspector should check
            with  the appropriate  State program offices to  identify and obtain such
            information.

      •     Other Training/Informational  Materials.  Other  EPA  and State Agency
            Worker   Protection  documents   such   as   those    listed   in   the
            Training/Informational Materials bibliography found as Attachment 1.

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Worker Protection Standard Enforcement Training                   Training/Information Materials


                                 ATTACHMENT 1

NOTE:  This is not a comprehensive list, and is provided for the inspector's reference
purposes.

                            BROCHURES/PAMPHLETS

Agricultural Workers' Health Centers, Incorporated. PesticideslPesticidas (English, Spanish).
230 North California Street, PO Box 779, Stockton CA 95201, (209) 948-5410, 1985. Fifty
cents each.

Agricultural Workers' Health Centers, Incorporated.  Pesticides &  Your Health: A Series
Focusing on Eight Common California Crops/Las Pesticidas y Su Salud:   Una Serie Que
Enfoca en Ocho Cosechas Corrientes en California (English, Spanish). 230 North California
Street, PO Box 779, Stockton CA 95201, (209) 948-5410.  Fifteen cents each.

Agricultural Workers' Health Centers, Incorporated. Protecting You and Your Unborn Baby
in the FieldslComo Protegerse a Si Misma y a Su Bebe de Materiales Toxicos (English,
Spanish).  230 North California Street, PO Box 779, Stockton CA  95201, (209)  948-5410,
1985.  Seventy-five cents  each.

California Institute for Rural Studies.  Pesticides:  A Guide for Farmworker Agencies.  433
Russell Blvd, Davis CA 95616, (916) 756-6555, $14 -I- 6% State Tax, 1983.

California Rural Legal Assistance Foundation.  Comic Campesino: La Amenaza De Los
Pesticidas. Sacramento  CA, (916)  446-1416, 1984,

Californians for Alternatives to Toxics. Pesticide Exposures:  Symptoms,  First Aid, Legal
Aspects, Laboratories, and Resources.  PO Box 602, Trinidad CA 95570, (707) 822-8497, $1
each or $6 for 10 copies, 1988.

Farm  Employers Labor  Service.   Agricultural Safety GuideIGuia  de Seguridad Agricola
(English, Spanish).  1601 Exposition Blvd. FB-7, Sacramento CA 95815-5103, (916) 924-4124,
$1.75 each, 1985.

Iowa State University.  What to Do When  Clothes are Soiled with Pesticides.  Publications
Distribution, 112 Printing and Publications Building, Ames IA 50011, (515) 294-5247, One
free then twenty-five cents each, 1988.
                                                                              -, 1993

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Worker Protrrttoff Standard Enforcement Training                   Training/Information Materials
                      BROCHURES/PAMPHLETS (Continued)
Maricopa County Organizing Project. Cuidado! (English, Spanish) 701 North 1st Street,
Suite 104, Phoenix AZ, (602) 257-8155.

Maricopa County Organizing Project. !OJO! New Law-New Protections/Nueva LeyAprobaba-
Neuva Protecciones. (English, Spanish) 701 North 1st Street, Suite 104, Phoenix AZ, (602)
257-8155.

National Agricultural Chemical Association. Farm Chemical Safety Is In Your Hands.  1155
15th Street NW, Washington DC 20005, (202) 296-1585.

North Dakota State University.  Pesticides.  Agricultural Communications, Bulletin Room,
Morril Hall, Fargo ND 58105, (701) 237-7883, Ten  cents, 1987.

North Dakota State University.  Protective Clothing for Handling Pesticides.  Agricultural
Communications, Bulletin Room, Morril Hall, Fargo ND 58105, (701) 237-7883, Ten cents,
1983.

North Dakota State University.  Protect Your Family •  Tips for Laundering Pesticide
Contaminated Clothing. Agricultural Communications, Bulletin Room, Morril  Hall, Fargo
ND 58105, (701) 237-7883, Ten cents, 1983.

Penn State  University. Agricultural Fact Sheets.   Publications Distribution  Center,  112
Agricultural Administration Building, University. Park PA 16802, (814) 865-6713, First free
then ten cents each.

Penn State  University.  Using Pesticides  Safely.   Publications  Distribution  Center,  112
Agricultural Administration Building, University Park PA 16802, (814) 865-6713. First free
then forty-five cents each, 1983.

Oklahoma State University.  First Aid for Pesticide Poisoning.   Central mailing Services,
Stillwater OK 74078-0550,  (405) 624-5531, Order #F7453, One free then ten cents each,
1984.
                                                                              , 1993

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Worker Protection Standard Enforcement Training                   Trauung/Infbrmatioa Materials
                      BROCHURES/PAMPHLETS (Continued)
Rural Opportunities, Incorporated. Pesticides Are Dangerous/Las Pesticidas Son Peligrosas
(English, Spanish, Haitian Creole; Pamphlet, poster, video).  339 East Avenue, Suite 305,
Rochester NY 14604, (716) 546-7180.

State of Arkansas. Prevention and Treatment of Pesticide Poisoning.  Cooperative Extension
Service, County Extension Building, 1009 Liberty Drive, Dewitt AK 72042, (501) 946-3231,
free.

State of Arkansas. Safe Handling of Agricultural Pesticides.  Cooperative Extension Service,
County Extension Building, 1009 Liberty Drive, Dewitt AK 72042, (501) 946-3231.

State of California.  Pesticide Worker Safety Guide/Guia de  Seguridad Para las Personas que
Trabajan con  Pesticidas (English, Spanish).  Cooperative  Extension  Service. Agricultural
Building, County Civic Center, Visalia CA 93291.

State of California.  Su Salud y Embarazo: Pesticidas y Herbicidas; Sintomas de Exposition
y Primeros Auxillos; Su Salud Antes y Durante su Embarazo (Spanish). North County Health
Services, 348 Rancheros  Drive, San Marcos CA 92069, (619) 471-2100, 1987. Ten cents
each.

State of Indiana. Pesticides:   How They Work, Personal Safety and Emergence Measures.
Agricultural Communication Services, Media Distribution Center, 201 South Second Street,
Lafayette IN 47905-1097, (317) 494-6794, $1 each,  1986.

State of Mississippi.   Names, Manufacturers, and  Toxicities of Pesticides.    ('imperative
Extension Service - Pesticide Coordinator, Mississippi State  University, Mississippi Si.ue MS
39762, Order #1219, free, 1987. .

State of Missouri. Personal Protective Equipment for Working with Pesticides.  I niM-rsity of
Missouri -Columbia Extension, 205 Ag Engineering, Columbia MO 65211, (314 i vO-2731,
1986.
                                                                               . 1993

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Worker Protection Standard Enforcement Training                   Training/Information Materials
                      BROCHURES/PAMPHLETS (Continued)
State of Missouri.  Fires  in Agricultural Chemicals.  University  of Missouri - Columbia
Extension, 205 Ag Engineering, Columbia MO 65211, (314) 882-2731, 1983.

State of Missouri.  First Aid for Pesticide Poisoning.  University of Missouri - Columbia
Extension, 205 Ag Engineering, Columbia MO 65211, (314) 882-2731, 1986.

State of Montana. Cold Weather Storage and Handling of Liquid Pesticides.  Montana State
University, Extension Services, Bozeman MT 59717, (406) 994-3273, 1987.

State of Montana. First Aid for Pesticide Poisoning.  Montana State University, Extension
Services, Bozeman MT 59717, (406) 994-3273.

State of Montana. Recognizing Pesticide Poisoning.  Montana State University, Extension
Services, Bozeman MT 59717, (406) 994-3273, free, 1984.

State of Montana. The Safe Handling of Pesticides.  Montana State University, Extension
Services, Bozeman MT 59717, (406) 994-3273, 1984.

State of New Jersey.  Hazardous Substance Fact Sheets on Individual Pesticides.  Right to
Know Program,  NJ Department of Health  - CN 368, Trenton NJ 08625, (609) 984-2202,
twenty-five cents each per ten sheets, 1985.

State of New Jersey.  Pesticides in Agriculture IPesticidas en la Agricultura (English, Spanish).
 Department of Environmental Protection-Pesticide Control, 380 Scotch Road, Trenion NJ
08625, (609) 530-4133, 1987.
State of North Dakota. Persistence and Mobility of Pesticides in Soil and Water.  Agricultural
Communications, Morrill Hall, Fargo ND 58105, (701) 237-7882, #49, first free then ten
cents each for more than ten, 1988.

State of Rhode Island.  Pesticides.  Department of Environmental Management, Division of
Agriculture, 22 Hayes Street, providence RI 02908, 1986.
                                                                              , 1993

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Worker Protection Standard Enforcement Training                  Training/Information Materials
                      BROCHURES/PAMPHLETS (Continued)
State of Texas.  Crop Sheets/Hoja Sobre la Cosecha (English, Spanish).   Right to Know
Program, PO Box 12847, Austin TX 78711.

University of California.  Basic Information for Farmworkers About the Use of Agricultural
Pesticides/Informacion Basica Para el Trabajador del Campo sobre el Uso de los Pesticidas
Agricolas (CA) California Division of Agriculture & Natural Resources, 6701 San Pablo
Avenue, Oakland CA 94608-1239, Order code #21216, 1981.

University of  California.  El Angel de  la Muerte.  Department of Applied Behavioral
Sciences, (916) 752-3008, 1984.

University of California. Health and Safety Issues Commonly Faced by Farmworkers: Answers
to 67 Most Frequently Asked Questions. Labor Occupational Health Program, 2521 Channing
Way, Berkeley CA 94720, (415) 642-5507, $5.00 includes postage,  1983.

University of California.  Using Pesticides Safely in the Home and Garden/El Seguro de los
pesticidas en la Casy y el Jardin  (English, Spanish)  California Division of Agriculture &
Natural Resources, 6701 San Pablo Avenue, Oakland CA 94608-1239, Order code #21095
(English) #21214 (Spanish), 1981.

University of Idaho. First Aid for Pesticide Poisoning. Ag Publications Building, Building J40,
Idaho Street, Moscow ID 83843, (208) 885-8982, Order #PNW-278, Fifty cents each, 1985.

University of Idaho. Laundering Pesticide Contaminated Clothing.  Ag Publications Building,
Building J40, Idaho Street, Moscow ID 83843, (208) 885-8982, Order #CIS-781, Twenty-five
cents each, 1984.

University of Massachusetts. Cholinesterase Testing Information.  Bulletin Center, Thatcher
Way Cottage A, Amherst MA  01003, (415) 545-2717, Order #L-238R,  1985.

University of Massachusetts. Information for Firefighters on Pesticide Fires.  Bulletin Center,
Thatcher Way Cottage A, Amherst MA  01003, (415) 545-2717, Order #L-244, 1986.
                                                                           her, 1993

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Worker Protection Standard Enforcement Training                   Training/Information Materials
                      BROCHURES/PAMPHLETS (Continued)
University of Massachusetts. Pesticide Profiles. Bulletin Center, Thatcher Way Cottage A,
Amherst MA 01003, (415) 545-2717, Order #L-286, 1984.

University  of Nebraska.   Laundering Pesticide Contaminated  Clothing.    Agricultural
Communications, 105 Agricultural Communications Building, Lincoln NE 69593-0918, (402)
472-3023, Order #HG81-152, Five cents each, 1984.

University of Nebraska. Pesticide Laws and Regulations. Agricultural Communications, 105
Agricultural Communications Building, Lincoln NE 69593-0918, (402) 472-3023, Five cents
each, 1987.

University  of Nebraska.   Protective  Clothing and  Equipment for Pesticide Applicators.
Agricultural Communications, 105 Agricultural Communications Building, Lincoln NE 69593-
0918, (402) 472-3023, Order #G85-758, Five cents each, 1985.

University  of Nebraska.   Signs and  Symptoms of Pesticide Poisoning.    Agricultural
Communications, 105 Agricultural Communications Building, Lincoln NE 69593-0918, (402)
472-3023, Five cents each, 1984.

University of Minnesota.  Washing Clothes Worn While Applying Pesticides.   Minnesota
Extension Service, Distribution Center, 1420 Eckles Avenue, 3 Coffey Hall, Saint Paul NM
55108-1030, (612) 625-8173, Order #HG-IS-7312, 1988.

US Department of Agriculture and US Environmental  Protection Agency.   Personal
Protective Equipment Guide:    Choosing  Chemical-Resistant  PPE.   Washington DC:
USDA/EPA, Fall 1991.

US Department of Agriculture and US Environmental  Protection Agency.   Personal
Protective Equipment Guide:   Clothing Layers for Added Protection.  Washington DC:
USDA/EPA, Fall 1991.

US Department of Agriculture and US Environmental  Protection Agency.   Personal
Protective Equipment Guide:  Coveralls, Gloves, and Other Skill Protection. Washington DC:
USDA/EPA, Fall 1991.
                                                                            , 1993

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Worker Protection Standard Enforcement Training                   Training/Information Materials
                      BROCHURES/PAMPHLETS (Continued)
US Department  of  Agriculture and US Environmental Protection  Agency.  Personal
Protective Equipment Guide: Inspecting, Maintaining, and Replacing PPE.  Washington DC:
USDA/EPA, Fall 1991.

US Department  of  Agriculture and US Environmental Protection  Agency.  Personal
Protective Equipment Guide: Protective Eyewear. Washington DC:  USDA/EPA, Fall 1991.

US Department  of  Agriculture and US Environmental Protection  Agency.  Personal
Protective Equipment Guide:  Respirators.  Washington DC:  USDA/EPA, Fall  1991.

US Department of Agriculture and US Environmental Protection Agency.  Protection for
Pesticide Handlers:  Protect  Yourself; Brush Up on  Covering  Up.   Washington  DC:
USDA/EPA, Fall 1991.

US Environmental Protection Agency. Farmers - Know Your Responsibility Under the Federal
Pesticide Laws.  Office of Public Affairs, 401 M Street SW, Washington CD  20460.

US Environmental Protection Agency.  Pesticide Safety for Farmworkers IUso Seguro de
Pesticidaspara los Trabajadores del Campo (English, Spanish). Occupational Safety Branch,
401 M Street SW, Washington DC 20460, (703) 308-7666, 1985.

US Environmental Protection Agency. Pesticide Safety for Non-certified Mixers, Loaders, and
ApplicatorslSeguridad Con los Pesticidas para Mezcladores,  Cargardores, y Aplicadores no
Certificador (English,  Spanish).  Occupational Safety  Branch, Office of Pesticide Programs,
401 M Street SW, Washington DC 20460, (703) 308-7666, 1986.

US Environmental Protection Agency.  Protective  Clothing for Pesticide Usen.   Public
Information Branch, Office of Pesticide Programs, 401 M Street SW, Washington DC 20460;
(703) 308-7666, 1987.

US Environmental Protection Agency. Safe Storage and Disposal of Pesticides. Office of
Public Affairs, 401 M Street SW, Washington CD 20460, May 1977.
                                                                             •, 1993

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Worker Protection Standard Enforcement Training                   Training/Information Materials
                      BROCHURES/PAMPHLETS (Continued)
US Environmental Protection Agency.  Seguridad de los Trabajadores Agricolas:  Durante El
Uso de Pesticidas.  401 M Street SW, Washington CD 20460, May 1975.

WL Strain. Guide to Pesticide Laws and Safety. 315 Information Services Building, Auburn
University, Alabama 36849-5629, (205) 826-4970, free, 1975.
                                                                            r. IW3

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Worker Protection Standard Enforcement Training                   Training/Information Materials
                                     POSTERS

Be Safe with PesticideslUso Pesticidas con Cuidado. US Environmental Protection Agency,
Occupational Safety Branch, 1987.
How to Remove Pesticide Residue from Your Clothing.   Cooperative Extension Education
Center, University of Rhode Island, Kingston RI 02881, (401) 792-2900, 1988.
Pesticides Are Dangerous/Las Pesticidas Son Peligrosas (English, Spanish, Haitian Creole;
Pamphlet, poster, video).  Rural Opportunities, Incorporated, 339 East Avenue, Suite 305,
rochester NY 14604, (716) 546-7180.
Protective Clothing for Pesticide Users/Ropa Protectora para Los Ques Usan Pesticidas.  US
Environmental Protection Agency.
                                                                               , 1993

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Worker Protection Standard Enforcement Training                   Training/Information Materials
                               VIDEO/SLIDES/TAPES
Farm Chemical Safety Is  In  Your Hands (Slides w/tape,  video).  National Agricultural
Chemical Association, 1155 15th Street NW, Washington DC 20005, (202) 296-1585. $19.50
Slides w/tape, $16.50 VHS Video, $26.50 3/4" Tape.
Farmworkers Pesticide Safety Program - 3 parts (English, Spanish; Slides voI taped script, video).
University of Florida.   For purchase  contact  University of  Florida, IFAS-Bldg 664,
Gainesville FL  32611.  For rental contact UCD Visual Media, University of California,
Davis  CA 95616.  Non-profit organizations contact  OPP-EPA, TS-757C,  1921 Jefferson
Davis Highway,  Arlington VA 22202.
Farmworker Pesticide Training Program (English, Spanish; Slides, video).  US Environmental
Protection Agency.  $42 Slides, $15 VHS Video.
How  to  Handle  Chemical Spills  (Slides w/tape).   Perm  State  University, Publications
Distribution Center, 112 Agricultural Administration Building, University Park PA  16802,
(814) 865-6713, Purchase cost $21.90 includes postage, Inquire about in-state rental, 1980.
Pesticide Health & Safety Programs (English, Spanish; 5 video set). Videowise, PO Box 11991,
Fresno CA 93776, (209) 244-1600, $800 set of both languages/discounts available, 1985.
Pesticides Are DangerouslLas Pesticidas Son Peligrosas  (English, Spanish, Haitian Creole;
Pamphlet, Poster, Video).  Rural Opportunities, Incorporated, 339 East Avenue, Suite 305,
rochester NY 14604, (716) 546-7180.
Pesticides:  A Guide for Farm Workers!Pesticidas:  Guia para los  Trabajadores del Campo
(English, Spanish; Slides w/tape; California/National versions). California Institute for Rural
Studies, PO Box 530, Davis CA 95617, (916) 756-6555, 1982. Cost for purchase  is $115 +
6% sales tax + $3 shipping.  Rental cost is $20 + $3 shipping ($75 refundable deposit).
                                                                        December, 1993
                                          10

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Worker Protection Standard Enforcement Training                   Training/Information Materials
                          VIDEOISHDESITAPES (Continued)
Pesticide Safety Program for Non-certified Mixers, Loaders, and Applicators (English, Spanish;
Slides,  Video). US Environmental Protection Agency. $42 Slide, $15 VHS Video.
Pesticide Safety Training for Agriculture I Guia de Seguridad Agricola (English, Spanish; Video).
California Agricultural Aircraft Association, 5999 Freeport, Sacramento CA Q" -"12. $49.50
each.
Recognizing Pesticide Treated Fields  (English; Slides  vv/tape).  University of Nebraska,
Environmental Programs, 101 Natural Resources Hall, Lincoln NE 68583, (402) 472-132,
1985. $30.
Training Greenhouse Workers to Handle Pesticides Safefy/El Entrenamiento del Trabajador del
Invemadero en el Manejo Seguro de Pesticidas (English, Spanish; Video).   Visual Media,
University of California, Davis CA 95616, (916) 752-0590. Order v/86-AL (Spanish) or v/86-
AM (English).  Purchase cost $40. Rental costs:  $7 for 10 days for out of state and $5 for
10 days for in-state rentals (postage included).
                                                                                 1993
                                          11

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Worfcer Protection Standard Enforcement Tnining                   Traming/Information Materials
                              MANUALS AND GUIDES

Cornell Distribution Center.  Farm Guide to the Right-to-Know Law.  Pesticide Manuals, 7
Research Park, Ithaca NY 14850, (607) 255-7660, $7, 1987.

National Agricultural Chemicals Association, US Department of Agriculture, and US
Environmental Protection Agency. Protective Clothing for Pesticide Users.  Washington DC:
USDA/EPA/Minnesota Extension Service/University of Minnesota, AG-MI-3286, 1987.

North Carolina  State  University.   North   Carolina  Pesticide Laws  and  Regulations.
Horticulture Departmetn, PO Box 7609, Raleigh NC 27695, (919) 737-3113, $2, 1978.

Occupational Safety & Health  Law Center.   Chemical Hazards - A Guide to the Hazard
Communications Standards.  1536 16th Street NW, Washington DC 20036, (202) 328-8300,
$7.95 includes postage, 1986.

Occupational Safety & Health Law Center. Migrants Health and Safety Protection: A Guide
to the State and Federal Requirements.  1536 16th Street NW, Washington DC  20036, (202)
328-8300, $7.95 includes postage, 1988.

Sierra Club.  Pesticide Alert.  Sierra Club Stores, 30 Polk Street, San Francisco CA 94109,
$9.95 including postage, 1988.

State of California.  Pesticides: Health Aspects of Exposure and Issues Surrounding Tfieir Use.
Publications Section, PO Box 1015, North Highlands CA 95660, (415)  540-3063, free by
phone otherwise $7.05 each, #7540-958-1301-5,. 1988.

University of California.  Fruits  of Your Labor: A Guide to Pesticide Hazards for California
Field Workers. 2521 Channing Way, Berkeley  CA 94720, (415) 642-5507, $10.(X) includes
postage, 1984.

US  Environmental  Protection  Agency.    Pesticide Safety  and  Training Materials
Catalog!Catalogo de Materials Educativos y Proteccion  Sobre Pesticidas (English, Spanish).
Pesticides and Toxic Substances (H-7506C), 401 M Street SW, Washington DC 2()4tt). free,
1989.
                                                                              r, 1993
                                         12

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Worker Protection Standard Enforcement Training                  Training/Information Materials
                         TECHNICAL PUBLICATIONS
American Chemical Society.  Biological Monitoring for Pesticide Exposure Measurement,
Estimation, and Risk Reduction.  American Chemical Society, 1989.

Canada Department of Health and Welfare, US Environmental Protection Agency,  and
National Agricultural Chemicals Association. Pesticide Handlers Exposure Database, User's
Guide, and Reference Manual.  1992.

Comer SW, Staiff DC, Armstrong JF, and Wolfe HR. Exposure to Workers to Carbaryl. Bull,
Environ, Contamin, and Toxicol. (13) 385-291, 1975.

Corvallis Environmental Research Laboratory.  Natural Enemy Risk Assessment (NERISK)
(for Microcomputers).  Corvallis Environmental, 1991.

Cowell JE., Danhaus RG, Kunstman JL, Hackett AG, Oppenhuizen ME, and Steanmentz
JR. Operator Exposure from Closed System Loading and Applications ofAlachlor Herbicide.
Arch. Environ. Contam. Toxicol. 16. 324-332, 1987.

Davies JE, C.-^sady JC, and  Raffonelli A.  Pesticide Problems of the Agricultural Worker.
Environment:  Protection Agency,  Chamblee GA, 1973.

Fenske RA, Blacker AM, Hamburger SJ, and Simmon GS. Worker Exposure ami Protective
Clothing Performance During Manual Seed Treatment with Lindane.  Arch, Environ. Contam,
Toxicol. (19) 190-196, 1990.

Griffith J. and Duncan RC.  Alkyl Phosphate Residue Values in the Urine of Fit >nJa Citrus
Fieldworkers Compared to the National Health and Nutrition Examination Sur\e\ iHASES)
Sample.  Miami University,  Florida School of Medicine, and Enviromental  Protection
Agency, Washington DC, 1985.

Griffith J. and Duncan RC.  Grower Reported Pesticide Poisonings Among Fl< >nJu  ('itrus
Fieldworkers.  Miami University, Florida  School of Medicine, and Enviroment.il Pr.ncvtion
Agency, Washington DC, 1985.
                                                                            r. 1993
                                       13

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Worker Protection Standard Enforcement Training                  Training/Information Materials
                     TECHNICAL PUBLICATIONS (Continued)
Griffith J. and Duncan  RC.   Monitoring Study of Urinary Metabolites  and  Selected
Symptomatology Among Florida Citrus Workers. Miami University, Florida School of
Medicine, and Enviromental Protection Agency, Washington DC, 1985.

Griffith J. and Duncan RC. Urinary ChlorobenzUate Residues in Citrus Fieldworkers.  Health
Effects Research Laboratory, Research Triangle Park NC, 1985.

Griffith J,  Duncan RC,  and Konefal J.   Pesticide Poisonings reported by Florida Citrus
Fieldworkers.  Health Effects Research Laboratory, Research Triangle Park NC,  1985.

Hayes, WJ. Jr.  Safe Use of Pesticides in Public Health-Sixteenth Report of the WHO Expert
committee  on Insecticides, Technical Report Series,  No 356.   Geneva, World  Health
Organization, 1967.

Hayes, WJ. Toxicology of Pesticides.  Baltimore, Williams and  Wilkins Company, 1975.

Kahn E. Suggested form  letter for Medical Supervisor to send to Pesticide

Maddy, KT.  Farm Safety Research Needs in the  Use of Agricultural Chemicals and Safety
Regulations Which Have  Been Put Into Effect in California Based Upon  Studies Already
Completed.   Read before the meeting  of Farm Safety Committee of the  American
Conference of governmental Industrial Hygienists, Iowa City, Iowa, 1975.

Messing R. and Croft BA.   Natural Enemy Risk Assessment  (NERISK)  User's Manual.
Oregon State University, 1989.

National  Research Council,  Agency  for  International  Development,  Department  of
Agriculture, and Environmental Protection Agency.  Pesticide Resistance:  Strategies and
Tactics for Management.  Washington DC, 1986.

Nigg, HN.  Worker Reentry in Florida Citrus Pesticides  in the Agricultural  Environment.
Agricultural Research and Education Center, Lake Alfred FL, 1980.

Otto DA.  Neurotoxicity Testing of Agricultural Workers Exposed to Pesticides. Health Effects
Research Laboratory, Research Triangle Partk NC, 1987.
                                                                             r, 1993
                                         14

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Worker Protection Standard Enforcement Training                   Training/Information Materials
                     TECHNICAL PUBLICATIONS (Continued)
Spencer EY.  Guide to the Chemicals Used in Crop Protection, Publication 1093, ed 6.
Ottawa, Canada, Information Canada, Research Branch, Agriculture Canada, 1973.

Staiff DC, Comer SW, Armstrong JF, and Wolfe HR. Exposure to the Herbicide Paraquat.
Pesticides and Toxic Substances Effects Laboratories, Wenatchee WA, 1975.

Thompson JF. (ed)  Analysis of Pesticide Residues in Human and Environmental Samples--A
Compilation of Methods Selected for Use in Pesticide Monitoring Programs. Research Triangle
Park, NC, US EPA, National  Environmental Research Center,  Pesticides  and Toxic
Substances Effects Laboratory, 1974.

Tordoir WF. Field Worker Exposure During Pesticide Applications:  Proceedings of the Fifth
International Workshop of the  Scientific Committee on  Pesticides of  the  International
Association on Occupational Health. Scientific Committee on Pesticides, Elsevier Scientific
Publications Company,  1980.

US Department  of Health, Education, and Welfare.  Working  Safely with Pesticides.
Cincinnati OH: Public Health Service, March 1976.

US Environmental  Protection  Agency.  Method  for  Assessing  Exposure  to Chemical
Substances, Vol 7, Methods for Assessing Consumer Exposure to Chemical Substances. Office
of Toxic Substances, Washington DC  20460, EPA 1987, 540/9-87/127.

US Environmental Protection Agency. Pesticide Exposure to Florida Greenhouse Applicators.
Office of Research and Development, Cincinnati, Ohio, 1988.  EPA/600/2-88/033.

US Environmental  Protection Agency.  Pesticide Hazard Assessment Project: Harvester
Exposure Monitoring Field Studies (1980-1986),  Volume 1.  Office of Pesticide Programs,
Washington DC, 1988.

US Environmental  Protection Agency.  Pesticide Hazard Assessment Project: Harvester
Exposure Monitoring Field Studies (1980-1986),  Volume 2.  Office of Pesticide Programs,
Washington DC, 1988.
                                                                      December, 1993
                                        15

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Worker Protection Standard Enforcement Training                  Trainingftnforniation Materials
                     TECHNICAL PUBLICATIONS (Continued)
US Environmental Protection Agency. Production, Distribution, Use and Environmental
Impact Potential of Selected Pesticides.  Office of Pesticide Programs, Office of Water and
Hazardous Materials, 401 M Street SW, Washington DC 20460, 1974.

US Environmental Protection Agency. Recognition and Management of Pesticide Poisonings.
Pesticides and Toxic Substances, 401 M Street SW, Washington DC 20460, GPO #055-000-
00359-9,  1989.

Utah Biomedical Test Laboratory. Pesticide Residue Hazards to Farm Workers: Proceedings
of a Workshop Held February 9-10, 1976.  Utah Biomedical Test Laboratory, 1976.

VonRumker R and Horay F. Pesticide Manual-Pan I: Safe Handling and Use of Pesticides;
Pan II: Basic Information on Thirty-Five Pesticide Chemicals.  Shawnee Mission, Kansas, US
Department of State, Agency for International Development, 1972.

Wasserstrom R.  and  Wiles  R.  Field Duty:  US Farmworkers and Pesticide Safety.  World
Resources Institute, 1985.
                                                                            r, 1993
                                        16

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Worker Protection Standard Enforcement Training                  Training/Information Materials
                                 PERIODICALS

American Association of Retired Persons.  "After the Harvest:   The  Plight of Older
Farmworkers." AARP Consumer Affairs Department, 1990.

Bailey, JB and Swift JE. Pesticide Information and Safety Manual. Berkeley, California,
University of California Cooperative Extension, 1968,  147 pages.

Best EM Jr, Murray BL.   "Observations on Workers Exposed to Sevin  Insecticide-A
Preliminary Report."  Journal of Occupational Medicine 4:507-17, 1962.

California Department of Food and Agriculture.   "Information  on Safe  Handling of
Pesticides Containing Organophosphates", Pesticide  Safety Information  Series No 2,
Agricultural  Chemicals and Feed, 1974.

California Department of Food and Agriculture. "Summary of Regulations of the California
Department of Food and Agriculture Concerning the  Protection of Employees Who work
with Pesticides or Who May be Exposed to Their Residues", Pesticide Safety Information
Series No 8, Agricultural Chemicals and Feed, 1974.

California Department of Food and Agriculture and Department of Health. "Cholinesterase
Testing" Information Series No 7.,  1974, 2 pp.

Comer SW, Staiff DC, Armstrong JF, and Wolfe HR.  "Exposure of Workers to Carbaryl"
Bull Environmental Contamination Toxicol 13:385-91, 1975.

Duggan RE, Lipscomb GQ, Cox EL, Heatwole RE,  and Kling RC.  "Pesticide  Residue
Levels  in Foods in the United  States from July 1,  1963 to June 39,  1969"  Pesticide
Monitoring Journal 5:73-212, 1971.

Farago A. "[Fatal Suicidal Case of Sevin (1-naphthyl-N-methyl-carbamate) Poisoning.]" Arch
toxicol  (Berl) 24:309-15, 1969 (Ger)

Feldmann RJ and Maibach HI.   "Percutanious Penetration   of some Pesticides  and
Herbicides in Man" Toxicol Appl Pharmacol 28:126-32, 1974.
                                                                            r, 1993
                                       17

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Worker Protection Standard Enforcement Training                  Training/Information Materials
                            PERIODICALS (Continued)
Gafafer WM (ed): "Occupational Diseases--A Guide to Their Recognition", PHS publication
No 1097, US Department of Health, Education, and Welfare, Public Health Service, 1966,
pp 243-44.

Gaines TB.  "Acute Toxicity of Pesticides" Tpxicol appl Pharfnacol 14:515-34, 1969.

Hayes WJ  Jr.  "Carbamate Insecticides—Carbaryl", in Clinical Handbook  on Economic
Poisons—Emergency Information for Treating Poisoning, PHS "bulletin No 476. Atlanta, US
Department of Health, Education, and Welfare, Public Health Service, 1966, pp 44-46.

Jegier Z. Health Hazards in Insecticide Spraying of Crops. Arch Environmental Health
8:670-74, 1964.

Johnson DP.  "Determination  of Seven Insecticide Residues  in Fruits and Vegetables".
Journal of Assoc Off Anal Chem 47:23-86, 1964.

Johnson O.  ."Pesticides '72-Part 1" Chem Week 110:33-66, 1972.

Kale SC and Dangwal SK. "Hazards During the Use of Pesticides/Insecticides in Agricultural
Farms, in Proceedings of the 1970 Seminar on Pollution and Human Environment". Bombay,
India, August 26-27, 1971, pp 192-204.

Long KR. "Pesticides-An Occupational Hazard on Farms". American Journal ot  Nursing,
71:740-43, 1971.

O'Brien RD. "Insecticides—Action and Metabolism."  New York, Academic Press Inc.. l%7,
chapters 3-5.

Namba T,  Nolle CT, Jackrel J,  and Grob D.   "Poisoning Due  to Organophophate
Insecticides—Acute and Chronic Manifestations". American Journal of Medicine 50:4"?5-92,
1971.

National  Rural Health Council.  "Pesticide Use and Misuse:  Farmworkers .mJ Small
Farmers Speak on the Problem". Rural America, 80, vi: 63p, 1980.
                                                                           r. 1993
                                        18

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Worker Protection Standard Enforcement Training                   Training/Information Materials
                            PERIODICALS (Continued)
Popendorf WJ and Leffingwell JT.  "Regulatory Organophosphate Pesticide Residue for
Farm Worker Protection". Residue Review, 82: 125-201.

Popendorf WJ, Spear RC, and Selvin S. "Collecting Foliar Pesticide Residues Related to
Potential Airborne Exposure of Workers". Environmental Science Technology, 9:583-85,
1975.
Simpson, GR. Exposure to Orchard Pesticides—Dermal and Inhalation Exposures.  Arch
Environmental Health 10:884-85, 1965.

Shriver D.  "Respirators and Other Protective Devices", in Pesticide Information Manual.
College Park, University of Maryland, Cooperative Extension Service, 1972, pp C-29 to C-30.

VonRumker  R,  Lawless  EW,  and Meiners  AF.   "Production,  Distribution, Use and
Environmental Impact Potential of Selected Pesticides", Environmental Protection Agency,
Office of Pesticide Programs, 1974.

Wolfe HR.   "Protection of Individuals Who  Mix or Apply Pesticides in the Field", in
Proceedings of the National Conference on Protective Clothing and Safety Equipment for
Pesticide Workers.  Atlanta, US Department  of Health, Education, and Welfare, Public
Health Service, Center for Disease Control, 1972, pp 35-39.

Wolfe HR. "Protection of Workers from Exposure to Pesticides",  Pest Control 40:17-18,
20, 38, 40, 42, 1972.

Wolfe HR, Durham WF, and Armstrong JF.  "Exposure of Workers to  Pesticides",  Arch
environ Health 14:622-23, 1967.

Working Group on Pesticides. "Summary of Interim  Guidelines for Disposal of Surplus or
Waste Pesticides and Pesticide Containers" in Pesticide Information Manual. College Park,
University of Maryland, Cooperative Extension Service,  1972, pp 1-5 to 1-14.

Yates WE, Akesson NB,  and Brazelton RW.  "Closed System Mixing and Handling of
Pesticides in California".  Paper presented at the 1974 meeting of the American SiKiety of
Agricultural Engineers, Chicago, 1974, pp 1-11.
                                                                             r, 1993
                                        \9

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    Inspector Training Program
Worker Protection Inspection Course

      Module Eleven:
  Employer Retaliation
           Student Manual

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Worker Protection Inspection Course                               Employer Retaliation
                            TABLE OF CONTENTS
MODULE ELEVEN: EMPLOYER RETALIATION

    Objective	2
    Introduction	4
    Prohibition Aganist Retaliation  	4
    Goals Of the Inspector	5
      Enhanced Ispection Results	5
      Enhanced Future Inspections	5
      Encourage a Self-Compliance Attitude At the Workers	5
    Complaint-Driven Inspecions vs. Routine Inspections	6
    The Inspector's Role	6
    Inspection Procedures 	7
      Pre-Planing  Concerns	7
      Opening Conference	8
      ConductingEmployer and Worker Interviews	9
      Referral to/from Other Organizations	13
    Module Eleven Attachments
                                                                 May 13, 1994

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Employer Retaliation                               Worker Protection Inspection Course

        To explain the impertoPs ro^
        governing employer retaliation against workers seeking to i^^
        WoAerl^tectjcm Standard, indudin^
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Worker Protection Inspection Course                             Employer Retaliation
                   THIS PAGE INTENTIONALLY BLANK
                                                               May 13, 1994

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Employer Retaliation                                Worker Protection Inspection Course

EMPLOYER RETALIATION

The use of pesticides is regulated under FIFRA.  The Worker Protection Standard at 40
CFR Part 170, promulgated under FIFRA, requires workplace practices designed to reduce
or eliminate exposure to pesticides among agricultural workers and agricultural pesticide
handlers  and establishes procedures for responding to exposure-related emergencies. To
determine if agricultural employers and pesticide handler employers are complying with the
Worker Protection Standard or the applicable State statute and applicable regulations,
Worker Protection Standard inspections are conducted. The Worker Protection Standard,
as do other  labor protection  regulations  promulgated by  State and  Federal agencies,
specifically  includes a provision at 40 CFR  170.7(b) prohibiting employers from taking
retaliatory actions against employees seeking  to comply with the standard.

The purpose of the  Worker  Protection Standard is to  protect the health and lives of
agricultural workers and agricultural pesticide handlers. If an inspection under the Worker
Protection Standard results in a retaliatory action, such as dismissal, by an employer against
an agricultural worker or pesticide handler,  then the worker/handler has not been well
protected. Any effort that the inspector can make to mitigate the potential  for retaliatory
actions is entirely consistent with her/his role  as a Worker Protection Standard  inspector.

1. PROHIBITION AGAINST RETALIATION

Under 40 CFR 170.7(b), retaliatory actions by employers against workers in relation to the
Worker Protection Standard are expressly prohibited:
   The agricultural employer or the handler employer shall not take any retaliatory action for
   attempts  to  comply with  this part or any action having the  effect of preventing or
   discouraging any worker or handler from complying with any requirement of this pan.
For  the  purposes of  inspections  under  the  Worker Protection Standard, employee
cooperation with inspectors are considered "attempts to comply" with the Worker Protection
Standard.   Thus,  employer retaliation against  a worker/handler who provided a tip or
complaint, participated in an interview, or in any other way cooperated with the conduct of
an inspection under the Worker Protection Standard is considered in violation of 40 CFR
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Worker Protection Inspection Course	Employer Retaliation


170.7(b), and is subject to the penalties established in Section 14 of FIFRA.  This action is
considered a misuse violation under Section 12(a)(2)(G) of FIFRA.


2. GOALS OF THE INSPECTOR

In general, inspections under the Worker Protection Standard should be conducted in a
manner that tends to avoid or mitigate  the possibility of employer retaliation against
workers/handlers who cooperate  with  inspection efforts.  While the total avoidance of
retaliation may be an unrealistic goal, some steps may be taken that limit the ability, interest,
or incentives of employers to retaliate.  This module outlines a number of issues related to
retaliation  that the inspector should consider, as well  as a number of approaches the
inspector may use to avoid or mitigate the possibility of retaliation. Employer retaliation is
an issue that should be considered and prepared for before, during, and after an inspection.
An effective approach to the issue of employer retaliation can reap  a significant benefit.
The following  subsections outline  a few of the benefits that may result from an effectively
planned inspection.


Enhanced Inspection Results

The results of the current inspection can be enhanced when the inspection is conducted in
such a way as  to relieve an employees'  fears of retaliation. Since a worker/handler who is
not concerned about possible retaliation for giving information about the worker protection
practices at her/his place of employment will be more likely  to present  full,  accurate
information, the inspector will garner more useful information about those practices. This
will lead to a better picture of the employer's  compliance  or  non-compliance with the
Worker Protection Standard.
Enhanced Future Inspections

An effective approach to addressing a worker's/handler's concerns about employer retaliation
can enhance the value of future inspections, including  any follow-up inspections to the
current  inspection.   One reason for this is that an  effective approach builds employee
confidence in EPA's or the State's commitment to protecting worker health and safety. An
inspector's attitude, bearing, and concern with the problem of retaliation, and indeed the fact
that an inspection is  underway, demonstrate to the worker/handler that EPA or the State
is concerned with the problems of her/his workplace.  Furthermore, an effective approach
to retaliation will likely help generate more information or tips  that can be more fully
developed during a follow-up inspection, thus enhancing the value of follow-up activities.
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Employer Retaliation                                Worker Protection Inspection Course


Encourage a Self-Compliance Attitude at the Workplace

An effective approach to the issue of retaliation can lead to an attitude on the part of both
the employer and the workers/handlers that maintaining compliance and cooperation with
EPA or the State is a simple and valuable way to work. An effective inspection can increase
employer and worker awareness of the Worker Protection Standard and its importance in
safety and  health, leading to workplace self-compliance with the standard.
3.  COMPLAINT-DRIVEN INSPECTIONS vs. ROUTINE INSPECTIONS

Worker Protection Standard inspections may be in response to a tip or complaint, or they
may be routine inspections conducted as part of a compliance promotion plan.  In many
cases, inspections will be triggered by tips received from several sources, including individual
workers, agricultural unions, or migrant worker  advocacy groups.  In States that have
agreements with migrant worker advocacy groups that identify these groups as conduits to
relay tips from workers to the State, workers may be more likely to bring tips forward and
may feel better protected from retaliation while doing so.   An inspector's role will be
somewhat different in  a complaint-driven  inspection than in a routine inspection.  The
primary role  of an inspector in a complaint-driven inspection is to determine whether a
violation of the Worker Protection Standard took place or is taking place  and, if so, to
document the violation.
4.  THE INSPECTOR'S ROLE

In general, an inspector acts as a fact finder, an enforcement presence, and a technical
educator on the Worker Protection Standard. The issue of retaliation plays a part within
the context of each of these roles. The inspector should consider the different ways the issue
of retaliation must be dealt with in each of her/his roles.  The issue of retaliation must be
approached with caution, since it is connected to employers' fears of enforcement action  and
employees'  fears  of the  loss of their  livelihood.   The nuances  and  subtleties  of
communication between  the inspector, the employer, and the worker/handler will be
important in  how successful the inspection is and whether retaliation takes place.

As a fact finder, an inspector is primarily concerned with gathering useful information to
maximize the results of the inspection.  It is important to ease employee concerns about the
possibility of retaliation, since information may be withheld by the worker/handler for fear
of  retaliation.   It is  also important,  as  mentioned above, to build  confidence among
employees that EPA or the State is committed to protecting worker health and protecting
against  retaliation, in order  to  foster an  atmosphere wherein workers/handlers  are
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Worker Protection Inspection Course	Employer Retaliation


encouraged to provide tips and complaints to EPA or the State on future potential Worker
Protection Standard violations.

Because the revised Worker Protection Standard was promulgated recently (August 1992),
the role of the inspector as a technical educator is extremely important.  Especially on first
visits to workplaces, the inspector will be a major conduit of information about the Standard
to employers, workers, and handlers. As part of this role, the inspector should communicate
to employers, workers and  handlers that retaliatory actions are prohibited by  40 CFR
170.7(b).  Later inspections may be more effective if this issue is dealt with effectively at an
earlier stage. During the opening conference, the inspector should relay to employers that
retaliatory actions taken against employees are prohibited, and that enforcement will follow
if the employer does take retaliatory actions.  However, caution should be exercised such
that the inspector will not be seen as a disrupter in labor/management relations.  The
inspector's proper role is solely that of compliance with the Worker Protection Standard.
5.  INSPECTION PROCEDURES

An effective approach to the issue of retaliation entails the use of inspection procedures that
will avoid or mitigate the possibility of retaliation.  These procedures need to be planned
and implemented before, during, and after the  inspection.  These procedures affect pre-
inspection planning  concerns, the opening conference, the  conduct of interviews, and
referrals to/from other agencies and organizations.
Pre-Inspection Planning Concerns


Pre-inspection planning encompasses many contingencies.  Pre-inspection planning should
include the consideration of methods and approaches to mitigate the possibility of retaliatory
actions.  Information the inspector has about the type of inspection to be conducted,
whether the inspection is routine or in response to a tip or complaint, as well as about the
workplace, employer, and type of workers, will be helpful in deciding what approaches are
needed to address retaliation.  The issue of retaliation is best dealt with by an experienced
inspector. In general, where the possibility of retaliation or the fear among workers/handlers
of retaliation is high, an experienced inspector should be a part of the inspection or be
available for consultation should problems arise.


When planning to inspect a workplace where workers speak a language or languages other
than English, the inspection plan may need to include bringing inspectors or other personnel
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Employer Retaliation                                 Worker Protection Inspection Course

who are able to speak the language of the workers/handlers. This is especially important
when conducting a "for-cause ", complaint-based inspection.  Since the issue of retaliation
is relatively complex, communication in the native language of an employee about retaliation
is likely to be more understandable.  Further, underlying fear of retaliation may be more
apparent to an inspector or other person fluent in the employee's language, since this fear
may be evident in word choice or inflection. Thus, the ideal inspector is one with extensive
experience and appropriate language skills. If such an inspector is not available, then an
inspection team should include an experienced inspector and an inspector with appropriate
language skills, if possible.

Finally, the inspection plan should anticipate the possibility that workers/handlers may not
cooperate with the inspection. In this case, evidence will need to be gathered without the
benefit of  their assistance.  The inspection plan should include a procedure to collect
information to document potential violations that does not  rely  on the testimony of
workers/handlers.  Nevertheless, interviews are an essential aspect of inspections, and every
effort possible within time and resource constraints should be made to conduct interviews.
Interviews  are particularly important when documenting a retaliation violation.
Opening Conference

Several procedures in the opening conference are important in setting an atmosphere in
which retaliation is less likely to occur. It is suggested that the normal course of explaining
the purpose of the inspection include bringing up with management the fact that retaliation
is a violation, discussing the issue in a positive and non-threatening manner, and explaining
to management that worker/handler interviews may be conducted, and that these interviews
will be done in as non-intrusive a manner as possible.

At the beginning of the opening conference, a listing of the management personnel for the
organization should be obtained.  This information should be used to establish an interview
plan, so that key managers, e.g. crew chiefs, are identified for subsequent interviews.

When  discussing the prohibition against retaliation with management, a positive and non-
threatening approach is best. Rather than threaten management with enforcement against
any retaliatory action, the inspector should simply state that, while the inspector does not
expect  that  retaliation  would occur,  retaliation  is prohibited by  40 CFR  170.7(b).
May 13, 1994                             8

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Worker Protection Inspection Course	Employer Retaliation

Management should be made to feel that compliance is expected.   Setting a positive
atmosphere can be partially achieved through emphasis on the compliance promotion aspect
of the inspection. In this way, management is encouraged to see the inspection not as a
search for wrongdoing but instead as assistance in complying with the Worker Protection
Standard.

Finally, the opening conference with management should include notification to management
that the inspector may be interviewing workers/handlers. Part of this discussion should be
acknowledgement that interviews may disrupt the work routine, but that an effort will be
made to minimize disruption.  The inspector should attempt to arrange with the employer
a time for employee interviews, such as between work shifts, that does not interrupt normal
activities.

The prohibition against retaliation against a worker/handler who is interviewed should again
be  emphasized.   Consistent with the compliance education aspects  of the  inspection,
management personnel may be encouraged to accompany the inspector on the site tour or
other aspects of the inspection.  However, it should  be made clear that management
personnel are not to be involved in interviews at any point.
Conducting Employer and Worker Interviews

Interviews are very important in Worker Protection Standard inspections, particularly where
violations  are  suspected but cannot  immediately be documented  with physical  or
documentary evidence. Interviews can provide either the testimonial evidence to prove a
case or tips and information leading to the collection of physical or documentary evidence.

The Basic Inspector Training Course manual provides useful guidelines on the demeanor,
method, and approach inspectors should take  during interviews. The Worker Protection
Inspection Guidance provides checklist questions on Worker Protection Standard provisions
that may be useful to inspectors in employer and worker interviews.  Please refer to the
worker protection checklist for examples of questions to use during these interviews.

•  Employer and Management Interviews

An interview with the employer or  management  should include a restatement of the


                                        9                             May 13, 1994

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Employer Retaliation                                Worker Protection Inspection Course

prohibition against  retaliation and a reminder that any violation of the Worker Protection
Standard by an employee is also considered a violation by  management under FDFRA
Section 14(b)(4), as referenced by 40 CFR I70.9(c).  Furthermore, interviews with levels of
management below the owner, operator, or employer may encounter the same difficulties
with fear of retaliation as interviews with workers/handlers.  A crew chief may be just as
concerned as a field worker/pesticide handler might be about revealing information that
could lead to her/his dismissal.  The following section provides approaches that inspectors
may use with workers/handlers to encourage cooperation; these approaches can also be used
with reluctant management personnel.
•  Worker Interviews

Worker/handler interviews may be an essential aspect of a successful inspection.  A number
of suggested approaches to worker/handler interviews are available to the inspector that may
mitigate the possibility of retaliation and alleviate their fear of retaliation.  As mentioned
above, the issue of retaliation is best dealt with  by an experienced inspector and/or an
inspector who speaks the language of the worker/handler.  [Whether or not such inspectors
are available, the following recommendations should be helpful.]

The interview should take place in a manner likely to lessen the employee's fear of being
overheard, seen individually, or otherwise in danger of being singled out by the employer for
retaliation.  If the interview is to be conducted at the work site, several methods may be
used to put the worker/handler at ease.  The worker/handler interview should be conducted
in a place that could ease their fears of employer surveillance. A conference room or other
area chosen by the employer may be inappropriate, as workers/handlers are less likely to be
comfortable in a formal setting.  Workers/handlers are sometimes more comfortable being
interviewed in their work area, but this may not provide sufficient privacy.

If an interview is taking place in the work area, the inspector should attempt to shield the
employee from potential retaliation by interviewing a group of workers/handlers together or
by interviewing a sufficient number of individuals in sequence.  Employers or crew chiefs
should not be in proximity to the interview area. Group interviews may foster discussion by
providing peer support, or they may in fact create an intimidating atmosphere where one
employee willing to speak up is afraid to do so. If intimidation by the group is suspected,
the inspector may hand out cards with a contact telephone number so that workers/handlers
May 13, 1994                             10

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Worker Protection Inspection Course	      Employer Retaliation

may request a separate, individual interview.  When a worker/handler presents information
that points to a possible violation of the Worker Protection Standard, the inspector should
not stop the interview or series of interviews, nor should the inspector show emotion related
to the revelation of this information.  It is important to avoid drawing attention to which
employee or which part of an interview presented information on possible violations.  This
is especially important when  conducting group interviews.

Off-site interviews may be preferable to on-site interviews in some cases.  The off-site
interview, of course, provides a great deal more privacy and anonymity to the employee.
For an inspection based on a tip or complaint, an off-site interview can be arranged before
the inspection. Indeed, this is the best strategy for the conduct of ah inspection based on
a tip or  complaint. For a routine inspection, arranging an off-site interview is more difficult.
This type of inspection calls  for more careful procedures to alleviate workers' fears  and
mitigate the possibility of retaliation.

In either an on-site or off-site interview, the following suggestions may help to encourage
worker/handler cooperation with the inspection. They are particularly important for on-site
inspections, since fear of retaliation will be greatest at the work site.

The inspector should build the employee's peace of mind by first explaining the purpose of
the inspection and the interview.  This will clarify that the entire operation, not the person
him/herself, is the  focus of the inspection. Interview questions should be simple and direct
questions (especially yes/no questions) about the person's job and the procedures followed.
For example, the question "When did you return to the field after spraying?" is preferable
to "Did  you follow the appropriate  reentry interval?"

The issue of retaliation should be raised when the worker/handler raises the issue, or if the
interviewer can recognize tension or reluctance to answer on the part of the worker/handler.
The inspector will have to use his/her discretion, when deciding whether or not  to bring up
the issue of retaliation. If the  issue of retaliation is raised, the inspector can try the following
approaches to encourage their cooperation with the interview:

-  Explain the actions EPA or the State can take against an employer who  engages in
   retaliatory actions.  State that retaliation is prohibited under 40 CFR 170.7(b), and that
   a violation of  this  is considered a violation of FIFRA, subject  to applicable FIFRA
   penalties.
                                         11                             May 13, 1994

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Employer Retaliation	Worker Protection Inspection Course

-  Ask for a tip indicating where a potential violation may be found.  The inspector may
   then be able to obtain physical or documentary evidence of a violation, lessening the
   need to rely on worker interviews as testimonial evidence.

-  Discuss the procedures to be used with interview notes or tapes following the inspection.
  . Some individuals may feel threatened or offended if the inspector takes notes or uses a
   tape recorder.   The inspector should judge whether the use of a tape recorder will
   negatively influence the conversation.  It should be clarified to the individual that notes
   or tapes will not be released to the employer at the conclusion of the inspection. The
   notes or tapes will remain  protected from FOIA requests during the development of an
   enforcement  case.  (However, in  many cases, notes or tapes are releasable to the
   employer during an enforcement proceeding.  The inspector should know the  rules
   applicable to FOIA requests and enforcement documents in her/his State or Region.)

-  Offer anonymity to the person, if possible.  States  and Regions have differing rules
   applicable to the protection of the name of  a worker/handler who provides a tip,
   complaint,  or other information.  Depending on the rules, anonymity may not be
   preserved during administrative or judicial enforcement proceedings, especially where
   interview information forms the crux of the case. In  addition, once an investigation is
   closed, the name of the complainant may be released under FOIA. The inspector needs
   to be careful, however, not to give the worker/handler a false sense of security.

-  Some States, for example  Michigan (see exhibit), have reached  agreements with other
   organizations such as migrant legal aid agencies that allow the name of the individual to
   be  shielded even during  enforcement proceedings.   In  addition,  some States admit
   testimony from an anonymous worker/handler if the person is deposed by an attorney;
   they are not  required to  appear at the proceeding.  Some States hold the power to
   subpoena a management  individual, such as a  foreman or crew chief, to testify at the
   enforcement proceeding.  Since the evidence will then come from the testimony of the
   management individual,  the  worker/handler  who   originally  provided  the tip  or
   information need not appear.

   The inspector can also afford some measure of anonymity when interviewing on-site by
   interviewing more than one employee.  This limits the ability of the employer to target
   a particular person for retaliation.  For an extensive inspection, it may be possible to
   conduct interviews with workers/handlers at the migrant camp. This provides privacy as
May 13, 1994                            12

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Worker Protection Inspection Course	Employer Retaliation

   well as the protection of multiple interviews. This technique can be used even if the best
   source of a tip or information is known beforehand.

-  Offering an  off-site location for  the interview,  whether or not anonymity can be
   preserved, can encourage an employee to cooperate more fully with the inspector.  One
   strategy for encouraging workers/handlers to contact the inspector to arrange  an off-site
   interview is for the inspector simply to hand out a contact telephone number to them
   and explain the availability of an off-site location.

   In some  cases, it may be possible to arrange off-site interviews in a location  viewed by
   the individual  as  particularly safe,  such  as  the offices of a migrant worker  aid
   organization.   Some States (e.g., Michigan)  have standing agreements  with  such
   organizations allowing this type of procedure.

-  In the event anonymity cannot be preserved, the inspector can seek corroborating
   evidence from other sources  (physical, documentary, and/or testimonial evidence from
   other employees or management) so as not to rely on the worker's/handler's interview
   as evidence in an enforcement proceeding.
Referrals to/from Other Organizations

Other  organizations besides EPA and the State agency charged  with pesticide  use
enforcement  are responsible  for  employee health and  safety.   OSHA and its State
equivalents have general authority to promote health and safety in all occupations, including
agricultural workers and pesticide handlers.  In addition, State labor agencies frequently are
responsible for assuring that wage standards are upheld. The inspector should be aware of
coordination  agreements between  OSHA, Labor, or their State equivalents and EPA or
State pesticide agencies.

Contact points should be identified in  these organizations in the event of referrals from or
to these organizations or possible joint inspections or enforcement actions.
                                         13                            May 13, 1994

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Employer Retaliation	Worker Protection Inspection Course


                                   REFERENCES
United States Environmental Protection Agency. 1993 (July).  Worker Protection Inspection
Guidance (Draft)

United States Environmental Protection Agency. 1989 (February).  Basic Inspector Training
Course for EPA Inspectors/Field Investigators.

Memorandum of Understanding Between the United States Department of Labor, Occupational
Safety  and Health Administration, and the United States Environmental Protection Agency,
1990.
May 13, 1994                             14

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Worker Protection Inspection Course                       Employer Retaliation
                      ATTACHMENT 1

 AGREEMENT BETWEEN MICHIGAN MIGRANT LEGAL ASSISTANCE
 PROJECT, INC., AND MICHIGAN DEPARTMENT OF AGRICULTURE
                            15                    May 13, 1994

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           6
          MICHIGAN MIORANT
          LEOAL ASSISTANCE PROJECT, INC.
tot ewnt SICMAMC tnmr
MDMIIN WMNftl, M «t(
   May 22, 1992
   Ma. Katharine A. redder .
   Management Peatiolde Bnforcament
   Michigan Department of Agriculture
   Ottawa Building North
   P.O. Box 30017
   Lansing, MX  48909

   Dear Ma. redder;

   Pursuant to our conversation and discussions of May 18, 1992,
   your office will accept oooplainta signed by our aqenoy on behalf
   of victims who wiah to remain anonymoua  for fear of retaliation.
   These complaints will contain sufficient^ factual detail aa to the
   date, tine and place of the occurrence ao that the applicator
   and/or grower nay be confronted with the evidence,  if there ia
   an admission of the culpable conduct on  the pert of the guilty
   party, the appropriate sanctions will be issued.

   If there ie no admission and the accused party demands a full due
   process hearing, we understand that you  may decide to close the
   case in the event that the victim's testimony is crucial to any
   finding of culpable conduct.

   We will try to have the anonymous victim available for your
   interviewer ahould you wiah to look at medical records and
   otherwise discuss the fact a firsthand with  the victim in the
   course of your investigation.  In those  caaea in which an
   enforcement can go forward only if the victim teatifiea, you will
   let ua know prior to terminating the investigation.  We will then
   speak with the paraon to aee whether it  ia  feaaible for them to
   give up their anonymity at that point.

   Aa we discussed, Z think the advantages  of  this prooeaa outweigh
   the disadvantages.  First, there will likely be more
   investigation.' Second, there will be some deterrent affect
   along with the communication from your Department to the
   grower—even if the inveatigation does hot proceed into e full
   enforcement action.  Zn thia way, anonymity proteota job security
   for the victim/complainant, while the preventative/deterrent
   purposes of your agency are furthered.

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Mm. Katharine A. redder
Pag* 2
May 22, 1992
Zf your understanding dlfftrs with respeot to ny r«ooll«ctlon of
our dlsousslona, plaaaa ooamant in writing within a waak of thla
lattar.
        ly youra.
   Lllp R. Rilay
Attorney at Law

PBR/avf

001  Oana Thompson, Plant Paat Management Division
     Gary N. Oarshon, MHLAP Bxaoutivo Director

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                                   STATE Of MICHIGAN
    Nugwt
                                 JOHNENQLB^

*•"*"                 DEPARTMENT OF AGRICULTURE
   **0                     P.O. BOX 50017, LANSINO, MICHIGAN 41909

   June 5,1992

   Mr. PhDIp R. Rlley
   Attorney at Law
   Michigan Migrant Legal
    Assistance Project, inc.
   102 South Mechanic Street
   P.O. Box 208
   Berrten Springs, Ml  401034208

   Dear Mr. Rfcey:

   Thank you for your  letter of May 22 summarizing our meeting of May 18 rega/drq pesticide
   complaints and migrant farm workers.  While your summary essentially reflects what Gene
   Thompson and I recall of the discussion, I feel the need to clarify the following point

   Your letter Infers that an accused party that doee not admit gum may reault In the need for the
   compUUnanfs Identity to be revealed should the department pursue the case.  I agree with this
   statement  However, M an accused party admits guilt It does not mean that they wfli be wining
   to settle an administrative action without a hearing.  The admission also would not necessarily
   preclude the complainants Identity being revealed In either a oMI or criminal action. My port
   la that even If an accused party admits  gult,  It wn not assure the departments abflriyto
   exercise the "appropriate sanction' If the complainant la not wiling to come forward.  In other
   words, we may be imlted to Issuance of a warning letter, even if an administrative fine would
   be the more appropriate sanction.  However, It must he made dear that MDA will be the sols
   determinant of aocroprlate enforcement actions.

   The only  other clarification I would like to make is  that  MDA  agrees to Implement the
   •anonymous complaint" system for farm worker complaints only on a one year pilot basis and
   only in the Region V area, which Includes nine southwest Michigan counties.  We would be
   happy to  evaluate the  plot program with you this winter In order  to determine the future
   Implementation of this strategy.

   Once again, I encourage you to route afl oomplalnta from the southwest Michigan area directly
   to either Gene Thompson at 6187/428-2575 or myself at 617/335-8838.

   I look forward to our continued  cooperative efforts to assure  that pesticides are used only In
   a safe and effective manner.
   Sincerely,
  t#itu^tf/
   Kathertne A. Fedder, Pesticide Program Manager
   PESTICIDE A PLANT PEST MANAGEMENT DIVISION

   KAF/Skb
   ec:    C. Cubbage
         K. Creagh
         G. Thompson                     ^
         B. Rowe                        o§
         G. Gershon                      npr

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Worker Protection Standard Enforcement Training        Employer Retailiation Role Play
                          ATTACHMENT 2
                          ROLE PLAY

          CONDUCTING WORKER INTERVIEWS
                      Employer Retaliation Module
              Worker Protection Standard Enforcement Training

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Employer Retaliation Role Play	Worker Protection Standard Enforcement Training


                              INSTRUCTOR'S NOTES
                            Conducting a Worker Interview
                                      Role Play


The role play will be done as follows:

Timing for role play - approximately 20-25 minutes

Introduction/Goals: 2-5 minutes

       Instructor presents the key learning points (which should be written on flip charts
       located at front of room):

             •     Learn various techniques for obtaining accurate information
             •     Learn methods promoting open, free communications


Climate Setting:    1-4 minutes

       Each student is given a copy of the role play situation.
       Instructor sets the climate for the role play  by describing the setting and the
       characters.

Role Play:    5-7 minutes

       During the role play, each student should observe the players and individually
       record their observations for various activities during the role play (i.e., offering
       alternative interview times, availability of other interview sites, and types of
       questions used, etc).

Discussion:   3-5 minutes

       After the role play,  the instructor asks the students to share the observations
       which they have made.

Generalization and Application:  3-5 minutes

       Instructor generalizes the student's observations into the key learning objectives.
       Instructor then asks each student to record  3 things which  they have learned
       during the role play and which they will apply to their own situations (i.e., How I
       can use what I have learned?). Next, selected students are asked to describe one
       of their top 3 items.

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Worker Protection Standard Enforcement Training            Employer Retaliation Role Play
Closure:     2 minutes

       Instructor summarizes the role play and links it back to the goals. The
       participants are asked if the goals have been met. Instructor wraps up session.

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Employer Retaliation Role Play           Worker Protection Standard Enforcement Training


             Role Play Situation • Interviewing an Individual Farmworker

Julie Leplant has been scheduled to interview farmworkers at a small farming operation
owner by JR Lamb in Blue Sky County.  Arriving shortly after 9 a.m., Julie finds JR
speaking with mechanics in the bam. JR tells Julie that EPA personnel came to visit and
speak with his workers two years ago.  He also tells her that the farmworkers have just
left for the fields.  He calls to one of the drivers, Dan Dugan, and tells him to take Julie
out to the workers (about a 40 minute ride).  JR tells her that Dan is also a field worker
and today has the primary task of driving the supply vehicle.  Julie climbs in the truck
with Dan and they head out to the fields. Julie anticipates that she can get some
information on the way.

Characters:

       Julie Leplant       3 years experience as an inspector
                          Plans to conduct at least one more inspection today at a site
                          in another county
                          Is a stickler for detail

       Dan Dugan        8 years experience as farm worker
                          Splits his time between working in the fields and shuttling
                          supplies
                          Doesn't know anything about EPA pesticide programs

Task:  Julie needs to obtain information about the pesticide practices. If she is able to
       conduct  one interview along the way, she will only need to speak with two or three
       others when she gets to the fields.

Points Julie needs to cover:

             •     The purpose of the interview
             •     Retaliation is illegal
             •     The availability  of interview sites  and times
             •     The issue of anonymity.
Techniques the Julie needs to practice include:

             •     The use of direct questions
             •     Assessing sensitivity of workers about retaliation
             •     Integrating the mention of other collection activities to reduce
                   worker apprehension about  sharing information (i.e., group
                   interviews)
             •     Indirectly soliciting tips and  complaints from workers that  Ic.iJ ID
                   collection of physical  evidence

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Worker Protection Standard Enforcement Training           Employer Retaliation Role Play
                            Role Player 1 - Julie Leplant

Julie Leplant has been scheduled to interview farmworkers at a small fanning operation
owner by JR Lamb in Blue Sky County. Arriving shortly after 9 a.m., Julie finds JR
speaking with mechanics in the barn.  JR teLi Julie that EPA personnel came to visit and
speak with his workers two years ago. He also tells her that the farmworkers have just
left for the fields.  He calls to one of the drivers, Dan Dugan, and tells him to take Julie
out to the workers (about a 40 minute ride). JR tells her that Dan is also a field worker
and today has the primary task of driving the supply vehicle. Julie climbs in the truck
with Dan and they head out to the fields.  Julie anticipates that she can get some
information on the way.

Character.  Julie Leplant:    -   3 years experience as an inspector
                                Plans to conduct at least one more inspection today at
                                a site in another county
                                Is a stickler for detail

Task: Julie needs to obtain information about the pesticide practices.  If she is able to
      conduct one interview along the way, she will only need to speak with two or three
      others when she gets to the fields.

Points Julie needs to cover:

             •     The purpose of the interview
             •     Retaliation is illegal
             •     The availability of interview sites and times
             •     The issue of anonymity.
Techniques the Julie needs to practice include:

             •     The use of direct questions
             •     Assessing sensitivity of workers about retaliation
             •     Integrating the mention of other collection activities to reduce
                   worker apprehension about sharing information (i.e. group
                   interviews)
             •     Indirectly soliciting tips and complaints from workers that lead to
                   collection of physical evidence
      "We  /ould not expect that JR would do anything to you because you cooperated
      with js.  If he does, he would be in violation of WPS, and we would take action."

      "You do not have to give your name but..."

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Employer Retaliation Role Play            Worker Protection Standard Enforcement Training


                             Role Player 2 - Dan Dugan

Julie Leplant has been scheduled to interview farmworkers at a small farming operation
owner by JR Lamb in Blue Sky County.  Arriving shortly after 9 a.m., Julie finds JR
speaking with mechanics in the barn. JR tells Julie that EPA personnel came to visit and
speak with his workers two years ago.  He also tells her that the farmworkers have just
left for the fields.  He calls to one of the drivers, Dan Dugan, and tells  him to take  Julie
out to the workers (about a 40 minute ride). JR tells her that Dan is also a field worker
and today has the primary task of driving the supply vehicle. Julie climbs in the truck
with Dan and they head out to the  fields. Julie anticipates that she can get some
information on the way.

Character.    Dan Dugan     -  8 years experience as farm worker
                            -  Splits his  time between working in the fields and
                               shuttling supplies
                            -  Doesn't know anything about EPA pesticide programs

Task: Drive Julie to the field.

             •     Initially answer questions very generally
             •     Inquire about other interview sites and interviewees
             •     Ask whether he can get paid for information
      "Do I have to answer your questions?"
      "I'm not really sure about things that aren't right, I just do what I am told."
      "Can I get paid for this information?"
      "Will the owner find out that you spoke with me?"
      "How can you protect me from the boss?"

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Worker Protection Standard Enforcement Training           Employer Retaliation Role Play
            SAMPLE POST ROLE-PLAY FACILITATION QUESTIONS



            • How did Julie explain the purpose of the interview?  Was she clear?

            • How did Julie approach the issue of retaliation? Was it appropriate?

            • Was Julie's explanation of anonymity understandable? Was it accurate?

            • Which issue is harder to explain (anonymity or retaliation)?

            • Was the decision to conduct an interview while riding in a vehicle good?

            • What  other information should Julie have sought?

            • Did Dan understand that he was being interviewed?

            • Did Dan understand why he was being interviewed?

            • Did Dan have any concerns about being interviewed? How were they
             addressed?

            • Does Dan know how to contact Julie if he wants to offer additional
             information?

            • Was Dan a "good choice" for an interview?

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