SEPA
United States
Environmental Protection
Agency
Prevention, Pesticides
And Toxic Substances
(H7506C)
735-F-93-011
March 1993
The Worker Protection
Standard for
Agricultural Pesticides
How Soon Do You Need to Comply?
You probably need to read this bulletin, if
4 You own or manage a farm, forest, nursery, or greenhouse
where pesticides are used in the production of agricultural
plants.
4 You hire or contract for the services of agricultural workers to
do tasks related to the production of agricultural plants on a
farm, forest, nursery, or greenhouse.
^ You operate a business in which you (or people you employ)
apply pesticides that are used for the production of agricultural
plants on any farm, forest, nursery, or greenhouse.
4 You operate a business in which you (or people you employ)
perform tasks as a crop advisor on any farm, forest, nursery, or
greenhouse.
Bulletin for Users of Agricultural Pesticides
-------
This Bulletin
explains when you
need to comply with
the new and
expanded
provisions of
the EPA Worker
Protection
Standard (WPS).
The WPS will be
phased into effect,
to allow time for
employers to learn
about the changes
and make plans to
comply.
The EPA is
preparing a
complete manual
on the WPS for
agricultural
employers: "The
Worker Protection
Standard for
Agricultural
Pesticides --
How To Comply."
The manual will be
available in April
1993. Call the
EPA Occupational
Safety Branch for
ordering information.
{703} 305-7666.
Revised Worker Protection Standard
In August 1992, the Environmental Protection Agency (EPA)
revised its Worker Protection Standard (WPS) for Agricultural
Pesticides.
Not All Provisions Take Effect Right Away
« You need not comply with many parts of the WPS until
April 15, 1994. (Page 4.)
• You must comply with some parts of the revised WPS
as soon as you use a pesticide that refers to the WPS in
the Agricultural Use Requirements box on its label.
(Page 3 and pages 5-8.)
Labels of agricultural pesticides will require compliance with the
WPS. These labels will begin to appear after April 1993 as
pesticide companies modify their labels to include WPS
requirements. These labels will contain statements referring to
the revised WPS.
Expanded WPS Scope and Requirements
The revised WPS 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.
The WPS extends requirements for * Warnings about applications
* Use of personal protective equipment and «• Restrictions on
entry to treated areas.
New WPS Provisions
The revised Worker Protection Standard adds new provisions for
* Decontamination •» Emergency assistance * Pesticide safety
training » Maintaining contact with handlers of highly toxic
pesticides
Bulletin for Users of Agricultural Pesticides Page 2
-------
This Quick
Reference Guide
does not include
exceptions that
may permit you to
do less or options
that may involve
different require-
ments. These
exceptions are
described in
pages 5-8 of this
Bulletin. For more
information, see the
EPA manual
"The Worker
Protection Standard
for Agricultural
Pesticides -
How To Comply."
Key words in the
WPS have specific
meanings. The
definitions here
are abbreviated.
For complete
definitions, see
"The Worker
Protection Standard
for Agricultural
Pesticides --
How To Comply."
Quick Reference Guide To WPS Requirements
April 21, 1993 - April 15, 1994
This page presents the maximum Federal requirements for the
parts of the 1992 Worker Protection Standard (WPS) that you
must comply with between April 21, 1993, and April 15, 1994.
These provisions are referred to as the WPS "accelerated
provisions." On and after April 15, 1994, you must comply with
ALL the 1992 WPS requirements.
You will be in compliance with the accelerated provisions of the
1992 WPS if you make sure the requirements listed below are
met. You must comply with all other directions and require-
ments specified on the pesticide labeling.
» Personal Protective Equipment (PPE): Make sure all
pesticide handlers wear the PPE required on the pesticide
labeling for the handling task being performed. (Page 5)
* Restricted-Entry Intervals (REIs): During any REI, do not
allow workers to enter a treated area. (Page 6)
* Notice About Applications: Orally warn workers and post
treated areas if required on the pesticide labeling. (Page 5)
* Post warning signs at entrances to treated areas.
» Orally warn workers of * location and description of
treated area * REI and # not to enter during REI.
Kev WPS Definitions
Pesticide handlers, in general, mix, load, apply, or do other
tasks that bring them into direct contact with pesticides.
Restricted-entry interval is the time after the end of a pesticide
application during which entry into the treated area is limited.
Treated area is any area to which a pesticide is being directed or
has been directed.
Workers, in general, do (1) hand labor tasks, such as weeding,
planting, cultivating, and harvesting, or (2) other tasks involved
in the production of agricultural plants, such as operating or
moving irrigation equipment.
Bulletin for Users of Agricultural Pesticides Page 3
-------
Many of the WPS
provisions do not go
into effect until
April 15, 1994, to
allow employers
time to learn about
the requirements
and make
arrangements to
comply.
* However, prior to
April 15, 1994,
employers must
assure that all
labeling-required
PPE is worn, even
though they are
not required to
provide, clean, or
maintain the PPE
until April 15,
1994.
WPS Requirements
On And After April 15, 1994
In general, the Worker Protection Standard (WPS) provisions that
go into effect on April 15, 1994, include
» Display of information at a central location, including WPS
safety poster, information about the location of emergency
medical facilities, and a list of recent pesticide applications.
* Pesticide safety training.
» Decontamination sites.
» Employer information exchange between employers of
agricultural workers (i.e., growers) and employers of
commercial (for-hire) pesticide handlers.
« Emergency assistance, including transportation to medical care
and information to medical personnel or your employees.
» Notice of applications, for products that allow a choice of
warning workers orally or by posting treated areas.
* Monitoring of handlers who are using highly toxic pesticides.
» Specific instructions for handlers, including labeling
information and safe operation of application equipment.
» Equipment safety, including inspection and maintenance.
* Many duties related to personal protective equipment
(PPE),* including providing, cleaning, and maintaining it,
preventing heat illness, and allowing exceptions to PPE.
» Many duties related to early entry, including training and
instruction, decontamination sites, and providing, cleaning, and
maintaining personal protective equipment*.
« Special application restrictions in nurseries and
greenhouses.
Bulletin for Users of Agricultural Pesticides Page 4
-------
WPS Accelerated Requirements: Detailed Information
LABEL REQUIREMENTS
As soon as you use, in the production of
agricultural plants, a pesticide with the Worker
Protection Standard (WPS) reference
statements on the pesticide label, you must
comply with the following requirements, if they
are listed on the pesticide label:
» Personal protective equipment (PPE).
» Double notification (a requirement on some
labels to provide oral warnings to your
workers AND post warning signs at
entrances to treated areas).
» Restricted-entry intervals.
The Worker Protection Standard
-------
WPS Accelerated Requirements: Detailed Information
pesticide application or while the restricted-
entry interval is in effect.
* No workers will be in the greenhouse during
the pesticide application or while the
restricted-entry interval is in effect there.
» The only workers for whom you need to
post applied (or supervised the application
of) the pesticide and are aware of all of the
information required to be given in the oral
warning.
based on the toxicity of the product active
ingredient.
While warnings are encouraged for all parsons
who may be exposed to pesticides, owners of
farms, forests, nurseries, and greenhouses are
NOT required to orally warn members of their
immediate families, They also need not post
entrances to treated areas if the only workers
who may come close enough to the treated
area to cause the posting to be required are
members of their immediate family. For more
information about the exemption for
agricultural owners and their families, see
"The Worker 'Protection Standard for
Agricultural Pesticides - How To Comply,"
Until April 15, 1994, you may use any sign
that clearly tells workers to keep out of the
treated; area. By Apnf 15, 1994, signs must
be of the design and meet the criteria required
by the WPS, Such signs should be available
from the major agricultural sign producers.
RESTRICTED-ENTRY INTERVALS
In general, you must keep workers out of a
treated area during the restricted-entry interval
(RED. The REI is the time after the end of a
pesticide application during which entry into
the treated area is limited. In general, REIs are
Some pesticide labels require a long REI for
arid areas. A label might say, for example;
"72 hours tn outdoor areas where average
annual rainfall is less than 25 inches a year."
You can get information on average annual
rainfall for your area from any nearby weather
bureau, such as one located at a local airport
or one affiliated with the National Oceano-
graphic and Atmospheric Administration, .
In general, an REI has only two types of
exceptions: (1) early entry with no contact and
(2) early entry with contact for short-term,
emergency, or specially excepted tasks. No-
contact early entry -- After any inhalation
exposure level listed on the product labeling
has been reached or any WPS ventilation
criteria have been met, you may permit
workers into a treated area during an REI if
they will NOT touch or be touched by any
pesticide residues. (Note: Avoiding contact by
using personal protective equipment does NOT
qualify as "no contact.")
Early entry with no contact: You may permit
workers into a treated area (after any inhalation
exposure level or ventilation criteria has been
met) during an REI if they will NOT touch or be
touched by any pesticide residues, including
» On plants, including both agricultural plants
and weeds.
• In soil or planting medium.
* In water, such as irrigation water or water
standing in drainage ditches or puddles.
» In air, if pesticide remains suspended after
application, such as after fumigation or after
a smoke, mist, fog, or aerosol application.
Bulletin for Users of Agricultural Pesticides Page 6
-------
WPS Accelerated Requirements: Detailed Information
The following are examples of situations where
a worker would NOT be expected to contact
pesticide residues in a treated area after
sprays, dusts, and vapors have settled out of
the air:
* The worker is wearing footwear and is
walking in aisles or on roads, footpaths, or
other pathways through the treated area
where the plants or other treated surfaces
cannot brush against the worker and cannot
drop or drip pesticides onto the worker.
* The worker is in an open-cab vehicle in a
treated area where the plants cannot brush
against the worker and cannot drop or drip
pesticide onto the worker.
» After a pesticide application that is
incorporated or injected into the soil, the
worker is performing tasks that do not
involve touching or disrupting the soil
subsurface.
» The worker is in an enclosed cab on a truck,
tractor, or other vehicle.
No-contact early-entry workers do NOT have
to wear the PPE required on the pesticide
labeling for early entry with contact.
Early entry with contact -- If workers will
contact anything that has been treated with the
pesticide to which the restricted-entry interval
applies, you may permit them to enter
pesticide-treated areas in only three work
situations:
« Short-term tasks that last less than 1 hour
and do not involve hand labor.
+ Specific tasks approved by EPA through a
formal exception process.
+ Emergency tasks that take place because of
an agricultural emergency.
Short-term tasks with no hand labor: Workers
may enter treated areas before the restricted-
entry interval is over to do short-term jobs that
do not involve hand labor, if they wear the PPE
required on the pesticide labeling for early
entry.
Examples of short-term tasks NOT considered
hand labor include operating, moving, or
repairing irrigation or watering equipment not
used to apply pesticides.
You must make sure each worker
» Waits at least 4 hours after the pesticide
application is completed before entering the
treated area, AND
• Waits at least until any inhalation exposure
level listed on the pesticide labeling has been
reached, AND
* Spends no more than 1 hour in a 24-hour
period on short-term early-entry tasks.
Entering either enclosed or outdoor fumigated
dreds to ventilate, remove coverings used in
the fumigation, such as.tarpa, or measure air
concentration levels i$ a handling task, not
early, entry, Only appropriately equipped
handlers can perform such tasks.
EPA-approved exceptions: EPA has established
a formal regulatory process for considering
additional exceptions to the restrictions on
entering treated areas during an REI. If any
such exceptions are approved, EPA will publish
them in the Federal Register and intends to
inform State and Tribal pesticide agencies, the
Cooperative Extension Service, affected
commodity, industry, and worker associations,
and other interested parties. Check with them
or the EPA office in your region for an updated
list of approved exceptions and for information
about the requirements and limitations of those
exceptions.
Bulletin for Users of Agricultural Pesticides Page 7
-------
WPS Accelerated Requirements: Detailed Information
Tasks during an agricultural emergency: You
may allow workers to enter treated areas
before the restricted-entry interval is over to
perform tasks that are necessary because of an
agricultural emergency (described below), if
you make sure they wear the PPE required on
the pesticide labeling for early entry. You must
make sure each worker
» Performs only those tasks required by the
emergency, AND
» Waits at least 4 hours after the pesticide
application is completed before entering the
treated area, AND
» Waits at least until any inhalation exposure
level listed on the pesticide labeling has been
reached or any WPS ventilation criteria have
been met.
WHAT IS AN AGRICULTURAL EMERGENCY?
Declaring A Potential Agricultural Emergency:
A State, Tribal, or Federal agency having
jurisdiction must declare that circumstances
exist, have occurred, or are forecast that might
cause an agricultural emergency where your
establishment is located. Such circumstances
may include, for example, flooding, hail, high
winds, hurricane, tornado, freeze, or frost.
Agricultural Emergency On Your Establishment:
Once such an agency has declared that
circumstances might cause (or might already
have caused) an agricultural emergency in your
area, you must decide if an agricultural
emergency actually exists for any treated areas
on your establishment that remain under a
restricted-entry interval.
All of the following conditions must be met
before you may let workers go into a treated
area where a restricted-entry interval is in
effect:
* You could not have anticipated the
circumstances that led to the emergency
when you made the pesticide application.
For example, you do not qualify if weather
forecasts before the application warned that
the emergency was imminent.
» You had no control over the circumstances
that led to the emergency. For example, you
do not qualify if you failed to heat your
greenhouse or over-watered with an
irrigation system.
* Early entry is the only practice that will
prevent or reduce a substantial economic
loss involving the crop in that treated area.
For example, you do not qualify if you have
access to mechanical harvesting equipment
that could harvest your crop in lieu of hand-
harvesting.
« If early entry does not occur, the loss of
profit will be greater than the loss that
would be expected on the basis of
experience and the variation in crop yields in
previous years. The contribution of
mismanagement cannot be considered in
determining the loss.
"THE WORKER PROTECTION STANDARD FOR
AGRICULTURAL PESTICIDES -- HOW TO
COMPLY"
The EPA is preparing a complete manual on the
WPS for agricultural employers: "The Worker
Protection Standard for Agricultural Pesticides
-- How To Comply." The manual will be
available in April 1993. Call the EPA
Occupational Safety Branch for ordering
information. (703) 305-7666.
Bulletin for Users of Agricultural Pesticides Page 8
------- |