United States         Office of Regulatory  EPA 300-B-97-001
Environmental Protection  Enforcement (7203)   September 1997
Agency
   Worker Protection
   Inspection Guidance

-------
                                  Acknowledgements

Science Applications International Corporation (SAIC) assisted in the revision of this Inspection
Guidance in close coordination with and on behalf of the Agriculture and Ecosystems Division of
the Office of Regulatory Enforcement. This work was conducted under Work Assignment III-9 of
EPA Contract 68-D4-0098.

-------
                                                                      Table of Contents
                              Table of Contents
CHAPTER I.  BACKGROUND ON THE WORKER PROTECTION STANDARD

     Introduction	  1-1
     The Revised Worker Protection Standard  	  1-2
     EPA Authority  	  1-2
     Pesticide Labeling Requirements; 40 CFR Part 156, Subpart K  	  1-3
          Reference Statement  	  1-4
          Application Restriction  	  1-4
          Product-Type Identification	  1-4
          State Restrictions	  1-5
          Bilingual (English and Spanish) Warning Statements	  1-5
          Product-Specific Statement	  1-6
     The Worker Protection Standard; 40 CFR Part 170	  1-6
          Exceptions for Workers, Handlers, and Crop Advisors	  1-6
CHAPTER II.  COMPLIANCE MONITORING AND ENFORCEMENT APPROACH

Section 1. Summary of Effective Dates

     Introduction	  II-l
     Registrants' Implementation Schedule	  II-l
          PRNotice 93-11	  II-l
          PRNotice 95-5	  II-2
     Pesticide Users' Compliance Schedule	  II-4

Section 2. Inspection Protection Inspection Strategy

     Introduction	  II-7
     Compliance Assistance	  II-7
     Routine Inspections	  II-8
          Routine Registrant/ Producer Establishment Inspections 	  II-9
          Routine Marketplace/ Dealer Inspection	  II-9
          Routine Use Inspections  	  II-9
          Core vs. Comprehensive Questions for Use Inspections	  II-9
          Targeted Inspections  	  11-10
          Overview of Risk-Based Targeting Approach	  11-10
          Specific Factors to Consider When Developing a Risk-Based (R-B) Targeting
          Approach 	  11-11
Worker Protection Inspection Guidance                                              Page i

-------
Table of Contents
CHAPTER III.  SPECIFICS OF THE INSPECTION PROCESS

     Introduction	III-l

Section 1. Registrant/Producer/Marketplace/Dealer Establishment Inspections

     Introduction	III-2
     Summary of On-Site Activities	III-2
          Conduct Labeling Review	III-2
     Requirements Based on 40 CFR Part 156, Subpart K 	III-3
          Issue Stop Sale, Use, or Removal Order (SSUROs)	111-14
          Compliance Assistance 	111-15
     Prepare Inspection Report	111-16
     How to Use Inspection Checklist	111-17

Section 2. Use Inspections

     Introduction	111-18
     Authority	111-18
     Summary of On-Site Activities	111-19
          Conduct the Inspection 	111-19
          Requirements Based on 40 CFR Part 170	111-20
          Notification and Posting of Application 	111-20
          Application and Entry Restrictions 	111-22
          Personal Protective Equipment (PPE) and Pesticide
            Handling Equipment 	111-28
          Pesticide Safety Training	111-32
          Pesticide Safety Information	111-35
          Decontamination Requirements for Handlers and
            Early-Entry Workers 	111-38
          Emergency Assistance	111-40
          Data Collection Methods	111-40
          Issue Stop Sale, Use, or Removal Order (SSURO)	111-41
          Compliance Assistance 	111-41
     Prepare Inspection Report	111-41
     Use Inspection Checklists	111-41
Page ii                                              Worker Protection Inspection Guidance

-------
                                                                    Table of Contents
                                  Appendices




Appendix A. Key Definitions




Appendix B. Risk-Based Targeting Matrices and Examples




Appendix C. WPS Active Ingredient List




Appendix D. Inspection Checklists




Appendix E. Sample Label




Appendix F. PR Notice 93-11




Appendix G. PR Notice 95-5
Worker Protection Inspection Guidance                                           Page Hi

-------
Chapter I.  Background on the
 Worker Protection Standard

-------
Chapter I	Background on the Worker Protection Standard

IntrodUCtJOn         The EPA Worker Protection Inspection Guidance Manual has been
                        primarily developed for three reasons:  1) to provide state inspectors and
                        regional personnel engaged in worker protection investigations with
                        specific guidelines on how to conduct Federal worker protection
                        inspections, 2) to provide State personnel with an overview of EPA's
                        worker protection regulations promulgated in August of 1992, and 3) to
                        provide guidance on how to verify compliance with these requirements.
                        This revision of the guidance was made to reflect new regulatory actions
                        issued by the EPA in response to concerns expressed by farm workers
                        groups and grower groups.

                        Included in this guidance is a risk-based targeting inspection scheme
                        (see pages II-8 - II-11 and Appendix B), which provides specific factors
                        such as product toxicity, crops grown, worker exposure, compliance
                        history, etc., to take into consideration when selecting priority sites for
                        inspections.

                        For worker protection inspections, checklists have been provided in
                        Appendix D. These checklists are highly recommended for use by State
                        and Regional personnel while conducting worker protection inspections.
                        Separate checklists are provided for each type of worker protection
                        inspection, such as a registrant/producer/market place/dealer
                        establishment inspections, a Farms/Greenhouses/Nurseries/Forests
                        "Core" checklist for Routine inspections and a Farms/Greenhouses/
                        Nurseries/Forests comprehensive checklist.  The questions in the Core
                        checklist address essential worker protection provisions which should be
                        addressed in every Routine Use Inspection.  The questions on the
                        comprehensive use checklists should be addressed if the inspector is
                        conducting a comprehensive worker protection inspection. EPA
                        recommends that a comprehensive worker protection inspection be
                        conducted if the inspection was targeted specifically to  ensure
                        compliance with WPS (as opposed to being a Routine inspection) or if
                        the inspectors suspects non-compliance with the WPS based  on
                        answering the CORE questions. The page numbers on  the checklists
                        refer to the Worker Protection Field Pocket Guide.

                        Except for the checklists, EPA's worker protection manual has been
                        designed primarily for office use, prior to initiation of an inspection. In
                        addition to this specific worker protection inspection guidance
                        document, general pesticide inspection guidance can be found in EPA's
                        national pesticide inspection manual.

                        EPA also developed a handy Worker Protection Inspection Pocket
                        Guide, which was designed to be carried in the field. The Pocket Guide
                        will serve as a quick reference guide which contains a summary of key
                        worker protection provisions found in the worker protection inspection
                        manual.
Worker Protection Inspection Guidance                                               Page 1-1

-------
Background on the Worker Protection Standard
                                                          Chapter I
The Revised
Worker
Protection
Standard
The Environmental Protection Agency (EPA) revised its Worker
Protection Standard (WPS) issued under the Federal Insecticide
Fungicide and Rodenticide Act (FIFRA) for agriculture pesticides in
August, 1992 to reduce the risks of illness or injury resulting from
worker pesticide exposure in agricultural production. 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 provisions for decontamination, emergency
assistance, maintaining contact with handlers of highly toxic pesticides,
and pesticide safety training. In May, 1995, and June, 1996, EPA issued
regulatory actions to revise the  1992 WPS. These actions shorten the
time period before employers must provide safety training to pesticide
workers to 5 days, provide exemptions to certain requirements for crop
advisors, allow exceptions to early entry restrictions for irrigation and
limited contact activities, alter the restricted entry interval and
decontamination supply requirements for certain active ingredients of
low toxicity, and alter the language and size requirements for pesticide
application warning signs. EPA has deemed these changes necessary
based on comments and concerns expressed by the regulated community.
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 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
                        Pesticide registrants are required by regulation to include certain
                        statements on all pesticide product labels. These statements give
Page 1-2
                               Worker Protection Inspection Guidance

-------
Chapter I
                       Background on the Worker Protection Standard
Pesticide
Labeling
Requirements;
40 CFR part
156, sub-part K
directions for use of the pesticides in the production of any agricultural
plant on any agricultural establishment. These changes are specified in a
separate rule published at the same time as the Worker Protection
Standard:  sub-part K of 40 CFR part 156, Labeling Requirements for
Pesticides and Devices.  The changes must appear on all products
labeled for use in producing agricultural plants on farms, forests,
nurseries, or greenhouses.  Registrants must comply with EPA PR
Notices 93-7 and 93-11 when making these changes. (See Appendix
F).

The product compliance dates are as follows:

•  No products bearing the WPS-required statements may be sold or
   distributed before April 21,1993.

•  All affected products sold or distributed by registrants after April
   21,1994 were required to have revised labeling with the WPS-
   required statements  or comply with EPA PR Notices 93-7 and 93-
   11).

•  All affected products sold or distributed by anyone after October
   23,1995 were required to bear the revised labeling with the WPS-
   required statements. To assist registrants and pesticide wholesalers
   and retailers in meeting this deadline, the EPA issued PR Notice 95-
   5 (September 28,  1995). PR Notice 95-5  outlines how to recognize
   product labels that must be ammended to comply with the WPS, how
   to revise product labels for both Special and regular pesticide
   products, waivers of submission of compliant ammended and final
   printed labeling, and the deadline for final product relabeling (See
   Appendix F).

The labeling requirements under 40 CFR part 156. subpart K:

•  WPS reference statement

•  application restrictions

•  product-type identification

   state restrictions

•  bilingual (English and Spanish) warning statements

•  product-specific statements, including restricted-entry intervals,
   notification to workers statements, personal protective equipment.

Each of these is discussed on the following pages.
Worker Protection Inspection Guidance
                                                         Page 1-3

-------
Background on the Worker Protection Standard
                                                        Chapter I
Reference
Statement
All affected product labels must include a reference statement requiring
users to comply with the Worker Protection Standard (40 CFR part 170).
The citing of the Standard on the label is historically significant in that it
is the first time a regulation has been so incorporated. The statement
should be placed on the product label under the heading "Agricultural
Use Requirements."
                                   AGRICULTURAL USE REQUIREMENTS
                        Although the Standard itself is not reprinted on the labeling, users are
                        responsible for becoming informed and complying with it.
Application
Restriction
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."
                                             DIRECTIONS FOR USE
                          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.
Product-Type
Identification
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 STATEMENT OF
PRACTICAL TREATMENT or FIRST AID 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.
State Restrictions
Each product must include a statement that references state restrictions.
Page 1-4
                              Worker Protection Inspection Guidance

-------
Chapter I
                       Background on the Worker Protection Standard
                                             DIRECTIONS FOR USE
                          For any requirements specific to your State, consult the agency in your
                          State responsible for pesticide regulation.
Bilingual (English
and Spanish)
Warning
Statements
If the product is classified as toxicity category I or toxicity category II,
then the signal words "danger" and "warning" are required.  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. Table 1.1
provides an example of the wording required.

             Table 1.1 Spanish Warning Statements
Labeling Requirements
Spanish Signal Word
English Signal Word
Spanish Statement
English Statement
Toxicity Category I
Peligro
Danger
Toxicity Category II
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.
Worker Protection Inspection Guidance
                                                        Page 1-5

-------
Background on the Worker Protection Standard
                                                         Chapter I
Product-Specific
Statement
All affected product labels must inform users of product specific
requirements related to personal protective equipment, restricted-entry
intervals, and/or notification to workers.
                                      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
The Worker
Protection
Standard;
40 CFR part
170
The provisions in the revised Worker Protection Standard apply not only
to agricultural workers, as the previous rule did, but also to pesticide
handlers and crop advisors.  The 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 to,
food, feed, and fiber plants; trees; turf grass; flowers, shrubs;
ornamentals; and seedlings.
Exceptions for
Workers,
Handlers, and
Crop Advisors
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 Standard. The 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

•   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.)
Page 1-6
                               Worker Protection Inspection Guidance

-------
Chapter I	Background on the Worker Protection Standard

                         •   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 of the WPS does not apply when the pesticide is
                         applied on an agricultural establishment by injection directly into
                         agricultural plants (direct injection does not include chemigation, soil-
                         incorporation, or soil injection, etc.). Knowledgeable and experienced
                         crop advisors are also exempted from the requirements for personal
                         protection equipment (PPE) (170.240), knowledge of labeling and site-
                         specific information (170.232), decontamination (170.150 and 170.250)
                         and emergency assistance (170.160 and 170.260).

                         Some States, Tribes or local governments with jurisdiction over
                         pesticide enforcement may have additional worker protection
                         requirements beyond the requirements described in the federal manual.
                         (Please refer to your state regulations, where applicable, for additional
                         requirements.)
Worker Protection Inspection Guidance                                               Page 1-7

-------
             Chapter II.



Section 1. Summary of Effective Dates

-------
Chapter II
                                 Section I.  Summary of Effective Dates
Introduction
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
                     April 21, 1993
                 No products bearing the WPS-required statements may be sold
                 or distributed before April 21, 1993.
                 During routine inspections after April 21, 1993, the inspector
                 should verify that labels are in compliance.	
                     April 21, 1994
                 All affected products sold or distributed by registrants after
                 April 21, 1994 must bear revised labeling with the WPS-
                 required statements, or with labeling options provided in PR
                 Notice 93-11.
                 During registrant inspections after April 21, 1994, inspectors
                 should verify that product labels are in compliance.	
                     October 23, 1995
                 All affected products sold or distributed by anyone after
                 October 23, 1995 must bear the revised labeling with the WPS-
                 required statements.
                 During marketplace inspections after October 23, 1995,
                 inspectors should verify that product labels are in compliance.
                     October 23, 1996
                 All products within the scope of the WPS must bear final
                 printed WPS replacement labeling.	
            : Please reference Appendix F, PR-Notice 93-11, for more specific
             information on registrant labeling options.
PR Notice 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 gave
registrants specific instructions for making WPS-required label changes.
In August, 1993, the EPA issued PRN 93-11 and an attached 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.

Inspections should be conducted by State, Tribal, and Regional
personnel to ensure that all affected products sold or distributed be the
registrant, any supplementally registered distributor, or by any
Worker Protection Inspection Guidance
                                                            Page II-l

-------
Section 1.  Summary of Effective Dates	Chapter II

                        repackager under the Agency's Bulk Repackaging Policy, bear one of
                        the following types of WPS labeling:

                        •   Full EPA-accepted final labeling

                        •   Interim labeling

                            Generic supplemental WPS labeling

                        Interim labeling consists of a sticker plus product-specific replacement
                        labeling.  Stickers on products would require compliance with a
                        replacement label.  The replacement label should accompany the
                        stickered product at every stage of distribution. Once a product has been
                        correctly interim-labeled, it may be sold or distributed by anyone
                        without time limit.

                        Registrants selling or distributing products without WPS labeling elected
                        must comply with the "release-for-shipment" option described in PR
                        Notice 93-11. The  "release-for-shipment" option allows registrants to
                        release  a product for shipment before January 1, 1994. When these
                        products are sold or distributed after April 21, 1994, however, the
                        registrant must notify EPA, notify purchasers, and offer to relabel or
                        recall product that does not bear new labeling by October 23, 1995, and
                        make available Generic WPS Supplemental Labeling for distribution
                        when the product is sold.
                        Appendix F contains copies of PRNs 93-7 and 93-11.
PR Notice 95-5        After October 23, 1995, all products within the scope of this notice were
                        required to bear WPS PR Notice complying labeling when they are
                        stocked, distributed, or sold. To meet this deadline, the EPA issued PR
                        Notice 95-5 to retailers and distributors of agricultural pesticides to
                        provide guidance on how to bring all applicable product labels into
                        compliance with WPS requirements so that such products could be sold
                        and distributed after October 23, 1996.

                        When inspections are conducted by state, tribal, and regional personnel,
                        inspectors need first to determine whether products have WPS required
                        labeling.  All WPS compliant labeling will contain an Agricultural Use
                        Requirements box on the label.  No further action is required if such a
                        box exists on a label.  If the box is not on the label, an inspector must
                        then determine whether the product is within the scope of the WPS, and
                        therefore, requires WPS labeling. In some cases, an inspector may be
                        able to quickly identify a product that requires WPS labeling because
                        other containers of the same product, that have been produced more
                        recently, will bear the following:


Worker Protection Inspection Guidance                                              Page 11-2

-------
Chapter II	Section I.  Summary of Effective Dates

                        •   Labeling with an Agricultural Use Requirements box that refers to
                            the WPS, or

                        •   Stickers referring to supplemental replacement labeling which
                            contains such an Agricultural Use Requirements box.

                        Products accompanied only by generic supplemental labeling as outlined
                        in PR Notice 93-11  are not considered labeled in compliance with the
                        WPS provisions after October 23, 1995.  Products that do bear
                        complying WPS labeling include those relabeled in accordance with
                        Supplement D of PR Notice 93-11 (by using a sticker or similar
                        modification to an existing label and full product-specific labeling
                        referenced by the sticker).

                        To determine whether any product is within the scope of the WPS, refer
                        to Attachment 2 of PR Notice 95-5, included as Attachment G, or
                        contact the registrant of the product.

                        Products that have been relabeled are in compliance with this PR Notice
                        if they bear one of the following types of WPS labeling:

                        •   Final printed WPS-complying replacement labeling,

                            Supplemental product-specific labeling, in one of two formats:

                            ••  A single product supplement that contains labeling information
                               for only the specific product the end-user is buying, or

                            ••  A multi-product supplement that contains labeling information
                               for all products for a specific registrant.

                        If supplemental product-specific labeling is used, a "STOP sticker" must
                        be applied only to those products that bear a label that has not been
                        revised to comply with complete WPS requirements.

                        The regulations described in PR Notice 95-5 permit products to be sold
                        or distributed with supplemental labeling only until October 23, 1996.
                        After this date only products with final printed WPS-complying labels
                        may be sold or distributed.

                        Orphaned or canceled products may be sold after October 23, 1995
                        provided they are labeled with a "STOP sticker" and generic
                        supplemental labeling that is provided when the product is being offered
                        for sale to the end-user of the product. Requirements for generic
                        supplemental labeling are provided in Appendix G.
Worker Protection Inspection Guidance                                              Page II-3

-------
Section 1. Summary of Effective Dates
                                                            Chapter II
                          Dormant products (products where no quantity has been produced and
                          distributed after April 21, 1994 and for which the registrant has elected
                          to defer labeling amendments) must not be sold after October 23, 1995.
                          For these products a registrant may:

                          •    Relabel with product-specific labeling to include the WPS
                              requirements,

                          •    Relabel with a non-WPS label after amending the product
                              registration to remove any WPS  uses, or

                          •    Voluntarily cancel the registration of the product and follow all of
                              the requirements for generic labeling.
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
                        Not allowed to
                        appear on labels
                        before April 21, 1993
                  Product-specific WPS requirements will be enforceable when
                  they appear on pesticide labels (no sooner than April 21,
                  1993). 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 will be enforceable on and after April
                  15, 1994 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.	
                          Accelerated provisions. The implementation of the Standard is to be
                          phased over a two year period. After April 21, 1993 agricultural
                          pesticides may begin to have statements referencing the Worker
                          Protection Standard. As soon as a pesticide with statements referencing
                          the WPS in the "Agricultural Use Requirements" portion of the label is
                          purchased, users must comply with at least some parts of the WPS.
Worker Protection Inspection Guidance
                                                            Page 11-4

-------
Chapter II	Section I. Summary of Effective Dates

                        After April 15, 1994, users must comply with all of the WPS
                        requirements.

                        Beginning April 21. 1993. users must comply with product-specific
                        requirements when statements referencing the WPS appear on the
                        product label.

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

                        •   Double Notification ~ Employers must provide oral warnings to
                            workers AND post warning signs at entrances to treated areas when
                            the pesticide labeling requires double notification.

                        •   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 were 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,  and maintaining PPE; preventing heat illness; and
                            exceptions to PPE


Worker Protection Inspection Guidance                                               Page II-5

-------
Section 1.  Summary of Effective Dates	Chapter II

                            some of the duties related to early entry, including training and
                            instruction, decontamination sites, and providing, cleaning, and
                            maintaining PPE
Worker Protection Inspection Guidance                                               Page 11-6

-------
         Chapter II.
Section 2. Worker Protection
     Inspection Strategy

-------
Chapter II
                       Section 2.  Worker Protection Inspection Strategy
Introduction         The goal of the Compliance Monitoring Strategy for worker protection is
                         to achieve compliance through a mix of tools to ensure that the
                         registrants/producers, dealers/distributors, and users adhere to the
                         requirements set forth in the Worker Protection Standard.  This
                         inspection strategy recommends the use of activities which should help
                         prevent violations from occurring (i.e., provision of compliance
                         assistance) as well as traditional inspection activities designed to correct
                         and deter violations.

                         In addition, the goal of the 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 discussed in this document offers an
                         alternative, simply for consideration by the States/Tribes, for
                         targeting use and producer establishment inspections based on factors
                         more closely associated with exposure and a greater potential for risk.

                         Compliance with the regulations will be determined through inspections
                         of registrants and producing establishments, distributors, dealers,
                         retailers and users of agricultural pesticides. The details of each of these
                         inspections is covered in separate chapters in this manual.  The purpose
                         of this particular chapter is twofold:

                            To provide an overview of the worker protection inspection strategy
                            with regard to expectations for the provision of compliance
                            assistance, and the effective compliance dates associated with each
                            of the aforementioned inspections.

                         •   To provide an overview of an alternative approach for targeting use
                            and producer establishment inspections based on a combination of
                            risk factors.
Compliiance
Assistance
Inspectors should take advantage of routine inspections conducted under
the cooperative agreements to introduce the regulated community to the
provisions of the final rule before these requirements take effect.
Compliance assistance through inspections, in addition to other methods
of notification used by the Regions, States, Territories, and Tribes, is
essential 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 on 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.
Worker Protection Inspection Guidance
                                                           Page II-7

-------
Section 2.  Worker Protection Inspection Strategy
                                                         Chapter II
                        During these routine inspections, inspectors should provide information
                        to the regulated community which will help them understand and comply
                        with the rule. It is recommended that the individuals being inspected
                        receive a Compliance Assistance Packet, which could include:

                        •   fact sheets

                        •   a summary of the rule

                        •   the pamphlets for workers and handlers on their requirements of the
                            rule

                        •   PPE guidance brochures

                        Once the effective dates have passed, compliance assistance should still
                        be provided at least at the end of, or following, the completion of both
                        routine and targeted inspections in order to inform the regulated
                        community of the 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
                        Worker Protection Standard (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 users are following the label directions.
Inspectors should also provide compliance assistance.

The following paragraphs simply provide an overview of the effective
dates for compliance associated with each type of routine inspection.
Separate chapters are provided in this manual detailing the requirements
which must be checked for each type of inspection and providing
specialized inspection checklists.
Routine
Registrant/
Producer
Establishment
Inspections
Registrants/producers, including supplemental registrants, have until
April 21, 1994, to make labeling changes, except as provided in PR
notice 93-11. 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.
Page II-8
                               Worker Protection Inspection Guidance

-------
Chapter II
                      Section 2.  Worker Protection Inspection Strategy
                        Products with the revised labeling must have all the required elements
                        (i.e., proper PPE statements, restricted entry intervals, etc. as discussed
                        in other chapters of this manual).  Questions regarding the adequacy of
                        any revised labeling should be discussed with the appropriate EPA
                        Regional office.
Routine
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.

After October 23, 1996, products (other than orphaned or cancelled
products) stickered under PR Notice 95-5 cannot be sold unless they are
relabeled with final WPS-complying labeling or the interim WPS-
complying labeling described in PR Notice 93-11.  During routine
inspections of marketplaces and dealers, inspectors should monitor for
compliance with labeling requirements.
Routine Use
Inspections
After April 15, 1994, 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 revised in August, 1992, May,  1995,
and July, 1996.
Core vs
Comprehensive
Questions
For Use
Inspections
For worker protection use inspections, two checklists have been
developed, a Farms/Greenhouses/Nurseries/Forests "Core" checklist for
Routine inspections and a Farms/Greenhouses/Nurseries/Forests
Comprehensive checklist for Comprehensive inspections.  These
checklists  are provided in Appendix D.

The questions in the Core checklist address essential worker protection
provisions which should be addressed in every Routine use inspection to
ensure compliance with the basic components of the WPS. The
questions on the comprehensive checklist should be addressed if the
inspector is conducting a comprehensive worker protection inspection.
EPA recommends that a comprehensive worker protection inspection be
conducted if the inspection was targeted specifically to ensure
compliance with the WPS (a "for cause"  inspection) or if the inspector
suspects non-compliance with the WPS based on the answers to the
CORE questions.
Targeted
Inspections
States, tribes, and territories should verify compliance with the WPS
through both routine inspections and inspections specifically targeted to
Worker Protection Inspection Guidance
                                                         Page 11-9

-------
Section 2. Worker Protection Inspection Strategy
                                                         Chapter II
                         focus on worker protection activities (hereafter referred to as targeted
                         inspections).

                         Obviously, in order to complete targeted inspections, the first step is to
                         have in place a mechanism for targeting worker protection inspections.
                         OCM's Compliance Branch has prepared, for consideration by the
                         States/Tribes, a risk-based approach for targeting worker protection
                         inspections.

                         This is simply a recommended approach for targeting worker
                         protection inspections. Use of the particular risk-based matrix discussed
                         in this guidance (and provided in Appendix B) is not required, but rather
                         is provided as an optional strategy in developing WPS targeting. The
                         matrix provides another alternative for targeting worker protection
                         inspections.  In addition a state may revise the national risk-based
                         matrix, in order to incorporate specific data available within that state.
Overview of
Risk-Based
Targeting
Approach
A risk-based (R-B) matrix could be used by each state, for example, at
the beginning of each quarter (or other appropriate time frame) when the
state needs to select targets for worker protection inspections from a
broad universe of potential sites.
The risk-based (R-B) matrix would be used within the 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  be run through a risk-based matrix and
be assigned a priority level for inspection.

The goal of using a risk-based matrix is to place potential inspection
sites into one of three categories, based on high, medium, and 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.
Specific Factors to
Consider When
Developing a
Risk-Based (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, marketplace, and producer establishment
inspections. These factors include information concerning:

•   product toxicity
•   crop grown
•   production activity
•   worker exposure
•   historical problems with product
Page 11-10
                               Worker Protection Inspection Guidance

-------
Chapter II	Section 2. Worker Protection Inspection Strategy

                         •   previous compliance problems at the site
                         •   the number of workers employed
                            site type

                         The significance and type of product toxicity will vary, depending on
                         whether the inspection target audience is for affected workers or
                         pesticide handlers.  The toxicity 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 harvest method will help indicate the amount of hand labor involved
                         in harvest activities, and the level of exposure.  The degree of worker
                         exposure may also be affected by the total foliage area associated with a
                         particular crop; with a higher degree of exposure presented by crops
                         such as citrus fruits, and sugarcane.

                         Incidents caused by use of a particular product or active ingredient, such
                         as those which may be documented in a state's illness investigation
                         database, can also help prioritize risk-based inspections. Civil violations
                         or notices of noncompliance previously issued against a site, in
                         particular for misuse violations at farm sites, can also be an important
                         factor. The number of workers employed and the type of farm can also
                         indicate the degree of worker exposure. Greenhouses and nurseries,
                         which require more hand-labor, can pose greater worker exposure
                         conditions than those on forests and  farms. In addition, the larger the
                         number of workers employed at these establishments, the greater the
                         potential for a larger number of workers to be exposed.
                         Other risk-based targeting factors which regions and states should take
                         into consideration include:

                         •   volume and number of pesticides produced/used at site
                         •   level of PPE required (chemical suits, respirators)
                         •   restricted-entry interval (REI) length
                         •   worker communication, language barriers

                         Since many states and regional offices already have a pesticide data-base
                         inspection targeting system in place, it is recommended that state and
                         regional offices:

                         •   incorporate worker protection-specific factors into their scheme
                            based on available information

                         •   tailor targeting scheme to meet particular needs and local concerns

                         Office supervisors and field inspectors can share knowledge and past
                         experiences when determining which sites need to be prioritized for


Worker Protection Inspection Guidance                                              Page II-11

-------
Section 2. Worker Protection Inspection Strategy	Chapter II

                         investigation. In addition, a random sampling and inspection of low and
                         medium priority sites should also be conducted. A region or state may
                         also want to consider when the site was last inspected. Regardless of
                         how a state or region develops its risk-based targeting approach, the
                         system should be firmly established, and documented, in order to ensure
                         consistent and equitable implementation. Please refer to Appendix B for
                         specific Risk-Based Targeting Matrices and Examples.
Page 11-12                                              Worker Protection Inspection Guidance

-------
Chapter III. Specifics of the



    Inspection Process

-------
Chapter III
                                    Specifics of the Inspection Process
Introduction
This chapter addresses three different types of inspections:
registrant/producer/marketplace/dealer establishment inspections, and
use inspections.  For each of these, the pre-inspection activities and post-
inspection activities should be carried out as described in EPA's National
Pesticides Inspection Manual.  The pre- and post-inspection activities
will not be repeated in this manual.  Instead, this chapter focuses on a
detailed description of three main types of inspections as they relate to
the revised Worker Protection Standard for agricultural pesticides.
                                                    Chapter III

                            Section 1.  Registrant/Producer/Marketplace/Dealer
                            Establishment Inspections

                            Section 2.  Use Inspections
Worker Protection Inspection Guidance
                                                          Page III-l

-------
          Chapter III.

Section 1. Registrant/Producer/
        Marketplace/Dealer

   Establishment Inspections

-------
Section 1. Registrant/Producer/Marketplace/Dealer Establishment Inspections
                                                      Chapter III
Introduction
This section covers registrant and producer establishment inspections.
In general, these inspections are conducted to ensure that registrants,
producers, or other place where pesticides are held for distribution or
sale of are using labels, that comply with the WPS and EPA PR Notices
93-7 and 93-11 and maintaining accurate records.

Below is a summary of on-site activities. This section will focus on the
highlighted activities.  Detailed information on the other activities can be
found in EPA's National Pesticides Inspection Manual.
Summary of On-
Site Activities
                        ••  Present Credentials
                        ••  Issue Notice of Inspection
                        ••  Gain Consent
                        ••  Warrant for Entry (if necessary)

                        Data collection:

                        ••  Conduct the Opening Conference
                        ••  Scope of the Inspection
                        ••  Conduct the Inspection
                        ••  Conduct Labeling Review
                        ••  Requirements Based on 40 CFR part 156, subpart K
                        ••  Review Records
                        ••  Issue Stop Sale, Use, or Removal Order

                        Closing Conference:

                        ••  Conduct Closing Conference
                        ••  Submit Receipt for Samples
                        ••  Compliance Assistance
Conduct Labeling
Review
Comparison with EPA-Accepted Labels:

•  Review labels for a general comparison with the registered label.
   (Conduct detailed label review at the office.)

   Collect samples of the label (actual labels and photographs) and
   compare them to the EPA-accepted label.  If necessary, samples
   should be sent to EPA for comparison with the EPA-accepted label.

Bin Label Comparison.  The inspector may also compare "bin" labels to
labels from products that are packaged, labeled, and released for
shipment.  A "bin" label review can provide valuable background for
follow-up sampling at consignees and obtaining voluntary corrective
Page 111-2
                            Worker Protection Inspection Guidance

-------
Chapter III	Section 1.  Registrant/Producer/Marketplace/Dealer Establishment Inspections

                       action at the producer level.  However, official samples may only be
                       collected from products that are packaged, labeled, and released for
                       shipment, not from bin labels.
Requirements        Inspectors are required to check product labels for compliance with the
Based on 40 CFR     WPS labeling requirements found in 40 CFR part 156, subpart K. The
part 156, subpart     compliance dates for these requirements are as follows:
K
                       •   No products bearing the WPS-required statements may be sold or
                           distributed before April 21,1993.

                       •   All affected products sold or distributed by registrants after April
                           21,1994 must bear revised labeling with the WPS-required
                           statements. Please refer to Appendix F, PR-Notice 93-11 for
                           more specific information on registrant labeling options.

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

                       •   After October 23, 1996, products (other than orphaned or cancelled
                           products) stickered under PR Notice 95-5 cannot be sold unless they
                           are relabeled with final WPS-complying labeling or the interim
                           WPS-complying labeling described in PR Notice 93-11

                       Inspectors must be aware of the worker protection labeling
                       statements. These statements are identified on a sample pesticide
                       label on pages 111-13 to 111-15.

                       Application Statements.

                           Check for application statements under the heading DIRECTIONS
                           FOR USE.

                       •   This statement prohibits application of the product in any way that
                           will contact workers or other persons directly or through drift.
                       Reference Statements.

                       •   Verify that the 40 CFR part 170 reference statements are on the
                           product label as required.  They should appear at the beginning of
                           AGRICULTURAL USE REQUIREMENTS, under DIRECTIONS
                           FOR USE.
Worker Protection Inspection Guidance                                         Page III-3

-------
Section 1. Registrant/Producer/Marketplace/Dealer Establishment Inspections
                          Chapter III
                        •   This statement requires users to comply with the Worker Protection
                           Standard (40 CFR part 170).

                        Product-type identification statements.

                        •   Check for product-type identification statements required by the
                           revised Worker Protection Standard when the product:

                           ••   contains an organophosphate
                           ••   contains N-methyl carbamate
                           ••   is a fumigant

                        •   This may appear under the heading ACTIVE INGREDIENTS or
                           STATEMENT OF PRACTICAL TREATMENT.

                        State restrictions.

                        •   Check for statements referring to  State restrictions.  This appears
                           under the heading DIRECTIONS FOR USE.

                        •   Each user is responsible for complying with state-specific
                           regulations in addition to Federal  regulations.

                        Spanish warning statements.

                        •   Inspect label for Spanish warning statements for products classified
                           in toxicity category I and II.

                        •   For products classified in toxicity category I or II, the signal words
                           "danger" or "warning" are required. 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 signal word and message appear under the heading KEEP OUT
                           OF REACH OF CHILDREN.

                        A summary of the Spanish warning statements is shown in Table 3.1.

                                        Table 3.1  Spanish Warning Statements
Labeling Requirements
Spanish Signal Word
English Signal Word
Toxicity Category I
Peligro
Danger
Toxicity Category II
Aviso
Warning
Page 111-4
Worker Protection Inspection Guidance

-------
Chapter III
Section 1. Registrant/Producer/Marketplace/Dealer Establishment Inspections
Spanish Statement
English Statement
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.
                        Restricted-entry statements.

                        •   Check for restricted-entry statements on product label or labeling
                            under the heading AGRICULTURAL USE REQUIREMENTS
                            which is under DIRECTIONS FOR USE.

                        •   All agricultural pesticide labels must have a restricted-entry
                            statement, although the statement will vary depending on the toxicity
                            of the product.

                        A summary of general restricted-entry intervals is shown in Table 3.2.

                            Table 3.2 Restricted Entry Interval for Products Containing
                                               One Active Ingredient
Toxicity Category REI
I
II
III
IV
Low toxicity active ingredients
48 hours
24 hours
4 or 12 hours
4 or 12 hours
4 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.  For Toxicity Categories III and IV, entry is restricted for at least
                        12 hours.  Finally, EPA has determined that some pesticide active
                        ingredients originally listed in Categories III and IV pose minimal risk to
                        pesticide handlers and workers. These active ingredients that meet
                        predetermined additional criteria have a  reduced REI of 4 hours.

                        Exceptions /Variations:

                        •  If the active ingredient is an organophosphorus ester 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.
Worker Protection Inspection Guidance
                                                                Page 111-5

-------
Section 1. Registrant/Producer/Marketplace/Dealer Establishment Inspections	Chapter III

                        •  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 override any general REI.

                        •  Interim product-specific entry intervals should continue to apply
                           unless a longer REI is required based on the requirements in the Rule
                           (i.e., see Table 3.2).

                        •  In some product-specific cases, the REI may be longer than the
                           active ingredient toxicity category REI.

                        •  If an agricultural employer meets certain conditions, trained workers
                           in his/her employ may enter a treated area during a REI to operate,
                           move, or repair irrigation equipment (40 CFR part 170.112)

                        •  A trained worker may also enter a treated area during a REI to
                           perform limited contact activities.

                        Notification-to-workers statements.

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

                        •  If a product is highly toxic for acute dermal toxicity or skin irritation
                           potential, the label must require both oral and written warnings.

                        •  For any fumigant that may be used in a greenhouse, a statement on
                           the label requires users to notify workers by warning them orally and
                           by posting warning signs outside all entrances to the greenhouse.

                        Personal protective equipment statements.

                           Check for personal protective equipment (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.

                        A summary of PPE requirements is shown in Table 3.3.
Page 111-6                                          Worker Protection Inspection Guidance

-------
Chapter III	Section 1. Registrant/Producer/Marketplace/Dealer Establishment Inspections

    Table 3.3 Minimum PPE Requirements and Work Clothing for Handling Activities
Route of Exposure
Dermal Toxicity or Skin
Irritation Potential*
Inhalation Toxicity
Eye Irritation Potential
Toxicity Category of the End-Use Product
I
• Coveralls worn over
long-sleeved shirt
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
III
• Long-sleeved shirt
and long pants
• Socks
• Shoes
• Chemical resistant
gloves
No minimum
No minimum
IV
• Long-sleeved shirt
and long pants
• Socks
• Shoes
• No minimum
(gloves)
No minimum
No minimum
              If dermal toxicity and skin irritation are in different toxicity categories, protection
              shall be based on the more toxic (lower numbered) category.

                            Other PPE that may be required includes:

                            •• respiratory protection device
                            •• protective eyewear
                            •• headgear
                            •• an apron
                            •• chemical resistant suit

                            Some product labels already bear personal protective equipment
                            requirements that are more stringent than those set through the
                            Worker Protection Standard. These generally will be retained.

                        The Rule contains more detailed requirements for various PPE (e.g.,
                        chemical resistant gloves, respiratory protection devices).  These are
                        described below.

                        Chemical-resistant gloves. If chemical-resistant gloves are required, the
                        registrant must specify the glove type.

                        •   Solid formulations. For products formulated and applied as solids
                            and diluted solely with water for application, the glove statement
                            shall specify "waterproof gloves."

                        •   Aqueous-based formulations.  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. For products formulated or diluted with
                            liquids other than water, the glove statement shall specify "chemical-
                            resistant (such as nitrile or butyl) gloves."
Worker Protection Inspection Guidance
Page 111-7

-------
Section 1. Registrant/Producer/Marketplace/Dealer Establishment Inspections	Chapter III

                            Gaseous formulations and applications. For products formulated or
                            applied as gases, any existing glove statement shall apply. If no
                            glove statement exists, then the glove statement shall specify
                            "chemical-resistant (such as nitrile or butyl) gloves."

                        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 handlers on product labeling. 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.

                        •   Dust/mist filtering respirator with MSHA/NIOSH  approval number
                            prefix TC-21C

                        •   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 prefix number TC-14G

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

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

                            Gases applied outdoors.  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 prefix number
                            TC-14G"

                            Gases used in enclosed areas. For products that are formulated or
                            applied as a gas, and that may be used in a greenhouse or other
                            enclosed area, label shall specify "For handling activities in enclosed
                            areas, use either a supplied-air respirator with MSHA/NIOSH


Page 111-8                                           Worker Protection Inspection Guidance

-------
Chapter III	Section 1.  Registrant/Producer/Marketplace/Dealer Establishment Inspections

                            approval number prefix TC-19C or self-contained breathing
                            apparatus (SCBA) with MSHA/NIOSH approval number TC-13F."

                        •   Solids.  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 Toxicity Category I. 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
                            prefix number TC-14G."

                        •   Liquids in Toxicity Category II. 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 approved for
                            pesticides with MSHA/NIOSH approval number prefix TC-23C or
                            with a canister approved for pesticides with MSHA/NIOSH approval
                            prefix number 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 revised 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."

                        Additional PPE requirements for handlers. In addition to the minimum
                        personal protective equipment required in Table 3.3, the following
                        instructions may  apply.

                        •   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 handler, the
                            following statement shall appear. "Overhead Exposure:  wear
                            chemical-resistant headgear."

                        •   If any type of equipment  other than the product container may be
                            used to mix, load, or apply the product, and there is no requirement
Worker Protection Inspection Guidance                                           Page 111-9

-------
Section 1. Registrant/Producer/Marketplace/Dealer Establishment Inspections	Chapter III

                            for a chemical-resistant protective suit, the following statement shall
                            appear. "For Cleaning Equipment: add a chemical-resistant apron."

                        PPEfor early entry workers. Specific requirements for early entry
                        workers are as follows.

                        •   For all pesticide products, the following statement shall appear.  "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 handlers, but omit any respiratory
                            protection statement)."

                        •   If the body protection statement in the PPE statement for handlers
                            specifies a long-sleeved shirt and long pants,  "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 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.

                        The sample label can be found on the next three pages.
Page III-10                                          Worker Protection Inspection Guidance

-------
Chapter III
Section 1.  Registrant/Producer/Marketplace/Dealer Establishment Inspections
                                         SAMPLE LABEL
      Spanish
      Warning
      Statement
   Product-type
   Identification
     Statement
                                  RESTRICTED USE PESTICIDE
                                    Due to very high toxicity to humans and birds.
                       For retail sale to and use only by certified applicators or persons under
                       direct supervision and only for those uses covered by the certified
                       applicator's certificate.
                                                  VIP DEPESTO I/M
                                                      GALACTOTHION
                       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
                       Si Usted no entiende la etiqueta, busque a alguien para se la explique a Usted 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
   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 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
   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. 56787-CO-3      2527 South VIP Drive        55 Gallons
                                    Biardspond, MI 22315
                                                                                      their
Worker Protection Inspection Guidance
                                                                         Page III-11

-------
Section 1.  Registrant/Producer/Marketplace/Dealer Establishment Inspections
                                                                         Chapter III
       Personal
      Protective
     Equipment
      Statement
                             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.
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 and Other Handlers must wear:
Coveralls over long-sleeve shirt & 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 pesticides  [40 CFR 170.240(d)(4-6)1, the
handler PPE requirements may be reduced or
modified as specified in the WPS.
                                                 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 clean
                                              clothing.
                                            •  Remove PPE immediately after handling this
                                              product. Wash the outside of the gloves before
                                              removing. As soon as possible, wash thoroughly
                                              and change into clean clothing.
   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.
Page III-12
                                         Worker Protection Inspection Guidance

-------
Chapter III
Section 1. Registrant/Producer/Marketplace/Dealer Establishment Inspections
     Application
     Restriction
     Statements

          State
     Restrictions
      Statement
      Reference
       Statement
      Restricted-
  entry Statement
     Notification-
      to-worker
      Statement
          DIRECTIONS FOR USE

     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-workers. and
     restricted-entry intervals. The requirements in this
     box only apply to uses of this product that are
     covered by the Worker Protection Standard.

     Do not enter or allow worker entry into treated
     areas during the restricted-entry interval (RED 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 shirt & long pants
     —chemical-resistant gloves such as barrier
      laminate or vitron
     —chemical-resistant footwear plus socks
     —protective eyewear
     —chemical-resistant headgear

     Notify workers of the application by warning
     them orally and by posting warning signs at
     entrances to treated areas.
   STORAGE AND DISPOSAL

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 0 F.

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.
Worker Protection Inspection Guidance
                                                                                  Page III-13

-------
Section 1. Registrant/Producer/Marketplace/Dealer Establishment Inspections
                                                       Chapter III
Issue Stop Sale,
Use, or Removal
Order (SSUROs)
If during the course of the inspection the inspector identifies any
pesticide or device that he/she has reason to believe is in violation of
FIFRA, then the inspector with state certification, in most cases, is
authorized to issue a state Stop Sale, Use or Removal Order. Inspectors
with Federal credentials may be authorized to issue Federal SSUROs
(Section 13(a) of FIFRA). Inspectors should follow-up on the
implementation of the SSURO to ensure that violations do not occur.
                                                  Definition

                          The Stop Sale, Use, or Removal Order prevents the sale, use or
                          removal of any pesticide or device found to be in violation.
                        Service of order by U.S. mail.

                        •   In certain instances, the regional or state office may elect to serve the
                            order via U.S. certified mail.

                        •   In cases of emergency suspension, EPA Headquarters may elect to
                            issue the order via U.S. certified mail.

                        Service of Order by the Inspector.  If the violation is discovered during
                        the inspection, the inspector may issue the Order. If the inspector is
                        using state  credentials in conducting the inspection then the inspector
                        should serve a state SSURO. If inspector is using federal credentials,
                        than he should serve a federal SSURO. The following information
                        should be included:

                        •   EPA Registration Number

                        •   batch or code numbers of the pesticide(s) and violations

                            date order is delivered

                        •   amount of the product under the control of the person who is served
                            the order

                        •   name of regional or state point of contact

                        The inspector should explain the scope and meaning of the order and the
                        obligation which it places upon the recipient.  In particular, the product
                        may not be sold, used, or removed unless directed by a further order
                        issued by the regional  office.

                        Refusal of the Order. If the order is refused, the inspector should:
Page 111-14
                             Worker Protection Inspection Guidance

-------
Chapter III	Section 1. Registrant/Producer/Marketplace/Dealer Establishment Inspections

                            leave a copy of the order at the establishment

                        •   explain the following to the recipient:

                            ••  The order becomes effective when delivered and is binding on
                               the recipient whether or not he/she accepts it.

                            ••  The recipient has the prerogative of discussing the order with the
                               contact person at the state or regional office who is named in the
                               order.

                            ••  The recipient is liable for a civil or criminal penalty for violating
                               the terms of the order as well as for the violation itself.

                        •   document this conversation and his/her actions in the inspection
                            notebook for possible use at any subsequent hearing or court action

                        Disposition.  The original order must be amended or terminated to
                        permit movement of the product. A subsequent order may be issued to
                        permit the custodian of the product to bring the product into compliance
                        or to properly dispose of it. These orders may be served in  person or via
                        U.S. mail.

                        Violations of the order should be documented and reported  to state and
                        EPA regional offices immediately.  The inspector should follow up on
                        the implementation of the SSURO to ensure that violations  do not occur.
Compliance            Since the inspector is often the only contact between EPA and the
Assistance             registrant or producer, he/she should be aware of the opportunities to
                         promote compliance with EPA and State regulations.  The closing
                         conference provides an ideal opportunity to offer various kinds of help to
                         facility officials.  The inspector will have just completed an inspection
                         and will have first-hand knowledge of questions, problems, and possible
                         solutions.

                         Guidelines for providing compliance assistance. The inspector:

                         •   should never order that a particular step be taken to solve a potential
                            problem. Such an order might be wrong, and if the facility is later
                            found to be in noncompliance, the ability to pursue an enforcement
                            action might be jeopardized. Options for addressing existing
                            problems can be discussed with the regulated community. The
                            inspector should feel free to discuss existing Federal and State
                            requirements which apply to different situations.

                         •   should provide, if possible, the Compliance Assistance Packet for
                            worker protection.
Worker Protection Inspection Guidance                                           Page 111-15

-------
Section 1. Registrant/Producer/Marketplace/Dealer Establishment Inspections
                                                       Chapter III
                        •   should review the provisions of the WPS which the facility may have
                            violated (if any) and go over the requirements of the WPS in those
                            areas; indicate that the final determination regarding violations will
                            be made by the case development officer.

                        •   can offer or suggest additional resources that are available to facility
                            officials to help solve problems (e.g., technical publications or
                            special services).

                            should refer questions and problems to other EPA or State personnel
                            as needed, and follow up with those personnel, as soon as possible,
                            to see that facility officials  receive a response.

                        Since the purpose of the inspection process is to promote compliance, as
                        well as identify violations, it is important for the inspector to help raise
                        the level of awareness concerning FIFRA and, in particular, the revised
                        Worker Protection Standard. The closing conference is an ideal
                        opportunity for the inspector to promote compliance by distributing
                        appropriate literature to the facility. The inspector should also make it
                        clear to the facility manager that the inspector's compliance assistance
                        activities do not preclude future enforcement actions, if violations are
                        detected.
Prepare
Inspection
Report
A narrative report called the Establishment Inspection Report (EIR) must
be completed for each registrant/producer establishment inspected.  The
purpose of the narrative report is to capture sufficient information to
portray accurately what is taking place at the establishment with regard
to agricultural pesticide production. The format of the report may vary,
but the content should include at a minimum an explanation of the
information documented in the Registrant/Producer/Marketplace/Dealer
Establishment Inspection Checklist.
How to use
Inspection
Checklist
Please refer to Appendix D, section entitled, "Inspection Checklist
Instructions."
Page 111-16
                             Worker Protection Inspection Guidance

-------
       Chapter III.



Section 2. Use Inspections

-------
Section 2.  Use Inspections
                                                       Chapter III
Introduction
This section covers use inspections. In terms of Worker Protection,
use inspections cover agricultural sites, such as farms, forests,
nurseries, and greenhouses. Generally, these inspections are
conducted to ensure that users of agricultural pesticides subject to the
WPS are complying with the requirements of the product label when
that label references the Rule.
Authority
Use inspections are a necessary and indispensable element of pesticide
use enforcement.  While Section 12(a)(2)(G) of the FIFRA, as
amended, makes it unlawful to use any registered pesticide in a
manner inconsistent with its labeling, it does not give the inspector the
right of entry to conduct the investigation.

The states have primary enforcement responsibility for pesticide use
violations under Section 26 of FIFRA.

The Fourth Amendment of the U.S. Constitution states, in part: "the
rights of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be
violated..." To ensure lawful inspections, the Agency has developed
procedures consistent with this provision and relevant court decisions.

Statutory basis.

•   FIFRA Section 12(a)(2)(G): "To use any registered pesticide in a
    manner inconsistent with its labeling;"

•   FIFRA Section 2(ee): "To use any registered pesticide in a
    manner inconsistent with its labeling."—The term 'to use any
    registered pesticide in a manner inconsistent with its labeling'
    means to use any registered pesticide in a manner not permitted
    by the labeling: Provided, that the term shall not include:

    ••  applying a pesticide at a dosage, concentration, or frequency
       less than that specified on the labeling

    ••  applying a pesticide against any target pest not specified on the
       labeling if the application is to the crop, animal, or site
       specified on the labeling, unless the  administrator has required
       that the labeling should specifically  state that the pesticide may
       be used only for the pests specified on the labeling, and after
       the Administrator has determined that the use of the pesticide
       against other pests would cause an unreasonable adverse  effect
       on the environment
Page 111-18
                             Worker Protection Inspection Guidance

-------
Chapter III
                                        Section 2.  Use Inspections
                            •• employing any method of application not prohibited by the
                              labeling

                            •• mixing a pesticide or pesticides with a fertilizer when such a
                              mixture is not prohibited by the labeling

                            •• any use of a pesticide in conformance with section 5, 18, or 24
                              of the Act

                            •• any use of a pesticide in a manner that the Administrator
                              determines to be consistent with the purposes of the Act

                            40 CFR Section 162.3(oo): The term 'use' means any act of
                            handling or release of a pesticide, or exposure of man or the
                            environment to a pesticide through acts, including but not limited
                            to:

                            •• application of pesticide, including mixing, loading, and any
                              required supervisory action in or near the area of application

                            •• storage actions for pesticides and pesticide containers

                            •• disposal actions for pesticides and pesticide containers.
Summary of
On-Site
Activities
Please refer to On-Site Inspection Activities on Page III-3.  This
section will focus on four inspection activities:

• D Conduct the Inspection
• D Requirements Based on 40 CFR Part 170
• D Issue Stop Sale, Use, or Removal Order
• D Compliance Assistance.
Conduct the
Inspection
The inspection involves reviewing the labeling and practices of
employers/employees to ensure that users are in compliance with:

•   The product-specific worker protection requirements found on the
    labeling

•   The generic WPS requirements (i.e., referenced on the labeling).
Worker Protection Inspection Guidance
                                                     Page 111-19

-------
Section 2. Use Inspections
                                                      Chapter III
Requirements
Based on 40 CFR
Part 170
The basis for conducting use inspections is that pesticides may not be
used in a manner inconsistent with their labeling. Therefore, inspectors
must check the product labeling of the pesticides used, to determine
whether or not the user must comply with the WPS.  In addition,
inspectors must be aware of the compliance dates for both product-
specific and generic WPS requirements.

•   Product-specific worker protection requirements (PPE, REIs, and
    oral and posted warnings) become enforceable when they appear
    on the labeling of a pesticide product.

•   Generic WPS requirements (e.g., decontamination supplies, safety
    training, emergency assistance, and notification to workers) are
    enforceable April 15, 1994 when using products bearing WPS
    labeling. Revisions to the WPS were made and became
    enforceable May 3, 1995, and June 26,  1996.

The inspection tasks are organized into eight major compliance areas:

1.   Notification and posting of pesticide application
2.   Application and entry restrictions
3.   Personal protective equipment and pesticide handling equipment
4.   Pesticide safety training
5.   Pesticide safety information
6.   Decontamination supplies
7.   Emergency assistance
8.   Retaliation.

Each of these is explained in more detail below.
Notification
and Posting of
Application
To ensure that notification and posting of pesticide applications
complies with the WPS, the inspector through interviews and
observations, must:

• D  Confirm that agricultural employer made proper notification of
    the pesticide application to all workers at the site.

• D  Some pesticide labels require agricultural employer to notify
    workers both orally and with signs posted at entrances to the
    treated area. Check that the treated area is/was posted with
    warning signs in the required size, format, language, and manner.

• D  Verify that in greenhouses, agricultural employer post all treated
    areas. If the pesticide labeling requires both types of notification,
    employer must also notify workers orally.
Page 111-20
                            Worker Protection Inspection Guidance

-------
Chapter III
               Section 2.  Use Inspections
     No notice is
     required to a
     worker, who
     will not be in
     the treated
     area, or walk
     within  1/4
     mile of a
     treated area,
     during  the
     pesticide
     application or
     while the
     restricted-
     entry interval
     is in effect.
Table 3.7 shows a
summary of the
requirements for
Posted and Oral
Warnings.
                    Table 3.7 Requirements for Posted and Oral Warnings
              Requirements for Posted Warning Signs
        Requirements for Oral Warnings
    Include the words: Pesticides, Danger, and Keep Out, in the language
    spoken by the majority of workers at the site.
    Contain the WPS warning-sign symbol (stern face and raised hand
    within a circle)
    Meet size and color requirements (e.g., red ink on a contrasting
    background, 14" x 16", or one of two smaller sizes for greenhouses and
    nurseries).
    Be visible at all usual points of entry to the treated area
    Be posted no sooner than 24 hours before the scheduled application
    Remain posted throughout the application and REI (must be visible,
    legible, and accessible)
    Be removed within 3 days after the application and/or when 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 during the time REI is in effect.
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
                                 Confirm that the posted warning sign is in the language spoken by
                                 the majority of workers at the site. Languages may include
                                 Spanish, Cambodian, Chinese, Hatian Creole, Ilocano (Hawaii),
                                 Korean, Laotian, Tagalog (Philippines), Thai, or Vietnamese. To
                                 assist inspectors, copies of the warning sign translations are
                                 included in Appendix H.

                                 Confirm that, if smaller signs are used in  a nursery or greenhouse,
                                 that they meet one of the  two smaller size requirements. The
                                 smallest size sign permitted should contain the words DANGER
                                 or PELIGRO in letters  at least y/ie inch in height, other words in
Worker Protection Inspection Guidance
                               Page 111-21

-------
Section 2.  Use Inspections	Chapter III

                            letters at least 1A inch, and a red circle at least V/2 inches in
                            diameter containing an upraised hand and a stern face no more
                            than 25 feet apart. Nursery or greenhouse owners/operators also
                            have the option of using a sign with the words DANGER or
                            PELIGRO in letters at least 7/8 inch in height, other words in
                            letters at least 1A inch, and a red circle at least 3 inches in diameter
                            containing an upraised hand and a stern face no more than 50 feet
                            apart.

                        • D Confirm that specific information about the location and nature of
                            the pesticide application is/was displayed.

                        • D Verify that the employer assured that, from the start of the
                            application until the end of the restricted-entry interval, a worker
                            did not enter, work in, remain in, or pass through a treated
                            greenhouse or pass through on foot or within one quarter mile of a
                            treated area on a farm, nursery, or forest if notice of application
                            was not given to the worker.

                        • D Validate that prior to the application, the pesticide handler
                            employer provided to the site employer the following information:

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

                            •• time and date of application

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

                            •• restricted-entry interval

                            •• whether posting and/or oral notification are required

                            •• any other product-specific requirements  on the product
                               labeling concerning the protection of workers or other persons
                               during or after application

                        • D Verify that all product-specific requirements on the pesticide label
                            and in the labeling concerning protection of workers and pesticide
                            handlers or other persons during or after application were
                            followed.
Application and       To ensure that the agricultural employer is in compliance with
Entry Restrictions    application and entry restrictions, the inspector must verify by
                        observation or interviews:
Page 111-22                                          Worker Protection Inspection Guidance

-------
Chapter III
Section 2. Use Inspections
                        • D 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.

                        • D The handler/agricultural employer and handler assured 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.

                        • D That workers were prohibited from entering the treated area and
                            any required border areas.

                        • D In nurseries and greenhouses, during applications, verify that
                            agricultural employer kept everyone,  except trained and equipped
                            handlers, out of the area immediately surrounding the treated area.
                            The size of the surrounding area depends on the pesticide used
                            and the appliaction method (see table 3.8 p. 111-27 for special
                            application restrictions in Nurseries and Greenhouses.)

                        Specific requirements for pesticide handlers.  Confirm that the handler
                        employer assured that the following handler-specific provisions were
                        met during handling activities:

                        •   Any handling of 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.

                        •   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.

                        •   The other handler had immediate access to the personal protective
                            equipment required by the fumigant labeling for handlers in the
                            event that entry into the fumigated greenhouse was necessary for
                            rescue.

                                 Table 3.8. Entry-Restricted Areas in Nurseries
                                          During Pesticide Applications
During Application of a Pesticide
(l)(a) Applied: aerially, in an upward direction, or using a spray
pressure greater than 150 psi (pounds per square inch), or
(b) Applied as a: fumigant, smoke, mist, fog, or aerosol.
Workers and other persons
are Prohibited in:
Pesticide treated area plus 100
feet in all directions on the
nursery
Worker Protection Inspection Guidance
              Page 111-23

-------
Section 2.  Use Inspections
                          Chapter III
(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 1 50 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.
Treated area plus 25 feet in all
directions on the nursery
Pesticide treated area
                        •  Greenhouses.

                            •• Verify that the application-specific entry restrictions and
                               restricted areas for greenhouse were followed.

                            •• Verify that the ventilation criteria for pesticide applications in
                               greenhouses were followed.

                        Table 3.9, on the following page, illustrates application and entry
                        restrictions in greenhouses.
     Table 3.9  Greenhouse Entry Restrictions Associated With Pesticide Applications
A. When a Pesticide is Applied:
(1) As afumigant
(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 1 2
inches from the planting medium, a
fine spray, or a spray pressure
greater than 40 psi and less than
150 psi.
(5) Otherwise
B. Workers and other
persons 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
1 1 hours with no ventilation followed by
1 hour of mechanical ventilation; or 1 1
hours of 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 is:
No entry restrictions after
criteria in column C are met.
Entire enclosed area is the
treated area
Treated area
Treated area
Treated area
                        •  Confirm that the restricted-entry interval on the product label
                            is/was adhered to.

                        Exceptions for early entry workers.

                        The WPS allows entry into a treated area that remains under a
                        restricted-entry interval in a few very limited work situations, when
Page 111-24
Worker Protection Inspection Guidance

-------
Chapter III	Section 2.  Use Inspections

                        early-entry is permitted worker employer must provide special
                        protection according to the label requirements. Table 3.10 outlines the
                        early entry requirements for various types of exceptions permitted
                        under the WPS.

                        •   Verify that early entry into a treated area under a restricted entry
                            interval by workers was under the following exceptions:

                            •• short-term tasks that last less than 1 hour and do not involve
                              hand labor,
                            •• emergency tasks that take place because of an agricultural
                              emergency
                            •• limited contact tasks to operate, move, or repair of
                              irrigation equipment for up to 8 hours per 24 hours,
Worker Protection Inspection Guidance                                         Page 111-25

-------
Section 2.  Use Inspections
Chapter III


"3 >-,
i* U
s §
2 &£
M 9
"t, w


g
'ft

H
w
Cut Rose
=
ft
H
w

C3
b
hH
03
a S
o ._2

1 W
=
_0
ft
w
I
S
•e
0
!«
O
z
'1 «
b-S
-i S3
= 0
W U
w

^ 0 g

Conditions
Limitations
Exception 1






13
(U
.2
<
M
eg" 3

S ^j"
"^ (U
Allowed foi
forearms, fe
S
•s "i
i _^
ni

Allowed fi
forearms, 1
^
13 K
fl 03
a -M-
•S ^
Allowed fo
forearms, fi





13
g
.2
<





Prohibited

1
S
Contact with Tre
Surfaces






13
(U
.2
<

O fl
00 ?
._a 2

Hand harve
greenhouse
roses only

13
o
f/3

a
O
00
'ti.




Prohibited





13
|S
O
£





1
1
PH



Hand Labor




^
S
(U

o
z
b
o

1)
ft
3 hour limit


b
ft

8 hour lim
worker
1
o
^

ft
8 hour limi

b
TH
t
ft
'§
b
P
0
^



.-H
^
u
B
o



Time Limit (in 2
hours)








O
£





GO
W





GO




GO







O
£





o
i
o

Need must be
unforeseen with
potential for sigr
loss






"B
•§
§r
pi





1
1





1
Pi




13
!
pi





"B
.§
1
pi



13
£j
Not Requi:

0

Personal Protect]
Equipment
a
r^> O
J3

*S ^ 1
1 "g, 1
S o S3
1.1 •§
J2 &.-H
^r 2 o
>,§
§ |

"" S "b
^ > a
4 hours and
respiratory/
criteria are i
>, o
§ ji ^
'S 1 ^
* > u

III
& 2
J^
i-H • i— 1
111
4 hours and
respiratory/
criteria are

a
!"'!
b 3
1 1 i
s E? g
ra o 03
2 "03 .3
^ '& -^
^f tH O

of-2
bl ^
•s 1 1
13 < „
4 hours an
respiratory
criteria are
CH
-B |
S3 .ii
Time of earliest i
after end of appl:








O
£





GO
W





GO




GO







O
£





o

§ g
•-^ o
Double Notificat
Product Restricti








O
£





GO
W





GO




GO







O
£





o


n
Notify Workers i
exception use
        fi
        "S.

        H
        o-
        ^
        =
        O
        •a
        o
        U
        =
        O
        a
        S
        o
        U
        o

                                                     Worker Protection Inspection Guidance

-------
Chapter III	Section 2. Use Inspections
                            •• To perform limited contact activities, unless expressly
                               prohibited by the pesticide label, including an exception for the
                               cut rose industry, as discussed below, and

                            •• specific tasks approved by EPA through  a formal exception
                               process.

                            Confirm that, if early  entry did  occur under the exception for
                            activities, the agricultural employer provided special protection
                            required by the pesticide labeling to workers performing early
                            entry tasks involving  contact with anything that has been treated
                            with a pesticide, including soil, water, air, and surfaces of plants.

                            Confirm 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 (unless an
                               exception has been granted)

                            •• 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

                            Confirm that, if early  entry did  occur under the exception for
                            irrigation, limited contact activities, and the  cut rose exemption,
                            the following requirements were met:

                            •• The need for the task could not have been foreseen and the task
                               cannot be delayed  until the REI has expired,

                            •• The time in treated areas under the REI did not exceed 8 hours
                               in a 24 hour period,

                            •• The pesticide product label does not require double notification
                               or have a restriction against  entering the area during the REI,

                            •• The tasks performed involved no hand labor,

                            •• Contact with treated surfaces was limited to feet, lower legs,
                               hands, and forearms,
Worker Protection Inspection Guidance                                          Page 111-2 7

-------
Section 2. Use Inspections	Chapter III

                            ••  Appropriate PPE was provided,

                            ••  The requirements of 40 CFR 179.112(c)(3) through (c)(9) are
                               met, including the prohibition against entry during the first 4
                               hours after application and until applicable ventilation criteria
                               and label specified inhalation exposure levels have been met;
                               informing workers of safety information on the product
                               labeling; provision, proper management, and care of PPE; heat
                               related illness prevention; requirements for decontamination
                               supplies; and the prohibition against taking PPE home,

                            ••  Prior to allowing entry into the treated area, the agricultural
                               employer notifies workers either orally or in writing, in a
                               language that the worker understands, that entry is being
                               allowed for limited contact or irrigation activities only, that no
                               entry is allowed for the first four hours after application unless
                               applicable ventilation criteria have been met, and they cannot
                               spend more than 8 hours out of 24 in the treated area.

                        •   Confirm that, if early entry did occur under the exception for cut
                            roses, the  following additional requirements were met:

                            ••  The time in treated areas under the REI did not exceed 3 hours
                               in a 24 hour period,

                            ••  Only hand harvesting of greenhouse grown roses was
                               performed,

                            ••  Workers have read the pesticide label or been informed in a
                               language that they understand of the labeling requirements
                               related to safe use,

                            ••  The cut-rose growers notified workers both orally and with
                               posted  information of the cut rose exemption,

                            ••  Growers have provided, properly maintained and ensured that
                               workers wear the early entry PPE listed on the pesticide label,
                               including, but not limited to leather gloves worn  over chemical
                               resistant liners.

                        •   Verify worker familiarity with the product label requirements
                            related to  human related hazards or precautions, first aid,
                            symptoms of poisoning, personal protective equipment, and any
                            other labeling requirements related to safe use.

                        •   Inspect for proper use, maintenance, and storage of personal
                            protective equipment.


Page 111-28                                           Worker Protection Inspection Guidance

-------
Chapter III
                                        Section 2.  Use Inspections
                        •   Check for provision of decontamination supplies.

                        •   Early entry workers have to be trained within 5 days of entering
                            the treated area.
Personal
Protective
Equipment (PPE)
and Pesticide
Handling
Equipment
To ensure that the agricultural employer is in compliance with the
pesticide labeling PPE requirements for early entry workers and
pesticide handlers, the inspector must verify that the employer assured
the following through interviews and observations:

• D  Personal protective equipment specified on the product labeling
    was provided to and used by the workers/handlers

•   The personal protective equipment conformed to the appropriate
    standards specified on the product labeling

•   Workers/handlers wore the personal protective equipment
    correctly and for its intended use

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

•   Workers/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 personal protective equipment

•   All personal protective equipment 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 personal protective equipment was dried
    thoroughly or put in a well-ventilated place to dry

•   All personal protective equipment contaminated with pesticides
    was kept and washed separately from other clothing or laundry

•   Any person who cleans or launders personal protective equipment
    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 personal protective equipment
    contaminated with pesticides

•   All personal protective equipment was stored  separately from
    personal clothing and apart from pesticide-contaminated areas
Worker Protection Inspection Guidance
                                                     Page 111-29

-------
Section 2. Use Inspections	Chapter III

                        •   Before each use, all personal protective equipment was inspected
                            for leaks, holes, tears, worn places, and any damaged equipment
                            was repaired or discarded

                        •   Personal protective equipment 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
                            personal protective equipment contaminated with pesticides

                        •   Dust/mist filters used in handler dust/mist masks  or respirators
                            were replaced consistent with the regulations

                        •   Gas or vapor absorbing canisters or cartridges used in handler's
                            gas and vapor absorbing  respirators were replaced consistent with
                            the regulations.

                        EXCEPTIONS: PPE Requirements

                        Handlers may be allowed by handler employers to omit  some of the
                        PPE required on the labeling if the handlers are operating in one of the
                        following four circumstances:

                        1.   A Closed System [Section 170.240(d)(4)]

                        •   When mixing or loading  pesticides with the signal word
                            "DANGER" or "WARNING," handlers must minimally wear:

                            •• long-sleeved shirt and long pants

                            •• shoes and socks

                            •• a chemical-resistant apron

                            •• protective gloves specified on the pesticide labeling for
                              handling tasks

                        •   When mixing or loading  pesticides with the signal word
                            "CAUTION," handlers must minimally wear:

                            •• long-sleeved shirt and long pants
                            •• shoes and socks
Page 111-30                                          Worker Protection Inspection Guidance

-------
Chapter III	Section 2. Use Inspections

                        •  When conducting handling tasks other than mixing and loading
                           with ANY pesticide, handlers must wear:

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

                        •  If handlers are working in a closed system which operates under
                           pressure, they may wear the PPE identified above, but add
                           protective eyewear.

                        2.  An Enclosed Cab [Section 170.240(d)(5)]

                        •  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.

                        •  In cabs which DO NOT provide respiratory protection, 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, handlers must minimally wear:

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

                        •  In ANY enclosed cab where reduced PPE is worn, 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

                        3.  Cockpits [Section 170.240(d)(6)]
Worker Protection Inspection Guidance                                         Page III-31

-------
Section 2. Use Inspections	Chapter III

                        •   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

                        •   Handlers must wear any gloves, respirator, or body protection
                            listed on the pesticide labeling for application in an open cockpit,
                            but they may wear:

                            •• shoes and socks instead of chemical-resistant footwear
                            •• a helmet instead of a chemical-resistant hat or hood

                        •   In an enclosed cockpit, handlers may substitute for the label
                            specified PPE with:

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

                        Specific requirements for pesticide handlers:

                        •   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.

                        •   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.

                        •   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.

                        4.   Crop Advisors  [Section 170.104(b) and 170.204(b)]

                        •   EPA has amended the WPS to exempt qualified crop advisors
                            from PPE requirements and allowed them to choose appropriate
                            protection while performing crop advising tasks. This exemption
Page 111-32                                          Worker Protection Inspection Guidance

-------
Chapter III	Section 2. Use Inspections

                            applies to certified or licensed crop advisors and persons under
                            their direct supervision.

                            •• the certification program must include pesticide safety training
                               that addresses, at a minimum, all of the information in 40 CFR
                               170.230(c)(4).

                        •  The following conditions must also be met:

                            •• No entry into the treated area is permitted until after
                               application ends

                            •• Personnel may perform only crop advising tasks in the treated
                               area.

                            •• The crop advisor must make specific determinations regarding
                               the appropriate PPE, appropriate decontamination supplies, and
                               how to conduct the tasks safely.  The crop advisor must convey
                               this information to each person under his direct supervision in
                               a language that the person understands.

                            •• Before entering a treated area, the certified or licensed crop
                               advisor must inform, through an established practice of
                               communication, each person under his direct supervision of the
                               pesticide products  and active ingredient(s) applied, method of
                               application, time of application, the restricted entry interval,
                               which tasks to undertake, and how to contact the crop advisor.
Pesticide Safety      Worker/handler employer must make sure that each of their early entry
Training               workers/handlers are currently trained. To ensure that the agricultural
                        employer is in compliance with pesticide safety training requirements,
                        the inspector must do the following.

                        •  Pesticide Handlers. Validate that all pesticide handlers received
                            safety training before they do any handling task.

                        •  Early-Entry Agricultural Workers. Confirm that all early-entry
                            workers who entered  a treated area for which a restricted-entry
                            interval was in effect  or had expired within thirty days received
                            pesticide safety training within 5 days of entering the area.

                        •  Agricultural Workers. Verify that workers were trained before
                            they accumulate more than 5 separate days of entry into treated
                            areas in a establishment where, within the past 30 days, a
                            pesticide has been applied or a restricted-entry interval has been
                            in effect.  These 5  days of such entry need not be consecutive and


Worker Protection Inspection Guidance                                          Page 111-33

-------
Section 2. Use Inspections	Chapter III

                            may occur over several periods of employment or over several
                            seasons or years.

                        Exception:

                        On May 3, 1995, EPA revised the implementation of the shorter grace
                        period for pesticide safety training for workers to January 1, 1996,
                        rather than October 20, 1997.  Under the revised schedule, workers
                        must be trained about general pesticide safety before they accumulate
                        more than 5  separate days of entry into treated areas in an
                        establishment.

                        Effective January 1, 1996, agricultural employers must assure that
                        workers receive basic pesticide safety information before they enter a
                        treated area on the establishment. This would provide basic safety
                        information to workers while they wait for the complete WPS
                        pesticide safety training which is required within 5 days of entering a
                        treated area.

                        •   Verify that general pesticide safety information was presented to
                            workers/handlers in a manner that could be understood, orally or
                            using written or audiovisual training materials that employed non-
                            technical terms.

                        •   Confirm that the person who conducted the worker/handler safety
                            training met the requirements for certification and training.

                        •   Verify that the general pesticide safety training materials
                            presented to workers/handlers included, at a minimum:

                            ••  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

                            ••  signs and symptoms of common types of pesticide poisoning

                            ••  emergency first aid for pesticide injury or poisoning

                            ••  how to obtain emergency medical care

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


Page 111-34                                          Worker Protection Inspection Guidance

-------
Chapter III	Section 2. Use Inspections

                            •• hazards from chemigation and drift

                            •• hazards from pesticide residues on clothing

                            •• warnings about taking contaminated personal protective
                               equipment, pesticides, pesticide containers home

                            •• 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

                        Specific requirements for pesticide handlers:

                        • D Confirm that the general pesticide safety training materials for
                            pesticide handlers included:

                            •• 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

                            •• how to obtain emergency medical care

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

                            •• need for and appropriate use of personal protective equipment

                            •• 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
Worker Protection Inspection Guidance                                          Page 111-35

-------
Section 2. Use Inspections
                                                      Chapter III
                            ••  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 personal protective equipment, 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, personal protective
                            equipment requirements, first-aid instructions, environmental
                            precautions, and any additional precautions pertaining to the
                            handling activity performed.

                        •   Verify and document that the handler had access to the product
                            labeling during handling activities.

                        •   Verify that the pesticide safety training material for workers and
                            handlers is either:

                            ••  WPS training material developed by EPA, or
                            ••  training material that conforms to EPA guidelines.
Pesticide Safety
Information
The inspector must validate that the following information is
displayed at a central location on the agricultural site where it can be
readily accessible, seen and read by handlers/workers. In a forest
information should be displayed in or near the forest where it can be
readily seen and read by handlers/workers and where handlers/workers
are likely to congregate or pass by, such as at a decontamination
location or an equipment storage site.

To ensure that the user complies with the WPS requirements for a
pesticide safety poster, the inspector must:
                        PESTICIDE SAFETY POSTER:

                        •   Check for a pesticide safety poster displayed in an easily
                            accessible, central location. If it is not the EPA safety poster,
Page 111-36
                            Worker Protection Inspection Guidance

-------
Chapter III	Section 2.  Use Inspections

                            photograph the poster and later compare it with EPA safety poster
                            for any missing WPS required information.

                        •   Verify that the safety poster conveys the following basic pesticide
                            safety concepts:

                            ••  That there are Federal rules to protect pesticide
                               workers/handlers including a requirement for safety training.

                            ••  How to help keep pesticides from getting on or into their
                               bodies. Verify that the poster includes the following
                               instructions:

                               •••  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

                               •••  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

                            ••  Check and document that workers/handlers have been
                               informed of the location  of the  safety poster.

                            ••  Check and document that the workers/handlers have access to
                               the pesticide safety poster.

                            ••  Examine the safety poster to ensure it is legible.

                        EMERGENCY MEDICAL CARE INFORMATION:
Worker Protection Inspection Guidance                                          Page 111-3 7

-------
Section 2. Use Inspections
                                                     Chapter III
                        •   Inspect for the location on, or near, the safety poster for the
                            address and telephone number of the nearest emergency medical
                            care facility.

                        •   Confirm that the employer has promptly informed
                            workers/handlers of any change to the information on emergency
                            medical care facilities.

                        PESTICIDE APPLICATION INFORMATION

                        •   Check that the specific application information is posted near
                            safety poster before the pesticide application or at the same time
                            or earlier.

                        •   Verify that the information includes:

                            •• the location and description of the area to be treated,

                            •• product name, EPA registration number, and active
                              ingredient(s) of the pesticide,

                            •• time and date the pesticide is scheduled to be applied, and

                            •• restricted-entry interval for the pesticide.

                            •• that this information is provided in a language that the majority
                              of workers at the site understand,  among the following
                              languages: Spanish, Cambodian, Chinese, Haitian Creole,
                              Ilocano (Hawaii), Korean, Laotian, Tagalog (Philippines),
                              Thai, or Vietnamese.
Decontamination
Requirements for
Handlers and
Early-Entry
Workers
To ensure that all requirements concerning the decontamination site
are/were met, the inspector should:

• D  Verify that the employer provided decontamination supplies 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).

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

•   Verify that the decontamination supplies provided by the
    employer included the following:
Page 111-38
                            Worker Protection Inspection Guidance

-------
Chapter III	Section 2. Use Inspections

                            •• water of a 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 washing by workers/handlers

                            •• proper storage of water in  a tank

                            •• soap and single-use towels in quantities sufficient to meet
                               workers'/handlers' needs

                            •• one clean change of clothes, this could be a one size fits all
                               coverall for pesticide handlers

                            •• a source with at least one pint of eyeflush water is provided,
                               unless each early entry worker/handler carries an eyeflush
                               dispenser or an eyeflush dispenser is otherwise immediately
                               accessible to each worker/handler when the pesticide labeling
                               requires protective eyewear.

                            •• sufficient clean water in the eyeflush source replaced at least
                               weekly, unless the water in the eyeflush dispenser is sterilized
                               and is in a sealed container

                            •• 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 personal protective equipment

                            •• 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

                        Exceptions:

                        •   For a pilot who is applying pesticides aerially, the
                            decontamination supplies must be at the aircraft's loading site or
                            in the plane.

                        •   For tasks performed more than one quarter mile from the nearest
                            point accessible by cars or trucks, the decontamination supplies
                            may be kept at 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.
Worker Protection Inspection Guidance                                          Page 111-39

-------
Section 2. Use Inspections	Chapter III

                        • D For mixing activities, decontamination supplies shall be at the
                            mixing site.

                        • D Decontamination supplies shall not be in an area being treated
                            with pesticides or in an area under a REI unless the
                            decontamination supplies are in the area where a handler is
                            performing handling activities.

                        • D The time that decontamination supplies must be kept is reduced
                            from 30 days following the expiration of the REI to 7 days for
                            certain low toxicity active ingredients.

                        • D Crop advisors and certain low toxicity active ingredients are
                            exempt from these  requirements.
Emergency            Agricultural employers must provide emergency assistance, to anyone
Assistance            who is or has been employed as a worker or handler on their farm,
                        forest, nursery, or greenhouse if there is reason to believe that the
                        worker has been poisoned or injured by a pesticide used on the
                        agricultural establishment through application, spills, splashes, drift, or
                        contact with pesticide residue.
                        The inspector should verify that the employer did the following if a
                        worker/handler may have been poisoned or injured by a pesticides
                        used at the site through exposure, splash, spill, drift or pesticide
                        rp
-------
Chapter III
                                       Section 2.  Use Inspections
Data Collection
Methods
In addition to the labeling review conducted at the beginning of the
inspection, there are several methods of data collection that may be
employed. It is expected that the inspector will use a combination of
some or all of these methods to conduct the inspection and/or
determine compliance. In particular, the inspector may:

•   Collect samples, such as photographs, labels, and physical
    samples

•   Review records, such as application of pesticides, notification of
    workers and handlers

•   Conduct interviews (e.g., with the owner or operator, employees)

Proper procedures for sampling should be followed, and a Receipt for
Use/Misuse samples should be given to the facility representative at
the closing conference.
Issue Stop Sale,
Use, or Removal
Order (SSURO)
Please refer to page III-16.
Compliance
Assistance
Please refer to page III-17.
Prepare
Inspection
Report
The Use Investigation Report (EPA Form 3540-20), or equivalent,
must be completed for each user establishment inspected. The
inspector should also complete a narrative report. The purpose of the
narrative report is to capture sufficient information to portray
accurately what is taking place at the site with regard to the use and/or
misuse of agricultural pesticide products. Please attach the checklist
as an addendum to the narrative report, and reference it in the  report
where appropriate.
Use Inspection
Checklists
For worker protection use inspections a "Core" checklist for Routine
inspections and a Comprehensive checklist for Comprehensive
inspections.  The questions in the "CORE" checklist address essential
worker protection provisions which should be addressed in every
routine use inspection to help ensure compliance with the basic
components of the WPS.  EPA recommends that a comprehensive
Worker Protection Inspection Guidance
                                                    Page 111-41

-------
Section 2. Use Inspections	Chapter III

                        worker protection inspection be conducted if the inspection was
                        targetted specifically to ensure compliance with the WPS (a for cause
                        inspection) or if the inspector suspects non-compliance with the WPS
                        based on the answers to the CORE questions, using the CORE
                        checklist.  The page numbers on the checklists refer to the worker
                        protection Field Pocket guide.

                        Please refer to Appendix D, section entitled "Inspection Checklist
                        Instructions."
Page 111-42                                          Worker Protection Inspection Guidance

-------
Appendix A  Key Definitions

-------
Appendix A
                                         Key Definitions
Agricultural
Employer
Agricultural
Establishment

Agricultural Plant
Chemigation

Commercial Pesticide
Handling Establishment
Crop Advisor
Early Entry
Farm


Forest

Fumigant
Any Person who hires or contracts for the services of
workers, for any type of compensation, to perform activities
related to the production of agricultural plants, or any person
who is the owner of or is responsible for the management or
condition of an agricultural establishment that uses such
workers.
Any farm, forest, nursery or greenhouse.

Any plant grown or maintained for commercial or research
purposes and includes, but is not limited to, food, feed, and
fiber plants; trees; turfgrass; flowers, shrubs; ornamentals;
and seedlings.

The application of pesticides through irrigation systems.

Any establishment, other than an agricultural establishment,
that employs any person, including a self-employed person,
to apply on an agricultural establishment, pesticides used in
the production of agricultural plants or to perform tasks as a
crop advisor.

Any person who is assessing pest numbers or damage,
pesticide distribution, or the status or requirements of
agricultural plants. This does not include any person who is
performing hand labor tasks.

Entry by a worker into a treated area on the agricultural
establishment after a pesticide application is complete,  but
before any restricted-entry interval for the pesticide has
expired.

Any operation, other than a nursery or forest, engaged in the
outdoor production of agricultural plants.

Any operation engaged in the outdoor production of any
agricultural plant to produce wood fiber or timber products.
Any pesticide product that is a vapor or gas on application,
and whose method of pesticidal action is through the gaseous
state.
Worker Protection Inspection Guidance
                                              Page A-l

-------
Key Definitions
                                              Appendix A
Greenhouse
Hand Labor
Handler
Any operation engaged in the production of agricultural
plants inside any structure or space that is enclosed with
nonporous covering and that is of sufficient size to permit
worker entry.  This term includes, but is not limited to,
polyhouses, mushroom houses, rhubarb houses, and similar
structures..  It does not include such structures as malls,
atriums, conservatories, arboretums, or office buildings,
where agricultural plants are primarily for aesthetic or
climatic modification.

Any agricultural activity performed by hand or with hand
tools that causes a worker to have substantial contact with
surfaces (such as plants, plant parts, or soil) that may contain
pesticide residues. These activities include, but are not
limited to, harvesting, detasseling, thinning weeding,
topping, planting, sucker removal, pruning, disbudding,
roguing, and packing produce into containers in the field.
Hand labor does not including operating, moving, or
repairing irrigation or watering equipment or performing the
tasks of crop advisors.

Any person, including a self-employed person:
1) Who is employed for any type of compensation by an
agricultural  establishment or commercial pesticide handling
establishment to which subpart C  of the part applies and who
is: (i) Mixing, loading,transferring, or applying pesticides.
(ii) Disposing of pesticides or pesticide containers, (iii)
Handling opened containers of pesticides, (iv) Acting as a
flagger. (v) Cleaning,  adjusting, handling, or repairing the
parts of mixing, loading, or application equipment that may
contain pesticide residues, (vi) Assisting with the application
of pesticides, (vii) Entering a greenhouse or other enclosed
area after the application and before the inhalation exposure
level listed in the labeling has been reached or one of the
ventilation criteria established by this part (§170.110(c)(3))
or in the labeling has been met:
       (A) to operate ventilation equipment.
       (B) to adjust or remove coverings used in fumigation.
       (C) to monitor air levels.
(viii) Entering a treated area outdoors after  application of any
soil fumigant to adjust or remove  soil coverings such as
tarpaulins.
Page A-2
                     Worker Protection Inspection Guidance

-------
Appendix A
                                          Key Definitions
Handler Employer


Immediate Family


Nursery
Owner
Restricted-entry
Interval

Treated Area
(ix) Performing tasks as a crop advisor:
       (i) during any pesticide inspection.
       (ii) before the inhalation exposure level listed in the
       labeling has been reached or one of the ventilation
       criteria established by this part (§170.110(c)(3)) or  in
       the labeling has been met.
       (iii) during the restricted entry-entry interval.
2) The term does not exclude any person who is only
handling pesticide containers that have been emptied or
cleaned according to pesticide product labeling instructions
or, in the absence of such instructions, have been subjected to
triple-rinsing or the equivalent.

Any person who is self-employed as a handler or who
employs any handler, for any type of compensation.

Includes only spouse, children, stepchildren, foster children,
parents, stepparents, foster parents, brothers, and sisters.

Any operation engaged in the outdoor production of any
agricultural plant to produce cut flowers and ferns or plants
that will be used in their entirety  in another location.  Such
plants include, but are not limited to, flowering and foliage
plants or trees; tree seedlings; live Christmas trees; vegetable,
fruit, and ornamental transplants; and turfgrass produced for
sod.

Any person who has a present possessory interest (fee,
leasehold, rental, or other) in an agricultural establishment
covered by this part. A person who has leased such an
agricultural establishment to another person and granted that
same person the  right and full authority to manage and
govern the use of such agricultural establishment is not an
owner for purposes of this part.

The time after the end of a pesticide application during which
entry into the treated area is restricted.

Any area to which a pesticide is being directed or has been
directed.
Worker Protection Inspection Guidance
                                                Page A-3

-------
Key Definitions	Appendix A

Worker                           Any person, including a self-employed person, who is
                                   employed for any type of compensation and who is
                                   performing activities relating to the production of agricultural
                                   plants on an agricultural establishment to which subpart B of
                                   this applies. While persons employed by a commercial
                                   pesticide handling establishment are performing tasks as crop
                                   advisors, they are not workers covered by the requirements
                                   of subpart B of this part.
Page A-4                                              Worker Protection Inspection Guidance

-------
Appendix B Risk-Based Targeting



     Matrices and Examples

-------
Appendix B
                          Risk-Based Targeting Matrices and Examples
Risk-Based
Targeting Matrices
and Examples
Within the risk based targeting scheme, emphasis has been placed on
higher toxicity pesticides and higher risk worker protection related
activities. A combination of factors are used to identify products, uses,
and sites that pose the greater potential risk to workers, applicators, and
handlers.  These factors for targeting use inspections include:

       product toxicity

       identification of the crops 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

•      the farm type and number of workers

Use of these factors obviously necessitates that the state have
information in these areas.  If a state does not have any information on
one particular factor, for example, that factor could be eliminated from
the risk-based (R-B) matrix if necessary.

Using these factors, the risk-based targeting matrix was developed for
prioritizing use inspections (See page B-4).  A recommended targeting
matrix for prioritizing producer establishment inspections using a sub-set
of similar factors is also outlined on page B-15.

Each potential inspection site is placed into one of three tiers (or
categories) based on how they relate to each of the five factors.  Tier I
represents higher priority and Tier III represents lower priority for
inspection purposes. The three Tiers are listed along the vertical axis of
the matrix.  See Matrix I, Risk-Based Targeting for Use Inspections (on
p. B-4).

The five factors outlined above, associated with risk for use-based
inspections, are listed horizontally across the top of the risk-based
matrix as the headings for the columns. The definitions of each of these
five factors and their use, as part of the R-B matrix, are outlined below.
Each potential site for a use inspection would be placed in Tier I (high
priority), Tier II, or Tier III (low priority), under each factor, based on
the following definitions:
Worker Protection Inspection Guidance
                                                            Page B-l

-------
Risk-Based Targeting Matrices and Examples	Appendix B

                                (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. Higher risk
                                Tox I products are classified in Tier I, Tox II products in Tier II
                                and Tox III and Tox IV products are classified in Tier III.

                                (Column B) Crop Grown/Harvest Method: Designed to identify
                                types of crops grown which are typically associated with
                                intensive hand labor, thus potentially higher worker exposure. If
                                harvesting is done completely by hand at the site, then Tier I is
                                the classification. If a combination of harvesting by hand and
                                machinery is used at the site, then Tier II is the classification.  If
                                harvesting was done completely with machinery at the site, then
                                Tier III is the classification under column B.

                         •      (Column C) Historical Compliance Problems With The Product's
                                Active Ingredient: Based on the total number of incidents
                                reported within the state for specific pesticide product(s) (used
                                on a targeted site) during the past year.  An "incident" is
                                classified as a reported human illness or contamination of the
                                environment based on use of the pesticide.  If three or more
                                incidents were reported to the state, the classification would be
                                Tier I. Tier II is the classification for products with one or two
                                reported incidents and Tier III is the classification for no
                                incidents reported within the past year.  A historical problem
                                with a specific product which affected many workers at once
                                could also be classified as Tier I.

                         •      (Column D) Site Historical Compliance Problems:  A
                                combination of previous warning letters, criminal or civil
                                administrative enforcement actions taken against a  private
                                party/individual registrant or dealer by Federal or State agencies
                                for pesticide violations occurring within the last five years. The
                                classification would be under Tier I, if three or more historical
                                enforcement actions were taken against the party.  Tier II is the
                                classification if one or two actions were taken, while Tier III
                                applies if no compliance history exists.

                         •      (Column E) Farm Type/Number of Workers:  Represents the
                                type of farm targeted for inspection. Farm type will also help
                                dictate the amount of worker exposure to pesticides at the farm.

Page B-2                                                 Worker Protection Inspection Guidance

-------
Appendix B	Risk-Based Targeting Matrices and Examples

                               For this reason, greenhouses should be classified as Tier I,
                               nurseries as Tier II, and other farm types as Tier III.  When
                               similar farm 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.
Using the              In order to understand the risk based targeting method, let's assume
Risk-Based (R-B)     you have 50 sites which could potentially be inspected, but you have
Matrix for Use         resources and time to inspect only 20.  To prioritize these sites, you
Inspections           should place each site on the R-B matrix using the threshold key on
                        page B-7 as a guide. You have the option of:

                        •      filling out a separate chart per 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 per site.  The following is a detailed step by step
                        description for using each column of the matrix.  See the threshold key
                        for risk-based targeting for 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.
Worker Protection Inspection Guidance                                              Page B-3

-------
     RISK-BASED TARGETING FOR USE INSPECTIONS
NAME OF THE SITE(S)
                        MATRIX I








TIER I
TIER II
TIER III
TOXICITY OF
PRODUCT
USED ON SITE




(A)



CROP GROWN/
HARVEST
METHOD



(B)




HISTORICAL
PROBLEMS
WITH
PRODUCT'S
ACTIVE
INGREDIENTS

(C)



HISTORICAL
COMPLIANCE
PROBLEMS
WITH SITE



(D)



FARM TYPE/
NUMBER OF
WORKERS




(E)



TOTAL
CHECKS PER
TIER AND
THE
ASSOCIATED
PRIORITY

(F)




-------
Appendix B	Risk-Based Targeting Matrices and Examples

                               For example, if the product used is classified under the Tox 1
                               category, place a check mark in 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 will
                               determine whether hand labor or machines are used for
                               harvesting. Fruit, flowers, and vegetables are associated with
                               intensive hand labor, while grain crops are associated with
                               machine labor. Place a check mark in the appropriate row
                               under column B according to the level of the hand labor
                               involved.  The check mark would go in Tier I in cases where
                               all hand labor is used, while Tier II is for a combination
                               approach and Tier III is for all machine harvesting.

                               Column C -  Determine the number of incidents reported,
                               during the past year, within the state for the product(s) being
                               used at the potential inspection site. Place a check mark under
                               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 column marked Tier III.  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 data base 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 mark in Tier
                               I, one to two actions will be placed in Tier II, and no violations
                               fall under Tier III.

                        •      Column E-  Represents the type of farm and number of
                               workers.  All greenhouses and nursery farm types will
                               generally have higher inspection priority over conventional
Worker Protection Inspection Guidance                                             Page B-5

-------
Risk-Based Targeting Matrices and Examples	Appendix B

                               farms. Determine which category applies to your site, and
                               place a check mark in column E in either Tier I, II, or III.

                        •       Column F (Total Checks) - Count the number of check marks
                               included in Tier I and place the total number of check marks
                               for Tier I under Column F.  Do the same for Tiers II and III.
                               The threshold key on page B-7 provides the interpretation of
                               priority levels per tier. This is repeated below in narrative
                               form.
Tier I                   Add the check marks across Tier I.  If a total of two to five check
                        marks appear in Tier I under column F, this indicates that the site is a
                        high priority for inspection and this should be noted in column F (for
                        Tier I).

                        If one check mark appears in Tier I, this indicates that the site is a
                        medium priority.

                        If no check marks appear in Tier I, this indicates low priority.
Tier II                  Add the check marks across Tier II. If a total of three to five checks
                        marks appear in Tier II under column F, this indicates a high priority
                        for inspection and this should be noted in column F (for Tier II).

                        If one to two check marks appear in Tier II, this indicates medium
                        priority.

                        If no check marks appear, this indicates low priority.
Tier III                 Add the check marks across Tier III. If a total of four to five check
                        marks appear in Tier III, this indicates a low priority for inspection.

                        If two to three check marks appear in Tier III, this indicates medium
                        priority.
Page B-6                                              Worker Protection Inspection Guidance

-------
                                                Risk-Based Targeting Matrices and Examples
Determining the
Priority Level
(Column F of R-B
Matrix)
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. In these cases, 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.
Prioritizing Within
Categories of
Inspections
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:

       the type of inspection, whether applicators, handlers, or
       workers are the target audience.

•      the number of workers (if known); the greater the average
       number  of workers on site at the farm, the higher the priority
       for inspection

•      the volume of pesticides used at the site

Also, when comparing the inspection sites placed within the high
priority category, note the number of check marks 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/check marks 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.
Example of
Targeting Use
Inspection Sites
based on Risk
To help readers understand the inspection targeting matrix, we have
created the following three fictional sites, including certain types of
crops, compliance problems and incidents involving the products:
Worker Protection Inspection Guidance
                                                        Page B-7

-------
Risk-Based Targeting Matrices and Examples	Appendix B

                       •      Very Green Acres - grows corn, uses Tox 3 chemical, three
                              warning letters have been issued and two incidents with the
                              product (See example chart #l-page B-10)

                              Daniel Farm - grows cotton, two incidents with the product,
                              Tox 2 chemical, no information on historical compliance
                              problems (See example chart #2-page B-l 1)

                       •      Mayo Green House - harvests flowers, uses Tox 1 chemical, no
                              product incidents and no enforcement actions. (See example
                              chart #3-page B-l 2)

                       The three steps on page B-l3 outline the process for determining the
                       priority level for inspection for each of these potential inspection sites.
Page B-8                                             Worker Protection Inspection Guidance

-------
     RISK-BASED TARGETING FOR USE INSPECTIONS
                          MATRIX I
NAME OF THE SITE(S)   VERY GREEN ACRES








TIER I

TIER II

TIER III

TOXICITY OF
PRODUCT
USED ON SITE




(A)





X
CROP GROWN/
HARVEST
METHOD



(B)






X
HISTORICAL
PROBLEMS
WITH
PRODUCT'S
ACTIVE
INGREDIENTS

(C)



X


HISTORICAL
COMPLIANCE
PROBLEMS
WITH SITE



(D)

X




FARM TYPE/
NUMBER OF
WORKERS




(E)





X
TOTAL
CHECKS PER
TIER AND
THE
ASSOCIATED
PRIORITY

(F)

1 = Medium

1 = Medium

3 = Medium

-------
     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)



X


CROP GROWN/
HARVEST
METHOD



(B)


X




HISTORICAL
PROBLEMS
WITH
PRODUCT'S
ACTIVE
INGREDIENTS

(C)



X


HISTORICAL
COMPLIANCE
PROBLEMS
WITH SITE



(D)






FARM TYPE/
NUMBER OF
WORKERS




(E)





X
TOTAL
CHECKS PER
TIER AND
THE
ASSOCIATED
PRIORITY

(F)

1 = Medium

2 = High

1 = High

-------
     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)

X


CROP GROWN/
HARVEST
METHOD



(B)


X


HISTORICAL
PROBLEMS
WITH
PRODUCT'S
ACTIVE
INGREDIENTS

(C)



X
HISTORICAL
COMPLIANCE
PROBLEMS
WITH SITE



(D)



X
FARM TYPE/
NUMBER OF
WORKERS




(E)

X


TOTAL
CHECKS PER
TIER AND
THE
ASSOCIATED
PRIORITY

(F)

3 = High

2 = Medium

-------
Risk-Based Targeting Matrices and Examples
                                                      Appendix B
Step I
According to the threshold key on page B-7, place check marks in
each matrix. Use separate charts for each site, and use the threshold
key for categorizing the information for Very Green Acres Farm.
Very Green Acres is using a Tox 3 category chemical, so place a
check mark under column A in Tier III. The site has been issued three
enforcement actions in the past, so place another check mark under
column D in Tier I.  The product used has two incidents reported to the
state within the past year, so place a check mark under column C in
Tier II. The farm type is field, so place a check mark under column E
in Tier III.  Since Very Green Acres grows corn, it uses only machines
to harvest the crop, so place a check mark under column B in Tier III.
Complete the chart for Daniel Farm and Mayo Green House following
the threshold key and using the same rationale. Please refer to the
example matrices on the previous pages.
Step II
Total the number of check marks in Tier I, II, and III. Complete this
step (for each potential inspection site) on each matrix.
Step III                 Using the threshold key on page B-7, the three potential inspection
                        sites were assigned the following priorities:

                        Mayo Green House = High Priority

                        Daniel Farm = High Priority

                        Very Green Acres = Medium Priority
Prioritizing Similar
Categories/ Tie-
Breaking Factors
If a state was to then prioritize the two high priority inspections, Mayo
Green could be considered of higher priority (than Daniel Farm) given
that more factors fell into Tier I (as shown on page B-12) for Mayo
Green House.  (More specifically, the chemical used at Mayo Green
House is a toxicity category 1 product and the farm type and crop
harvest method offers the greatest potential for exposure.)

These factors are placed in the matrix from left to right in columns in
order of importance. These two factors represent the tie-breaking
factor when the number of check marks in Tier I is identical for two
sites. Other tie-breaking factors are the target audience (applicators,
Page B-12
                              Worker Protection Inspection Guidance

-------
                                                Risk-Based Targeting Matrices and Examples
                       handlers, or workers) and the number of workers.  Volume of
                       pesticides used at the site should also be a tie-breaking factor.
Using the
Risk-Based Matrix
for Producer
Establishment
Inspections (PEI)
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.  (See WPS Active Ingredient List in Appendix E.)

The step-by-step process, previously described, for using the R-B
matrix for use inspections would also apply to use of the PEI
risk-based matrix.
Prioritizing Similar
Categories/ Tie-
Breaking Factors
Similar to Matrix I, Matrix II has been designed from left to right in
order of importance.

The states are also encouraged to target PEIs based on the greatest
potential for risk reduction whenever possible.  The risk-based
targeting matrix for PEIs suggests one recommended approach for
doing so.
Worker Protection Inspection Guidance
                                                      PageB-13

-------
                        THRESHOLD KEY FOR
    RISK-BASED TARGETING FOR USE INSPECTION
                           MATRIX I









TIER I



TIER II



TIER III

TOXICITY OF
PRODUCT
USED ON
SITE



(A)

TOX1



TOX2



TOX 3 AND
TOX4
CROP
GROWN/
HARVEST
METHOD


(B)


HAND ONLY



HAND AND
MECHANICAL
(MECH.)

MECH. ONLY

HISTORICAL
PROBLEMS
WITH
PRODUCT'S
ACTIVE
INGREDIENT
S
(C)

3 OR MORE
INCIDENTS
WITHIN PAST
YEAR
1-2
INCIDENTS
WITHIN PAST
YEAR
NONE

HISTORICAL
COMPLIANC
E PROBLEMS
WITH SITE


(D)


3 OR MORE
ACTIONS


1-2 ACTIONS



NONE

FARM
TYPE/
NUMBER
OF
WORKERS



(E)
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
L = Low Priority

-------
           RISK-BASED TARGETING FOR
           PRODUCER ESTABLISHMENTS
                    MATRIX II
NAME OF THE ESTABLISHMENT(S):






TIER I
TIER II
TIER III
HISTORICAL
ESTABLISHMENT
COMPLIANCE
PROBLEMS

(A)



HISTORICAL
PRODUCT
PROBLEMS


(B)



TOXICITY
CATEGORY
OF PRODUCT
PRODUCED

(C)



NUMBER OF
PRODUCTS
PRODUCED
SUBJECT TO
WPS
(D)



TOTAL
CHECKS OR
ENTRIES AND
ASSOCIATED
PRIORITY
(E)




-------
                          THRESHOLD KEY FOR
       RISK-BASED TARGETING FOR PRODUCER
                     ESTABLISHMENTS
                            MATRIX II






TIER I



TIER II


TIER III

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
PRODUCT
PRODUCED ON
SITE
(C)
TOX1



TOX2


TOX 3 AND
TOX4
NUMBER OF
PRODUCTS
PRODUCED
SUBJECT TO
WPS
(D)
4 OR MORE



3


1-2

TOTAL CHECKS
OR NUMBERS/
PRIORITY


(E)
2-5 CHECKS=H
1 CHECK=M
0 CHECK=L

3-5 CHECKS=H
1-2 CHECK=M
0 CHECK=L
4-5 CHECKS=L
2-3 CHECKS=M
Key to the chart - Column E:
H = High priority
M = Medium Priority
L = Low priority

-------
Appendix D Inspection Checklists

-------
Inspection
Checklist
Instructions
The worker protection checklists have been divided into separate
checklists, each one addressing a different type of worker protection
inspection. These checklist types are as follows:

              Registrant/producer Establishment Inspections

              Marketplace/Dealer Inspections

       •      Farms/Forests Use inspections

       •      Nurseries Use inspections

              Greenhouse Use Inspections

These checklists are designed to reflect the order of activities the
inspector will engage in while on site. In addition, for use inspection
checklists the "CORE" questions have been identified for the inspector
to ask the employer during the opening interview.  The CORE questions
should be addressed in every Routine use inspection. The remaining
questions on the use checklists should be addressed if the inspector is
conducting a Comprehensive worker protection inspection.  If a
pesticide application is ongoing during the inspector's visit, he/she
should immediately proceed to the application site.  The checklists are
also divided into separate sections which address  specific handler, early-
entry worker, and the field worker questions. The page numbers on the
checklists refer to the Worker Protection Field Pocket Guide.

Inspectors are encouraged to make multiple copies of each checklists,
since inspections may involve more than one application site, or more
than 4 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 in comment
section and attach documentary evidence from the records of pesticide
applications at site.

-------

                                    WORKER PROTECTION REGISTRANT/PRODUCER/MARKETPLACE/
                                                    DEALER ESTABLISHMENT CHECKLIST
REMINDER FOR INSPECTORS: Present Credentials, Issue Notice of Inspection. All Pesticide Products being sold or distributed by registrants/producers must bear revised
WPS labels or in compliance with labeling options provided in PR Notice 93-11 that comply with PR Notice 93-7 after April 21,1994.

Note:  If more than 4 pesticides are sold or distributed by the establishment, copy additional sheets. Page numbers in parentheses refer to Worker Protection Field Inspection Pocket
      Guide.
Type of Inspection (circle one)
Registrant Producer Marketplace Dealer
Inspection Tasks
Label Review: Requirements based on 40 CFR part 156,
subpart K (Labeling Statements, P. 1 1-16)
VERIFY EACH OF THE FOLLOWING WPS
STATEMENTS
PRESENT
1. Application restriction statements (P. 11)
2. 40 CFR Part 170 reference statements (P. 12)
3. Product-type ID statements (P. 12)
4. State restrictions (P. 13)
5. Spanish warning statements (toxicity I or II
P. 13-14)
6. Restricted-entry statements (P. 14-15)
7. Notification-to-worker statements (P. 16)
8. PPE statements (P. 16)
Firm Inspected (Name and Address):
Person Interviewed:
Date of Inspection
Names of Pesticides and EPA Registration Number
1)


Y










N










N/A










2)


Y










N










N/A










3)


Y










N










N/A










4)


Y










N










N/A










Enforcement Official Signature:,
Date:

-------
                                      WORKER PROTECTION
         ^-"~    FARMS/GREENHOUSES/NURSERIES/FORESTS
                       CORE CHECKLIST FOR ROUTINE INSPECTIONS

REMINDER FOR INSPECTORS: Present Credentials, Issue Notice of Inspection
 NAME/ADDRESS OF THE ESTABLISHMENT

                                                           SIZE IN ACRES:
                                                                       GREENHOUSE
* NOTE: Page numbers in parentheses refer to Worker Protection Field Inspection Pocket Guide.
 Some questions have multiple answers, please check appropriate boxes.
 DETERMINATION OF WPS COVERAGE
Name of the agricultural employer/manager/responsible individual(s) interviewed.

Are pesticides with labeling that refers the WPS, used on the establishment for the production of agricultural plants?

YES   • •        NO

Does the establishment hire or contract workers to do tasks related to the commercial production of agricultural plants?
YES   • •        NO
How many workers are employed?   Workers
                          Family Members
Does the establishment hire or contract pesticide handlers or family members to do tasks related to the commercial
production of agricultural plants?
YES
NO
If the answer to either one or more questions is yes, the employer must comply with the Worker Protection
Standard. Request to see Pesticide storage area and record pesticides with WPS label on a separate form/sheet.

-------
                                      WPS CORE CHECKLIST PAGE 2


 RESPONSIBILITIES OF COVERED EMPLOYERS OF WORKERS AND HANDLERS

(Verify by asking questions or by observations)


1.      Where are the EPA WPS safety poster, emergency medical care information (name, address and telephone
              number of nearest medical facility) and facts about recent pesticide application displayed? Ask to see the
              location and observe if the information is:        Legible Yes • • No
              Provided  at an accessible central location? Yes • • No • •
              Up-to date?   Yes  • •  No  • • (p. 43-45)

       a.  How are workers/handlers informed about the location of this information? (p.42)

       b.  Is the pesticide safety poster the EPA safety poster?  (p. 43-44)  Yes  • • No  ••

       If answer is no, than take a photograph of the poster and later compare it with EPA safety poster for any WPS
       required information.


2.      How are workers  informed about pesticide applications and restricted-entry intervals? (p.21-24)

       Oral warning?    ••           Posted signs?   ••           Both?  ••

       a.      If warning signs used, where are the signs posted? All entrances? ••  Some entrances?   ••  None  ••

       b.      When are the signs put up?  24 hours before the application? •• After the application?  ••
              All the time?  • •

       c.      When are they removed?  Within 3 days after the application? •• After REI expires? ••

       d.      How are warnings given to workers who are unable to understand English? (p. 24)


3.      Who is allowed in the treated area during the pesticide application? What steps are taken to ensure that the
       treated area is vacated by unprotected persons during the application? (p. 24-25)
       How do you ensure that all workers and handlers who enter a treated area for which a REI is in effect or had
       expired within 30 days, received pesticide safety training? (p. 38-42)


       a.      Who provides training?

              Certified applicator? •• Trainer of certified applicators?  ••     Pesticide handler?  ••
              Employer? • •         Others?   • •                        No training provided?  • •

       b.      What materials are used for workers? For handlers?

              WPS Training material developed by EPA?  •• Equivalent material?  ••   Other?  ••

-------
                                       WPS CORE CHECKLIST PAGE 3


5.      Is the handler/worker decontamination site easily accessible to the workers/handlers? (p. 45-47)

       Is it less than 1/4 mile from where they are working?  • • More than 1/4 mile? • •
       In the area being treated with pesticides?  • •

       b. Contents of site? (p. 46) Sufficient water  Yes  •• No •• Soap?  Yes  ••  No ••
         Single use towels? Yes  • -No   • • Clean change of clothes (at handler site)  Yes • -No


6.      What is the procedure in case of worker/handler injury or illness due to agricultural pesticides? (p. 48)


       a.     Who provides transportation to the emergency medical facility for worker/handler?  Who is responsible
              for providing information about the pesticide product to medical personnel/victim? (p. 48)


7.      Have any WPS pesticide product's poisoning incidents occurred on this establishment?

       Yes    •  •        No

       If yes, briefly describe the incident.
8.      Ask employer to show you Personal Protective Equipment (PPE) that is available for use on site by handlers
       and early entry workers, (p. 32-37)

       a.     Who instructs workers/handlers in the proper use of PPE and ensures that PPE is correctly worn by
              workers/handlers for its intended use? (p. 32-33)


       b.     How is PPE cleaned and dried? Is PPE cleaned according to the manufacturer's instructions?


       c.     Who cleans and maintains it? What information is given to the person responsible for cleaning the PPE?
              Does the employer inform them that:

              PPE may be contaminated with pesticides? • •  Harmful effects of exposure to pesticides?  • •
              How to clean PPE correctly?  • •

       e.     Who inspects PPE for leaks, holes and any damage? (p. 33)

       f.      How often are respirator filters replaced? (p. 34)


9.      Where do workers/handlers place their personal clothing when not in use?


       a.     Where do they change into and out of PPE?  Are they away from pesticide storage and use areas?

-------
                                     WPS CORE CHECKLIST PAGE 4


10.     Are workers/handlers restricted from wearing home or taking home PPE? (p. 34)

       Yes   ••       No       If yes, explain briefly.
11.     What steps are taken to ensure that the mixing, loading, and application equipment is in working order and safe
       before each use? (p. 37-38)


    a. Who repairs, adjusts, or maintains it? (p. 38)
12.     How are early entry workers/handlers informed about product label requirements related to human related
       hazards, first aid and other labeling requirements related to safe use? (p. 31)
13.     When does the commercial handler employer provide WPS required information to the site employer about
       pesticide application? (p. 24)


    a. What information is exchanged? (p. 24-25)
  (We recommend that if an application is ongoing during an inspection, use WPS comprehensive checklist.)


REMINDER FOR INSPECTOR: Compliance Assistance may be provided at the end of or during the inspection.




COMMENTS:
Print Name and Title of Enforcement Official:
Enforcement Official Signature:

-------
                                      WORKER PROTECTION
                         FARMS/FORESTS/GREENHOUSES/NURSERIES
                              CHECKLIST FOR COMPREHENSIVE
                                          INSPECTIONS
REMINDER FOR INSPECTORS: Present Credentials, Issue Notice of Inspection.  For Comprehensive
inspection use Worker Protection Core Checklist in addition to this checklist.	
 NAME/ADDRESS OF AGRICULTURAL ESTABLISHMENT
 TYPE OF ESTABLISHMENT (Circle one)
  FARM    NURSERY   GREENHOUSE   FOREST
                                               DATE OF INSPECTION:
                                               NAME OF PESTICIDE/ EPA REG. NO.
                                               NUMBER OF WORKERS ON THE ESTABLISHMENT
                                               LOCATION OF WORKERS ON THE ESTABLISHMENT:
 * NOTE: Page numbers in parentheses refer to Worker Protection Field Inspection Pocket
Guide.
      One or more activities may be ongoing on an establishment, inspectors should use the
      appropriate section of the checklist and check mark appropriate boxes.  List pesticides in the
      storage shed with WPS label on a separate sheet.

INFORMATION THAT MUST BE  DISPLAYED AT A CENTRAL LOCATION (The inspectors,
should respond to the questions in this section by observing the central  location.)

1.     What required information is displayed at the Central Location? (p. 43-45)

      Application List? Yes ••  No •• Safety Poster? Yes • • No ••  Emergency information?  Yes • • No ••

      Is it Legible? Yes • • No • • Accessible to Workers/handlers?  Yes • • No • •  Up-to-date? Yes • • No

      (In the forest, this location may be near the forest where workers and handlers gather or pass by.)
2.
• • ND • •
Does the Application list include (p. 45): The location and description of area? Yes •• No

Product name, EPA Reg. No., and active ingredient(s) of the pesticide?  Yes • • No

Time and date the pesticide is scheduled to be applied? Yes • • No

Restricted-entry (REI) for the pesticide?   Yes  ••   No  • •

-------
                              WPS COMPREHENSIVE CHECKLIST PAGE 2
3.      Is the pesticide safety poster the EPA safety poster?    Yes  • •    No • •
       IF the answer is no, than check if any WPS required information is missing. If possible take a photograph of the
       poster and compare it with EPA safety poster, (p. 43-44)
4.      Does the emergency information, include, the name, telephone number and address of the nearest medical
       facility. (P. 45)
       Yes  • •       No  • •
5.      Does the location and description of the treated area allow workers/handlers to distinguish the area from other
       areas on the establishment? (p. 24)
       Yes  • •       No  • •

IF APPLICATION IS ONGOING. INSPECTORS SHOULD VERIFY THE
FOLLOWING HANDLER ACTIVITY THROUGH QUESTIONS OR
OBSERVATIONS

6.      Is the handler an employee of:  The agricultural establishment? ••  Commercial handling establishment? ••
       List name, address and telephone no. of commercial handler establishment
7.      Has the handler(s) been trained: Within the last 5 years as a WPS handler?  Yes • • No ••
       Is currently a certified applicator of restricted-use pesticides?  Yes • • No
       Has completed an approved pesticide train-the-  trainer program? (p. 40-42)  Yes   • •    No
       State whether handlers have,  A certification card? • • WPS-handler card?  • •  Other card?
       a. Is card current?   Yes • •  No  • •
       b. When did training occur, and by whom? 	
       c. What training materials were used for handlers? (p. 42)
        WPS training materials developed by EPA?  • •   Equivalent material?  • •  Other?  • •
8.      If commercial pesticide handlers are applying the pesticide(s), how and when do they or their employers convey
       information to the agricultural employer? (p. 24)
       Did the commercial handler informed the agricultural employer about:
       The specific location and area(s) that are to be treated?   • »Yes     • »No
       Time and date of application?  •  • Yes       • • No
       Product name, EPA Reg. No., active ingredients, restricted-entry interval for the pesticide?  • • Yes  • • No
       Whether the pesticide labeling requires both oral warnings and treated-area posting?      • • Yes  • • No
       Any other specific requirements on the labeling requirements?    • • Yes     • • No

-------
                                WPS COMPREHENSIVE CHECKLIST PAGE 3

9.      Did the handler receive information about the labeling requirements by the agricultural employer and have access
       to the pesticide labeling during the entire handling task? (P. 32)  Yes  • •   No    • • or

       a. Did the handler read the label?  Yes  • •  No • •

10.     How is the handler instructed on how to safely and correctly use all pesticide handling equipment? (P. 37)
INSPECTOR SHOULD VERIFY THE FOLLOWING THROUGH OBSERVATIONS OR QUESTIONS (Handlers)


11.     Ask, what precautions does the agricultural employer/handler take during pesticide applications so as not to
       contact anyone directly or through drift?

       a.      Was everyone except appropriately trained and equipped handlers kept out of areas being treated with
              pesticides? Yes  ••  No  •• If anyone exposed, list names and designation. (P. 25)

       In nurseries and greenhouses, were the workers prohibited from entering the treated area and any required
       border area. (p. 26-28)  Yes  • •  No

12.     When handling a highly toxic pesticide or a pesticide bearing the skull and crossbones symbol on the label,
       how is the handler monitored:  Once every 2 hours by sight? •• By voice communication?  ••  Not monitored? ••
              (P. 32)


13.     GREENHOUSE: Did employer make sure that the ventilation criteria was met (when required by the label) before
       handlers/workers were allowed to enter the treated area?  (p. 28-29)   Yes  ••   No  •• If answer is no,
       describe the incident.

14.     GREENHOUSE: If a fumigant is being applied, is the handler monitored: By another handler •• By a worker ••
              Was it by:  Constant visual contact?  • • Voice contact?  • •  Not monitored?  • •

15.     According to the label  of the pesticide being applied what PPE, if any, was the handler required to wear during
       application? (List PPE handler wore. P. 32-34)


       a. Ask, who cleans and maintains the PPE?  Handler  • •  Somebody else  • •  .

       b. Observe if the PPE  is correctly worn by the handlers for its intended use.  (p. 32)  Yes  • •  No

16.     If handlers are using (1) closed system, (2) enclosed cab, (3) open cockpit, or (4) closed cockpit, was less than the
       label-specified PPE worn? If so, list PPE worn. (P. 34-37)
17.     If the handler is using a product that requires protective eyewear, does the handler have:

       Immediate access to water for eye flushing?  • •
       One pint of emergency eyeflush water in dispenser?  • •
       Eyeflush water at a decontamination site?  • • (P. 46)

-------
                              WPS COMPREHENSIVE CHECKLIST PAGE 4


18.     Is the handler decontamination site easily accessible to the handler? (p.45-46)  Yes ••  No   ••

       Is it: Within 1/4 mile from where the handler is mixing/applying pesticides? •• More then 1/4 mile?  ••

       In the area being treated with pesticides? • •

       a. Is each decontamination site equipped with:
             Soap?  • •                    Single-use towels? • •
             A clean change of clothing?  • • Sufficient water for entire body wash? (Suggested amount 3
                                        gal/handler/day.)  • •
             Running tap water?  ••        Water in container?   ••   (P. 46-47)


19.     Do the handlers have a clean place to remove their PPE?  Yes • •  No   ••


IF ANY AREA IS UNDER RESTRICTED-ENTRY INTERVALS (RED. THEN
VERIFY THE FOLLOWING EARLY-ENTRY ACTIVITIES THROUGH

QUESTIONS

QUESTIONS FOR EARLY-ENTRY WORKERS

20.     Were any workers other than trained and equipped handlers in the treated area during application or the REI, or in
       contact with any treated surface such as soil, water, plant? (Document worker exposure) (p. 24)
21.     How were the early-entry workers informed about application of the pesticide and any restricted entry interval?
       (Depending on the labeling of the pesticide.)  Oral warning? ••  Posted signs?   ••  Both?  ••

       If the warning signs are used, where are the signs posted? Farms: All entrances where workers usually enter?
             Each access road?  • • Each border with any labor camp, adjacent to treated area? • •

       Greenhouses: Were signs visible at all usual points of worker entry to the treated area? Yes •• No ••


22.     If oral warning, when was the warning given? Before the application of pesticide? • • After the application of
       pesticides?  • 'No oral warning given?  • • (P. 24)


23.     How soon after application did the worker enter treated area?  At least 4 hours?  • -after any inhalation exposure
       level listed on the label was reached? • • 2 hours after the application? • • (p. 30)

       a. How long had they been working in the field? 2 hours  • -No more than 1hr/24 hr • -(p. 30)


24.     Was there early entry into a treated area by workers under the following exceptions: (p. 30)

       a      If short-term tasks:
                    Lasf less than 1 hour and did not involve hand labor? • •
                    Last more than 1 hour? • •
                    Involves hand labor?  • •

       b.     If an Agricultural emergency exception, what agency (State, Tribal, Federal) declared that circumstances
             exist that might cause an emergency on the establishment?

       c.     What was the emergency?  (p. 30)

-------
                                 WPS COMPREHENSIVE CHECKLIST PAGE 5


25.    How does the agricultural employer ensure that all workers who enter a treated area for which a REI is in effect or
       had expired within 30 days, received pesticide safety training? (p. 38-40)

       Do they have:  A certification card ••  WPS worker card? ••  Other card?  ••  No card? ••


       a. Who provides training? (p. 38-39)  Certified applicator?  • •  Trainer of certified applicators? • •
         Pesticide Handler?  • • Employer?   • • No training provided?  • •


       b. What materials are used? (P. 42) WPS Training material developed by EPA? • • Equivalent material? • •


26.    How has each early-entry worker been  informed about the safety information and instructions on the labeling of the
       pesticide to which the REI applies? (P. 30-31)


       a.      Did the agricultural employer assure the early entry worker was informed in a manner in which they could
               understand the information? (p.38)


27.    How were they instructed to prevent, recognize,  and give first aid for heat illness? (P. 34)


28.    How did early entry workers receive instructions on how to correctly put on, use and take off PPE? (p. 32-33)


       a.      When  and who instructed the workers? (p. 31)


29.    Is the treated area posted? (p. 23) Yes  • •  No • •  Can the sign be seen at all entrances to treated areas?  • •

       At the entrance from the labor camps?  • •              Was the  EPA sign used?  • •
       Was it legible? • •                           Was it 14"x 16" (unless area too small for such size sign)? • •
       Posted during  application and entire REI?  • •

30.    Were the workers provided PPE required  by the pesticide labeling  for early entry tasks? (list PPE used)(p. 32)
31.     Is a decontamination site accessible to the early-entry workers? (p. 46)  Yes  • •  No

       Is it within 1/4 mile from where they are working?  • •   More than 1/4 mile?  • •
       Located in the area that remains under an REI?  • •


32.     Is it equipped with:     Sufficient water for routine washing?  • Emergency eyeflushing water?  • •
                             Soap? ••                           Single-use towels?  •• (p. 46-47)

-------
                              WPS COMPREHENSIVE CHECKLIST PAGE 6


33.     If pesticide labeling requires protective eyewear, do the workers have:  Immediate access to eyeflush water?  • •

                                                            Running water? • •
                                                            Eyeflush dispenser?   • • (p. 46)


34.     Do the workers have a clean place to remove their PPE? Is that place equipped with soap, clean towels and water
       for thorough washing? (P. 46-47)    Yes ••   No  • •


35.     Are workers aware of central location, which contains the safety poster, emergency information and notice of
       pesticide applications? (P. 43)   Yes  • •   No


36.     Did site employer took any action to  prevent or discourage any worker from complying with worker protection
       requirements (Such as use of PPE, decontamination site, and asking for emergency assistance)? (p. 49)
 REMINDER FOR INSPECTOR: Provide Compliance assistance information at end of or during
 inspection.
COMMENTS:
Print Name and Title of Enforcement Official:
Enforcement Official Signature:  	  Date:

-------
Appendix E Sample Label

-------
Appendix E
                                                                          Sample Label
                                            SAMPLE LABEL
      Spanish
      Warning
     Statement
   Product-type
   Identification
     Statement
                                               RESTRICTED USE PESTICIDE
                                                  Due to very high toxicity 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
                                                          GALACTOTHION
                         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
Si Usted no entiende la etiqueta, busque a alguien para se la explique a Usted 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
                         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 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
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. 56787-CO-3      2527 South VIP Drive         55 Gallons
                                   Biardspond, MI 22315
Worker Protection Inspection Guidance
                                                                              Page E-l

-------
Sample Label
                                                                           Appendix E
       Personal
       Protective
      Equipment
       Statement
                             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.
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 and Other Handlers must wear:
                          Coveralls over long-sleeve shirt & 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 pesticides  [40 CFR 170.240(d)(4-6)1, the
                          handler PPE requirements may be reduced or
                          modified as specified in the WPS.
                                                  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 clean
                                              clothing.
                                            • Remove PPE immediately after handling this
                                              product. Wash the outside of the gloves before
                                              removing. As soon as possible, wash thoroughly
                                              and change into clean clothing.
   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.
Page E-2
                                           Worker Protection Inspection Guidance

-------
Appendix E
                                                                             Sample Label
     Application
     Restriction
     Statements

          State
     Restrictions
      Statement
      Reference
      Statement
     Restricted-
         entry
   Statement
     DIRECTIONS FOR USE

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-workers, and
restricted-entry intervals. The requirements in this
box only apply to uses of this product that are
covered by the Worker Protection Standard.

Do not enter or allow worker entry into treated
areas during the restricted-entry interval (RED 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 shirt & long pants
—chemical-resistant gloves such as barrier
 laminate or vitron
—chemical-resistant footwear plus socks
—protective eyewear
—chemical-resistant headgear

Notify workers of the application by warning
them orally and by posting warning signs at
entrances to treated areas.
   STORAGE AND DISPOSAL

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 0 F.

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.
Worker Protection Inspection Guidance
                                                                                 Page E-3

-------