United States Office of Regulatory EPA 300-B-97-001
Environmental Protection Enforcement (7203) September 1997
Agency
Worker Protection
Inspection Guidance
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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.
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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
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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
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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
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Chapter I. Background on the
Worker Protection Standard
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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.
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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
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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.
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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.
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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.
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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.)
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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.)
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Chapter II.
Section 1. Summary of Effective Dates
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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
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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:
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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.
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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.
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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
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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
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Chapter II.
Section 2. Worker Protection
Inspection Strategy
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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.
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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.
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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
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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
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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
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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.
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Chapter III. Specifics of the
Inspection Process
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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
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Chapter III.
Section 1. Registrant/Producer/
Marketplace/Dealer
Establishment Inspections
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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
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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.
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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
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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.
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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.
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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."
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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Chapter III.
Section 2. Use Inspections
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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
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Worker Protection Inspection Guidance
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)]
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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
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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
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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
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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
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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,
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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:
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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:
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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.
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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
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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
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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."
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Appendix A Key Definitions
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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.
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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.
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Worker Protection Inspection Guidance
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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.
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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.
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Appendix B Risk-Based Targeting
Matrices and Examples
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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:
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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
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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
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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:
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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?
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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?
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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
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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
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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)
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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)
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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)
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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:
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Appendix E Sample Label
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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
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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
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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
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