Office of Enforcement and Compliance Assurance
INSPECTION MANUAL
Worker Protection Standard Inspection Manual
&EPA
Number: OECA-MANL-2016-001-R0
1/2/2017
U.S. Environmental Protection Agency
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U.S. Environmental Protection Agency
Office of Enforcement & Compliance Assurance
Controlled Document
INSPECTION MANUAL
Title: Worker Protection Standard Inspection Manual
Effective Date: 1/2/2017
Number; OECA-MANL-2016-001-R0
Author
Name: Carol Galloway
Title: Program Analyst
Office: OC/MAMPD/PW7B
Signature: ' ^ A
Date: . -> , c- , ,
1Z / i . 1
Approvals
Name: Elizabeth Vizard
Title: Branch Chief
Office: OC/MAMPD/PWTB
^ - / if.
c- 4.
Signature: -
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Revision History
This table shows changes to this controlled document over time. The most recent version is
presented in the top row of the table. Previous versions of the document are maintained by
the Document Control Coordinator.
History
Effective Date
Worker Protection Standard Inspection Manual, Original Issue
1/2/2017
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Inspection Manual Revisions
This Worker Protection Standard (WPS) Inspection Manual is an inspection support tool
provided by the U.S. Environmental Protection Agency (EPA), for use by EPA regions, states and
tribes conducting federal inspections under the Federal Insecticide, Fungicide, and Rodenticide
Act and is a supplement to the EPA FIFRA Inspection Manual released in 2013. States and tribes
may also conduct inspections under their own authority and credentials. This document
supersedes the EPA WPS Agricultural Inspection Guidance released in February 2012. EPA
appreciates the valuable contributions made by EPA Regions, states and tribes to improve the
manual.
DISCLAIMER
This Inspection Manual is not a regulation and, therefore, does not add,
eliminate or change any existing regulatory requirements. The statements in
this document are intended solely as guidance. This document is not
intended, nor can it be relied on, to create any rights enforceable by any
party in litigation with the United States. EPA, state and tribal officials may
decide to follow the guidance provided in this document, or to act at
variance with the guidance, based on analysis of site-specific circumstances.
Deviations from this document on the part of any duly authorized official,
inspector, or agent shall not be a defense in any enforcement action; nor
shall deviation from this manual constitute grounds for rendering the
evidence obtained thereby inadmissible in a court of law. This manual may
be revised without public notice to reflect changes in EPA's policy.
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CONTENTS
Chapter 1. Introduction 9
1.1 The Worker Protection Standard 9
1.2 Goals of WPS USE Inspections 10
Chapter 2. Types of WPS Inspections 11
2.1 WPS Inspections 11
2.1.1 Routine (Non-Complaint Based) Inspections 11
2.1.2 For Cause (Complaint Based) Inspections 11
2.2 Inspection Timing - Tier I and Tier II 11
2.2.1 WPS Tier I 12
2.2.2 WPS Tier II 12
Chapter 3. Types of Regulated Establishments 12
3.1 Agricultural Establishment 12
3.2 Owners of Agricultural Establishments and Their Immediate Family 13
3.3 Commercial Pesticide Handling Establishment 14
3.4 Farm Labor Contractors (FLC) 15
Chapter 4. Pre-lnspection Planning 16
4.1 Document Review 16
4.2 Biosecurity, Food safety and Personal Safety 16
Chapter 5. Conducting the Inspection 17
5.1 Opening Conference 17
5.2 Documentation 18
5.3 Review Pesticide Labels on Site 20
5.4 Record Review 20
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5.4.1 Application and Hazard Information Records (§170.311) 20
5.4.2 Pesticide Safety Training Records (§170.401(d), §170.501(d)) 20
5.4.3 Respirator Safety Records (§170.509(b)(10)) 21
5.5 Employer/Supervisor Interviews 24
5.5.1 Requirements that Apply to Agricultural Employers of Workers,
Agricultural Employers of Handlers, and Commercial Pesticide Handler
Employers 25
5.5.2 Requirements that Only Apply to Agricultural Employers of Workers and
Agricultural Employers of Handlers 30
5.5.3 Restrictions for Agricultural Employers during Applications 35
5.5.4 Treated Areas Information from the Agricultural Employer to the
Commercial Handler Employer 37
5.5.5 Requirements that Only Apply to Agricultural Employers of Workers... 37
5.5.6 Requirements That Only Apply to Agricultural Employers of Handlers
and Commercial Pesticide Handler Employers 42
5.6 Employee Interviews 51
5.6.1 Title VI of the Civil Rights Act of 1964 and Limited English Proficiency.. 52
5.6.2 Addressing Language Barriers 52
5.6.3 Addressing Disabilities 53
5.7 Worker Interviews 53
5.7.1 Pesticide Safety Training 54
5.7.2 Decontamination Supplies 54
5.7.3 Emergency Assistance 54
5.7.4 Display of Pesticide Safety, Application and Hazard Information 55
5.7.5 Establishment-Specific Information 56
5.7.6 Notification of Treated Areas and Restrictions During and After
Applications 57
5.7.7 Early Entry 57
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5.7.8 Retaliation 59
5.7.9 Pesticide Exposure Incidents 59
5.8 Handler Interviews 59
5.8.1 Minimum Age 60
5.8.2 Pesticide Safety Training 61
5.8.3 Decontamination and Eye Flushing Supplies 61
5.8.4 Emergency Assistance 62
5.8.5 Display of Pesticide Safety, Application and Hazard Information 62
5.8.6 Establishment-Specific Information 64
5.8.7 Information on Treated Areas Provided to a Commercial Pesticide
Handler Employer and Handler 65
5.8.8 Safe Operation of Equipment 65
5.8.9 Restrictions for Handlers and Handler Employers during Applications.. 65
5.8.10 Handler Knowledge of Labeling and Application-Specific Information 67
5.8.11 Applications of Highly Toxic Pesticides 67
5.8.12 Fumigant Applications in Enclosed Space Production 67
5.8.13 Personal Protective Equipment (PPE) for Handlers 68
5.8.14 PPE Exceptions 70
5.8.15 Retaliation 73
5.8.16 Pesticide Exposure Incidents 73
5.9 Exit Conference 73
Chapter 6. Post Inspection 75
End Notes 76
Appendix A: Glossary of Terms 77
Appendix B: Sample Inspection Checklists 81
Appendix C: OSHA Regulations on Respirators 95
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Appendix D: TableEntry Restrictions During Enclosed Space Production Pesticide
Applications 170.405(b)(4) 102
Appendix E: WPS Application Zone Requirements Question and Answer Fact Sheet. 104
Appendix F: Additional Resources 108
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CHAPTER 1. INTRODUCTION
This manual is a supplement to the Environmental Protection Agency's (EPA) Federal Insecticide.
Fungicide, and Rodenticide Act (FIFRA) Inspection Manual. October 2013. Inspectors should
consult that manual for basic information on FIFRA inspections such as health and safety,
entry/opening conference, use and for-cause inspection procedures, sample collection, records
examination, documentation, report writing and other related topics. This document focuses on
elements of a FIFRA inspection that are unique to Worker Protection Standard (WPS)
inspections. EPA, states and tribes should follow these procedures for WPS inspections
conducted using federal credentials. Inspectors using state or tribal credentials are encouraged
to incorporate these procedures into state or tribal procedures. More information on Use
Inspections is provided in Chapter 8 of the EPA 2013 FIFRA Inspection Manual.1
This manual provides information to EPA and pesticide lead agency inspectors on how to
conduct WPS inspections that adequately document compliance with the WPS rule2
requirements and includes how to involve individuals with limited English proficiency (LEP),
required under Title VI of the Civil Rights Act3, or disabilities, in conformance with the
Rehabilitation Act4, in the WPS inspection process. This manual is intended to promote
nationally consistent WPS inspections.
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and
national origin in programs and activities receiving federal financial assistance. As recipients of
federal financial assistance, states are obligated to comply with the requirements concerning
Limited English Proficiency (LEP). See Section V for more information on how Title VI affects
WPS inspections.2
The U.S. Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs
conducted by federal agencies, in programs receiving federal financial assistance, in federal
employment, and in the employment practices of federal contractors. As a recipient of federal
financial assistance, states are obligated to accommodate a communication barrier due to an
individual's disability, such as a vision, hearing or speech impairment. Specifically, states must
make a reasonable accommodation for known physical or mental limitations of an individual
with a disability. See Section V for more information on how the Rehabilitation Act affects WPS
inspections.
1.1 THE WORKER PROTECTION STANDARD
The WPS was promulgated in 1992 under Section 25 of the Federal Insecticide, Fungicide,
Rodenticide Act (FIFRA), and a revised final WPS rule was published in the Federal Register on
November 2015, resulting in significant revisions to WPS provisions and requirements.
Under FIFRA section 12(a)(2)(G), it is unlawful for any person "to use any registered pesticide
in a manner inconsistent with its labeling." When the following WPS reference is included on
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a pesticide label within the label's "Agricultural Use Requirements" section, "Use this product
only in accordance with its labeling and with the Worker Protection Standard. 40 CFR Part
170". users of the pesticide must comply with all of the applicable requirements of the WPS
contained in the Code of Federal Regulations, Title 40, Part 170. Exceptions to the
requirement to comply with Part 170 include requirements that are inconsistent with product-
specific instructions on the labeling, or as provided for in 40 CFR §170.601, §170.603 and
§170.607. A person who fails to comply with or perform the duties required by the WPS is in
violation of the label requirements and violates FIFRA section 12(a)(2)(G) and is subject to civil
penalty under section 14 of FIFRA. A person who knowingly violates section 12(a)(2)(G) is
subject to FIFRA section 14 criminal sanctions. FIFRA section 14(b)(4) provides that a person is
liable for a penalty under FIFRA if another person employed by or acting for that person
violates any provision of FIFRA.
FIFRA authorizes EPA to grant primary pesticide enforcement responsibility to state pesticide
lead agencies or "SLAs" for pesticide use violations (FIFRA §26). EPA may provide similar
authority to tribes and territories. Hereafter "SLA" is used to refer to all pesticide lead agencies.
A lead agency has responsibility to ensure compliance with the Worker Protection Standard.
1.2 GOALS OF WPS USE INSPECTIONS
WPS agricultural use inspections (hereafter called WPS inspections) are a subset of the overall
number of agricultural use inspections (pursuant to 40 CFR part 170). Verifying compliance with
WPS requirements is a fundamental element of any pesticide inspection conducted at an
establishment where WPS-labeled pesticides are used in or related to the production of
agricultural plants.
The WPS compliance monitoring program includes:
Ensuring employers provide the proper protections from pesticides to workers and
handlers required under the WPS regulations;
Decreasing incidents of pesticide exposure among workers and handlers through
increasing employer compliance;
Ensuring workers and handlers understand appropriate ways, and are allowed to take
steps, to protect themselves from pesticides.
The goals of WPS inspections include:
Strategically targeting inspections to maximize the number of WPS requirements that
can be evaluated;
Obtaining evidence to evaluate compliance, including documenting data to support the
determination of violations and any appropriate enforcement actions;
Identifying problems during the inspection to ensure immediate corrective action as
needed;
Complying with Title VI of the Civil Rights Act and the Rehabilitation Act;
Providing information to the establishment about the WPS regulatory requirements.
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CHAPTER 2.TYPES OF WPS
INSPECTIONS
2.1 WPS INSPECTIONS
A WPS inspection must meet the following conditions:
Pesticides with WPS labeling have been used recently on the establishment.
All the applicable WPS requirements have been covered.
The inspector has interviewed (or attempted to interview) one or more available
employed workers and handlers present on the establishment (or provides an adequate
explanation of the reason no workers and handlers were interviewed).
2.1.1 Routine (Non-Complaint Based) Inspections
Routine inspections are selected based on a neutral inspection targeting scheme (i.e., they are
not based on tips or complaints).
2.1.2 For Cause (Complaint Based) Inspections
A "for cause" inspection is conducted in response to suspected pesticide misuse generally from a
tip or complaint. For cause inspections require the inspector to indicate on the Notice of
Inspection that the inspection is "for cause," and generally entail more detailed documentation
of WPS compliance and potential noncompliance by the employer. For detailed instructions on
conducting for cause use inspections, see Chapter 8 of the FIFRA Inspection Manual, 2013.
2.2 INSPECTION TIMING - TIER I AND TIER II
The best time to conduct a WPS inspection is when the agricultural establishment is
actively engaged in handling pesticides or conducting field worker activities. The majority
of WPS requirements apply in the time period that starts with an application and ends
30 days after the REI expires. However, it is possible to conduct a WPS inspection at any
time. The 2015 WPS Rule's recordkeeping provisions for safety training, pesticide
application and hazard information, and those related to respirator requirements can be
evaluated during any WPS inspection, regardless of the time from application.
To distinguish between inspections conducted during the most optimal time period and those
conducted at other times, EPA defined two types of WPS inspections, Tier I and Tier II
inspections. All WPS inspections should cover all the requirements that apply at the time of
the inspection and include interviewing workers and handlers, or provide an adequate
explanation of the reason no workers and handlers were interviewed, for example, if
workers/handlers are not present or did not agree to be interviewed. If these conditions are
not met, the inspection may not be considered a WPS inspection, but may be considered an
"agricultural pesticide use" inspection.
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2.2.1 WPS Tier I
A WPS Tier I compliance monitoring inspection must:
Be conducted within the time frame that begins when pesticides are applied and extends
to 30 days after the expiration of the REI for the last pesticide used that contains the
WPS reference statement;
2.2.2 WPS Tier II
A WPS Tier II compliance monitoring inspection is:
Conducted at any time other than within the time frame that begins when pesticides are
applied and extends to 30 days after the expiration of the REI for the last pesticide used
that contains the WPS reference statement;
In general, EPA recommends that Tier II compliance monitoring inspections be conducted
within the current growing season or in the next growing season not exceeding six
months from the last date of application.
CHAPTER 3.TYPES OF REGULATED
ESTABLISHMENTS
The WPS requirements apply to agricultural establishments involved in crop production,
commercial pesticide handling establishments and individual handlers that provide crop
advising services to, or apply pesticides on, agricultural establishments involved in crop
production.
3.1 AGRICULTURAL ESTABLISHMENT
An agricultural establishment is a:
Farm,
Forest operation, or
Nursery engaged in the outdoor or enclosed space production of agricultural plants.
An establishment that is not primarily agricultural is an agricultural establishment if it produces
agricultural plants for transplant or use (in part or their entirety) in another location instead of
purchasing the agricultural plants.
The WPS requirements apply to agricultural establishments that use a WPS-labeled pesticide
product directly related to the production of an agricultural plant and employ workers or
handlers. This definition is explained in detail below:
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Use a WPS-labeled pesticide product - WPS requirements are incorporated onto
pesticide labeling of agricultural use products by a WPS reference statement contained
in the "Agricultural Use Requirements" box;
Are directly related to the production - Directly related to the production includes
grown, maintained or otherwise produced for commercial purposes, or for use in part
or entirety in another location;
Of an "agricultural plant" - An agricultural plant includes, but is not limited to, grains,
oil crops, fruits and vegetables, wood fiber or timber products; flowering and foliage
plants and trees; seedlings and transplants and turf grass produced for sod;
Employ workers or handlers - Under WPS, employing workers or handlers is defined as
obtaining the services of a person in exchange for a salary or wages, including piece-rate
wages either directly or through a labor contractor (see §170.305). Non-monetary forms
of compensation, such as class credit for students, are not considered "employment".
However, a situation where a worker is given some of the product being produced (e.g.,
a pound of spinach for every 4 hours worked) which is later purchased by the employer
for cash is considered employment and is an example of piece-rate wages.
3.2 OWNERS OF AGRICULTURAL ESTABLISHMENTS AND
THEIR IMMEDIATE FAMILY
Agricultural establishment owners of establishments that are majority-owned by immediate
family members (i.e., more than 50% ownership) are covered by a subset of WPS requirements
that apply to owners of agricultural establishments and
their immediate family (§ 170.305).
When conducting inspections at these types of
agricultural establishments, inspectors should identify if
the establishment employs any workers or handlers that
are not immediate family members. The owners of
agricultural establishments must provide all of the
applicable protections required by this part for any
employees or other persons on the establishment that
are not members of their immediate family.
Inspectors should be aware of the following:
1) There is no exemption for "family farms";
2) The "agricultural establishment" itself is NOT
exempt from the WPS;
3) This exemption only covers the owner and
immediate family members; and
4) The exemption applies to establishments that
are majority-owned (i.e., more than 50%
ownership) by immediate family members
2015 Change to Exemption for
Owners of Agricultural
Establishments and their
Immediate Family
Prior to the 2015 revisions to the
WPS regulations, farm owners who
use WPS-labeled products directly
related to the production of an
agricultural plant, on
establishments that are - wholly
owned by immediate family
members were covered by a
subset of WPS requirements. The
2015 regulation revised these
requirements to include
establishments that are majority-
owned by immediate family
members (i.e., more than 50%
ownership).
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(rather than wholly-owned by immediate family members as prior to the 2015
revisions).
The definition of "immediate family" (§170.305) is limited to: spouse, parents, stepparents,
foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-
law, daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-
in-law, aunts, uncles, nieces, nephews, and first cousins.
Owners and immediate family must still comply with all labeling requirements and the
following parts of the WPS:
When respirators are required on the pesticide labeling, must follow WPS requirements
for training, medical evaluation, fit testing, and recordkeeping;
Must use the PPE and other work attire listed on pesticide labeling (and are eligible for
the allowable exceptions to PPE, such as when using a closed system);
Must keep immediate family members out of the treated area until the restricted-entry
interval (REI) expires;
Must ensure pesticide is applied so it does not contact anyone, including members of
the immediate family (requirement on label and in WPS);
Everyone, including members of the immediate family, must be kept away from the
treated area during the application and the application exclusion zone or "AEZ" (for
information on the AEZ, see section 5.5.3);
If any workers are considered Early Entry Workers the owner must ensure each early
entry worker is provided with the required PPE, that it is used as intended, properly
maintained, and that all required conditions are met.
If the owner is also the handler, the owner must comply with the handler restrictions
concerning the AEZ (for information on the AEZ, see section 5.5.3); and
Any pesticide applied must be used in a manner consistent with the product's labeling.
Inspectors should routinely ask if the agricultural establishment being inspected employs any
family members. If so, the inspector should ask how many are employed and what relation they
are to the owner. In this way, the inspector should be able to identify if the exemption that
applies to owners of agricultural establishments and their immediate family applies to all
workers and handlers or a subset.
3.3 COMMERCIAL PESTICIDE HANDLING ESTABLISHMENT
Commercial pesticide handling establishment is defined in §170.305 as any enterprise, other
than an agricultural establishment, that provides pesticide handler or crop advising services to
agricultural establishments. When inspecting a commercial pesticide handling establishment, it
is important for the inspector to determine the pesticide handler employer's compliance with
all relevant WPS requirements and to determine the individual handler's compliance with the
unique WPS responsibilities for handlers (e.g., suspending application if there is a person or
persons in the application exclusion zone).
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3.4 FARM LABOR CONTRACTORS (FLC)
A farm labor contractor is a person, other than a commercial pesticide handler, who employs
workers or handlers to perform tasks on an agricultural establishment for an agricultural
employer or a commercial pesticide handler employer.
The agricultural employer is ultimately responsible for
WPS protections for workers and handlers whether
they work for the agricultural employer directly, or are
hired through a farm labor contractor. The agricultural
employer may include in contracts with farm labor
contractors, a requirement to comply with some
aspects of WPS, for example, to conduct pesticide
safety training. However, agricultural employers are
ultimately still responsible for ensuring that training is
conducted and are required under the revised 2015
WPS regulations to maintain, on-site, the training
records for FLC workers and handlers on the
establishment, just as they are for workers and
handlers who are hired directly.
In situations where the agricultural employer has
contracted with an FLC to comply with WPS protections
and those protections were not provided, the inspector
should interview and obtain statements from both the
agricultural employer and the FLC.
The scope of an SLA's inspection of an FLC will depend
on whether the SLA has the regulatory authority to take
an enforcement action for violations of individual
worker protection regulations, including violations by FLCs, or only has authority to enforce
against the agricultural employer and handler employer for misuse of the pesticide.
If the SLA has the regulatory authority to take enforcement action for violation of the WPS
regulations by FLCs, a WPS inspection should include:
Evaluation of all applicable WPS requirements; and
Interviewing workers and handlers, if appropriate.
When inspecting an FLC, the inspector should ask:
If any WPS responsibilities were required under their contract with the agricultural
establishment and if yes, when were they conducted. See section 5.5 on
Employer/Supervisor interviews. The inspector should verify this information with
workers and handlers during interviews as appropriate.
Interview FLC workers and handlers to determine if all required WPS safety provisions
were provided where applicable. See sections 5.7 and 5.8 on interviewing workers and
handlers.
Identifying Farm Labor Contractors
All farm labor contractors are
required under the Federal Migrant
and Seasonal Agricultural Worker
Protection Act (MSPA) to obtain
federal certification prior to
performing any farm labor
contracting activities. For the list of
certified farm labor contractors, see
https://www.dol.gov/whd/regs/statutes/FL
Clist.htm.
The Department of Labor also
maintains a list of individuals who
may not engage in any activity as a
farm labor contractor. For more
information see
https://www.dol.gov/whd/regs/statutes/rn
spa_debar.htm.
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CHAPTER 4. PRE-INSPECTION
PLANNING
To effectively plan a WPS inspection, inspectors should be familiar with the following:
The most common pesticide products used on specific crops;
How applications are typically made;
Which products contain WPS language on the pesticide labeling (some products used in
organic production have a Section 3 label and contain WPS language; others may not);
Which products have restricted-entry intervals longer than 48 hours (requiring
notification by posting) and;
Personal protective equipment requirements (e.g., respirators, glove material, etc.).
Understanding these agricultural practices will help inspectors plan inspections for key WPS
provisions and requirements, and when employees are most likely to be present.
4.1 DOCUMENT REVIEW
Become familiar with any relevant documents pertaining to the facility to be inspected, such
as previous inspection reports and enforcement actions. This review may provide a historical
perspective leading to potential compliance trends that can be investigated during the
inspection.
4.2 BIOSECURITY, FOOD SAFETY AND PERSONAL SAFETY
For any establishments that maintain livestock or poultry in addition to crop production, the
WPS inspector should understand biosecurity procedures.5 Biosecurity procedures minimize
the risk of an inspector transmitting animal diseases from livestock or poultry facilities, to
livestock or poultry at another location. SLAs typically have their own biosecurity procedures or
may choose to follow EPA's Biosecurity Standard Operating Procedures.
(https://www.epa.gov/compliance/guidance-biosecurity-procedures-visits-livestock-and-
poultry-facilities)
Some agricultural establishments may restrict access to certain fields for plant biosecurity or
food safety purposes (e.g., FDA's Food Safety Modernization Act requirements, or for
accreditation under Good Agricultural Practices programs). The inspector should note this in
the report.
Follow appropriate health and safety requirements and recommendations (federal
requirements are contained in Chapter 2 of the FIFRA Inspection Manual).
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CHAPTER 5.CONDUCTING THE
INSPECTION
WPS inspectors must present identification, SLA or federal credentials and issue a Notice of
Inspection (NOI) (required for inspections using federal credentials) before proceeding to
conduct an inspection, or follow appropriate SLA procedures.
When using federal credentials, the inspector must issue the owner, operator, or agent in
charge a completed Notice of Inspection (EPA Form 3540-2), which contains the reason for the
inspection, whether the inspection is a "neutral scheme inspection" or "for cause" (including
any suspected violations) and signed by the inspector and by the owner/operator.
EPA prefers that all routine inspections be unannounced, but acknowledges that some SLAs are
required to provide advance notification of inspections, and announced inspections may be
needed for good time management to ensure that the establishment is in operation at the time
of the visit and that a responsible person is present for the inspection.
Once an inspector is granted consent to conduct an inspection, a typical WPS inspection at an
agricultural establishment will consist of an opening conference, a review of required records
and interview of the owner/agricultural establishment employer, a site visit, and interviews of
workers and handlers.
A typical inspection of a commercial pesticide handler employer will include a review of
required records, employer interviews and interviews with handlers (as appropriate).
For more information on gaining access and what to do if entry is refused, see Chapter 5 of the
FIFRA Inspection Manual.
5.1 OPENING CONFERENCE
It is very important during initial discussions to set the tone of the inspection and establish that
the inspector is there to collect the facts. Communication between the employer/owner and
the inspector should be encouraged so that the inspector can obtain all needed information
and the employer/owner is able to ask questions about the regulations if needed. Inspectors
using federal credentials may explain during the opening conference that no compliance
determinations will be made during the inspection. Some SLAs, however, have the authority to
make compliance decisions in the field and to issue notices of violation.
In the opening conference, the inspector needs to identify the owner, operator and/or agent in
charge and identify their responsibilities. It is crucial to understand everyone's roles at each
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establishment as they will determine each person's responsibilities under WPS. Considerations
include:
Is the owner certified to apply the pesticide products?
Does the owner employ a commercial handler?
Does the owner hire workers and handlers directly, or a farm labor contractor to
provide workers and handlers?
Does the owner hire family members as workers and handlers?
If the agricultural employer has workers, it is important to establish if the employer pays
them (as opposed to barter, or other non-monetary compensation).
Basic site-specific information should also be obtained.
It may be helpful to bring an aerial map of the area so the owner/operator can locate
important information, such as information display locations, decontamination sites,
mixing locations and the furthest fields.
More information on pesticide use inspection procedures is provided in Chapter 8 of the FIFRA
Inspection Manual.
5.2 DOCUMENTATION
Collecting records that document pesticide use is an essential part of every use inspection.
Obtain records that contradict or corroborate label statements regarding pesticide use.
Basic information about the inspection and the establishment should be collected along
with documentation of suspected violations.
Checklists are useful tools to make sure an inspector examines all applicable
requirements, indicates which requirements were not applicable, and records elements
found to be in compliance.
o However, a checklist may not be sufficient to later identify violations or to
support an enforcement action.
If violations are suspected at an establishment, the inspector should identify and
document each suspected violation to the extent possible.
Even though the inspector may not be present during the pesticide application to view
the application exclusion zone (AEZ) (for information on the AEZ, see section 5.5.3) or
identify what PPE was worn, for example, the inspector should collect as much evidence
of any suspected past violations as possible, including signed witness statements and
photographs, where appropriate.
In addition, it is also possible to document missing information as required.
Incomplete safety information may be documented by a photograph, or missing SDSs
can be documented by an inventory of pesticides held on the establishment versus the
SDSs available.
Documentation of both compliance and any noncompliance will be necessary in for
cause inspections.
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Document compliance with key requirements:
Photograph information, such as at the central display, decontamination supplies, and
PPE.
Collect statements to document answers to questions.
In addition to the procedures described in Chapter 8 of the FIFRA Inspection Manual, the
following items apply specifically to WPS inspections.
Basic inspection and establishment information:
Date, name of inspector, type of inspection (unannounced/announced, neutral or for
cause);
Owner and manager of the establishment (name, address, email (optional) and
telephone). Indicate if immediate family members are employed;
Applicator (self-apply, employee, or for-hire) and record certification.
WPS Pesticides Applied:
List product names and/or EPA registration numbers for the last three (at a minimum)
pesticide products with labeling that included the WPS reference statement that were
applied at the establishment;
To facilitate evaluation of the WPS use requirements during the inspection, for each of
the products record:
o Date applied;
o Weather conditions at time of application;
o Method of application (e.g., backpack sprayer, air blast) for AEZ determination
(for information on the AEZ, see section 5.5.3);
o Specific application requirements, precautions and protections;
o Notification and posting requirements;
o The REI;
o PPE requirements.
Signed statements:
Although the inspector may not be present during key events such as the pesticide
application or during the REI, the inspector should collect as much evidence of any
suspected past violations as possible, including signed witness statements, where
appropriate.
o For example, if PPE required for a recent application is not present on-site
during the inspection, the inspector should ask the handler if the required
PPE was provided and worn during the application. If the PPE was not
provided to the handler, the inspector should note this information and if
possible, obtain a signed statement from the handler stating that the
required PPE was not provided for that application.
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For a more detailed discussion of documentation of use inspections, including for cause
inspections, refer to Chapter 8 of the FIFRA Inspection Manual.
5.3 REVIEW PESTICIDE LABELS ON SITE
The inspector should review labels of pesticides on site and note appropriate label
requirements. The pesticide labels reviewed should be documented in the report. Note key
information, such as:
the date pesticides were applied;
weather conditions at time of application;
method of application (e.g., backpack sprayer, air blast) for AEZ determination (for
information on the AEZ, see section 5.5.3);
specific application requirements, precautions and protections;
notification and posting requirements;
the REI; and
PPE requirements.
5.4 RECORD REVIEW
Request and review the employer's information on safety training, pesticide application and
hazard information (SDSs), and respirator records.
5.4.1 Application and Hazard Information Records (§i70.3ii)
All pesticide application and hazard information (SDS) that is required to be displayed must be
retained on the establishment for two years after the expiration of the REI applicable to the
pesticide application conducted. The records must include the following information for each
WPS-covered pesticide applied:
The safety data sheet;
The name, EPA registration number, and active ingredient(s);
The crop or site treated and the location and description of the treated area;
The date(s) and times the application started and ended;
The duration of the applicable restricted-entry interval.
5.4.2 Pesticide Safety Training Records (§i70.40i(d), §i70.50i(d))
For each worker or handler trained, the agricultural employer must maintain on the agricultural
establishment, for two years from the date of the training, a record documenting each worker
or handler's training. The records must include:
The trained worker or handler's printed name and signature;
The date of the training;
Information identifying which EPA-approved training materials were used;
The trainer's name and documentation showing that the trainer met the requirements
to be a trainer, at the time of the training;
The agricultural employer's name.
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An agricultural employer who provides, directly or indirectly, safety training must provide to the
worker or handler, upon request, a copy of the record of the training.
An agricultural employer may accept copies of training records from outside sources if all
required information (listed above) is included and if it appears to be legitimate.
5,4,3 Respirator Safety Records (§i70.509(b)(io))
The handler employer must maintain records for two years documenting the completion of the
requirements of §170.509(b)(10)(i) through (iii) (i.e., medical evaluation; fit testing; and training
as required by OSHA regulations at 29 CFR 1910.134). The records must be kept at the
establishment.
The EPA regulations require compliance with certain OSHA regulations. Therefore, it is a
violation of FIFRA to violate the OSHA regulations cited below in italics (provided in full in
Appendix C):
5.4.3.1 Medical Evaluation (170.509(b)(10)(i))
Handler employers must provide handlers with a medical evaluation by a physician or other
licensed health care professional in accordance with 29 CFR 1910.134(e).
29 CFR 1910.134(e): (1) General. The employer shall provide a medical evaluation to
determine the employee's ability to use a respirator, before the employee is fit tested or
required to use the respirator in the workplace. The employer may discontinue an
employee's medical evaluations when the employee is no longer required to use a
respirator. (2) Medical evaluation procedures, (i) The employer shall identify a physician
or other licensed health care professional (PLHCP) to perform medical evaluations using
a medical questionnaire or an initial medical examination that obtains the same
information as the medical questionnaire.
The records must include the written medical clearance documentation from the physician or
other licensed health care professional, which is called a "written recommendation" in the
OSHA regulations.
29 CFR 1910.134(e)(6): In determining the employee's ability to use a respirator, the
employer shall:
Obtain a written recommendation regarding the employee's ability to use the
respirator from the PLHCP. 1910.134(e)(6)(i). The recommendation shall provide only
the following information:
o Any limitations on respirator use related to the medical condition of the
employee, or relating to the workplace conditions in which the respirator will
be used, including whether or not the employee is medically able to use the
respirator; 1910.134(e)(6)(i)(A)
o The need, if any, for follow-up medical evaluations; 1910.134(e)(6)(i)(B)
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o A statement that the PLHCP has provided the employee with a copy of the
PLHCP's written recommendation.1910.134(e)(6)(i)(C)
Ensure all handlers that use respirators have been medically evaluated and approved.
The handler employer's records should only contain the medical clearance
documentation listed above.
It should not include any completed medical questionnaires or detailed notes from a
physician's or other licensed health care professional's (PLHCP) medical
examination. That information is confidential and should not be in the possession of
the owner/employer.
If the inspector sees any other health records other than the medical clearance
documentation, the inspector should not review or copy them and should point out
that the employer should not have confidential medical information in their
records.
Compare the types of respirators for which handlers have clearance against the respirators
required by the pesticide product labels.
The inspector also should note any restrictions included in the clearance
documentation.
o For example, a condition of clearance may be that the handler can only use the
respirator when the temperature is below a specified level. Depending on the
situation, the inspector may be able to determine that a handler is or is not
following the restrictions in the clearance documentation.
5.4.3.2 Fit Testing (170.509(b)(10)(ii))
Handler employers must provide handlers with fit testing using the respirator specified on the
pesticide labeling in a manner that complies with 1910.134(f).
29 CFR 1910.134(f): Before an employee may be required to use any respirator with a
negative or positive pressure tight-fitting facepiece, the employee must befit tested with
the same make, model, style, and size of respirator that will be used. This paragraph
specifies the kinds of fit tests allowed, the procedures for conducting them, and how the
results of the fit tests must be used.
The employer shall ensure that employees using a tight-fitting facepiece respirator pass
an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) as stated in this
paragraph. 1910.134(f)(1).
The employer shall ensure that an employee using a tight-fitting facepiece respirator is
fit tested prior to initial use of the respirator, whenever a different respirator facepiece
(size, style, model or make) is used, and at least annually thereafter. 1910.134(f)(2).
Note: Particulate filtering facepiece respirators (formerly known as dust/mist filtering respirators) are
considered tight-fitting respirators and therefore require a fit test.
Fit test records must be in accordance, with 29 CFR 1910.134(m)(2)8.
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29 CFR 1910.134(m)(2): The OSHA recordkeeping requirements for fit testing are:
(2) Fit testing, (i) The employer shall establish a record of the qualitative and
quantitative fit tests administered to an employee including:
(A) The name or identification of the employee tested;
(B) Type of fit test performed;
(C) Specific make, model, style, and size of respirator tested;
(D) Date of test; and
(E) The pass/fail results for QLFTs or the fit factor and strip chart recording or
other recording of the test results for QNFTs.
Review the fit testing records to make sure all handlers have successfully completed fit tests for
the respirators they use.
The inspector may be able to confirm the type of respirator during the handler
interview.
The inspector should only make a copy or take a photo of a fit test record when
documenting a suspected violation.
o For example, if the inspector has determined that a handler is using a respirator
but did not pass the fit test using that specific respirator, the inspector should
document the violation by obtaining a copy of the fit test records for the
different respirator.
5.4.3.3 Respirator Training (170.509(b)(10)(iii))
Handler employers must provide handlers with training in the use of the respirator specified on
the pesticide product labeling consistent with the provisions in 29 CFR 1910.134(k)(l)(i) - (vi).
29 CFR 1910.134(k)(l)(i) - (vi): Training and information. This paragraph requires the
employer to provide effective training to employees who are required to use respirators.
The training must be comprehensive, understandable, and recur annually, and more
often if necessary. This paragraph also requires the employer to provide the basic
information on respirators in appendix D of this section to employees who wear
respirators when not required by this section or by the employer to do so. 1910.134(k)
The employer shall ensure that each employee can demonstrate knowledge of at least
the following
Why the respirator is necessary and how improper fit, usage, or maintenance
can compromise the protective effect of the respirator; 1910.134(k)(l)(i)
What the limitations and capabilities of the respirator are; 1910.134(k)(l)(ii)
How to use the respirator effectively in emergency situations, including
situations in which the respirator malfunctions; 1910.134(k)(l)(iii)
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How to inspect, put on and remove, use, and check the seals of the respirator;
1910.134(k)(l)(iv)
What the procedures are for maintenance and storage of the respirator;
1910.134(k)(l)(v)
How to recognize medical signs and symptoms that may limit or prevent the
effective use of respirators; 1910.134(k)(l)(vi)
OSHA does not identify the specific records that must be kept to document training. Records
similar to those specified for the pesticide safety training would suffice, such as the:
Trained handler's printed name and signature;
Date of the training;
o Information identifying what training materials were used or what training points
were covered;
o Trainer's name.
The inspector should review and document whether all handlers who use respirators have
completed training.
5.5 EMPLOYER/SUPERVISOR INTERVIEWS
Under the WPS, employers and supervisors include agricultural employers and commercial
pesticide handler employers. In situations where the agricultural employer has contracted with
the farm labor contractor to comply with WPS protections, the inspector should interview both
the agricultural employer and the farm labor contractor to determine if appropriate
requirements were met. For more information on farm labor contractors see section 3.4.
A commercial pesticide handler employer is any person other than an agricultural employer,
who employs any handler to perform handler activities on an agricultural establishment. A
labor contractor who does not provide pesticide application services or supervise the
performance of handler activities, but merely employs laborers who perform handler activities
at the direction of an agricultural or handler employer, is not a commercial pesticide handler
employer.
The term "agricultural employer," as defined by §170.305, may include owners and managers of
agricultural establishments, and employers of agricultural workers and handlers. Workers and
handlers may be hired directly by the agricultural employer, or through a farm labor contractor.
The agricultural employers are responsible for complying with all WPS regulations in Part 170,
however, the agricultural employer may contract with a farm labor contractor to provide some
WPS protections such as providing training. Even if the agricultural employer requires these
services to be provided by the farm labor contractor, the agricultural employer is ultimately still
responsible for ensuring compliance with the WPS. The agricultural employer is also required
under the revised WPS to maintain, on-site, the training records for FLC workers and handlers
on the establishment, just as they are for workers and handlers who are hired directly.
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5.5,1 Requirements that Apply to Agricultural Employers of Workers,
Agricultural Employers of Handlers, and Commercial Pesticide Handler
Employers
Below are general agricultural employer and commercial pesticide handler responsibilities
established under §170.309 and §170.313 of the WPS. The description includes specific
requirements and questions that the inspector may ask the employer or supervisor.
5.5.1.1 General Employer Responsibilities (§170.309 and §170.313)
The applicable regulations are:
Proper Pesticide Use (§170.309(a) and §170.313(a)) - Agricultural employers and commercial
pesticide handler employers must: Ensure that any pesticide is used in a manner consistent
with the pesticide product labeling when applied on the agricultural establishment.
Handler and Early Entry Worker Minimum Age Requirement (§170.309(c) and §170.313(c)) -
Agricultural employers and commercial pesticide handler employers must ensure that any
handler and any early entry worker is at least 18 years old.
The inspector should:
Ask the employer if any employed handlers or
early entry workers are under 18 years old, or
if the employer had any handlers or early
entry workers who were under 18 after
January 2, 2017;
If, during the inspection, the inspector
observes a handler or early entry worker who
clearly appears to be under age 18, the
inspector may ask the handler or early entry
worker for their age. The handler or early
entry worker does not need to provide proof
of their age. If the handler or early entry
worker indicates he or she is under 18, the
inspector should document this and follow up
with the employer.
All employers are required under federal law to
maintain a record (Form 1-9) of each employee's
birthdate and how the birthdate was verified (e.g., by driver's license, birth certificate). See box
on Employee Age Verification. An employer may show the WPS inspector a Form 1-9 to prove
the handler or early entry worker is at least 18.
The WPS inspector may view 1-9 forms to confirm a handler's or early entry worker's
age and should make a copy of the form to document the violation if a handler or early
entry worker is under 18.
Employee Age Verification
The 1986 Immigration Reform
and Control Act requires all
employers to maintain the 1-9
Employment Eligibility
Verification form for all
employees hired on or after Nov.
6, 1986, who are working in the
United States. The Form 1-9
includes the birthdate of each
worker and how the birthdate
was verified by the employer
(e.g., driver's license, birth
certificate, etc.). For more
information on Form 1-9, see
https://www.uscis.gov/i-9-central
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If the employer does not provide any documentation of the age of the handler or early
entry worker, the inspector should record this and should follow up with the handler or
early entry worker to obtain documentation of age (if not provided earlier).
Supervisor Tasks and Directions to Workers or Handlers (§170.309(d) and (e) and §170.313(d)
and (e)) - Agricultural employers and commercial pesticide handler employers must provide to
each person, including labor contractors, who supervise any workers or handlers, information
and directions sufficient to ensure that each worker or handler receives the protections
required by the WPS. Such information and directions must specify the tasks for which the
supervisor is responsible in order to comply with the provisions of this part; and require each
person, including a labor contractor, who supervises any worker or handler, to provide
sufficient information and directions to each worker and handler to ensure that they can
comply.
The inspector should ask the agricultural employer:
How do you relay information, assign tasks, and provide directions to the supervisors or
labor contractors to ensure that the WPS protections are provided to their employees?
How is the label information provided?
The inspector should ask the commercial handler employer:
How do you relay information, assign tasks, and provide directions to the handler
supervisor to ensure that the WPS protections are provided to handlers?
Pesticide Equipment Inspection and Repair (§170.309(g) and §170.313(1)) - Agricultural
employers and commercial handler employers must: ensure that workers or other persons
employed by the agricultural establishment do not clean, repair, or adjust pesticide application
equipment, unless trained as a handler under §170.501.
Before allowing any person not directly employed by the agricultural establishment or
commercial pesticide handling establishment to clean, repair, or adjust equipment that has been
used to mix, load, transfer, or apply pesticides, the agricultural employer or commercial
pesticide handler employer must provide all of the following information to such person:
The equipment may be contaminated;
The potential harmful effects of pesticide exposure;
Procedures for handling the application equipment to limit exposure; and
Personal hygiene practices and decontamination procedures.
The inspector should:
Ask to review handler training records if training records have not already been
examined (see section 5.4.2);
Ask if anyone not directly employed by the establishment ever cleans, repairs, or adjusts
pesticide equipment. If so, determine if all appropriate information is provided.
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5.5.1.2 Pesticide Safety Training
The applicable regulations are:
Pesticide Safety Training (§§170.401 and 170.501) ~ Before any worker performs any
task in a treated area on an agricultural establishment where within the last 30 days a
pesticide product has been used or a restricted-entry interval for such pesticide has been
in effect, the agricultural employer must ensure that each worker has been trained in
accordance with this section within the last 12 months (except for certified applicators,
trained handlers, or licensed crop advisors).
Before any handler performs any handler activity involving a pesticide product, the
handler employer must ensure that the handler has been trained in accordance with this
section within the last 12 months (except for certified applicators, or licensed crop
advisors).
The inspector should:
Ask to review training records if they have not already been reviewed (see
section 5.4.2);
Ask the employer when workers and handlers receive pesticide safety training;
Ask where the training was conducted. The training location must be free of distractions
during training. EPA plans to develop interpretive guidance on what situations can be
considered to be free of distractions.
The inspector may also at this time:
Ask what the employer does if a worker or handler requests training records. Training
records must be provided to an employee on request by the employee. (§170.401(d)(2))
5.5.1.3 Decontamination and Eye Flush Supplies
The applicable regulations are:
Worker Decontamination (§170.411) An agricultural employer must provide
decontamination supplies for routine washing and emergency decontamination for
workers. The decontamination supplies must be reasonably accessible (within % mile or at
the nearest vehicular access) and located together and outside of any treated area or area
under a REI.
The water must be of a quality and temperature that will not cause illness or injury when it
contacts the skin or eyes or if it is swallowed. If a water source is used for mixing pesticides,
it must not be used for decontamination, unless equipped with properly functioning valves
or other mechanisms that prevent contamination of the water with pesticides, such as anti-
backflow siphons, one-way or check valves, or an air gap sufficient to prevent
contamination.
Decontamination supplies must include:
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Water (1 gallon per worker at the start of the work period);
Soap (no hand sanitizing gels/liquids, no wet towelettes).
Single-use dry towels.
Decontamination supplies must be provided:
If pesticides have a REI less than or equal to 4 hours, supplies must be provided for
at least 7 days after the end of the REI;
If pesticides have a REI greater than 4 hours, supplies must be provided for 30 days
after the end of the REI.
An inspector should:
Ask the employer and later verify, where decontamination supplies are located;
Evaluate the quality (look for the presence of any color, debris, cloudiness) and
temperature of the decontamination water, if practical, during the site visit.
Ask the employer about and later verify the contents of the decontamination
supplies;
Ask the employer if and when the water supply is replenished during the work
period to ensure it is sufficient to meet the needs of the workers.
Ask the employer when decontamination supplies are provided. If possible, verify
during site visit.
Handler Decontamination (§170.509) A handler employer must provide decontamination
and eye flushing supplies during any handling activity for removing pesticides and pesticide
residues.
Decontamination supplies must be provided as follows:
The decontamination supplies must be reasonably accessible (within % mile or at
the nearest vehicular access) and located together and outside of any treated area
or area under a REI;
Decontamination supplies must be provided at all mixing sites;
Decontamination supplies must be outside treated areas or areas under a REI
unless supplies are contained within a pesticide protected closed container;
For pilots, the decontamination supplies must be in the aircraft or at the aircraft
loading site.
Decontamination supplies for handlers must include:
Water (3 or more gallons per handler at start of the work period);
Soap (no hand sanitizing gels/liquids, no wet towelettes);
Single-use dry towels;
Clean change of clothing, such as coveralls.
The employer must ensure at least one pint of water is immediately available to
applicators using pesticides requiring protective eyewear (i.e., within a few seconds or
within a few steps).
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At a mix/load site for pesticides requiring protective eyewear or with a closed system
operating under pressure, at least one eye flush system must be immediately
available. The eye flush system must be capable of delivering gently running water at
a rate of at least 0.4 gallons per minute for 15 minutes or be 6 or more gallons of
water in containers suitable for providing a gentle eye flush for about 15 minutes. If
there is more than one handler, only one eye flush station is required per mix/load
site.
An inspector should:
Ask where routine decontamination supplies for handlers are located and
verify later, if possible;
Ask what decontamination supplies for handlers are provided and verify later,
if possible. Ask if and when water supplies are replenished to ensure a
sufficient supply to meet handler needs during the work period;
Ask if the establishment uses pesticides that require protective eyewear. If so:
o Ask how the employer ensures at least one pint of water is
immediately available to applicators using pesticides requiring
protective eyewear;
o Ask if there is an eye flush system at the mix/load sites where
pesticides that require protective eyewear are used (or a closed system
under pressure is used), and verify later, if possible.
If the inspector has reason to believe the eye flush system may not be operational,
(e.g., spigots are heavily rusted) the inspector should ask when it was last used or
tested.
If necessary, the inspector can test the eye flush system to see if it is
operational; to ensure water actually flows at a reasonable flow and appears
to be of sufficient quality.
However, before testing the eye flush system, the inspector should ensure
that any water removed during testing can be replaced quickly.
5.5.1.4 Emergency Assistance
The applicable regulations are:
Emergency Assistance (§§170.309(f) and 170.313(k)) - Once the employer is aware that
workers or handlers may have been exposed to pesticides, the agricultural employer or
commercial pesticide handler employer must provide:
Transportation of the worker or handler to a medical care facility;
Exposure information, including the product name, EPA registration number, active
ingredient(s), SDS, the pesticide use, and circumstances of the exposure to medical
personnel.
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The inspector should:
Ask the worker or handler employer what is done to respond to pesticide-related
illnesses or exposures;
Inquire if any workers or handlers have been exposed to a pesticide recently. If so, ask
how the employer responded.
5.5.1.5 Employee Refusal
Although the WPS identifies the agricultural employer as responsible for ensuring WPS
protections, some workers and handlers may refuse to comply with these requirements (e.g.,
wearing PPE). The inspector may observe workers or handlers who are not following WPS
protections despite the availability of the protections (e.g., not wearing the required PPE
although it is available). In these cases, the inspector should ask why the worker or handler is
not following the protections, document the handler's or worker's response and follow up with
the employer.
The inspector also may learn about these situations through a complaint or injury investigation.
In any of these cases the inspector should identify the employer's actions/responses to the
employee refusals and whether the employer made any good faith efforts to comply (e.g.,
holding additional training sessions for handlers/workers who did not attend previously).
5.5.2 Requirements that Only Apply to Agricultural Employers of Workers and
Agricultural Employers of Handlers
5.5.2.1 Display of Pesticide Safety, Application and Hazard Information and Providing
Establishment Specific Information
The applicable regulations are:
Establishment-Specific Information (§§170.403 and 170.503) - Before any worker or handler
performs any activity in a treated area or an agricultural establishment where in the last 30 days
a pesticide product has been used, or an REI has been in effect, the employer must ensure
workers and handlers are informed in a manner the workers and handlers can understand:
location of pesticide safety information;
location of pesticide application and hazard information; and
location of decontamination supplies.
The inspector should:
Ask the employer when they inform workers and handlers about the location of pesticide
safety information, pesticide application and hazard information, and the location of
decontamination supplies.
Pesticide Safety Information (§170.311(a)) When workers and handlers are on-site at an
agricultural establishment and within 30 days of the end of a REI, the agricultural employer
must display, in accordance with this section, pesticide safety information. After January 1,
2018, the content must include all 10 points at (§170.311(a)(3)). See chart below.
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Pesticide Safety Information Requirements
Content required on or before Jan. 1, 2018
Content required after Jan. 1, 2018
Avoid getting on the skin or into the body any pesticides that
may be on or in plants, soil, irrigation water, tractors, and other
equipment, on used PPE, or drifting from nearby applications.
(§ 170.3 ll(a )(2)(i))
No change in content. (§170.311(a)(3)(i))
Wash before eating, drinking, using chewing gum or tobacco, or
using the toilet. (§170.311(a)(2)(ii))
No change in content. (§170.311(a)(3)(ii))
Wear work clothing that protects the body from pesticide
residues (long-sleeved shirts, long pants, shoes and socks, and a
hat or scarf. (§170.311(a)(2)(iii))
No change in content. (§170.311(a)(3)(iii))
Wash or shower with soap and water, shampoo hair, and put on
clean clothes after work. (§170.311(a)(2)(iv))
No change in content. (§170.311(a)(3)(iv))
Wash work clothing separately from other clothes before
wearing them again. (§170.311(a)(2)(v))
No change in content. (§170.311(a)(3)(v))
Follow directions about keeping out of treated or restricted
areas. (§170.311(a)(2)(vii))
No change in content.
((§170.311(a)(3)(vii))
Name, address and phone number of a nearby operating
medical care facility capable of providing emergency medical
treatment (identified as emergency medical contact
information). Not acceptable to only list 911.
(§ 170.3ll(a)(2)(viii)) Information must be updated within 24
hours of receiving notice of a change to the information.
(§170.311(a)(4))
No change in content. (§170.311(a)(3)(ix))
New - Name, address and phone number
of the State or Tribal pesticide regulatory
agency. (§170.311(a)(3)(x))
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Pesticide Safety Information Requirements (continued)
Content required on or before Jan. 1, 2018
Content required after Jan. 1, 2018
Wash immediately in the nearest clean water if pesticides are
spilled or sprayed on the body. As soon as possible, shower,
shampoo, and change into clean clothes. (§170.311(a)(2)(vi))
Revised - If pesticides are spilled or
sprayed on the body use
decontamination supplies to wash
immediately, or rinse off in the nearest
clean water including springs, streams,
lakes or other sources if more readily
available than decontamination supplies,
and as soon as possible, shower with soap
and water, shampoo hair, and change into
clean clothes. (§170.311(a)(3)(vi))
There are Federal rules to protect workers and handlers,
including a requirement for safety training. (§170.311(a)(2)(ix))
Not required.
New - Instructions to employees to seek
medical attention as soon as possible if
they believe they have been poisoned,
injured or made ill by pesticides.
(§170.311(a)(3)(viii))
The information must be located:
o Where employees pass or congregate and where it can be readily seen and
read;
o Where decontamination supplies are located at permanent sites;
o Where a toilet, and handwashing and drinking water supplies are provided to
meet the OSHA field sanitation requirements for 11 or more workers. 29 CFR
1928.110.
The information must be understandable, accessible and legible:
o Must allow free access to the information at all times during work hours;
o Must be legible at all times;
o Must be conveyed in a manner that workers and handlers can understand.
The inspector should:
Ask what languages are spoken by the workers and handlers and how information is
provided to ensure it is understood;
Ask the agricultural employer when and where pesticide safety information is provided
and how employees have access to the information.
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If possible during the site visit, verify if there is either an EPA-developed posteror pesticide
safety information that includes the correct content.
Pesticide Application and Hazard Information
(§170.311(b)) An agricultural employer shall display
the required pesticide application and hazard
information about pesticides applied on the
establishment until workers or handlers are no longer
on the establishment or until at least 30 days after the
end of the last applicable REI whichever is earlier. In
addition, an agricultural employer must retain the
pesticide application and hazard information required
to be displayed in records on the establishment for
two years after the end of the last applicable REI.
The pesticide application and hazard information
must include:
A copy of the OSHA Safety Data Sheet (SDS) for
each pesticide applied within the last 30 days
or that had an REI in effect in the last 30 days.
The SDS needs to be a current version;
Name, EPA registration number, active
ingredient and REI of each product;
Crop or site treated;
Location/description of the treated area(s);
Date(s) and times application started and ended;
It must be posted no later than 24 hours after the end of the application and before
any workers enter the treated area; (§170.311(b)(5) and §170.309(1))
The display needs to be at a place that workers and handlers are likely to pass by or
congregate and where it can be readily seen and read, and it must remain legible;
(§170.311(b)(2) and (4))
Workers and handlers must be allowed access to the information at all times during
work hours. (§170.311(b)(3))
An inspector should:
Ask what pesticide application and hazard information is displayed and verify later if
posted;
If posted, check during the site visit to see if the application display can be readily seen
and read and is located where workers and handlers are likely to see it;
Ask if it is accessible at all times during normal work hours;
Ask when the application information is posted;
Ask when the display is removed;
Electronic Information Display
An agricultural employer may
provide required pesticide safety,
pesticide application and hazard
information through electronic
media only if it meets all the
requirements of 170.311. The
employer would need to provide
each worker and handler with a
device or free access to a device
that contains all the required
information in an understandable
format and that all workers and
handlers know how to access the
information. These situations need
to be assessed on a case-by-case
basis.
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If not done earlier during the records review, examine the application information and
SDSs to ensure retention for 2 years. (A total of 2 years of records will not be required
until 2019, i.e., 2 years after the requirement to keep records is effective.)
Access to Pesticide Application and Hazard Information by a Worker or Handler
(§170.311(b)(7)) - Upon request, the agricultural
employer must provide to a worker or handler the
pesticide application information and SDSs that was
required to be displayed during the period that
worker or handler was employed on the
establishment. The information must be provided
within 15 days of the request. The request from the
worker or handler may be either oral or in writing.
The inspector should:
Ask if pesticide application and hazard
information has been requested by employees. If so, ask how quickly the employer
provided the information.
Access to Pesticide Application and Hazard Information by Treating Medical Personnel
{§170.311(b)(8) - The agricultural employer must promptly provide a copy of, or access to,
pesticide application and hazard information applicable to a worker's or handler's time of
employment on the establishment if requested (orally or in writing) by treating medical
personnel.
The inspector should:
Ask if there have been requests from medical personnel. If yes, ask if all information
requested was provided to treating medical personnel promptly.
Access to Pesticide Application and Hazard
Information by a Designated Representative
(§170.311(b)(9)) -The agricultural employer must
provide to a worker's or handler's designated
representative, the pesticide application and hazard
information that was required to be displayed during
the period that worker or handler was employed on
the establishment. The information must be provided
within 15 days of the request. A request by a
designated representative must be in writing and
must contain the following:
Name of worker or handler being
represented;
Repeated Information Requests
Whenever a record has been
previously provided without cost,
the agricultural employer may
charge a reasonable cost for
additional copies.
(§170.311(b)(7)(ii))
Limited Role of the Designated
Representative under WPS
170.311(b)(9)
Under the WPS, the role of the
designated representative is
limited to requesting, on behalf
of a worker or handler, a copy of,
or access to:
pesticide application
records; and
hazard information
posted during the period of that
worker's or handler's
employment.
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Description of specific information being requested (including dates of employment,
and type of work conducted);
Written statement designating the representative (including: printed name of worker
or handler and signature; printed name of designated representative, signature and
contact information; and date of designation);
The inspector should:
Ask if pesticide application and hazard information has been requested by designated
representatives. If so, ask how quickly the employer provided the information
requested.
5.5.3 Restrictions for Agricultural Employers during Applications
The applicable regulations are:
Restrictions during Outdoor Pesticide Applications (Application Exclusion Zone (AEZ))
(§170.405(a)) - An agricultural employer must not allow or direct any worker or other person to
enter or remain in the AEZ within the boundary of the
establishment.
AEZ is 100 feet from the dispersion points of the
application equipment horizontally in all directions if
applied aerially, as air blast, as a spray of extremely
fine, very fine or fine spray quality (ASABE S-572.1) or
as a fumigant, smoke, mist, or fog. (Note, EPA intends
to develop an interpretive policy statement to clarify
the definition of "air blast" sprayers as it applies to the
AEZ.)
AEZ is 25 feet from the dispersion points of the
application equipment horizontally in all directions if
applied from a height greater than 12 inches above the
planting medium and spray quality of medium or large
(ASABE S-572.1).
More information about the AEZ can be found in Appendix E which includes EPA's Interpretive
Policy Statement regarding the AEZ, questions and answers and a diagram of an AEZ.
The agricultural employer has two responsibilities related to the pesticide applications and the
AEZ requirements:
During any WPS-covered pesticide application, the agricultural employer must keep
workers and all other persons (other than appropriately trained and equipped handlers
involved in the application) out of the treated area and the AEZ within the boundary of
the agricultural establishment. This includes people occupying migrant labor camps or
other housing or buildings that are located on the agricultural establishment;
The agricultural employer may not allow a pesticide to be applied while any worker or
Application Exclusion
Zone (AEZ)
More information on the
AEZ can be found in
Appendix E: The
Interpretive Policy on the
AEZ.
See section 5.5.6.2 for
Handler responsibilities
regarding the AEZ.
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other person on the establishment is in the treated area or within the AEZ.
Note that if the agricultural employer is also the handler making the pesticide application, the
employer must suspend a pesticide application if any worker or other person is within the AEZ
beyond the boundary of the agricultural establishment.
According to EPA's Interpretive Policy, the applicator may resume the application only after
taking measures to ensure that workers and other persons who are in the AEZ but located off
the establishment, will not be contacted by the pesticide application either directly or through
drift. It is the agricultural employer's responsibility to ensure workers or other persons not
involved in the application are not in the AEZ on the establishment.
The inspector should:
Observe applications made during the inspection if possible. Based on the pesticide
label instructions, method of application and spray quality, if known, determine the size
of the AEZ. If workers or other people appear to be in the treated area or AEZ, notify the
employer immediately;
Ask the employer what instructions have been given to handlers about what to do if
there are people close to the application
equipment, in the AEZ;
Ask how the agricultural employer keeps
workers or other people out of the AEZ within
the establishment;
Ask the employer if there are any easements
on the establishment and if the easements are
ever inside the AEZ. Ask how those situations
are handled and what actions the employer
takes to ensure persons on the easement are
not contacted directly or by spray drift. (Note,
EPA intends to develop an interpretive policy
statement on how the AEZ applies to
easements.)
Restrictions During Enclosed Space Pesticide Applications (§170.405(b)) - During any enclosed
space application, an agricultural employer must not allow any worker or other person to enter
or remain in the area specified in column B of §170.405(b)(4) until the time specified in column C
has expired. See Appendix D for Table on Entry Restrictions During Enclosed Space Production
Pesticide Applications.
The inspector should:
Ask how the agricultural employer keeps workers and other people out of the relevant
parts of the enclosed space during pesticide applications;
Determine the type of ventilation used on the establishment;
Note on Nozzle Colors
The color of spray nozzles do not
necessarily correspond to ASABE
spray quality charts where a color
corresponds to each droplet
category: purple-extra fine, red-
very fine, orange-fine, yellow-
medium, blue-coarse, green-very
coarse, white-extremely coarse,
and black-ultra coarse.
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Ask how the agricultural employer determines when the ventilation criteria have been
met (i.e., is inhalation exposure level determined, are air exchanges measured, or are
mechanical or passive ventilation systems used).
5.5.4 Treated Areas Information from the Agricultural Employer to the
Commercial Handler Employer
The applicable regulations are:
Treated Areas Information from Agricultural Employer to the Commercial Handler Employer
(§170.309(k)) -- The client agricultural employer must provide information to the commercial
handler about areas (location and description) on the establishment that have been previously
treated, the REI in effect, and any label restrictions for any areas that the handler may be in or
within Va mile. The commercial pesticide handler employer must provide certain information to
the agricultural employer before the application. See section 5.5.6.8.
The inspector should:
Ask if the agricultural employer hires commercial pesticide handlers to apply pesticides
on the establishment. If so:
o Ask how the agricultural employer provides information on treated areas to the
handler employer and who provides the information;
o Ask the agricultural employer what information is provided.
5.5.5 Requirements that Only Apply to Agricultural Employers of Workers
5.5.5.1 Notice of Application
The applicable regulations are:
Notification to Workers of Pesticide Applications (§170.409) Agricultural employers must
notify workers of all entry restrictions in accordance with this section. No notification is needed
if from the application start to the expiration of the REI, no worker will enter or travel within %
mile of the treated area for outdoor production or no worker will enter any part of the enclosed
space for enclosed space production.
For outdoor and enclosed space applications:
If the label requires both types of notification, the employer must post and orally notify
workers.
Otherwise, for outdoor applications:
If product REI is 48 hours or less, then employer may either post or orally notify
workers;
If product REI more than 48 hours, then employer must post to notify workers;
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Otherwise, for enclosed space applications:
If product REI is 4 hours or less, then the employer
may post or orally notify workers;
If product REI is greater than 4 hours, then employer
must post to notify workers;
Electronic Notification
The warning sign must meet the following restrictions:
Standard Sign is 14 X 16 inches; letters 1 -inch
height:
o Outdoor posting at all visible points of entry
to treated area (access road, footpath,
Agricultural employers
may notify workers of
pesticide applications
electronically, for
example, using text
messaging, in addition to
other required methods,
but not instead of those
methods.
border within 100 feet of worker housing), or
corners of treated area;
o Indoor posting at all visible points of entry to the structure/space, or at corners
of treated area, or at entry points to the treated subsection within a larger
space.
Medium-sized Sign Letters 7/8 inches height; red circle 3 inches diameter:
o Post 50 feet apart around the treated area, and at all locations as specified for
the standard outdoor/indoor sign above.
Smallest Sign Letters 7/16 inches height; red circle 1 V* inches diameter:
o Post minimum 25 feet apart around treated area, and at all locations as specified
for the standard outdoor/indoor sign above.
Warning signs must meet the following required content:
Stern face and raised hand in red circle, DANGER PESTICIDES (PELIGRO PESTICIDAS),
KEEP OUT (NO ENTRE); Spanish language may be replaced with another language read
by most workers.
Warning signs must be:
Posted before, but no more than 24 hours before the application;
Removed or covered within 3 days after the end of the application or any REI expires,
whichever is later.
Exception: signs may remain posted more than 3 days after the REI as long as workers are kept
out of the treated area and any workers that may come within % mile of the treated area know
not to enter the treated area while signs are posted.
Oral warning must be provided:
Before the application begins;
At the start of the worker's work period if workers arrive during the application or before
the end of the REI;
And must include:
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o Location and description of the treated areas(s);
o Dates and times of restricted entry;
o Instructions not to enter the treated area(s) or application exclusion zone.
An inspector should:
Ask what notification was given for recent (at a minimum, the last three if possible)
WPS pesticide applications. Verify with label information;
Ask when the employer gives oral notification and when posted notification is used for
applications in outdoor spaces;
Ask when the employer gives oral notification and when posted notification is used for
applications in enclosed spaces;
Inquire how oral warnings are communicated to non-English speaking workers;
Ask what information is provided through oral warnings;
o During site visit, examine the warning sign if possible, to assess if it meets the
WPS size, content and location requirements;
o Ask how the employer assures that workers do not enter treated areas while the
signs are posted;
Ask when warning signs are posted and when they are removed;
Look for posted warning signs on the establishment and inquire about the specific
pesticide for which that sign has been posted;
Compare the pesticide product label and the time of application to determine if the
sign should be posted at the time of the inspection or if it should be removed;
Ask when and how oral warnings are given. §170.409(c))
5.5.5.2 Restrictions to Worker Entry after Pesticide Applications
The applicable regulations are:
Worker Entry Restrictions After Pesticide Applications (§170.407(a) and (b) and §170.309(1)) -
After the application of any pesticide to an area of outdoor production, the agricultural
employer must not allow or direct any worker to enter or to remain in the treated area before
the REI has expired, all warning signs have been removed or covered, and the pesticide
application information and SDS have been displayed, except for permitted early-entry
activities.
After the application of any pesticide to an area of enclosed space production, the agricultural
employer must not allow or direct any worker to enter or to remain in the areas specified in
Column D of the Table in §170.405(b)(4) (see Appendix D for Table) before the REI has expired,
all warning signs have been removed or covered, and the pesticide application information and
SDS have been displayed, except for permitted early-entry activities.
For outdoor applications the inspector should:
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Ask how the agricultural employer assures
that no worker enters the treated area
before allowed.
For enclosed space applications the inspector
should:
Ask how the agricultural employer assures
that no worker enters the enclosed space
before allowed.
5.5.5.3 Early Entry
The applicable regulations are:
Exceptions for Entry by Workers During the REI (§170.603) - An agricultural employer may direct
workers to enter treated areas under an REI to perform certain activities as listed below and in
conformance with special protections provided to the workers.
Worker No Contact - early entry is allowed if:
o Workers will have no contact with any pesticide treated areas (soil, water, plants),
even with PPE; and
o Entry is not allowed until labeled inhalation exposure is met or ventilation criteria
at §170.405(b)(3) is met.
Worker Short-term Activities - early entry is allowed if:
o No hand labor is performed;
o The time in treated area does not exceed 1 hour in every 24 hours;
o Entry is not allowed until 4 hours after application; and
o Entry is not allowed until labeled inhalation exposure is met or ventilation criteria
at §170.405(b)(3) are met.
Agricultural Emergency - Entry under the REI by a worker is allowed, only when:
o The agricultural employer could not have anticipated the circumstances for the
emergency and has no control but requires entry under REI to prevent/mitigate
substantial economic loss. Losses due to mismanagement cannot be included,
and;
o The state department of agriculture or other agency responsible for pesticide
enforcement declared the agricultural emergency;
o If early entry is allowed under an agricultural emergency, the agricultural
employer must meet the follow requirements:
¦ Entry is not allowed until 4 hours after application; and
¦ Entry not allowed until labeled inhalation exposure is met or ventilation
criteria at §170.405(b)(3) is met.
¦ If the label requires double notification, a worker can only work in treated
area for maximum of 4 hours in any 24 hours.
Worker Limited Contact and Irrigation - Workers may enter treated areas under the REI
for limited contact or irrigation activities, provided that:
Applicable REI
When two or more pesticides are
applied to a treated area at the
same time, the applicable REI is
the longest. (170.407(c))
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o Without this exception, there would be substantial economic loss;
o There are no alternative tasks to prevent the loss,
o The need for the work was not anticipated (except for irrigation);
o No hand labor was performed;
o Worker will have no contact with any pesticide treated areas (soil, water, plants),
other than minimal to feet, lower legs, hands, and forearms;
o The time in treated area does not exceed 8 hours in a 24-hour period;
o Entry is not allowed until 4 hours after application;
o Entry not allowed until labeled inhalation exposure is met or ventilation criteria at
§170.405(b)(3) are met;
o The pesticide's labeling DOES NOT require double notification.
Inspectors should:
Ask if workers are ever directed to enter treated areas under an REI.
If so, ask what justification was there to allow the early entry. Depending on the
response, the inspector should ask if the conditions above were met as appropriate.
Protection of Workers in a Treated Area during the REI (§170.605) - Early entry workers must be
provided the following protections:
The agricultural employer must provide the following required information before the
early entry:
o Location of the early entry area for work activities;
o Pesticides applied;
o Dates and times that REI begins and ends;
o The specific early entry exception taken, and tasks to be performed;
o If contact with treated surfaces is permitted;
o Length of time the worker is allowed to be in the treated area;
o Early entry PPE required;
o Specific location on the establishment of the central posting and decontamination
supplies.
The employer must ensure the following before workers enter a treated area:
o Workers have read the applicable pesticide labeling or are informed of labeling
requirements and statements related to human hazards or precautions, first aid,
and user safety.
The employer must ensure:
o Workers are provided with the appropriate PPE required on the product labeling
for early entry, must ensure workers use the PPE as intended, and workers follow
any other label-specified requirements;
o The early entry PPE is maintained properly;
o Measures to prevent heat stress are implemented, and the workers are
instructed in the prevention, recognition, and first aid treatment for heat stress;
o Workers are instructed on the proper use, removal, cleaning, maintenance, and
disposal of the early entry PPE;
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o Workers do not take their pesticide contaminated PPE home;
o Decontamination supplies are provided at a location which is not within the area
under the REI;
o Eye-flush water (at least 1 pint) is immediately available in a portable container
for each worker when the label requires protective eyewear;
o Decontamination supplies (soap, single-use towels, and at least 3 gallons of water
per worker) are available where they remove the early entry PPE.
The inspector should:
Ask the employer if workers were directed to enter treated areas during the REI during
the recent pesticide applications. If so, and if not already discussed, ask the employer if
any early entry workers are under 18 years old, or were under 18 after January 2, 2017;
Ask the employer what protections were provided to the early entry workers.
5,5.6 Requirements That Only Apply to Agricultural Employers of Handlers and
Commercial Pesticide Handler Employers
5.5.6.1 Safe Operation of Equipment
The applicable regulations are:
Training on Pesticide Equipment (170.309(i) and 170.313(f)) ~ Pesticide handler employers
must ensure that before any handler uses any equipment for mixing, loading, transferring, or
applying pesticides, the handler is instructed in the safe operation of such equipment.
The inspector should:
Ask the handler employer if and when the handlers receive training on the safe use of
the equipment.
Pesticide Equipment Inspection and Repair (170.309(0 and 170.313(g)) ~ Pesticide handler
employers must ensure that before each day of use, equipment used for mixing, loading,
transferring, or applying pesticides is inspected for leaks, clogging, and worn or damaged parts,
and any damaged equipment is repaired or replaced.
The inspector should:
Ask the handler employer how often the equipment is checked to ensure pesticide
equipment integrity and safety.
5.5.6.2 Restrictions for Handlers and Handler Employers during Applications
The applicable regulations are:
Restrictions During Applications to Protect Employees and Other Persons (§170.505) - The
handler employer and the handler must ensure that no pesticide is applied so as to contact,
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directly or through drift, any worker or other person, other than an appropriately trained and
equipped handler involved in the application.
The handler performing the application must
immediately suspend a pesticide application if any
worker or other person, other than an appropriately
trained and equipped handler involved in the
application, is in the application exclusion zone (AEZ).
(This requirement is effective January 2, 2018.)
AEZ is 100 feet from the dispersion points of
the application equipment horizontally in all
directions if applied aerially, as air blast, as a
spray of extremely fine, very fine or fine spray
quality (ASABE S-572.1) or as a fumigant,
smoke, mist, or fog. (Note, EPA intends to
develop an interpretive policy statement to
clarify the definition of "air blast" sprayers as
it applies to the AEZ.)
AEZ is 25 feet from the dispersion points of the
application equipment horizontally in all
directions if applied from a height greater than
12 inches above the planting medium and
spray quality of medium or larger (ASABE S-
572.1).
More information about the AEZ can be found in
section 5.5.3 and Appendix E which includes EPA's Interpretive Policy regarding the AEZ,
questions and answers and a diagram of an AEZ.
According to EPA's Interpretive Policy, the handler may resume the application only after taking
measures to ensure that workers and other persons who are in the AEZ but located off the
establishment, will not be contacted by the pesticide application either directly or through drift.
Examples of such measures include:
Assessing the wind and other weather conditions to confirm they will prevent workers
or other persons from being contacted by the pesticide either directly or through drift;
Adjusting the application method or employing drift reduction measures in such a way
to ensure that resuming the application will not result in workers or other persons off
the establishment being contacted by the pesticide;
Effective Dates for the AEZ
The effective date for agricultural
employers is January 1, 2017.
After that date, agricultural
employers must keep workers and
all other persons (other than
appropriately trained and
equipped handlers involved in the
application) out of the treated
area and the AEZ within the
boundary of the establishment.
See 5.5.3.
The effective date for handlers is
January 2, 2018. After this date,
handlers must immediately
suspend a pesticide application if
any worker or other person other
than an appropriately trained and
equipped handler involved in the
application, is in the AEZ.
§170.505
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Asking the workers or other persons to move out of the AEZ until the application is
complete; or
Adjusting the treated area or the path of the application equipment away from the
workers or other persons so they would not be in the AEZ.
Note, it is the agricultural employer's responsibility to ensure no workers or other people are in
the AEZ on the establishment. If a handler were to resume an application while workers, or
other persons on the establishment are still within the AEZ, that would give rise to a violation of
§170.405 (i.e., a violation by the agricultural employer).
The inspector should:
Observe applications made during the inspection, if possible. Based on the pesticide
label instructions, method of application and spray quality, if known, determine the size
of the AEZ. If workers or other people appear to be in the treated area or AEZ, notify the
employer immediately;
Ask the employer what handlers have been instructed to do if there are workers or
people in the AEZ;
Ask what the handler employer has instructed the handler to do to assess the
situation, and make necessary changes before resuming the application to ensure
pesticides will not contact people or workers.
5.5.6.3 Handler Knowledge of Labeling and Application-Specific Information
The applicable regulations are:
Ensure Handlers Understand Labels and Application-Specific Information (§170.503(a)) -The
handler employer must ensure that before any handler performs any handler activity involving
a pesticide product, the handler either has read the portions of the labeling applicable to the
safe use of the pesticide or has been informed in a manner the handler can understand of all
labeling requirements and use directions.
The inspector should:
Ask how and when the handler employer provides the pesticide label to handlers, or the
handlers read or are informed of label requirements and use directions.
5.5.6.4 Applications Involving Highly Toxic Pesticides
The applicable regulations are:
Monitoring Handlers Applying Highly Toxic Pesticides (§170.505(c)) - The handler employer must
ensure handlers are monitored visually or by voice every 2 hours during handling of skull and
crossbones labeled products.
The inspector should:
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Ask the handler employer if highly toxic pesticides are used. If so, ask how the application
of products with the skull and crossbones symbol are managed and how the employer
ensures the safety of the handler.
5.5.6.5 Fumigant Applications in Enclosed Space Production
The applicable regulations are:
Fumigant Applications in Enclosed Space Production (§170.505(d)) -The handler employer must
ensure handlers applying a fumigant in an enclosed space are monitored continually visually or
by voice by another handler outside who uses and has immediate access to labeled PPE for a
rescue.
The inspector should:
Ask the handler employer if fumigants are used in enclosed space production. If so, ask
what safety precautions are taken.
5.5.6.6 Personal Protective Equipment (PPE) for Handlers
The applicable regulations are:
Handler Responsibilities (§170.507(a)) - Handlers must use the clothing and personal protective
equipment required by the product labeling, except when under an exception (§170.607).
The inspector should:
Ask how the employer ensures that a handler follows the labeled PPE requirements.
PPE Equipment Provided by Handler Employer (§170.507(b)) ~ The handler employer must
provide to the handler the label required PPE, in clean and operating condition. Shirts, pants,
shoes, and socks are not considered PPE, but may still be required by the labeling.
The inspector should:
Ask how the handler employer ensures the correct PPE is available and in operating
condition when needed for applications;
If not conducted during an earlier record review, examine the handler employer's
respirator fit testing, medical evaluation and training records (handlers must be fit
tested, trained and medically evaluated before they use any respirator). See section
5.4.3.
Use of PPE (§170.507(c)) - Handler employers must ensure that PPE is used correctly, has been
inspected before each day of use, and damaged equipment is repaired or replaced.
The inspector should:
Ask how the employer ensures that the PPE is inspected before use, damaged PPE is
replaced, contaminated PPE is made unusable and the PPE is used correctly.
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Cleaning and Maintenance of PPE (§170.507(d)) - Handler employers must ensure that all PPE is
cleaned according to manufacturer's instructions or pesticide product labeling before each day
of reuse (or if none, washed in detergent and hot water). In addition, handler employers must
ensure:
Contaminated PPE is kept separate from cleaned PPE, cleaned separately from other
clothing, and dried thoroughly before storage;
Clean PPE must be kept separate from pesticide contaminated areas and personal
clothing;
Handlers must have a place away from pesticide storage or pesticide use areas to:
o Store personal clothing;
o Put on and remove PPE.
Particulate filtering respirators must be replaced after 8 hours of use if not earlier;
Particulate filtering respirators also must be replaced when:
o Breathing resistance is excessive;
o The filter has damage or tears;
o Required by manufacturer's directions or the label.
Gas or vapor respirators must have canisters or cartridges replaced at the end of 8 hours
of use if not earlier. Gas or vapor removing respirator canisters or cartridges also must
be replaced when:
o There is the first indication of odor,
taste, or irritation;
o Maximum use time is reached as per
OSHA 29 CFR §1910.134(d)(3)(iii)(B)(2)
(see box);
o Breathing resistance is excessive;
o Required by manufacturer's directions
or the label.
The following information must be provided
to the person who cleans/launders the PPE:
o PPE may be contaminated;
o Correct way to clean the PPE and how
to protect themselves;
o Proper decontamination methods
after handling the PPE.
The employer must ensure employees do not
take PPE home.
The inspector should:
Ask how the employer ensures PPE is cleaned,
stored and maintained properly;
Ask how often the PPE is cleaned, how it is cleaned and how and where it is stored;
Ask to see where PPE is stored and check the following:
o Is visibly contaminated PPE stored with clean PPE or clean clothing?
OSHA Maximum Use Time
OSHA 29 CFR £1910,134(d)(3)(iii)(B)(2)
states, "If there is no ESLI [end-of-
service-Hfe-indicator] appropriate for
conditions in the employer's
workplace, the employer implements
a change schedule for canisters and
cartridges that is based on objective
information or data that will ensure
that canisters and cartridges are
changed before the end of their
service life. The employer shall
describe in the respirator program the
information and data relied upon and
the basis for the canister and
cartridge change schedule and the
basis for reliance on the data."
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If PPE is being donned, doffed or cleaned during the inspection, check the following if
possible:
o Are workers or handlers donning PPE that is damaged with holes or tears?
o Are workers or handlers donning PPE in an area away from pesticide use or
storage?
o Is PPE being washed according to manufacturer's instructions or pesticide
labeling or if none, with detergent and hot water?
o Is clean PPE being stored or donned while still wet?
o Is contaminated PPE being kept separate from clean PPE and other clothing?
o Is contaminated PPE being washed separately from other clothing or laundry?
Are workers or handlers taking contaminated PPE with them when leaving the
establishment?
Ask the handler employer if particulate filtering facepiece or gas- or vapor-removing
respirators are used. If so, ask how the employer knows when to replace particulate
filtering facepiece respirators or replace canisters or cartridges in gas- or vapor-
removing respirators. (Records are not required.)
Handler Heat Stress (§170.507(e)) - Whenever PPE is required during a handler activity, the
handler employer must take measures to prevent heat-related illnesses.
Ask how the employer prevents heat stress.
5.5.6.7 PPE Exceptions
The applicable regulations are:
PPE Exceptions and Substitutions (§170.607(a-c)) - A chemical-resistant suit may be substituted
for coveralls or a chemical-resistant apron. Leather boots may be worn in place of chemical-
resistant footwear only in rough terrain. Leather gloves may be worn over chemical-resistant
glove liners only when working with plants with thorns.
The inspector should:
Inquire if any labeled PPE substitutions are made by handlers and what the substitutions
are.
Closed System PPE Substitutions (§170.607(d)) - When pesticides are being mixed or loaded
using a closed system that meets all of the requirements in §170.607(d)(2) and the handler
employer meets the requirements of §170.607(d)(3) specific exceptions to label specified PPE
are permitted. If the products are not contained, the system cannot qualify for PPE
substitutions. Water soluble packaging that is compromised is no longer considered a closed
system, and then full labeled PPE must be worn.
The following conditions must be met to apply the closed system PPE exceptions.
The closed system removes the pesticide from its original container and transfers the
pesticide product through connecting hoses, pipes and coupling that are sufficiently tight
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to prevent exposure of handlers to the product, except for the negligible escape
associated with normal operation of the system or the pesticide is loaded in intact,
sealed water soluble packaging;
The closed system operating instructions are available at the mix/load site;
The operating instructions are clearly legible and include procedures for use, safe
removal of any probe, maintenance, cleaning, repair, known restrictions/limits relating to
the system such as incompatible pesticides or unsuitable containers, limits on the ability
to measure a pesticide, and procedures dealing with partially-filled containers;
Handlers must be trained and use the system according to the written instructions;
The closed system must be cleaned and maintained according to the written instructions;
All label specified PPE must be immediately available;
Protective eyewear must be worn if the closed system operates under pressure.
When the above conditions are met, the following exceptions to PPE are permitted:
Handlers using a closed system to mix/load pesticides with signal words "DANGER" or
"WARNING" may substitute a long-sleeved shirt, long pants, shoes and socks, chemical-
resistant apron, protective eyewear, and protective gloves for any labeled PPE;
Handlers using a closed system to mix/load pesticides with signal word other than above
may substitute a long-sleeved shirt, long pants, shoes and socks, and protective eyewear,
and for any labeled PPE.
The inspector should:
Inquire if closed systems are used by handlers for any mixing/loading of pesticides and if
they operate under pressure. If so, ask what PPE is used;
Ask if and when handlers are trained in the use of the closed system;
Ask the handler employer what, if any, PPE substitutions the handlers make;
During the site visit, if substitute PPE is being used, see if written operating instructions
for the closed system are available at the mix/load site and check that all labeled PPE is
available immediately to a handler in an emergency;
Enclosed Cab PPE Exceptions (§170.607(e)) - If a handler applies a pesticide from inside a
vehicle's enclosed cab, and if the conditions listed below (§170.607(e)(2)) are met, the
following exceptions to the label specified PPE are permitted. However, all label required PPE
must still be immediately available and stored in a sealed container in the vehicle and handlers
must wear full PPE required by the label when they exit the vehicle in the treated area, and must
remove PPE before reentering the cab.
Handlers may substitute long-sleeved shirt, long pants, shoes and socks for required skin
and eye protection.
A particulate filtering respirator (NIOSH TC-84A) is not required if the enclosed cab has a
functioning air ventilation system maintained per manufacturer instructions. (Note older
labels may refer to dust/mist filtering respirators instead of the current terminology
using particulate filtering respirator.) Other required respirators must be worn inside an
enclosed cab.
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The inspector should:
Inquire if the application equipment includes enclosed cabs. If so, ask what PPE is used
when handlers are using enclosed cabs;
Ask the handler employer if the handlers ever exit the vehicle within a treated area
during applications or within the REI and what PPE is used.
Aerial Applicator PPE Exceptions (§170.607(f)) - For aerial applications, substitutions of label
specified PPE is permitted under certain conditions:
For open cockpit (rare), labeled PPE must be worn, except chemical-resistant footwear
is not needed; a helmet with a face shield may substitute for headgear or protective
eyewear;
For enclosed cockpit, long-sleeved shirt, long pants, shoes, socks may substitute for
labeled PPE;
Chemical-resistant gloves are optional unless required on the label. If chemical-resistant
gloves have been used, they must be stored in an enclosed container to prevent
contamination of the cockpit.
The inspector should:
Ask the handler employer what PPE is used during aerial applications and if any
substitute PPE is used;
Ask the employer where the gloves are kept if used.
Crop Advisors (§170.607(g)) - Crop advisors may substitute the PPE required on the label for
handler activities under certain conditions. Entry into a treated area during the REI using
substitute PPE can only be done:
At least 4-hours post-application;
When the inhalation exposure level on the label is reached, or ventilation in
§170.405(b)(3) is met. See Appendix D for the Table on Entry Production Restrictions
During Enclosed Place Pesticide Application;
The crop advisor or employees are only performing crop advising tasks;
Crop advisors and employees in a field under the REI may substitute the items below for
handler PPE:
o Early entry PPE;
o Coveralls, shoes plus socks, chemical-resistant gloves made of any waterproof
material, and, if the labeling requires protective eyewear for handlers, eye
protection.
The inspector should:
Ask the crop advisor or crop advisor employer what PPE the crop advisor or his
employees wear and if they substitute any items from those required;
Ask the crop advisor or crop advisor employer under what conditions PPE exceptions are
made.
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Note, this PPE exception applies to all crop advisors, not just those who are licensed/certified
crop advisors under a program acknowledged as appropriate by EPA or a state or tribal agency.
5.5.6.8 Treated Areas Information from the Commercial Handler Employer to the Agricultural
Employer
The applicable regulations are:
Commercial Pesticide Handler Employer Duties (170.313(i) - Commercial pesticide handler
employers must provide the agricultural employer all required information before the
application of any pesticide on an agricultural establishment. The commercial handler employer
must provide:
Specific location and description of area(s) to be treated with pesticides;
Date of application, and start and estimated end times;
Product name, EPA registration number, and active ingredient;
Labeled REI;
Whether posted or oral notification, or both are required by the label;
Any restrictions or use directions on the pesticide label that must be followed to protect
workers, handlers, or other persons.
If there are changes to the location, REI, method of notification, any other restrictions or use
directions, or the start time will be earlier than scheduled, the commercial handler employer
must inform the agricultural employer of these changes before the application begins.
If there are changes to other information, the commercial handler employer must inform the
agricultural employer of the changes within two hours after completing the application, except
changes to the end time less than an hour do not have to be reported.
The inspector should:
Ask the commercial handler employer if there is communication with the agricultural
employer before an application, and what information is provided;
Ask the commercial handler employer how any changes to the application information
are relayed to the agricultural employer, and when.
5.5.6.9 Information from the Agricultural Employer to the Commercial Handler Employer
The applicable regulation is:
Agricultural Employer Provides Treated Area Information to Commercial Handler Employers
(170.309(k)) - The client agricultural employer must provide information to the commercial
handler employer about areas (location and description) on the establishment that have been
previously treated, the REI in effect, and any label restrictions for any areas that the handler
may be in or within % mile.
Commercial Pesticide Handler Employer Provides Treated Area to the Handler who Goes to the
Agricultural Establishment (170.313(h)) - Ensure that whenever a handler who is employed by
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a commercial pesticide handling establishment will be on an agricultural establishment, the
commercial pesticide handler employer provides the handler with information about, or
ensures the handler is aware of, the specific location and description of any treated areas
where a REI is in effect, and the restrictions on entering those areas.
The inspector should:
Ask if the agricultural employer provides information on treated areas to commercial
handler employers and how this information transfer occurs.
5.6 EMPLOYEE INTERVIEWS
EPA expects all inspectors will attempt to interview workers and handlers present at the time
of inspection as part of the WPS procedures. Whenever conducting interviews, the inspector
should verify the identity of the interviewee.
During WPS inspections, interviews of an employee complainant or critical witness should be
conducted to adequately support any possible enforcement action, unless they are not present
and cannot be located, or they refuse to be interviewed. If there is a communication barrier
(either a language barrier or arising from a disability), the inspector should take steps to make
communication possible when conducting interviews of employee-complainants or other
critical witnesses. If an interpreter is used, the interpreter should be an impartial party.
Alternatively, a co-worker may serve as an interpreter for the complainant or critical witness if
the complainant or witness agrees, and this is documented by the inspector.
Inspectors should be aware of potential WPS retaliation concerns. Some employees may be
reluctant to be interviewed on the establishment or during work hours if they fear retaliation. In
addition, the employer may refuse to allow his or her employees to be interviewed during
normal work hours. Inspectors should be aware of the potential need in these situations to offer
to interview employees at another time or location if practical and the employees express such
an interest (see "Employee Interviews" Section 5.6). The inspector should be aware that if off-
site interviews are conducted, it may not be possible to gather all appropriate information at
that time, such as regarding a specific respirator that was used.
In rare circumstances the inspector may be unable to interview a witness, for example, if: (1)
an interpreter cannot be obtained or (2) the language at issue is spoken by only a very small
percentage of the service population.7 The inspector should note that he or she attempted to
communicate with the individual but was unsuccessful. If a worker speaking that language
sought to file a complaint, the inspector has a heightened duty to seek out ways to provide
interpretation services. All attempts to contact the complainant/witness should be documented
in the inspection report.
Interviews should be conducted in private without the presence of an employer or supervisor.
Inspectors should also be aware of potential WPS retaliation concerns. Some employees
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may be reluctant to be interviewed on the establishment or during work hours if they fear
retaliation. If appropriate and practical, inspectors should offer to interview employees at
another time or location.
If the inspector senses that private interviews are not suitable, safe or appropriate on the
agricultural establishment during the inspection, then employee interviews may be
conducted at a location and time convenient for the worker, such as the labor camp, private
residence or other agreed upon location.
Telephone interviews are recommended when the person is unavailable for a face-to-face
interview and is willing to discuss the incident with the inspector over the telephone. In
addition, telephone interviews can be useful in obtaining preliminary information to initiate or
further an ongoing investigation. Additional interview methods also could include using video
conferencing if available.
5.6.1 Title VI of the Civil Rights Act of 1964 and Limited English Proficiency
A SLA's obligation to provide meaningful access to limited English proficiency (LEP) individuals
stems from Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on
national origin. The manner in which a SLA must provide language services may be
determined by balancing four factors:
The number or proportion of LEP individuals eligible to be served or likely to be
encountered by the WPS program;
The frequency that LEP individuals come in contact with the WPS program;
The nature and importance of the particular activity or service provided by the WPS
program; and
The resources available to the SLA.9
5.6.2 Addressing Language Barriers
Providing language interpretation services to interview complainants and critical witnesses is
the most common way to address LEP. Inspectors should use their discretion to decide which
witnesses are essential for completing an inspection, without regard to their language ability.
In each case, the decision about whom to interview will depend on the particular facts of the
inspection. For example, if an inspector identifies a witness who is essential to the completion
of an inspection and discovers that the witness is LEP, the inspector must take steps to
address the language barrier.
In general, inspectors should anticipate the presence of LEP or disabled workers, or both. For
example, if the workforce of an area is known to include a high proportion of LEP individuals
who are Spanish speakers, the inspector's agency should be prepared to conduct interviews in
Spanish, provide a bilingual interpreter, or train non-Spanish-speaking inspectors to interview
non-English-speaking field workers and applicators (for example, using EPA's "Breaking
Barriers" course). The agency should conduct follow-up interviews to address language or
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communication barriers if interviews of the employee-complainant or critical witness could
not be conducted at the time of the initial inspection.
5,6,3 Addressing Disabilities
An agency's obligation to accommodate a communication barrier due to an individual's
disability, such as a vision, hearing or speech impairment, stems from § 504 of the
Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability. Specifically,
the agency must make a reasonable accommodation for known physical or mental limitations of
an individual with a disability. For example, when interviewing a worker with a hearing
impairment, using a sign language interpreter may be a suitable accommodation. Interviews
also could be conducted in writing. If an inspector would have interviewed a particular worker if
he or she did not have a disability, then the inspector must make an accommodation for that
worker and conduct the interview. If the inspector would not have interviewed that particular
worker regardless of his or her disability, then no interview is necessary.
In rare instances, the agency can demonstrate that the accommodation would impose an undue
hardship, which the courts have established as a very high burden to meet. Undue hardship
means significant difficulty or expense and focuses on the resources and circumstances of the
SLA in relationship to the cost or difficulty of providing a specific accommodation. Undue
hardship refers not only to financial difficulty, but to reasonable accommodations that are
unduly extensive, substantial, and disruptive or those that would fundamentally alter the nature
or operation of the business. For further information and technical assistance regarding
reasonable accommodations for disabilities, refer to https://www.ada.gov.
SLAs are strongly encouraged to develop ways to overcome communication and language
barriers. SLAs may want to become familiar with available bilingual interpreters in the area,
consider hiring bilingual inspectors, training English speaking inspectors to communicate with
non-English speakers, and using interpreter resources and services or conducting telephone
interviews with interpreters when in-person interviews are not feasible. Advanced planning
helps ensure that these resources are in place and available when the need arises.
5.7 WORKER INTERVIEWS
The following lists WPS requirements that affect workers and suggests questions inspectors
may want to use to gather information to determine compliance. As discussed in sections 5.6.1
through 5.6.3, SLAs are strongly encouraged to develop ways to overcome communication and
language barriers.
When conducting a worker interview, the inspector should ask what specific tasks the individual
conducts to identify if any handler tasks were conducted. If the worker does perform any of the
handler tasks, then he or she is not considered a worker, and the interview should follow the
path of questioning under the "Handler Interview" in section 5.8.
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5.7,1 Pesticide Safety Training
The applicable regulation is:
Pesticide Safety Training for Workers (§170.401) - An agricultural employer shall assure that
each worker who is required to be trained has been properly trained according to the WPS
requirements. Workers must be trained before doing any worker tasks and within the last 12
months.
The inspector should:
Ask to review training records to determine if appropriate worker training was
provided, if not conducted earlier (see section 5.4.2). However, to verify for individual
workers, the inspector may still want to:
o Ask if workers received the WPS safety training, and if it was within the last 12
months.
5.7.2 Decontamination Supplies
The applicable regulation is:
Worker Decontamination (§170.411) ~ An agricultural employer must provide
decontamination supplies for workers for routine washing and emergency decontamination
for any worker performing an activity in an area where a pesticide was applied and contacts
anything that has been treated with the pesticide. Supplies must include soap (no gels or wet
towelettes), water (1 gallon per worker), and single use towels.
Supplies must be within % mile or nearest vehicular access.
An inspector should:
Ask where and when decontamination supplies are provided;
Ask the worker what supplies are provided and if all the supplies are available at
the start of each work period;
Ask if the supplies are replenished through the day to maintain an adequate
supply.
5.7.3 Emergency Assistance
The applicable regulation is:
Agricultural Employer Duties (§170.309(f)) ~ If there is reason to believe that a worker has
been exposed to pesticides or shows symptoms of poisoning within 72 hours after working on
the agricultural establishment, the agricultural employer must provide emergency assistance.
See section 5.5.1.4 for details.
An inspector should:
Ask the worker if they know what to do in case of a pesticide exposure incident and how
to obtain emergency assistance;
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Ask if the worker knows where the nearest emergency medical facility contact
information is located. If not, note and follow-up with agricultural employer;
Ask if he or she is aware of any pesticide exposure incidents at the establishment. If so,
the inspector should report the incident if and as appropriate.
5.7.4 Display of Pesticide Safety, Application and Hazard Information
The applicable regulations are:
Posted Pesticide Safety Information for Workers (§170.311(a)) - An agricultural employer shall
display pesticide safety information when workers are on the agricultural establishment and,
within the last 30 days, a pesticide subject to WPS has been applied or a REI has been in effect.
The inspector should:
Ask if workers know where pesticide safety information is located;
Ask if workers know where the emergency medical information is located. Emergency
medical information is at the bottom of the pesticide safety display.
Specific Information About Pesticide Applications and SDSs (§170.311(b)) - An agricultural
employer shall display required application information about a pesticide and the SDS when
workers are on the establishment within 30 days of a pesticide subject to WPS being applied on
the establishment or after a REI has been in effect.
The inspector should:
Ask workers how they would find out where and what applications were made on
the establishment;
Ask workers if they know where the safety data sheets (SDS) are located.
Access to Pesticide Application and Hazard Information by a Worker or Handler (§170.311(b)(7))
-The agricultural employer must provide pesticide application and/or hazard information (or
access to the information) if requested by a worker or handler. The scope of what must be
provided is that information that had to be displayed and/or retained during the time that
worker or handler was employed at the establishment.
This information must be provided within 15 days of the receipt of the request. The
worker or handler may make the request in writing or orally.
The inspector should:
Inquire if the worker has ever requested pesticide application information or
SDSs. If yes, did the worker received the information within 15 days?
Access to Pesticide Application and Hazard Information by a Designated Representative
(§170.311(b)(9)) - Any worker's designated representative may request access to or a
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copy of the pesticide application and SDSs described above, on behalf of the worker. The
agricultural employer must provide pesticide application and SDSs applicable to the
worker's time of employment on the establishment within 15 days after receiving the
request.
The inspector should:
Ask if the worker has ever requested
information through use of a
designated representative and if so,
was the information received
appropriate and within the time
allowed;
If the worker requested information
through a designated representative
but did not receive the information,
then the inspector may want to contact
the representative for an interview
about the request.
Access to Pesticide Application and Hazard
Information by Treating Medical Personnel
(§170.311(b)(8)) -The agricultural employer
must promptly provide a copy of, or access to,
pesticide application and hazard information
applicable to a worker's or handler's time of
employment on the establishment if requested (orally or in writing) by treating medical
personnel.
The inspector should:
Ask if there have been situations where a doctor requested application information and
SDSs for a worker. If yes, was the requested information provided?
5.7.5 Establishment-Specific Information
The applicable regulation is:
Knowledge of establishment-specific information (§170.403) - Before any worker performs any
activity in a treated area on an agricultural establishment where within the last 30 days a
pesticide product has been used, or a restricted-entry interval for such pesticide has been in
effect, the agricultural employer must ensure that the worker has been informed of, in a
manner the worker can understand:
The location of pesticide safety information required by §170.311(b);
The location of pesticide application and hazard information required by §170.311(b);
The location of decontamination supplies required by §170.411.
Access to Electronic Information
Employers may make SDSs and
pesticide application information
available through electronic devices
or on-site computers only if all the
requirements in §170.311 are met.
In this case, the inspector should
ask if the workers know how to log
on to the device, how to locate the
correct information and if the
device is easily accessible to the
worker at all times during the work
period and that all workers and
handlers know how to access the
information. These situations need
to be assessed on a case-by-case
basis.
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The inspector should:
Ask the worker if the agricultural employer informed workers where to find pesticide
safety information, pesticide application information, SDSs and decontamination
supplies, and where these items are located.
5.7.6 Notification of Treated Areas and Restrictions During and After
Applications
The applicable regulation is:
Notification to Workers of Pesticide Applications (§170.409) The agricultural employer shall
notify workers of any pesticide application orally or by posting warning signs, or both,
depending on the statement on the product labeling. (See section 5.5.5.1 for more information
on notification requirements.)
The inspector should:
Ask workers how they were notified about treated areas for recent applications and
compare the response to the label requirements. (Note: No notification is needed if
workers are not expected to be within % mile of treated area(s) or will not enter the
enclosed treated space until after the REI.)
If appropriate, ask when oral warnings to the workers were provided. The employer must
provide oral warnings before or at the beginning of worker's work period.
If some workers are non-English speaking, ask how warnings are communicated;
Ask what information is given to the workers. The employer must provide location of
treated areas, dates and times of REI, and instructions not to enter;
Ask if the worker has been instructed to enter fields or an enclosed space while the
warning signs are still posted. Entry is not allowed anytime while the signs are posted.
5.7.7 Early Entry
The applicable regulations are:
Early-Entry (EE) Exceptions (§170.603) - An agricultural employer may direct a worker to enter a
treated area under the REI to perform certain tasks under certain conditions (for more
information on early entry exceptions and restrictions see 5.5.5.3):
The inspector should:
Ask if the worker entered a treated area while posted or under the REI. If yes, ask when
this happened, what were the conditions, and what tasks were involved/directed;
Ask if the worker was allowed entry before 4 hours after application. (Entry is not
allowed except under No Contact.)
Ask how long the worker was in the treated area? (Time is unlimited for No Contact, but
1 hour in a 24-hour period, for short-term, 4 hours in 24 for Ag. Emergency, and 8 hrs. in
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24 for Limited Contact/Irrigation.)
Early-Entry Worker Protections (§170.605) - If an agricultural employer directs a worker to enter
a treated area under the REI to perform certain tasks under certain conditions, then particular
protections must be provided to that early entry worker. (For complete information on early-
entry protections, see section 5.5.5.3). Agricultural employers must:
Ensure that any early-entry worker is at least 18 years old; (§170.605(a))
Advise workers which early-entry exception is applied, the location of the early entry
area where work activities will be conducted, provide the pesticides applied,
dates/times of REI, the maximum time workers can be in the area if contact with treated
surfaces is permitted, and specific location of decontamination supplies and the
pesticide safety information; (§170.605(b))
Provide information on human hazard, precautions, first aid, and user safety from the
pesticide label; (§170.605(c))
Provide PPE specified on the pesticide product labeling; (§170.605(d))
Provide at least 1 pint of water that is immediately available to each early-entry worker
if the pesticide product labeling requires protective eyewear for early entry;
(§170.605(i))
Provide decontamination supplies, but not within the area under the REI unless in
closed containers. Decontamination supplies must also be available where workers
remove PPE; (§170.6050))
o Decontamination supplies must include: 3 gallons of water (per early entry
worker at the beginning of the work period); soap; and single use towels;
(§170.605(h))
Not allow workers to take used PPE home; (§170.605(g))
Convey recognition, prevention, and first aid for heat stress (in addition to information
provided in the worker safety training. (§170.605(f))
The inspector should:
If possible, observe early entry workers and if any clearly appear to be under 18, the
inspector may ask the individual worker his or her age. The worker does not have to
provide proof of age. If the inspector chooses to ask the worker about age, the inspector
may want to make clear that it is the employer's responsibility not to employ early entry
workers under 18, and that the worker is not in violation. If the early entry worker
informs the inspector he or she is under 18, the inspector should document the
information and follow up with the employer; (See section 5.5.1.1)
Ask if the worker was provided with information prior to the early entry task;
Ask if the worker had been provided the pesticide label to read, or was informed of its
content;
Ask if the worker wore PPE. If yes, ask what PPE was used, and if information about the
proper use, removal, cleaning, and maintenance, of the early entry PPE was provided.
The inspector should compare the PPE to that required by the label to verify that the
proper PPE was provided;
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Ask where the worker removes the PPE;
Ask if the worker takes the PPE (not work clothing) home to clean;
Ask the worker if decontamination supplies were provided during the activity and where
they were located;
Ask if eye flush water was provided. Eye flush is only required if the label requires
protective eyewear, then at least 1 pint of water in portable containers must be
provided per worker;
Inquire if the worker was instructed about heat stress.
5.7.8 Retaliation
The applicable regulation is:
Prohibited Actions (§170.315) An agricultural employer shall not intimidate, threaten, coerce,
or discriminate against any worker for complying with the WPS requirements or for providing
information to the EPA or SLA.
An inspector should:
Ask workers if they have experienced problems with their supervisor or employer when
workers were trying to comply with the WPS.
o If yes, discuss and record the details of the problems and determine if the
workers believe there was any retaliation involved, then follow-up with the
supervisor or employer later.
5.7.9 Pesticide Exposure Incidents
An inspector should:
Ask if the worker has ever been over exposed and what he or she did in response;
Ask if the worker is aware of any pesticide exposure incidents at the establishment,
including drift. If yes, record the details of incident(s) and report the incident if and
as appropriate.
5.8 HANDLER INTERVIEWS
A handler is any person, including a self-employed person, who is employed by an agricultural
employer, a commercial pesticide handler employer or a farm labor contractor and performs
any of the following tasks:
Mixing, loading, or applying pesticides;
Disposing of pesticides;
Handling open containers of pesticides including: rinsing, cleaning and disposing of
containers;
Acting as a flagger;
Cleaning, adjusting, handling, or repairing parts of mixing, loading or application
equipment;
Assisting with the application of pesticides;
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Entering an enclosed space after the application of a pesticide and before the
inhalation exposure level listed in the labeling has been reached;
Entering a treated area outdoors after application of any soil fumigant during the
labeling-specified entry-restricted period to adjust or remove coverings used in
fumigation;
Performing tasks as a crop advisor during any pesticide application or restricted-entry
interval, or before the inhalation exposure level listed in the pesticide product labeling
has been reached or one of the ventilation criteria established by §170.405(b)(3) or the
pesticide product labeling has been met.
The following lists WPS requirements that affect handlers and questions an inspector may ask
to gather information to determine compliance.
Under the WPS, both the handler employer and the handler are responsible for compliance
with certain requirements. When the inspector interviews a handler, the inspector is obtaining
information:
On the handler employer's compliance with the requirements of the WPS that provide
protections for the handler;
On the handler's compliance with requirements of the WPS that are the responsibility of
the handler.
The inspector should discuss the following items, to the extent they are applicable, with
handlers during interviews.
In this section, "handler employer" includes both agricultural employers who employ handlers
and commercial pesticide handler employers unless one or the other is specifically mentioned.
5.8,1 Minimum Age
The applicable regulations are:
Minimum Age (§170.309(c), §170.313(c)) ~ Agricultural employers must ensure that any
handler is at least 18 years old. Commercial pesticide handler employers must ensure that any
handler employed by the commercial establishment is at least 18 years old.
The inspector should:
Observe handlers and if any clearly appear to be under 18, the inspector may ask the
individual handler their age.
o The handler does not have to provide proof of age.
o If the inspector chooses to ask the handler about age, the inspector should
make clear that it is the employer's responsibility not to employ handlers
under 18, and that the handler is not in violation.
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o If the handler informs the inspector he or she is under 18, the inspector
should document the information and follow up with the employer. (See
section 5.5.1.1.)
5.8.2 Pesticide Safety Training
The applicable regulation is:
Pesticide Safety Training for Handlers (§170.501(a)) Before any handler employee performs
any handling task, the handler employer shall assure each handler has been trained. Handlers
must be trained before any handling tasks are conducted and within the last 12 months.
The inspector should:
Determine, if not done previously, if appropriate handler training was provided
through the review of training records (see section 5.4.2).
However, to verify for individual handlers, the inspector may want to ask handlers if
they attended WPS safety training in the last 12 months.
Training requirements do not apply to any handler who is currently certified as an applicator of
restricted use pesticides §170.501(b)(1) or a handler who is licensed/certified as a crop advisor
by a program acknowledged as appropriate by EPA or an SLA (see additional details
§170.501(b)(2)).
5.8.3 Decontamination and Eye Flushing Supplies
The applicable regulations are:
Handler Decontamination (§170.509) ~ A handler employer shall provide decontamination and
eye flushing supplies for removing pesticides and pesticide residues during any handling
activity.
Decontamination supplies must be located:
o Within % mile or at the nearest vehicular access;
o At all mixing sites;
o Outside the treated area or areas under an REI unless the supplies are contained
within a closed container protected from pesticides;
o For pilots, the decontamination supplies must be in the aircraft or at the aircraft
loading site.
Decontamination supplies must include:
o 3 gallons of water per handler at the beginning of the work period. Water must
be replenished as necessary to ensure there is always an adequate supply;
o soap (no gels or wet towelettes);
o single use towels; and
o A clean change of clothing, such as coveralls.
o An eye-flush system is required if the handler mixes or loads pesticides requiring
protective eyewear or uses a closed system operating under pressure. The eye-
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flush system must be capable of delivering gently running water at a rate of at
least 0.4 gallons per minute for 15 minutes or be 6 or more gallons of water in
containers suitable for providing a gentle eye-flush for about 15 minutes,
o A pint of eye-flush water is required for an applicator using pesticides requiring
protective eyewear.
An inspector should:
Ask the handler where the routine decontamination supplies are located;
Ask the handler if all the routine decontamination supplies are available at the start of
each work period and if sufficient water is maintained during the work period;
Ask if the handler mixes/loads pesticides requiring protective eyewear or uses a closed
system operating under pressure. If yes, ask whether an eye-flush system was available
at the mix/load site;
During the site visit, if the inspector has reason to believe the eye-flush system
may not be operational, (e.g., spigots are heavily rusted) the inspector should
ask when it was last used or tested. If necessary, the inspector can test the eye-
flush system to ensure it is operational; to ensure water actually flows at a
reasonable flow and appears to be of sufficient quality (odorless, colorless,
appropriate temperature). However, before testing the eye-flush system, the
inspector should ensure that any water removed during testing can be
replaced quickly;
If possible during the site visit, check to see if 1 pint of water is immediately
available (i.e., within a few seconds/within a few steps) to applicators using
pesticides requiring protective eyewear.
5.8.4 Emergency Assistance
The applicable regulation is:
Emergency Assistance (§170.309) ~ A handler employer shall make available emergency
medical assistance to any person employed by an agricultural establishment or commercial
pesticide handling establishment to perform pesticide handling tasks, and who has been
poisoned or injured by exposure to pesticides as a result of employment. See section 5.5.1.4
for details.
The inspector should:
Ask the handler(s) how they would obtain assistance in an emergency;
Ask if the handler knows where the nearest emergency medical facility contact
information is located;
Ask if the handler is aware of any pesticide exposure incidents at the establishment.
5.8.5 Display of Pesticide Safety, Application and Hazard Information
The applicable regulations are:
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Posted Pesticide Safety Information (§170.311(a)) - An agricultural employer shall display
pesticide safety information when handlers are on the agricultural establishment and, within
the last 30 days, a pesticide subject to WPS has been applied or an REI has been in effect.
The inspector should:
Ask handlers if they know where the pesticide safety information is located;
Ask where the emergency medical information is located. Emergency medical
information is at the bottom of the pesticide safety display.
Keeping and Displaying Pesticide Application and Hazard Information (§170.311(b)) - An
agricultural employer shall display required application information about a pesticide and
the SDS when handlers are on the establishment within 30 days of a pesticide subject to
WPS being applied on the establishment or after an REI has been in effect.
The inspector should:
Ask handlers how they would find out where and what applications were made
on the establishment and where to find SDSs.
Access to Pesticide Application and Hazard Information by a Worker or Handler
(§170.311(b)(7)) -The agricultural employer must provide pesticide application and/or
hazard information (or access to the information) if requested by a worker or handler.
The scope of what must be provided is that information that had to be displayed and/or
retained during the time that worker or handler was employed at the establishment. This
information must be provided within 15 days of the receipt of the request. The worker or
handler may make the request in writing or orally.
The inspector should:
Ask handlers how they would obtain a copy of pesticide application information
and SDSs;
Inquire if the handler has ever requested pesticide application information or
SDSs and when the handler received the information.
Access to Pesticide Application and Hazard Information by a Designated Representative
(§170.311(b)(9)) - Any handler's designated representative may request access to or a
copy of pesticide application and hazard information described above, on behalf of the
handler.
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The agricultural employer must provide pesticide application and hazard information applicable
to the handler's time of employment on the establishment within 15 days after receiving the
request.
The inspector should:
Ask if the handler has ever requested
Access to Pesticide
Application and Hazard
Information
information through use of a designated
representative and if the appropriate
information was received within the time
allowed.
Employers may make SDSs and
other information available
through on-site computers only if
they meet all the requirements in
§170.311. In this case, the
inspector should ask if the handlers
know how to log on to the
computer, how to locate the
correct information and if the
computers are easily accessible to
o If the handler did not receive the
information, the inspector may want
to contact the representative and
interview him or her about the
request.
Follow-up any reported problems with
information requests with the employer.
Access to Pesticide Application and Hazard
Information by Treating Medical Personnel
(§170.311(b)(8)) -The agricultural employer must
promptly provide a copy of, or access to, pesticide application information and SDSs applicable
to a worker's or handler's time of employment on the establishment if requested (orally or in
writing) by treating medical personnel.
The inspector should:
Ask if there have been situations where a doctor requested pesticide application
information and SDSs for a handler.
o If yes, ask if the handler knows if the requested information was provided.
5.8.6 Establishment-Specific Information
The applicable regulations are:
Knowledge of Establishment-Specific Information (§170.503(b) and §170.509) - Before any
handler performs any handler activity on an agricultural establishment where within the last 30
days a pesticide product has been used, or a REI for such pesticide has been in effect, the
handler employer must ensure that the handler has been informed, in a manner the handler
can understand about the location of pesticide safety information, pesticide application and
hazard information, and decontamination supplies.
The inspector should:
Ask the handler where pesticide safety information, pesticide application information,
SDSs, and decontamination supplies are located.
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5.8.7 Information on Treated Areas Provided to a Commercial Pesticide Handler
Employer and Handler
The applicable regulations are:
Information from the Agricultural Employer Provided to the Commercial Pesticide Handler
Employer on Treated Areas (§170.309(k)) - The agricultural employer must provide commercial
handler employers with information about the specific location and description of any treated
areas on the agricultural establishment where a REI is in effect that the handler may be in, or
may walk within % mile of, and the restrictions on entering those areas.
Information from the Commercial Pesticide Handler Employer Provided to the Handler on
Treated Areas (§170.313(h)) - Ensure that whenever a handler who is employed by a
commercial pesticide handling establishment will be on an agricultural establishment, the
commercial pesticide handler employer provides the handler with information about, or
ensures the handler is aware of, the specific location and description of any treated areas
where a REI is in effect, and the restrictions on entering those areas.
The inspector should:
Ask if the commercial pesticide handler provided information about the specific location
and description of any treated areas on the agricultural establishment where an REI is in
effect that the handler may be in, or may walk within % mile of, and any restrictions on
entering those areas.
5.8.8 Safe Operation of Equipment
The applicable regulations are:
Safe Operation of Equipment (§170.313(f) and §170.309(i)) - All pesticide handler employers
must ensure that before any handler uses any equipment for mixing, loading, transferring, or
applying pesticides, the handler is instructed in the safe operation of such equipment.
Before each day of use, equipment to be used for mixing, loading, transferring, or applying
pesticides must be inspected for leaks, obstructions, and worn or damaged parts, and any
damaged equipment must be repaired or replaced. §170.313(g) and §170.309(j)
The inspector should:
Ask if the handler receives instruction on any equipment to be used;
Ask if the equipment is inspected before each day of use.
5.8.9 Restrictions for Handlers and Handler Employers during Applications
The applicable regulation is:
Requirements during Applications (§170.505) - The handler employer and the handler must
ensure that no pesticide is applied so as to contact, directly or through drift, any worker or other
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person, other than an appropriately trained and equipped handler involved in the application.
§170.505(a).
Suspending Applications (§170.505) - After January 1, 2018, the handler performing the
application must immediately suspend a pesticide application if any worker or other person,
other than an appropriately trained and equipped handler involved in the application, is in the
Application Exclusion Zone described in §170.405(a)(l) or the area specified in column B of
the Table in §170.405(b)(4). §170.505(b) See Appendix D for Table.
The Application Exclusion Zone is:
The area that extends 100 feet horizontally from the application equipment (dispersion
points) in all directions during applications made:
o Aerially;
o By air blast;
o As spray with droplet size of extremely fine, very fine or fine spray quality (ASABE
S5722-1);
o As a fumigant, smoke, mist or fog.
The area that extends 25 feet horizontally from the
application equipment (from dispersion points) in all
directions during application (when not applied as above)
sprayed from a height of greater than 12 inches from the
planting medium using a spray quality of medium or
larger.
There is no application exclusion zone when the pesticide
is applied in a manner not described above.
If there are persons in the AEZ, who are on the establishment
property, the application cannot continue until those persons
have moved. If there are persons in the AEZ outside the boundary
of the establishment, the handler cannot continue until he or she
can ensure that no pesticide is applied so as to contact, directly
or through drift, any worker or other person, other than an
appropriately trained and equipped handler involved in the
application. For more information, see the Interpretive Policy on
the AEZ and Questions and Answers at Appendix E and at
https://www.epa.gov/pesticide-worker-safety/worker-
protection-standard-and-application-exclusion-zone-frequently-
asked.
The inspector should:
Ask the handler to describe the AEZ for a recent application made;
Ask if there have ever been people in the AEZ when the handler was applying, and how
he or she responded (or what the handler would do if there are people in the AEZ);
More information on
the AEZ
EPA has developed an
interpretive policy on
the requirements
associated with the
AEZ, and a series of
questions and
answers. See Appendix
E and
https://www.epa.gov/
pesticide-worker-
safety/worker-
protection-standard-
and-application-
exclusion-zone-
frequently-asked
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Ask how the handler knows when to continue an application after suspending the
application. It is not necessary for the handler to physically stop for a specific length of
time;
Ask if anyone was ever contacted and what the circumstances were. Report the
pesticide exposure incident if and as appropriate.
5.8.10 Handler Knowledge of Labeling and Application-Specific Information
The applicable regulations are:
Knowledge of Labeling and Application-Specific Information (§170.503(a)(1)) - The handler
employer must ensure that before any handler performs any handler activity involving a
pesticide product, the handler has read the portions of the labeling requirements applicable
to the safe use of the pesticide or has been informed in a manner the handler can understand
of all labeling requirements and use directions applicable to the safe use of the pesticide.
The handler employer must ensure that the handler has access to the applicable product
labeling at all times during handler activities. (§170.503(a)(2))
The handler employer must ensure that the handler is aware of requirements for any entry
restrictions, application exclusion zones and restricted-entry intervals as described in §170.405
and §170.407 that may apply based on the handler's activity. (§170.503(a)(3))
The inspector should:
Ask the handler if and when the labeling information and its requirements were
provided for recent applications;
Ask if the handler was told about any entry restrictions, AEZs, and REIs.
5.8.11 Applications of Highly Toxic Pesticides
The applicable regulation is:
Handlers Using Highly Toxic Pesticides (§170.505(c)) ~ A handler employer must ensure that
any handler who is performing any handler activity with a pesticide product that has the skull
and crossbones symbol on the front panel of the pesticide product label is monitored visually or
by voice communication at least every two hours.
The inspector should:
Ask if the handler uses pesticide products with the skull and crossbones symbol on the
label. If yes, ask what safety precautions are taken when using these toxic products.
5.8.12 Fumigant Applications in Enclosed Space Production
The applicable regulation is:
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Fumigant Applications in Enclosed Space Production (§170.505(d)) -The handler employer
must ensure all of the following: handlers must maintain continuous visual or voice contact with
another handler stationed immediately outside the enclosed space, and the handler stationed
outside the enclosed space must have immediate access to and must use the label required PPE
if rescue is needed.
The inspector should:
Ask if the handler conducts fumigant applications in enclosed space production. If yes,
ask what safety precautions are taken when applying fumigants in enclosed space
production;
Ask what preparations are made in case a rescue is needed.
5.8.13 Personal Protective Equipment (PPE) for Handlers
The applicable regulation is:
PPE Requirements (§170.507) - Any person who performs handler activities involving a
pesticide product must use the clothing and personal protective equipment specified on the
pesticide product labeling for use of the product except as provided in §170.607.
The inspector should:
Ask the handler what PPE was worn for a recent pesticide application;
Check to see if PPE used was that required;
Ask the handler if the PPE was clean and dry when donned.
Respirator Use (§170.507(b)(10) - Whenever a respirator is required by the pesticide product
labeling, the handler employer must ensure that the requirements of paragraphs §170.507
(b)(10)(i) through (iii) are met (i.e., provide fit testing, training and a medical evaluation) before
the handler performs any handler activity where the respirator is required to be worn.
The inspector should determine if an appropriate medical evaluation, fit testing and training
was provided through the review of training records (see section 5.4.2). However, to verify for
individual handlers, the inspector may want to:
Ask if the handler is required to wear a respirator by any pesticide labeling. If yes, ask:
o If the handler received a medical evaluation before wearing the respirator;
o If the handler was fit tested on the exact same respirator (same make, model,
style and size) that was worn;
o If the handler was trained before using the respirator and within the last 12
months.
For more information on respirator requirements, see section 5.4.2 and Appendix C for the
OSHA regulations.
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Use of PPE (§170.507(c)) Handler employers must ensure that PPE is used correctly, has been
inspected before each day of use, and damaged equipment is repaired or replaced.
The inspector should:
Ask if the handler received training on how to use PPE correctly; §170.507(c)(1)
Ask if damaged PPE is repaired or replaced.
Cleaning and Maintenance of PPE (§170.507(d)) Handler employers must ensure that all PPE
is cleaned according to manufacturer's instructions or pesticide product labeling before each day
of reuse (or if none, washed in detergent and hot water). In addition, handler employers must
ensure:
Contaminated PPE is kept separate from cleaned PPE, cleaned separately from other
clothing, and dried thoroughly before storage;
Clean PPE must be kept separate from pesticide contaminated areas and personal
clothing;
Handlers must have a place away from pesticide storage or pesticide use areas to:
o Store personal clothing;
o Put on and remove PPE.
Particulate filtering respirators must be replaced after 8 hours of use if not earlier.
Particulate filtering respirators also must be replaced when:
o Breathing resistance is excessive;
o The filter has damage or tears;
o Required by manufacturer's directions or the label.
Gas or vapor respirators must have
canisters or cartridges replaced at the end
of 8 hours of use, if not earlier. Gas or
vapor respirator canisters or cartridges also
must be replaced when:
o There is the first indication of odor,
taste, or irritation;
o Maximum use time is reached as
perOSHA 29 CFR
§1910.134(d)(3)(iii)(B)(2) (see box);
o Breathing resistance is excessive;
o Required by manufacturer's
directions or the label.
The following information must be
provided to the person who
cleans/launders the PPE:
o PPE may be contaminated;
o Correct way to clean the PPE and
how to protect themselves;
OSHA Maximum Use Time
OSHA 29 CFR §1910.134(d)(3)(iii)(B)(2)
states, "If there is no ESLI [end-of-
service-life-indicator] appropriate for
conditions in the employer's
workplace, the employer implements
a change schedule for canisters and
cartridges that is based on objective
information or data that will ensure
that canisters and cartridges are
changed before the end of their
service life. The employer shall
describe in the respirator program the
information and data relied upon and
the basis for the canister and
cartridge change schedule and the
basis for reliance on the data."
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o Proper decontamination methods after handling the PPE.
The employer must ensure employees do not take PPE home.
The inspector should:
Ask if the handler used a respirator for recent applications and ask what kind of
respirator. If yes, and handler uses a particulate filtering facepiece, ask when they are
replaced. If the handler uses a gas- or vapor-removing respirator, ask when the canister
or cartridge is replaced;
Ask if the handler is responsible for cleaning, storing or maintaining PPE;
If appropriate, ask how often the PPE is cleaned, how it is cleaned and how and where it
is stored;
Ask to see where PPE is stored and check the following:
o Is visibly contaminated PPE stored with clean PPE or clean clothing?
If PPE is being donned, doffed or cleaned during the inspection, check the following if
possible:
o Are workers or handlers donning PPE that is damaged with holes or tears?
o Are workers or handlers donning PPE in an area away from pesticide use or
storage?
o Is PPE being washed according to manufacturer's instructions or pesticide
labeling or if none, with detergent and hot water?
o Is clean PPE being stored or donned while still wet?
o Is contaminated PPE being kept separate from clean PPE and other clothing?
o Is contaminated PPE being washed separately from other clothing or laundry?
o Are workers or handlers taking contaminated PPE with them when leaving the
establishment?
Handler Heat Stress (§170.507(e)) Whenever PPE is required during a handler activity, the
handler employer must take measures to prevent heat-related illnesses.
The inspector should:
Inquire what steps, if any, were taken to prevent heat stress, if the handler has suffered
from heat stress and what was done in response.
5.8.14 PPE Exceptions
The applicable regulations are:
PPE Exceptions and Substitutions (§170.607(a-c)) - A chemical-resistant suit may be substituted
for coveralls or a chemical-resistant apron. Leather boots may be worn in place of chemical-
resistant footwear only in rough terrain. Leather gloves may be worn over chemical-resistant
glove liners only when working with plants with thorns.
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The inspector should:
Inquire if the handler makes any labeled PPE substitutions and what the substitutions
are.
Closed System PPE Substitutions (§170.607(d)) - When pesticides are being mixed or loaded
using a closed system that meets all of the requirements in §170.607(d)(2) and the handler
employer meets the requirements of §170.607(d)(3) specific exceptions to label specified PPE
are permitted. If the products are not contained, the system cannot qualify for PPE
substitutions. Water soluble packaging that is compromised is no longer considered a closed
system, and then full labeled PPE must be worn.
The following conditions must be met to apply the closed system PPE exceptions.
The closed system removes the pesticide from its original container and transfers the
pesticide product through connecting hoses, pipes and coupling that are sufficiently tight
to prevent exposure of handlers to the product, except for the negligible escape
associated with normal operation of the system or the pesticide is loaded in intact,
sealed water soluble packaging;
The closed system operating instructions are available at the mix/load site;
The operating instructions are clearly legible and include procedures for use, safe
removal of any probe, maintenance, cleaning, repair, known restrictions/limits relating to
the system such as incompatible pesticides or unsuitable containers, limits on the ability
to measure a pesticide, and procedures dealing with partially-filled containers;
Handlers must be trained and use the system according to the written instructions;
The closed system must be cleaned and maintained according to the written instructions;
All label specified PPE must be immediately available;
Protective eyewear must be worn if the closed system operates under pressure.
When the above conditions are met, the following exceptions to PPE are permitted:
Handlers using a closed system to mix/load pesticides with signal words "DANGER" or
"WARNING" may substitute a long-sleeved shirt, long pants, shoes and socks, chemical-
resistant apron, protective eyewear, and protective gloves for any labeled PPE;
Handlers using a closed system to mix/load pesticides with signal word other than above
may substitute a long-sleeved shirt, long pants, shoes and socks, and protective eyewear,
and for any labeled PPE.
The inspector should:
Inquire if the handler uses a closed system under pressure for any mixing/loading of
pesticides. If so, ask what PPE is used;
Ask if and when the handler was trained in the use of the closed system;
Ask the handler if any PPE substitutions were made and if so, what they were;
During the site visit, if substitute PPE is being used, see if written operating instructions
for the closed system are available at the mix/load site and check that all labeled PPE is
available immediately to a handler in an emergency.
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Enclosed Cab PPE Exceptions (§170.607(e)) - If a handler applies a pesticide from inside a
vehicle's enclosed cab, and if the conditions listed below (§170.607(e)(2)) are met, the
following exceptions to the label specified PPE are permitted. However, all label required PPE
must still be immediately available and stored in a sealed container in the vehicle and handlers
must wear full PPE required by the label when they exit the vehicle in the treated area, and must
remove PPE before reentering the cab.
Handlers may substitute long-sleeved shirt, long pants, shoes and socks for required skin
and eye protection.
A particulate filtering respirator (NIOSH TC-84A) is not required if the enclosed cab has
functioning air ventilation system maintained per manufacturer instructions. (Note older
labels may refer to dust/mist filtering respirators instead of the current terminology
using particulate filtering respirator.) Other required respirators must be worn inside an
enclosed cab.
The inspector should:
Ask if the handler uses an enclosed cab for pesticide applications. If so, ask what PPE is
used;
Ask if the handler ever exits the vehicle within a treated area during applications or
within the REI and what PPE is used.
Aerial Applicator PPE Exceptions (§170.607(f)) - For aerial
applications, substitutions of label specified PPE is permitted
under certain conditions:
For open cockpit (rare), labeled PPE must be worn,
except chemical-resistant footwear is not needed; a
helmet with a face shield may substitute for headgear or
protective eyewear;
For enclosed cockpit, long-sleeved shirt, long pants,
shoes, socks may substitute for labeled PPE;
Chemical-resistant gloves are optional unless required on
the label;
If chemical-resistant gloves have been used, they must be stored in an enclosed
container to prevent contamination of the cockpit.
The inspector should:
Ask the handler what PPE is used during aerial applications and if any substitute PPE is
used;
Ask the handler where the gloves are kept if used.
Crop Advisors (§170.607(g)) - Crop advisors may substitute the PPE required on the label for
handler activities under certain conditions. Entry into a treated area during the REI using
substitute PPE can only be done:
Helicopters
Helicopters with open
sides do not meet the
definition of enclosed
cockpits and so no
substitution of PPE is
allowed.
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At least 4-hours post-application;
When the inhalation exposure level on the label is reached, or ventilation in
§170.405(b)(3) is met. See Appendix D for the Table on Entry Production Restrictions
During Enclosed Place Pesticide Application;
The crop advisor or employees are only performing crop advising tasks;
Crop advisors and employees in a field under the REI may substitute the items below for
handler PPE:
o Early entry PPE;
o Coveralls, shoes plus socks, chemical-resistant gloves made of any waterproof
material, and, if the labeling requires protective eyewear for handlers, eye
protection.
The inspector should:
Ask the crop advisor what PPE the crop advisor wears and if he or she wears any
substitute items from those required;
Ask the crop advisor under what conditions PPE exceptions are made.
Note, this PPE exception applies to all crop advisors, not just those who are licensed/certified
crop advisors under a program acknowledged as appropriate by EPA or an SLA.
5.8.15 Retaliation
The applicable regulation is:
Prohibited Actions (§170.315) A handler employer shall not intimidate, threaten, coerce, or
discriminate against any handler for complying with the WPS requirements or for providing
information to the EPA, State, or Tribal government.
The inspector should:
Ask handlers if they have experienced problems with their supervisor or employer while
the handler was trying to comply with the WPS. If yes, discuss and record the details of
the problem and determine if the handlers believe there was retaliation involved, then
follow-up with the supervisor or employer.
5.8.16 Pesticide Exposure Incidents
The inspector should:
Ask if there have been any incidents and how they were handled. Report the incident if
and as appropriate.
5.9 EXIT CONFERENCE
The exit conference is an important final element of the inspection. The conference is an
opportunity for the inspector to answer questions about the regulations, and to provide fact
sheets or other compliance assistance information that explain the regulations or aid in
maintaining compliance.
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At the end of inspections conducted using federal credentials, the inspector should issue a
receipt for samples to the employer/manager for samples collected, such as photos, copies of
records, etc. While the inspector should note observed variances from the regulations, the
inspector should not express any opinions about violations and should not make any conclusions of
law. The inspector may explain that compliance determinations are done later by a compliance
officer in association with the inspector.
Inspectors who conduct WPS inspections under SLA authority and using SLA credentials should
follow appropriate SLA procedures. SLAs may have the authority to make compliance
determinations on-site and to issue a warning or field notice of violation.
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CHAPTER 6. POST INSPECTION
One of the most important activities after the inspection is to prepare an inspection report.
The inspection report is critical to support enforcement actions if violations are found at the
establishment. The report should include a written narrative, supportive documentation like
photos, interviews and statements, as necessary to support the facts and/or suspected
violations. The final inspection report should establish the compliance status of an
establishment in a factual, objective and consistent manner. If suspected violations of the
WPS are included, the report should be labeled as "Enforcement Sensitive." Refer to Chapter
16, "Inspection Report and Supporting Documentation" of the FIFRA Inspection Manual for
more information.
If an SLA inspection is performed with Federal credentials, then the inspection file should be
forwarded to the EPA Region for review and possible enforcement action. If the inspection is
performed under SLA credentials, enforcement actions should be taken in accordance with
the SLA's Enforcement Response Policy (ERP) and the nature of the WPS violation. Egregious
WPS violations detected on-site may be addressed immediately by the inspector in
accordance with SLA protocols, SOPs, and the ERP. In cases with egregious violations,
compliance assistance may be provided to the employer/manager on-site, but not in lieu of
appropriate enforcement.
If violations of law are detected during an inspection and documented properly, EPA, or the
SLA may initiate a civil or criminal enforcement action or suitable notice of warning. See
Chapter 17 of the FIFRA Inspection Guidance for more information on enforcement processes
and the role of the inspector.
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End Notes
1 EPA's Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Inspection Manual, October
2013, https://www.epa.gov/sites/production/files/2014-01/documents/fiframanual.pdf
2 WPS Rule at: https://www.epa.gov/pesticide-worker-safety/revisions-worker-protection-standard
3Title VI of Civil Rights Act of 1964 at: https://www.epa.gov/civilrights/t6facts.htm
4For information and technical assistance on the Americans with Disabilities Act, see
https://www.ada.gov
5 EPA biosecurity procedures for guidelines to be followed when entering and exiting farms or
ranches that contain livestock or poultry, (https://www.epa.gov/compliance/guidance-biosecurity-
procedures-visits-livestock-and-poultry-facilities)
6 FIFRA requires that a Notice of Inspection (NOI) be provided whenever an inspection is to be
conducted under the authority of FIFRA. When federal EPA credentials are used to conduct a
FIFRA inspection, the inspector must issue a NOI to the establishment owner or person being
inspected. SLAs may have similar requirements when conducting inspections under their
authority.
7 OSHA 29 CFR 1910.134,
https://www.osha.gov/pls/osha web/owadisp.show_document?p_table=STANDARDS&p_id=127
8 See Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding
Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient
Persons, 69 Fed. Reg. 35,602 (June 25, 2004) at: https://www.epa.gov/Qcr/assisting~people~
II i m i ted-engll i s h - p irofil ciency
9For further information regarding LEP, refer to https://www.lep.gov and state civil rights
resources.
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Worker Protection Standard Inspection Manual
APPENDIX A: GLOSSARY OF TERMS
§ 170.305 Definitions.
Terms used in this part have the same meanings they have in the Federal Insecticide, Fungicide, and
Rodenticide Act, as amended. In addition, the following terms, when used in this part, shall have the
following meanings:
Agricultural employer means any person who is an owner of, or is responsible for the management or
condition of, an agricultural establishment, and who employs any worker or handler.
Agricultural establishment means any farm, forest operation, or nursery engaged in the outdoor or
enclosed space production of agricultural plants. An establishment that is not primarily agricultural is an
agricultural establishment if it produces agricultural plants for transplant or use (in part or their entirety)
in another location instead of purchasing the agricultural plants.
Agricultural plant means any plant, or part thereof, grown, Maintained, or otherwise produced for
commercial purposes, including growing, maintaining or otherwise producing plants for sale or trade, for
research or experimental purposes, or for use in part or their entirety in another location. Agricultural
plant includes, but is not limited to, grains, fruits and vegetables; wood fiber or timber products;
flowering or foliage plants and trees; seedlings and transplants; and turf grass produced for sod.
Agricultural plant does not include pasture or rangeland used for grazing.
Application exclusion zone - means the area surrounding the application equipment that must be free of
all persons other than appropriately trained and equipped handlers during pesticide applications.
Chemigation means the application of pesticides through irrigation systems.
Closed system - means an engineering control used to protect handlers from pesticide exposure hazards
when mixing and loading pesticides.
Commercial pesticide handler employer - means any person other than an agricultural employer, who
employs any handler to perform handler activities on an agricultural establishment. A labor contractor
who does not provide pesticide application services or supervise the performance of handler activities,
but merely employs laborers who perform handler activities at the direction of an agricultural or handler
employer, is not a commercial pesticide handler employer.
Commercial pesticide handling establishment means any enterprise, other than an agricultural
establishment, that provides pesticide handler or crop advising services to agricultural establishments.
Crop advisor means any person who is assessing pest numbers or damage, pesticide distribution, or
the status or requirements of agricultural plants.
Designated representative - means any persons designated in writing by a worker or handler to exercise
a right of access on behalf of the worker or handler to request and obtain a copy of the pesticide
application and hazard information required by 170.309(h).
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Early entry means entry by a worker into a treated area on the agricultural establishment after a
pesticide application is complete, but before any restricted-entry interval for the pesticide has expired.
Employ - means to obtain, directly or through a labor contractor, the services of a person in exchange
for a salary or wages, including piece-rate wages, without regard to who may pay or who may receive
the salary or wages. It includes obtaining the services of a self-employed person, an independent
contractor, or a person compensated by a third party, except that it does not include an agricultural
employer obtaining the services of a handler through a commercial pesticide handler employer or a
commercial pesticide handling establishment.
Enclosed cab means a cab with a nonporous barrier that totally surrounds the occupant(s) of the cab
and prevents dermal contact with pesticides that are being applied outside of the cab.
Enclosed space production means production of an agricultural plant indoors or in a structure or space
that is covered in whole or in part by any nonporous covering and that is large enough to permit a
person to enter.
Fumigant means any pesticide product that is a vapor or gas, or forms a vapor or gas upon application,
and whose pesticidal action is achieved through the gaseous or vapor state.
Hand labor means any agricultural activity performed by hand or with hand tools that causes a worker
to have substantial contact with plants, plant parts, or soil and other surfaces that may contain pesticide
residues, except that hand labor does not include operating, moving, or repairing irrigation or watering
equipment or performing crop advisor tasks.
Handler means any person, including a self-employed person, who is employed by an agricultural
employer or commercial pesticide handler employer and performs any of the following activities:
(1) Mixing, loading, or applying pesticides.
(2) Disposing of pesticides.
(3) Handling opened containers of pesticides, emptying, triple-rinsing, or cleaning pesticide
containers according to pesticide product labeling instructions, or disposing of pesticide
containers that have not been cleaned. The term does not include any person who is only
handling unopened pesticide containers or pesticide containers that have been emptied or
cleaned according to pesticide product labeling instructions.
(4) Acting as a f I agger.
(5) Cleaning, adjusting, handling, or repairing the parts of mixing, loading, or application
equipment that may contain pesticide residues.
(6) Assisting with the application of pesticides.
(7) Entering an enclosed space after the application of a pesticide and before the inhalation
exposure level listed in the labeling has been reached or one of the ventilation criteria
established by §170.405(b)(3) or the labeling has been met to operate ventilation equipment,
monitor air levels, or adjust or remove coverings used in fumigation.
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(8) Entering a treated area outdoors after application of any soil fumigant during the labeling-
specified entry-restricted period to adjust or remove coverings used in fumigation.
(9) Performing tasks as a crop advisor during any pesticide application or restricted-entry
interval, or before the inhalation exposure level listed in the pesticide product labeling has been
reached or one of the ventilation criteria established by § 170.405(b)(3) or the pesticide product
labeling has been met.
Handler employer means any person who is self-employed as a handler or who employs any handler.
Immediate family is limited to the spouse, parents, stepparents, foster parents, father-in-law, mother-
in-law, children, stepchildren, foster children, sons-in-law, daughters-in-law, grandparents,
grandchildren, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and first
cousins. "First cousin" means the child of a parent's sibling, i.e., the child of an aunt or uncle.
Labor contractor means a person, other than a commercial pesticide handler, who employs workers or
handlers to perform tasks on an agricultural establishment for an agricultural employer or a commercial
pesticide handler employer.
Outdoor production means production of an agricultural plant in an outside area that is not enclosed
or covered in any way that would obstruct the natural air flow.
Owner means any person who has a present possessory interest (e.g., fee, leasehold, rental, or other)
in an agricultural establishment. A person who has both leased such agricultural establishment to
another person and granted that same person the right and full authority to manage and govern the use
of such agricultural establishment is not an owner for purposes of this part.
Personal protective equipment means devices and apparel that are worn to protect the body from
contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant
suits, chemical-resistant gloves, chemical-resistant footwear, respirators, chemical-resistant aprons,
chemical-resistant headgear, and protective eyewear.
Restricted-entry interval means the time after the end of a pesticide application during which entry
into the treated area is restricted.
Safety data sheet has the same meaning as the definition at 29 CFR 1900.1200(c).
Treated area means any area to which a pesticide is being directed or has been directed.
Use as in "to use a pesticide" means any of the following:
(1) Pre-application activities, including, but not limited to:
(i) Arranging for the application of the pesticide.
(ii) Mixing and loading the pesticide.
(iii) Making necessary preparations for the application of the pesticide, including
responsibilities related to worker notification, training of workers or handlers, providing
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decontamination supplies, providing pesticide safety information and pesticide
application and hazard information, use and care of personal protective equipment,
providing emergency assistance, and heat stress management.
(2) Application of the pesticide.
(3) Post-application activities intended to reduce the risks of illness and injury resulting from
handlers' and workers' occupational exposures to pesticide residues during and after the
restricted-entry interval, including responsibilities related to worker notification, training of
workers or early-entry workers, providing decontamination supplies, providing pesticide safety
information and pesticide application and hazard information, use and care of personal
protective equipment, providing emergency assistance, and heat stress management.
(4) Other pesticide-related activities, including, but not limited to, transporting or storing
pesticides that have been opened, cleaning equipment, and disposing of excess pesticides, spray
mix, equipment wash waters, pesticide containers, and other pesticide-containing materials.
Worker means any person, including a self-employed person, who is employed and performs activities
directly relating to the production of agricultural plants on an agricultural establishment.
Worker housing area means any place or area of land on or near an agricultural establishment where
housing or space for housing is provided for workers or handlers by an agricultural employer, owner,
labor contractor, or any other person responsible for the recruitment or employment of agricultural
workers.
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Worker Protection Standard Inspection Manual
APPENDIX B: SAMPLE INSPECTION CHECKLISTS
Part 1: Agricultural Establishment Checklist
WORKER PROTECTION STANDARD INSPECTION WORKSHEET
DATE
INSPECTION NUMBER
OWNER/OPERATOR
APPLICATOR
FIRM OR PREMISE NAME
Inspector Credentials Presented ~ Yes ~ No Routine inspection ~
Notice of Inspection Provided ~ Yes ~ No For Cause inspection ~
A. AGRICULTURAL ESTABLISHMENT INFORMATION
Immediate Family Exemption Criteria for Workers and Handlers 170.305,170.601(a)
Are ALL the workers and handlers the owner (or majority owner) or immediate family? Exemption applies to:
Spouses, Children, Step Children, Foster Children, Sons-in-law, Daughters-in-law, Grandchildren, Parents, Step
Parents, Foster Parents, Grandparents, Fathers-in-law, Mothers-in-law, Aunts, Uncles, Brothers, Sisters,
Brothers-in-law, Sisters-in-law, Nieces, Nephews, First Cousins
Workers: Yes ~ Handlers: Yes ~
If both answers are "yes", stop using this form and use Part 3: Owners of Agricultural Establishments and
Immediate Family Checklist. If one or both answers are "no", continue to use this checklist as appropriate.
B. RECORDS REVIEW 170.311
Pesticide Application Information and SDSs 170.311(b)
Are pesticide application information and SDSs retained on the establishment for 2 years? (Safety
Data Sheets, Product name, Registration number, active ingredient, crop or site treated, location
and description, date, start and end time of application, duration of REI)
Yes No
~ ~
Identify WPS pesticide(s) applied or REI in effect in the past 30 days (minimum of 3 products if possi
a record review, interview and/or visual inspection of products in storage and record as appropriate
the inspection: product name/#; date applied; method of application; special requirements; weathe
during application; PPE required; REI (record on Part 4: List of WPS Pesticide Products, or separately
Die) through
to facilitate
r conditions
)
Safety Training Records 170.401(d), 170.501(d)
Worker Training Records
Handler Training Records
Current workers trained in past 12 months?
Yes ~ No ~
Current handlers trained in past 12 months?
Yes ~ No ~
Records retained for 2 years on establishment?
Yes ~ No ~
(Worker name, signature, date of training,
EPA-approved materials, trainer's name, trainer's
qualifications, name of ag employer)
Records retained for 2 years on establishment?
Yes ~ No ~
(Handler name, signature, date of training,
EPA-approved materials, trainer's name, trainer's
qualifications, name of ag employer)
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Respirator Safety Records 170.507(b)(10)
N/A
Yes
No
Are respirator safety records retained on the establishment for 2 years?
~
~
~
Have handlers receive medical clearance, fit testing and training for required
respirator?
~
~
~
Access and Availability of Records 170.311(b)(7) through (9)
N/A
Yes
No
Has a worker, handler, or designated representative requested application information
and/or SDS? If so, was it provided within 15 days of receipt?
Have treating medical personnel requested application information and/or SDS? If so,
was it provided promptly?
~
~
~
C. MINIMUM AGE FOR HANDLERS AND EARLY ENTRY WORKERS 170.309
Yes
No
Are all handlers and early entry workers at least 18 years of age?
~
~
D. INFORMATION DISPLAY
Location of the "Central Display" 170.311(a)(5), 170.311(b)(2) and (3)
Inspector observation ~ Based on interview ~
Yes
No
Has an appropriate central display been established in an area where workers and handlers are
likely to congregate or pass by and is it accessible during work hours?
~
~
WPS Safety Information Display 170.311(a)
Yes
No
Is all required WPS safety information being provided at the central display?
Is the EPA WPS Safety Poster (or equivalent) displayed in central location, easily accessible, and
legible?
Are the name, address and phone number of an emergency medical facility displayed?
Are the name, address and phone number of the state/tribal pesticide agency displayed?
Are any changes to required information made within 24 hours of receiving notice of changes?
~
~
Is the pesticide safety information displayed where decontamination supplies are located at
permanent sites and provided at locations where a toilet is provided for 11 or more workers
(as required by OSHA)?
~
~
Pesticide Application and Hazard Information (SDS) Display 170.311(b)(l)-(5)
Yes
No
Is all required pesticide application information provided at central location? Including:
Crop or site treated and location and description of treated area, date(s) of application, start and
end times, pesticide product name, active ingredient(s), EPA reg. no., re-entry interval (if
any)
~
~
Is the Safety Data Sheet (SDS) for each pesticide made available?
~
~
Is the application information and SDS displayed no later than 24 hours after the end of the
applications (but before workers enter the treated area) and kept posted for 30 days after
the last REI expiration if workers/handlers are present?
~
~
Are the application information and SDSs easily accessible and legible?
~
~
KNOWLEDGE OF LABELING, APPLICATION- AND ESTABLISHMENT-SPECIFIC INFORMATION 170.403 (a)-(c) and
170.503(a) and (b)
Inspector observation ~ Based on interview ~
Yes
NO
Before a handler performed any handler activity, did the handler employer ensure the handler
read applicable portions of the label on safe use or was informed in a manner the handler
can understand? 170.503(a)
~
~
Did the handler have access to the labeling at all times, and was the handler aware of any entry
restrictions, AEZ and REIs?
~
~
Before any worker performs any activity in a treated area or any handler performs any handler
activity where within the last 30 days a pesticide product has been used or an REI has been in
effect, has the employer informed workers and handlers in a manner workers and handlers
can understand, of the location of pesticide safety information, pesticide application and
SDSs, and decontamination supplies? 170.403(a)-(c), 170.503(b)
~
~
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F. WORKER DECONTAMINATION 170.411
Inspector observation ~ Based on interview ~
N/A
Yes
No
Are decontamination supplies located within 1/4 mile of the work site or nearest site of
vehicular access and outside a pesticide treated area under an REI and reasonably
accessible? 170.411(d)
~
~
~
Are the appropriate decontamination supplies provided? Including
1 gallon of water provided for each worker at the beginning of work period and
replenished to maintain adequate supply, soap, single-use towels 170.411(b)
~
~
~
If REI is 4 hours or less, are the decontamination supplies provided for 7 days? Or 30 days
if REI is more than 4 hours? 170.411(c)
~
~
~
G. HANDLER DECONTAMINATION AND EYEWASH SUPPLIES 170.509
Inspector observation ~ Based on interview ~
N/A
Yes
No
Are decontamination supplies located at mixing sites? 170.509(c)(1)
~
~
~
For all other handler tasks, are decontamination supplies located within 1/4 mile from
handler or nearest place of vehicular access? Are supplies located outside a treated
area or area under REI or in a closed container protected from pesticide
contamination? 170.509(c)
~
~
~
Are the appropriate decontamination supplies provided? Including 3 gallons of water
provided for each handler (at the beginning of work period and replenished to
maintain adequate supply), soap, single use towels, and a change of
clothes?170.509(b)
~
~
~
At each mixing/loading site for products requiring eye protection or using a closed
system under pressure is there an appropriate eyewash system immediately
available to a handler? (Either a system to deliver gently running water (at a rate of
0.4 gal/min) for 15 minutes or at least 6 gallons in containers suitable for providing a
gentle eye-flush for about 15 minutes) 170.509(d)(1)
~
~
~
Does each applicator have at least one pint of water immediately available in a portable
container when pesticide label requires eye protection? 170.509(d)(2)
~
~
~
H. APPLICATION AND ENTRY RESTRICTIONS AND HANDLER PROTECTIONS 170.405 and 170.505
Inspector observation ~ Based on interview ~
N/A
Yes
No
Do all handlers observed by the inspector appear to be over 18?
~
~
~
Did the handler suspend application because someone was in the AEZ? (for enclosed
space, in area in column B in Table in 170.405(b)(4)) and was the application
continued properly? (See Part 5: Table - Entry Restrictions During Enclosed Space
Production Pesticide Applications) 170.505(b)
~
~
~
Was each pesticide applied so that it did not contact, either directly or through drift,
anyone except appropriately trained and equipped handlers? 170.505(a)
~
~
~
If toxic "skull & crossbones" products were used, was contact made at least every 2
hours by voice, sight or another appropriate method? 170.505(c)
~
~
~
If a fumigant was applied in an enclosed space, was continuous visual or voice contact
with another handler equipped with PPE maintained? Did the handler outside the
enclosed space have immediate access to required PPE in case a rescue is required?
170.505(d)
~
~
~
1. NOTIFICATION AND ENTRY RESTRICTIONS
Entry Restrictions after Applications 170.407
Inspector observation ~ Based on interview ~
N/A
Yes
No
After application of any pesticide to an outdoor production area, does the employer not
allow any worker to enter or remain in the treated area before the REI has expired
and all warning signs have been removed or covered? (except for permitted early
entry activities) 170.407(a)
~
~
~
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N/A
Yes
No
After application of any pesticide to an area of enclosed space production, does the
employer not allow any worker to enter or remain in the area as specified in Table at
170.405(b)(4) (see Part 5: Table - Entry Restrictions During Enclosed Space
Production Pesticide Applications) before the REI has expired and all warning signs
have been removed or covered? (except for permitted early entry activities)
170.407(b)
~
~
~
Posting & Notification 170.409
N/A
Yes
No
For any dual notice pesticide(s) (highly toxic): Was notification provided both orally and
by posting? 170.409(a)(l)(i)
~
~
~
For any outdoor production area applications with REI of 48 hours or less, was either
oral notification or posted warning signs used? If oral notification:
Did the notification include the location, dates and times of restrictions?
Did the notification include instructions about the restriction in a manner that was
understandable to workers?
Was the notification provided before the application or at the time a worker begins their
work period? 170.409(a)(l)(iii)
~
~
~
For any outdoor production area applications with REI greater than 48 hours were
posted warning signs used?
Did signs meet the size and content requirements?
Were signs posted in adequate locations?
Were signs posted no sooner than 24 hours but before the application?
Did signs remain posted until REI expired?
Were signs removed within 3 days of REI expiration (or was no entry ensured)?
170.409(a)(l)(ii)
~
~
~
For any enclosed space production area applications with REI greater than 4 hours
Were posted warning signs used?
Did signs meet the size and content requirements?
Were signs posted in adequate locations?
Were signs posted no sooner than 24 hours but before the application?
Did signs remain posted until REI expired?
Were signs removed within 3 days of REI expiration (or was no entry ensured)?
170.409(a)(l)(iv)
~
~
~
For any enclosed space production area applications with REI of 4 hours or less was
either oral notification or posted warning signs used? If oral notification:
Did notification include the location, dates and times of the restriction?
Did notification include instructions about the restriction in a manner that were
understandable to the workers?
Was the notification provided before the application or at the time a worker begins their
work period? 170.409(a)(l)(v)
~
~
~
J. INFORMATION EXCHANGE 170.309(k), 170.313(i)
Inspector observation ~ Based on interview ~
N/A
Yes
No
If agricultural employer is employing a commercial handler to make applications:
Does the agricultural employer give the location and description of treated areas or REIs
and restrictions in those areas where applications are or will be made on their
establishment to a commercial pesticide handler employer? 170.309(k)
~
~
~
Does the commercial pesticide handling establishment inform the agricultural employer
of: location and description of areas to be treated, date and time of application,
product name, registration number, active ingredient, REI, requirement for oral
and/or written notification, and any other restrictions? 170.313(i)
~
~
~
K. PERSONAL PROTECTIVE EQUIPMENT (PPE) 170.507
Inspector observation ~ Based on interview ~
N/A
Yes
No
For pesticide products reviewed:
Did the handlers use the clothing and PPE specified on the product labeling? 170.507(a)
~
~
~
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N/A
Yes
No
Did the handler employer provide clean, operational PPE to the handler to meet label
requirements? 170.507(b)
~
~
~
Before each day of use, did the handler employer inspect all PPE and repair or discard
PPE as appropriate? 170.507(c)
~
~
~
Did employer assure that handler wears and uses PPE correctly, and before each day of
use, is the PPE inspected, and repaired or discarded as appropriate? 170.507(c)
~
~
~
Is the PPE properly cleaned and thoroughly dried before storage? Is clean PPE stored
separately from personal clothing and contaminated areas? Is there a clean place for
putting on and removing PPE? 170.507(d)
~
~
~
Where labeling requires PPE for handler activities, did the employer take sufficient
measures to prevent heat-related illness and instruct each handler in the prevention,
recognition and first aid treatment of heat-related illness?
~
~
~
If respirators are required and handlers are present, did handlers receive medical
clearance, fit testing and training? 170.507(b)(10)
~
~
~
If using particulate filtering facepiece respirators, are they replaced appropriately? (i.e.,
breathing resistance excessive; filter is damaged; according to respirator or product
label; after 8 hours of use) 170.507(d)(6)
~
~
~
If using vapor-removing canister/cartridge respirators, are they replaced appropriately?
(based on odor, taste, irritation; breathing resistance excessive; according to
respirator or pesticide product label; after 8 hours of use) 170.507(d)
~
~
~
L. PESTICIDE HANDLING EQUIPMENT 170.313(f), (g) and (1) and 170.309(i) and (j)
Inspector observation ~ Based on interview ~
N/A
Yes
No
Before use, did the handler employer instruct handlers in the safe operation of
application and mixing/loading equipment and inspect and repair application and
mixing/loading equipment before each day of use? 170.313 (f) and (g)
~
~
~
Has any person employed by the agricultural establishment, who cleans, repairs, or
adjusts the pesticide equipment, been trained as a handler?
~
~
~
If any persons not employed by the agricultural establishment, clean, repair, or adjust
the pesticide equipment, are they provided the following information: that the
equipment may be contaminated; potential harmful effects of pesticide exposure;
how to limit exposure; and how to wash to remove contamination. 170.313(1)
~
~
~
M. EARLY ENTRY
Entry Restrictions 170.605
Inspector observation ~ Based on interview ~
N/A
Yes
No
Are any workers considered Early Entry Workers? If yes, complete section M. If no, skip
to section N.
~
~
~
Do all early entry workers appear to be at least 18? 170.605(a)
~
~
~
Prior to early entry, did the employer provide the following information in a manner
understandable to the workers? 170.605(b)
Location of early entry area where work is to be performed.
Pesticides applied.
Dates and time the REI begins and ends.
Which exception is the basis for early entry and tasks that may be performed.
Whether contact with treated surfaces is allowed.
Amount of time allowed in the treated area.
PPE required by the label for early entry.
Location of pesticide safety information and decontamination supplies.
~
~
~
Prior to early entry, did the employer ensure that each early entry worker has either
read the product labeling or has been informed in a manner that is understandable,
of all labeling requirements and statements related to human hazards or
precautions, first aid or user safety? 170.605(c)
~
~
~
Prior to early entry, did the employer ensure each early entry worker is provided with
the required PPE, that it is used as intended and is properly maintained? 170.605(d)
~
~
~
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N/A
Yes
No
Prior to early entry, did the employer take sufficient measures to prevent heat-related
illness and instruct each worker in the prevention, recognition and first aid treatment
of heat-related illness? 170.605(f)
~
~
~
Are decontamination supplies located outside any treated area or area under REI or
where reasonably accessible to workers conducting early entry tasks? 170.605(h)
~
~
~
Are decontamination supplies located where a worker removes personal protective
equipment? 170.605(j)
~
~
~
Are the appropriate decontamination supplies provided?
3 gallons of water for each early entry worker (at the beginning of work period and
replenished to maintain adequate supply), soap and single use towels 170.605(h)
~
~
~
Does each worker have at least one pint of water immediately available for eye-flushing
in a portable container when pesticide label requires eye protection? 170.605(i)
~
~
~
Limited Contact Exception 170.603(d)
N/A
Yes
No
If using the exception for limited contact and irrigation activities, are all the required
conditions met? Including:
Entry must not occur during first 4 hours or before inhalation or ventilation criteria met.
No hand labor activity was performed.
Time did not exceed 8 hours in 24-hour period.
A dual notice pesticide was not used.
Situation could not have been foreseen (except irrigation tasks).
Not doing the activity would result in substantial economic loss.
~
~
~
Short Term Activity Exception 170.603(b)
N/A
Yes
No
If using the short term activity exception, were all the required conditions met?
Including:
Entry did not occur during first 4 hours or before inhalation or ventilation criteria met.
No hand labor activity was performed.
Time did not exceed 1 hour in 24 hours.
~
~
~
Agricultural Emergency Exception 170.603(c)
N/A
Yes
No
If agriculture emergency exception, were all required conditions met?
Including: Situation meets criteria for agricultural emergency.
Entry did not occur during first 4 hours or before inhalation or ventilation criteria met.
If dual use pesticide was used, time did not exceed 4 hours in 24 hours.
~
~
~
N. EMERGENCY ASSISTANCE 170.309(f)
N/A
Yes
No
Has a worker or handler experienced potential pesticide exposure during or within 72
hours after employment? If so, was transportation to an emergency medical care
facility provided and information (SDS, circumstances of application and exposure)
provided to medical personnel?
~
~
~
O. ANTI-RETALIATION 170.315
Yes
No
Based on information available, no person was threatened, intimidated, coerced, discriminated
against or experienced retaliation for complying with or attempting to comply with WPS
requirements, or for providing information regarding violative behavior. Check Yes if this is
correct.
~
~
DISPOSITION OF INSPECTION
Describe or list any suspected or documented violations of the WPS identified during this inspection. Attach
documentation for all suspected violations.
Inspector Signature:
Date:
EPA
Effective Date: 1/2/2017
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Worker Protection Standard Inspection Manual
Part 2: Commercial Pesticide Handling Establishment Checklist
WORKER PROTECTION STANDARD INSPECTION WORKSHEET
DATE:
INSPECTION NUMBER
OWNER/OPERATOR
APPLICATOR
FIRM OR PREMISE NAME
Inspector Credentials Presented ~ Yes ~ No Routine Inspection ~
Notice of Inspection Provided ~ Yes ~ No For Cause Inspection ~
A. RECORDS REVIEW
Handler Training Records 170.501
Yes
No
Current handlers trained in past 12 months?
~
~
Records retained on the establishment for 2 years? (Handler name, signature, date of training,
EPA-approved materials, trainer's name, trainer's qualifications, name of handler employer)
~
~
Respirator Safety Records 170.507(b)(10)
N/A
Yes
No
Are Respirator Safety Records retained on establishment for 2 years?
~
~
~
Have handlers received medical clearance, fit testing, and training for required
respirator?
~
~
~
B. MINIMUM AGE FOR HANDLERS 170.313(c)
Yes
NO
Are all handlers at least 18 years of age?
~
~
C. WPS Pesticide Applications
Identify recent WPS pesticide applications through a record review, interview and/or visual inspection of
products in storage and record as appropriate to facilitate the inspection: product name/#, date applied, method
of application, special requirements, weather conditions during application, PPE required, REI (record on Part 4:
List of WPS Pesticide Products or separately)
D. INFORMATION EXCHANGE 170.313
N/A
Yes
No
Where applicable, does the agricultural employer give the location and description of
treated areas or REIs and restrictions in those areas where applications are or will be
made on their establishment to the commercial pesticide handler employer?
170.309(k)
~
~
~
Does the commercial pesticide handler employer provide this information about the
areas with entry restrictions to the handler who worked on the agricultural
establishment? 170.313(h)
~
~
~
Does the commercial pesticide handler employer inform the agricultural employer of:
location and description of areas to be treated, date and time of application, product
name, registration number, active ingredient, REI, requirement for oral and/or
written notification, and any other restrictions? 170.313(i)
~
~
~
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N/A
Yes
No
If there are changes to the location or description of the area to be treated, the REI, the
notification requirements, restrictions or use directions, or if the start time will be
earlier than scheduled, was updated information provided before the application? If
there were changes to any other information, was updated information provided to
the agricultural employer within 2 hours after completing the application?170.313(j)
~
~
~
E. KNOWLEDGE OF LABELING AND APPLICATION SPECIFIC INFORMATION 170.503
Yes
NO
Before a handler performed any handler activity, did the handler employer ensure the handler
read applicable portions of the label on safe use or was informed in a manner the handler
could understand?170.503(a)
~
~
Did the handler have access to the label at all times, and was the handler aware of any entry
restrictions, AEZ and REIs? 170.503(a)
~
~
F. HANDLER DECONTAMINATION AND EYEWASH SUPPLIES 170.509
Inspector observation ~ Based on interview ~
N/A
Yes
No
Are decontamination supplies located at mixing sites? 170.509(c)(1)
~
~
~
For all other handler tasks, are decontamination supplies located within 1/4 mile from
handler or nearest place of vehicular access? Are the supplies located outside a
treated area or area under a REI or in a closed container protected from pesticide
contamination? 170.509(c)
~
~
~
Are the appropriate decontamination supplies provided? including 3 gallons of water
provided for each handler (at the beginning of work period and replenished to
maintain adequate supply), soap, single use towels, and a change of clothes?
170.509(b)
~
~
~
At each mixing/loading site for products requiring eye protection or using a closed
system under pressure is there an appropriate eyewash system immediately
available to a handler? (Either a system to deliver gently running water (at a rate of
0.4 gal/min) for 15 minutes or at least 6 gallons in containers suitable for providing a
gentle eye-flush for about 15 minutes) 170.509(d)
~
~
~
Does each applicator have at least one pint of water immediately available in a portable
container when pesticide label requires eye protection? 170.509(d)
~
~
~
G. PERSONAL PROTECTIVE EQUIPMENT (PPE) 170.507(a)-(d)
Inspector observation ~ Based on interview ~
N/A
Yes
No
For pesticide products on site and/or recently applied:
Did the handlers use the clothing and PPE specified on the product labeling?170.507(a)
~
~
~
Did the handler employer provide clean, operational PPE to the handler to meet label
requirements? 170.507(b)
~
~
~
Did employer assure that handler wears and uses PPE correctly, and before each day of
use, is the PPE inspected, and repaired or discarded as appropriate? 170.507(c)
~
~
~
Is the PPE properly cleaned and thoroughly dried before storage? Is clean PPE stored
separately from personal clothing and contaminated areas? Is there a clean place for
putting on and removing PPE? 170.507(d)
~
~
~
If using particulate filtering facepiece respirators, are they replaced appropriately? (i.e.,
breathing resistance excessive; filter is damaged; according to respirator or product
label; after 8 hours of use) 170.507(d)
~
~
~
If using vapor-removing canister/cartridge respirators, are they replaced appropriately?
(based on odor, taste, irritation; breathing resistance excessive; according to
respirator or pesticide product label; after 8 hours of use)170.507(d)
~
~
~
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H. PESTICIDE HANDLING EQUIPMENT 170.313(f), (g) and (1)
Inspector observation ~ Based on interview ~
N/A
Yes
No
Before use, did the handler employer Instruct handlers in the safe operation of
application and mixing/loading equipment and inspect and repair application and
mixing/loading equipment before each day of use?
~
~
~
Has any person employed by the commercial pesticide handling establishment, who
cleans, repairs, or adjusts the pesticide equipment, been trained as a handler?
~
~
~
If persons not employed by the commercial pesticide handling establishment clean,
repair, or adjust the pesticide equipment, are they provided with the following
information: that the equipment may be contaminated; potential harmful effects of
pesticide exposure; how to limit exposure; and how to wash to remove
contamination?
~
~
~
1. APPLICATION RESTRICTIONS AND HANDLER PROTECTIONS 170.505
Inspector observation ~ Based on interview ~
N/A
Yes
No
Do all handlers observed by the inspector appear to be over 18?
~
~
~
Did the handler suspend application because someone was in the AEZ? (for enclosed
space, in area in column B in Table in 170.405(b)(4)) and was the application
continued properly?170.505(b)
~
~
~
Was each pesticide applied so that it did not contact, either directly or through drift,
anyone except appropriately trained and equipped handlers? 170.505(a)
~
~
~
If toxic "skull & crossbones" products were used, was contact made at least every 2
hours by voice, sight or another appropriate method? 170.505(c)
~
~
~
If a fumigant was applied in an enclosed space, was continuous visual or voice contact
with another handler equipped with PPE maintained? Did the handler outside the
enclosed space have immediate access to required PPE in case a rescue is required?
170.505(d)
~
~
~
J. EMERGENCY ASSISTANCE 170.313(k)
Yes
No
Has a handler experienced potential pesticide exposure during or within 72 hours after
employment? If so, was transportation to an emergency medical care facility provided and
information (SDS, circumstances of application and exposure) provided to medical
personnel?
~
~
K. ANTI-RETALIATION 170.315
Yes
No
Based on information available, no person was threatened, intimidated, coerced, discriminated
against or experienced retaliation for complying with or attempting to comply with WPS
requirements, or for providing information regarding violative behavior. Check Yes if this
statement is correct.
~
~
DISPOSITION OF INSPECTION
Describe or list any suspected or documented violations of the WPS identified during this inspection. Attach
documentation for all suspected violations.
Inspector Signature:
Date:
EPA
Effective Date: 1/2/2017
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Worker Protection Standard Inspection Manual
Part 3: Owners of Agricultural Establishments and Immediate Family Checklist
WORKER PROTECTION STANDARD INSPECTION WORKSHEET
DATE
INSPECTION NUMBER
OWNER/OPERATOR
APPLICATOR
FIRM OR PREMISE NAME
Inspector Credentials Presented ~ Yes ~ No Routine Inspection ~
Notice of Inspection Provided ~ Yes ~ No For Cause Inspection ~
A. AGRICULTURAL ESTABLISHMENT INFORMATION
Immediate Family Exemption Criteria for Workers and Handlers 170.305,170.601(a)
Are ALL the workers and handlers the owner (or majority owner) or immediate family? Exemption applies to:
Spouses, Children, Step Children, Foster Children, Sons-in-law, Daughters-in-law, Grandchildren, Parents, Step
Parents, Foster Parents, Grandparents, Fathers-in-law, Mothers-in-law, Aunts, Uncles, Brothers, Sisters, Brothers-
in-law, Sisters-in-law, Nieces, Nephews, First Cousins Yes ~ No ~
If yes, use this checklist, if no, use Part 1: Agricultural Establishment Checklist
B. APPLICATION RESTRICTIONS 170.405, 170.505
Inspector observation ~ Based on interview ~
N/A
Yes
No
For enclosed space production applications, were workers and other persons kept out
of restricted areas during the application other than appropriately trained and
equipped handlers involved in the application?
For outdoor production applications, were workers and other persons (other than
appropriately trained and equipped handlers involved with the application) kept
out of the treated area and application exclusion zone? 170.405
~
~
~
Did the handler suspend application because someone was in the AEZ? (for enclosed
space, in area in column B in Table in 170.405(b)(4)) and was the application
continued properly? 170.505(b)
~
~
~
Was each pesticide applied so that it did not contact, either directly or through drift,
anyone except appropriately trained and equipped handlers? 170.505(a)
~
~
~
C. ENTRY RESTRICTIONS AFTER APPLICATIONS 170.407
Inspector observation ~ Based on interview ~
N/A
Yes
No
After application of any pesticide to an outdoor production area, does the owner keep
workers out of the treated area before the REI has expired and all warning signs
have been removed or covered? (except for permitted early entry activities)
~
~
~
After application of any pesticide to an area of enclosed space production, does the
owner keep workers out of the area specified in 170.405(b)(4) before the REI has
expired and all warning signs have been removed or covered? (except for
permitted early entry activities) (see Part 5: Table - Entry Restrictions During
Enclosed Space Production Pesticide Applications)
~
~
~
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D. INFORMATION EXCHANGE 170.309(k), 170.313(1)
Inspector observation ~ Based on interview ~
N/A
Yes
No
If agricultural employer is employing a commercial handler to make applications:
Does the owner give to a commercial pesticide handler employer the location and
description of treated areas or REIs and restrictions in those areas where
applications are or will be made on their establishment?
~
~
~
Does the commercial pesticide handling establishment inform the owner of: location
and description of areas to be treated, date and time of application, product
name, registration number, active ingredient, REI, requirement for oral and/or
written notification, and any other restrictions?
~
~
~
E. ENTRY RESTRICTIONS 170.603 and 170.605(d)
Inspector observation ~ Based on interview ~
N/A
Yes
No
Are any workers considered Early Entry Workers? If yes,
Prior to early entry, did the employer ensure each early entry worker is provided
with the required PPE, that it is used as intended and is properly maintained?
~
~
~
Limited Contact Exception 170.603(d)
N/A
Yes
No
If using the exception for limited contact or irrigation activities, are all the required
conditions met? Including:
Entry must not occur during first 4 hours or before inhalation or ventilation
criteria met.
No hand labor activity was performed.
Time did not exceed 8 hours in 24-hour period.
A dual notice pesticide was not used.
Situation could not have been foreseen (except irrigation tasks).
Not doing the activity would result in substantial economic loss.
~
~
~
Short Term Activity Exception 170.603(b)
N/A
Yes
No
If using the short term activity exception, were all the required conditions met?
Including:
Entry did not occur during first 4 hours or before inhalation or ventilation criteria
met.
No hand labor activity was performed.
Time did not exceed 1 hour in 24 hours.
~
~
~
Agricultural Emergency Exception 170.603(c)
N/A
Yes
No
If agriculture emergency exception, were all required conditions met?
Including: Situation meets criteria for agricultural emergency.
Entry did not occur during first 4 hours or before inhalation or ventilation criteria
met.
If dual use pesticide was used, time did not exceed 4 hours in 24 hours.
~
~
~
F. PERSONAL PROTECTIVE EQUIPMENT (PPE) 170.507(a) and (b)
Inspector observation ~ Based on interview ~
N/A
Yes
No
Did the handler employer/owner provide clean, operational PPE to the handler to
meet label requirements? Did the handler use the clothing and PPE specified on
the pesticide product labeling?
~
~
~
If respirators are required and handlers are present, did handlers receive medical
clearance, fit testing and training?
~
~
~
If respirators are required, are medical clearance, fit testing and training records
maintained on the establishment for 2 years?
~
~
~
DISPOSITION OF INSPECTION
Describe or list any suspected or documented violations of the WPS identified during this inspection. Attach
documentation for all suspected violations.
Inspector Signature:
Date:
EPA
Effective Date: 1/2/2017
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Worker Protection Standard Inspection Manual
Part 4: List of WPS Pesticide Products
WPS Pesticide Products
Product Name
Product
#
Date
Applied
Method of
Application
Special Requirements/
Restrictions
Weather
Conditions
PPE
Required
REI
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Worker Protection Standard Inspection Manual
Part 5: Table Entry Restrictions During Enclosed Space Production Pesticide Applications
170.405(b)(4)
A. When a pesticide is
applied:
B. Workers and other
persons, other than
appropriately trained
and equipped handlers,
are prohibited in:
C. Until:
D. After the expiration
of time specified in
column C, the area
subject to the
restricted-entry
interval is:
(1) As a fumigant
Entire enclosed space
plus any adjacent
structure or area that
cannot be sealed off
from the treated area
The ventilation
criteria of paragraph
(b)(3)" of this
section are met
No post-application
entry restrictions
required by §170.407
after criteria in
column C are met.
(2) As a
(i) Smoke, or
(ii) Mist, or
(iii) Fog, or
(iv) As a spray using a
spray quality (droplet
spectrum) of smaller than
medium
Entire enclosed space
The ventilation
criteria of paragraph
(b)(3)" of this
section are met
Entire enclosed space.
(3) Not as in (1) or (2), and
for which a respiratory
protection device is
required for application
by the pesticide product
labeling
Entire enclosed space
The ventilation
criteria of paragraph
(b)(3)" of this
section are met
Treated area.
(4) Not as in (1), (2) or (3),
and:
(i) From a height of
greater than 12 inches
from the planting
medium, or
(ii) As a spray using a
spray quality (droplet
spectrum) of medium or
larger
Treated area plus 25
feet in all directions of
the treated area, but
not outside the
enclosed space
Application is
complete
Treated area.
5) Otherwise
Treated area
Application is
complete
Treated area.
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a When Column C of the Table under paragraph (b)(4) of this section specifies that ventilation criteria
must be met, ventilation must continue until the air concentration is measured to be equal to or less
than the inhalation exposure level required by the labeling. If no inhalation exposure level is listed on
the labeling, ventilation must continue until after one of the following conditions is met:
(i) Ten air exchanges are completed.
(ii) Two hours of ventilation using fans or other mechanical ventilating systems.
(iii) Four hours of ventilation using vents, windows, or other passive ventilation.
(iv) Eleven hours with no ventilation followed by one hour of mechanical ventilation.
(v) Eleven hours with no ventilation followed by two hours of passive ventilation.
(vi) Twenty-four hours with no ventilation.
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Worker Protection Standard Inspection Manual
APPENDIX C: OSHA REGULATIONS ON RESPIRATORS
Replacement of canisters or cartridges
The WPS regulations (§170.507(d)) refer to OSHA regulations in describing when gas- or vapor-
removing respirators must have canisters or cartridges replaced. The WPS regulations state that
canisters or cartridges must be replaced when:
There is the first indication of odor, taste, or irritation;
Maximum use time is reached as determined by a change schedule conforming to OSHA
29 CFR §1910.134(d)(3)(iii)(B)(2) (see below);
Breathing resistance is excessive;
Required by manufacturer's directions or the label; or
At the end of 8 hours of use if not earlier.
29 CFR §1910.134(d)(3)(iii)(B)(2)
If there is no end-of-service-life indicator (ESLI) appropriate for conditions in the employer's
workplace, the employer implements a change schedule for canisters and cartridges that is
based on objective information or data that will ensure that canisters and cartridges are
changed before the end of their service life. The employer shall describe in the respirator
program the information and data relied upon and the basis for the canister and cartridge
change schedule and the basis for reliance on the data.
Respirator medical evaluation, fit testing and training
The WPS regulations require a medical evaluation, fit testing and training before a handler
performs any handler activity where the respirator is required to be worn (§170.507(b)(10)(i)-
(iii)) and refer to OSHA regulations at §1910.134(e). These regulations are included below:
§1910.134(e)
Medical evaluation. Using a respirator may place a physiological burden on employees that
varies with the type of respirator worn, the job and workplace conditions in which the
respirator is used, and the medical status of the employee. Accordingly, this paragraph specifies
the minimum requirements for medical evaluation that employers must implement to
determine the employee's ability to use a respirator.
1910.134(e)(1)
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General. The employer shall provide a medical evaluation to determine the employee's ability
to use a respirator, before the employee is fit tested or required to use the respirator in the
workplace. The employer may discontinue an employee's medical evaluations when the
employee is no longer required to use a respirator.
1910.134(e)(2)
Medical evaluation procedures.
1910.134(e)(2)(i)
The employer shall identify a physician or other licensed health care professional (PLHCP) to
perform medical evaluations using a medical questionnaire or an initial medical examination
that obtains the same information as the medical questionnaire.
1910.134(e)(2)(ii)
The medical evaluation shall obtain the information requested by the questionnaire in Sections
1 and 2, Part A of Appendix C of this section.
1910.134(e)(3)
Follow-up medical examination.
1910.134(e)(3)(i)
The employer shall ensure that a follow-up medical examination is provided for an employee
who gives a positive response to any question among questions 1 through 8 in Section 2, Part A
of Appendix C or whose initial medical examination demonstrates the need for a follow-up
medical examination.
1910.134(e)(3)(ii)
The follow-up medical examination shall include any medical tests, consultations, or diagnostic
procedures that the PLHCP deems necessary to make a final determination.
1910.134(e)(4)
Administration of the medical questionnaire and examinations.
1910.134(e)(4)(i)
The medical questionnaire and examinations shall be administered confidentially during the
employee's normal working hours or at a time and place convenient to the employee. The
medical questionnaire shall be administered in a manner that ensures that the employee
understands its content.
1910.134(e)(4)(ii)
The employer shall provide the employee with an opportunity to discuss the questionnaire and
examination results with the PLHCP.
1910.134(e)(5)
Supplemental information for the PLHCP.
1910.134(e)(5)(i)
The following information must be provided to the PLHCP before the PLHCP makes a
recommendation concerning an employee's ability to use a respirator:
1910.134(e)(5)(i)(A)
(A) The type and weight of the respirator to be used by the employee;
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1910.134(e)(5)(i)(B)
The duration and frequency of respirator use (including use for rescue and escape);
1910.134(e)(5)(i)(C)
The expected physical work effort;
1910.134(e)(5)(i)(D)
Additional protective clothing and equipment to be worn; and
1910.134(e)(5)(i)(E)
Temperature and humidity extremes that may be encountered.
1910.134(e)(5)(ii)
Any supplemental information provided previously to the PLHCP regarding an employee need
not be provided for a subsequent medical evaluation if the information and the PLHCP remain
the same.
1910.134(e)(5)(iii)
The employer shall provide the PLHCP with a copy of the written respiratory protection
program and a copy of this section.
Note to Paragraph (e)(5)(iii): When the employer replaces a PLHCP, the employer must ensure
that the new PLHCP obtains this information, either by providing the documents directly to the
PLHCP or having the documents transferred from the former PLHCP to the new PLHCP.
However, OSHA does not expect employers to have employees medically reevaluated solely
because a new PLHCP has been selected.
1910.134(e)(6)
Medical determination. In determining the employee's ability to use a respirator, the employer
shall:
1910.134(e)(6)(i)
Obtain a written recommendation regarding the employee's ability to use the respirator from
the PLHCP. The recommendation shall provide only the following information:
1910.134(e)(6)(i)(A)
Any limitations on respirator use related to the medical condition of the employee, or relating
to the workplace conditions in which the respirator will be used, including whether or not the
employee is medically able to use the respirator;
1910.134(e)(6)(i)(B)
The need, if any, for follow-up medical evaluations; and
1910.134(e)(6)(i)(C)
A statement that the PLHCP has provided the employee with a copy of the PLHCP's written
recommendation.
1910.134(e)(6)(ii)
If the respirator is a negative pressure respirator and the PLHCP finds a medical condition that
may place the employee's health at increased risk if the respirator is used, the employer shall
provide a PAPR if the PLHCP's medical evaluation finds that the employee can use such a
respirator; if a subsequent medical evaluation finds that the employee is medically able to use a
negative pressure respirator, then the employer is no longer required to provide a PAPR.
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1910.134(e)(7)
Additional medical evaluations. At a minimum, the employer shall provide additional medical
evaluations that comply with the requirements of this section if:
1910.134(e)(7)(i)
An employee reports medical signs or symptoms that are related to ability to use a respirator;
1910.134(e)(7)(ii)
A PLHCP, supervisor, or the respirator program administrator informs the employer that an
employee needs to be reevaluated;
1910.134(e)(7)(iii)
Information from the respiratory protection program, including observations made during fit
testing and program evaluation, indicates a need for employee reevaluation; or
1910.134(e)(7)(iv)
A change occurs in workplace conditions (e.g., physical work effort, protective clothing,
temperature) that may result in a substantial increase in the physiological burden placed on an
employee.
1910.134(f)
Fit testing. This paragraph requires that, before an employee may be required to use any
respirator with a negative or positive pressure tight-fitting facepiece, the employee must be fit
tested with the same make, model, style, and size of respirator that will be used. This
paragraph specifies the kinds of fit tests allowed, the procedures for conducting them, and how
the results of the fit tests must be used.
1910.134(f)(1)
The employer shall ensure that employees using a tight-fitting facepiece respirator pass an
appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) as stated in this paragraph.
1910.134(f)(2)
The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit
tested prior to initial use of the respirator, whenever a different respirator facepiece (size, style,
model or make) is used, and at least annually thereafter.
1910.134(f)(3)
The employer shall conduct an additional fit test whenever the employee reports, or the
employer, PLHCP, supervisor, or program administrator makes visual observations of, changes
in the employee's physical condition that could affect respirator fit. Such conditions include, but
are not limited to, facial scarring, dental changes, cosmetic surgery, or an obvious change in
body weight.
1910.134(f)(4)
If after passing a QLFT or QNFT, the employee subsequently notifies the employer, program
administrator, supervisor, or PLHCP that the fit of the respirator is unacceptable, the employee
shall be given a reasonable opportunity to select a different respirator facepiece and to be
retested.
1910.134(f)(5)
The fit test shall be administered using an OSHA-accepted QLFT or QNFT protocol. The OSHA-
accepted QLFT and QNFT protocols and procedures are contained in Appendix A of this section.
1910.134(f)(6)
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QLFT may only be used to fit test negative pressure air-purifying respirators that must achieve a
fit factor of 100 or less.
1910.134(f)(7)
If the fit factor, as determined through an OSHA-accepted QNFT protocol, is equal to or greater
than 100 for tight-fitting half facepieces, or equal to or greater than 500 for tight-fitting full
facepieces, the QNFT has been passed with that respirator.
1910.134(f)(8)
Fit testing of tight-fitting atmosphere-supplying respirators and tight-fitting powered air-
purifying respirators shall be accomplished by performing quantitative or qualitative fit testing
in the negative pressure mode, regardless of the mode of operation (negative or positive
pressure) that is used for respiratory protection.
1910.134(f)(8)(i)
Qualitative fit testing of these respirators shall be accomplished by temporarily converting the
respirator user's actual facepiece into a negative pressure respirator with appropriate filters, or
by using an identical negative pressure air-purifying respirator facepiece with the same sealing
surfaces as a surrogate for the atmosphere-supplying or powered air-purifying respirator
facepiece.
1910.134(f)(8)(ii)
Quantitative fit testing of these respirators shall be accomplished by modifying the facepiece to
allow sampling inside the facepiece in the breathing zone of the user, midway between the
nose and mouth. This requirement shall be accomplished by installing a permanent sampling
probe onto a surrogate facepiece, or by using a sampling adapter designed to temporarily
provide a means of sampling air from inside the facepiece.
1910.134(f)(8)(iii)
Any modifications to the respirator facepiece for fit testing shall be completely removed, and
the facepiece restored to NIOSH-approved configuration, before that facepiece can be used in
the workplace.
1910.134(g)
Use of respirators. This paragraph requires employers to establish and implement procedures
for the proper use of respirators. These requirements include prohibiting conditions that may
result in facepiece seal leakage, preventing employees from removing respirators in hazardous
environments, taking actions to ensure continued effective respirator operation throughout the
work shift, and establishing procedures for the use of respirators in IDLH atmospheres or in
interior structural firefighting situations.
1910.134(g)(1)
Facepiece seal protection.
1910.134(g)(l)(i)
The employer shall not permit respirators with tight-fitting facepieces to be worn by employees
who have:
1910.134(g)(l)(i)(A)
Facial hair that comes between the sealing surface of the facepiece and the face or that
interferes with valve function; or
1910.134(g)(l)(i)(B)
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Any condition that interferes with the face-to-facepiece seal or valve function.
1910.134(g)(l)(ii)
If an employee wears corrective glasses or goggles or other personal protective equipment, the
employer shall ensure that such equipment is worn in a manner that does not interfere with
the seal of the facepiece to the face of the user.
1910.134(g)(l)(iii)
For all tight-fitting respirators, the employer shall ensure that employees perform a user seal
check each time they put on the respirator using the procedures in Appendix B-l or procedures
recommended by the respirator manufacturer that the employer demonstrates are as effective
as those in Appendix B-l of this section.
1910.134(g)(2)
Continuing respirator effectiveness.
1910.134(g)(2)(i)
Appropriate surveillance shall be maintained of work area conditions and degree of employee
exposure or stress. When there is a change in work area conditions or degree of employee
exposure or stress that may affect respirator effectiveness, the employer shall reevaluate the
continued effectiveness of the respirator.
1910.134(g)(2)(ii)
The employer shall ensure that employees leave the respirator use area:
1910.134(g)(2)(ii)(A)
To wash their faces and respirator facepieces as necessary to prevent eye or skin irritation
associated with respirator use; or
1910.134(g)(2)(ii)(B)
If they detect vapor or gas breakthrough, changes in breathing resistance, or leakage of the
facepiece; or
1910.134(g)(2)(ii)(C)
To replace the respirator or the filter, cartridge, or canister elements.
1910.134(g)(2)(iii)
If the employee detects vapor or gas breakthrough, changes in breathing resistance, or leakage
of the facepiece, the employer must replace or repair the respirator before allowing the
employee to return to the work area.
Training Requirements
1910.134(k)
Training and information. This paragraph requires the employer to provide effective training to
employees who are required to use respirators. The training must be comprehensive,
understandable, and recur annually, and more often if necessary. This paragraph also requires
the employer to provide the basic information on respirators in Appendix D of this section to
employees who wear respirators when not required by this section or by the employer to do so.
1910.134(k)(l)
The employer shall ensure that each employee can demonstrate knowledge of at least the
following:
1910.134(k)(l)(i)
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Why the respirator is necessary and how improper fit, usage, or maintenance can compromise
the protective effect of the respirator;
1910.134(k)(l)(ii)
What the limitations and capabilities of the respirator are;
1910.134(k)(l)(iii)
How to use the respirator effectively in emergency situations, including situations in which the
respirator malfunctions;
1910.134(k)(l)(iv)
How to inspect, put on and remove, use, and check the seals of the respirator;
1910.134(k)(l)(v)
What the procedures are for maintenance and storage of the respirator;
1910.134(k)(l)(vi)
How to recognize medical signs and symptoms that may limit or prevent the effective use of
respirators; and
1910.134(k)(l)(vii)
The general requirements of this section.
1910.134(k)(2)
The training shall be conducted in a manner that is understandable to the employee.
1910.134(k)(3)
The employer shall provide the training prior to requiring the employee to use a respirator in
the workplace.
1910.134(k)(4)
An employer who is able to demonstrate that a new employee has received training within the
last 12 months that addresses the elements specified in paragraph (k)(l)(i) through (vii) is not
required to repeat such training provided that, as required by paragraph (k)(l), the employee
can demonstrate knowledge of those element(s). Previous training not repeated initially by the
employer must be provided no later than 12 months from the date of the previous training.
1910.134(k)(5)
Retraining shall be administered annually, and when the following situations occur:
1910.134(k)(5)(i)
Changes in the workplace or the type of respirator render previous training obsolete;
1910.134(k)(5)(ii)
Inadequacies in the employee's knowledge or use of the respirator indicate that the employee
has not retained the requisite understanding or skill; or
1910.134(k)(5)(iii)
Any other situation arises in which retraining appears necessary to ensure safe respirator use.
1910.134(k)(6)
The basic advisory information on respirators, as presented in Appendix D of this section, shall
be provided by the employer in any written or oral format, to employees who wear respirators
when such use is not required by this section or by the employer.
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Worker Protection Standard Inspection Manual
APPENDIX D: TABLE ENTRY RESTRICTIONS DURING
ENCLOSED SPACE PRODUCTION PESTICIDE APPLICATIONS
170.405(B)(4)
A. When a pesticide is
applied:
B. Workers and other
persons, other than
appropriately trained
and equipped
handlers, are
prohibited in:
C. Until:
D. After the
expiration of time
specified in column
C, the area subject
to the restricted-
entry interval is:
(1) As a fumigant
Entire enclosed space
plus any adjacent
structure or area that
cannot be sealed off
from the treated area
The ventilation
criteria of
paragraph (b)(3)0
of this section are
met
No post-application
entry restrictions
required by
§170.407 after
criteria in column C
are met.
(2) As a
(i) Smoke, or
(ii) Mist, or
(iii) Fog, or
(iv) As a spray using a
spray quality (droplet
spectrum) of smaller
than medium
Entire enclosed space
The ventilation
criteria of
paragraph (b)(3)0
of this section are
met
Entire enclosed
space.
(3) Not as in (1) or (2),
and for which a
respiratory protection
device is required for
application by the
pesticide product
labeling
Entire enclosed space
The ventilation
criteria of
paragraph (b)(3)0
of this section are
met
Treated area.
(4) Not as in (1), (2) or
(3), and:
(i) From a height of
greater than 12 inches
from the planting
medium, or
Treated area plus 25
feet in all directions of
the treated area, but
not outside the
enclosed space
Application is
complete
Treated area.
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(ii) As a spray using a
spray quality (droplet
spectrum) of medium
or larger
5) Otherwise
Treated area
Application is
complete
Treated area.
a When Column C of the Table under paragraph (b)(4) of this section specifies that ventilation
criteria must be met, ventilation must continue until the air concentration is measured to be equal
to or less than the inhalation exposure level required by the labeling. If no inhalation exposure
level is listed on the labeling, ventilation must continue until after one of the following
conditions is met:
(vii) Ten air exchanges are completed.
(viii) Two hours of ventilation using fans or other mechanical ventilating systems.
(ix) Four hours of ventilation using vents, windows, or other passive ventilation.
(x) Eleven hours with no ventilation followed by one hour of mechanical ventilation.
(xi) Eleven hours with no ventilation followed by two hours of passive ventilation.
(xii) Twenty-four hours with no ventilation.
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APPENDIX E: WPS APPLICATION ZONE REQUIREMENTS
QUESTION AND ANSWER FACT SHEET
U.S. Environmental Protection Agency
Question and Answer Fact Sheet
Worker Protection Standard (WPS)
Application Exclusion Zone (AEZ) Requirements
Q: What is the "Application Exclusion Zone" or AEZ?
A: The "Application Exclusion Zone" or AEZ is a new term used in the WPS rule and refers to the
area surrounding the pesticide application equipment that must be free of all persons other than
appropriately trained and equipped handlers during pesticide applications.
Q: How is the AEZ measured and the size of the AEZ determined?
aez '
Treated area (green)
The AEZ is the purple area around the application equipment.
It moves with the application equipment as it proceeds. The
AEZ is generally within the treated area, except when the
application equipment is near the edges of the freated area.
A: The AEZ is measured from the application equipment The AEZ also moves with the application
equipment like a halo around the application equipment.
The size of an AEZ varies depending on the type of application and other factors, including droplet
size, and height of nozzles above the planting medium. The AEZ is 100 feet for aerial, air blast,
fumigant, smoke, mist and fog applications, as well as spray applications using very fine or fine
droplet sizes (a volume median droplet diameter (VMD) size of less than 294 microns). An AEZ of
25 feet is required when the pesticide is sprayed using droplet sizes of medium or larger and from
more than 12 inches above the plant medium. An application that does not fall into one of these
categories does not require an AEZ.
Q: I am confused as to whether the new WPS requirements related to the AEZ apply to the
agricultural employer or the handler making the application. Please clarify.
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A: There are several different requirements regarding the AEZ in the revised WPS. First, the WPS
provision at 170.405(a)(1) establishes the applicable AEZ distances. This is a generic description of
the AEZ and is independent of the location (on or off the establishment).
Second, the WPS provision at 170.405(a)(2) establishes a requirement for the agricultural
employer to not allow any workers or other persons in the AEZ within the boundaries of the
establishment until the application is complete. Compliance is required with this requirement
beginning January 2, 2017.
A: There are several different requirements regarding the AEZ in the revised WPS. First, the WPS
provision at 170.405(a)(1) establishes the applicable AEZ distances. This is a generic description of
the AEZ and is independent of the location (on or off the establishment).
Second, the WPS provision at 170.405(a)(2) establishes a requirement for the agricultural
employer to not allow any workers or other persons in the AEZ within the boundaries of the
establishment until the application is complete. Compliance is required with this requirement
beginning January 2, 2017.
Third, the provision at 170.505(b) establishes a requirement for the handler to suspend the
application if any workers or other persons are anywhere in the AEZ. This requirement is NOT
limited to the boundaries of the establishment This applies to any area on or off the establishment
within the AEZ while the application is ongoing. Please note that this is one of the WPS provisions
that is delayed in implementation until January 2, 2018, to allow time for the handlers to receive
training on the new requirement.
The requirement for the agricultural employer to keep persons out of the AEZ only applies within
the boundaries of the establishment because the agricultural employer cannot be expected to
control persons off the establishment The "suspend application" provision does apply beyond the
boundaries of the establishment because the handler (applicator) and handler employer DO have
control over the pesticide application and are subject to a WPS requirement to apply the pesticide
in a way that will not contact workers or other persons on or off the establishment.
Q: What are the agricultural employer's responsibilities related to the pesticide applications
and the new AEZ requirements, and when does this requirement go into effect?
A: The agricultural employer has two responsibilities related to the pesticide applications and the
new AEZ requirements:
During any WPS-covered pesticide application, the agricultural employer must keep
workers and all other persons (other than appropriately trained and equipped handlers
involved in the application) out of the treated area and the AEZ within the boundary of the
agricultural establishment This includes people occupying migrant labor camps or other
housing or buildings that are located on the agricultural establishment.
The agricultural employer may not allow a pesticide to be applied while any worker or
other person on the establishment is in the treated area or within the AEZ.
(Note that if the agricultural employer is also the handler making the pesticide application, he or
she must suspend a pesticide application if any worker or other person is within the AEZ beyond
the boundary of the agricultural establishment) The requirements related to the AEZ will go into
effect January 2, 2017.
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Q: Does the agricultural employer have WPS responsibilities related to the new AEZ
requirements if workers or other persons are off his/her establishment?
A: The AEZ requirement at §170.405(a) imposes no responsibilities on an agricultural employer in
regard to workers or other persons who are not on the agricultural establishment as long as the
agricultural employer is not the pesticide applicator. If the agricultural employer is also the handler
making the pesticide application, then §170.505 would require him/her to suspend a pesticide
application if any worker or other person is within the AEZ beyond the boundary of the agricultural
establishment
Q: What are the applicator's/pesticide handler's responsibilities related to the pesticide
applications and the new AEZ requirements, and when does this requirement go into effect?
A: Starting January 2, 2018, the handler performing the application must immediately suspend the
pesticide application if any worker or other person, other than an appropriately trained and
equipped handler involved in the application, is in the AEZ, regardless of whether such persons are
on or off the establishment.
Q: Why is the implementation date for the handler's requirement to suspend a pesticide
application if workers or other persons are in the AEZ delayed until January 2, 2018?
A: The implementation date for this requirement is delayed until January 2, 2018, to allow time for
pesticide handlers to receive training on the new requirement
Q: As noted above, the pesticide handler performing the application must immediately
suspend the pesticide application if any worker or other person, other than an appropriately
trained and equipped handler involved in the application, is in the AEZ, regardless of
whether such persons are on or off the establishment. When and under what circumstances
can a handler resume a pesticide application?
A: If the AEZ stretches beyond the property of the agricultural establishment being treated, and a
worker or other person is in this portion of the AEZ, the applicator must temporarily suspend the
application, and may not proceed until the applicator can ensure that the pesticide will not contact
any persons that are in the AEZ area that extends beyond the boundary of the establishment This is
explained in more detail in EPA's Interpretive Policy below.
The agricultural employer may not allow a pesticide to be applied, or a suspended application to be
resumed, while any worker or other person on the establishment is in the treated area or within the
AEZ. Note that both the handler employer and the handler are required to ensure that no workers
or other persons, other than appropriately trained and equipped handlers involved in the
application, are ever contacted by a pesticide, either directly or through drift, regardless of whether
such persons are on or off the establishment or beyond the boundary of the AEZ.
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Interpretive Policy on when a handler may resume a suspended
application when a person is in the AEZ
Q: The final WPS rule contains a provision at 170.505(b) that says: After January 2, 2018, the
handler performing the application must immediately suspend a pesticide application if any worker
or other person, other than an appropriately trained and equipped handler involved in the
application, is in the application exclusion zone (AEZ) described in § 170.405(a)(1) or the area
specified in column B of the Table in § 170.405(b)(4). We understand this requirement for the
handler to suspend the application if workers or other persons are in the AEZ applies even when
the workers or other persons are not on the agricultural establishment However, the rule does not
state when the handler may resume a pesticide application if the application was suspended
because workers or other persons were in the AEZ but off the establishment property. In this
situation, the employer does not have WPS responsibility to keep those other persons out of the
AEZ, but also does not have control over those other persons and cannot make them move. Please
clarify when the handler may resume the application.
A: If workers or other persons are within the AEZ, the handler must suspend the application
whether the workers and other persons are located on or off the agricultural establishment. Before
resuming the application when workers and other persons are in the AEZ but located off the
establishment, the handler must take measures to ensure that such workers and other persons will
not be contacted by the pesticide application either directly or through drift Examples of such
measures include assessing the wind and other weather conditions to confirm they will prevent
workers or other persons from being contacted by the pesticide either directly or through drift;
adjusting the application method or employing drift reduction measures in such a way to ensure
that resuming the application will not result in workers or other persons off the establishment
being contacted by the pesticide; asking the workers or other persons to move out of the AEZ until
the application is complete; or adjusting the treated area or the path of the application equipment
away from the workers or other persons so they would not be in the AEZ. The handler may resume
the pesticide application when a worker or other person is in the AEZ only if the handler can ensure
that it can be carried out in compliance with all of the pesticide's applicable labeling requirements
and restrictions, and that workers and other persons on and off the establishment will not be
contacted by the pesticide as a result of the application except as may be permitted by the
pesticide's labeling. It is important to note that this answer only applies in regard to workers and
other persons beyond the boundaries of the establishment; if a handler were to resume an
application while workers or other persons on the establishment are still within the AEZ, that
would give rise to a violation of § 170.405.
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APPENDIX F: ADDITIONAL RESOURCES
1. Title VI of Civil Rights Act of 1964 at: https://www.epa.gov/civilrights/t6facts.htm
2. EPA's Title VI - Policies, Guidance, Settlements, Laws and Regulations:
https://www.epa.gov/ocr/epas-title-vi-policies-guidance-settlements-laws-and-
regulations
3. Limited English Proficiency federal home page at: https://www.lep.gov/
4. Pesticides Educational Resources Collaborative: http://www.pesticideresources.org/
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