{ The Updated WPS: What’s New and What to Expect

What is the Worker Protection Standard? A federal regulation to promote safe pesticide handling and application by: –eliminating or reducing pesticide exposure –minimizing damage if exposure occurs –informing employees about pesticide hazards 40 CFR (Code of Federal Regulations) Part 170

 In 1974, EPA created the first “ag. worker protection” rules 40CFR Part 170.  EPA reviewed in 1983, concluded inadequate to protect workers.  1992 The Agricultural Worker Protection Standard was finalized History:  Revised Worker Protection Standard announced in September 2015 September 2015  Final Rule In U.S. Federal Register November 2015 November 2015 Photo: Helen D. Gunderson,

4 Criteria for WPS to apply:  Pesticide Label has “Ag Use Box”  Application made for the production of a commodity/ Ag plant  (new definition of Ag plant).  Site meets new definition of Agricultural Establishment.  Handlers or Workers on site w/in 30 days of end of Restricted Entry Interval (REI) (immediate family exemption). All four must be true.

Changed Definitions OLD: Agricultural establishment means any farm, forest, nursery, or greenhouse NEW: 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.

OLD: Agricultural plant means any plant grown or maintained for commercial or research purposes and includes, but is not limited to, food, feed, and fiber plants; trees; turfgrass; flowers, shrubs; ornamentals; and seedlings. NEW: 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 and foliage plants and trees; seedlings and transplants; and turf grass produced for sod. Agricultural plant does not include pasture or rangeland used for grazing.

The WPS protects employees on farms, forests, nurseries, and greenhouses from occupational exposure to agricultural pesticides and covers two types of employees :  Pesticide handlers: those who mix, load, or apply agricultural pesticides; clean or repair pesticide application equipment; or assist with the application of pesticides.  Agricultural workers: those who perform tasks related to growing and harvesting plants on farms or in greenhouses, nurseries, or forests. Who is covered by the WPS?

Expanded Definition of Immediate Family  Old: Includes: Spouses, Children, including stepchildren, and foster children, Parents, including stepparents, and foster parents, Brothers and Sisters.  New: All above plus all in-laws, grandparents, aunts, uncles, nieces, nephews and first cousins. Immediate Family Exemption

Requirements Owners Must Comply with: Application Restrictions  Must make sure not to expose people to pesticides, directly or thru drift, including you and your family members  Keep people, including you and family, out of the area being treated, with the exception of properly trained and equipped handlers

Requirements Owners Must Comply with, con’t.: Handling Task Restrictions  Use the PPE on the label for the task being performed REI Restrictions  Wait at least 4 hours before entering application site and inhalation/ventilation restrictions complete  Wear PPE required for early entry tasks  Follow any other restrictions on the label for early entry tasks

Owner & Immediate Family Exemptions Owners are not required to provide themselves or their immediate family members with the following protections Central posting Pesticide Safety Training Decontamination supplies Emergency Assistance Notice about applications Monitoring of handlers Specific handling instructions Equipment safety New Age Restriction Duties of PPE care and management of PPE use Early entry duties: Training and instruction Decontamination supplies Duties of PPE care and management of PPE use

New Minimum Age for Handlers and Early Entry Workers Old:  No Age Limit New:  Handlers and Early Entry workers must be at least 18 years old (immediate family exemption) Early Entry Workers are folks that go into applications sites before the end of the Restricted Entry Interval (REI) is over to do short term task that do not involve hand labor, such as moving irrigation, or moving and maintaining beehives, or repairing non-application field equipment.

Training Requirements Changes:  NEW No Grace period; Workers must be trained before they work in an area where a pesticide has been used or an REI has been in effect in the past 30 days.  NEW Training must be done annually.  NEW Recordkeeping of Training must be kept for 2 years.  Trainer Qualifications: Must be Certified Applicator, Fed. or State-Approved Trainer, or persons having completed a EPA or State-Approved Train the Trainer Course.  Expanded content:  Training on new content not required until  MDA will have new materials as soon as they become available.

Use the existing materials. Need Some?  I’ve got tons!!! For 2016 Annual Training:

Employer Information Exchange  Commercial Handler’s Employer is responsible to provide application information to the Ag. Establishment Owner  Notify of changes before application starts or with in 2 hours of end of application.  The Owner of the Ag. Establishment must provide the Commercial Handler or their employer with information:  Location and description of areas on the establishment that may be treated with a pesticide or under an REI while the applicator is present and that the applicator may be in or walking within ¼ mile of.  Restrictions on entering those areas.

Notification of Treated Areas The owner of the ag. establishment must make sure that workers are notified about areas where pesticide applications are taking place or where restricted-entry intervals (REIs) are in effect. Same Sign as before.  Check your label!  Some labels require both oral notification and posting at entrances to the treated area.  Requirement will be found in the Ag. Use Box  Specific requirements for posting signs  NEW REI of 48 hours outdoors or 4 hours in enclosed spaces – Physical posting required.

 Provide prompt transportation to a medical facility.  NEW Provide SDS to treating medical personnel.  Provide product information and circumstances of exposure to treating medical personnel. Emergency Assistance

 Respirators – NEW  Comply OSHA standards if respirator required by label.  Medical Evaluation, Training, Fit Testing  Records of above must be kept by employer.  PPE Exception for Crop Advisors and their Employees  Standard set of PPE (specified) or PPE required for Early Entry Work.  Some conditions…..  Exceptions to label-required PPE for closed systems allowed; NEW Standards for closed systems. Handlers must be trained to use.  PPE Exception from Eyewear for Pilots in open cockpit  NEW Helmet with lower face shield allowed Personal Protective Equipment (PPE)

Central Posting  Specific Pesticide Application Information  Location & description of area of application  Product name, active ingredient, EPA reg. #  Time and Date of application  REI  NEW SDS sheets  NEW Must Keep Application Information and SDS for 2 years from end of REI  NEW Must make available to workers, handlers, designated representatives, or treating medical personnel upon request.  Display EXPANDED specific Pesticide Safety Information  (new – “replaces” poster)  Display Name, address, phone # of nearby operating medical care facility  NEW State or Tribal Regulating Agency Information  Display Name, Address, and Phone # New Content for display not required until Jan

Basic Pesticide Safety Info.  NEW Must also be provided at sites where decontamination supplies are provided.  If supplies are provided at permanent site or  If at a location with 11 or more workers or handlers.  Same information as at Central Posting.

Decontamination Supplies Basically, supplies for washing off pesticides or pesticide residues, provided to workers and handlers:  Water: 1 gallon per Worker; 3 gallons per Handler and Early Entry Workers measured at the beginning of work period.  Soap and single use towels  For Handlers: change of clothes  Eye Wash: 1 pint of water in portable container for each handler if eye protection is needed.  NEW Eye Wash requirements more stringent  6 gallons able to flow gently for about 15 minutes at mix/load site if handlers use products requiring eye protection or pressurized closed system

The majority of the rule revisions will be effective on January 2,  This will give farmers and states time to adjust to the new requirements, as well as time for EPA and states to develop updated materials for training and other purposes. New Training Standards and New Pesticide Safety information required by January 1, When Will These Changes Take Place?

M.D.A. will be doing lots of outreach this year and in future. Hopeful we will have new materials this summer? We’ll be in touch! PANIC?!?

District 2 Field Office Theresa Schrum  (406)  (406)  Want More Info NOW? Need additional OLD materials? Please see my table! Existing WPS Materials Private Applicator Record Keeping Books (Blue Book) Information on MDA Programs Stewardship Materials

Questions? Thank You!