How to Comply with the 2015 Revised Worker Protection Standard for Agricultural Pesticides: What Owners and Employers Need to Know This presentation was developed from the “how to comply” manual released in November 2016 by the United States Environmental Protection Agency (EPA) and the Pesticide Educational Resources Collaborative (PERC). The manual was written to help agricultural owners and employers comply with new rules for the Worker Protection Standard developed in 2015.

Gene Merkl, Program Manager Pesticide Safety Education Program, MSU Extension gm53@msstate.edu 662-325-5829 Lois Connington, Extension Associate Pesticide Safety Education Program, MSU Extension lois.connington@msstate.edu 662-325-0795 This presentation was produced by Mississippi State University Extension Service’s Pesticide Safety Education Program.

How does the WPS apply to me? What are the rules I need to follow? What you need to know as an agricultural establishment owner or producer: Does the WPS apply to me? How does the WPS apply to me? What are the rules I need to follow? For producers of agricultural commodities, there are basically 3 questions to answer to determine compliance. [read slide]

The WPS may apply to you if you are: the owner or person responsible for management of an agricultural establishment that employs workers or handlers the owner of a family-owned agricultural establishment where you and your immediate family members are the only people who work on the establishment the owner or a person responsible for the management of a commercial (for-hire) pesticide handling establishment a pesticide handler a crop advisor Knowing your relationship to those working in your establishment and the responsibilities regarding their positions is key to understanding your level of compliance. [read slide]

Does the WPS apply to me? As an owner or person responsible for management of an agricultural establishment that employs workers or handlers Yes, in all key points As an owner of a family-owned agricultural establishment where you and your immediate family members are the only people who work on the establishment Yes, but with significant exemptions Once your relationship is understood, then it simply becomes a yes or no question as to compliance requirements. [read slide]

Does the WPS apply to me? As an owner or person responsible for management of a commercial (for-hire) pesticide handling establishment Yes, in all key points As a pesticide handler Yes, as it pertains to your obligation to complete training, to do what the label directs in regular work performance, and to report suspected use violations (Cont.) [read slide]

Does the WPS apply to me? As a crop advisor Yes, if tasks are done during an application or under an REI – as a handler, but with certain exemptions Yes, if tasks are done post REI but within 30 days – as a worker, but with certain exemptions As an agricultural worker Yes, as it pertains to your obligation to complete safety training and to report suspected use violations (Cont.) [read slide]

Goals of the Revised WPS Improve occupational protections for agricultural workers and handlers Reduce acute occupational pesticide exposures and incidents Reorganize and streamline rules to improve compliance Address concerns raised through years of stakeholder engagement through EPA’s Federal Advisory Committee, the national assessment process, and in meetings with regulatory partners The primary goals of the 2015 revisions to the Worker Protection Standard are: [read slide]

What’s new? Annual safety training Recordkeeping of safety training Keep records for 2 years post training Expanded content in safety training Pending EPA creation and publishing All outdoor treated areas with REI >48 hours must be posted What are the Worker Protection Standard’s new rules? [read slide]

What’s new? Certain oral notifications required for early- entry workers Annual respirator fit test and training, medical evaluation For all handlers, mixers/loaders, applicators when required on pesticide label(s) (Cont.) [read slide]

Key Changes in the Revised Standard Grace period for safety training has been eliminated Certified applicators of RUPs (private and commercial) can train workers and handlers Minimum age for handlers and early-entry workers: 18 years Application exclusion zone (AEZ) introduced Eyewash and clean-up water in specified amounts for handlers at all mix/load sites What are the key changes in the revised Standard? [read slide]

Key Changes in the Revised Standard Hazard communication = application information + safety data sheet (SDS) Central location retained for hazard communication Immediate family: extended to include aunts, uncles, nephews, nieces, and first cousins Designated representative identified in writing; other requirements Equivalency option for states and tribes (Cont.) [read slide]

Focusing on the Details Pesticide Safety Training Notification Hazard Communication Pesticide Safety Information Minimum Age Requirements Respirators Exceptions to PPE Requirements Application Exclusion Zones (AEZ) Decontamination Supplies Emergency Assistance We will discuss in more detail these specific parts of the revised Worker Protection Standard: [read slide]

Pesticide Safety Training Pesticide safety training every year Expanded training content [delayed until January 2018] Require recordkeeping of training for 2 years Provide worker or handler a copy upon request No “grace period” for training All certified applicators of RUPs can train workers or handlers Train-the-trainer programs must be approved by EPA This training is not the same as Private Applicator Training! [read slide] Visit the PERC website (pesticideresources.org) for training materials, including the newly released National Worker Protection Standard: A manual for trainers of agricultural workers and handlers.

Notification on Site Posting is required for: all outdoor treated areas when REI is greater than 48 hours enclosed space production (for example, greenhouses) when REI is greater than 4 hours Early-entry workers must be provided PPE and oral notification of: information about the pesticide application specific task to be performed amount of time that the worker is allowed to remain in the treated area the PPE required by the label No recordkeeping is required for information provided to early-entry workers in this requirement. [read slide]

Hazard Communication Hazard information = the application- specific information + the SDS(s) Post the hazard information at central display for 30 days after REI expires and retain for 2 years Access available from display period through retention to: employee (oral or written request) treating medical personnel and persons working under their supervision (oral or written request) designated representative (written request only) [read slide]

Pesticide Safety Information Safety information displayed at central location and certain decontamination sites (where 11 or more workers are at sites other than the central location) Additional information required on display (delayed until January 2018) [read slide]

Minimum Age for Handlers and Early-Entry Workers Requires a minimum age of 18 years for pesticide handlers and early-entry workers (entering during REI) Members of owner’s immediate family are exempt from this requirement [read slide] We will discuss more later about exemptions for family-owned agricultural establishments.

Respirators Adopts by reference a subset of OSHA’s standard for respirators (including filtering facepieces) Medical evaluation Annual fit test Annual respirator training The respiratory protection requirements in the revised Worker Protection Standard are intended to afford agricultural handlers with protections aligned with OSHA requirements for workers in other industries. Under the revised WPS, handlers who will need to wear a respirator, as stated on the pesticide labeling, must receive medical clearance to wear a respirator, be fit tested annually to ensure that the mask fits properly, and receive annual training in the use and importance of wearing a respirator.

Respirator Medical Clearance and Fit Test—Overview Handlers must: receive medical clearance to wear a respirator BEFORE being fit tested be clean shaven in order to be fit tested bring the mask they usually wear including any cartridges, canisters, or filters bring any PPE that might affect the fit of the mask (for example, goggles) bring the written medical clearance [read slide]

Respirator Medical Clearance and Fit Test—Overview Employers must: identify providers of medical clearance and fit testing pay for the clearance and all related tests or office visits, as well as the fit test keep records of the medical clearance and the fit testing (including make, model, and size of the respirator to be purchased) [read slide] It is important to note that the employer can also stop the process at any time and assign the worker to another task that does not require the wearing of a respirator. Resources available on the MSU Extension website offer more detail on the medical clearance and fit test procedures.

Medical Clearance—Online The following charts (available from MSU Extension) introduce options for agricultural owners and operators who have employees that will require respirator medical clearance and fit testing services. The vendors are a representative sample of providers of these services and their inclusion does not imply endorsement by MSU Extension. Each of the vendors here offers online medical clearance services (and some offer mail-in service). The employer can set up an account, indicate the number of clearances needed, and give the sign-in information to employees who need to fill out the questionnaire. If the completed questionnaire (also known as the OSHA long form) raises no red flags, the employee (and sometimes the employer) will receive notice that the medical clearance has been granted. If a doctor determines that additional testing is needed, the employee will be told what further procedures are needed (for example, a pulmonary function test or chest x-ray). Once the employee can provide the vendor with written documentation of the satisfactory completion of additional testing, the employee is medically cleared to wear a respirator and can be fit tested. The last two vendors also sell safety products, including fit testing kits, as well as provide resources on fit testing and safety.

Fit Test and Medical Clearance—On Site Each of the providers here will offer on-site fit test events if enough people are precleared and prescheduled, bringing the equipment and staff necessary to perform fit tests. They need a room (approximately 10 feet x 12 feet) with electrical outlets to work from or they may bring a mobile unit (often more expensive). Some charge a flat fee per day, testing as many people as they can (usually 40 to 60 people, depending on additional testing that may be needed). Others will divide their expenses by the number of people prescheduled in order to determine the cost per person for the event. Several providers will bring samples of various respirator brands, models, and sizes to choose from in order to find the best fit for each person. If the vendor does not provide these, the employer should be prepared to do so. In any case, the employee should bring the mask they usually wear so the technician will know what type they need to have fitted. Remember, employees must be medically cleared BEFORE being fit tested.

Fit Test and Medical Clearance—Walk-in Listed here are providers that operate walk-in clinics that offer medical clearance and respirator fit testing services. The clinics suggest making an appointment to reduce the wait time.

How do I know if I need to wear a respirator for the chemicals I use? READ THE LABEL (sample labels at kellysolutions.com/MS) All information needed to comply with the WPS can be found on the product labeling Refer especially to the Personal Protective Equipment (PPE) section Covers respirator use requirements for all procedures when using the product (for example, mixing, applying), which may be done by several individuals Engineering control statements will list any modifications in PPE, including respirator use, when using enclosed cabs or closed mixing/loading systems, or when making aerial applications [read slide] ALWAYS refer to the label on the product package (and any supplementary labeling materials from the manufacturer) to make sure you have all of the respirator components you will need for the application. Handlers who will be working with products that require a respirator must be cleared and fit tested BEFORE donning a respirator.

Insecticides Requiring Respirators Here are some examples of insecticides used on agronomic crops that require the wearing of respirators—and some that do not. This information came from the product labels. Copies of this chart in full (with sections on pesticides commonly used on commercial turf, agronomic crops, vegetable crops, nursery shrubs, and in greenhouses) are available from MSU Extension. While this chart can be helpful in determining which products require respirators, remember that labels can change and different formulations of the same active ingredient can have different respirator requirements. Visit kellysolutions.com/MS to see the most up-to-date version of the product label.

Exceptions to PPE Requirements For closed mixing/loading systems, modified PPE is allowed as noted on the pesticide label IF: the system is sufficiently tight to protect handlers from exposure during its normal operation legible written instructions for the system are accessible to handlers at the mix/load site handlers are trained to use the system according to those written instructions the system is cleaned and maintained per the written instructions all PPE on the label is immediately available to the handler in case of emergency protective eyewear is worn if the system operates under pressure In the next few slides, we’ll discuss exceptions to personal protective equipment requirements. [read slide]

Exceptions to PPE Requirements For enclosed cabs: Maintain same exception for dermal PPE Handlers in enclosed cabs must wear respirators identified on label, except for particulate filtering facepiece respirator (also called a dust/mist filtering respirator) Currently there are NO enclosed cab products available that are warranted by manufacturers for other than requirements for particulate filtering facepiece respirators. [read slide] This means that ANY other type of respirator required by the pesticide label MUST be worn inside the enclosed cab.

Exceptions to PPE Requirements For crop advisors entering a treated area during an REI: certified crop advisors may determine the appropriate PPE for themselves only noncertified crop advisors may wear the least restrictive of the following (at least 4 hours after outdoor application ends): early-entry PPE handler PPE ‘universal PPE’ (coveralls, shoes plus socks, gloves made of any waterproof material, and [if required by the label] eye protection) [read slide]

Application Exclusion Zones in Outdoor Production Establishes application exclusion zones (AEZ) based on distance from the application equipment for farms and forests; also applies in nurseries Agricultural employers must keep workers and other persons out of the AEZs that are WITHIN the boundary of the establishment owner’s property Handler must temporarily suspend application if persons are in the AEZ (delayed until January 2018) Requirement to suspend application is NOT limited by the boundary of the establishment owner’s property The next few slides deal with a new term in pesticide application known as the application exclusion zone, or AEZ. This new rule establishes an exclusion zone during application around the application equipment and is intended to provide more flexible limitations on application equipment when workers are in proximity to application sites, without sacrificing worker safety. [read slide]

Application Exclusion Zones in Outdoor Production The application exclusion zone (AEZ) is in purple. It moves with the applicator and ceases to exist when the application is finished. Aerial/air blast or mist applications—100 ft. minimum required from spray equipment Ground applications—25 ft. minimum required from spray equipment, IF applied from greater than 12” above planting medium, with spray quality of medium or greater [read slide] For ground applications, there is no AEZ if the material is applied less than 12” above the planting medium.

Decontamination Supplies Provide 1 gallon of water for each worker and 3 gallons for each handler and each early- entry worker, measured at the beginning of the work period If handler is using a product that requires eye protection, eye-flush water must be immediately available at each mix/load site for handler eye flushing If applicator is using a product that requires eye protection, one pint of water must be immediately available to each applicator While previous WPS rules have required decontamination water in mix/load areas, the revised standard requires that specific quantities are provided depending upon the type of employee and/or product labeling. Agricultural employers must: [read slide]

Emergency Assistance Agricultural owner/employer must provide: “prompt” transportation for exposed employees the SDS and specific information about each product, as well as the circumstances of the application and exposure, to treating medical personnel While emergency assistance has always been a component of the WPS, the word prompt has been added and emphasized for transportation to treatment facilities. The requirement to provide safety data sheets to treating medical personnel has also been added. The employer must also provide the circumstances of the application and the exposure to aid in treatment.

Definitions Added definitions to rule for the following terms: application exclusion zone, closed system, commercial pesticide handler employer, designated representative, employ, enclosed cab, enclosed space production, labor contractor, outdoor production, personal protective equipment, safety data sheet, use, worker housing area Revised the following key definitions: agricultural establishment, agricultural plant, handler, immediate family, worker Here are some newly added or revised definitions that we’ve touched upon in this presentation. Most notably we’ll discuss the definitions of “employ” and “immediate family.”

Definitions 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. 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. [read slide]

Definitions Immediate family is limited to: spouse grandparents parents (including step and foster) grandchildren brothers and sisters father- and mother-in- law brothers- and sisters-in- law children (including step and foster) aunts and uncles nieces and nephews sons- and daughters-in- law first cousins [read slide] First cousin means the child of a parent’s sibling, in other words, the child of an aunt or uncle.

Definitions Owner is defined as ‘any person who has a present possessory interest (for example, fee, leasehold, rental or other) in an agricultural establishment.’ Another important definition that we need to discuss is owner. [read slide]

WPS Compliance by Owners of Agricultural Establishments While eligible for some exemptions, note that: no agricultural establishments that use WPS- labeled pesticides are completely exempt from WPS requirements owners/agricultural employers must provide full WPS protections for workers and handlers who are not in the owners’ immediate families owners and their immediate family members that qualify for the exemption must comply with some of the WPS requirements How will the revised WPS affect owners of agricultural establishments and members of their immediate families? [read slide]

Who Qualifies for the Exemption? The exemption applies only to the owners and their immediate family members on any agricultural establishment where a majority of the establishment is owned by one or more members of the same immediate family. ‘Majority of the establishment’ means that more than 50% of the equity in the establishment is owned by one or more members of the same immediate family. If the remaining portion of ownership of that establishment is owned by members of another immediate family, the owner/immediate family exemption applies to both families and their immediate family members. Over 520,000 agricultural establishments will be largely unaffected by most of the provisions, as farm owners and their immediate family members are exempt from SOME of the requirements of the revised Standard. To qualify for the exemption, the following criteria must be met. [read slide] Note that there is NO immediate family exemption for owners of commercial pesticide handling establishments.

What Is Covered Under the Exemption?* Agricultural establishment owners and their immediate family members do NOT have to follow: Minimum age requirement for handlers and early-entry workers Training requirements and recordkeeping for workers and handlers Maintaining decontamination sites and supplies Oral and posted notification of worker entry restrictions Keeping records of pesticide application and hazard information required by WPS (does not include recordkeeping required for other purposes) Providing emergency assistance *See the How to Comply manual for the FULL list of exemptions. This is only a PARTIAL list of WPS exemptions for agricultural establishment owners and their immediate family. For a full listing, see the How to Comply manual, Appendix C. Remember, workers and handlers who are not immediate family members must be accorded the full protection of the WPS and are NOT included in these exemptions. [read slide]

What Is NOT Covered Under the Exemption? Agricultural establishment owners and their immediate family members MUST: follow WPS requirements for training, medical clearance, fit testing, and recordkeeping when respirators are required ensure that any WPS-labeled pesticide applied is used in a manner consistent with the product’s labeling ensure that product is applied so it does not contact anyone, and temporarily suspend application* if anyone is in the AEZ or enclosed space (*delayed until Jan. 2, 2018) use the PPE and other work attire listed on pesticide labeling keep everyone away from treated area and AEZ during application [read slide] Here, ‘anyone’ and ‘everyone’ includes members of the owner’s immediate family.

Pesticide Uses NOT Covered by WPS For mosquito abatement or similar wide-area public pest control programs sponsored by governmental entities For cooperative programs in which the growers themselves make or arrange for pesticide applications On livestock or other animals, or in or about animal premises On plants grown for other than commercial or research purposes, which may include plants in habitations, home fruit and vegetable gardens, and home greenhouses The following are some examples of pesticide use operations/situations for which the WPS does not apply. [read slide]

Pesticide Uses NOT Covered by WPS On plants that are in ornamental gardens, parks, and public or private lawns and grounds that are intended only for aesthetic purposes or climatic modification By injection directly into agricultural plants. Direct injection does not include "hack and squirt," "frill and spray," chemigation, soil-incorporation, or soil-injection. In a manner not directly related to the production of agricultural plants, such as structural pest control, control of vegetation along rights-of-way and in other non-crop areas, and pasture and rangeland use Hay production is a WPS use (including as feed for your own animals). (cont.) [read slide] Note that hay incidentally harvested from rights of way is NOT a WPS use.

Pesticide Uses NOT Covered by WPS For control of vertebrate pests not related to production of the agricultural crop As attractants or repellents in traps On the harvested portions of agricultural plants or on harvested timber For research uses of unregistered pesticides (cont.) [read slide]

Timeline New WPS rules went into effect January 1, 2016 Implementation should be underway now Compliance required by January 2, 2017 Additional training requirements/materials released no earlier than January 2, 2018 MSU Extension will begin to distribute new educational materials as soon as we have access to them. While the revised Standard went into effect in January 2016, compliance is required only after January 1, 2017. WPS penalties and fines can be levied for noncompliance. [read slide]

Resources This presentation provided an overview of the WPS revisions. To be fully compliant with the law, see: How to Comply with the 2015 Revised Worker Protection Standard: What Owners and Employers Need to Know http://extension.msstate.edu/publications/miscellaneous/h ow-comply-the-2015-revised-worker-protection-standard- for-agricultural (publication M2166) Pesticide Educational Resources Collaborative (for sample forms, fact sheets, training resources) http://pesticideresources.org/wps/inventory.html MSU Extension Pesticide Applicator Certification page http://extension.msstate.edu/agriculture/pesticide- applicator-certification Visit these resources for more information about the 2015 revised Worker Protection Standard.

Gene Merkl, Program Manager Pesticide Safety Education Program Biochemistry, Molecular Biology, Entomology, and Plant Pathology 100 Old Highway 12 | P.O. Box 9775 Mississippi State, MS 39762 gm53@msstate.edu 662-325-5829