1. Worker Protection Standard Overview Webinar for WPS PREP, WPS PIRT & PREP Compliance & Enforcement Attendees April 28, 2016

2. Agenda WPS 101 Relationship between WPS & OSHA regs WPS framework Background and basics Revised WPS General: Changes to rule structure, implementation dates Scope and Applicability: Including exceptions to applicability

3. Agenda Revised WPS (continued) Definitions Inform: Training, establishment-specific info, knowledge of labeling Mitigate: Decontamination supplies, emergency assistance Protect: Minimum age, PPE requirements Exemptions & exceptions: Exemptions, PPE exceptions, early entry exemptions

4. Agenda Topics we will not cover on this webinar Application exclusion zone / protections during applications Respirator medical evaluation, fit test and training Hazard communication – Pesticide safety poster – Notification – Display pesticide safety info & safety data sheets, designated representative – Information exchange

5. Questions Email questions to prep.sla@wsu.edu Subject line of email: WPS webinar question Identify which course you are attending – WPS PIRT – Compliance and Enforcement PREP – WPS Implementation PREP If possible, note the WPS subject area Submit question(s)

6. WPS 101 Relationship between WPS & OSHA regulations WPS framework Background and basics

7. Relationship Between WPS and OSHA Regulations

8. Why OSHA Equivalency Matters Under its statutory authority, OSHA promulgated a Hazard Communication Standard (HCS) (29 CFR 1910.1200) to protect employees from general chemical hazards in the workplace OSHA also establishes industry, chemical, and process-specific standards to address workplace hazards that warrant additional regulatory measures to ensure employees’ occupational safety and health

9. Why OSHA Equivalency Matters OSHA’s HCS covers all industries in which an employee may be exposed to a chemical hazard in the workplace - except as limited by section 4(b)(1) of the Occupational Safety and Health Act, which prohibits OSHA from regulating working conditions or hazards where other federal agencies exercise statutory authority to prescribe or to enforce standards for occupational safety and health

10. EPA and OSHA Roles EPA has stated the intended reach of the WPS is limited to occupational safety for pesticides and OSHA is not preempted from regulating any non-pesticide chemical or other workplace hazards in agriculture OSHA established a policy not to cite employers covered under the WPS for pesticide-related HCS standards. The policy defers to EPA’s regulatory authorities for protection of handlers and workers on establishments covered by the WPS, as well as pesticide labeling and use and certification of pesticide applicators EPA and OSHA agreed OSHA’s Field Sanitation Standard addresses general sanitary standards, while EPA’s WPS decontamination requirements are specific to pesticide hazards so no preemption issues exists

11. WPS 101: Background and WPS Basics

12. WPS Framework Inform Protect Mitigate

13. WPS Framework Inform – Training – Pesticide safety information – Notification – Information exchange

14. WPS Framework Protect – Restricted entry intervals (REIs) – Personal protective equipment (PPE) – Application exclusion zones (AEZs) – Suspend applications

15. WPS Framework Mitigate – Routine decontamination supplies – Emergency eyewash – Emergency assistance

16. WPS 101: Background and Basics Relationship Between Pesticide Labeling & WPS – WPS requirements incorporated onto labeling by WPS reference statement contained in the “Agricultural Use Requirements” box

17. WPS 101: Background and Basics Relationship Between Pesticide Labeling & WPS The labeling has product-specific requirements to protect workers and handlers WPS has instructions on how to implement the requirements WPS requirements are too lengthy to place on every label, e.g., requirements for pesticide safety training, hazard communication, posting/notification, decontamination, and emergency assistance Pesticide Labeling Length of the restricted entry interval (REI) What PPE must be worn WPS How to notify workers about the REI (oral or field posting) Providing, maintaining, and ensuring proper fit of PPE

18. WPS 101: Background and Basics Relationship Between Pesticide Labeling & WPS – 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 this part is referenced on a label, users must comply with all of its requirements, except those that are inconsistent with product-specific instructions on the pesticide product labeling

19. WPS 101: Background and Basics Relationship Between Pesticide Labeling & WPS – Part 156 Subpart K - Worker Protection Statements establishes WPS labeling requirements – Product specific labeling requirements (handler PPE, REIs, early entry PPE, etc.) have been established through OPP’s risk assessment process in combination with EPA’s Label Review Manual (LRM)

20. WPS 101: Background and Basics KEY POINT: There are no changes to Part 156 Subpart K, Worker Protection Statements – No label changes needed to implement new WPS revisions – No change in scope of products covered by the rule – only agricultural use pesticides (for crop uses) covered – Current WPS labeling requirements remain the same – WPS compliance monitoring focus should be on ag use inspections for WPS use requirements rather than marketplace or producer establishment inspections

21. Revised WPS – Part 1 General – Changes to rule structure – Implementation dates Scope and applicability – Including exceptions to applicability Definitions

22. Changes to WPS Rule Structure (40 CFR 170)

23. Current WPS Rule Structure Description Citation Subpart A: General Provisions 170.1-170.9 Scope & purpose; definitions; compliance dates; general duties & prohibited actions; violations Subpart B: Standard for Workers 170.102-170.160 Applicability, exceptions & exemptions; restrictions during & after application; notification; training; post pesticide safety & pesticide application info; decontamination; emergency assistance Subpart C: Standard for Handlers 170.202-170.260 Applicability, exceptions & exemptions; restrictions during application; info exchange; training; knowledge of labeling & site-specific info; post pesticide safety info; PPE; decontamination; emergency assistance

24. Revised WPS Rule Structure Description Citation Subpart D: General Provisions 170.301-170.317 Scope & purpose; applicability; definitions; employer duties (including emergency assistance); display pesticide safety, application & hazard info; prohibited actions; violations Subpart E: Requirements to Protect Workers 170.401-170.411 Training; establishment-specific info; restrictions during & after application; notification; decontamination Subpart F: Requirements to Protect Handlers 170.501-170.509 Training; knowledge of labeling & establishment-specific info; requirements during applications; PPE; decontamination & eye flushing supplies Subpart G: Exemptions, Exceptions & Equivalency 170.601-170.609 Exemptions; early-entry exceptions; exceptions to PPE; equivalency requests

25. Implementation Dates

26. Implementation Dates: 2017 170.2 Implementation and expiration dates. (a) Implementation date. Beginning January 2, 2017, the requirements of §170.301 through §170.609 of this part shall apply to any pesticide product that bears the statement ‘‘Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR part 170’’. (b) Expiration date. Sections 170.1 through 170.260 of this part shall expire on, and will no longer be effective after January 2, 2017.

27. Implementation Dates: 2018 Sections 170.311(a)(3), 170.401(c)(3), 170.501(c)(3), and 170.505(b): – The implementation date for these provisions is delayed until January 2, 2018 – The implementation date for ALL other WPS requirements is January 2, 2017 Requirements in listed sections: – Revised content of pesticide safety information – New content for worker & handler training – Handler must suspend application if worker or other person is in application exclusion zone

28. Scope and Applicability

29. WPS 101: Scope and Applicability Who is responsible for providing WPS protections? – Agricultural employers on crop-producing agricultural establishments – Commercial pesticide handling establishment employers Who is protected? – Workers – people employed to perform work activities related to production of agricultural plants – Pesticide handlers – people employed to mix, load or apply pesticides for use on agricultural establishments in the production of agricultural plants – Other persons during pesticide applications

30. WPS 101: Scope and Applicability Scope: Who is covered? – Approximately 890,000 agricultural establishments (farms, forests, nurseries) – Approximately 45,000 commercial pesticide handling establishments (CPHEs) No expansion of WPS scope with revisions – No significant changes to excepted uses (i.e., livestock-related uses, post-harvest uses, lawn and ornamental uses, etc.)

31. WPS 101: Scope and Applicability Key Provision – 170.303(a): This regulation applies whenever a pesticide product bearing a label requiring compliance with this part is used in the production of agricultural plants on an agricultural establishment, except as provided in paragraphs (b) and (c) of this section.

32. WPS 101: Scope and Applicability Keys to WPS applicability: – Use of a WPS-labeled pesticide product on an “agricultural establishment” directly related to the production of an “agricultural plant” – Employment of workers or handlers – Definitions of “agricultural establishment,” “agricultural plant,” and “employ” are important definitions to establishing the scope of rule

33. WPS Exceptions to Applicability 170.303(b) The WPS does not apply on agricultural establishments when pesticides are used as follows: – As part of government-sponsored public pest control programs over which the owner, agricultural employer and handler employer have no control (e.g., mosquito abatement and Mediterranean fruit fly eradication programs) – On plants other than agricultural plants, which may include plants in home fruit and vegetable gardens and home greenhouses, and permanent plantings for ornamental purposes, such as plants that are in ornamental gardens, parks, public or private landscaping, lawns or other grounds that are intended only for aesthetic purposes – For control of vertebrate pests, unless directly related to the production of an agricultural plant

34. WPS Exceptions to Applicability 170.303(b) The WPS does not apply on agricultural establishments when pesticides are used as follows: – As attractants or repellents in traps – On the harvested portions of agricultural plants or on harvested timber – For research uses of unregistered pesticides – On pasture and rangeland where the forage will not be harvested for hay – In a manner not directly related to the production of agricultural plants, including, but not limited to livestock pest control, structural pest control and control of vegetation in non-crop areas

35. WPS Exceptions to Applicability Key Provision – 170.303(c): Where a pesticide’s labeling-specific directions for use or other labeling requirements are inconsistent with requirements of the WPS, users must comply with the pesticide product labeling, except as provided for in exemptions and exceptions listed in sections 170.601, 170.603 and 170.607 of the WPS.

36. Definitions

37. Definitions (170.305) 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 and worker housing area Revised the following key definitions: – Agricultural establishment, agricultural plant, handler, immediate family and worker Deleted the following definitions: – Commercial production (proposed), entry-restricted area (proposed), farm, forest, forest operation (proposed), greenhouse and nursery

38. Definitions (170.305) Key Definitions / Revisions – Agricultural establishment and agricultural plant – Application exclusion zone – Commercial pesticide handler employer – Designated representative – Employ – Enclosed space production and outdoor production – Immediate family – Safety data sheet – Use, as in “to use a pesticide”

39. Definitions (170.305) Agricultural establishment – 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.

40. Definitions (170.305) Agricultural plant – 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.

41. Definitions (170.305) Application exclusion zone – 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.

42. Definitions (170.305) Commercial pesticide handler employer – 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.

43. Definitions (170.305) Designated representative – 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) in accordance with § 170.311(b) of this part.

44. Definitions (170.305) Employ – 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 selfemployed 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.

45. Definitions (170.305) Enclosed space production – 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.

46. Definitions (170.305) Outdoor production – 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.

47. Definitions (170.305) Immediate family – Immediate family is limited to the spouse, parents, stepparents, foster parents, father ‐ in ‐ law, mother ‐ inlaw, children, stepchildren, foster children, sons ‐ inlaw, 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.

48. Definitions (170.305) Safety data sheet (SDS) – Safety data sheet has the same meaning as the definition at 29 CFR 1900.1200(c). – OSHA definition: Safety data sheet (SDS) means written or printed material concerning a hazardous chemical that is prepared in accordance with paragraph (g) of this section.

49. Definitions (170.305) Use, as in “to use a pesticide” – 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 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.

50. Definitions (170.305) Preamble, XVIII. General Revisions, C. Definitions, 8. Use (p 67551) – EPA interprets ‘‘arranging for application of the pesticide’’ as used in § 170.9(a) and § 170.305 as a means of assuring that the entities (generally the agricultural employer or handler employer) with the most authority and control over WPS compliance would be legally responsible for WPS compliance. EPA does not interpret ‘‘arranging for application of the pesticide’’ as making subordinate persons who merely perform the clerical functions of arranging for application of the pesticide liable for WPS compliance.

51. Questions Email questions to prep.sla@wsu.edu Subject line of email: WPS webinar question Identify which course you are attending – WPS PIRT – Compliance and Enforcement PREP – WPS Implementation PREP If possible, note the WPS subject area Submit question(s)

52. Revised WPS – Part 2 Inform workers & handlers – Training; establishment-specific info; knowledge of labeling & applications Mitigate exposures – Decontamination supplies including eyewash; emergency assistance Protect workers & handlers – Minimum age, PPE requirements

53. WPS Framework Inform – Training – Establishment-specific info – Pesticide safety information – Notification – Information exchange

54. WPS Training Requirements

55. Training Interval and Grace Period Workers 170.401(a) and Handlers 170.501(a) Key Changes – Annual training for workers and handlers – No grace period Implementation timing – January 2017 all new training requirements will be fully enforceable – EXCEPT new content. – January 2018 new content required.

56. Trainer Qualifications for workers 170.401(c)4 and handlers 170.501(c)4 Trainers of workers or handlers must either: – be certified as an applicator of RUPs, or – have completed an EPA-approved pesticide safety train-the-trainer program for handlers or workers, or – be designated as a qualified trainer by EPA or the agency responsible for pesticide enforcement. Certified applicator or handler designation also qualifies them to train workers. If only training workers, trainer only needs worker designation.

57. Trainer Qualifications for workers 170.401(c)4 and handlers 170.501(c)4 Key changes Handlers are no longer qualified to provide training to workers. Train-the-trainer courses must be EPAapproved. Completion of any EPA approved TTT course qualifies a person to train in any jurisdiction, unless explicitly prohibited.

58. Training Methods for workers 170.401(c)(1) and handlers 170.501(c)(1) Key additions – Location must be reasonably free from distraction and conducive to training. -- Qualified trainer must be present during the entire training program -- Training materials must be EPA approved. All new training requirements will be fully enforceable January 2017 – EXCEPT new content.

59. Verification of Training for workers 170.401(d) and Handlers170.501(d) Key changes: – Employers must keep training records for 2 years. – Record must include: handler/workers printed name and signature. date of the training. what EPA-approved training materials were used. name and qualifications of trainer. employer’s name. – Must provide a copy of records to inspectors or workers/handlers upon request. – Voluntary training verification card system removed.

60. Content of Training Kept existing content and expanded – Worker training has 23 items – Handler training has 36 items – Training on new content required 2 years from date of final rule January 2018

61. Content of Worker Training 170.401(c)(3)i-xxiii Key additions – How to report suspected violations to lead agency. – More detail on existing topics, such as decontamination. – More detail on hazards from pesticide residue on clothing and how to avoid exposure. – Potential hazards to children and pregnant women from pesticide exposure. – Meaning of the Safety Data Sheets. – Specific information about protections from retaliation.

62. Content of Worker Training 170.401(c)(3)i-xxiii Other key additions – Training must include responsibility of their employers to: provide specific information to workers before directing them to perform early-entry activities. ensure workers are at least 18 years old to do early-entry work. display safety data sheets for all WPS labeled pesticides used on the establishment. provide workers and handlers information about the location of the safety data sheets on the establishment. inform workers that they may designate in writing a representative to request application and hazard information.

63. Content of Handler Training 170.501(c)(3)i-xiv Key additions – All content in worker training, plus: – Handlers must be at least 18 years old. – How to recognize, prevent, and provide first aid for heat related illness. – Handlers must suspend a pesticide application if anyone is in the application exclusion zone 170.505(b) All training content and related provisions required 2 years from date of final rule January 2018

64. Content of Handler Training 170.501(c)(2)(3) Other key additions – Training must include responsibility of the employer to: provide, clean, maintain, store, and ensure proper use of all required PPE; provide decontamination supplies; provide specific information about pesticide use and labeling information. ensure handlers have received respirator fit-testing, training and a medical evaluation if they are required to wear a respirator by the product labeling. post treated areas as required by this rule.

65. Establishment-Specific Information and Knowledge of Labeling & Application- Specific Information

66. Establishment-Specific Information for Workers (170.403) Before any worker performs any activity in a treated area on an agricultural establishment, the agricultural employer must ensure that the worker has been informed of, in a manner the worker can understand, all of the following establishment-specific information: The location of pesticide safety information The location of pesticide application and hazard information The location of decontamination supplies

67. Establishment-Specific Information for Handlers (170.503(b)) Before any handler performs any handler activity on an agricultural establishment, the agricultural employer must ensure that the handler has been informed of, in a manner the handler can understand, all of the following establishment specific information: The location of pesticide safety information The location of pesticide application and hazard information The location of decontamination supplies

68. Knowledge of Labeling 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 applicable to the safe use of the pesticide – the handler has access to the applicable product labeling at all times during handler activities – the handler is aware of requirements for any entry restrictions, application exclusion zones and restricted-entry intervals that may apply based on the handler’s activity

69. WPS Framework Mitigate – Routine decontamination supplies – Emergency eyewash – Emergency assistance

70. Decontamination Routine decontamination supplies Emergency eye-flush Natural waters

71. Routine Decontamination Supplies Current WPS Employers must provide “sufficient amount of water so that the workers/handlers may wash thoroughly” Revised WPS: 170.411, 170.509, 170.605(h) Provide 1 gallon of water for each worker and 3 gallons for each handler and each early entry workers measured at the beginning of the work period

72. Emergency Eye-Flush Current WPS If handler is using a product that requires eye protection, one pint of water must be immediately available to each handler Revised WPS: 170.509(d) If handler is using a product that requires eye protection or using closed system under pressure, 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

73. Emergency Eye-Flush One system per mix/load site (not based on number of handlers) Immediately available to handler Eye-flush must be: – System capable of delivering gently running water at 0.4 gal/min for at least 15 min OR – At least 6 gallons of water in containers suitable for providing a gentle eye-flush for about 15 min

74. Natural Waters EPA eliminated provisions addressing use of natural waters The existing WPS provisions never allowed substitution of natural waters for decontamination supplies Revised rule does not prohibit use of natural waters for emergency decontamination

76. Emergency Assistance

77. Current WPS Employers must provide “prompt” transportation to an emergency medical facility for workers or handlers who may have been exposed to pesticides Upon request, employers must provide certain information, if available, to the exposed person or medical personnel Revised WPS: 170.309(f), 170.313(k) Retain “prompt” for provision of transportation Require employers to provide for each product the SDS and specific information about the product, as well as the circumstances of the application and exposure, to treating medical personnel

78. WPS Framework Protect – Minimum age – Personal protective equipment (PPE) – Restricted entry intervals (REIs) – Application exclusion zones (AEZs) – Suspend applications

79. Minimum Age

80. Minimum Age Requirements The final rule establishes a minimum age of 18 for handlers and early entry workers Minimum age provisions are found at: – 170.309(c): Ag employer duties – 170.313(c): Commercial pesticide handler duties – 170.605(a): Ag employer responsibilities to protect early-entry workers

81. WPS PPE Requirements (170.507) General Chemical resistant PPE Contaminated PPE Respirator medical evaluation, fit testing, training & recordkeeping

82. WPS PPE Requirements (170.507) Key Provision – 170.507(a): (a) Handler responsibilities. 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 of this part.

83. WPS PPE Requirements (170.507) Key Provision – 170.507(b): (b) Employer responsibilities for providing personal protective equipment. The handler employer must provide to the handler the personal protective equipment required by the pesticide product labeling in accordance with this section. The handler employer must ensure that the personal protective equipment is clean and in proper operating condition. For the purposes of this section, long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, and socks are not considered personal protective equipment, although such work clothing must be worn if required by the pesticide product labeling.

84. General PPE Requirements (170.507) No significant changes to general PPE requirements from existing WPS No significant changes to PPE descriptions contained in rule Existing WPS provisions for employer responsibilities for providing, maintaining, caring for and cleaning PPE are the same

85. Chemical Resistant PPE Requirements 170.507(b)(1) EPA currently defines “chemical resistant” PPE as PPE made of a material that allows no measurable movement of the pesticide through the material during use EPA proposed to define “chemical resistant” PPE as PPE defined by its manufacturer as chemical resistant

86. Chemical Resistant PPE Requirements (170.507(b)(1)) In the final rule the existing definition for “chemical resistant” PPE is unchanged EPA plans to initiate an internal review process to address issues related to concerns with labeling requirements for chemical resistant PPE

87. Contaminated PPE Requirements 170.507(d)(2) Existing WPS requires employers to ensure PPE is cleaned before each day of reuse If the article cannot be properly cleaned, the employer must dispose of it in accordance with applicable Federal, State, and local regulations

88. Questions Email questions to prep.sla@wsu.edu Subject line of email: WPS webinar question Identify which course you are attending – WPS PIRT – Compliance and Enforcement PREP – WPS Implementation PREP If possible, note the WPS subject area Submit question(s)

89. Revised WPS – Part 3 Exemptions and Exceptions Exemptions – Owner & immediate family; certified crop advisor PPE Exceptions – Closed systems; enclosed cab; aerial applicators; crop advisors Early-entry exceptions – Minimum age, PPE requirements

90. Exemptions Owner and immediate family Certified crop advisor

91. Exemptions (170.601) Owner and immediate family exemption (170.601(a)) – Key changes: Establishments covered – Majority ownership versus wholly owned – More establishments qualify due to expanded “immediate family” definition Immediate family members covered – More establishments qualify due to expanded “immediate family” definition Provisions covered by the exemption

92. Owner and Immediate Family Exemption 170.601(a) Key provision – 170.601(a)(2): 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. Key points about exemption: – There is no exemption for “family farms” – The “agricultural establishment” is NOT exempt – Exemption only covers the owner and immediate family members – Owners and immediate family must still comply with some WPS provisions and all labeling requirements

93. Owner and Immediate Family Exemption 170.601(a) Owner(s) are not required to provide the following WPS protections to themselves or members of their immediate family: 170.309(c). 170.501. 170.309(f) through (j). 170.503. 170.311. 170.505(c) and (d). 170.401. 170.605(a) through (c) and 170.403. (e) through (j). 170.409. 170.411 and 170.509.

94. Owner and Immediate Family Exemption 170.601(a) Owners and immediate family must still comply with the following WPS requirements: – When respirators are required on the pesticide labeling, following WPS requirements for training, medical evaluation, fit testing, and recordkeeping(170.507(b)(10)) – Providing and using the PPE and other work attire listed on pesticide labeling; but they are eligible for the allowable exceptions to PPE, such as for using a closed system (170.507(a), 170.507(b) and 170.607

95. Owner and Immediate Family Exemption 170.601(a) Owners and immediate family must still comply with the following WPS requirements: – Keeping immediate family members out of the treated area until the restricted-entry interval (REI) expires (170.407) – Ensuring the pesticide is applied so it does not contact anyone, including members of the immediate family (requirement on label and in WPS)(170.505(a))

96. Owner and Immediate Family Exemption 170.601(a) Owners and immediate family must still comply with the following WPS requirements: – Keeping everyone, including members of the immediate family, out of the application exclusion zone during the application (170.405) – Ensuring that any pesticide applied is used in a manner consistent with the product’s labeling(170.309(a))

97. Exemptions (170.601) Certified crop advisor exemption (170.601(b)) – Key changes: Only certified crop advisors themselves are covered by exemption Employees under their direct supervision are no longer covered by the exemption and must wear required PPE when entering treated areas during the REI and be provided decontamination and emergency assistance

98. WPS Exceptions to Label-Required PPE General Closed systems Enclosed cabs Aerial applicators Crop advisors

99. WPS Exceptions to Label-Required PPE (170.607) Body protection (170.607(a)) Boots (170.607(b)) Gloves (170.607(c)) Closed systems (170.607(d)) Enclosed cabs (170.607(e)) Aerial applications (170.607(f)) Crop Advisors (170.607(g))

100. Closed Systems (170.607(d))

101. The existing WPS permits exceptions to the label-specified PPE when using a closed system for certain pesticide handling activities EPA proposed to establish specific design criteria and operating standards for closed systems based on California's existing standards

102. Closed Systems (170.607(d)) Final rule requirements for closed systems: – The handler employer must ensure that written operating instructions for the closed system are available, the handler receives training on use of the closed system, and the system is maintained according to the written instructions – The final rule retains the existing requirement that label-required PPE must be immediately available for use in an emergency, and handlers must wear protective eyewear for closed systems that operate under pressure

103. Closed Systems (170.607(d)) 160.607(d)(2)(ii) [p. 67572]: This exception applies when loading intact, sealed, water soluble packaging into a mixing tank or system. If the integrity of a water soluble packaging is compromised (for example, if the packaging is dissolved, broken, punctured, torn, or in any way allows its contents to escape), it is no longer a closed system and the labeling-specified personal protective equipment must be worn.

104. Enclosed cabs (170.607(e)) The existing WPS permits exceptions to the labeling-specified PPE when handling tasks are performed from inside an enclosed cab EPA proposed to eliminate the requirement for any labeling-specified respiratory protection PPE when applying pesticides from inside an enclosed cab

105. Enclosed cabs (170.607(e)) Final rule requirements for enclosed cabs: – Handlers in enclosed cabs may substitute a long-sleeved shirt, long pants, shoes and socks for the labeling-specified PPE for skin and eye protection – If any type of respirator is required by the pesticide labeling for applicators, other than a particulate filtering respirator (NIOSH approval number prefix TC-84A), the handler must wear the respirator inside the enclosed cab during handling activities

106. Enclosed cabs (170.607(e)) EPA has retained other existing PPE requirements for handlers using enclosed cabs: – All of the PPE required by the pesticide product labeling for applicators must be immediately available to handlers in an enclosed cab and be stored in a sealed container to prevent contamination – Handlers must wear the applicator PPE if they exit the cab within a treated area during application or when a REI is in effect – Once PPE has been worn in a treated area, handlers must remove it before reentering the cab to prevent contamination of the cab

107. Aerial applications (170.607(f)) Enclosed Cockpits (170.607(f)(3) Persons occupying an enclosed cockpit may substitute a long-sleeved shirt, long pants, shoes, and socks for labeling-specified personal protective equipment.

108. Aerial applications (170.607(f)) Eyewear Protection for Open Cockpits – In the final rule, EPA has removed the term “visor” from the allowable types of eyewear – The final rule allows the substitution of a helmet with face shield lowered for labeled protective eyewear for aerial applicators in aircraft with open cockpits

109. Aerial applications (170.607(f)) Use of Gloves – In the final rule EPA retained the exception in the existing WPS that offers aerial applicators the option of wearing chemical-resistant gloves when entering and exiting the aircraft, except when the product labeling requires that chemical-resistant gloves be worn when entering and exiting the aircraft

110. Crop Advisors (170.607(g)) EPA has included in the final rule added flexibility in the PPE requirements for crop advisors and their employees Crop advisors and their employees who perform crop advising tasks during the REI may substitute the label-required handler PPE with either: – The label-required PPE for early-entry activities; or – A “universal” set of crop advisor PPE that may be worn in any situation

111. Crop Advisors (170.607(g)) The “universal” set of PPE for crop advising tasks included in the final rule consists of coveralls, shoes plus socks, chemical-resistant gloves made of any waterproof material and eye protection if the labeling of the pesticide product applied requires protective eyewear for handlers

112. Early Entry Exceptions

113. Early Entry Exceptions (170.603) Exception for activities with no contact(170.603(a)) Exception for short-term activities(170.603(b)) Exception for an agricultural emergency(170.603(c)) Exceptions for limited contact and irrigation activities (170.603(d))

114. Early Entry Exceptions (170.603) Key Changes: – Eliminated administrative exception provisions – Clarified no contact exception condition – Revised process for declaration of agricultural emergencies – Added a time limit on time allowed for early entry under the agricultural emergency exception for cases where a double notification product is used – Codified previously approved administrative exceptions (i.e., limited contact and irrigation exceptions), but removed “unforeseen” stipulation from the requirement for irrigation exception

115. Early Entry Exceptions (170.603) Key Elements: – No hand labor is allowed during early entry exceptions except for “no contact” and “agricultural emergency” Moving irrigation equipment is not considered hand labor – All exceptions are time-limited except for “no contact” and “agricultural emergency” (ag emergency exception is time-limited if a “double notification” product was used) Short term exception – 1 hour in 24 hours Limited contact and irrigation exceptions – 8 hours in 24 hours Ag emergency exception - 4 hours in 24 hours (if double notification required) – The “Limited Contact” and “Irrigation” exceptions are not allowed to be used if a double notification product was applied

116. Protections for Early Entry Workers

117. Protections for Early Entry Workers (170.605) Key changes – Added oral notification requirements for early entry workers, but eliminated requirement for recordkeeping of completion of oral notification (changed from proposal) – Added a minimum age requirement

118. Protections for Early Entry Workers (170.605) Prior to early entry, the agricultural employer must provide to each early entry worker the following information orally in a manner that the worker can understand: The location of early-entry area where work activities are to be performed The pesticide(s) applied The dates and times that the restricted entry interval begins and ends Which exception is the basis for the early entry, and a description of tasks that may be performed under the exception Whether contact with treated surfaces is permitted under the exception The amount of time the worker is allowed to remain in the treated area The personal protective equipment required by the pesticide product labeling for early entry The location of the pesticide safety information and the decontamination supplies

119. Questions Email questions to prep.sla@wsu.edu Subject line of email: WPS webinar question Identify which course you are attending – WPS PIRT – Compliance and Enforcement PREP – WPS Implementation PREP If possible, note the WPS subject area Submit question(s)

120. For Additional Information Web site: http://www2.epa.gov/pesticideworker- safety Richard Pont, pont.richard@epa.gov – 703-305-6448 Nancy Fitz, fitz.nancy@epa.gov – 703-305-7385