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Understanding the Revised Worker Protection Standard What growers and their employees need to know
Presenter name(s) Presenter title Created by: Joe Becovitz, Pesticide Program Specialist, Office of Indiana State Chemist
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Disclaimer This presentation is an overview only and does not fully address all the requirements of the Worker Protection Standard (WPS). Details on total compliance can be found in US EPA’s How to Comply Manual which can be downloaded free from the OISC website at Click on Alerts Most of the rules went into effect Jan Training and Poster available Jan From the website there’s a 1 page pdf that can be printed and distributed, and a national website of training materials OISC in 2017 will be “compliance assistance” As long as human health and environment not threatened.
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You are covered by the WPS if you
Produce an agricultural plant on a Farm Forest Nursery or in an Enclosed space (such as a greenhouse) AND You use a pesticide with WPS language on the label Image credit: Chazzbo Media
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Uses NOT covered under WPS include
Pasture or rangeland Livestock and their premise Rodent control if not related to crop production Harvested portion of crops (such as grain) Mosquito abatement Right-of-way (such as ditch bank weed control) Photo credit Iowa NRCS Photo credit: Purdue ACS
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Who does the WPS protect?
Workers – perform hand labor tasks such as: Harvesting Weeding Pruning in a pesticide treated area within 30 days after an application Handlers – must be at least 18 years old* Mix, load, apply a pesticide or Work on pesticide application equipment *At least 18 years old --- Age limit new
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Who is partially exempt from WPS?
Majority of the establishment (more than 50%) is owned by one or more members of the same immediate family Then--
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Who is partially exempt from WPS?
Then the immediate family is exempt from: Pesticide safety training Notice of applications Records of applications and posting of SDS Emergency assistance Decontamination supplies Example: a child that works on the farm doesn’t require training or notice of application. BUT wouldn’t you want to?
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How is immediate family defined?
Nieces Sisters-in-law Mother-in-law Sons-in-law Sisters Parents Grand children Daughter-in-law Step children First cousins Children Nephews Aunts Grand parents Brothers Father-in-law Uncles Spouse Foster children Step parents Brothers-in-law Foster parents Photo from PERCTTT presentation Spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughter’s-in-law, grandparents, brothers, sisters, brother’s-in-law, sister’s-in-law, aunts, uncles, nieces, nephews and first cousins
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What is NOT exempt? Owners and immediate family must still follow all specific pesticide label instructions. Before applying any product that requires a respirator the applicator must: Obtain a medical evaluation Be trained in the correct use and upkeep of the respirator Be fit tested for the proper respirator
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2 years What is NOT exempt Must keep records for two years of the
Medical evaluation Training and upkeep Fit testing 2 years Image credit: Jennifer Weber, Arizona Department of Agriculture
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If all members of the audience employ ONLY immediate family you may STOP here. But don’t leave you need to stay for PARP credit!
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Grower responsibilities for employees
Pesticide safety training Safety, application and hazard information Notice about applications Personal Protective Equipment (PPE) Decontamination supplies Emergency assistance Application Exclusion Zone (AEZ) Additional requirements 25’
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Pesticide safety training
Workers trained before entering a pesticide treated area Handlers trained before any handling task W & H* receive yearly training Grower keep record of training for two years Training ONLY with EPA approved materials Trainer present during entire training Training in language W or H* can understand *Worker & Handler
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Who can train? Certified commercial applicator Private applicator
Graduate of Train the Trainer course Expanded training content in January 2018 Image credit: Jennifer Weber, AZ Department of Agriculture
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Safety, application & hazard information
Must be displayed if an application within 30 days and workers and/or handlers are present Pesticide safety poster (new January 2018) Safety Data Sheets(SDS)
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Safety, application & hazard information
Record of applications must include: Location and description of treated area Product name, EPA Reg.# and active ingredient(s) Restricted Entry Interval (REI) Time (including start and end time) & date of app Records kept for two years Image credit: Jennifer Weber, AZ Department of Agriculture
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Notice about applications
Orally warn workers and post warning signs if required by the label (double notification) If double notification NOT required then post warning signs if the REI is greater than 4 hours for enclosed spaces (greenhouses) 48 hours for outdoor production For all other applications, EITHER orally warn workers OR post warning signs Image credits: Betsy Buffington, Iowa State University
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Personal Protective Equipment (PPE)
Employers must provide the PPE on the label For WPS, long-sleeved shirt, short sleeved shirt, long pants, short pants, shoes and socks are considered standard attire and DO NOT have to be provided by the employer Image credit: Sarah Risorto, UC Statewide IPM Program Image credit: Penn State Extension, The Pennsylvania State University
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Personal Protective Equipment (PPE)
NEW: Remember respirators have special requirements including: Medical evaluation Training on use and upkeep Fit testing Records for two years Image credit: Penn State Extension, The Pennsylvania State University
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Decontamination supplies
Supplies within ¼ mile of worksite Plenty of soap and single use towels for W & H One gallon of water per worker Three gallons of water per handler Change of clothes for handler For products that require eye protection or if the handler is mixing or loading using a closed operating system under pressure 1 pint immediately available Extra three gallons available for continuous eye flush
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Image Credit: Bruce Bordelon, Purdue HLA
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Emergency assistance If there is reason to believe a worker or handler has been exposed to a pesticide Transport promptly to a medical facility Promptly provide to medical personnel Product name, EPA Reg.# and active ingredient(s) How pesticide was being used Circumstances of exposure SDS (Safety Data Sheets)
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The Application Exclusion Zone (AEZ)
The AEZ is a zone or area surrounding pesticide application equipment that exists ONLY during outdoor applications Intent is to insure no unprotected persons will be drifted on Grower must not allow workers or other unprotected persons in the AEZ Applicator to suspend if anyone in AEZ Same as old site-awareness Don’t drift on people!
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AEZs on Field Borders When the application is finished the AEZ no longer exists. SUSPEND! There are workers from the neighboring field in the AEZ! Proceed with caution. EVALUATE! Can you ask the workers to move somewhere else until you are done with the application? Yes, they agreed to move! Neighboring Field Source: Pesticide Educational Resources Collaborative Information required to be covered: A handler must immediately suspend the application if a worker or other person (other than handler) is in AEZ. Can continue with application when people move or after an assessment of the situation guarantee no drift to people off the establishment Not limited to boundaries of agricultural establishment One of the three requirements with a delayed compliance date (January, 2018) to allow for handlers to be trained on new content Explain that 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. Your Field
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Additional requirements
Ag dealers will inform growers about applications including Location of field to be treated Date of app including start and end time Product name, EPA Reg.#, REI and active ingredient(s) Oral, posted warnings or both Any other safety requirements on the label Photo Credit: Office of Indiana State Chemist
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Questions? Joe Becovitz---Pesticide Program Specialist
or
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