1. EPA’s Pesticide Worker Safety Program Regulations: Potential Revisions to Enhance Protections

2. The Agricultural Worker Protection Regulation & the Applicator Certification Regulation are Part of EPA’s Pesticide Worker Safety Program
Strategic Mission
Protect public health and the environment through programs that ensure agricultural worker safety, pesticide applicator competence to use pesticides safely, and health care providers capable of recognizing and managing pesticide poisoning.
Priority Objectives
Agricultural worker protection program with provisions to enhance pesticide safety
training, minimize pesticide exposure, and increase hazard communication.
Applicator certification program with valid competency & safety standards for
occupational pesticide users.
Health care provider networks capable of recognizing and managing pesticide
poisoning.
Effective pesticide container / pesticide containment program.
Expanded network of partners (domestic, international, public, private) with the
capacity to engage in pesticide safety activities.
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3. Implementation of two related pesticide worker safety regulations
Pesticide worker safety program goals are achieved through a broad range of program activities
Implementation of two related pesticide worker safety regulations
The Worker Protection Standard Rule (40 CFR Part 170)
Pesticide Applicator Certification Rule (40 CFR Part 171)
Guidance and training for state regulators
Development of program support materials and resources (training materials, exams, etc.)
Multi-lingual, multi-media outreach to disproportionately effected populations
Partnership with a broad range of government and non government entities

4. Proposed Revisions to EPA's Agricultural Worker Protection Regulation: 40 CFR Part 170

5. Background and Regulatory History
An estimated 1.8 million agricultural workers are occupationally exposed to pesticides.
Agricultural workers are exposed to pesticide residues, and handlers are exposed to pesticides as they mix, load and apply them.
Exposures to pesticides may result in adverse health outcomes, and regulation was needed to protect these employees.
1992 agricultural worker protection regulation’s intent was to protect employees on farms, forests, nurseries, and greenhouses from occupational exposure to agricultural pesticides. It covers workers in areas treated with pesticides and employees who handle pesticides.
The regulation has exposure reduction measures to reduce the risk of pesticide poisonings and injuries among agricultural workers and pesticide handlers.
1st BULLET:
Only agriculture AND only plant ag. (more intensive use and exposure than animal ag.)
Large population protected
Worker: employee that may re-enter treated area
Handler: mix, load, apply pesticides
Many adverse health effects, acute and chronic; routes of exposure (dermal, inhalation, eye)
Requirements are on employers to protect employees
2nd BULLET:
Purpose: reduce adverse health effects in ag. employees (NOT require OR regulate)
3rd BULLET:
Mostly exposure reduction; also decontamination and emergency response measures

6. Summary of Current Worker Protection Regulation Requirements
Pesticide safety training and safety information
Restrictions during applications
Restricted-entry intervals (REI)
Personal protective equipment (PPE)
Notice of applications and posting of treated areas
Decontamination supplies
Emergency assistance
Employer record keeping and information about applications
Access to labeling and site specific information for handlers
Pesticide safety training and safety posters. Training is required for all workers and handlers, and a pesticide safety poster must be displayed.
Protection during applications. Applicators are prohibited from applying in a way that will expose workers. Workers are prohibited in areas while pesticides are being applied.
Restricted-entry intervals. must be specified on all agricultural pesticide labels. Workers are prohibited from entering a treated area during the restricted entry interval, with only narrow exceptions.
Personal protective equipment. must be provided and maintained for handlers and early-entry workers.
Notice of applications and posting of treated areas Notification of workers about treated areas so they may avoid inadvertent exposures.
Decontamination supplies. Handlers and workers must have an adequate supply of water, soap, and towels for routine washing and emergency decontamination.
Emergency assistance. Provide transportation to a medical care facility if a worker or handler may have been poisoned or injured by pesticides. Provide information about the pesticide to which the person may have been exposed.
Employer record keeping and information about applications what applied, when, REI
Access to labeling and site specific information. Inform handlers of label requirements. Central posting of recent pesticide applications is required.

7. Proposals Under Consideration
Improve effectiveness of worker and handler training:
Reduce retraining interval
Expand training contents
Change grace period conditions
Improve worker trainer competency
Establish training recordkeeping
Improve protections to workers - Restricted Entry Intervals (REIs):
Provide notifications to workers when directing early entry (during REI) to a treated area
Oral and written notifications
Limit duration of early entry during agricultural emergency
Keep records of workers in a treated area during the REI.
Post warning signs at treated area for pesticide application with a certain REI.
Improve content of warning signs for posting at treated areas during REI

8. Proposals Under Consideration
Improve protections for workers during pesticide applications:
Require application entry restricted areas for farms/forests similar to those in place for nurseries and greenhouses
Improve hazard communication protections:
Expand information on application and hazard to be available
Specify when application information must be recorded and retention period.
Require handler employer of commercial applicators to notify agricultural employer of any changes in application, within specified time period.
Improve effectiveness of safety poster:
Expand poster content to match expanded training points
Add requirement for poster at decontamination supply location
Improve protections for Crop Advisor employees:
Require PPE for entry during REI
Provide decontamination supplies

9. Proposals Under Consideration
Improve effectiveness of decontamination supplies:
Improve eye flush water supply requirements for workers and handlers
Improve effectiveness of emergency information:
Specify information to be provided and time allowed to provide it
Protect children:
Establish minimum age for worker entry under the REI
Improve handler application restrictions:
Require handlers to cease application if workers enter restricted area around treated area.
Improve effectiveness of Personal Protective Equipment (PPE):
Clarify requirements for closed systems to permit exception for PPE.
Require maintenance of enclosed cabs and closed systems
Require medical monitoring, fit testing, and training for handlers who use respirators.
Establish minimum age for handlers

10. Proposed Revisions to EPA’s Pesticide Applicator Certification Regulation: 40 CFR Part 171

11. Background and Regulatory History
FIFRA applicator certification requirements established in 1972
A Restricted Use Product (RUP) is one that, without additional regulatory restrictions, may cause unreasonable adverse effects on the environment.
There are approximately 1,000 RUPs registered
Restricted use pesticides may be purchased and used only by or under the direct supervision of a certified applicator
The regulation requires applicators to be certified as competent to apply restricted use pesticides in accordance with EPA’s national standards.
Certified applicators are classified as private or commercial
Commercial applicator competency based on specific categories of certification
11 federal categories and standards of competency

12. Background and Regulatory History
The federal certification rule does not require training for certified applicators or noncertified applicators applying RUPs under the supervision of a certified applicator
FIFRA authorizes states to conduct certification programs; they must submit a plan to EPA for approval
EPA has approved certification plans for all 50 states that authorizes them to certify private and commercial applicators
Most states have adopted standards more stringent than the federal standards; there is wide variance among state programs (recertification intervals and process, categories, exam standards, etc.)
States and tribes are required to have a process for recertification of competency for certified applicators, but there are no federal standards for recertification programs

13. Certified Applicators – Facts & Challenges
Approximately one million certified applicators nationally
~ 489,000 private applicators (not-for-hire ag applicators)
~ 414,000 commercial applicators
Potentially millions of noncertified applicators, increasingly non-English speaking, applying “under the supervision” of certified applicators
Unlike certified applicators, there is no mechanism in place to track the number of non-certified applicators
No federal requirements for training of non-certified applicators applying restricted use pesticides (similar to the agricultural worker protection regulation’s handler training)
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14. FIFRA Constraints on EPA Authority
“…shall not require private applicators to take any examination to establish competency in the use of pesticides.”
“No regulations … shall require any private applicator to maintain any records or file any reports or other documents.”
“Administrator shall establish separate standards for commercial and private applicators.”
Cannot prohibit RUP application by noncertified applicators (i.e., must allow application “under the supervision” of a certified applicator), except through label specific rules.
Cannot require training for non-RUP occupational users (maintenance applicators, service technicians).
May not require instruction or competence in integrated pest management.
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15. Proposals Being Considered
Competency
Establish minimum age for certification
Establish more stringent minimum certification requirements for
private applicators
Establish federal standards for recertification programs
Establish certification requirements for specific uses/application
methods (e.g., fumigation, aerial)
Protection
For noncertified persons working under the supervision (UTS) of
a certified applicator:
Establish minimum age requirements for applying UTS
Establish requirements for training, communications, and recordkeeping
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16. Proposals Being Considered
Efficiency / Administration
Revise tribal applicator certification plan requirements to better address state / tribal issues
Require pesticide dealer recordkeeping
Improve ability to measure program success
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