40 CFR 170 - Worker Protection Standard
Origin Date 8-21-1992
Standard requires workplace practices designed to reduce or eliminate exposure to pesticides and establishes procedures for responding to exposure-related emergencies.
Employers with employees that handle pesticides.
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The Worker Protection Standard (WPS) is an Environmental Protection Agency (EPA) regulation that requires employers to provide protections to agricultural workers and pesticide handlers from potential pesticide exposure, train them about pesticide safety and provide mitigations in case exposures may occur.
The handler employer must assure that before the handler performs any handling activity, the handler either has read the product labeling or has been informed in a manner the handler can understand of all labeling requirements related to safe use of the pesticide, such as signal words, human hazard precautions, personal protective equipment requirements, first aid instructions, environmental precautions and any additional precautions pertaining to the handling activity to be performed. The handler employer must assure that the handler has access to the product labeling information during handling activities.
The handler employer and the handler must assure that no pesticide is applied so as to contact, either directly or through drift, any worker or other person, other than an appropriately trained and equipped handler. The handler employer must assure that any handler who is performing any handling activity with a product that has the skull and crossbones symbol on the front panel of the label is monitored visually or by voice communication at least every two hours. Any handler who handles a fumigant in a greenhouse, including a handler who enters the greenhouse before the acceptable inhalation exposure level or ventilation criteria have been met to monitor air levels or to initiate ventilation, must maintain continuous visual or voice contact with another handler. The handler employer must assure that the other handler has immediate access to the personal protective equipment required by the fumigant labeling for handlers in the event entry into the fumigated greenhouse becomes necessary for rescue.
After the application of any pesticide on an agricultural establishment, the employer must not allow or direct any worker to enter or to remain in the treated area before the restricted-entry interval specified on the pesticide labeling has expired. When two or more pesticides are applied at the same time, the restricted-entry interval must be the longest of the applicable intervals.
Before the application of any pesticide, on or in an agricultural establishment, the handler employer must provide the following information to any agricultural employer for the establishment or must assure that any agricultural employer is aware of:
When handlers (except for commercial pesticide handling establishments) are on an agricultural establishment and, within the last 30 days, a pesticide has been applied on the establishment or a restricted-entry interval has been in effect, the handler employer must display pesticide safety information. A safety poster must be displayed that conveys basic pesticide safety concepts, including how to help keep pesticides from entering your body.
At a minimum, the following points must be conveyed:
The posting must also contain a statement that there are Federal rules to protect workers and handlers, including a requirement for safety training. The name, address and telephone number of the nearest emergency medical care facility must be on or displayed close to the safety poster. The information must be displayed in a central location where it can be readily seen and read by handlers.
The handler employer must assure that before the handler uses any equipment for mixing, loading, transferring or applying pesticides, the handler is instructed in the safe operation of such equipment, including, when relevant, chemigation safety requirements and drift avoidance. The handler employer must assure that, before each day of use, equipment used for mixing, loading, transferring or applying pesticides is inspected for leaks, clogging and worn or damaged parts, and any damaged equipment is repaired or replaced.
Before allowing any person to repair, clean or adjust equipment that has been used to mix, load, transfer or apply pesticides, the handler employer must assure that pesticide residues have been removed from the equipment, unless the person doing the cleaning, repairing or adjusting is a handler employed by the agricultural or commercial pesticide handling establishment. If pesticide residue removal is not feasible, the handler employer must assure that the person who repairs, cleans or adjusts such equipment is informed:
Any person who performs tasks as a pesticide handler must use the clothing and personal protective equipment specified on the labeling for use of the product. Personal protective equipment (PPE) means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, such as, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respiratory protection devices, chemical-resistant aprons, chemical-resistant headgear and protective eyewear. Long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, socks and other items of work clothing are not considered personal protective equipment, although pesticide labeling may require such work clothing be worn during some activities.
When personal protective equipment is specified by the labeling of any pesticide for any handling activity, the handler employer must provide the appropriate personal protective equipment in clean and operating condition to the handler.
During any handling activity, the handler employer must provide for handlers decontamination supplies for washing off pesticides and pesticide residues. The handler employer must provide handlers with enough water for routine washing, for emergency eyeflushing and for washing the entire body in case of an emergency. At all times when the water is available to handlers, the handler employer must assure that it is of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if swallowed.
When water stored in a tank is to be used for mixing pesticides, it must not be used for decontamination or eye flushing, unless the tank is equipped with properly functioning valves or other mechanisms that prevent movement of pesticides into the tank. The handler employer must provide soap and single-use towels in quantities sufficient to meet handlers' needs. The handler employer must provide one clean change of clothing, such as coveralls, for use in an emergency.
To provide for emergency eyeflushing, the handler employer must assure that at least one pint of water is immediately available to each handler who is performing tasks for which the pesticide labeling requires protective eyewear. At the end of any exposure period, the handler employer must provide at the site where handlers remove personal protective equipment, soap, clean towels and a sufficient amount of water so the handlers may wash thoroughly. The decontamination supplies must be located together and be reasonably accessible to, and not more than 1/4 mile from, each handler during the handling activity.
If there is reason to believe that a person has been poisoned or injured by exposure to pesticides as a result of that employment, such as exposures from handling tasks or from application, splash, spill, drift or pesticide residues, the handler employer must make available to that person prompt transportation from the place of employment or the handling site to an appropriate emergency medical facility. The handler employee must provide to that person or to treating medical personnel, promptly upon request, any obtainable information on:
Before any handler performs any handling task, the handler employer must assure that the handler has been trained in accordance with the WPS requirements within the last 12 months. Certified pesticide applicators are considered trained if their certification is current.
General pesticide safety information must be presented to handlers either orally from written materials or audiovisually. The information must be presented in a manner that the handlers can understand, and the presenter must respond to handlers' questions. The person who conducts the training must meet at least one of the following criteria:
The pesticide safety training materials must convey the following information:
A pesticide handler - anyone who is employed (including self-employed) for any type of compensation by an agricultural establishment or a commercial pesticide handling establishment that uses pesticides in the production of agricultural plants on a farm, forest, nursery or greenhouse, and is doing any of the following tasks:
AGRICULTURAL
STANDARD
PESTICIDE
STANDARD
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