April 1994 United States Environmental Protection Agency Prevention, Pesticides and Toxic Substances (7506C) ******************************************************** Questions & Answers The Worker Protection Standard: 1994 Legislative Changes A Guide For Agricultural Employers ******************************************************** In 1992, EPA revised the Worker Protection Standard (WPS) for Agricultural Pesticides. The WPS governs pesticides used in the production of agricultural plants on farms and in forests, nurseries, and greenhouses. Most WPS provisions were due to take effect on April 15, 1994. However, in April, legislation was enacted which delays implementation of some but not all of the WPS until January 1, 1995. The new law provides more time for the agricultural community to learn about the WPS and to prepare for implementation. This guide summarizes the major WPS provisions, especially those required in 1994, and describes how you can get more information. _________________________________________________________________________ Summary Of The New Worker Protection Law In summary, most of the WPS requirements appear on the labels of the pesticides used on the agricultural establishments where your employees work. There are two types of WPS provisions that appear on the label: those that are fully spelled out, and those that are referred to but not thoroughly described on the label. During 1994, you must comply with the WPS requirements that are spelled out on the label. These include the label requirements for personal protective equipment (PPE), the restricted-entry interval (REI), and the requirement for "double notification," if this requirement is on the label. You do not need to comply with the "referenced" requirements until January 1, 1995. These requirements include pesticide safety training for agricultural workers and handlers, decontamination sites, notification of workers about pesticide applications, display of information about pesticide applications, emergency assistance, and display of a safety poster. The legislation also provides optional PPE requirements for some irrigation work in 1994 and excludes crop advisors from WPS coverage until January 1. 1995. _________________________________________________________________________ The following questions and answers summarize the major WPS provisions, focusing on the 1994 WPS requirements. Also refer to the table at the end of this fact sheet which summarizes these requirements. Complete information about all WPS requirements for agricultural employers is in the EPA manual The Worker Protection Standard for Agricultural Pesticides--How To Comply: What Employers Need to Know. It's referred to as the "How To Comply" manual. See Question 13 for ordering information. 1) How Do I Know If The Worker Protection Standard Applies To Me? If you or your employees apply agricultural pesticides on farms or in forests, nurseries, or greenhouses, or if you use workers in the production of agricultural plants and if the production involves the use of pesticides, it is likely that the WPS applies to you. If you are uncertain about how the WPS applies to you, contact your EPA regional office or your State agency responsible for pesticides. Additional information also is included in the EPA "How To Comply" manual. 2) Will Pesticide Product Labels Include WPS Requirements? Pesticide labels state the requirements for proper use of pesticides. Some WPS requirements will be spelled out on the label and other WPS requirements simply are referenced on the label. You should review each label carefully and follow the instructions. 3) When Will Product Labels Change To Include The WPS Requirements? By April 21, 1994, pesticide manufacturers must change the labels of their agricultural use pesticides to include the WPS requirements. Products with new labels are moving into the channels of trade. Between now and October 23, 1995, products with both old and new labels will be available for sale. After October 23, 1995, pesticide dealers cannot sell or distribute products without the WPS label. Whatever label, old or new, is on the product you use, you must follow the instructions on that label. When products with old and new labels are combined, follow the more restrictive worker protection requirements. 4) What Are The WPS Requirements On Pesticide Labels And When Must I Comply With Each? The WPS labels have several new features. Personal Protective Equipment (PPE) for Pesticide Handlers: The new labels standardize the PPE requirements for pesticide handlers. The PPE is specified in the Precautionary Statements portion of the label. *** Compliance: During 1994, employers must ensure that handlers use this PPE. Starting January 1, 1995, there are additional employer duties for providing, cleaning, and maintaining the PPE. These requirements are described on pages 79-81 of the How To Comply manual. Application Requirements: The new labels also include a statement permitting only protected handlers to be in the area during application, and requires that the product be applied in a manner that will not result in contact to workers or other persons. This statement usually appears in the Directions For Use section of the label. *** Compliance: Employers and pesticide applicators must comply with this requirement during every pesticide application in 1994 and beyond. Agricultural Use Requirements Box: The most obvious new feature of the new labels is a box with the heading "Agricultural Use Requirements". The box includes: * The product-specific restricted-entry interval (REI). (There are some products where the REI is different for different crops or crop practices. In these cases, the REIs are given in the Directions for Use section of the label.) *** Compliance: Required both in 1994 and beyond. See Question 5 for more information about REIs. * Early-entry personal protective equipment (PPE)--the PPE that must be used by workers who must enter a treated area during the REI and contact anything that has been treated with the pesticide. (See Question 5.) *** Compliance: In 1994, employers must provide the PPE to early-entry workers in clean and operating condition. Also, in 1994, employers can provide optional PPE to early-entry irrigation workers. (See Question 6.) Starting January 1, 1995, there are additional employer duties for providing, cleaning, and maintaining the PPE. These requirements are described on pages 69 and 70 of the "How To Comply" manual. * The WPS reference statement--a general statement referring to the WPS and requiring employers to provide their pesticide handlers and agricultural workers with all WPS protections. These protections include: - Pesticide safety training for agricultural workers and pesticide handlers. - Provision of decontamination sites for workers and handlers. - Notification of workers about pesticide applications. - Display of information about pesticide applications. - Emergency assistance. - Display of a safety poster. *** Compliance: Delayed until January 1, 1995. A partial list of these requirements is given here and all are described fully in the "How To Comply" manual. * "Double Notification" Requirement--a requirement included only on the labels of the most toxic pesticides. For these products, employers must notify their agricultural workers about applications by giving them an oral warning and by posting entrances to treated areas. *** Compliance: Required in 1994 and beyond. See Question 7 for additional information about compliance with notification requirements. 5) What Are The Restricted-entry Interval (REI) Requirements? Under the WPS, each agricultural pesticide label will specify a restricted- entry interval (REI), usually ranging from 12 to 72 hours. Some labels may specify a longer REI. The REI begins immediately after pesticide application. You must keep workers out of a treated area during the REI, except in these narrow situations: No contact early entry: After any applicable inhalation exposure level or ventilation criteria has been met, you may permit workers to enter a treated area during an REI (early entry) if they will not touch or be touched by any pesticide residues on plants, in soil, in water, or in the air. If there is no contact, there are no PPE requirements and no time limitations. See Pages 46-47 of the "How To Comply" manual. *** Compliance: The exception to early-entry limitations for no contact early entry applies in 1994 and beyond. Non-hand labor early entry: You may allow workers to enter treated areas before the REI is over to perform non-hand labor jobs that will involve contact with pesticide residues. These tasks include operating, moving, or repairing irrigation or watering equipment but does not include such tasks as harvesting, weeding, pruning, cultivating, etc., which are considered hand labor tasks. You must make sure that non-hand labor early-entry workers do all of the following: (1) Wear the early-entry PPE specified on the label. NOTE: In 1994, you must provide the early-entry PPE to the worker and it must be in clean and operating condition. Starting January 1, 1995, there are additional employer duties for providing, cleaning, and maintaining the PPE. See pages 69 and 70 of the "How To Comply" manual. (2) Wait at least four hours after the pesticide application is completed before entering the area. (3) Wait at least until any inhalation exposure level listed on the label has been reached. *** Compliance: During 1994, there are no time limitations to non-hand labor early entry. Starting January 1, 1995, early-entry work under this exception is limited to short-term tasks and usually not allowed to exceed one hour per worker each day. Other exceptions: For other exceptions allowing entry to treated areas during an REI, see pages 60 and 61 of the "How To Comply" manual. These exceptions include entry during an agricultural emergency and entry for specific tasks approved by EPA through a formal exception process. *** Compliance: Exceptions to early-entry limitations for agricultural emergencies and for EPA-approved tasks are available in 1994 and beyond. 6) For Irrigation Work, What Are The Personal Protective Equipment (PPE) Requirements During An REI? Irrigation workers who will contact treated surfaces must wear the early- entry PPE specified on the label. However, until January 1, 1995, when there is contact with pesticides only to feet, lower legs, hands, and arms, coveralls plus chemical-resistant gloves and chemical-resistant footwear may be substituted for the early-entry PPE specified on the label. This provision for substitute PPE will no longer be in effect after January 1, 1995. Starting January 1, 1995, early entry for non-hand labor tasks--including irrigation work--would be limited to one hour per person each day if the entry would result in contact with pesticide residues. The Agency currently is reviewing the requirements and time limitations for early- entry irrigation work to identify situations and practices where flexibility may be allowed after 1994. 7) What Are The Double Notification Requirements? Labels for some pesticides--the most toxic ones--require you to notify workers both orally and with signs posted at entrances to the treated area. For these products, the Agricultural Use Requirements box on the label includes this statement: "Notify workers of the application by warning them orally and by posting warning signs at entrances to treated areas." *** Compliance: You are required to provide this "double notification" to workers in 1994. During 1994, you can use any warning sign that clearly tells workers to keep out and the oral warning must tell workers the location/description of the treated area, when entry is restricted, and not to enter the treated area until after the REI. Starting January 1, 1995, you must use the WPS field warning sign and follow specific WPS requirements for the timing and content of the oral notification. You may begin using these procedures in 1994. 8) Are Crop Advisors Covered By The WPS? Crop advisors are not covered by the WPS until January 1, 1995. The Agency is currently reviewing the requirements for crop advisors, and may allow some flexibility after January 1, 1995. 9) Some Of My Pesticide Handlers and Agricultural Workers Already Have Received WPS Basic Safety Training. With The Delay In The WPS Training Requirement Until January 1, 1995, Must These Employees Be Trained Again? If your employees were properly trained, the WPS safety training already provided is valid. The WPS requires that they be retrained every five years, counting from the end of the month in which the initial training was completed. 10) How Will Compliance With The WPS Be Ensured? In general, States are responsible for ensuring compliance and enforcement of the WPS. In 1994, inspection programs will focus on making sure that products have the new WPS labels, and on the investigation of complaints and other high-risk situations. EPA, the States, and others will continue their efforts to help you understand the WPS requirements and comply with them. 11) What If I Don't Comply? If violations occur, States may take action under state pesticide law or refer the case to EPA. In general, if the violation is minor, you may be warned the first time. You also will be provided with guidance on how to comply. For more serious violations or repeated violations, you may be fined or have other action taken against you. 12) How Will I Benefit From The WPS? The purpose of the WPS is to protect you, agricultural workers, and pesticide handlers from pesticide exposure. Other benefits of the WPS include having a single standardized set of general requirements for worker protection, reducing the time employers and employees lose from work due to illness from pesticides, reducing medical expenses and insurance premiums, and increasing overall productivity, by having an informed and healthier work force. 13) How Can I Learn More About The WPS Requirements? Your EPA regional office, your State agency responsible for pesticides, and your Cooperative Extension Service can provide you with additional information about the WPS and the availability of WPS training and training materials. You also can refer to the EPA manual The Worker Protection Standard for Agricultural Pesticides--How To Comply: What Employers Need to Know. It's referred to as the "How To Comply" manual. The "How To Comply" manual describes each of the WPS requirements in detail. It is fully indexed for easy use, and it contains a Quick Reference Guide and useful checklists. It also discusses a number of exceptions and options that the Agency has built into many of the key WPS provisions. The exceptions and options allow you to choose, for your individual situation, the best way to meet a requirement. You can order the "How To Comply" manual and other WPS materials from the U.S. Government Printing Office (GPO), Washington, D.C., 20402-9325. (202) 783-3238. Here are the GPO reference numbers: 055-000-00442-1 The How To Comply manual 055-000-00445-5 WPS Quick Reference Guide (as a separate poster) 055-000-00444-7 WPS Safety Poster 055-000-00443-9 Protect Yourself from Pesticides--Guide for Agricultural Workers (English/Spanish safety training handbook for workers) 055-000-00467-6 Protect Yourself from Pesticides--Guide for Pesticide Handlers (English version of the safety training handbook for handlers) The Spanish version of the safety traininghandbook for pesticide handlers will be available as a separate publication in May 1994. The WPS materials also are available from several commercial sources. 14) How Can I Prepare To Comply With The WPS in January 1, 1995? There are a number of things you can do to prepare yourself and your employees for full implementation of the WPS on January 1, 1995. First, carefully review the pesticide labels that have been changed to include WPS requirements. If you have questions, contact your EPA regional office, your State agency responsible for pesticides, or your Cooperative Extension Service (CES) office for additional information. Remember, you must follow the label directions. Second, use the time between now and January to become informed about the WPS. EPA, State agencies, CES and many local organizations will be holding meetings, sponsoring TV and radio spots, and distributing fact sheets like this one about the WPS and what you need to do to comply. Take advantage of these opportunities to become informed and discuss WPS requirements with others in your area. Third, obtain the materials you need to get the facts about the WPS and how it applies to your operation. The EPA "How to Comply" manual was designed specifically for employers. There may be additional State- specific worker protection requirements that apply to you. You will need to obtain this information in your State. Fourth, take advantage of this season to prepare your employees. If you plan to provide your employees with the WPS safety training yourself, obtain the needed training materials and begin. If you plan to have others train them, you can take advantage of the many individuals and organizations that offer or plan to offer WPS training. Again, your EPA region, your State agency, or CES office can help you locate sources of WPS safety training.