Summary of the Worker Protection Standard for Agricultural Pesticides. By Jack L. Runyan. Agriculture and Rural Economy Division, Economic Research Service, U.S. Department of Agriculture. Agriculture Information Bulletin No. 680. Abstract All agricultural employers whose workers perform hand labor operations in fields, forests, nurseries, and greenhouses treated with pesticides, and handle pesticides in these locations are covered by the U.S. Environmental Protection Agency's worker protection standard issued August 21, 1992. Agricultural employers must be in full compliance with this regulation on or after April 15, 1994. Additionally, owners, operators, and their immediate family members must comply with some of the provisions of this standard. This supplement to A Summary of Federal Laws and Regulations Affecting Agricultural Employers, 1992 summarizes this regulation. Keywords: Agricultural labor, farm labor, farmworker safety, pesticide safety Acknowledgments The U.S. Environmental Protection Agency staff reviewed this report for accuracy. Washington, D.C. 20005-4788 December 1993 Summary Agricultural employers must be in full compliance with the U.S. Environmental Protection Agency's (EPA) 1992 worker protection standard (WPS) on or after April 15, 1994. This standard, which became effective on October 20, 1992, revises EPA's 1974 worker protection standard. Precise estimates of the number of workers and handlers who will be covered by the WPS are unknown, but EPA estimates that nearly 4 million owners, operators, family members, hired workers and handlers could be affected. The WPS covers every agricultural employer, including livestock producers, who has employees that perform hand labor operations in fields, forests, nurseries, and greenhouses treated with pesticides. Unlike other laws and regulations affecting agricultural labor, the WPS does not exempt any employment in commercial agriculture involving hand labor in fields, but owners or operators and immediate family members are specifically exempt from some provisions. The WPS expands coverage to include more employees and expands employers' requirements for training employees who handle pesticides, protecting employees from pesticide exposure, and providing emergency assistance to exposed employees. Although many laws affecting agricultural employment exempt farming enterprises that employ small numbers of hired farmworkers, the new standard has no exemptions based on the number of employees. Employers covered by the WPS must: Reduce overall exposure to pesticides by prohibiting handlers from exposing workers during pesticide application, excluding workers from areas being treated and areas under a restricted entry interval, and notifying workers about treated areas. Some activities are allowed during restricted entry intervals if workers are properly trained and protected. Mitigate exposures by requiring decontamination supplies be present and emergency assistance be available. Inform workers about pesticide hazards by requiring safety training (workers and handlers), safety posters, access to labeling information, and access to specific information (listing of treated areas on the establishment). WPS provisions are very complicated and are likely to affect a large number of employers and their workers. States may also issue worker protection standards that are stricter than the WPS. Therefore, employers should contact their State agency that regulates the Federal Insecticide, Fungicide, and Rodenticide Act in cooperation with the EPA to determine whether they must comply with the WPS and local regulations. Nothing in this report replaces technical and professional legal advice. A Summary of the Worker Protection Standard for Agricultural Pesticides Jack L. Runyan* *The author is an economist with the Agriculture and Rural Economy Division, Economic Research Service, U.S. Department of Agriculture. Introduction The U.S. Environmental Protection Agency (EPA) revised its 1974 Worker Protection Standard by issuing its new Worker Protection Standard (WPS) on August 21, 1992 (40 Code of Federal Regulations--40 CFR). The WPS, which became effective on October 20, 1992, expands coverage to include more employees and expands employers' requirements for training employees who handle pesticides, protecting employees from pesticide exposure, and providing emergency assistance to exposed employees. Some of the provisions of the WPS also apply to owners, operators, and members of their immediate families. This report summarizes the WPS and supplements an earlier report on Federal laws and regulations affecting agricultural employers (Runyan, 1992). Nothing in this report replaces technical and professional legal advice. The WPS applies to all agricultural employers who have employees performing hand labor operations in fields, forests, nurseries, and greenhouses treated with pesticides, and/or employees handling pesticides in these locations (40 CFR). Data from the 1987 Census of Agriculture (the most recent year available) suggest that about 1 million farms, including nurseries and greenhouses that produce commodities for sale, employed hired or contract labor during that year (Oliveira, 1991). Precise estimates of the number of workers and handlers who will be covered by the WPS are unknown, but EPA estimates that nearly 4 million owners, operators, family members, and hired workers and handlers could be affected (EPA, 1992a). WPS covers more agricultural employers than most other laws and regulations that affect agricultural employment. Although many laws and regulations affecting agricultural employment exempt farming enterprises that employ small numbers of hired farmworkers, the WPS has no exemptions based on the number of employees. [See (Runyan, 1992) for a discussion of laws and regulations affecting agricultural labor.] WPS provisions are complicated and likely to affect a large number of employers and their workers. This report provides a background on the WPS, discusses major definitions, and summarizes the basic provisions of this new regulation. Background The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) of 1947, as amended, sets an overall risk/benefit standard for pesticide registration, requiring that all pesticides perform their intended function, when used according to labeling directions, without imposing unreasonable risks of adverse effects on human health or the environment (Runyan, 1992). During the congressional discussion of FIFRA amendments in 1972, the Senate Committee on Agriculture and Forestry (Committee) "found Tprotection of man and the environmentU to be a broad term encompassing farmers, farmworkers, and others who come into contact with pesticides..." (57 FR 38102). The Committee further found "that the bill [The Federal Environmental Pesticide Control Act of 1972 (FEPCA)] requires the Administrator to require that the labeling and classification of pesticides be such as to protect farmers, farmworkers, and others coming in contact with pesticides or pesticide residues" (57 FR 38102). Given the above mandate, the EPA issued regulations in 1974 dealing with pesticide-related occupational safety and health of workers performing hand labor operations in fields during and after application of pesticides (40 CFR). These regulations contained four basic requirements: (1) workers are not to be sprayed with pesticides; (2) there are specific restricted entry intervals (REI) for 12 pesticides, interim restrictive entry levels for certain pesticides, and a general re-entry interval for all other agricultural pesticides prohibiting re-entry into treated areas until sprays have dried, dusts have settled, and vapors have dispersed; (3) protective clothing is required for any worker entering a treated area before the specific re-entry period has expired; and (4) "appropriate and timely" warnings are required for re-entry. These warnings may be given orally in appropriate language, placed on the pesticide notice board, or posted in the field. EPA determined that the 1974 regulations did not adequately protect agricultural workers and pesticide handlers who were occupationally exposed to pesticides. In order to correct these inadequacies, EPA issued new regulations designed to reduce exposure to pesticides, mitigate exposure, and inform workers about pesticides. Reducing overall exposure to pesticides will be accomplished by prohibiting handlers from exposing workers during application, excluding workers from areas being treated and areas under a REI (some activities are allowed during a REI if workers are properly trained and protected), and notifying workers about treated areas. Mitigating exposures will be accomplished by requiring decontamination supplies and emergency assistance. Workers will be informed about pesticide hazards through required safety training (workers and handlers), safety posters, access to labeling information, and access to specific information (listing of treated areas on the establishment). Worker Protection Standard for Agricultural Pesticides Provisions of the WPS apply to: Owners or managers of farms, forests, nurseries, or greenhouses where pesticides are used in the production of agricultural plants. Those who hire or contract for services of agricultural workers to do tasks related to the production of agricultural plants on a farm, forest, nursery, or greenhouse. Operators of businesses in which the operator or employees apply pesticides that are used for the production of agricultural plants on any farm, forest, nursery, or greenhouse. Operators of businesses in which the operator or employees perform tasks as a crop advisor on any farm, forest, nursery, or greenhouse (EPA, 1993a). General Duties The general duties of the WPS require an agricultural employer or a pesticide handler-employer to: Assure that each worker and handler subject to the standard receives the required protections. Assure that any pesticide subject to the standard is used in a manner consistent with the labeling of the pesticide, including the requirements in the standard. Provide sufficient information and directions to each person who supervises any worker or handler to assure that each worker or handler receives the required protection. The information and directions must specify which persons are responsible for actions required to comply with the standard. Require each person who supervises any worker or handler to assure compliance by the worker or handler with the provisions of this standard and to assure that the worker or handler receives the required protection (40 CFR). The general duties also prohibit agricultural and handler employers from taking any retaliatory actions against workers attempting to comply with this standard, or from taking any action that prevents or discourages any worker or handler from complying or attempting to comply with the WPS. Table 1 summarizes the provisions of the WPS and how they apply to agricultural employment. Some of the definitions and explanations found in FIFRA and the WPS will help demonstrate the broad application of the WPS. Table 1--Worker Protection Standard: Summary of the applicability to agriculture and penalties for violations [Editorial note: This table has been changed slightly from its original appearance in order to accommodate the requirements for archiving as straight text on the Worker Protection Standard Forum. Please refer to the original formatted version for the entire table.] Labeling Requires everyone applying pesticides to obey instructions printed on the pesticide container's label. Worker Protection Standard 1. Only appropriately trained and equipped workers allowed in area during pesticide application. 2. Workers may enter a treated area before the REI has expired only if the worker will have no contact with pesticide residue or is entering for a short term, emergency, or specifically excepted tasks. 3. Workers must be provided with protective equipment in proper working order. Workers must be notified of pesticide applications, treated areas must be posted, and/or oral warnings must be given to workers as directed by labeling. 4. Pesticide safety poster must be on display in a central location. 5. Decontamination site must be provided and maintained if workers are required to enter treated area during REI and the ensuing 30 days. 6. Emergency assistance must be provided to any worker when there is reason to believe the worker was poisoned or injured by pesticide. Pesticide Handler Protection Standard 1. Only appropriately trained and equipped handlers allowed in area being treated. 2. Handler handling highly toxic pesticides must be monitored every 2 hours. 3. Handler fumigating in a greenhouse must be in continous voice or visual contact with another handler. 4. Handler must provide information to agricultural employer prior to applying any pesticide. 5. Each handler must have pesticide safety training from a qualified trainer. 6. Each handler must understand all labeling requirements related to safety before starting handling activity. 7. Handlers must use protective clothing. 8. Handler must be provided with a decontamination site. 9. Handler must be provided with emergency assistance. Definitions The definitions and explanations presented here are limited to key terms to show the standard's range of coverage. Readers seeking more detailed information should contact their State agency that regulates pesticides or their regional EPA office and consult Title 40 Code of Federal Regulations, Part 170, and Title 7 United States Code. Agricultural establishment means any farm, forest, nursery, or greenhouse (40 CFR). Agricultural employer means any person who hires or contracts for the services of workers, for any type of compensation, to perform activities related to the production of agricultural plants, or any person who is an owner of or is responsible for the management or condition of an agricultural establishment that uses such workers (40 CFR). Agricultural emergency means a sudden occurrence or set of circumstances that the agricultural employer could not have anticipated and over which the agricultural employer has no control, requiring entry into a treated area when no alternative practices would prevent or mitigate a substantial economic loss (a loss in profitability greater than that which is expected based on the experience and fluctuations of crop yields in previous years). The State, tribal, or Federal agency having jurisdiction must declare the existence of circumstances that could cause an agricultural emergency on that agricultural establishment (40 CFR). Agricultural plant means any plant grown or maintained for commercial, research, or other purposes. Included in this definition are food, feed and fiber plants, trees, turfgrass, flowers, shrubs, ornamentals, and seedlings (40 CFR). Farm means any operation, other than a nursery or forest, engaged in the outdoor production of agricultural plants (40 CFR, Section 170.3). Forest means any operation engaged in the outdoor production of any agricultural plant to produce wood fiber or timber products (40 CFR). Greenhouse means any operation engaged in the production of agricultural plants inside anystructure or space that is enclosed with a nonporous covering and is of sufficient size to permit worker entry. Polyhouses, mushroom houses, rhubarb houses, and similar structures are included, but not malls, atriums, conservatories, arboretums, or office buildings where agricultural plants are present primarily for aesthetic or climatic modification (40 CFR). Hand labor means any agricultural activity performed by hand or with hand tools that causes a worker to have substantial contact with surfaces that may contain pesticide residues. Most hand labor activities, other than operating, moving or repairing irrigation or watering equipment, or scouting, are included (40 CFR). Handler means any person employed for any type of compensation who: (1) mixes, loads, transfers, applies, disposes of, or transports open containers of pesticides; (2) acts as a flagger; (3) cleans, adjusts, or repairs the parts of mixing, loading, or application equipment that may contain pesticide residues; (4) must enter an area being treated with pesticides to assist in the application of pesticides; (5) must enter a greenhouse or other enclosed area after the application of a fumigant, smoke, mist, fog, or aerosol product to operate ventilation equipment or to monitor air levels before the exposure level listed in the labeling or one of the ventilation criteria has been met; (6) must enter a treated area to move chemigation equipment (used to apply pesticides with irrigation water) before a REI has expired; or (7) must enter a treated area outdoors after application of any soil fumigant to adjust or remove soil covers such as tarpaulins (40 CFR). Immediate family includes only spouse, children, stepchildren, foster children, parents, stepparents, foster parents, brothers, and sisters (40 CFR). Nursery means any operation engaged in the outdoor production of any agricultural plant to produce cut flowers and ferns or plants that will be used in their entirety in another location. Such plants include, but are not limited to: flowering and foliage plants or trees; tree seedlings; live Christmas trees; vegetable, fruit, and ornamental transplants; and turfgrass produced for sod (40 CFR). Owner means any person who has a present possessory interest (fee, leasehold, rental, orother) in an agricultural establishment covered by this part, unless that person has both leased such agricultural establishment to another person and granted that same person the right and full authority to manage and govern the use of such agricultural establishment (40 CFR). Pesticide means "any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and (2) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant..." (EPA, 1988). Restricted entry interval means the time after the end of a pesticide application during which entry into the treated area is restricted (40 CFR). Treated area means any area to which a pesticide is being directed or has been directed (40 CFR). Worker means any person, including a self-employed person, who is employed for any type of compensation to perform activities relating to the production of agricultural plants on a farm or in a greenhouse, nursery, or forest. These activities include hand labor tasks (weeding, planting, cultivating, and harvesting) and other tasks in the production of agricultural plants (such as operating or moving irrigation equipment). While workers are performing pesticide handling activities, they are considered to be handlers subject to the requirements for handlers in the WPS (40 CFR and EPA, 1993a). Requirements for Workers Unless specifically stated in the WPS as an exception or an exemption, the standard covers all pesticide use on a farm or in a greenhouse, nursery, or forest that produces agricultural plants. The exceptions are related to specific types of application and the exemption, which is not a total exemption, applies to owners, operators, and their immediate family (see Appendix for more detail). Restrictions Associated with Pesticide Applications An agricultural employer must not allow or direct any person other than one who is an appropriately trained and equipped handler toenter or remain in an area during pesticide application. The standard is more detailed for operators of nurseries and greenhouses. The standard specifically states that there are no exemptions to this restriction. Entry Restrictions After any pesticide has been applied on an agricultural establishment, the agricultural employer must not allow or direct any worker to enter or remain in the treated area before the REI specified on the pesticide labeling has expired. Some exceptions apply to these entry restrictions: If an employer can assure that the worker will have no contact (not touch or be touched) with pesticide residues on treated surfaces of plants or in soil, water, or air. A worker may enter for short-term activities if the agricultural employer ensures that: 1. No hand labor is performed (moving or repairing irrigation or watering equipment not used to apply pesticides is not considered a hand operation). 2. The worker is in the treated area for no more than 1 hour in any 24-hour period. 3. No entry is allowed during the first 4 hours following pesticide application. 4. The worker must read or be informed, in language the worker understands, of all of the labeling requirements related to human hazards or precautions, first aid, symptoms of poisoning, personal protective equipment (PPE) specified for early entry, and any other safety requirements. 5. Required PPE is provided to the worker and conforms to the requirements of the standard for type of equipment, proper maintenance, and proper use by the worker. 6. Measures to prevent heat-related illness must be instituted, when necessary, if personal protective clothing is required. 7. A decontamination site is provided. 8. No worker is allowed or directed to wear or take home PPE contaminated with pesticides. Notice of Application Agricultural employers are required to notify workers of any pesticide application in greenhouses, on farms, or in nurseries unless the employer can assure that, from the start of application until the end of the REI, the worker will not enter, work in, remain in, walk through or within one-quarter mile of the treated farm, forest, or nursery area, or pass through the treated greenhouse. If the above assurances cannot be given to workers in greenhouses, all pesticide applications must be posted. If the above assurances cannot be given to workers on farms and in nurseries and forests, posted and oral warnings must be given to workers when the pesticide labeling requires them, and either posted or oral warnings must be given to workers when the pesticide labeling does not contain the posted and oral warning requirement. The standard is very specific about the content, design, and size of the posting sign; when an oral warning is to be given and the information to be given to workers; and the type of information that employers must provide about specific pesticide applications. Employers are required to provide information on the location and description of the treated area and the time during which entry is restricted, as well as provide warnings not to enter the treated area until the REI has expired (EPA, 1993b). Pesticide Safety Training An agricultural employer must assure that any worker entering a treated area during the REI or within 30 days of the expiration of the REI has been properly trained in accordance with the standard. The exception to this requirement is an employee who is a certified applicator or who has received handler training specified in the standard. Pesticide Safety Poster An agricultural employer must display a safety poster where it can be readily seen and read by the workers. The poster must remain legible and contain basic pesticide safety concepts (specified in the standard), list emergency medical care information (address and telephone number), and be updated promptly when there is any change in the emergency care information. Decontamination An agricultural employer must provide a decontamination site for washing off pesticide residue whenever workers are required to enter a treated area during the REI and the 30-day period after its expiration. The decontamination site must have enough water for washing [Water must be of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed.], soap, single-use towels, and eye-flush dispenser (unless worker carries one). The site cannot be located in an area being treated or under an REI and cannot be more than one-quarter mile from the workers (the standard contains some exceptions to the one-quarter mile limit). Emergency Assistance If there is reason to believe that a worker has been poisoned or injured by pesticides, the employer must make prompt transportation to a medical facility available to the worker. On request the employer must provide, to either the worker or medical personnel providing treatment, information about the product including EPA registration number, active ingredients in any product the worker might have been exposed to in the past 30 days, antidote and other first aid information from the product labeling, and information about the application and the exposure of workers to the pesticide. Requirements for Handlers The general applicability and exceptions and exemptions in the requirements for handlers and workers are the same. However, the requirements for handlers have specific differences. Restrictions During Application The handler employer must assure that: No pesticide is applied so as to contact any worker (directly or through drift) other than an appropriately trained and equipped handler. Workers handling highly toxic pesticides are monitored visually or by voice communication at least every 2 hours. Any worker who handles a fumigant in a greenhouse, including a handler entering before acceptable safe entry criteria have been met, maintains continuous visual or voice contact with another handler who has immediate access to the required PPE if rescuing the handler in the greenhouse becomes necessary. Notice of Application to Agricultural Employers Prior to applying any pesticide on an agricultural establishment, a handler employer must provide the following information to an agricultural employer or be assured that the agricultural employer is aware of the specific time, date, location, and description of the pesticide-treated area, labeling requirements relating to protection of workers during or after application, product name, EPA registration number, active ingredients, REI, and notification requirements. Pesticide Safety Training A handler employer must assure that each handler is properly trained in pesticide safety by a qualified trainer. The minimum pesticide training required, as well as the criteria for qualified trainers, is specified in the standard. Certified handlers and handlers who have been trained under 40 Code of Federal Regulations, Part 171 are exempt from this requirement. Knowledge of Labeling Information A handler employer must assure that handlers understand all of the labeling requirements related to safe use of pesticides before any handling activity takes place. The handler must also have access to the product labeling information during handling activities. Safe Operation of Equipment A handler employer must assure that handlers are instructed in the safe operation of all equipment they will be using. It is the handler-employer's responsibility to assure that the equipment is working properly and to inform employees, when appropriate, that the equipment may be contaminated with pesticides and to explain the correct way to handle such equipment. Personal Protective Equipment Any person handling a pesticide must use the clothing and PPE specified on the label for product use. Characteristics of protective clothing and PPE are specified in the standard, as are exceptions to PPE specified on product labeling. The handler employer must take appropriate measures to prevent heat-related illnesses. Decontamination A handler employer must provide a decontamination site (as specified in the standard) for washing off pesticides and pesticide residues during any handling activity. Emergency Assistance A handler employer must provide the same emergency assistance to handlers as discussed for workers. Implementation The requirements of WPS are being phased into effect (EPA, 1992b). First, labeling requirements went into effect on April 21, 1993. Before that date, EPA did not allow the statements required by the WPS to be on labels. The October 22, 1992-April 21, 1993 period allowed EPA to inform registrants how to correctly revise their labels and to inform end-users about the label-specific requirements by which they must abide. The following label-specific requirements must appear on pesticide labels: PPE (must be worn, but the employer is not required to provide, clean, or maintain until after April 15, 1994) (EPA, 1993a), the REI, and, on some pesticide labels, a requirement to provide both oral warnings (location and description of treated area, REI, and not to enter during REI) and a treated area posting (at entrance to treated area) (EPA, 1992b and EPA, 1993a). When these requirements appear on pesticide labels, all end-users must meet them unless exempt. Exempt end-users should voluntarily obey the requirements because of the dangers of pesticide exposure. Second, beginning April 15, 1994, the generic requirements will be enforced. Generic requirements are intended to eliminate exposure to pesticides and to inform employees about the occupational hazards of pesticides. These require employers to make sure that employees are provided with: A display of information at a central location (WPS safety poster, the location of emergency medical facilities, and a list of recent pesticide applications). A decontamination facility. Pesticide safety training. Details of information exchanges between employers of agricultural workers and employers of commercial (for-hire) pesticide applicators. Notice about pesticide applications and information about pesticides used. Monitoring of handlers who are using highly toxic pesticides. Instruction on equipment safety, including inspection and maintenance. Instruction on the cleaning, inspection, and maintenance of PPE. Special instructions for handlers, including labeling information and safe operation of application equipment. Special application restrictions in nurseries and greenhouses. Emergency assistance when required (EPA, 1992a and EPA, 1993b). EPA is preparing manuals, slide sets, videos, and other materials designed to assist employers in complying with WPS (EPA, 1993b). Many of these materials will be available through State and county offices of the Cooperative Extension Service (EPA, 1993b). Enforcement States have primary enforcement responsibility for pesticide use violations if the Administrator of EPA determines the State: (1) has adopted adequate pesticide use laws and regulations; (2) has adopted or is implementing adequate procedures for the enforcement of its laws and regulations; and (3) has kept records and made reports showing compliance with (1) and (2) above, as the Administrator may require by regulation (EPA, 1988). The Administrator of EPA may also enter into cooperative agreements with States and Indian tribes to delegate the authority to cooperate in the enforcement of FIFRA (EPA, 1988). Violations of the WPS carry both civil and criminal penalties. References 40 Code of Federal Regulations (40 CFR). Oliveira, Victor J. (Oliveira, 1991). Hired and Contract Labor in U.S. Agriculture, 1987. AER-648. U.S. Dept. Agr., Econ. Res. Serv., May 1991. Runyan, Jack L. (Runyan, 1992). A Summary of Federal Laws and Regulations Affecting Agricultural Employers, 1992. AIB-652. U.S. Dept. Agr., Econ. Res. Serv., August 1992. U.S. Environmental Protection Agency (EPA, 1988). The Federal Insecticide, Fungicide, and Rodenticide Act as Amended. 1988. U.S. Environmental Protection Agency, Office of Pesticide Programs (EPA, 1992a). Regulatory Impact Analysis of Worker Protection Standard for Agricultural Pesticides. August 1992. U.S. Environmental Protection Agency, Office of Prevention, Pesticides, and Toxic Substances (EPA, 1992b). Questions and Answers, Worker Protection Standards. August 1992. U.S. Environmental Protection Agency, Office of Prevention, Pesticides, and Toxic Substances (EPA, 1993a). The Worker Protection Standard for Agricultural Pesticides, How Soon Do You Need to Comply? March 1993. U.S. Environmental Protection Agency, Office of Prevention, Pesticides, and Toxic Substances (EPA, 1993b). Worker Protection Standard Implementation. April 1993. Appendix: Exceptions and Exemptions to the Worker Protection Standard for Agricultural Pesticides Exceptions Exceptions to the WPS are for pesticide application on an agricultural establishment in the following circumstances (40 CFR): For mosquito abatement, Mediterranean fruit fly eradication, or similar wide-area public pest control programs sponsored by governmental entities. On livestock or other animals, or in or about animal premises. On plants grown for other than commercial or research purposes, which may include plants in habitations, home fruit and vegetable gardens, and home greenhouses. On plants that are in ornamental gardens, parks, and public and private lawns and grounds that are only intended for aesthetic purposes or climatic modification. By injection directly into agricultural plants. Direct injection does not include "hack and squirt," "frill and spray," chemigation, soil-incorporation, or soil injection. In a manner not directly related to the production of agricultural plants, including, but not limited to, structural pest control, control of vegetation along rights-of-way and in noncrop areas, and pastures and rangeland use. For control of vertebrate pests. As attractants or repellents in traps. On the harvested portions of agricultural plants or on harvested timber. For research uses of unregistered pesticides. Exemptions Exemptions from specific sections of the WPS apply only to owners of agricultural establishments and members of their immediate family while they are performing tasks related to the production of agricultural plants on their own agricultural establishments (40 CFR). These exemptions apply to the sections of the WPS covering the following: Entry during a REI for short-term activities. Entry during a REI for an agricultural emergency. Entry during a REI for an EPA-granted exception. Notice of application. Providing specific information about applications. Pesticide safety training. Posted pesticide safety information. Decontamination. Emergency assistance.