Exception to Worker Protection Standard Early Entry Prohibition for Hand Labor Tasks Performed on Cut Flowers and Cut Ferns AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed exception to rule; request for comment. ---------------------------------- SUMMARY: EPA is considering an exception to the Worker Protection Standard, published elsewhere in this issue of the Federal Register, that would allow, under specified conditions, early entry to perform routine hand labor tasks on cut flowers and cut ferns. DATES: Comments, data, or evidence should be submitted on or before September 21, 1992. ADDRESSES: Comments should be submitted in triplicate and addressed to the Document Control Officer (H7506C), Office of Pesticide Programs, Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. All comments should bear the document control number OPP-300164E and will be available for public inspection from 8:30 a.m. to 4 p.m., Monday through Friday, at the OPP Document Control Office, Rm. 1132, Crystal Mall 1B2, 1921 Jefferson Davis Highway, Arlington, VA. FOR FURTHER INFORMATION CONTACT: James J. Boland, Acting Chief, Occupational Safety Branch (H7506C), Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, (703) 305-7666. SUPPLEMENTARY INFORMATION: I. Background Section 170.112(e)(2) of the Worker Protection Standard (40 CFR part 170), which is published elsewhere in this issue of the Federal Register, provides a mechanism for considering exceptions to the provision in the Standard prohibiting early entry to perform routine hand labor tasks. Information that the Agency received from the cut flower and cut fern industry during the comment period for the Notice of Proposed Rulemaking for 40 CFR parts 156 and 170, the Worker Protection Standard for agricultural pesticides, has persuaded EPA that there could be substantial economic repercussions if routine hand labor tasks were prohibited during the restricted-entry interval. The Agency has reviewed the information received on the subject and is inclined to grant an exception to such a prohibition for this industry, because, in light of the economic benefits and new conditions of entry that would be imposed, the Agency believes it is likely that early entry would not pose unreasonable risks to workers in this industry. II. Evidence Rose growers (and other cut flower growers) opposed the proposed restricted-entry intervals because of the economic burden that would result to their industry. Several comments emphasized the need to cut the roses twice a day, 365 days a year. The comments stated that roses are sprayed on a weekly or biweekly basis and that not cutting flowers 26 to 50 days a year would be economically disastrous. One grower estimated that a 1 to 2-day restricted-entry interval would cause at least a 10- to 15-percent crop loss. Roses, Inc., estimated the crop loss would represent 14 percent of annual sales or, on average, a loss of more than $35,000 per year per acre. Several comments suggested that reentry for tending floral crops be allowed after sprays dry, in normal work attire, for not more than 3 hours per worker per day. Others requested that entry to treated areas be allowed for not more than 1 hour in 24 hours per worker so that flowers could be tended. III. Agency's Preliminary Findings The Agency believes that the cut flower and cut fern industry must have frequent access to harvest and tend to this time-sensitive crop. However, the Agency has no basis for reducing or eliminating restricted-entry intervals on these crops. EPA is not aware of any substitute practice that could be used to avoid the economic burden to the industry. The Agency believes that the projected economic costs due to a prohibition of early entry to perform hand labor tasks are higher than the costs of sending workers in during the restricted-entry interval and providing them with the required early entry protections, including decontamination facilities, specific information, heat- stress avoidance, and providing, cleaning, and maintaining the personal protective equipment. To avoid excessive economic burden to the cut flower industry, the Agency is inclined to allow early entry, under certain conditions, to perform hand labor tasks on cut flowers or cut ferns, such as harvesting, pruning, disbudding, and watering. The Agency believes that, in this situation, the use of personal protective equipment, accompanied by a limitation on worker-exposure time, accessible decontamination facilities, label-specific and general pesticide safety instruction, and, often, shade and mechanical cooling devices, will reduce the risk of excessive pesticide exposure for these workers. The Agency expects this exception would have no geographic or time limitations, because these crops are throughout the country and EPA has no basis to believe a time limitation is appropriate. The following additional factors also influenced the Agency's tentative conclusion: (1) Personal protective equipment would be worn for only limited periods of time because the tasks to be performed are of short duration; (2) the tasks to be performed could be accomplished in a reasonably efficient manner while wearing personal protective equipment, including coveralls, chemical-resistant gloves (possibly underneath leather gloves), chemical-resistant footwear and headgear, and safety glasses; (3) the accessibility, usual in this industry, of running water for decontamination and heat stress alleviation; and (4) the availability, also usual in this industry, of shade, fans, or other mechanical ventilation to provide some cooling. The Agency is therefore persuaded that early entry with personal protective equipment is feasible and likely to provide adequate reduction of risks to the workers in the cut flower and cut fern industry. IV. Proposed Terms of Exception Under the exception to 170.112(a)(1) of the Worker Protection Standard that the Agency is considering, workers could carry out hand labor tasks associated with the cultivation and harvesting of cut flowers and cut ferns if the requirements of 170.112(c)(3) through (c)(9) are met, i.e., (1) No entry takes place for the first 4 hours after the application and, thereafter, until any exposure level listed on the labeling has been reached or any ventilation criteria established by the Worker Protection Standard or in the labeling has been met; (2) the personal protective equipment required for early entry is provided, cleaned, and maintained for the worker; (3) the required decontamination and change areas are provided; (4) the required basic training and label-specific information have been furnished; and (5) measures to prevent heat-related illness are implemented, when appropriate. In addition, for this specific exception for cut flowers and cut ferns the time in treated areas for each worker could not exceed 3 hours in any 24-hour period. V. Comments Solicited The Agency is interested in a full range of comments and information on this proposed exception and grants 30 days for interested parties to comment. The Agency particularly welcomes comments supported by information, such as evidence demonstrating whether the risks to workers would be acceptable, whether the use of personal protective equipment in these circumstances would be feasible, and whether there are feasible alternative practices that would make routine early entry unnecessary. The Agency also would welcome any additional information concerning the likely economic impact on this industry of a prohibition of routine hand labor tasks during the restricted-entry intervals. Dated: August 13, 1992. William K. Reilly, Administrator. [FR Doc. 92-20007 Filed 8-19-92; 10:31 am] BILLING CODE 6560-50-F