Pesticides and Pest Control Operations

Subchapter 3. Pesticide Worker Safety

Article 1. General Scope and Purpose

This group specifies work practices for:
(a) employees who mix, load, apply, store, transport, or otherwise handle pesticides for any use, except for manufacturing, formulating or repackaging of pesticides; and
(b) for employees who are exposed to residues of pesticides after application to fields. The requirements of this group do not allow a lower standard of protection when pesticide labeling statements require a higher standard of protection.
The requirements of this group do not apply to storage and transportation of pesticides in the manufacturer's sealed or closed container. In general, the work practices and safety requirements stated in this group are designed to reduce risk of exposure and to ensure availability of medical services for employees who handle pesticides, and to provide safe working conditions for field and other workers.

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   Whenever the context will allow, the requirements of this subchapter should be interpreted at least as strict as, and consistent, with the Worker Protection Standards in Title 40 Code of Federal Regulations, Part 170. It is intended that these regulations, rather than those in Title 40 Code of Federal Regulations, Part 170, be enforced by the Department of Pesticide Regulation and county agricultural commissioners within the State of California. Any reference to Part 170, Code of Federal Regulations on pesticide product labeling shall be considered a reference to Title 3, Division 6, California Code of Regulations when use occurs within California.

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   (a) The employer shall comply with each regulation in this subchapter which is applicable to the employer's action or conduct.
   (b) The employer:
   (1) is responsible for knowing about applicable safe use requirements specified in regulations and on the pesticide product labeling;
   (2) shall inform the employee, in a language the employee understands, of thespecific pesticide being used, pesticide safety hazards, the personal protective equipment and other equipment to be used, work procedures to be followed, and pesticide safety regulations applicable to all activities they may perform;
   (3) shall supervise employees to assure that safe work practices, including all applicable regulations and pesticide product labeling requirements are complied with;
   (4) has the duty to provide a safe work place for employees and require employees to follow safe work practices; and
   (5) shall take all reasonable measures to assure that employees handle and use pesticides in accordance with the requirements of law, regulations, and pesticide product labeling requirements.
   (c) Employees shall utilize the personal protective equipment and other safety equipment required by pesticide product labeling or specified in this subchapter that has been provided by the employer at the work site in a condition that will provide the safety or protection intended by the equipment.

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In order to insure that rights granted to California employees by Chapter 1 of Division 5 of the California Labor Code are adequately provided to agricultural employees, including employee rights (1) to file confidential complaints alleging unsafe work conditions, (2) to have complaints promptly investigated, (3) to talk to inspectors or compliance officers, and to point out hazards during the inspection process, (4) to be notified of any relevant job hazard, and (5) to not be subject to any retaliation or discrimination because such employee has filed any complaint regarding an unsafe work condition, the director, commissioners, and the Department of Industrial Relations shall
cooperate in fully implementing any master agreements entered into between these parties which are designed to insure enforcement of employees' rights as well as any inspection protocols adopted pursuant to such master agreements.

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When there is a reasonable suspicion by the Director or commissioner that a specific workplace has been or may be unsafe for workers due to exposure to active or inert ingredients in pesticide products, or breakdown products of these ingredients, the director or commissioner may require the employer to prohibit entry of employees into that workplace. The director or commissioner may require the employer to provide medical supervision for the period of time necessary for the director to determine the safety of the workplace to protect employees who have been working in or will enter that workplace. This medical supervision may include biological monitoring of persons for possible over-exposure to pesticide product ingredients or breakdown products of these ingredients. The director or commissioner may also specify exposure time limits and protective clothing and equipment to be worn by employees under these circumstances.

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(a) No person shall conduct any study in which human subjects are to be experimentally exposed to pesticides, unless the director has approved the study. Each applicant shall give assurance  
(1) that the health of participants is not likely to be endangered,
(2) that participants shall be informed of the potential risks, and
(3) that all persons that might be exposed will be under medical supervision.
Any university or medical institution in California which has a Human Subjects Review Committee approved by the U.S. Department of Health and Human Services to review studies on human beings shall be considered to have complied with the above for studies as approved by the committee.
(b) The director shall deny approval for studies which do not meet the criteria specified in subsection (a). The director may consult the State Department of Health Services for advice regarding approval when he or she determines this to be necessary.
(c) Any recommendations by the Human Subjects Study Committee of the California Health and Welfare Agency for protecting the health of persons who may be exposed to pesticides shall be conditions on the approval of these studies.
(d) The commissioner or director may order any employee exposure in these studies to cease immediately and the director may summarily cancel approval whenever it is deemed advisable in the interest of employee or public safety.

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(a) The requirements of this article shall be complied with by the employer for the safety of employees handling pesticides.
(b) When only vertebrate pest control baits, solid fumigants (including aluminum phosphide, magnesium phosphide, and smoke cartridges), insect monitoring traps or non-insecticidal lures are handled, the employer is exempt from the requirements of Sections 6730 (Working Alone), 6732 (Change Area), and 6736 (Work Clothing).
(c) When antimicrobial agents, used only as sanitizers, disinfectants, or medical sterilants, or pool and spa chemicals are handled, the employer is exempt from complying with the provisions of this subchapter, provided the employer instead complies with any applicable requirements in the following corresponding provisions of Title 8, California Code of Regulations. Where the word "None" appears in the Title 8 column, the employer does not have to comply with the corresponding regulations specified in the Title 3 column.

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Editor's Note: PSIS leaflets A-8 and A-9 revised 11/20/96.

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(a) The operator of property used for the commercial or research production of an agricultural plant commodity shall display, at a central location, the following application-specific information while employees are employed to handle pesticides;
(1) Identification of the treated area;
(2) Time and date of the application;
(3) Restricted entry interval; and
(4) Product name, EPA registration number, and active ingredients.
(b) The information shall be displayed within 24 hours of the completion of an application and include all applications that have been made to any treated field on the agricultural establishment within 1/4 mile of where employees will be working. Once displayed, the information shall remain displayed until the area no longer meets
the definition of a treated field or handler employees will no longer be on the establishment, which ever occurs earlier.
(c) The original or copies of documents otherwise required to be maintained by this chapter may be used to meet the requirements of this section provided they contain the information required by this section.

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The employer shall assure that employees who handle pesticides have been trained pursuant to the requirements of this section and that all other provisions of this section have been complied with for employees who handle pesticides.
(a) The employer shall have a written training program. The training program shall describe the materials (e.g., study guides, pamphlets, pesticide product labeling, Pesticide Safety Information Series leaflets, Material Safety Data Sheets, slides, video tapes) and information that will be provided and used to train his or her employees and identify the person or firm that will provide the training. The training program shall address each of the subjects specified in subsection (b) that is applicable to the specific pesticide handling situation. The employer shall maintain a copy of the training program while in use and for two years after use, at a central location at the workplace.
(b) The training shall cover, for each pesticide or chemically similar group of pesticides, to be used:
(1) Format and meaning of information, such as precautionary statements about human health hazards, contained in pesticide product labeling;
(2) Hazards of pesticides, including acute and chronic effects, delayed effects, and sensitization, as identified in pesticide product labeling, Material Safety Data Sheets, or Pesticide Safety Information Series leaflets;
(3) Routes by which pesticides can enter the body;
(4) Signs and symptoms of overexposure;
(5) Emergency first aid for pesticide overexposure;
(6) How to obtain emergency medical care;
(7) Routine and emergency decontamination procedures, including spill clean up and the need to thoroughly shower with soap and warm water after the exposure period;
(8) Need for, limitations, appropriate use, and sanitation, of, any required personal protective equipment;
(9) Prevention, recognition, and first aid for heat related illness;
(10) Safety requirements and procedures, including engineering controls (such as closed systems and enclosed cabs) for handling, transporting, storing, and disposing of pesticides;
(11) Environmental concerns such as drift, runoff, and wildlife hazards;
(12) Warnings about taking pesticides or pesticide containers home;
(13) Requirements of this chapter and chapter 4 relating to pesticide safety, Material Safety Data Sheets, and Pesticide Safety Information Series leaflets;
(14) The purposes and requirements for medical supervision if organophosphate or carbamate pesticides with the signal word "DANGER" or "WARNING" on the labeling are mixed, loaded, or applied for the commercial or research production of an agricultural plant commodity;
(15) The location of the written Hazard Communication Information For Employees Handling Pesticides (Pesticide Safety Information Series leaflet A-8), other Pesticide Safety Information Series leaflets, and Material Safety Data Sheets;
(16) The employee's rights, including the right;
(A) To personally receive information about pesticides to which he or she may be exposed;
(B) For his or her physician or employee representative to receive information about pesticides to which he or she may be exposed; and
(C) To be protected against retaliatory action due to the exercise of any of his or her rights.
(c) The training shall be in a manner the employee can understand, be conducted pursuant to the written training program, and include response to questions.
(d) Training shall be completed before the employee is allowed to handle pesticides, continually updated to cover any new pesticides that will be handled, and repeated at least annually thereafter. Initial training may be waived if the employee submits a record showing that training meeting the requirements of this section and covering the
pesticides and use situations applicable to the new employment situation was received within the last year. A certified applicator is considered trained for the purposes of this section.
(e) The date and extent of initial and annually required training given to the employee and the job to be assigned shall be recorded. This record shall be verified by the employee's signature and retained by the employer for two years at a central location at the workplace accessible to employees.
(f) The person conducting the training for employees who will be handling pesticides for the commercial or research production of an agricultural plant commodity shall be qualified as one of the following:
(1) A California certified commercial applicator;
(2) A California certified private applicator;
(3) A person holding a valid County Biologist License in Pesticide Regulation or Investigation and Environmental Monitoring issued by the Department of Food and Agriculture;
(4) A farm advisor employed by the University of California Cooperative Extension;
(5) A person who has completed an "instructor trainer" program presented by one of the following:
(A) the University of California, Integrated Pest Management Program after January 1, 1993; or
(B) other instructor training program approved by the Director;
(6) A California licensed Agricultural Pest Control Adviser;
(7) A California Registered Professional Forester; or
(8) Other trainer qualification approved by the Director.

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Editor's Note: Provide to that person or to treating medical personnel, promptly upon request, any obtainable information on:
(1) Product name, EPA registration number, and active ingredients of any product to which that person might have been exposed.
(2) Antidote, first aid, and other medical information from the product labeling.
(3) The circumstances of handling of the pesticide
(4) The circumstances of exposure of that person to the pesticide.

40 CFR 170.160 (fieldworkers), 170.260 (handlers)

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(a) An employee mixing, loading or applying a pesticide in toxicity category one for production of an agricultural commodity may not work alone during daylight hours unless personal, radio, or telephone contact is made to a responsible adult at int ervals not exceeding two hour.
(b) An employee mixing, loading or applying a pesticide in toxicity category one for production of an agricultural commodity may not work alone during nighttime hours unless personal, radio, or telephone contact is made to a responsible adult at interv als not exceeding one hour.
(c) A pilot, mixer-loader, and/or flagger team shall be considered as working together. In the case of two ground applicators working in the same field, no additional person is necessary if they can see each other or each other's application vehicles

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For any employee who regularly handles pesticides with the signal work "DANGER" or "WARNING", and
for all employees who handle any pesticides for the commercial or research production of an agricultural plant
commodity, the employer shall assure th at there is, at the place where employees end their exposure period and
remove their personal protective equipment, an area where employees may change clothes and wash themselves.
Clean towels, soap, and sufficient water shall be available to allow for th orough washing. The employer shall
provide a clean, pesticide-free place where employees may store any personal clothing not in use while at work
handling pesticides

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(a) The employer shall assure that sufficient water, soap and single use towels for routine washing of hands and face and for emergency eye flushing and washing of the entire body are available for employees as specified in this section.
(1) This water shall 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, and shall be stored separate from water for mixing with pesticides unless the tank holding water for mix ing with pesticides is equipped with appropriate valves to prevent back flow of pesticides into the water.
(2) One clean change of coveralls shall be available at each decontamination site.
(b) The decontamination site for employees handling pesticides for the commercial or research production of an agricultural plant commodity shall be at the mixing/loading site and not more than 1/4 mile (or at the nearest point of vehicular access) fro m other handlers, except that the decontamination site for pilots may be at the loading site regardless of distance from where the pilot is working. The decontamination site shall not be in an area being treated or under a restricted entry interval unless :
(1) The handlers for whom the site is provided are working in that area being treated or under a restricted entry interval;
(2) The soap, towels, and extra change of coveralls are in an enclosed container; and
(3) The water is running tap water or enclosed in a container.
(c) One pint of water for emergency eye flushing shall be immediately available (carried by the handler or on the vehicle or aircraft the handler is using) to each employee handling pesticides for the commercial or research production of an agricultura l plant commodity if the pesticide product labeling requires protective eyewear.
(d) The decontamination site for employees handling pesticides for uses other than the commercial or research production of an agricultural plant commodity shall be within 100 feet of the mixing/loading site when they are handling pesticides with the s ignal word "DANGER" or "WARNING" on the label.

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(a) The employer shall provide coveralls for each employee who handles any pesticide with the signal word "DANGER" OR "WARNING" on the label except as provided in 6738 (i).
(b) The employer shall assure that:
(1) Employees start each work day wearing coveralls whenever they handle pesticides with the signal word "DANGER" OR "WARNING";
(2) Employees wear coveralls whenever they handle pesticides with the signal word "DANGER" or "WARNING" except as provided in 6738 (i);
(3) Employees change out of their coveralls and wash at the end of the work day;
(4) Potentially contaminated coveralls removed at the worksite or headquarters are not taken home by employees; and
(5) Employees whose work day does not involve return to the employer's headquarters, remove and store potentially contaminated coveralls in a sealable container outside of their own living quarters for later return to the employer.
(c) This section does not apply to employees using fumigants unless the pesticide product labeling expressly requires the use of coveralls.

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(a) The employer shall:
(1) Provide all required personal protective equipment, provide for its daily inspection and cleaning (according to pesticide labeling instructions or, absent any instructions, washed in detergent and hot water), and repair or replace any worn, damaged , or heavily contaminated personal protective equipment. Leather gloves previously used to apply only aluminum phosphide or magnesium phosphide pesticides and which have been aerated for 12 hours or more shall be considered cleaned;
(2) Assure that all clean personal protective equipment, when not in use, is kept separate from personal clothing and in a pesticide free, specifically designated place;
(3) Assure that appropriate measures are taken to prevent heat related illness when necessary;
(4) Assure that personal protective equipment is used correctly for its intended purpose;
(5) Discard any absorbent materials that have been drenched or heavily contaminated with a pesticide with the signal word "DANGER" or "WARNING";
(6) Keep and wash potentially contaminated personal protective equipment separately from other clothing or laundry;
(7) Assure that all clean personal protective equipment is either dried thoroughly before being stored or is put in a well ventilated place to dry.
(8) Assure that personal protective equipment remains the property of the employer and that pesticide handlers are not allowed or directed to take potentially contaminated personal protective equipment into their homes;
(9) Assure that any person or firm assigned or hired to clean or repair potentially contaminated personal protective
equipment is protected and informed in accordance with the requirements of section 6744 (Equipment Maintenance).
(b) The employer shall assure that:
(1) Employees wear protective eyewear when required by pesticide product labeling or when employees are engaged in:
(A) Mixing or loading except as provided in 6738 (i);
(B) Adjusting, cleaning, or repairing mixing, loading, or application equipment that contains pesticide in hoppers,
tanks or lines;
(C) Hand application, except when;
Applying vertebrate pest control baits that are placed without being propelled from application equipment, or solid
fumigants (including aluminum phosphide, magnesium phosphide, and smoke cartridges) to vertebrate burrows, baiting insect monitoring tra ps or applying non-insecticidal lures; or
(D) Ground application using vehicle mounted or towed equipment except when:
1. Injecting or incorporating pesticides into soil using vehicle mounted or towed equipment;
2. Spray nozzles are located below the employee and the nozzles are directed downward; or
3. Working in an enclosed cab; or
(E) Flagging, except when the flagger is in an enclosed cab.
(2) Whenever protective eyewear is required, one of the following types of eyewear is worn:
(A) Safety glasses that provide front, and supplemental brow and temple protection (Common eyeglasses, including sunglasses, do not meet this requirement);
(B) Goggles;
(C) Face shield;
(D) Full face mask used in conjunction with respiratory protection; or
(E) Visor (for aircraft operation only).
(c) The employer shall assure that:
(1) gloves are worn when required by the pesticide product labeling or, unless the pesticide product labeling specifies that gloves must not be worn, when employees are engaged in:
(A) Mixing or loading except as provided in 6738 (i);
(B) Adjusting, cleaning, or repairing contaminated mixing, loading, or application equipment; and
(C) Application by hand or using hand-held equipment, except when applying vertebrate pest control baits using long handled implements that avoid actual hand contact with the bait or potentially contaminated areas on equipment.
(2) If a specific type of glove is not specified on product labeling for the pesticide being handled, gloves made of rubber, neoprene, or other chemical resistant material that provided equivalent or better protection are used. Gloves or glove linings of leather, cotton, or other absorbent materials shall not be worn unless expressly permitted by pesticide product labeling. If chemical resistant gloves with sufficient durability and suppleness are not available, leather gloves may be worn over chemical resistant glove liners. Once leather gloves have been used for this purpose, they shall not be worn in any other situation.
(d) The employer shall assure that:
(1) When chemical resistant footwear is specified by the pesticide product labeling, one of the following types of footwear is worn:
(A) Chemical resistant shoes;
(B) Chemical resistant boots; or,
(C) Chemical resistant coverings worn over boots or shoes.
(2) For aircraft operations, chemical resistant footwear need not be worn.
(e) The employer shall assure that when chemical resistant headgear is specified by the pesticide product labeling, either a chemical resistant hood or a chemical resistant hat with a wide brim is worn. For aircraft operation, a helmet may be substitut ed for chemical resistant headgear.
(f) The employer shall assure that when a chemical resistant apron is specified by the pesticide product labeling, a garment that covers the front of the body from mid-chest to the knees is worn.
(g) The employer shall assure that:
(1) When pesticide product labeling or regulations specify a chemical resistant suit, waterproof or impervious pants and coat or a rain suit, a chemical resistant suit that covers the torso, head, arms, and legs is worn.
(2) If the ambient temperature exceeds 80deg. F during daylight hours or 85deg. F during nighttime hours (sunset to sunrise) pesticides requiring a chemical resistant suit are not handled by employees unless they are handled pursuant to exceptions and substitutions permitted in (i) or employees use cooled chemical resistant suits or other control methods to maintain an effective working environment at or below 80deg. F during daylight hours or 85deg. F during nighttime hours (sunset to sunrise).
(h) The employer shall assure that:
(1) Employees use approved respiratory protective equipment when pesticide product labeling or regulations require respiratory protection or when respiratory protection is needed to maintain employee exposure below an applicable exposure standard found in Title 8, California Code of Regulations, section 5155.
(2) Respiratory protection required by these regulations or labeling is currently approved by the National Institute for Occupational Safety and Health (NIOSH) and/or the Mine Safety and Health Administration (MSHA) for the specific chemical and exposu re condition. Proper selection of respirators shall be made following pesticide product labeling, or absent specific instruction, according to the guidance of National Standard Practices for Respiratory Protection: Z88.2-1980, or the American National Sta ndard Practices of Respiratory Protection During Fumigation: Z88.3-1983.
(3) Written operating procedures for selecting, fitting, cleaning and sanitizing, inspecting and maintaining respiratory protective equipment are adopted.
(4) Employees with facial hair that prevents an adequate seal are not assigned work requiring them to wear a respirator unless they are provided a respirator that does not rely on a face-to face piece seal for proper operation.
Respirators maintained for stand-by or emergency use are inspected monthly or before use if occasions for possible use are more than one month apart. A record of the most recent inspection shall be maintained on the respirator or its storage container.
(6) (A) Employees are informed, prior to beginning work, that certain medical conditions may interfere with wearing a respirator while engaged in potential pesticide exposure situations. A statement in substantially the following form shall be on file for each employee assigned to work that requires wearing a respirator.

To the best of my knowledge, I have______, have no ______ medical conditions which would interfere with wearing a respirator while engaged in potential pesticide exposure situations. I understand that heart disease, high blood pressure, lung disease or presence of a perforated ear drum are examples of conditions that require specific medical evaluation by a physician before safe use of a respirator can be determined.

_______________________________ _______________________________

(B) If an employee checks that he or she has such a condition, a physician's report of evaluation and approval for respirator use is on file before work requiring respirator use is allowed. The following or substantially similar statement from a physician is acceptable.

On_______________, I examined___________________________________.

At this time there is no medical contraindication to the employee named above wearing a respirator to allow working in potential pesticide exposure environments. (Other comments)

_________________________________ _________________________________

(7) Compressed air used in Self Contained Breathing Apparatus (SCBA) or for air-line type respirators meets or exceeds the requirements for Grade D breathing air as described in the Compressed Gas Association Commodity Specification G-7.1 (ANSI Z86.1-1 973).
(8) When air purifying-type respirators are required for protection against pesticides, the air purifying elements or entire respirator, if disposable, are replaced according to pesticide product labeling directions or respiratory equipment manufacture r recommendations, whichever provides for the most frequent replacement, or, absent any other instructions on service life, at the end of each day's work period. At the first indication of odor, taste, or irritation, the wearer leaves the area and checks the respirator for fit or function concerns or air purifying element replacement.
(i) The following exceptions and substitutions to personal protective equipment required by pesticide product labeling or regulations are permitted:
(1) Persons using a closed system to handle pesticide products with the signal word "DANGER" or "WARNING" may substitute coveralls, chemical resistant gloves, and a chemical resistant apron for personal protective equipment required by pesticide produc t labeling;
(2) Persons using a closed system to handle pesticide products with the signal word "CAUTION" may subtitute work clothing for personal protective equipment required by pesticide product labeling;
(3) Persons using a closed system that operates under positive pressure shall wear protective eyewear in addition to the personal protective equipment listed in (1) or (2). Persons using any closed ysstem shall have all personal protective equipment re quired by pesticide product labeling immediately available for use in an emergency;
(4) Persons properly mixing pesticides packaged in water soluble packets are considered to be using a closed (mixing) system for the purposes of this subsection;
(5) Persons occupying an enclosed cab (including cockpit) may substitute work clothing for personal protective equipment required by pesticide product labeling. If respiratory protection is required it must be worn, except in an enclosed cockpit;
(6) Persons occupying an enclosed cab (including cockpit) may substitute coveralls for personal protective equipment required by pesticide product labeling. If respiratory protection is required it must be worn, except in an enclosed cockpit;
(7) Persons working in an enclosed cab, as specified in (6) and (7), other than an aircraft, shall have all personal protective equipment required by pesticide product labeling immediately available and stored in a chemical resistant container, such as a plastic bag. Labeling-required personal protective equipment shall be worn if it is necessary to work outside the cab and contact pesticide treated surfaces in the treated area. Once personal protective equipment is worn in the treated area, it shall b e removed and stored in a chemical resistant container, such as a plastic bag, before reentering the cab;
(8) A chemical resistant suit may be substituted for coveralls and/or a chemical resistant apron; and
(9) Pest control aircraft pilots are not required to wear gloves during operation but gloves shall be worn by any person entering or exiting an aircraft contaminated with pesticide residues. While in the cockpit, gloves shall be carried in a chemical r esistant container, such as a plastic bag.

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Whenever natural light in mixing/loading area is not adequate to allow an employee to read the label and work in a safe manner, artificial light shall be provided in such areas which is sufficient to perform these activities.

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(a) The employer shall assure that equipment used for mixing, loading, transferring, or applying pesticides is inspected before each day of use and equipment with any safety defect is repaired or altered to remove the hazard before further use.
(b) (1) All openings on tanks used for mixing or applying pesticides shall be equipped with covers that will prevent splashes and spills.
(2) Flexible hoses carrying liquid pesticides in toxicity categories one or two under pressure shall not pass unshielded through the cockpit of an airplane or helicopter.
(3) Shut-off devices shall be installed on the exit end of all hoses carrying liquid pesticides in toxicity categories one or two from mixing tanks that are adequate to prevent splashes onto the employee doing the loading when filling operations are st opped and the filler hose is removed from the inlet to the tank of the application vehicle. As an alternative, a reversing action pump or a similar system, may be used that will empty the hose and eliminate dripping of liquid from the end of the hose when the filling operation is stopped.
(4) Each tank with a capacity of more than 49 gallons, that is used to mix or apply any liquid mixture derived from a pesticide in toxicity categories one or two, shall have either,
(A) A properly functioning means to indicate externally the internal liquid level in the tank such as a sight gauge; or
(B) The tank or the filler hose nozzle shall have a device that will automatically stop the filling operation before the pesticide liquid mixture spills over the top.

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Persons who own or operate pesticide mixing, loading, or application equipment shall inform each employee under their control who may be involved in the cleaning, servicing or repair of that equipment of the hazards of the pesticides that person ma y encounter and the methods of protecting against personal injury. If such cleaning, servicing or repairing is to be performed by persons not under the control of the owner or operator of the equipment, he shall so notify the person in charge of performin g these services. Employees who clean, service, or repair mixing the application equipment shall be provided with any necessary protective equipment or clothing by the employer, and shall be instructed and supervised in the maintenance operation in a mann er that will reduce work hazards.

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Sec. 6746. Closed systems.

(a) Employers shall provide closed systems for employees that mix or load liquid pesticides in toxicity category one, or load diluted liquid mixes derived from dry pesticides in toxicity category one, for the production of an agricultural commodity . No employee shall be permitted to transfer, mix, or load these pesticides except through a closed system. The system's design and construction shall meet the director's closed system criteria.
(b) The requirements of this section do not apply to:
(1) employees who handle a total of one gallon or less of pesticides in toxicity category one per day exclusively in original containers of one gallon or less; or
(2) regulatory personnel collecting samples of pesticides according to official sampling procedures.

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(a) Employers shall comply with the requirements of this article to protect employees who may enter treated fields.
(b) If only granular baits or attractants or repellents in traps have been applied in a field, the employer is exempt from the requirements of sections 6762 (Field Work During Application), 6764 (Fieldworker Training), 6766 (a) and (b) (Emergency Medic al Care), 6768 (Decontamination Facilities), 6770 (Entry After Pesticide Application), 6771 (Requirements for Early Entry Fieldworkers), 6772 (Restricted Entry Intervals), and 6776 (Field Posting).
(c) Pesticide applications for areawide public pest control programs sponsored by governmental agencies, such as for fruit fly eradication, and those made by vector control agencies operating under cooperative agreements with the State Department of He alth Services pursuant to section 116180 of the Health and Safety Code, and contractors of those agencies, are exempt from the requirements of this article.
(d) If only algaecides have been used to treat the irrigation system, the employer is exempt from the requirements of sections 6762 (Field Work During Application), 6764 (Fieldworker Training), 6766 (a) and (b) (Emergency Medical Care), 6768 (Decontami nation Facilities), 6770 (Field Entry After Pesticide Application), 6771 (Requirements for Early Entry Fieldworkers), 6772 (Restricted Entry Intervals), 6774 (Restricted Interval Adjustments), and 6776 (Field Posting).
(e) If pesticides have been applied only by injection directly into plants the employer is exempt from the requirements of this article. Direct injection does not include "hack and squirt" methods.

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(a) Whenever employees are working as field workers in a treated field, the employer shall display at the worksite, a copy of a completed written Hazard Communication Information for Employees Working in Fields (Pesticide Safety Information Series leaflet A-9). In the event that fieldworkers gather at a central location prior to transportation to the worksite, the Pesticide Safety Information Series leaflet A-9 may instead be displayed at that central location. Pesticide Safety Information Series l eaflet A-9 shall be written by the department in English and Spanish. Upon request, the employer shall read to the requesting employee, in a language understandable to that employee, Pesticide Safety Information Series leaflet A-9. Pesticide Safety Inform ation Series leaflets are available from the Department.
(b) The operator of the property shall maintain in a central location at the workplace accessible to employees, including the employees of labor contractors, who enter a treated field, the following:
(1) Pesticide use records specified in section 6624 (b), (c), (d) and (e) for pesticides that have been applied to the field within the last two years;
(2) A Material Safety Data Sheet (MSDS), as specified in Title 8, California Code of Regulations, section 5194, for each pesticide listed in the pesticide use records referred to in subsection (b) (1). If the MSDS is not provided by the registrant of a pesticide, the operator of the property shall:
(A) Within seven working days of a request for a MSDS from an employee, employee representative or employee's physician, make written inquiry to the registrant of the pesticide, asking that a MSDS be sent to the operator of the property. If the operato r of the property has made a written inquiry within the last twelve months as to whether the pesticide is subject to the requirement for a MSDS or the operator of the property has made a written inquiry within the last six months requesting new, revised o r later information on the MSDS, the operator of the property need not make additional written inquiry. A copy of the written inquiry shall immediately be sent to the person requesting the MSDS;
(B) Notify the requester of the availability of the MSDS or provide a copy of the MSDS to the requester within fifteen days of receipt of the MSDS from the registrant; and
(C) If a response has not been received from the registrant within twenty-five working days of the date the inquiry was made, send the Department a copy of the inquiry with a notation that no response has been received. The operator of the property is not precluded from obtaining and providing the MSDS utilizing other more expedient methods in lieu of those provided in this subsection.
(c) The operator of the property shall inform his or her employees, before they are allowed to enter a treated field, of the location and availability of any records, and other documents required by subsections (a) and (b). If the employees are employe d by a labor contractor, the operator of the property shall inform the labor contractor of the location, or changed location, of the records, and other documents. The labor contractor shall provide that information to his or her employees. If the location of the records, and other documents changes, the operator of the property and the labor contractor shall promptly inform his or her employees of the new location. The employer, including the labor contractor, shall also inform their employees that they, their physicians and their representatives have a right of access to the information and that the employees are protected against discharge or other discrimination due to the exercise of their rights under this section.
(d) The operator of the property shall provide, upon request of his or her employee, an employee of a labor contractor, employee representative, or an employee's physician, access to any records, documents and information required to be maintained by t his chapter. Access shall be granted as soon as possible and not to exceed forty-eight hours from the date of the request.

Editor's Note: PSIS leaflets A-8 and A-9 revised 11/20/96.

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(a) The operator of property used for the commercial or research production of an agricultural plant commodity shall display at a central location the following application-specific information, while employees are employed to work in fields:
(1) Identification of the treated area;
(2) Time and date of the application;
(3) Restricted entry interval; and
(4) Product name, EPA registration number, and active ingredients.
(b) The information shall be displayed within 24 hours of the completion of an application and include all applications that have been made to any treated field on the agricultural establishment within 1/4 mile of where employees will be working. The i nformation shall remain displayed until the area no longer meets the definition of a treated field or fieldworker employees will no longer be on the establishment, whichever occurs earlier.
(c) The original or copies of documents otherwise required to be maintained by this chapter may be used to meet the requirements of this section, provided they contain the information required by this section.

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(a) The requirements of this section are minimum requirements established by the U.S. Environmental Protection Agency and do not assure compliance with the general standard in section 6614 (Protection of Persons, Animals, and Property).
(b) No employer shall direct or allow any person, other than the persons making the application, to enter or remain in a treated area of a farm or forest during the application.
(c) No employer shall direct or allow any person, other than the persons making the application, to enter or remain in treated nurseries or greenhouses, as specified below.
(1) If the pesticide is applied in a nursery:
(A) By aircraft, in an upward direction, or at a pressure of more than 150 pounds per square inch, or is applied as a fumigant, smoke, fog, or aerosol, the prohibited area is the treatment site plus 100 feet in all directions within the confines of the property
(B) If the pesticide is applied downward from a height greater than 12 inches from the soil or other planting medium, as a fine spray, or using a pressure of more than 40 pounds per square inch, but not more than 150 pounds per square inch, or which re quires respiratory protection on the product labeling, the prohibited area is the treatment site plus 25 feet in all directions within the confines of the property.
(2) If the pesticide is applied in a greenhouse:
(A) As a space treatment (fumigant, smoke, fog, aerosol or mist) or is a pesticide for which the product labeling requires respiratory protection, the prohibited area, until ventilation criteria have been met, is the entire enclosed area plus any adjac ent area that is not sealed (sufficient to prevent pesticide transfer) from the treatment site.
(B) As a spray from a height greater than 12 inches from the soil or other planting medium, as a fine spray, or using a pressure of more than 40 pounds per square inch the prohibited area is the treatment site plus 25 feet in all directions within the enclosed area.
(3) Otherwise, in both nurseries and greenhouses, the prohibited area is the treatment site.

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(a) The employer shall assure that each employee assigned to work in a treated field has been trained within the last 5 years, in a manner the employee understands, before beginning work in the treated field.
(b) The training shall include the following information:
(1) Importance of routine decontamination and washing thoroughly after the exposure period;
(2) Restricted entry intervals and what posting means, including both California and federal field posting sign formats;
(3) Where pesticides are encountered, including treated surfaces in the field, residues on clothing, chemigation and drift;
(4) Routes of exposure;
(5) The hazards of pesticides, including acute effects, chronic and delayed effects, and sensitization effects;
(6) Common signs and symptoms of overexposure;
(7) First aid including decontamination, eye flushing, and obtaining emergency medical care;
(8) Warnings about taking pesticides or pesticide containers home;
(9) The hazard communication program requirements of section 6761; and
(10) Employee rights, including the right;
(A) To personally receive information about pesticides to which he or she may be exposed;
(B) For his or her physician or employee representative to receive information about pesticides to which he or she may be exposed; and
(C) To be protected against retaliatory action due to the exercise of any of his or her rights.
(c) An employee who holds a valid personal pesticide license or certificate issued by the department, a valid verification of training card issued under the authority of the U.S. Environmental Protection Agency, current documented pesticide handler tra ining pursuant to section 6724, or other valid certificate of pesticide training approved by the director is considered to be trained for the purposes of this section.
(d) The information shall be presented in a manner the employee can understand, orally from written materials or audio visually, using nontechnical terms. The trainer shall respond to employee questions.
(e) The person conducting the training shall be qualified as one of the following:
(1) A California certified applicator;
(2) A person holding a valid license or certificate of personal pesticide qualification issued by the department;
(3) A person who has completed an "instructor training" program presented by one of the following:
(A) the University of California, Integrated Pest Management Program, after January 1, 1993;
(B) other instructor training program approved by the director.
(4) A California Registered Professional Forester;
(5) A person holding a valid County Biologist License in Pesticide Regulation or Investigation & Environmental Monitoring issued by the California Department of Food and Agriculture;
(6) A farm advisor employed by the University of California Cooperative Extension; or
(7) Other valid trainer qualification approved by the director.

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(a) Emergency medical care for employees that enter fields that have been treated with pesticides shall be planned for in advance. The employer shall locate a facility where emergency care is available for employees who will be working in treated f ields.
(b) The employees or their supervisor in the field shall be informed of the name and location of a physician or medical facility where emergency medical care is available, and if the identified facility is not reasonably accessible from that work locat ion, the procedures to be followed to obtain emergency medical care.
(c) When there are reasonable grounds to suspect that an employee has a pesticide illness or when an exposure to a pesticide has occurred that might reasonably be expected to lead to an employee's illness, the employer shall ensure that the employee is taken to a physician immediately.

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(a) The employer shall assure that sufficient water (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, and single use towels for washing of hands and face and for emer gency eye flushing are reasonably accessible to all fieldworkers engaged in activities involving contact with treated surfaces in treated fields. The decontamination facilities shall be not more than 1/4 mile from the fieldworkers (or at the nearest point of vehicular access). Handwashing facilities provided in conjunction with toilet facilities pursuant to Title 8 California Code of Regulations, section 3457 (Field Sanitation), shall be considered adequate for the purposes of this section.
(b) The decontamination facilities shall not be in an area under a restricted entry interval unless the fieldworkers for whom the site is provided are performing early entry activities. The facilities shall not be in an area under treatment.

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When a pesticide with product labeling requiring respiratory protection for application is applied by any method, or when any pesticide is applied as a fumigant , smoke, mist, fog, or aerosol inside a greenhouse, ventilation shall continue until:
(a) The concentration is measured and found not to exceed any pesticide product labeling standard; or
(b) One of the following has occurred if there is no labeling standard:
(1) Ten air exchanges are complete;
(2) Two hours of mechanical ventilation, such as with fans;
(3) Four hours of passive ventilation, such as opening vents, windows or doors;
(4) Twenty-four hours with no ventilation; or
(5) Any combination of percentage portions, of (1), (2), (3), and (4) the sum of which equals 100%.

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(a) The employer shall not allow or direct any employee to enter or remain in a treated field before the restricted entry interval stated on pesticide product labeling or listed in section 6772 has expired except as provided in this section or othe rwise expressly authorized by the director pursuant to Title 40 Code of Federal Regulations, Part 170.112 (d) or (e).
(b) Employees may enter a treated field during a restricted entry interval to conduct pesticide handling activities, including soil incorporation (mechanical or watered-in), provided they are wearing the personal protective equipment specified on the p esticide product labeling for handling activities.
(c) An employee may enter a treated field during a restricted entry interval when there will be no contact with anything that has been treated, including soil, water, air, equipment, or plant surfaces, provided that inhalation exposure does not exceed any pesticide product labeling standard or, for greenhouses, the ventilation criteria in section 6769 have been met. Operating tractors or other equipment from inside an enclosed cab or when shields or other control methods, such as operator placement, ph ysically prevent contact of the employee with anything that has been treated is considered to be a "no contact" activity for the purposes of this section.
(d) An employee may enter a treated field during a restricted entry interval specified on pesticide product labeling to conduct limited contact activities (including limited contact irrigation) that are necessary and unforeseen, provided that:
(1) The restricted entry interval is not for a pesticide product with the requirement on the labeling for both oral notification of workers and the posting of treated fields (double notification);
(2) At least 4 hours have elapsed since the end of the application;
(3) Inhalation exposure does not exceed the applicable pesticide product labeling standard or the ventilation criteria in section 6769 have been met;
(4) Exposure is minimal and limited to the feet, legs (below the knees), hands, and forearms (below the elbows);
(5) The personal protective equipment specified on pesticide product labeling for early entry or the optional personal protective equipment of coveralls, socks, chemical resistant footwear, chemical resistant gloves, and protective eyewear (if required by the pesticide product labeling) is utilized;
(6) The time in treated fields under a restricted entry interval does not exceed 8 hours in any 24 hour period for each employee entering under this exception; and
(7) The employees are informed that this exception is being used and about the provisions of (2), (3), and (6) orally or by posting notice.
(8) This exception may not be used if the supporting exception granted by the U.S. Environmental Protection Agency is not in effect.
(e) An employee may enter a treated field during a restricted entry interval specified on pesticide product labeling to conduct other activities, not included in (b), (c), and (d) that do not involve hand labor provided that:
(1) At least 4 hours have elapsed since the end of the application;
(2) Inhalation exposure does not exceed any pesticide product labeling standard or the ventilation criteria in section 6769 have been met;
(3) The personal protective equipment specified on pesticide product labeling for early entry is used; and
(4) Entry does not exceed 1 hour in any 24 hour period for any employee.
(f) An employee may enter a treated field after the expiration of the restricted entry interval specified on pesticide product labeling and while a restricted entry interval specified in section 6772 is in effect as provided below:
(1) To conduct activities, other than hand labor, provided that employees are wearing work clothing with long sleeves and legs, shoes with socks, and gloves.

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(a) The employer shall assure that early entry fieldworkers are informed of pesticide product labeling requirements related to human hazards or precautions, first aid, symptoms of poisoning, use and care of personal protective equipment required fo r early entry into treated fields, the prevention, recognition, and first aid for heat-related illness, and the importance of washing thoroughly at the end of the exposure period.
(b) The employer shall provide all required personal protective equipment and provide for its cleaning (according to pesticide labeling instructions or, absent any instructions, washed in detergent and hot water), repair and replacement when it cannot be adequately cleaned or properly repaired. All personal protective equipment shall be inspected before each day of use. The employer shall assure that all personal protective equipment is kept separate from personal clothing, in a pesticide free, specifi cally designated place, when not in use. All required personal protective equipment required for fieldworker employees shall meet the applicable standards in section 6738.
(c) The employer shall assure that personal protective equipment is used correctly for its intended purpose.
(d) The employer shall assure that cleaned personal protective equipment is dried or stored in a well ventilated place to dry. The employer shall assure that contaminated personal protective equipment is kept and washed separately from other clothing o r laundry.
(e) Personal protective equipment shall remain the property of the employer. Early entry fieldworkers shall not be allowed or directed to take home pesticide contaminated personal protective equipment. The employer shall inform any person who cleans or launders personal protective equipment that the equipment may be contaminated, about the hazards presented, and how to properly handle and clean it.
(f) The employer shall assure that at least one pint of eyeflush water is immediately accessible (carried by the fieldworker or on the vehicle the fieldworker is using) to each fieldworker who is performing, during any restricted entry interval specifi ed on pesticide product labeling, early entry activities in a treated field for which the pesticide product labeling requires protective eyewear.
(g) The employer shall assure that early entry fieldworkers engaged in tasks pursuant to section 6770 (d) and (e) are provided, at the place where they remove personal protective equipment, sufficient water, soap, and clean towels so that they may wash thoroughly at the end of the exposure period.
(h) The employer shall assure that a clean, pesticide-free place for storing personal clothing and putting on personal protective equipment at the start of work and taking off personal protective equipment at the end of the exposure period is provided for early entry fieldworkers.
(I) The employer shall take appropriate measures to prevent heat related illness, when necessary.

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(a) The restricted entry intervals specified in this section shall be applied according to the following:
(1) Other restricted entry intervals are found on pesticide product labeling. In a case of an inconsistency between the pesticide product labeling and this section, the longer restricted entry interval shall be followed;
(2) If more than one restricted entry interval in this section is applicable to a given situation, the longer restricted entry interval shall apply, except as provided in section 6774;
(3) When reference is made to pounds of a pesticide in a restricted entry interval, the reference means pounds of active ingredient;
(4) A day is considered to be a 24-hour period beginning at the conclusion of the application to the identified field or portion of a field.
(b) The restricted entry intervals in days in the following table apply to the pesticide/crop combinations listed.

(A) This restricted entry interval applies to stone fruit only. Stone fruit does not include almonds.
(B) If the total Azinphos-methyl applied in the current calendar year is 1.0 pounds per acre or less, thinning may be done after 7 days.
(C) Applications of methomyl made after August 15 have a 21 day restricted entry interval. This interval may be terminated after 10 days if leaf samples tested pursuant to section 6774 (d) (4) show 0.1 micrograms per square centimeter or less of dislod geable foliar residue of methomyl.
(D) This restricted entry interval applies only when more than one pound per acre of parathion-methyl is applied.
(E) The restricted entry interval for non-encapsulated parathion-methyl on grapes in Monterey County is 6 days.
(F) The restricted entry interval for strawberries and field grown roses treated with propargite is 3 days.
(G) The restricted entry interval for cotton fields treated with propargite is 7 days. However, from the end of the restricted entry interval until the beginning of harvest, the employer shall assure that employees entering propargite treated cotton fi elds wear work clothing with long sleeves and legs and gloves.
(H) This restricted entry interval for sulfur applies from May 15 through harvest in the counties of: Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare; and during March and April in Riverside County.

INFORMATIONAL NOTE FOR SECTION 6772: The inclusion of a restricted entry interval in this section does not imply that the use of a pesticide is currently registered. Consult the pesticide product labeling for permitted registered uses.

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(a) The adjustments in this section apply only to restricted entry intervals specified in section 6772.
(b) Whenever a mixture of two or more organophosphate pesticides is applied, the restricted entry interval shall be lengthened by adding to the longest applicable restricted entry interval listed in 6772, 50 percent of the next longest applicable restr icted entry interval.
(c) When there is no foliage on the plant that has been treated by a pesticide and any crop or weed cover in the treated area is not over 4 inches in height, the restricted entry interval shall be reduced by 50 percent, but in no case to less than the restricted entry interval specified on the pesticide product labeling.
(d) A restricted entry interval may be shortened to not less than the restricted entry interval specified on the pesticide product labeling upon verification by the county agricultural commissioner that one of the following has occurred:
(1) Two inches of rainfall within any seven-day period following the pesticide application;
(2) The equivalent of two inches of rainfall has been applied evenly above all plants by sprinkler irrigation equipment within any seven-day period following the pesticide application;
(3) For tree crops, at least 50 gallons of water has been applied at one time under pressure and evenly distributed to each tree; or
(4) The plants have been tested by a procedure acceptable to the director and determined to have no residues or to have residue levels that the director considers not to be hazardous.
(e) Whenever the pesticide product labeling specifies that a restricted entry interval be adjusted when outdoor applications are made in areas that receive less than 25 inches of average annual rainfall, the restricted entry interval specified for the dry areas shall apply to all outdoor applications in the State. A county agricultural commissioner, upon presentation of valid rainfall data from an official governmental source showing that an area within his or her county receives 25 inches or more of a verage annual rainfall, may exempt that area from this requirement.

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(a) The operator of the property shall assure that signs are posted around treated fields in the following circumstances:
(1) Whenever required by pesticide product labeling, unless access to the treated field is controlled in a manner that assures no employee (other that the handlers making the application) will enter, work in, remain in, or walk within 1/4 mile during t he application and the restricted entry interval;
(2) All greenhouse applications, unless access is controlled in a manner that assures no employee (other that the handlers making the application) will enter, work in, remain in, or pass through the greenhouse during the application and the restricted entry interval; and
(3) Any application that results in a restricted entry interval of greater than 7 days (after adjustment pursuant to section 6774).
(b) The signs shall be a size so that the wording specified in (2) and (3) is readable and the skull and crossbones symbol is clearly visible, to a person with normal vision, from a distance of 25 feet and contain the following:
(1) The skull and crossbones symbol near the center of the sign;
(2) The words "DANGER" and "PELIGRO" and "PESTICIDES" and "PESTICIDAS" in the upper portion of the sign;
(3) The words "KEEP OUT" and "NO ENTRE" in the lower portion on the sign;
(4) Whenever the sign is used to indicate a restricted entry interval of more than 7 days, the following information in the lower portion of the sign:
(A) The date of unrestricted entry;
(B) The name of the operator of the property; and
(C) The field identification, (if any); and
(5) All letters and symbol shall be of a color which sharply contrasts with their immediate background.
(c) The signs shall:
(1) Be posted before the application begins but shall not be posted unless a pesticide application is scheduled within the next 24 hours;
(2) Remain posted and clearly legible throughout the application and the restricted entry interval; and,
(3) Be removed within 3 days after the end of the restricted entry interval and before any entry prohibited during a restricted entry interval.
(d) The signs shall be posted so that they are visible at all usual points of entry to the treated area, including each road, footpath, walkway, or aisle that enters the treated field, and each border with any labor camp adjacent to the treated field. If there are no identified usual points of entry to the treated field, signs shall be posted at the corners of the treated field. When a treated field is adjacent to an unfenced public right-of-way, such as a road, trail, or path, additional signs shall b eposted at each end of the treated field and at intervals not exceeding 600 feet along the treated field's border with the right-of-way.
(e) When a pesticide product with the signal word "DANGER" on the label, or a minimal exposure pesticide listed in section 6790, is being applied to a field through an irrigation system, signs shall be posted in the manner specified in (d). These signs shall contain the following:
(1) An octagon stop sign symbol at least 8 inches in diameter containing the word "STOP" in English;
(2) The words "KEEP OUT" and "NO ENTRE" above the symbol and the words "PESTICIDES IN IRRIGATION WATER" and "PESTICIDAS EN AGUA de RIEGO" below the symbol;
(3) All letters shall be at least 2 1/2 inches tall; and
(4) All letters and the symbol shall be of a color which sharply contrasts with their immediate background.
(f) When a fumigant is applied to a field, signs shall be posted in the manner specified in (d). These signs shall contain the following information instead of the information specified in (b):
(1) The skull and crossbones symbol; and
(2) The following statements:
(A) "DANGER/PELIGRO";
(B) "Area under fumigation, DO NOT ENTER/NO ENTRE";
(C) "(Name of Fumigant) Fumigant in use";
(D) The date and time of the fumigation; and
(E) The name, address, and telephone number of the applicator.

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(a) A record of each pesticide application involving the crops and pesticides for which there are reentry intervals that exceed the "spray is dry/dust is settled" requirement shall be maintained by the operator of the property for two years from th e time of application, and shall be readily available for inspection and copying by the director or commissioner. These records shall contain the following information as to each application, as applicable:

(1) Crop.

(2) Acres or other unit.

(3) Pesticide(s) used.

(4) Dosage, dilution rate, and volume per acre.

(5) Location.

(6) Date application completed (including the hour completed, if the reentry interval is 2 days or less.)

(b) A copy of the Department of Food and Agriculture Pesticide Use Report, properly completed (including the hour completed, if the reentry interval is two days or less), shall serve as an adequate record.

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(a) When fumigant concentrations cannot be controlled and an employee's exposure exceeds the Permissible Exposure Limit (PEL) as specified in Title 8, California Administrative Code, Section 5155, Airborne Contaminants, or more stringent requiremen ts by product labeling, the employer shall provide and require the employee to wear approved respiratory protective equipment.

(b) Whenever an employee may be exposed above an exposure standard to methyl bromide, sulfuryl fluoride, or any other fumigant for which only air-supplied respirator equipment is approved, the employer shall either:

(1) require the use of air-supplied respirator equipment,

(2) employ continuous monitoring to warn employees before the PEL is reached or

(3) operate under the provisions of (c) below.

(c) Upon written application by an employer, the director will review and may accept a Fumigation Safety Program that described methods, work practices, devices, or processes which the director determines will ensure that employees will not be exposed to concentrations of fumigants in excess of the PEL.

(d) The employer shall have an accident response plan at the worksite. The plan shall provide instructions to protect employees during situations such as spills, fire and leaks. Employees shall be trained in accident management procedures based on the plan.

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Enclosed spaces include vaults, chambers, greenhouses, vans, boxcars, shops, planes, vehicles, and tarpaulin-covered structures and commodities. When fumigating tarpaulin-covered commodities inside buildings, and areas or things inside greenhouses, this section applies to the entire structure.

(a) Whenever a pesticide is used for fumigation inside an enclosed space, at least two trained employees shall be present at all times when:

(1) The fumigant is introduced into the enclosed space;

(A) Except, only one trained person is required to be present when solid fumigants (including aluminum phosphide, magnesium phosphide, and smoke cartridges) are introduced into the enclosed space from outside the enclosed space;

(2) The enclosed space is entered to determine the concentration of the fumigant and personal protective equipment is required by pesticide product labeling or regulation.

(b) The second employee shall have immediate access to the personal protective equipment required by the pesticide product labeling for handlers in the event entry into the fumigated enclosed space becomes necessary for rescue.

(c) Prior to the commencement of fumigation, warning signs shall be posted in plainly visible locations on or in the immediate vicinity of all entrances to the space under fumigation and shall not be removed until fumigation and ventilation have been c ompleted, and the premises are safe for reentering. Warning signs shall be printed in red on white background and shall contain, in English and Spanish, the following statement in letters not less than two inches in height; "DANGER-FUMIGATION". They shall also depict a skull and crossbones not less than one inch in height and shall state in letters not less than one-half inch in height the name of the fumigant, the date and time the fumigant was injected, and the name, address and telephone number of the applicator performing the fumigation.

(d) Employees shall not be allowed to enter fumigated enclosed areas, except to determine the fumigant concentration or facilitate aeration, unless the concentration in the area is known to be at or below the level specified in 6780 (a) above.

(e) The fumigant shall not be released into an occupied work area.

(f) After completion of the fumigation, the treated area or products shall be managed so that employees entering the area or working with the treated products are not exposed to a concentration in excess of the level specified in 6780 (a) above.

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(a) Whenever methyl bromide or chloropicrin is used for field fumigation at least two trained employees shall be present during introduction of the fumigant and removal of tarps, if used.

(b) Signs shall be posted in accordance with Section 6776(f) and shall remain in place until aeration is complete.

This article applies to the following:

(a) Bromoxynil (Buctril, Bronate)

(b) Folpet

(c) Oxydemeton-methyl (Metasystox-R)

(d) Propargite (Omite, Omite CR, Comite)

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The following exemptions apply to the specific minimal exposure pesticides:
(a) Folpet, when contained in or added to paints, coatings, or caulking compounds, is exempt from the requirements of this article.
(b) [Reserved].

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The following conditions apply to the specific minimal exposure pesticides:
(a) Applications of oxydemeton-methyl to ornamental landscape trees and shrubs shall be made by trunk injection or soil injection methods only;
(b) Oxydemeton-methyl shall not be applied within a greenhouse; and
(c) Propargite shall not be applied within a greenhouse.

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(a) The employer shall provide a clothing change area and instructions, as required by section 6732, for employees who handle minimal exposure pesticides for any period of time, regardless of the toxicity category of the product used.
(b) The employer shall provide washing facilities, as specified in section 6734, where minimal exposure pesticides are mixed or loaded, regardless of the toxicity category of the product used.
(c) The employer shall provide and maintain work clothing, as specified in section 6736, and require it to be worn, regardless of the toxicity category.
(d) The employer shall provide a closed system, as defined in section 6000.4, and require its use by all employees who mix, load or transfer liquid formulations or load diluted liquid mixes derived from dry formulations of minimal exposure pesticides, regardless of the toxicity category of the product used. The requirements of this subsection do not apply to:
(1) employees who handle a total of one gallon or less of these pesticides per day exclusively in original containers of one gallon or less; or
(2) regulatory personnel collecting samples of these pesticides according to official sampling procedures.
(e) The employer shall provide and require employees to wear full body chemical resistant protective clothing, as specified in section 6738(g), when handling minimal exposure pesticides. Employees working in the following situations are not required by this subsection to wear chemical resistant full body protective clothing, but this clothing shall be present at the work site.
(1) employees using a closed system, or sealed water soluble packets, while mixing, loading or transferring these pesticides. These employees shall wear a chemical resistant apron, chemical resistant gloves and chemical resistant boots;
(2) Employees working as applicators in enclosed cabs;
(3) employees working as flaggers in enclosed vehicles;
(4) applicators using vehicle mounted or towed equipment to inject or incorporate these pesticides into the soil; and
(5) applicators using equipment with vehicle mounted spray nozzles directed downward and located below the level of the employee.
(f) The employer shall provide and require employees to wear respiratory protection, as specified in section 6738(h), when engaged in:
(1) Hand application or ground application of minimal exposure pesticides, except:
(A) Reserved;
(B) applicators using vehicle mounted or towed equipment to inject or incorporate these pesticides into the soil; and
(C) applicators using equipment with vehicle mounted spray nozzles directed downward and located below the level of the employee;
(2) Flagging during an application of a minimal exposure pesticide, except flaggers in enclosed vehicles; and
(3) Mixing or loading dry formulations of minimal exposure pesticides, except mixers or loaders using sealed water soluble packets.
(g) All protective clothing and equipment shall be cleaned inside and out or discarded at the end of the day's use.

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(a) Employers shall provide and ensure that employees who handle pesticides containing thiophanate-methyl for the treatment of potato seed pieces wear respiratory protection approved by NIOSH/MSHA for dusts.
(b) Indoor applications of thiophanate-methyl for potato seed-piece treatment are prohi