[Title 40 CFR 170]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY--(Continued)]
[Subchapter E - PESTICIDE PROGRAMS]
[Part 170 - WORKER PROTECTION STANDARD]
[From the U.S. Government Publishing Office]
40
PROTECTION OF ENVIRONMENT
11
1996-07-01
1996-07-01
false
WORKER PROTECTION STANDARD
170
PART 170
PROTECTION OF ENVIRONMENT
ENVIRONMENTAL PROTECTION AGENCY--(Continued)
PESTICIDE PROGRAMS
PART 170--WORKER PROTECTION STANDARD--Table of Contents
Subpart A--General Provisions
Sec.
170.1 Scope and purpose.
170.3 Definitions.
170.5 Effective date and compliance dates.
170.7 General duties and prohibited actions.
170.9 Violations of this part.
Subpart B--Standard for Workers
170.102 Applicability of this subpart.
170.103 Exceptions.
170.104 Exemptions.
170.110 Restrictions associated with pesticide applications.
170.112 Entry restrictions.
170.120 Notice of applications.
170.122 Providing specific information about applications.
170.124 Notice of applications to handler employers.
170.130 Pesticide safety training for workers.
170.135 Posted pesticide safety information.
170.150 Decontamination.
170.160 Emergency assistance.
Subpart C--Standard for Pesticide Handlers
170.202 Applicability of this subpart.
170.203 Exceptions.
170.204 Exemptions.
170.210 Restrictions during applications.
170.222 Providing specific information about applications.
170.224 Notice of applications to agricultural employers.
170.230 Pesticide safety training for handlers.
170.232 Knowledge of labeling and site-specific information.
170.234 Safe operation of equipment.
170.235 Posted pesticide safety information.
170.240 Personal protective equipment.
170.250 Decontamination.
170.260 Emergency assistance.
Authority: 7 U.S.C. 136w.
[[Page 193]]
Source: 57 FR 38151, Aug. 21, 1992, unless otherwise noted.
Subpart A--General Provisions
Sec. 170.1 Scope and purpose.
This part contains a standard designed to reduce the risks of
illness or injury resulting from workers' and handlers' occupational
exposures to pesticides used in the production of agricultural plants on
farms or in nurseries, greenhouses, and forests and also from the
accidental exposure of workers and other persons to such pesticides. It
requires workplace practices designed to reduce or eliminate exposure to
pesticides and establishes procedures for responding to exposure-related
emergencies.
Sec. 170.3 Definitions.
Terms used in this part have the same meanings they have in the
Federal Insecticide, Fungicide, and Rodenticide Act, as amended. In
addition, the following terms, when used in this part, shall have the
following meanings:
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.
Agricultural establishment means any farm, forest, nursery, or
greenhouse.
Agricultural plant means any plant grown or maintained for
commercial or research purposes and includes, but is not limited to,
food, feed, and fiber plants; trees; turfgrass; flowers, shrubs;
ornamentals; and seedlings.
Chemigation means the application of pesticides through irrigation
systems.
Commercial pesticide handling establishment means any
establishment, other than an agricultural establishment, that:
(1) Employs any person, including a self-employed person, to apply
on an agricultural establishment, pesticides used in the production of
agricultural plants.
(2) Employs any person, including a self-employed person, to perform
on an agricultural establishment, tasks as a crop advisor.
Crop advisor means any person who is assessing pest numbers or
damage, pesticide distribution, or the status or requirements of
agricultural plants. The term does not include any person who is
performing hand labor tasks.
Early entry means entry by a worker into a treated area on the
agricultural establishment after a pesticide application is complete,
but before any restricted-entry interval for the pesticide has expired.
Farm means any operation, other than a nursery or forest, engaged in
the outdoor production of agricultural plants.
Forest means any operation engaged in the outdoor production of any
agricultural plant to produce wood fiber or timber products.
Fumigant means any pesticide product that is a vapor or gas, or
forms a vapor or gas on application, and whose method of pesticidal
action is through the gaseous state.
Greenhouse means any operation engaged in the production of
agricultural plants inside any structure or space that is enclosed with
nonporous covering and that is of sufficient size to permit worker
entry. This term includes, but is not limited to, polyhouses, mushroom
houses, rhubarb houses, and similar structures. It does not include such
structures as malls, atriums, conservatories, arboretums, or office
buildings where agricultural plants are present primarily for aesthetic
or climatic modification.
Hand labor means any agricultural activity performed by hand or with
hand tools that causes a worker to have substantial contact with
surfaces (such as plants, plant parts, or soil) that may contain
pesticide residues. These activities include, but are not limited to,
harvesting, detasseling, thinning, weeding, topping, planting, sucker
removal, pruning, disbudding, roguing, and packing produce into
containers in the field. Hand labor does not include operating, moving,
or repairing irrigation or watering equipment or performing the tasks of
crop advisors.
Handler means any person, including a self-employed person:
[[Page 194]]
(1) Who is employed for any type of compensation by an agricultural
establishment or commercial pesticide handling establishment to which
subpart C of this part applies and who is:
(i) Mixing, loading, transferring, or applying pesticides.
(ii) Disposing of pesticides or pesticide containers.
(iii) Handling opened containers of pesticides.
(iv) Acting as a flagger.
(v) Cleaning, adjusting, handling, or repairing the parts of mixing,
loading, or application equipment that may contain pesticide residues.
(vi) Assisting with the application of pesticides.
(vii) Entering a greenhouse or other enclosed area after the
application and before the inhalation exposure level listed in the
labeling has been reached or one of the ventilation criteria established
by this part ( Sec. 170.110(c)(3)) or in the labeling has been met:
(A) To operate ventilation equipment.
(B) To adjust or remove coverings used in fumigation.
(C) To monitor air levels.
(viii) Entering a treated area outdoors after application of any
soil fumigant to adjust or remove soil coverings such as tarpaulins.
(ix) Performing tasks as a crop advisor:
(A) During any pesticide application.
(B) Before the inhalation exposure level listed in the labeling has
been reached or one of the ventilation criteria established by this part
(Sec. 170.110(c)(3)) or in the labeling has been met.
(C) During any restricted-entry interval.
(2) The term does not include any person who is only handling
pesticide containers that have been emptied or cleaned according to
pesticide product labeling instructions or, in the absence of such
instructions, have been subjected to triple-rinsing or its equivalent.
Handler employer means any person who is self-employed as a handler
or who employs any handler, for any type of compensation.
Immediate family includes only spouse, children, stepchildren,
foster children, parents, stepparents, foster parents, brothers, and
sisters.
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.
Owner means any person who has a present possessory interest (fee,
leasehold, rental, or other) in an agricultural establishment covered by
this part. A person who 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 is not an owner for purposes of this part.
Restricted-entry interval means the time after the end of a
pesticide application during which entry into the treated area is
restricted.
Treated area means any area to which a pesticide is being directed
or has been directed.
Worker means any person, including a self-employed person, who is
employed for any type of compensation and who is performing activities
relating to the production of agricultural plants on an agricultural
establishment to which subpart B of this part applies. While persons
employed by a commercial pesticide handling establishment are performing
tasks as crop advisors, they are not workers covered by the requirements
of subpart B of this part.
Sec. 170.5 Effective date and compliance dates.
(a) Effective date. The effective date for this part, including
Sec. 170.112(e), shall be October 20, 1992.
(b) Accelerated provisions. The compliance date shall be April 21,
1993, for:
(1) Section 170.112(a) through (c)(3);
(2) Section 170.112(d)(1) through (d)(2)(ii);
(3) The requirement of Sec. 170.112(c)(3) as referenced in
Sec. 170.112(d)(2)(iii);
(4) The requirement of Sec. 170.112(c)(3) as referenced in
Sec. 170.112(e)(5);
(5) Section 170.120(a)(3); and
[[Page 195]]
(6) Section 170.120(b)(3).
(c) All other provisions. The compliance date for all other
provisions of this part shall be April 15, 1994.
Sec. 170.7 General duties and prohibited actions.
(a) General duties. The agricultural employer or the handler
employer, as appropriate, shall:
(1) Assure that each worker subject to subpart B of this part or
each handler subject to subpart C of this part receives the protections
required by this part.
(2) Assure that any pesticide to which subpart C of this part
applies is used in a manner consistent with the labeling of the
pesticide, including the requirements of this part.
(3) Provide, to each person who supervises any worker or handler,
information and directions sufficient to assure that each worker or
handler receives the protections required by this part. Such information
and directions shall specify which persons are responsible for actions
required to comply with this part.
(4) Require each person who supervises any worker or handler to
assure compliance by the worker or handler with the provisions of this
part and to assure that the worker or handler receives the protections
required by this part.
(b) Prohibited actions. The agricultural employer or the handler
employer shall not take any retaliatory action for attempts to comply
with this part or any action having the effect of preventing or
discouraging any worker or handler from complying or attempting to
comply with any requirement of this part.
Sec. 170.9 Violations of this part.
(a) Under the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136 et seq.) (FIFRA) section 12(a)(2)(G) it is unlawful for any
person ``to use any registered pesticide in a manner inconsistent with
its labeling.'' When this part is referenced on a label, users must
comply with all of its requirements except those that are inconsistent
with product-specific instructions on the labeling. For the purposes of
this part, EPA interprets the term ``use'' to include:
(1) Preapplication activities, including, but not limited to:
(i) Arranging for the application of the pesticide;
(ii) Mixing and loading the pesticide; and
(iii) Making necessary preparations for the application of the
pesticide, including responsibilities related to worker notification,
training of handlers, decontamination, use and care of personal
protective equipment, emergency information, and heat stress management.
(2) Application of the pesticide.
(3) Post-application activities necessary to reduce the risks of
illness and injury resulting from handlers' and workers' occupational
exposures to pesticide residues during the restricted-entry interval
plus 30 days. These activities include, but are not limited to,
responsibilities related to worker training, notification, and
decontamination.
(4) Other pesticide-related activities, including, but not limited
to, providing emergency assistance, transporting or storing pesticides
that have been opened, and disposing of excess pesticides, spray mix,
equipment wash waters, pesticide containers, and other pesticide-
containing materials.
(b) A person who has a duty under this part, as referenced on the
pesticide product label, and who fails to perform that duty, violates
FIFRA section 12(a)(2)(G) and is subject to a civil penalty under
section 14. A person who knowingly violates section 12(a)(2)(G) is
subject to section 14 criminal sanctions.
(c) FIFRA section 14(b)(4) provides that a person is liable for a
penalty under FIFRA if another person employed by or acting for that
person violates any provision of FIFRA. The term ``acting for'' includes
both employment and contractual relationships.
(d) The requirements of this part, including the decontamination
requirements, shall not, for the purposes of section 653(b)(1) of title
29 of the U.S. Code, be deemed to be the exercise of statutory authority
to prescribe or enforce standards or regulations affecting
[[Page 196]]
the general sanitary hazards addressed by the OSHA Field Sanitation
Standard, 29 CFR 1928.110, or other agricultural, nonpesticide hazards.
Subpart B--Standard for Workers
Sec. 170.102 Applicability of this subpart.
Except as provided by Secs. 170.103 and 170.104, this subpart
applies when any pesticide product is used on an agricultural
establishment in the production of agricultural plants.
[60 FR 21952, May 3, 1995]
Sec. 170.103 Exceptions.
Exceptions. This subpart does not apply when any pesticide is
applied on an agricultural establishment in the following circumstances:
(a) For mosquito abatement, Mediterranean fruit fly eradication, or
similar wide-area public pest control programs sponsored by governmental
entities;
(b) On livestock or other animals, or in or about animal premises;
(c) On plants grown for other than commercial or research purposes,
which may include plants in habitations, home fruit and vegetable
gardens, and home greenhouses;
(d) On plants that are in ornamental gardens, parks, and public or
private lawns and grounds that are intended only for aesthetic purposes
or climatic modification;
(e) By injection directly into agricultural plants. Direct injection
does not include ``hack and squirt,'' ``frill and spray,'' chemigation,
soil-incorporation, or soil-injection;
(f) 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 other noncrop
areas, and pasture and rangeland use;
(g) For control of vertebrate pests;
(h) As attractants or repellents in traps;
(i) On the harvested portions of agricultural plants or on harvested
timber; and
(j) For research uses of unregistered pesticides.
[57 FR 38151, Aug. 21, 1992. Redesignated at 60 FR 21952, May 3, 1995]
Sec. 170.104 Exemptions.
The workers listed in this section are exempt from the specified
provisions of this subpart.
(a) Owners of agricultural establishments. (1) The owner of an
agricultural establishment is not required to provide to himself or
members of his immediate family who are performing tasks related to the
production of agricultural plants on their own agricultural
establishment the protections of:
(i) Section 170.112(c)(5) through (9).
(ii) Section 170.112(c)(5) through (9) as referenced in
Secs. 170.112(d)(2)(iii) and 170.112(e).
(iii) Section 170.120.
(iv) Section 170.122.
(v) Section 170.130.
(vi) Section 170.135.
(vii) Section 170.150.
(viii) Section 170.160.
(2) The owner of the agricultural establishment must provide the
protections listed in paragraph (a)(1)(i) through (viii) of this section
to other workers and other persons who are not members of his immediate
family.
(b) Crop advisors. (1) Provided that the conditions of paragraph
(b)(2) of this section are met, a person who is certified or licensed as
a crop advisor by a program acknowledged as appropriate in writing by
EPA or a State or Tribal lead agency for pesticide enforcement, and
persons performing crop advising tasks under such qualified crop
advisor's direct supervision, are exempt from the provisions of:
(i) Section 170.150.
(ii) Section 170.160.
A person is under the direct supervision of a crop advisor when the crop
advisor exerts the supervisory controls set out in paragraphs
(b)(2)(iii) and (iv) of this section. Direct supervision does not
require that the crop advisor be physically present at all times, but
the crop advisor must be readily accessible to the employees at all
times.
[[Page 197]]
(2) Conditions of exemption. (i) The certification or licensing
program requires pesticide safety training that includes, at least, all
the information in Sec. 170.230(c)(4).
(ii) Applies only when performing crop advising tasks in the treated
area.
(iii) The crop advisor must make specific determinations regarding
the appropriate PPE, appropriate decontamination supplies, and how to
conduct the tasks safely. The crop advisor must convey this information
to each person under his direct supervision in a language that the
person understands.
(iv) Before entering a treated area, the certified or licensed crop
advisor must inform, through an established practice of communication,
each person under his direct supervision of the pesticide product and
active ingredient(s) applied, method of application, time of
application, the restricted entry interval, which tasks to undertake,
and how to contact the crop advisor.
(c) Grace period for persons performing crop advisor tasks who are
not certified or licensed. (1) Provided that the conditions of paragraph
(c)(2) of this section are met, a person who is neither certified nor
licensed as a crop advisor and any person performing crop advising tasks
under his direct supervision is exempt until May 1, 1996, from the
requirements of:
(i) Section 170.130.
(ii) Section 170.150.
(iii) Section 170.160.
(2) Conditions of exemption. (i) Applies only when the persons are
performing crop advising tasks in the treated area.
(ii) The crop advisor must make specific determinations regarding
the appropriate PPE, appropriate decontamination supplies, and how to
conduct the tasks safely. The crop advisor must convey this information
to each person under his direct supervision in a language that the
person understands.
(iii) Before entering a treated area, the crop advisor must inform,
through an established practice of communication, each person under his
direct supervision of the active ingredient, method of application, time
of application, the restricted entry interval, which tasks to undertake,
and how to contact the crop advisor.
[60 FR 21952, May 3, 1995]
Sec. 170.110 Restrictions associated with pesticide applications.
(a) Farms and forests. During the application of any pesticide on a
farm or in a forest, the agricultural employer shall not allow or direct
any person, other than an appropriately trained and equipped handler, to
enter or to remain in the treated area.
(b) Nurseries. In a nursery, during any pesticide application
described in column A of Table 1 of this paragraph, the agricultural
employer shall not allow or direct any person, other than an
appropriately trained and equipped handler, to enter or to remain in the
area specified in column B of Table 1 of this paragraph. After the
application is completed, until the end of any restricted-entry
interval, the entry-restricted area is the treated area.
Table 1.--Entry-Restricted Areas in Nurseries During Pesticide
Applications
------------------------------------------------------------------------
B. Workers are Prohibited
A. During Application of a Pesticide: in:
------------------------------------------------------------------------
(1) (a) Applied: Treated area plus 100 feet
in all directions on the
nursery
(i) Aerially, or
(ii) In an upward direction, or
(iii) Using a spray pressure greater than
150 psi, or
(b) Applied as a:
(i) Fumigant, or
(ii) Smoke, or
(iii) Mist, or
(iv) Fog, or
(v) Aerosol.
(2)(a) Applied downward using: Treated are plus 25 feet in
all directions on the
nursery
(i) A height of greater than 12 inches
from the planting medium, or
(ii) A fine spray, or
[[Page 198]]
(iii) A spray pressure greater than 40
psi and less than 150 psi.
(b) Not as in 1 or 2(a) above but for which
a respiratory protection device is
required for application by the product
labeling.
(3) Applied otherwise. Treated area
------------------------------------------------------------------------
(c) Greenhouses. (1) When a pesticide application described in
column A of Table 2 under paragraph (c)(4) of this section takes place
in a greenhouse, the agricultural employer shall not allow or direct any
person, other than an appropriately trained and equipped handler, to
enter or to remain in the area specified in column B of Table 2 until
the time specified in column C of Table 2 has expired.
(2) After the time specified in column C of Table 2 under paragraph
(c)(4) of this section has expired, until the expiration of any
restricted-entry interval, the agricultural employer shall not allow or
direct any worker to enter or to remain in the treated area as specified
in column D of Table 2 under paragraph (c)(4) of this section, except as
provided in Sec. 170.112.
(3) When column C of Table 2 under paragraph (c)(4) of this section
specifies that ventilation criteria must be met, ventilation shall
continue until the air concentration is measured to be equal to or less
than the inhalation exposure level the labeling requires to be achieved.
If no inhalation exposure level is listed on the labeling, ventilation
shall continue until after:
(i) Ten air exchanges are completed; or
(ii) Two hours of ventilation using fans or other mechanical
ventilating systems; or
(iii) Four hours of ventilation using vents, windows or other
passive ventilation; or
(iv) Eleven hours with no ventilation followed by 1 hour of
mechanical ventilation; or
(v) Eleven hours with no ventilation followed by 2 hours of passive
ventilation; or
(vi) Twenty-four hours with no ventilation.
(4) The following Table 2 applies to paragraphs (c)(1), (2), and (3)
of this section.
Table 2.--Greenhouse Entry Restrictions Associated With Pesticide Applications
----------------------------------------------------------------------------------------------------------------
D. After the Expiration
of Time in Column C
B. Workers are Until the Restricted-
A. When a Pesticide is Applied: Prohibited in: C. Until: Entry Interval Expires,
the Entry-Restricted
Area is:
----------------------------------------------------------------------------------------------------------------
(1) As a fumigant Entire greenhouse plus The ventilation No entry restrictions
any adjacent structure criteria of paragraph after criteria in
that cannot be sealed (c)(3) of this section column C are met
off from the treated are met
area
(2) As a Entire enclosed area The ventilation Entire enclosed area is
criteria of paragraph the treated area
(c)(3) of this section
are met
(i) Smoke, or
(ii) Mist, or
(iii) Fog, or
(iv) Aerosol
(3) Not in 1 or 2 above, and for Entire enclosed area The ventilation Treated area
which a respiratory protection criteria of paragraph
device is required for application (c)(3) of this section
by the product labeling are met
(4) Not in 1, 2, or 3 above, and: Treated area plus 25 Application is complete Treated area
feet in all directions
in the enclosed area
[[Page 199]]
(i) From a height of greater than
12 in. from the planting medium,
or
(ii) As a fine spray, or
(iii) Using a spray pressure
greater than 40 psi
(5) Otherwise Treated area Application is complete Treated area
----------------------------------------------------------------------------------------------------------------
Sec. 170.112 Entry restrictions.
(a) General restrictions. (1) After the application of any pesticide
on an agricultural employer shall not allow or direct any worker to
enter or to remain in the treated area before the restricted-entry
interval specified on the pesticide labeling has expired, except as
provided in this section.
(2) Entry-restricted areas in greenhouses are specified in column D
in Table 2 under Sec. 170.110(c)(4).
(3) When two or more pesticides are applied at the same time, the
restricted-entry interval shall be the longest of the applicable
intervals.
(4) The agricultural employer shall assure that any worker who
enters a treated area under a restricted-entry interval as permitted by
paragraphs (c), (d), and (e) of this section uses the personal
protective equipment specified in the product labeling for early-entry
workers and follows any other requirements on the pesticide labeling
regarding early entry.
(b) Exception for activities with no contact. A worker may enter a
treated area during a restricted-entry interval if the agricultural
employer assures that both of the following are met:
(1) The worker will have no contact with anything that has been
treated with the pesticide to which the restricted-entry interval
applies, including, but not limited to, soil, water, air, or surfaces of
plants; and
(2) No such entry is allowed until any inhalation exposure level
listed in the labeling has been reached or any ventilation criteria
established by Sec. 170.110(c)(3) or in the labeling have been met.
(c) Exception for short-term activities. A worker may enter a
treated area during a restricted-entry interval for short-term
activities if the agricultural employer assures that the following
requirements are met:
(1) No hand labor activity is performed.
(2) The time in treated areas under a restricted-entry interval for
any worker does not exceed 1 hour in any 24-hour period.
(3) No such entry is allowed for the first 4 hours following the end
of the application, and no such entry is allowed thereafter until any
inhalation exposure level listed in the labeling has been reached or any
ventilation criteria established by Sec. 170.110(c)(3) or in the
labeling have been met.
(4) The personal protective equipment specified on the product
labeling for early entry is provided to the worker. Such personal
protective equipment shall conform to the following standards:
(i) Personal protective equipment (PPE) means devices and apparel
that are worn to protect the body from contact with pesticides or
pesticide residues, including, but not limited to, coveralls, chemical-
resistant suits, chemical-resistant gloves, chemical-resistant footwear,
respiratory protection devices, chemical-resistant aprons, chemical-
resistant headgear, and protective eyewear.
(ii) Long-sleeved shirts, short-sleeved shirts, long pants, short
pants, shoes,
[[Page 200]]
socks, and other items of work clothing are not considered personal
protective equipment for the purposes of this section and are not
subject to the requirements of this section, although pesticide labeling
may require that such work clothing be worn during some activities.
(iii) When ``chemical-resistant'' personal protective equipment is
specified by the product labeling, it shall be made of material that
allows no measurable movement of the pesticide being used through the
material during use.
(iv) When ``waterproof'' personal protective equipment is specified
by the product labeling, it shall be made of material that allows no
measurable movement of water or aqueous solutions through the material
during use.
(v) When a ``chemical-resistant suit'' is specified by the product
labeling, it shall be a loose-fitting, one- or two-piece, chemical-
resistant garment that covers, at a minimum, the entire body except
head, hands, and feet.
(vi) When ``coveralls'' are specified by the product labeling, they
shall be a loose-fitting, one- or two-piece garment, such as a cotton or
cotton and polyester coverall, that covers, at a minimum, the entire
body except head, hands, and feet. The pesticide product labeling may
specify that the coveralls be worn over a layer of clothing. If a
chemical-resistant suit is substituted for coveralls, it need not be
worn over a layer of clothing.
(vii) Gloves shall be of the type specified by the product labeling.
Gloves or glove linings made of leather, cotton, or other absorbent
materials must not be worn for early-entry activities unless these
materials are listed on the product labeling as acceptable for such use.
If chemical-resistant gloves with sufficient durability and suppleness
are not obtainable for tasks with roses or other plants with sharp
thorns, leather gloves may be worn over chemical-resistant liners.
However, once leather gloves have been worn for this use, thereafter
they shall be worn only with chemical-resistant liners and they shall
not be worn for any other use.
(viii) When ``chemical-resistant footwear'' is specified by the
product labeling, it shall be one of the following types of footwear:
chemical-resistant shoes, chemical-resistant boots, or chemical-
resistant shoe coverings worn over shoes or boots. If chemical-resistant
footwear with sufficient durability and a tread appropriate for wear in
rough terrain is not obtainable for workers, then leather boots may be
worn in such terrain.
(ix) When ``protective eyewear'' is specified by the product
labeling, it shall be one of the following types of eyewear: goggles;
face shield; safety glasses with front, brow, and temple protection; or
a full-face respirator.
(x) When ``chemical-resistant headgear'' is specified by the product
labeling, it shall be either a chemical-resistant hood or a chemical-
resistant hat with a wide brim.
(5) The agricultural employer shall assure that the worker, before
entering the treated area, either has read the product labeling or has
been informed, in a manner that the worker can understand, of all
labeling requirements related to human hazards or precautions, first
aid, symptoms of poisoning, personal protective equipment specified for
early entry, and any other labeling requirements related to safe use.
(6) The agricultural employer shall assure that:
(i) Workers wear the personal protective equipment correctly for its
intended purpose and use personal protective equipment according to
manufacturer's instructions.
(ii) Before each day of use, all personal protective equipment is
inspected for leaks, holes, tears, or worn places, and any damaged
equipment is repaired or discarded.
(iii) Personal protective equipment that cannot be cleaned properly
is disposed of in accordance with any applicable Federal, State, and
local regulations.
(iv) All personal protective equipment is cleaned according to
manufacturer's instructions or pesticide product labeling instructions
before each day of reuse. In the absence of any such instructions, it
shall be washed thoroughly in detergent and hot water.
(v) Before being stored, all clean personal protective equipment is
dried thoroughly or is put in a well-ventilated place to dry.
[[Page 201]]
(vi) Personal protective equipment contaminated with pesticides is
kept separately and washed separately from any other clothing or
laundry.
(vii) Any person who cleans or launders personal protective
equipment is informed that such equipment may be contaminated with
pesticides, of the potentially harmful effects of exposure to
pesticides, and of the correct way(s) to handle and clean personal
protective equipment and to protect themselves when handling equipment
contaminated with pesticides.
(viii) All clean personal protective equipment is stored separately
from personal clothing and apart from pesticide-contaminated areas.
(ix) Each worker is instructed how to put on, use, and remove the
personal protective equipment and is informed about the importance of
washing thoroughly after removing personal protective equipment.
(x) Each worker is instructed in the prevention, recognition, and
first aid treatment of heat-related illness.
(xi) Workers have a clean place(s) away from pesticide-storage and
pesticide-use areas for storing personal clothing not in use; putting on
personal protective equipment at the start of any exposure period; and
removing personal protective equipment at the end of any exposure
period.
(7) When personal protective equipment is required by the labeling
of any pesticide for early entry, the agricultural employer shall assure
that no worker is allowed or directed to perform the early-entry
activity without implementing, when appropriate, measures to prevent
heat-related illness.
(8) During any early-entry activity, the agricultural employer shall
provide a decontamination site in accordance with Sec. 170.150.
(9) The agricultural employer shall not allow or direct any worker
to wear home or to take home personal protective equipment contaminated
with pesticides.
(d) Exception for an agricultural emergency. (1) An ``agricultural
emergency'' means a sudden occurrence or set of circumstances which the
agricultural employer could not have anticipated and over which the
agricultural employer has no control, and which requires entry into a
treated area during a restricted-entry interval, when no alternative
practices would prevent or mitigate a substantial economic loss. A
substantial economic loss means a loss in profitability greater than
that which would be expected based on the experience and fluctuations of
crop yields in previous years. Only losses caused by the agricultural
emergency specific to the affected site and geographic area are
considered. The contribution of mismanagement cannot be considered in
determining the loss.
(2) A worker may enter a treated area under a restricted-entry
interval in an agricultural emergency to perform tasks, including hand
labor tasks, necessary to mitigate the effects of the agricultural
emergency, if the agricultural employer assures that all the following
criteria are met:
(i) A State, Tribal, or Federal Agency having jurisdiction declares
the existence of circumstances that could cause an agricultural
emergency on that agricultural establishment.
(ii) The agricultural employer determines the agricultural
establishment is subject to the circumstances declared under paragraph
(d)(2)(i) of this section that result in an agricultural emergency
meeting the criteria of paragraph (d)(1) of this section.
(iii) The requirements of paragraphs (c)(3) through (9) of this
section are met.
(e) Exception requiring Agency approval. The Agency may, in
accordance with paragraphs (e)(1) through (3) of this section, grant an
exception from the requirements of this section. An exception may be
withdrawn in accordance with paragraph (e)(6) of this section.
(1) Requesting an exception. A request for an exception must be
submitted to the Director, Office of Pesticide Programs (H-7501C),
Environmental Protection Agency, 401 M Street, SW., Washington, DC 20460
and must be accompanied by two copies of the following information:
(i) The name, address, and telephone number of the submitter.
(ii) The time period for which the exception is requested.
(iii) A description of the crop(s) and specific crop production
task(s) for
[[Page 202]]
which the exception is requested. Such a description must include an
explanation as to the necessity of applying pesticides of a type and at
a frequency such that the restricted-entry interval would interfere with
necessary and time-sensitive hand labor tasks for the period for which
the exception is sought.
(iv) A description of the geographic area for which the exception is
requested. If the exception request is for a limited geographic area,
the explanation must include a description as to why the circumstances
of exposure or economic impact resulting from the prohibition of routine
hand labor tasks during the restricted-entry interval are unique to the
geographic area named in the exception.
(v) An explanation as to why, for each requested crop-task
combination, alternative practices would not be technically or
financially viable. Such alternative practices might include:
rescheduling the pesticide application or hand labor activity; using a
non-chemical pest control alternative; using an alternative to the hand
labor tasks, such as machine cultivation; or substituting a pesticide
with a shorter restricted-entry interval. This information should
include estimates or data on per acre revenue and cost of production for
the crop and area for which the exception is requested. These estimates
or data should include: the situation prior to implementation of this
final rule, the situation after implementation of this final rule if the
exception is not granted, the situation after implementation of this
final rule if the exception is granted, and specific information on
individual factors which cause differences in revenues and costs among
the three situations.
(vi) A description or documentation of the safety and feasibility of
such an exception, including, but not limited to, the feasibility of
performing the necessary hand labor activity while wearing the personal
protective equipment required for early entry for the pesticide(s)
expected to be applied, the means of mitigating heat-related illness
concerns, the period of time required daily per worker to perform the
hand labor activity, any suggested methods of reducing the worker's
exposure, and any other mitigating factors, such as the availability of
running water for routine and emergency decontamination and mechanical
devices that would reduce the workers' contact with the treated
surfaces. The information should include the costs associated with
early-entry, such as decontamination facilities, special information and
training for the workers, heat stress avoidance procedures, and
provision, inspection, cleaning, and maintenance of personal protective
equipment. EPA will not grant exceptions where the costs of early entry
equal or exceed the expected loss in value of crop yield or quality.
(2) Notice of receipt. (i) When a request for an exception is
submitted to the Agency along with all of the information required in
paragraph (e)(1) of this section, the Agency shall issue a notice in the
Federal Register stating that an exception is being considered,
describing the nature of the exception, and allowing at least 30 days
for interested parties to comment.
(ii) If a request for an exception is submitted to the Agency
without all of the information required in paragraph (e)(1) of this
section, the Agency shall return the request to the submitter.
(3) Exception decision. EPA will publish in the Federal Register its
decision whether to grant the request for exception. EPA will base its
decision on whether the benefits of the exception outweigh the costs,
including the value of the health risks attributable to the exception.
If the exception is granted, the notice will state the nature of and
reasons for the exception.
(4) Presumptive denial. (i) Except as provided in paragraph
(e)(4)(ii) of this section, persons requesting an exception may assume
that the exception has been denied if EPA has not issued its decision
whether to grant the exception within 9 months from the comment-closure
date specified in the Federal Register notice in which the Agency
announced, in accordance with paragraph (e)(2) of this section, that it
would consider the exception.
(ii) Persons requesting an exception may not assume that the request
has been denied as provided by paragraph (e)(4)(i) of this section if
the Agency has taken action to extend its review
[[Page 203]]
period for a specified time interval due to the complexity of the
exception request or to the number of exception requests concurrently
under Agency review. EPA shall state the reason(s) for the delay in
issuing a decision on the exception request. A notice of such an action
may be published in the Federal Register or persons who requested the
exception may be directly notified of the action.
(5) Agricultural employer duties. When a worker enters a treated
area during a restricted-entry interval under an exception granted under
paragraph (e) of this section, the agricultural employer shall assure
that the requirements of paragraphs (c)(3) through (9) of this section
are met, unless the notice granting the exception specifically indicates
otherwise.
(6) Withdrawing an exception. An exception may be withdrawn by the
Agency at any time if the Agency receives poisoning information or other
data that indicate that the health risks imposed by this early-entry
exception are unacceptable or if the Agency receives other information
that indicates that the exception is no longer necessary or prudent. If
the Agency determines that an exception should be withdrawn, it will
publish a notice in the Federal Register, stating the basis for its
determination. Affected parties would then have 30 days to request a
hearing on the Agency's determination. The exception, however, would be
discontinued as of the date specified by EPA in the notice, which may
include any of the 30-day period and the time required for any
subsequent hearing process. Thereafter the Agency will decide whether to
withdraw the exception and will publish a notice in the Federal Register
stating its decision.
(7) List of exceptions granted by EPA. The following administrative
exceptions from the requirements of this section have been granted by
EPA. Each exception listed in paragraph (e)(7) of this section contains
a reference to the Federal Register notice in which EPA has granted the
exception and the effective dates of the exception. The terms and
conditions of the exception appear in the referenced Federal Register
notice.
(i) Exception for hand labor to harvest greenhouse-grown cut roses
published in the Federal Register of June 10, 1994, effective from June
10, 1994, to June 10, 1996.
(ii) Exception to perform irrigation tasks under specified
conditions published in the Federal Register of May 3, 1995.
(iii) Exceptions to perform limited contact tasks under specified
conditions published in the Federal Register of May 3, 1995.
[57 FR 38151, Aug. 21, 1992, as amended at 59 FR 30264, June 10, 1994;
60 FR 21954, May 3, 1995]
Sec. 170.120 Notice of applications.
(a) Notification to workers of pesticide applications in
greenhouses. The agricultural employer shall notify workers of any
pesticide application in the greenhouse in accordance with this
paragraph.
(1) All pesticide applications shall be posted in accordance with
paragraph (c) of this section.
(2) If the pesticide product labeling has a statement requiring both
the posting of treated areas and oral notification to workers, the
agricultural employer shall also provide oral notification of the
application to the worker in accordance with paragraph (d) of this
section.
(3) Notice need not be given to a worker if the agricultural
employer can assure that one of the following is met:
(i) From the start of the application until the end of the
application and during any restricted-entry interval, the worker will
not enter, work in, remain in, or pass through the greenhouse; or
(ii) The worker applied (or supervised the application of) the
pesticide for which the notice is intended and is aware of all
information required by paragraphs (d)(1) through (3) of this section.
(b) Notification to workers on farms, in nurseries, or in forests of
pesticide applications. The agricultural employer shall notify workers
of any pesticide application on the farm or in the nursery or forest in
accordance with this paragraph.
[[Page 204]]
(1) If the pesticide product labeling has a statement requiring both
the posting of treated areas and oral notification to workers, the
agricultural employer shall post signs in accordance with paragraph (c)
of this section and shall provide oral notification of the application
to the worker in accordance with paragraph (d) of this section.
(2) For any pesticide other than those for which the labeling
requires both posting and oral notification of applications, the
agricultural employer shall give notice of the application to the worker
either by the posting of warning signs in accordance with paragraph (c)
of this section or orally in accordance with paragraph (d) of this
section, and shall inform the workers as to which method of notification
is in effect.
(3) Notice need not be given to a worker if the agricultural
employer can assure that one of the following is met:
(i) From the start of the application until the end of the
application and during any restricted-entry interval, the worker will
not enter, work in, remain in, or pass through on foot the treated area
or any area within 1/4 mile of the treated area; or
(ii) The worker applied (or supervised the application of) the
pesticide for which the notice is intended and is aware of all
information required by (d)(1) through (3) of this section.
(c) Posted warning signs. The agricultural employer shall post
warning signs in accordance with the following criteria:
(1) The warning sign shall have a background color that contrasts
with red. The words ``DANGER'' and ``PELIGRO,'' plus ``PESTICIDES'' and
``PESTICIDAS,'' shall be at the top of the sign, and the words ``KEEP
OUT'' and ``NO ENTRE'' shall be at the bottom of the sign. Letters for
all words must be clearly legible. A circle containing an upraised hand
on the left and a stern face on the right must be near the center of the
sign. The inside of the circle must be red, except that the hand and a
large portion of the face must be in a shade that contrasts with red.
The length of the hand must be at least twice the height of the smallest
letters. The length of the face must be only slightly smaller than the
hand. Additional information such as the name of the pesticide and the
date of application may appear on the warning sign if it does not
detract from the appearance of the sign or change the meaning of the
required information. A black-and-white example of a warning sign
meeting these requirements, other than the size requirements, follows:
[[Page 205]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.111
[[Page 206]]
(2) The standard sign shall be at least 14 inches by 16 inches with
letters at least 1 inch in height. Farms and forests shall use the
standard size sign unless a smaller sign is necessary because the
treated area is too small to accommodate a sign of this size. In
nurseries and greenhouses, the agricultural employer may, at any time,
use a sign smaller than the standard size sign. Whenever a small sign is
used on any establishment, there are specific posting distances
depending on the size of the lettering and symbol on the sign. If a sign
is used with DANGER and PELIGRO in letters at least \7/8\ inch in height
and the remaining letters at least \1/2\ inch in height and a red circle
at least 3 inches in diameter containing an upraised hand and a stern
face, the signs shall be no further than 50 feet apart. If a sign is
used with DANGER and PELIGRO in letters at least \7/16\ inch in height
and the remaining letters at least \1/4\ inch in height and a red circle
at least 1\1/2\ inches in diameter containing an upraised hand and a
stern face, the signs shall be no further than 25 feet apart. A sign
with DANGER and PELIGRO in letters less than \7/16\ inch in height or
with any words in letters less than \1/4\ inch in height or a red circle
smaller than 1\1/2\ inches in diameter containing an upraised hand and a
stern face will not satisfy the requirements of the rule. All signs must
meet the requirements of paragraph (c)(1) of this section.
(3) The employer may replace the Spanish portion of the warning sign
with a non-English language read by the largest group of workers who do
not read English. The replacement sign must be in the same format as the
original sign and be visible and legible.
(4) On farms and in forests and nurseries, the signs shall be
visible from all usual points of worker entry to the treated area,
including at least each access road, each border with any labor camp
adjacent to the treated area, and each footpath and other walking route
that enters the treated area. When there are no usual points of worker
entry, signs shall be posted in the corners of the treated area or in
any other location affording maximum visibility.
(5) In greenhouses, the signs shall be posted so they are visible
from all usual points of worker entry to the treated area including each
aisle or other walking route that enters the treated area. When there
are no usual points of worker entry to the treated area, signs shall be
posted in the corners of the treated area or in any other location
affording maximum visibility.
(6) The signs shall:
(i) Be posted no sooner than 24 hours before the scheduled
application of the pesticide.
(ii) Remain posted throughout the application and any restricted-
entry interval.
(iii) Be removed within 3 days after the end of the application and
any restricted-entry interval and before agricultural-worker entry is
permitted, other than entry permitted by Sec. 170.112.
(7) The signs shall remain visible and legible during the time they
are posted.
(8) When several contiguous areas are to be treated with pesticides
on a rotating or sequential basis, the entire area may be posted. Worker
entry, other than entry permitted by Sec. 170.112, is prohibited for the
entire area while the signs are posted.
(d) Oral warnings. The agricultural employer shall provide oral
warnings to workers in a manner that the worker can understand. If a
worker will be on the premises during the application, the warning shall
be given before the application takes place. Otherwise, the warning
shall be given at the beginning of the worker's first work period during
which the application is taking place or the restricted-entry interval
for the pesticide is in effect. The warning shall consist of:
(1) The location and description of the treated area.
(2) The time during which entry is restricted.
(3) Instructions not to enter the treated area until the restricted-
entry interval has expired.
[57 FR 38151, Aug. 21, 1992, as amended at 61 FR 33207, June 26, 1996]
Effective Date Note: At 61 FR 33207, June 26, 1996, Sec. 170.120 was
amended by revising paragraph (c)(2), redesignating existing paragraphs
(c)(3) through (c)(7) as (c)(4) through (c)(8) respectively, and adding
a new paragraph (c)(3), effective Aug. 26, 1996. For the convenience of
the user, the superseded text is set forth as follows:
[[Page 207]]
Sec. 170.120 Notice of applications.
* * * * *
(c) * * *
(2) The sign shall be at least 14 inches by 16 inches in size, and
the letters shall be at least 1 inch in height unless a smaller sign and
smaller letters are necessary because the treated area is too small to
accommodate a sign of this size. If a smaller sign is used, it must meet
the proportions and other requirements described in paragraph (c)(1) of
this section.
* * * * *
Sec. 170.122 Providing specific information about applications.
When workers are on an agricultural establishment and, within the
last 30 days, a pesticide covered by this subpart has been applied on
the establishment or a restricted-entry interval has been in effect, the
agricultural employer shall display, in accordance with this section,
specific information about the pesticide.
(a) Location, accessibility, and legibility. The information shall
be displayed in the location specified for the pesticide safety poster
in Sec. 170.135(d) and shall be accessible and legible, as specified in
Sec. 170.135(e) and (f).
(b) Timing. (1) If warning signs are posted for the treated area
before an application, the specific application information for that
application shall be posted at the same time or earlier.
(2) The information shall be posted before the application takes
place, if workers will be on the establishment during application.
Otherwise, the information shall be posted at the beginning of any
worker's first work period.
(3) The information shall continue to be displayed for at least 30
days after the end of the restricted-entry interval (or, if there is no
restricted-entry interval, for at least 30 days after the end of the
application) or at least until workers are no longer on the
establishment, whichever is earlier.
(c) Required information. The information shall include:
(1) The location and description of the treated area.
(2) The product name, EPA registration number, and active
ingredient(s) of the pesticide.
(3) The time and date the pesticide is to be applied.
(4) The restricted-entry interval for the pesticide.
Sec. 170.124 Notice of applications to handler employers.
Whenever handlers who are employed by a commercial pesticide
handling establishment will be performing pesticide handling tasks on an
agricultural establishment, the agricultural employer shall provide to
the handler employer, or assure that the handler employer is aware of,
the following information concerning any areas on the agricultural
establishment that the handler may be in (or may walk within 1/4 mile
of) and that may be treated with a pesticide or that may be under a
restricted-entry interval while the handler will be on the agricultural
establishment:
(a) Specific location and description of any such areas; and
(b) Restrictions on entering those areas.
Sec. 170.130 Pesticide safety training for workers.
(a) General requirement--(1) Agricultural employer assurance. The
agricultural employer shall assure that each worker, required by this
section to be trained, has been trained according to this section during
the last 5 years, counting from the end of the month in which the
training was completed.
(2) Requirement for workers performing early-entry activities.
Before a worker enters a treated area on the agricultural establishment
during a restricted-entry interval to perform early-entry activities
permitted by Sec. 170.112 and contacts anything that has been treated
with the pesticide to which the restricted-entry interval applies,
including but not limited to, soil, water, or surfaces of plants, the
agricultural employer shall assure that the worker has been trained.
(3) Requirements for other agricultural workers--(i) Information
before entry. As of January 1, 1996, and except as provided in paragraph
(a)(2) of this section, before a worker enters any areas on the
agricultural establishment where, within the last 30 days a pesticide to
which this subpart applies has
[[Page 208]]
been applied or the restricted-entry interval for such pesticide has
been in effect, the agricultural employer shall assure that the worker
has been provided the pesticide safety information specified in
paragraph (c), in a manner that agricultural workers can understand,
such as by providing written materials or oral communication or by other
means. The agricultural employer must be able to verify compliance with
this requirement.
(ii) Training before the 6th day of entry. Except as provided in
paragraph (a)(2) of this section, before the 6th day that a worker
enters any areas on the agricultural establishment where, within the
last 30 days a pesticide to which this subpart applies has been applied
or a restricted-entry interval for such pesticide has been in effect,
the agricultural employer shall assure that the worker has been trained.
(iii) Exceptions during interim period. Until December 31, 1995, and
except as provided by paragraph (a)(2) of this section, before the 16th
day that a worker enters any areas on the agricultural establishment
where, within the last 30 days a pesticide to which this subpart applies
has been applied or a restricted-entry interval has been in effect, the
agricultural employer shall assure that the worker has been trained.
After December 31, 1995 this exception no longer applies.
(b) Exceptions. The following persons need not be trained under this
section:
(1) A worker who is currently certified as an applicator of
restricted-use pesticides under part 171 of this chapter.
(2) A worker who satisfies the training requirements of part 171 of
this chapter.
(3) A worker who satisfies the handler training requirements of
Sec. 170.230(c).
(4) A worker who is certified or licensed as a crop advisor by a
program acknowledged as appropriate in writing by EPA or a State or
Tribal lead agency for pesticide enforcement, provided that a
requirement for such certification or licensing is pesticide safety
training that includes all the information set out in
Sec. 170.230(c)(4).
(c) Pesticide safety information. The pesticide safety information
required by paragraph (a)(3)(i) shall be presented to workers in a
manner that the workers can understand. At a minimum, the following
information shall be provided:
(1) Pesticides may be on or in plants, soil, irrigation water, or
drifting from nearby applications.
(2) Prevent pesticides from entering your body by:
(i) Following directions and/or signs about keeping out of treated
or restricted areas.
(ii) Washing before eating, drinking, using chewing gum or tobacco,
or using the toilet.
(iii) Wearing work clothing that protects the body from pesticide
residues.
(iv) Washing/showering with soap and water, shampoo hair, and put on
clean clothes after work.
(v) Washing work clothes separately from other clothes before
wearing them again.
(vi) Washing immediately in the nearest clean water if pesticides
are spilled or sprayed on the body. As soon as possible, shower,
shampoo, and change into clean clothes.
(3) Further training will be provided within 5 days.
(d) Training programs. (1) General pesticide safety information
shall be presented to workers either orally from written materials or
audiovisually. The information must be presented in a manner that the
workers can understand (such as through a translator) using nontechnical
terms. The presenter also shall respond to workers' questions.
(2) The person who conducts the training shall meet at least one of
the following criteria:
(i) Be currently certified as an applicator of restricted-use
pesticides under part 171 of this chapter; or
(ii) Be currently designated as a trainer of certified applicators
or pesticide handlers by a State, Federal, or Tribal agency having
jurisdiction; or
(iii) Have completed a pesticide safety train-the-trainer program
approved by a State, Federal, or Tribal agency having jurisdiction; or
(iv) Satisfy the training requirements in part 171 of this chapter
or in Sec. 170.230(c).
[[Page 209]]
(3) Any person who issues an EPA-approved Worker Protection Standard
worker training certificate must assure that the worker who receives the
training certificate has been trained in accordance with (c)(4) of this
section.
(4) The training materials shall convey, at a minimum, the following
information:
(i) Where and in what form pesticides may be encountered during work
activities.
(ii) Hazards of pesticides resulting from toxicity and exposure,
including acute and chronic effects, delayed effects, and sensitization.
(iii) Routes through which pesticides can enter the body.
(iv) Signs and symptoms of common types of pesticide poisoning.
(v) Emergency first aid for pesticide injuries or poisonings.
(vi) How to obtain emergency medical care.
(vii) Routine and emergency decontamination procedures, including
emergency eyeflushing techniques.
(viii) Hazards from chemigation and drift.
(ix) Hazards from pesticide residues on clothing.
(x) Warnings about taking pesticides or pesticide containers home.
(xi) Requirements of this subpart designed to reduce the risks of
illness or injury resulting from workers' occupational exposure to
pesticides, including application and entry restrictions, the design of
the warning sign, posting of warning signs, oral warnings, the
availability of specific information about applications, and the
protection against retaliatory acts.
(e) Verification of training. (1) Except as provided in paragraph
(e)(2) of this section, if the agricultural employer assures that a
worker possesses an EPA-approved Worker Protection Standard worker
training certificate, then the requirements of paragraph (a) and (c) of
this section will have been met.
(2) If the agricultural employer is aware or has reason to know that
an EPA-approved Worker Protection Standard worker training certificate
has not been issued in accordance with this section, or has not been
issued to the worker bearing the certificate, or the training was
completed more than 5 years before the beginning of the current month, a
worker's possession of that certificate does not meet the requirements
of paragraph (a) of this section.
[57 FR 38151, Aug. 21, 1992, as amended at 60 FR 21947, 21952, May 3,
1995]
Sec. 170.135 Posted pesticide safety information.
(a) Requirement. When workers are on an agricultural establishment
and, within the last 30 days, a pesticide covered by this subpart has
been applied on the establishment or a restricted-entry interval has
been in effect, the agricultural employer shall display, in accordance
with this section, pesticide safety information.
(b) Pesticide safety poster. A safety poster must be displayed that
conveys, at a minimum, the following basic pesticide safety concepts:
(1) Help keep pesticides from entering your body. At a minimum, the
following points shall be conveyed:
(i) Avoid getting on your skin or into your body any pesticides that
may be on plants and soil, in irrigation water, or drifting from nearby
applications.
(ii) Wash before eating, drinking, using chewing gum or tobacco, or
using the toilet.
(iii) Wear work clothing that protects the body from pesticide
residues (long-sleeved shirts, long pants, shoes and socks, and a hat or
scarf).
(iv) Wash/shower with soap and water, shampoo hair, and put on clean
clothes after work.
(v) Wash work clothes separately from other clothes before wearing
them again.
(vi) Wash immediately in the nearest clean water if pesticides are
spilled or sprayed on the body. As soon as possible, shower, shampoo,
and change into clean clothes.
(vii) Follow directions about keeping out of treated or restricted
areas.
(2) There are Federal rules to protect workers and handlers,
including a requirement for safety training.
(c) Emergency medical care information. (1) The name, address, and
telephone number of the nearest emergency medical care facility shall be
on the safety
[[Page 210]]
poster or displayed close to the safety poster.
(2) The agricultural employer shall inform workers promptly of any
change to the information on emergency medical care facilities.
(d) Location. (1) The information shall be displayed in a central
location on the farm or in the nursery or greenhouse where it can be
readily seen and read by workers.
(2) The information shall be displayed in a location in or near the
forest in a place where it can be readily seen and read by workers and
where workers are likely to congregate or pass by, such as at a
decontamination site or an equipment storage site.
(e) Accessibility. Workers shall be informed of the location of the
information and shall be allowed access to it.
(f) Legibility. The information shall remain legible during the time
it is posted.
Sec. 170.150 Decontamination.
(a)(1) Requirement. The agricultural employer must provide
decontamination supplies for workers in accordance with this section
whenever:
(i) Any worker on the agricultural establishment is performing an
activity in the area where a pesticide was applied or a restricted-entry
interval (REI) was in effect within the last 30 days, and;
(ii) The worker contacts anything that has been treated with the
pesticide, including, but not limited to soil, water, plants, plant
surfaces, and plant parts.
(2) Exception. The 30-day time period established in paragraph
(a)(1)(i) of this section shall not apply if the only pesticides used in
the treated area are products with an REI of 4 hours or less on the
label (but not a product without an REI on the label). When workers are
in such treated areas, the agricultural employer shall provide
decontamination supplies for not less than 7 days following the
expiration of any applicable REI.
(b) General conditions. (1) The agricultural employer shall provide
workers with enough water for routine washing and emergency eyeflushing.
At all times when the water is available to workers, the employer shall
assure that it is of a quality and temperature that will not cause
illness or injury when it contacts the skin or eyes or if it is
swallowed.
(2) When water stored in a tank is to be used for mixing pesticides,
it shall not be used for decontamination or eyeflushing, unless the tank
is equipped with properly functioning valves or other mechanisms that
prevent movement of pesticides into the tank.
(3) The agricultural employer shall provide soap and single-use
towels in quantities sufficient to meet worker's needs.
(4) To provide for emergency eyeflushing, the agricultural employer
shall assure that at least 1 pint of water is immediately available to
each worker who is performing early-entry activities permitted by
Sec. 170.112 and for which the pesticide labeling requires protective
eyewear. The eyeflush water shall be carried by the early-entry worker,
or shall be on the vehicle the early-entry worker is using, or shall be
otherwise immediately accessible.
(c) Location. (1) The decontamination supplies shall be located
together and be reasonably accessible to and not more than 1/4 mile from
where workers are working.
(2) For worker activities performed more than 1/4 mile from the
nearest place of vehicular access:
(i) The soap, single-use towels, and water may be at the nearest
place of vehicular access.
(ii) The agricultural employer may permit workers to use clean water
from springs, streams, lakes, or other sources for decontamination at
the remote work site, if such water is more accessible than the water
located at the nearest place of vehicular access.
(3) The decontamination supplies shall not be maintained in an area
being treated with pesticides.
(4) The decontamination supplies shall not be maintained in an area
that is under a restricted-entry interval, unless the workers for whom
the supplies are provided are performing early-entry activities
permitted by Sec. 170.112 and involving contact with treated surfaces
and the decontamination supplies would otherwise not be reasonably
accessible to those workers.
[[Page 211]]
(d) Decontamination after early-entry activities. At the end of any
exposure period for workers engaged in early-entry activities permitted
by Sec. 170.112 and involving contact with anything that has been
treated with the pesticide to which the restricted-entry interval
applies, including, but not limited to, soil, water, air, or surfaces of
plants, the agricultural employer shall provide, at the site where the
workers remove personal protective equipment, soap, clean towels, and a
sufficient amount of water so that the workers may wash thoroughly.
[57 FR 38151, Aug. 21, 1992, as amended at 61 FR 33212, June 26, 1996]
Effective Date Note: At 61 FR 33212, June 26, 1996, Sec. 170.150 was
amended by revising paragraphs (a), (b)(3), (c)(1), (c)(2)(ii), (c)(3),
and (c)(4), effective Aug. 26, 1996. For the convenience of the user,
the superseded text is set forth as follows:
Sec. 170.150 Decontamination.
(a) Requirement. If any worker on an agricultural establishment
performs any activity in an area where, within the last 30 days, a
pesticide has been applied or a restricted-entry interval has been in
effect and contacts anything that has been treated with the pesticide,
including, but not limited to, soil, water, or surfaces of plants, the
agricultural employer shall provide, in accordance with this section, a
decontamination site for washing off pesticide residues.
(b) * * *
(3) The agricultural employer shall provide soap and single-use
towels at each decontamination site in quantities sufficient to meet
workers' needs.
* * * * *
(c) * * *
(1) The decontamination site shall be reasonably accessible to and
not more than 1/4 mile from where workers are working.
(2) * * *
(ii) The agricultural employer may permit workers to use clean water
from springs, streams, lakes, or other sources for decontamination at
the remote work site, if such water is more accessible than the water at
the decontamination site located at the nearest place of vehicular
access.
(3) The decontamination site shall not be in an area being treated
with pesticides.
(4) The decontamination site shall not be in an area that is under a
restricted-entry interval, unless the workers for whom the site is
provided are performing early-entry activities permitted by Sec. 170.112
and involving contact with treated surfaces and the decontamination site
would otherwise not be reasonably accessible to those workers.
* * * * *
Sec. 170.160 Emergency assistance.
If there is reason to believe that a person who is or has been
employed on an agricultural establishment to perform tasks related to
the production of agricultural plants has been poisoned or injured by
exposure to pesticides used on the agricultural establishment,
including, but not limited to, exposures from application, splash,
spill, drift, or pesticide residues, the agricultural employer shall:
(a) Make available to that person prompt transportation from the
agricultural establishment, including any labor camp on the agricultural
establishment, to an appropriate emergency medical facility.
(b) 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 application or use of the pesticide on the
agricultural establishment.
(4) The circumstances of exposure of that person to the pesticide.
Subpart C--Standard for Pesticide Handlers
Sec. 170.202 Applicability of this subpart.
Except as provided by Secs. 170.203 and 170.204, this subpart
applies when any pesticide is handled for use on an agricultural
establishment.
[60 FR 21952, May 3, 1995]
Sec. 170.203 Exceptions.
Exceptions. This subpart does not apply when any pesticide is
handled for use on an agricultural establishment in the following
circumstances:
(a) For mosquito abatement, Mediterranean fruit fly eradication, or
similar wide-area public pest control
[[Page 212]]
programs sponsored by governmental entities.
(b) On livestock or other animals, or in or about animal premises.
(c) On plants grown for other than commercial or research purposes,
which may include plants in habitations, home fruit and vegetable
gardens, and home greenhouses.
(d) On plants that are in ornamental gardens, parks, and public or
private lawns and grounds and that are intended only for aesthetic
purposes or climatic modification.
(e) 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 other noncrop
areas, and pasture and rangeland use.
(f) For control of vertebrate pests.
(g) As attractants or repellents in traps.
(h) On the harvested portions of agricultural plants or on harvested
timber.
(i) For research uses of unregistered pesticides.
[57 FR 38151, Aug. 21, 1992. Redesignated at 60 FR 21952, May 3, 1995]
Sec. 170.204 Exemptions.
The handlers listed in this section are exempt from the specified
provisions of this subpart.
(a) Owners of agricultural establishments. (1) The owner of an
agricultural establishment is not required to provide to himself or
members of his immediate family who are performing handling tasks on
their own agricultural establishment the protections of:
(i) Section 170.210(b) and (c).
(ii) Section 170.222.
(iii) Section 170.230.
(iv) Section 170.232.
(v) Section 170.234.
(vi) Section 170.235.
(vii) Section 170 240(e) through (g).
(viii) Section 170.250.
(ix) Section 170.260.
(2) The owner of the agricultural establishment must provide the
protections listed in paragraphs (a)(1)(i) through (ix) of this section
to other handlers and other persons who are not members of his immediate
family.
(b) Crop advisors. (1) Provided that the conditions of paragraph
(b)(2) of this section are met, a person who is certified or licensed as
a crop advisor by a program acknowledged as appropriate in writing by
EPA or a State or Tribal lead agency for pesticide enforcement, and
persons performing crop advising tasks under such qualified crop
advisor's direct supervision, are exempt from the provisions of:
(i) Section 170.232.
(ii) Section 170.240.
(iii) Section 170.250.
(iv) Section 170.260.
A person is under the direct supervision of a crop advisor when the crop
advisor exerts the supervisory controls set out in paragraphs (b)(2)(iv)
and (v) of this section. Direct supervision does not require that the
crop advisor be physically present at all times, but the crop advisor
must be readily accessible to the employees at all times.
(2) Conditions of exemption. (i) The certification or licensing
program requires pesticide safety training that includes, at least, all
the information in Sec. 170.230(c)(4).
(ii) No entry into the treated area occurs until after application
ends.
(iii) Applies only when performing crop advising tasks in the
treated area.
(iv) The crop advisor must make specific determinations regarding
the appropriate PPE, appropriate decontamination supplies, and how to
conduct the tasks safely. The crop advisor must convey this information
to each person under his direct supervision in a language that the
person understands.
(v) Before entering a treated area, the certified or licensed crop
advisor must inform, through an established practice of communication,
each person under his direct supervision of the pesticide products and
active ingredient(s) applied, method of application, time of
application, the restricted entry interval, which tasks to undertake,
and how to contact the crop advisor.
(c) Grace period for persons performing crop advisor tasks who are
not certified or licensed. (1) Provided that the conditions of paragraph
(c)(2) of this section are met, a person who is neither certified nor
licensed as a crop advisor and any person performing crop advising tasks
under his direct supervision is
[[Page 213]]
exempt until May 1, 1996, from the requirements of:
(i) Section 170.230.
(ii) Section 170.232.
(iii) Section 170.240.
(iv) Section 170.250.
(v) Section 170.260.
(2) Conditions of exemption. (i) No entry into the treated area
occurs until after application ends.
(ii) Applies only when the persons are performing crop advising
tasks in the treated area.
(iii) The crop advisor must make specific determinations regarding
the appropriate PPE, appropriate decontamination supplies, and how to
conduct the tasks safely. The crop advisor must convey this information
to each person under his direct supervision in a language that the
person understands.
(iv) Before entering a treated area, the crop advisor must inform,
through an established practice of communication, each person under his
direct supervision of the pesticide products and active ingredient(s)
applied, method of application, time of application, the restricted
entry interval, which tasks to undertake, and how to contact the crop
advisor.
[60 FR 21953, May 3, 1995]
Sec. 170.210 Restrictions during applications.
(a) Contact with workers and other persons. The handler employer and
the handler shall assure that no pesticide is applied so as to contact,
either directly or through drift, any worker or other person, other than
an appropriately trained and equipped handler.
(b) Handlers handling highly toxic pesticides. The handler employer
shall assure that any handler who is performing any handling activity
with a product that has the skull and crossbones symbol on the front
panel of the label is monitored visually or by voice communication at
least every 2 hours.
(c) Fumigant applications in greenhouses. The handler employer shall
assure:
(1) That any handler who handles a fumigant in a greenhouse,
including a handler who enters the greenhouse before the acceptable
inhalation exposure level or ventilation criteria have been met to
monitor air levels or to initiate ventilation, maintains continuous
visual or voice contact with another handler.
(2) That the other handler has immediate access to the personal
protective equipment required by the fumigant labeling for handlers in
the event entry into the fumigated greenhouse becomes necessary for
rescue.
Sec. 170.222 Providing specific information about applications.
When handlers (except those employed by a commercial pesticide
handling establishment) are on an agricultural establishment and, within
the last 30 days, a pesticide covered by this subpart has been applied
on the establishment or a restricted-entry interval has been in effect,
the handler employer shall display, in accordance with this section,
specific information about the pesticide.
(a) Location, accessibility, and legibility. The information shall
be displayed in the same location specified for the pesticide safety
poster in Sec. 170.235(d) of this part and shall be accessible and
legible, as specified in Sec. 170.235(e) and (f) of this part.
(b) Timing. (1) If warning signs are posted for the treated area
before an application, the specific application information for that
application shall be posted at the same time or earlier.
(2) The information shall be posted before the application takes
place, if handlers (except those employed by a commercial pesticide
handling establishment) will be on the establishment during application.
Otherwise, the information shall be posted at the beginning of any such
handler's first work period.
(3) The information shall continue to be displayed for at least 30
days after the end of the restricted-entry interval (or, if there is no
restricted-entry interval, for at least 30 days after the end of the
application) or at least until the handlers are no longer on the
establishment, whichever is earlier.
(c) Required information. The information shall include:
(1) The location and description of the treated area.
(2) The product name, EPA registration number, and active
ingredient(s) of the pesticide.
[[Page 214]]
(3) The time and date the pesticide is to be applied.
(4) The restricted-entry interval for the pesticide.
Sec. 170.224 Notice of applications to agricultural employers.
Before the application of any pesticide on or in an agricultural
establishment, the handler employer shall provide the following
information to any agricultural employer for the establishment or shall
assure that any agricultural employer is aware of:
(a) Specific location and description of the treated area.
(b) Time and date of application.
(c) Product name, EPA registration number, and active ingredient(s).
(d) Restricted-entry interval.
(e) Whether posting and oral notification are required.
(f) Any other product-specific requirements on the product labeling
concerning protection of workers or other persons during or after
application.
Sec. 170.230 Pesticide safety training for handlers.
(a) Requirement. Before any handler performs any handling task, the
handler employer shall assure that the handler has been trained in
accordance with this section during the last 5 years, counting from the
end of the month in which the training was completed.
(b) Exceptions. The following persons need not be trained under this
section:
(1) A handler who is currently certified as an applicator of
restricted-use pesticides under part 171 of this chapter.
(2) A handler who satisfies the training requirements of part 171 of
this chapter.
(3) A handler who is certified or licensed as a crop advisor by a
program acknowledged as appropriate in writing by EPA or a State or
Tribal lead agency for pesticide enforcement, provided that a
requirement for such certification or licensing is pesticide safety
training that includes all the information set out in
Sec. 170.230(c)(4).
(c) Training programs. (1) General pesticide safety information
shall be presented to handlers either orally from written materials or
audiovisually. The information must be presented in a manner that the
handlers can understand (such as through a translator). The presenter
also shall respond to handlers' questions.
(2) The person who conducts the training shall meet at least one of
the following criteria:
(i) Be currently certified as an applicator of restricted-use
pesticides under part 171 of this chapter; or
(ii) Be currently designated as a trainer of certified applicators
or pesticide handlers by a State, Federal, or Tribal agency having
jurisdiction; or
(iii) Have completed a pesticide safety train-the-trainer program
approved by a State, Federal, or Tribal agency having jurisdiction.
(3) Any person who issues an EPA-approved Worker Protection Standard
handler training certificate must assure that the handler who receives
the training certificate has been trained in accordance with paragraph
(c)(4) of this section.
(4) The pesticide safety training materials must convey, at a
minimum, the following information:
(i) Format and meaning of information contained on pesticide labels
and in labeling, including safety information such as precautionary
statements about human health hazards.
(ii) Hazards of pesticides resulting from toxicity and exposure,
including acute and chronic effects, delayed effects, and sensitization.
(iii) Routes by which pesticides can enter the body.
(iv) Signs and symptoms of common types of pesticide poisoning.
(v) Emergency first aid for pesticide injuries or poisonings.
(vi) How to obtain emergency medical care.
(vii) Routine and emergency decontamination procedures.
(viii) Need for and appropriate use of personal protective
equipment.
(ix) Prevention, recognition, and first aid treatment of heat-
related illness.
(x) Safety requirements for handling, transporting, storing, and
disposing of pesticides, including general procedures for spill cleanup.
(xi) Environmental concerns such as drift, runoff, and wildlife
hazards.
[[Page 215]]
(xii) Warnings about taking pesticides or pesticide containers home.
(xiii) Requirements of this subpart that must be followed by handler
employers for the protection of handlers and other persons, including
the prohibition against applying pesticides in a manner that will cause
contact with workers or other persons, the requirement to use personal
protective equipment, the provisions for training and decontamination,
and the protection against retaliatory acts.
(d) Verification of training. (1) Except as provided in paragraph
(d)(2) of this section, if the handler employer assures that a handler
possesses an EPA-approved Worker Protection Standard handler training
certificate, then the requirements of paragraph (a) of this section will
have been met.
(2) If the handler employer is aware or has reason to know that an
EPA-approved Worker Protection Standard handler training certificate has
not been issued in accordance with this section, or has not been issued
to the handler bearing the certificate, or the handler training was
completed more than 5 years before the beginning of the current month, a
handler's possession of that certificate does not meet the requirements
of paragraph (a) of this section.
[57 FR 38151, Aug. 21, 1992, as amended at 60 FR 21953, May 3, 1995]
Sec. 170.232 Knowledge of labeling and site-specific information.
(a) Knowledge of labeling information. (1) The handler employer
shall assure that before the handler performs any handling activity, the
handler either has read the product labeling or has been informed in a
manner the handler can understand of all labeling requirements related
to safe use of the pesticide, such as signal words, human hazard
precautions, personal protective equipment requirements, first aid
instructions, environmental precautions, and any additional precautions
pertaining to the handling activity to be performed.
(2) The handler employer shall assure that the handler has access to
the product labeling information during handling activities.
(b) Knowledge of site-specific information. Whenever a handler who
is employed by a commercial pesticide handling establishment will be
performing pesticide handling tasks on an agricultural establishment,
the handler employer shall assure that the handler is aware of the
following information concerning any areas on the agricultural
establishment that the handler may be in (or may walk within 1/4 mile
of) and that may be treated with a pesticide or that may be under a
restricted-entry interval while the handler will be on the agricultural
establishment:
(1) Specific location and description of any such areas; and
(2) Restrictions on entering those areas.
Sec. 170.234 Safe operation of equipment.
(a) The handler employer shall assure that before the handler uses
any equipment for mixing, loading, transferring, or applying pesticides,
the handler is instructed in the safe operation of such equipment,
including, when relevant, chemigation safety requirements and drift
avoidance.
(b) The handler employer shall assure that, before each day of use,
equipment used for mixing, loading, transferring, or applying pesticides
is inspected for leaks, clogging, and worn or damaged parts, and any
damaged equipment is repaired or is replaced.
(c) Before allowing any person to repair, clean, or adjust equipment
that has been used to mix, load, transfer, or apply pesticides, the
handler employer shall assure that pesticide residues have been removed
from the equipment, unless the person doing the cleaning, repairing, or
adjusting is a handler employed by the agricultural or commercial
pesticide handling establishment. If pesticide residue removal is not
feasible, the handler employer shall assure that the person who repairs,
cleans, or adjusts such equipment is informed:
(1) That such equipment may be contaminated with pesticides.
(2) Of the potentially harmful effects of exposure to pesticides.
(3) Of the correct way to handle such equipment.
[[Page 216]]
Sec. 170.235 Posted pesticide safety information.
(a) Requirement. When handlers (except those employed by a
commercial pesticide handling establishment) are on an agricultural
establishment and, within the last 30 days, a pesticide covered by this
subpart has been applied on the establishment or a restricted-entry
interval has been in effect, the handler employer shall display, in
accordance with this section, pesticide safety information.
(b) Pesticide safety poster. A safety poster must be displayed that
conveys, at a minimum, the following basic pesticide safety concepts:
(1) Help keep pesticides from entering your body. At a minimum, the
following points shall be conveyed:
(i) Avoid getting on your skin or into your body any pesticides that
may be on plants and soil, in irrigation water, or drifting from nearby
applications.
(ii) Wash before eating, drinking, using chewing gum or tobacco, or
using the toilet.
(iii) Wear work clothing that protects the body from pesticide
residues (long-sleeved shirts, long pants, shoes and socks, and a hat or
scarf).
(iv) Wash/shower with soap and water, shampoo hair, and put on clean
clothes after work.
(v) Wash work clothes separately from other clothes before wearing
them again.
(vi) Wash immediately in the nearest clean water if pesticides are
spilled or sprayed on the body. As soon as possible, shower, shampoo,
and change into clean clothes.
(vii) Follow directions about keeping out of treated or restricted
areas.
(2) There are Federal rules to protect workers and handlers
including a requirement for safety training.
(c) Emergency medical care information. (1) The name, address, and
telephone number of the nearest emergency medical care facility shall be
on the safety poster or displayed close to the safety poster.
(2) The handler employer shall inform handlers promptly of any
change to the information on emergency medical care facilities.
(d) Location. (1) The information shall be displayed in a central
location on the farm or in the nursery or greenhouse where it can be
readily seen and read by handlers.
(2) The information shall be displayed in a location in or near the
forest in a place where it can be readily seen and read by handlers and
where handlers are likely to congregate or pass by, such as at a
decontamination site or an equipment storage site.
(e) Accessibility. Handlers shall be informed of the location of the
information and shall be allowed access to it.
(f) Legibility. The information shall remain legible during the time
it is posted.
Sec. 170.240 Personal protective equipment.
(a) Requirement. Any person who performs tasks as a pesticide
handler shall use the clothing and personal protective equipment
specified on the labeling for use of the product.
(b) Definition. (1) Personal protective equipment (PPE) means
devices and apparel that are worn to protect the body from contact with
pesticides or pesticide residues, including, but not limited to,
coveralls, chemical-resistant suits, chemical-resistant gloves,
chemical-resistant footwear, respiratory protection devices, chemical-
resistant aprons, chemical-resistant headgear, and protective eyewear.
(2) Long-sleeved shirts, short-sleeved shirts, long pants, short
pants, shoes, socks, and other items of work clothing are not considered
personal protective equipment for the purposes of this section and are
not subject to the requirements of this section, although pesticide
labeling may require that such work clothing be worn during some
activities.
(c) Provision. When personal protective equipment is specified by
the labeling of any pesticide for any handling activity, the handler
employer shall provide the appropriate personal protective equipment in
clean and operating condition to the handler.
(1) When ``chemical-resistant'' personal protective equipment is
specified by the product labeling, it shall be made of material that
allows no measurable movement of the pesticide being used through the
material during use.
[[Page 217]]
(2) When ``waterproof'' personal protective equipment is specified
by the product labeling, it shall be made of material that allows no
measurable movement of water or aqueous solutions through the material
during use.
(3) When a ``chemical-resistant suit'' is specified by the product
labeling, it shall be a loose-fitting, one- or two-piece chemical-
resistant garment that covers, at a minimum, the entire body except
head, hands, and feet.
(4) When ``coveralls'' are specified by the product labeling, they
shall be a loose-fitting, one- or two-piece garment, such as a cotton or
cotton and polyester coverall, that covers, at a minimum, the entire
body except head, hands, and feet. The pesticide product labeling may
specify that the coveralls be worn over another layer of clothing.
(5) Gloves shall be of the type specified by the product labeling.
Gloves or glove linings made of leather, cotton, or other absorbent
material shall not be worn for handling activities unless such materials
are listed on the product labeling as acceptable for such use.
(6) When ``chemical-resistant footwear'' is specified by the product
labeling, one of the following types of footwear must be worn:
(i) Chemical-resistant shoes.
(ii) Chemical-resistant boots.
(iii) Chemical-resistant shoe coverings worn over shoes or boots.
(7) When ``protective eyewear'' is specified by the product
labeling, one of the following types of eyewear must be worn:
(i) Goggles.
(ii) Face shield.
(iii) Safety glasses with front, brow, and temple protection.
(iv) Full-face respirator.
(8) When a ``chemical-resistant apron'' is specified by the product
labeling, an apron that covers the front of the body from mid-chest to
the knees shall be worn.
(9) When a respirator is specified by the product labeling, it shall
be appropriate for the pesticide product used and for the activity to be
performed. The handler employer shall assure that the respirator fits
correctly.
(10) When ``chemical-resistant headgear'' is specified by the
product labeling, it shall be either a chemical resistant hood or a
chemical-resistant hat with a wide brim.
(d) Exceptions to personal protective equipment specified on product
labeling--(1) Body protection. (i) A chemical-resistant suit may be
substituted for ``coveralls,'' and any requirement for an additional
layer of clothing beneath is waived.
(ii) A chemical-resistant suit may be substituted for ``coveralls''
and a chemical-resistant apron.
(2) Boots. If chemical-resistant footwear with sufficient durability
and a tread appropriate for wear in rough terrain is not obtainable,
then leather boots may be worn in such terrain.
(3) Gloves. If chemical-resistant gloves with sufficient durability
and suppleness are not obtainable, then during handling activities with
roses or other plants with sharp thorns, leather gloves may be worn over
chemical-resistant glove liners. However, once leather gloves are worn
for this use, thereafter they shall be worn only with chemical-resistant
liners and they shall not be worn for any other use.
(4) Closed systems. If handling tasks are performed using properly
functioning systems that enclose the pesticide to prevent it from
contacting handlers or other persons, and if such systems are used and
are maintained in accordance with that manufacturer's written operating
instructions, exceptions to labeling-specified personal protective
equipment for the handling activity are permitted as provided in
paragraphs (d)(4)(i) and (ii) of this section.
(i) Persons using a closed system to mix or load pesticides with a
signal word of DANGER or WARNING may substitute a long-sleeved shirt,
long pants, shoes, socks, chemical-resistant apron, and any protective
gloves specified on the labeling for handlers for the labeling-specified
personal protective equipment.
(ii) Persons using a closed system to mix or load pesticides other
than those in paragraph (d)(4)(i) of this section or to perform other
handling tasks may substitute a long-sleeved shirt, long pants, shoes,
and socks for the labeling-specified personal protective equipment.
[[Page 218]]
(iii) Persons using a closed system that operates under pressure
shall wear protective eyewear.
(iv) Persons using a closed system shall have all labeling-specified
personal protective equipment immediately available for use in an
emergency.
(5) Enclosed cabs. If handling tasks are performed from inside a cab
that has a nonporous barrier which totally surrounds the occupants of
the cab and prevents contact with pesticides outside of the cab,
exceptions to personal protective equipment specified on the product
labeling for that handling activity are permitted as provided in
paragraphs (d)(5)(i) through (iv) of this section.
(i) Persons occupying an enclosed cab may substitute a long-sleeved
shirt, long pants, shoes, and socks for the labeling-specified personal
protective equipment. If a respiratory protection device is specified on
the pesticide product labeling for the handling activity, it must be
worn.
(ii) Persons occupying an enclosed cab that has a properly
functioning ventilation system which is used and maintained in
accordance with the manufacturer's written operating instructions and
which is declared in writing by the manufacturer or by a governmental
agency to provide respiratory protection equivalent to or greater than a
dust/mist filtering respirator may substitute a long-sleeved shirt, long
pants, shoes, and socks for the labeling-specified personal protective
equipment. If a respiratory protection device other than a dust/mist-
filtering respirator is specified on the pesticide product labeling, it
must be worn.
(iii) Persons occupying an enclosed cab that has a properly
functioning ventilation system which is used and maintained in
accordance with the manufacturer's written operating instructions and
which is declared in writing by the manufacturer or by a governmental
agency to provide respiratory protection equivalent to or greater than
the vapor- or gas-removing respirator specified on pesticide product
labeling may substitute a long-sleeved shirt, long pants, shoes, and
socks for the labeling-specified personal protective equipment. If an
air-supplying respirator or a self-contained breathing apparatus (SCBA)
is specified on the pesticide product labeling, it must be worn.
(iv) Persons occupying an enclosed cab shall have all labeling-
specified personal protective equipment immediately available and stored
in a chemical-resistant container, such as a plastic bag. They shall
wear such personal protective equipment if it is necessary to exit the
cab and contact pesticide-treated surfaces in the treated area. Once
personal protective equipment is worn in the treated area, it must be
removed before reentering the cab.
(6) Aerial applications--(i) Use of gloves. Chemical-resistant
gloves shall be worn when entering or leaving an aircraft contaminated
by pesticide residues. In the cockpit, the gloves shall be kept in an
enclosed container to prevent contamination of the inside of the
cockpit.
(ii) Open cockpit. Persons occupying an open cockpit shall use the
personal protective equipment specified in the product labeling for use
during application, except that chemical-resistant footwear need not be
worn. A helmet may be substituted for chemical-resistant headgear. A
visor may be substituted for protective eyewear.
(iii) Enclosed cockpit. Persons occupying an enclosed cockpit may
substitute a long-sleeved shirt, long pants, shoes, and socks for
labeling-specified personal protective equipment.
(7) Crop advisors. Crop advisors entering treated areas while a
restricted-entry interval is in effect may wear the personal protective
equipment specified on the pesticide labeling for early-entry activities
instead of the personal protective equipment specified on the pesticide
labeling for handling activities, provided:
(i) Application has been completed for at least 4 hours.
(ii) Any inhalation exposure level listed in the labeling has been
reached or any ventilation criteria established by Sec. 170.110(c)(3) or
in the labeling have been met.
(e) Use of personal protective equipment. (1) The handler employer
shall assure that personal protective equipment is used correctly for
its intended
[[Page 219]]
purpose and is used according to the manufacturer's instructions.
(2) The handler employer shall assure that, before each day of use,
all personal protective equipment is inspected for leaks, holes, tears,
or worn places, and any damaged equipment is repaired or discarded.
(f) Cleaning and maintenance. (1) The handler employer shall assure
that all personal protective equipment is cleaned according to the
manufacturer's instructions or pesticide product labeling instructions
before each day of reuse. In the absence of any such instructions, it
shall be washed thoroughly in detergent and hot water.
(2) If any personal protective equipment cannot be cleaned properly,
the handler employer shall dispose of the personal protective equipment
in accordance with any applicable Federal, State, and local regulations.
Coveralls or other absorbent materials that have been drenched or
heavily contaminated with an undiluted pesticide that has the signal
word DANGER or WARNING on the label shall be not be reused.
(3) The handler employer shall assure that contaminated personal
protective equipment is kept separately and washed separately from any
other clothing or laundry.
(4) The handler employer shall assure that all clean personal
protective equipment shall be either dried thoroughly before being
stored or shall be put in a well ventilated place to dry.
(5) The handler employer shall assure that all personal protective
equipment is stored separately from personal clothing and apart from
pesticide-contaminated areas.
(6) The handler employer shall assure that when dust/mist filtering
respirators are used, the filters shall be replaced:
(i) When breathing resistance becomes excessive.
(ii) When the filter element has physical damage or tears.
(iii) According to manufacturer's recommendations or pesticide
product labeling, whichever is more frequent.
(iv) In the absence of any other instructions or indications of
service life, at the end of each day's work period.
(7) The handler employer shall assure that when gas- or vapor-
removing respirators are used, the gas- or vapor-removing canisters or
cartridges shall be replaced:
(i) At the first indication of odor, taste, or irritation.
(ii) According to manufacturer's recommendations or pesticide
product labeling, whichever is more frequent.
(iii) In the absence of any other instructions or indications of
service life, at the end of each day's work period.
(8) The handler employer shall inform any person who cleans or
launders personal protective equipment:
(i) That such equipment may be contaminated with pesticides.
(ii) Of the potentially harmful effects of exposure to pesticides.
(iii) Of the correct way(s) to clean personal protective equipment
and to protect themselves when handling such equipment.
(9) The handler employer shall assure that handlers have a clean
place(s) away from pesticide storage and pesticide use areas where they
may:
(i) Store personal clothing not in use.
(ii) Put on personal protective equipment at the start of any
exposure period.
(iii) Remove personal protective equipment at the end of any
exposure period.
(10) The handler employer shall not allow or direct any handler to
wear home or to take home personal protective equipment contaminated
with pesticides.
(g) Heat-related illness. When the use of personal protective
equipment is specified by the labeling of any pesticide for the handling
activity, the handler employer shall assure that no handler is allowed
or directed to perform the handling activity unless appropriate measures
are taken, if necessary, to prevent heat-related illness.
Sec. 170.250 Decontamination.
(a) Requirement. During any handling activity, the handler employer
shall provide for handlers, in accordance with this section,
decontamination supplies for washing off pesticides and pesticide
residues.
(b) General conditions. (1) The handler employer shall provide
handlers with enough water for routine washing, for
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emergency eyeflushing, and for washing the entire body in case of an
emergency. At all times when the water is available to handlers, the
handler employer shall assure that it is of a quality and temperature
that will not cause illness or injury when it contacts the skin or eyes
or if it is swallowed.
(2) When water stored in a tank is to be used for mixing pesticides,
it shall not be used for decontamination or eye flushing, unless the
tank is equipped with properly functioning valves or other mechanisms
that prevent movement of pesticides into the tank.
(3) The handler employer shall provide soap and single-use towels in
quantities sufficient to meet handlers' needs.
(4) The handler employer shall provide one clean change of clothing,
such as coveralls, for use in an emergency.
(c) Location. The decontamination supplies shall be located together
and be reasonably accessible to and not more than \1/4\ mile from each
handler during the handling activity.
(1) Exception for mixing sites. For mixing activities,
decontamination supplies shall be at the mixing site.
(2) Exception for pilots. Decontamination supplies for a pilot who
is applying pesticides aerially shall be in the airplaine or at the
aircraft loading site.
(3) Exception for handling pesticides in remote areas. When handling
activities are performed more than 1/4 mile from the nearest place of
vehicular access:
(i) The soap, single-use towels, clean change of clothing, and water
may be at the nearest place of vehicular access.
(ii) The handler employer may permit handlers to use clean water
from springs, streams, lakes, or other sources for decontamination at
the remote work site, if such water is more accessible than the water
located at the nearest place of vehicular access.
(4) Decontamination supplies in treated areas. The decontamination
supplies shall not be in an area being treated with pesticides or in an
area under a restricted-entry interval, unless:
(i) The decontamination supplies are in the area where the handler
is performing handling activities;
(ii) The soap, single-use towels, and clean change of clothing are
in enclosed containers; and
(iii) The water is running tap water or is enclosed in a container.
(d) Emergency eyeflushing. To provide for emergency eyeflushing, the
handler employer shall assure that at least 1 pint of water is
immediately available to each handler who is performing tasks for which
the pesticide labeling requires protective eyewear. The eyeflush water
shall be carried by the handler, or shall be on the vehicle or aircraft
the handler is using, or shall be otherwise immediately accessible.
(e) Decontamination after handling activities. At the end of any
exposure period, the handler employer shall provide at the site where
handlers remove personal protective equipment, soap, clean towels, and a
sufficient amount of water so that the handlers may wash thoroughly.
[57 FR 38151, Aug. 21, 1992, as amended at 61 FR 33213, June 26, 1996]
Effective Date Note: At 61 FR 33213, June 26, 1996, Sec. 170.250 was
amended by revising paragraphs (a), (b)(3), (b)(4), (c) introductory
text, (c)(1), (c)(2), (c)(3)(ii), (c)(4) heading and introductory text,
and (c)(4)(i), effective Aug. 26, 1996. For the convenience of the user,
the superseded text is set forth as follows:
Sec. 170.250 Decontamination.
(a) Requirement. During any handling activity, the handler employer
shall provide for handlers, in accordance with this section, a
decontamination site for washing off pesticides and pesticide residues.
(b) * * *
(3) The handler employer shall provide soap and single-use towels at
each decontamination site in quantities sufficient to meet handlers'
needs.
(4) The handler employer shall provide one clean change of clothing,
such as coveralls, at each decontamination site for use in an emergency.
(c) * * * The decontamination site shall be reasonably accessible to
and not more than 1/4 mile from each handler during the handling
activity.
(1) Exception for mixing sites. For mixing activities, the
decontamination site shall be at the mixing site.
(2) Exception for pilots. The decontamination site for a pilot who
is applying pesticides aerially shall be in the airplane or at the
aircraft's loading site.
(3) * * *
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(ii) The handler employer may permit handlers to use clean water
from springs, streams, lakes, or other sources for decontamination at
the remote work site, if such water is more accessible than the water at
the decontamination site located at the nearest place of vehicular
access.
(4) Decontamination site in treated areas. The decontamination site
shall not be in an area being treated with pesticides or in an area
under a restricted-entry interval, unless:
(i) The decontamination site is in the area where the handler is
performing handling activities;
* * * * *
Sec. 170.260 Emergency assistance.
If there is reason to believe that a person who is or has been
employed by an agricultural establishment or commercial pesticide
handling establishment to perform pesticide handling tasks has been
poisoned or injured by exposure to pesticides as a result of that
employment, including, but not limited to, exposures from handling tasks
or from application, splash, spill, drift, or pesticide residues, the
handler employer shall:
(a) Make available to that person prompt transportation from the
place of employment or the handling site to an appropriate emergency
medical facility.
(b) 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.