296-307-107 Federal worker protection
standard--Washington state department of agriculture.
296-307-110 Scope and purpose--Worker protection standards--40
CFR, § 170.1.
296-307-11005 Definitions--Worker protection standards--40
CFR, § 170.3
296-307-11010 General duties and prohibited actions--Worker
protection standards--40 CFR, § 170.7.
296-307-11015 Violations of this part--Worker protection standards--40
CFR, § 170.9.
296-307-120 Applicability of this section--Standards for workers--40
CFR, § 170.102.
296-307-12005 Exceptions--Standards for workers--40 CFR, §
170.103.
296-307-12010 Exemptions--Standards for workers--40 CFR, §
170.104.
296-307-12015 Restrictions associated with pesticide applications-Standards
for workers--40 CFR, § 170.110.
296-307-12020 Entry restrictions--Standards for workers--40
CFR, § 170.112
296-307-12025 Notice of applications--Standards for workers--40
CFR, § 170.120. 296-307-12030 Providing specific
information about applications--Standards for workers--40 CFR,
§ 170.122. 296-307-12035 Notice of applications
to handler employers--Standards for workers--40 CFR, § 170.124.
296-307-12040 Pesticide safety training-Standards for workers--40
CFR, § 170.130.
296-307-12045 Posted pesticide safety information--Standards
for workers--40 CFR, § 170.135.
296-307-12050 Decontamination--Standards for workers--40 CFR,
§ 170.150.
296-307-12055 Emergency assistance--Standards for workers--40
CFR, § 170.160.
296-307-130 Applicability of this section--Standards for pesticide
handlers--40 CFR, § 170.202.
296-307-13005 Exemptions--Standards for handlers--40 CFR,
§ 170.204.
296-307-13010 Restrictions during applications--Standards
for pesticide handlers--40 CFR, § 170.210. 296-307-13015
Providing specific information about applications--Standards for
pesticide handlers--40 CFR, § 170.222. 296-307-13020
Notice of applications to agricultural employers--Standards for
pesticide handlers--40 CFR, § 170.224. 296-307-13025
Pesticide safety training--Standards for pesticide handlers--40
CFR, § 170.230.
296-307-13030 Knowledge of labeling and site-specific information--Standards
for pesticide handlers--40 CFR, § 170.232. 296-307-13035
Safe operation of equipment--Standards for pesticide handlers--40
CFR, § 170.234. 296-307-13040
Posted pesticide safety information--Standards for pesticide handlers--40
CFR, § 170.235. 296-307-13045
Personal protective equipment--Standards for pesticide handlers--40
CFR, § 170.240.
296-307-13050 Decontamination--Standards for pesticide handlers--40
CFR, § 170.250.
296-307-13055 Emergency assistance--Standards for pesticide
handlers--40 CFR, § 170.260
WAC
296-307-107 Federal worker protection standards--Washington
state department of agriculture.
This part contains the federal Environmental Protection Agency
worker protection standards as listed in 40 CFR, Part 170. Revisions
to the federal language have been incorporated into this chapter
in order to be consistent with other requirements of Washington
state law. These rules are adopted in conjunction with rules adopted
by the Washington state department of agriculture in chapter 16-233
WAC.
WAC
296-307-110 Scope and purpose--Worker protection standards--40
CFR, § 170.1.
This part contains standards 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 to reduce 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.
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 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 pesticide treated
area during a restricted-entry interval, when no alternative practices
would prevent or mitigate a substantial economic loss.
“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.
Note: This definition does not conflict
with the definition of employer in WAC
296-307-012.
“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.
“Animal premise” means the actual structure
used to house, cage or confine animals such as: Barns, poultry
houses, mink sheds, corrals, or structures used for shelter.
“Chemigation” means the application of pesticides
through irrigation systems.
“Commercial pesticide handling establishment”
means any establishment, other than an agricultural establishment,
that:
Employs any person, including a self-employed person, to
apply on an agricultural establishment, pesticides used in
the production of agricultural plants.
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 and who holds a current
Washington state department of agriculture commercial consultant
license in the agricultural areas in which they are advising.
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 cause a worker to have
substantial contact with surfaces (such as plants, plant parts,
or soil) that may contain pesticide residues. The 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 a person, including a self-employed
person.
Who is employed for any type of compensation by an agricultural
establishment or commercial pesticide handling establishment
of which WAC
296-307-130 applies and who is:
Mixing, loading, transferring, or applying pesticides.
Disposing of pesticides or pesticide containers.
Handling opened containers of pesticides.
Acting as a flagger.
Cleaning, adjusting, handling, or repairing the parts of
mixing, loading, or application equipment that may contain
pesticide residues.
Assisting with the application of pesticides.
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 WAC
296-307-12015(3)(c) or in the labeling has been met:
To operate ventilation equipment
To adjust or remove coverings used in fumigation.
To monitor air levels.
Entering a treated area outdoors after application of any
soil fumigant to adjust or remove soil coverings such as tarpaulins.
Performing tasks as a crop advisor:
During any pesticide application.
Before the inhalation exposure level in the labeling has
been reached or one of the ventilation criteria established
by WAC
296-307-12015 (3)(c) or in the labeling has been met.
During any restricted-entry interval.
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 chapter. 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.
“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.
“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 WAC
296-307-120 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
WAC 296-307-120.
WAC
296-307-11010 General duties and prohibited actions--Worker
protection standards--40 CFR, § 170.7.
(1) General duties. The agricultural employer or the handler
employer, as appropriate, shall:
(a) Assure that each worker subject to WAC
296-307-120 or each handler subject to WAC
296-307-130 receives the protections required by this part.
(b) Assure that any pesticide to which WAC
296-307-130 applies is used in a manner consistent with
the labeling of the pesticide, including the requirements of
this part.
(c) 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.
(d) 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.
(2) 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.
WAC
296-307-11015 Violations of this part--Worker protection standards--40
CFR, § 170.9.
(1) RCW 15.58.150 (2)(c) provides that it is unlawful for any
person “. . to use or cause to be used any pesticide contrary
to label directions . ..” When 40 CFR, Part 170 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 purposes of this chapter, the term “use”
is interpreted to include:
(a) 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.
(b) Application of the pesticide.
(c) 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 thirty days. These activities include, but are
not limited to, responsibilities related to worker training,
notification, and decontamination.
(d) 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.
(2) A person who has a duty under this chapter, as referenced
on the pesticide product label, and who fails to perform that
duty, violates RCW 15.58.330 and 17.21.315, and is subject to
civil penalties under RCW 15.58.335, 15.58.260 and 17.21.315.
(3) 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.
(4) The requirements of this chapter, 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 the general sanitary hazards addressed by Field Sanitation,
WAC
296-307-095, or other agricultural, nonpesticide hazards.
WAC
296-307-120 Applicability of this section--Standards for workers--40
CFR, § 170.102.
Requirement. Except as provided by WAC
296-307-12005 and 296-307-12010,
WAC
296-307-120 applies when any pesticide product is used on
an agricultural establishment in the production of agricultural
plants.
WAC
296-307-12005 Exceptions--Standards for workers--40 CFR, §
170.103.
This section does not apply when any pesticide is applied on
an agricultural establishment in the following circumstances:
(1) For mosquito abatement, Mediterranean fruit fly eradication,
or similar wide-area public pest control programs sponsored by
governmental entities.
(2) On livestock or other animals, or in or about animal premises.
(3) On plants grown for other than commercial or research purposes,
which may include plants in habitations, home fruit and vegetable
gardens, and home greenhouses.
(4) 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.
(5) By injection directly into agricultural plants. Direct injection
does not include “hack and squirt,” “frill and
spray,” chemigation, soil-incorporation, or soil-injection.
(6) 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.
(7) For control of vertebrate pests.
(8) As attractants or repellents in traps.
(9) On the harvested portions of agricultural plants or on harvested
timber.
(10) For research uses of unregistered pesticides.
WAC
296-307-12010 Exemptions--Standards for workers--40 CFR, §
170.104.
The workers listed in this section are exempt from the specified
provisions of WAC
296-307-120.
(1) Owners of agricultural establishments.
(a) The owner of an agricultural establishment is not required
to provide to himself/herself or members of his/her immediate
family who are performing tasks related to the production of
agricultural plants on their own agricultural establishment
the protections of:
(b) The owner of the agricultural establishment must provide
the protections listed in (a)(i) through (viii) of this subsection
to other workers and other persons who are not members of his/her
immediate family.
(2) Crop advisors.
(a) Provided that the conditions 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:
A person is under the direct supervision of a crop advisor
when the crop advisor exerts the supervisory controls set
out in (b)(iii) and (iv) of this subsection. 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.
(b) Conditions of exemption.
(i) The certification or licensing program requires pesticide
safety training that includes, at least, all the information
in WAC
296-307-13025 (3)(d).
(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/her 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.
WAC
296-307-12015 Restrictions associated with pesticide applications--Standards
for workers--40 CFR, § 170.110.
(1) 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.
(2) Nurseries. In a nursery, during any pesticide application
described in column A of Table 1 of this section, 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 section. 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
A. During Application
of a Pesticide:
B. Workers are
Prohibited in:
(1)(a) Applied: (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.
Treated area plus
100 feet in all directions on the nursery
(2)(a) Applied downward
using: (i) A height of greater than 12 inches from the
planting medium, or (ii) A fine spray, or (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.
Treated area plus
25 feet in all directions on the nursery
(3) Applied otherwise
Treated area
(3) Greenhouses.
(a) When a pesticide application described in column A of Table
2 under (d) of this subsection 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.
(b) After the time specified in column C of Table 2 under (d)
of this subsection 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 (d) of this subsection,
except as provided in WAC
296-307-12020.
(c) When column C of Table 2 under (d) of this subsection 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 one hour
of mechanical ventilation; or
(v) Eleven hours with no ventilation followed by two hours
of passive ventilation; or
(vi) Twenty-four hours with no ventilation.
(d) The following Table 2 applies to (a), (b) and (c) of this
subsection.
TABLE 2.--GREENHOUSE ENTRY RESTRICTIONS
ASSOCIATED WITH PESTICIDE APPLICATIONS
A. When a pesticide
is Applied:
B. Workers are Prohibited
in:
Until:
D. After the Expiration
of Time in Column C Until the Restricted-Entry Interval
Expires, the Entry-Restricted Area is:
(1) As a fumigant
Entire greenhouse plus
any adjacent structure that cannot be sealed off from the
treated area
The ventilation criteria
of (c) of this subsection are met
No entry restrictions
after criteria in column C are met
(2) As a: (i) Smoke,
or (ii) Mist, or (iii) Fog, or (iv) Aerosol
Entire enclosed area
The ventilation criteria
of (c) of this subsection are met
Entire enclosed area
in the treated area
(3) Not in 1 or 2 above,
and for which a respiratory protection device is required
for application by the product labeling
Entire enclosed area
The ventilation criteria
of (c) of this subsection are met
Treated area
(4) Not in 1, 2, or
3 above, and: (i) From a height greater than 12 in. from
the planting medium, or (ii) As a fine spray, or (iii) Using
a spray pressure greater than 40 psi
Treated area plus 25
feet in all directions in the enclosed area
WAC
296-307-12020 Entry restrictions--Standards for workers--40
CFR, § 170.112.
(1) General restrictions.
(a) After the application of any pesticide on an agricultural
establishment, the 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.
(b) Entry-restricted areas in greenhouses are specified in
column D in Table 2 under WAC
296-307-12015 (3)(d).
(c) When two or more pesticides are applied at the same time,
the restricted-entry interval shall be the longest of the applicable
intervals.
(d) The agricultural employer shall assure that any worker
who enters a treated area under a restricted-entry interval
as permitted by subsections (3), (4), and (5) 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.
(2) 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:
(a) 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
(b) No such entry is allowed until any inhalation exposure
level listed in the labeling has been reached or any ventilation
criteria established by WAC
296-307-12015 (3)(c) or in the labeling have been met.
(3) 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:
(a) No hand labor activity is performed.
(b) The time in treated areas under a restricted-entry interval
for any worker does not exceed one hour in any twenty-four-hour
period.
(c) No such entry is allowed for the first four 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 WAC
296-307-12015 (3)(c) or in the labeling have been met.
(d) 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, 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-piece
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-piece 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.
(e) 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.
(f) 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.
(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.
(g) 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.
(h) During any early entry activity, the agricultural employer
shall provide a decontamination site in accordance with WAC
296-307-12050.
(i) The agricultural employer shall not allow or direct any
worker to wear home or to take home personal protective equipment
contaminated with pesticides.
(4) Declaration of an agricultural emergency.
(a) The director of the Washington state department of agriculture
may declare the existence of circumstances causing an agricultural
emergency on a particular establishment or establishments.
(b) The director may declare an agricultural emergency based
on the reasonably expected certainty of circumstances occurring
based on weather or other forecasts that would create conditions
that would normally be anticipated to cause an agricultural
emergency.
(c) The agricultural employer may determine if the establishment
under his/her control is subject to the agricultural emergency
declared by the director.
(d) Emergency repair of equipment that is in use and sited
within a pesticide treated area under a restricted-entry interval,
such as frost protection devices, shall be considered to be
an agricultural emergency. The conditions in WAC 16-228-655
shall be met.
(e) Activities that require immediate response such as fire
suppression, relocation of greenhouse plants due to power failure,
and similar conditions, shall be considered to be agricultural
emergencies. The conditions in WAC 16-228-655 shall be met.
(5) Agricultural activities permitted under an agricultural emergency.
(a) A worker may enter a pesticide 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 requirements are met:
(i) No entry is permitted for the first four hours after
the pesticide application or the minimum reentry interval
allowed by EPA for that product, whichever is less;
(ii) The personal protective equipment specified on the product
labeling for early entry is provided to the worker;
(iii) 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 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;
(iv) The agricultural employer shall assure that the worker
wears the proper PPE and that the PPE is in operable condition
and that the worker has been trained in its proper use;
(v) The agricultural employer shall assure that measures
have been taken, when appropriate, to prevent heat-related
illness;
(vi) A decontamination site has been provided in accordance
with EPA regulations;
(vii) The agricultural employer shall not allow or direct
any worker to wear home or take home personal protective equipment
contaminated with pesticides.
(b) If the agricultural emergency is due to equipment failure,
then the agricultural employer shall assure that all the requirements
in subsection (1) of this section are met plus the following
additional requirement. The only permitted activity until the
restricted-entry interval has elapsed is equipment repair that
would mitigate the effect of the equipment failure.
(6) Recordkeeping required for agricultural emergencies.
(a) If the employer declares that his/her establishment is
affected by an agricultural emergency and that activities regulated
by the worker protection standard have been performed, the employer
shall keep the following records for seven years from the date
of the agricultural emergency:
(i) Date of the agricultural emergency;
(ii) Time of the agricultural emergency, start and end;
(iii) Reason for the agricultural emergency, such as frost,
fire, equipment failure, etc.;
(iv) Crop/site;
(v) Pesticide(s) - name, EPA number, REI;
(vi) Name, date, time of entry and exit of early entry person(s);
(vii) Estimated potential of economic loss which would have
occurred had no early entry been allowed.
(b) Records shall be completed within twenty-four hours of
the early entry exposure and be available to the department
and/or department of health and/or medical facility or treating
physician if requested by the above or the employee.
(7) Exception to entry restrictions requiring EPA approval. EPA
may in accordance with 40 CFR, Part 170.112(e) grant an exception
from the requirements of this section. 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 information specified in 40 CFR, Part 170.112(e).
WAC
296-307-12025 Notice of applications--Standards for workers--40
CFR, § 170.120.
(1) 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 subsection.
(a) All pesticide applications shall be posted in accordance
with subsection (3) of this section.
(b) 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 subsection
(4) of this section.
(c) 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 subsection (4)(a) through (c)
of this section.
(2) 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 subsection.
(a) 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
subsection (3) of this section and shall provide oral notification
of the application to the worker in accordance with subsection
(4) of this section.
(b) 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 subsection (3) of this section or orally in accordance
with subsection (4) of this section, and shall inform the workers
as to which method of notification is in effect.
(c) 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 one-quarter 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 subsection (4)(a) through (c)
of this section.
(3) Posted warning signs. The agricultural employer shall post
warning signs in accordance with the following criteria:
(a) 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:
(b) The standard sign shall be at least fourteen inches by
sixteen inches with letters at least one 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 ½ inch and a red circle at least
three inches in diameter containing an upraised hand and a stern
face, the signs shall be no further than fifty 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 ¼ inch in
height and a red circle at least 1 ½ inches in diameter containing
an upraised hand and stern face, the signs shall be no further
than twenty-five 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 ¼ inch in height, or a red circle smaller
than 1 ½ 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 (a) of this subsection.
(c) 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 must be visible
and legible.
(d) 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.
(e) 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.
(f) The signs shall:
(i) Be posted no sooner than twenty-four hours before the
scheduled application of the pesticide.
(ii) Remain posted throughout the application and any restricted-entry
interval.
(iii) Be removed within three days after the end of the application
and any restricted-entry interval and before agricultural-worker
entry is permitted, other than entry permitted by WAC
296-307-12020.
(g) The signs shall remain visible and legible during the time
they are posted.
(h) 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 WAC
296-307-12020, is prohibited for the entire area while the
signs are posted.
(4) 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:
(a) The location and description of the treated area.
(b) The time during which entry is restricted.
(c) Instructions not to enter the treated area until the restricted-entry
interval has expired.
WAC
296-307-12030 Providing specific information about applications--Standards
for workers--40 CFR, § 170.122.
When workers are on an agricultural establishment and, within
the last thirty days, a pesticide covered by this part 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.
(1) Location, accessibility, and legibility. The information
shall be displayed in the location specified for the pesticide
safety poster in WAC 296-307-12045(4)
and shall be accessible and legible, as specified in WAC
296-307-12045 (4) and (6).
(2) Timing.
(a) 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.
(b) 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.
(c) The information shall continue to be displayed for at least
thirty days after the end of the restricted-entry interval (or,
if there is no restricted-entry interval, for at least thirty
days after the end of the application) or at least until workers
are no longer on the establishment, whichever is earlier.
(3) Required information. The information shall include:
(a) The location and description of the treated area.
(b) The product name, EPA registration number, and active ingredient(s)
of the pesticide.
(c) The time and date the pesticide is to be applied.
(d) The restricted-entry interval for the pesticide.
WAC
296-307-12035 Notice of applications to handler employers--Standards
for workers--40 CFR, § 170.124.
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 one-quarter 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
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