296-307-145 Pesticides recordkeeping.
296-307-14505 What records must an employer keep for pesticides
applications?
296-307-14510 Sample pesticide storage record.
WAC
296-307-14505 What records must an employer keep for pesticide
applications?
(1) If you apply pesticides, or have pesticides applied for you,
related to the production of an agricultural crop, you must keep
records for each application. The records must include the following:
(a) The address or exact location where the pesticide was applied
or stored;
Note: If you apply pesticides to one acre
or more, the location must be shown on the map on the required
form for at least the first application.
(b) The year, month, day, and time the pesticide was applied
or stored;
(c) The product name on the registered label and the United
States Environmental Protection Agency registration number,
if applicable, of the pesticide that was applied or stored;
(d) The crop or site to which the pesticide was applied (application
crop or site);
(e) The amount of pesticide applied per acre, or other appropriate
measure;
(f) The concentration of pesticide applied;
(g) The total area to which pesticide was applied;
(h) If applicable, the licensed applicator's name, address,
and telephone number and the name of the individual(s) making
the application;
(i) The direction and estimated velocity of the wind at the
time the pesticide was applied;
Exception: Wind information does not have
to be recorded for applications of baits in bait stations and
pesticide applications within structures.
(j) Any other reasonable information required by the department.
(2) A commercial pesticide applicator must provide a copy of
the pesticide application records to the owner or lessee of the
lands to which the pesticide is applied. Pesticide application
records may be provided on any form that includes all required
information.
(3) You must update records on the same day that a pesticide
is applied. You may use a copy as the record of the pesticide
application. You must maintain the records for at least seven
years after the date of the application.
(4) You must ensure that pesticide application records are readily
accessible to employees and their designated representatives in
a central location in the workplace. The records must be available
beginning on the day the application is made and for at least
thirty days after. You may view the pesticide application records
and make your own record from that information.
(5) New or newly assigned employees must be made aware of the
accessibility of the application records before working with pesticides
or in an area containing pesticides.
(6) When storing pesticides, you must, at least once a year,
perform an inventory of the pesticides stored in any work area.
(7) The pesticide inventory records must include the following
information:
(a) The location where the pesticide is stored;
(b) The year, month, day, and time the pesticide was first
stored;
(c) The product name used on the registered label and the United
States Environmental Protection Agency Registration Number,
if applicable, of the pesticide that is stored; and
(d) The amount of pesticide in storage at the time of the inventory.
(8) You must maintain a record of pesticide purchases made between
the annual inventory dates.
(a) Instead of this purchase record, you may obtain from distributors
from whom you buy pesticides, a statement obligating the distributor
to maintain the purchase records on your behalf to meet the
requirements of this section.
(b) We may require you to submit all purchase records covering
the purchases during a specified period of time or in a specified
geographical area.
(9) When you end all pesticide activities, you must file the
records with us. Anyone who succeeds or replaces you must retain
the records required by this section, but that person is not liable
for any violations you commit.
(10) You must ensure that the records required under this section
are readily accessible to us for inspection. You must also provide
copies of the records on request, to:
(a) An employee or the employee's designated representative
in the case of an industrial insurance claim filed under Title
51 RCW with the department of Labor & Industries;
(b) Treating health care personnel; or
(c) The pesticide incident reporting and tracking review panel.
(11) The designated representative or treating health care personnel
are not required to identify the employee represented or treated.
(12) We will keep the name of any affected employee confidential
according to RCW 49.17.080(1).
(13) When treating health care personnel request records under
this section, and the record is required to determine treatment,
you must provide copies of the record immediately. Information
for treating health care personnel must be made immediately available
by telephone, if requested, with a copy of the records provided
within twenty-four hours. For all other requests, you must provide
copies of the records within seventy-two hours.
(14) If requested, you must provide copies of records on a form
provided by the department.
(15) If you suspect that an employee is ill or injured because
of an exposure to one or more pesticides, you must immediately
provide the employee with a copy of the relevant pesticide application
records.
(16) If you refuse to provide a copy of a requested record, the
requester may notify the department of the request and your refusal.
(a) Within seven working days, we will request that you provide
us with all pertinent copies of the records, except that in
a medical emergency we will request within two working days.
(b) You must provide copies of the records to us within twenty-four
hours after we request.
(17) We inspect for the records required under this section as
part of any on-site inspection of a workplace conducted under
this chapter or chapter 49.17 RCW. We will determine, during the
inspection, whether the records are readily transferable to a
form adopted by the department, and readily accessible to employees.
However, your records will not be inspected more than once in
any calendar year, unless a previous inspection has found recordkeeping
violations. If recordkeeping violations are found, we may conduct
reasonable multiple inspections, according to department rules.
Nothing in this section limits our inspection of records pertaining
to pesticide-related injuries, illnesses, fatalities, accidents,
or complaints.
(18) If you fail to maintain the records, or provide access to
or copies of the records required under this section, you will
be subject to penalties authorized under RCW 49.17.180.
(19) The department of Labor & Industries and the department
of agriculture will jointly adopt by rule, forms that satisfy
the information requirements of this section and RCW 17.21.100.
Pesticide application record forms can be found in chapter 16-228
WAC, General pesticide rules.
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