**SUPPORTING STATEMENT**

**FOR AN INFORMATION COLLECTION REQUEST (ICR)**

28152. IDENTIFICATION OF THE INFORMATION COLLECTION

> **1(a). Title of the Information Collection**

Worker Protection Standard Training and Notification

OMB No.: 2070-0148; EPA No.: 1759.05

> **1(b). Short Characterization/Abstract**

The Environmental Protection Agency (EPA, or the Agency) is responsible
for the regulation of pesticides under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA). The Worker Protection Standard
(WPS), codified at 40 Code of Federal Regulations (CFR) Part 170,
established requirements to protect agricultural workers and pesticide
handlers from hazards of pesticides used on farms, on forests, in
nurseries and in greenhouses. 40 CFR Part 170 contains the standard and
workplace practices, which are designed to reduce or eliminate exposure
to pesticides and establish procedures for responding to
exposure-related emergencies. The practices include prohibitions against
applying pesticides in a way that would cause exposure to workers and
others; a waiting period before workers can return to areas treated with
pesticides (restricted entry interval); basic safety training (and
voluntary training verification) and posting of information about
pesticide hazards, as well as pesticide application information;
arrangements for the supply of soap, water, and towels in case of
pesticide exposure; and provisions for emergency assistance. The
training verification program facilitates compliance with the training
requirements by providing a voluntary method for employers to verify
that the required safety information has been provided to workers and
handlers.

This renewal ICR estimates the third party response burden from
complying with the Worker Protection Standard requirements. Information
is exchanged between agricultural employers and employees at farm,
forest, nursery and greenhouse establishments to ensure worker safety.
No information is collected by the Agency under this ICR. It is
estimated that the annual response burden is approximately 2.3 million
hours valued at \$102.6 million.

2.  NEED FOR AND USE OF THE COLLECTION

> 2(a). Need/Authority for the Collection

In accordance with FIFRA Section 25 (Attachment A), the Agency issued
final regulations on August 21, 1992, revising the WPS at 40 CFR 170
(Attachment B). The WPS at 40 CFR Part 170 is designed to reduce the
risks of illness or injury resulting from workers' and handlers'
occupational exposure 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. The notification and
training requirements are necessary to provide agricultural workers and
pesticide handlers with the information they need to protect themselves
from pesticide poisoning and other injuries.

> **2(b). Practical Utility/Uses of the Data**

Basic pesticide safety information/training, instructions on safe
operations and repair of equipment, notification regarding use of
specific pesticides, and the applicability of exceptions/exemptions to
WPS reentry restrictions provide agricultural workers, pesticide
handlers, agricultural employers, and medical personnel with basic
information so they are more informed and better prepared to take
precautionary or responsive measures, as appropriate. This training and
notification are targeted to agricultural workers who perform tasks
related to the cultivation and harvesting of plants in areas treated
with pesticides, and pesticide handlers who mix, load, and apply
pesticides for use in these areas.

Training verification certificates have been produced by the Agency for
authorized trainers to issue to workers and handlers once they have
completed the WPS training requirements. The EPA training verification
program is a voluntary program and the issuance of the training
verification cards is not a WPS requirement. However, agricultural
employers are relieved of the responsibility of safety training if their
agricultural workers and pesticide handlers possess valid EPA training
verification cards. Participating States issue the cards to qualified
training providers within the State. The program is intended to assist
in substantiating WPS pesticide safety training, minimize the need for
retraining (given the migrant nature of much of the workforce), offer an
uncomplicated system for verifying training, provide a means for
training quality control, and allow states flexibility in administering
the program.

3.  NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

> **3(a). Non-duplication**

Not applicable. This is the only notification activity of its kind and
notifications required in this program are required only once per event.
Consequently, the possibility for duplication does not exist. The WPS
provides for an exemption from the requirements of training for
certified applicators of restricted-use pesticides trained under the
Certification and Training Program found in 40 CFR Part 171. Therefore,
no duplication of training is imposed. Additionally, the WPS training
verification program was explicitly developed to eliminate duplication
of training.

**3(b). Public Notice**

Pursuant to 5 CFR 1320.8(d), EPA is publishing a [Federal
Register]{.underline} (FR) notice soliciting comment on this information
collection activity and the Agency's intent to renew the OMB approval of
this ICR. The FR notice and the proposed renewal ICR as well as any
public comment are located in the docket for this action, which can be
accessed at [http://www.regulations.gov](http://www.regulations.gov/)
using the docket indentifier EPA-HQ-OPP-2007-0299.

**3(c). Consultations Required Prior to ICR Submission to OMB**

During preparation of this ICR renewal, EPA staff will contact
respondent representatives to seek feedback on the burden estimates in
the ICR and the clarity of guidance provided. Their responses to EPA's
consultation efforts will be summarized and made publicly available with
the final ICR renewal request, as Attachment C.

**3(d). Effects of Less Frequent Collection**

Not applicable. Training/notifications in this program are required only
once per event, as specified in 40 CFR 170. Consequently, the
possibility for less frequent training/notification does not exist under
current regulations, or without increased risk to agricultural workers
and handlers.

**3(e). General Guidelines**

Two of the general guidelines of the Paperwork Reduction Act (PRA) are
not met by this ICR. First, the information (e.g., safety information,
training materials, and signs for posting) that employers are required
to provide to workers and handlers is generally information that is not
maintained by the employer and must be developed or purchased. Second,
small entities are required to follow the same requirements as larger
establishments under the WPS, unless exempted as a solely
family-operated establishment.

*Availability and Maintenance of Notice Information*

The information that EPA requires agricultural employers provide to
workers and handlers (e.g., safety information, training materials,
signs for posting, etc.) is not typically maintained by the employer.
Employers will generally need to develop or purchase these materials.
However, some of the information may customarily be maintained, but in a
different format than is required by the rule. Specifically, the
pesticide application information that is required to be centrally
posted may be maintained by the employer in various other forms, such as
bills, receipts for pesticides purchased, or service contracts for
individual applications by commercial applicators. Location information
may be maintained in the form of field maps. The WPS requires that
certain information about each application be centrally posted;
including the location of the application, information about the
pesticide, date and time of application and restricted entry interval,
but the format of such information posting is left to the individual
employer. Materials containing guidance on this required information
have been distributed widely.

*Small Entity Flexibility*

Small entities are required to follow the same requirements as larger
establishments under the WPS, unless exempted as a solely
family-operated establishment. The protections of the WPS depend upon
workers receiving the various training and notifications contained in
the rule. These cannot be reduced for small establishments without
seriously compromising the protections offered to workers and handlers.

**3(f). Confidentiality**

Not applicable. The Agency is not collecting information in conjunction
with this activity. Further, this activity complies with the provisions
of the Privacy Act of 1974 and OMB circular A-108.

4\. THE RESPONDENTS AND THE INFORMATION REQUESTED

> **4(a). Respondents/NAICS Codes**

Respondents affected by the collection activities under this ICR are
agricultural employers, including employers in farms as well as nursery,
forestry, and greenhouse establishments. There are approximately 309,100
agricultural establishments in the U.S. that both hire labor and use
pesticides, and 3 million to 4 million farm workers. The North American
Industrial Classification System (NAICS) codes assigned to the parties
responding to this information are as follows:

+-----------------------+----------------------------------------------+
| **NAICS Code**        | **Examples of Potentially Affected           |
|                       | Entities**                                   |
+-----------------------+----------------------------------------------+
| **111**               | Agricultural employers - farms               |
|                       |                                              |
| *Crop production*     |                                              |
+-----------------------+----------------------------------------------+
| **115**               | Agricultural employers - greenhouses and     |
|                       | forestry                                     |
| Support activities    |                                              |
| for agriculture and   |                                              |
| forestry              |                                              |
+-----------------------+----------------------------------------------+

Workers' burden hours and cost estimates are included in Table 1 and in
the total burden and cost for this information collection because
workers must spend the time necessary to receive training and
notifications from their employers. However, the requirements for all
training/notifications are on the employer. It is assumed that workers
are generally paid during training/notifications. Therefore, the burden
and cost are effectively borne by the agricultural employer, even though
the workers' time and wage rate are also used in the estimation.

**4(b). Information Requested**

**(i). Data items, including recordkeeping requirements**

**(1). Central Information**:

> *Safety Poster*. The agricultural employer must display pesticide
> safety information in a central location on the agricultural
> establishment, providing pesticide safety concepts and emergency
> medical care information. EPA supported the development of posters
> which are readily available at no cost from EPA or at a very low cost
> from commercial supply (at \$2.50 each). Employers need only add the
> name of the nearest medical care facility and post the poster in a
> central location. Employers are not obligated to use the EPA-developed
> poster and may create their own so long as the ten basic points
> described in 40 CFR 170.135(b) are included.
>
> *Treatment-Specific Information*. The agricultural employer must
> display at a central location the following: the location and
> description of a treated area; the product name, EPA registration
> number, and active ingredient(s) of the pesticide; the time and date
> of application; and the restricted-entry interval for each pesticide
> application, if workers will be on the establishment within a
> specified time period during or following application.

**(2). Training**:

> *Basic Pesticide Safety Information*. The agricultural employer must
> assure that each agricultural worker who has not received the complete
> pesticide safety training is provided basic pesticide information
> specified in 40 CFR 170.130(a)(3) in a manner the worker can
> understand.
>
> *Agricultural Worker Training*. The agricultural employer must assure
> that each agricultural worker is trained in pesticide safety in a
> manner that the worker can understand within 5 days of employment on
> the establishment, or before workers enter treated areas to perform
> early-entry activities. The person who conducts the training must meet
> the criteria described in 40 CFR 170.130(c)(2) and the training must
> cover the eleven points described in 40 CFR 170.130(c)(3).
>
> *Pesticide Handler Training*. The handler employer must assure that
> each pesticide handler is trained in pesticide safety, covering the 13
> points described in 40 CFR 170.230(c) before they perform any handling
> task.
>
> EPA supported the development of pesticide safety training materials
> for agricultural workers, pesticide handlers, and trainers for both
> groups of employees. Through the cooperation of the pesticide chemical
> industry, state agencies, and others, the materials were produced in
> large volume and distributed for no cost. Additional materials are
> commercially available for minimal cost (training handbooks available
> at \$1.00 or less, trainer notebooks available at \$3.50, and a
> reference guide is available at \$3.50 each). Additionally, the Agency
> has supported training efforts conducted by national farm worker
> organizations across the country, focusing on entry points and key
> paths for the migrant farm worker workforce.

**(3). Training Verification:**

> The EPA training verification program is a voluntary program and is
> intended to relieve agricultural employers of the burden of repeat
> training of individuals in a mobile work force. Employers are relieved
> of the responsibility of safety training if their agricultural workers
> and pesticide handlers possess valid EPA training verification cards.
> States that agree to participate in EPA\'s voluntary training
> verification program submit an agreement form to EPA indicating the
> name of a State WPS contact and the number of training verification
> cards that they wish to receive from EPA. This is a one time filing.
> Participating States will issue EPA training verification cards to
> qualified training providers within the State. As a condition for
> being allowed to provide cards to workers and handlers, trainers are
> asked to keep class rosters of the names of those they have trained.

**(4). Treatment Specific Worker/Handler Notice:**

> *Oral Notification and/or posting warning signs*. Whenever specified
> on the pesticide label, the employer must notify workers who come
> within 1/4 mile of a treated area within a specified time period of
> any pesticide application. Notification may be either by posting a
> warning sign or by providing information orally, unless the pesticide
> label requires both posting and oral notification. Required
> specifications for the warning signs are contained in the 40 CFR
> 170.120(c). Signs are commercially available for approximately \$2.00
> each. The oral notification must be in a manner that the worker can
> understand, and include the location and description of the treated
> area, the time during which entry is restricted, and instructions not
> to enter the treated area until the restricted-entry interval has
> expired.

**(5). Handler and Emergency Information:**

> *Handler Notice to Employer*. Before the application of any pesticide
> on or in an agricultural establishment, the handler employer shall
> provide or assure the agricultural employer for the establishment is
> aware of the specific location and description of the treated area;
> the time and date of application; the product name, EPA registration
> number, and active ingredient(s); the restricted-entry interval; and
> whether posting and oral notification are required.
>
> *Safe Operation and Repair*. The handler employer must assure that
> before the handler uses any equipment for mixing, loading,
> transferring, or applying pesticides, the handler is instructed in the
> safe operation of the equipment.
>
> *Emergency Information*. If the employer has reason to believe that a
> person who is or has been employed by an agricultural establishment or
> a commercial pesticide handling establishment to perform pesticide
> handling tasks has been poisoned or injured by exposure to pesticides
> as a result of that employment, the employer must provide that person
> or treating medical personnel information about the pesticide, the
> antidote and first aid information from the product label, the
> circumstances of handling the pesticide, and the circumstances of
> exposure to the pesticide.

**(6). Use of Exceptions/Exemptions Notice:**

> *Use of Exceptions/Exemptions Notice*. Employers must notify workers,
> either in writing or orally, in a language the worker understands, if
> the establishment is operating under conditions of an EPA-approved
> exception/exemption to the early entry provisions of the WPS. The
> exceptions/exemptions are intended to provide flexibility, if needed,
> to growers to conduct certain otherwise prohibited activity during a
> time period when exposure to pesticide residues is of concern.
>
> There are currently two nationwide exceptions and one exemption for
> which third party notification would be required. They include some
> circumstances for conducting irrigation activities, some circumstances
> for conducting activities which result in limited contact with
> pesticide treated surfaces, and some circumstances for conducting crop
> advising activities, all during a restricted entry interval following
> pesticide application.

**(ii) Respondent Activities**

In assuring that training is provided to their workers and handlers and
providing WPS notifications, agricultural employers generally engage in
the following activities:

  ----------------------- -----------------------------------------------
  **Activity**            **Description**

  Learn rule requirements Read WPS, 40 CFR Part 170, and read specific
                          pesticide labels.

  Acquire poster and      Create own pesticide safety poster and warning
  warning signs           sign, obtain poster and signs free if available
                          from EPA and States, or purchase for low cost
                          from commercial supply.

  Fill in medical         Fill in the name of the nearest medical care
  information on safety   facility on the centrally-displayed pesticide
  poster and post         safety poster; record the location and
  specific application    description of the treated area, the product
  information             name, and active ingredient(s) of the
                          pesticide, the time and date the pesticide is
                          to be applied, and the restricted-entry
                          interval for the pesticide at a central
                          location for each pesticide application.

  Post notices or provide Post the basic pesticide safety poster at a
  oral notification       central location; post warning signs at usual
                          points of entry or in corners of the treated
                          area for each application or provide oral
                          notification to workers

  Arrange for training of Become an authorized WPS trainer or arrange for
  workers and pesticide   state personnel or other qualified trainer to
  handlers                train workforce. Arrange for training all new
                          employees within 5 days of their employment.

  Issue and review        Obtain verification cards and issue to workers
  training verification   or handlers after training is completed or
  cards                   arrange for an authorized WPS trainer to
                          provide verification cards.

  Provide treatment       For pesticide treatments performed for hire,
  information to          notify the agricultural employer of the
  employers, handlers and specifics of the treatment (time, product used,
  medical personnel       REI\'s, etc.) and ensure that handlers have
                          label information available during application.
                          If a medical emergency exists, provide medical
                          personnel with specific information from the
                          pesticide label and the circumstances of
                          application.

  Notify workers and      When using WPS exceptions or exemptions, the
  handlers of terms of    agricultural employer must explain the
  exceptions/exemptions   exception to the workers and handlers.
  allowing for tasks to   
  be performed in treated 
  areas                   
  ----------------------- -----------------------------------------------

5\. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT

**5(a). Agency Activities**

Not applicable. This ICR involves activities conducted by third parties.
EPA does not collect any information under this ICR. Participating
States are responsible for implementing voluntary training verification
programs.

**5(b). Collection Methodology and Management**

Not applicable. This ICR involves activities conducted by third parties.
EPA does not

conduct any activities under this ICR. Participating States are
responsible for implementing voluntary training verification programs.

**5(c). Small Entity Flexibility**

The protections of the WPS depend upon workers receiving the various
training and notifications contained in the rule. These cannot be
reduced for small establishments without seriously compromising the
protections offered to workers and handlers. As such, small entities are
required to follow the same requirements as larger establishments under
the WPS, unless exempted as a solely family-operated establishment under
40 CFR 170.204(a). Under this exemption, the owner of an agricultural
establishment is not required to provide certain protections to himself
or members of his immediate family who are performing handling tasks on
their own agricultural establishment.

**5(d). Collection Schedule**

Not applicable. This ICR involves activities conducted by third parties.
EPA does not conduct any activities or collect any information under
this ICR. Participating States are responsible for implementing
voluntary training verification programs.

6\. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

Table 1, below, lists the estimated burden hours and cost associated
with training and information exchanges required by the Worker
Protection Standard. The estimates are based on the agricultural
establishment and employment figures used in the WPS regulatory impact
analysis, as well as information obtained by the Agency during the
implementation of the WPS and from contacts at the state level and
within the US Department of Agriculture (USDA).

> **6(a). Estimating Respondent Burden**

The estimated burden and cost to farmers for the time taken to train
workers is based on the Agency's experience obtained during the
implementation of the WPS, as well as from additional information
provided by personnel from the USDA and state agricultural agencies.

The number of events is based on either the number of agricultural
establishments or individuals involved, or a multiple of this number
based on the estimated number of occurrences per year. The time for each
event is based on field experience in accomplishing such events and is
for a typical year.

*Central Information*.

It is assumed that there will be one centrally posted notice per
pesticide treatment per establishment that hires labor. It is also
assumed that it will take an average of ten minutes for employers to
post the notice and employees to read the information.

Annual notifications equal the number of establishments that use
pesticides and hire labor (309,100) multiplied by the average number of
pesticide treatments (approximately 3.5) per establishment. The average
number of 3.5 pesticide treatments is a good proxy only if each time a
grower applied a pesticide he treated his entire acreage that normally
is treated in a year. This is not always the case since many grow
multiple crops, and even within a single crop a farmer may not treat all
acres the same, or not all at once. A correction for this is to multiply
the average number of pesticide treatments by an assumed factor of 3
(EPA estimate based on general knowledge) to equal an average of
approximately 10.5 pesticide treatments per establishment, and
accordingly, an estimated 3,245,393 central notification events.

*Worker and Handler Notification*.

It is assumed that: employers may orally notify workers of pesticide
treatments or post treated areas (except for pesticides which are
Toxicology Category I for dermal or eye, which require both);
greenhouses will always post treated areas, and all others will always
orally notify workers; one oral notification is necessary for each
pesticide treatment when workers will be within 1/4 mile of the treated
area during the restricted entry interval (REI); oral notification takes
five minutes.

For all establishments other than greenhouses, each pesticide treatment
would have an oral notification, whenever workers are within 1/4 mile
during the REI. Therefore multiply the average number of pesticide
treatments per establishment per year (10.5) by the average percent
probability that workers will be within 1/4 mile of the treated area
during the REI (50%), and multiply by the number of establishments which
hire labor and use pesticides (309,085).

For greenhouses (11,350), only pesticide treatments which are Toxicology
Category I for dermal or eye will receive oral notification. An average
of 50 treatments are made per greenhouse establishment per year. The
percent of treatments in greenhouses which are Toxicology Category I for
dermal or eye is 5%.

<table>
<colgroup>
<col style="width: 18%" />
<col style="width: 12%" />
<col style="width: 7%" />
<col style="width: 8%" />
<col style="width: 7%" />
<col style="width: 8%" />
<col style="width: 7%" />
<col style="width: 5%" />
<col style="width: 9%" />
<col style="width: 14%" />
</colgroup>
<tbody>
<tr class="odd">
<td colspan="10"><strong>Table 1 - Total Annual Burden and Cost
Estimates</strong></td>
</tr>
<tr class="even">
<td><strong>Activity</strong></td>
<td><strong>Total No.</strong></td>
<td colspan="6"><strong>  Per Event Average</strong></td>
<td colspan="2"><strong>TOTALS</strong><a href="#fn1"
class="footnote-ref" id="fnref1"
role="doc-noteref"><sup>1</sup></a><strong> </strong></td>
</tr>
<tr class="odd">
<td rowspan="2"><p><strong> </strong></p>
<p><strong> </strong></p>
<p><strong> </strong></p></td>
<td rowspan="2"><p><strong>People/Events</strong></p>
<p><strong> </strong></p>
<p><strong> </strong></p></td>
<td colspan="2"><strong>Grower ($50.34/hr)</strong><a href="#fn2"
class="footnote-ref" id="fnref2"
role="doc-noteref"><sup>2</sup></a></td>
<td colspan="2"><strong>Worker ($17.37/hr.)</strong></td>
<td colspan="2"><strong>Total per Event</strong></td>
<td rowspan="2"><p><strong> </strong></p>
<p><strong>Burden</strong></p>
<p>(hours)</p></td>
<td rowspan="2"><p><strong> </strong></p>
<p><strong>Cost</strong></p>
<p>($)</p></td>
</tr>
<tr class="even">
<td><p><strong>Burden</strong></p>
<p>(minutes)</p></td>
<td><p><strong>Cost</strong></p>
<p>($)</p></td>
<td><p><strong>Burden</strong></p>
<p>(minutes)</p></td>
<td><p><strong>Cost</strong></p>
<p>($)</p></td>
<td><p><strong>Burden</strong></p>
<p>(minutes)</p></td>
<td><p><strong>Cost</strong></p>
<p>($)</p></td>
</tr>
<tr class="odd">
<td>New Entrant Rule Familiarization</td>
<td>50,000</td>
<td>30</td>
<td>25.17</td>
<td>0</td>
<td>0.00</td>
<td>30.00</td>
<td>25.17</td>
<td>25,000</td>
<td>1,258,500</td>
</tr>
<tr class="even">
<td>Poster</td>
<td>100,000</td>
<td>10</td>
<td>8.39</td>
<td>0</td>
<td>0.00</td>
<td>10.00</td>
<td>8.39</td>
<td>16,667</td>
<td>839,000</td>
</tr>
<tr class="odd">
<td>Central Notification</td>
<td>3,245,393</td>
<td>10</td>
<td>8.39</td>
<td>0</td>
<td>0.00</td>
<td>10.00</td>
<td>8.39</td>
<td>540,899</td>
<td>27,228,847</td>
</tr>
<tr class="even">
<td>Oral Notifications</td>
<td>7,737,285</td>
<td>5</td>
<td>4.20</td>
<td>0</td>
<td>0.00</td>
<td>5.00</td>
<td>4.20</td>
<td>644,774</td>
<td>32,457,911</td>
</tr>
<tr class="odd">
<td>Posted Notifications</td>
<td>724,009</td>
<td>8</td>
<td>6.71</td>
<td>0</td>
<td>0.00</td>
<td>8.00</td>
<td>6.71</td>
<td>96,535</td>
<td>4,859,548</td>
</tr>
<tr class="even">
<td>Basic Safety Info.Conveyance</td>
<td>169,000</td>
<td>2</td>
<td>1.68</td>
<td>0</td>
<td>0.00</td>
<td>2.00</td>
<td>1.68</td>
<td>5,633</td>
<td>283,582</td>
</tr>
<tr class="odd">
<td>Worker Training</td>
<td>339,000</td>
<td>20</td>
<td>16.78</td>
<td>20</td>
<td>5.79</td>
<td>40.00</td>
<td>22.57</td>
<td>226,000</td>
<td>7,651,230</td>
</tr>
<tr class="even">
<td>Handler Training</td>
<td>185,000</td>
<td>25</td>
<td>20.98</td>
<td>20</td>
<td>5.79</td>
<td>45.00</td>
<td>26.77</td>
<td>138,750</td>
<td>4,951,525</td>
</tr>
<tr class="odd">
<td>Gather Information</td>
<td>35,733</td>
<td>5</td>
<td>4.20</td>
<td>0</td>
<td>0.00</td>
<td>5.00</td>
<td>4.20</td>
<td>2,978</td>
<td>149,900</td>
</tr>
<tr class="even">
<td>File or Disclose Information</td>
<td>35,733</td>
<td>3</td>
<td>2.52</td>
<td>0</td>
<td>0.00</td>
<td>3.00</td>
<td>2.52</td>
<td>1,787</td>
<td>89,940</td>
</tr>
<tr class="odd">
<td><p>Handler Notice of Ag.</p>
<p>Employer &amp; Labeling Info.</p></td>
<td><p>1,875,705</p>
<p> </p></td>
<td><p>10</p>
<p> </p></td>
<td><p>8.39</p>
<p> </p></td>
<td><p>5</p>
<p> </p></td>
<td><p>1.45</p>
<p> </p></td>
<td><p>15.00</p>
<p> </p></td>
<td><p>9.84</p>
<p> </p></td>
<td><p>468,926</p>
<p> </p></td>
<td><p>18,452,248</p>
<p> </p></td>
</tr>
<tr class="even">
<td>Safe Operation and Repair</td>
<td>185,000</td>
<td>10</td>
<td>8.39</td>
<td>10</td>
<td>2.90</td>
<td>20.00</td>
<td>11.29</td>
<td>61,667</td>
<td>2,087,725</td>
</tr>
<tr class="odd">
<td><p>Provide Emergency Info. on</p>
<p>Pesticide Treatments</p></td>
<td><p>52,400</p>
<p> </p></td>
<td><p>20</p>
<p> </p></td>
<td><p>16.78</p>
<p> </p></td>
<td><p>10</p>
<p> </p></td>
<td><p>2.90</p>
<p> </p></td>
<td><p>30.00</p>
<p> </p></td>
<td><p>19.68</p>
<p> </p></td>
<td><p>26,200</p>
<p> </p></td>
<td><p>1,030,970</p>
<p> </p></td>
</tr>
<tr class="even">
<td>Irrigation Exception</td>
<td>195,300</td>
<td>2.5</td>
<td>2.10</td>
<td>2.5</td>
<td>0.72</td>
<td>5.00</td>
<td>2.82</td>
<td>16,275</td>
<td>550,990</td>
</tr>
<tr class="odd">
<td>Limited Contact Exception</td>
<td>195,300</td>
<td>2.5</td>
<td>2.10</td>
<td>2.5</td>
<td>0.72</td>
<td>5.00</td>
<td>2.82</td>
<td>16,275</td>
<td>550,990</td>
</tr>
<tr class="even">
<td>Crop Advisor Exemption</td>
<td>10,000</td>
<td>15</td>
<td>12.59</td>
<td>15</td>
<td>4.34</td>
<td>30.00</td>
<td>16.93</td>
<td>5,000</td>
<td>169,275</td>
</tr>
<tr class="odd">
<td><strong>TOTALS</strong></td>
<td><strong> </strong></td>
<td><strong> </strong></td>
<td><strong> </strong></td>
<td><strong> </strong></td>
<td><strong> </strong></td>
<td><strong> </strong></td>
<td><strong> </strong></td>
<td><strong>2,293,364</strong></td>
<td><strong>102,612,181</strong></td>
</tr>
</tbody>
</table>
<aside id="footnotes" class="footnotes footnotes-end-of-document"
role="doc-endnotes">
<hr />
<ol>
<li id="fn1"><p>Totals were determined as follows: Total Burden Hours:
(total # events x burden minutes)÷60. Total Costs: (total # events x
total per-event costs).<a href="#fnref1" class="footnote-back"
role="doc-backlink">↩︎</a></p></li>
<li id="fn2"><p>Updated estimates of fully loaded wage rates. See part
6(b) and Appendix D for sources and methodology for deriving these
estimates.<a href="#fnref2" class="footnote-back"
role="doc-backlink">↩︎</a></p></li>
</ol>
</aside>

*Training Verification*.

Upon the completion of the training, the WPS provides for the issuance
of \"EPA-approved Worker Protection Standard training certificates\" to
workers and handlers to allow employers to verify that workers and
handlers have received WPS safety training. The EPA Training
Verification Program is a voluntary program and the issuance of the
training verification cards is not a WPS requirement. However,
agricultural employers are relieved of the responsibility of safety
training if their agricultural workers and pesticide handlers possess
valid EPA training verification cards. Participating States will issue
the cards to qualified training providers within the State. The program
is intended to assist in substantiating WPS pesticide safety training,
minimize the need for retraining (given the migrant nature of much of
the workforce), offer an uncomplicated system for verifying training,
provide a means for training quality control, and allow states
flexibility in administering the program. The verification activity has
a total annual burden of 4,765 burden hours and is covered in this ICR.

*Irrigation and Limited Contact Exception*.

There are 279,359 farms with irrigation in the United States (1992
Census). The average annual pesticide application is estimated to be 3.5
for irrigated acres. It is assumed to take about 2.5 minutes to supply
the information to the irrigation workers. It is further assumed that 20
percent of the pesticide treatments would require the application of
irrigation exception. The same working assumptions have been applied to
the limited contact exception.

*Handler and Emergency Information*.

Using the estimates for worker and handler notification and training,
the number of events for handler initiated notifications and the number
of handler sessions on safe equipment operations was estimated. It was
assumed that each commercial application would trigger a handler
notification to the agricultural employer and that the same number of
handlers would need instruction in safe equipment operation as would
need the pesticide safety training.

It was also assumed that one percent of workers and handlers trained in
any given year would require medical attention and request pesticide
specific emergency information be provided to medical personnel. These
workers and handlers are the most likely to be entering treated areas
during the course of their employment.

> **6(b). Estimating Respondent Costs**

When estimating labor rates for OPP ICR renewals in recent years, the
Agency generally adjusted the labor rate estimates used in the previous
renewal by using methods such as the NASA Gross Domestic Product (GDP)
Deflator Inflation Calculator to index the labor cost for a particular
year. However, for this ICR renewal, Agency economists developed
completely new estimates of wages, benefits and overhead for all labor
categories for affected industries. The goal is to use a transparent,
consistent methodology and current, publicly-available data, to provide
more accurate estimates and allow easy replication of the estimates.

Methodology: The methodology uses data on each sector and labor type for
an *Unloaded wage rate* (hourly wage rate), and calculates the *Loaded
wage rate* (unloaded wage rate + benefits), and the *Fully loaded wage
rate* (loaded wage rate + overhead). Fully loaded wage rates are used to
calculate respondent costs. This renewal uses 2006 data.

Unloaded Wage Rate: Wages are estimated for labor types (management,
technical, and clerical) within applicable sectors. The Agency uses
average wage data for the relevant sectors available in the National
Industry-Specific Occupational Employment and Wage Estimates from the
Bureau of Labor Statistics (BLS) at
<http://www.bls.gov/oes/current/oes_nat.htm>.

Sectors: The specific North American Industry Classification System
(NAICS) code and website for each sector is included in that sector's
wage rate table (see Attachment D). Within each sector, the wage data
are provided by Standard Occupational Classification (SOC). The SOC
system is used by Federal statistical agencies to classify workers into
occupational categories for the purpose of collecting, calculating, or
disseminating data (see <http://www.bls.gov/oes/current/oes_stru.htm> ).

Loaded Wage Rate: Unless stated otherwise, all benefits represent 43% of
unloaded wage rates, based on benefits for all civilian non-farm
workers, from <http://www.bls.gov/news.release/ecec.t01.htm>. However,
if other sectors are listed for which 43% is not applicable, the
applicable percentage will be stated.

Fully Loaded Wage Rate: We multiply the loaded wage rate by 50% (EPA
guidelines 20-70%) to get overhead costs.

Table 1 illustrates the estimated burden and costs associated with the
information collection activities of this program. The wage rates used
to calculate costs are derived from the above sources and methodology,
and presented in Attachment D.

The estimated average cost per event to agricultural employers ranges
from \$1.68 for basic safety information conveyance to \$26.77 for
handler training. The estimated total annual cost for all activities
under this collection is \$102,612,181 (see Table 1 for details).

**6(c). Estimating Agency Burden and Cost**

Not applicable. This ICR involves activities conducted by third parties.
EPA does not conduct any activities or collect any information under
this ICR. Participating States are responsible for implementing
voluntary training verification programs. As such, EPA does not incur
any burden or cost under this ICR.

**6(d). Bottom Line Burden Hours and Cost Tables**

  ----------------------- ----------------------- -----------------------
  **Bottom Line Estimated                         
  Burden Hours And                                
  Costs**                                         

                          **Hours**               **Costs**

  **Respondents**         2,293,364               \$102,612,181

  **Agency**              n/a                     n/a
  ----------------------- ----------------------- -----------------------

**6(e). Reasons for Changes in Burden**

This ICR renewal request will result in no change in the annual
respondent burden estimate, which remains at 2,293,364 hours.

**6(f). Burden Statement**

The total annual respondent burden for providing the training and
notifications associated with the Worker Protection Standard is
estimated to be 2,293,364 hours, with incremental activity burdens
ranging from 2 minutes per respondent to provide initial basic safety
information and 45 minutes per respondent for handler training. This
total estimate includes the third party WPS training and notification
requirements, e.g., provisions requiring employers to provide employees
with pesticide-specific treatment (application) information in the form
of oral or written notification, provisions requiring that employers
assure that employees receive basic pesticide safety information or
training, a voluntary program to verify training and relief duplication
of training, provisions requiring handler notification to employers
regarding pesticide treatments (applications) and provision for
emergency information on pesticide treatments, and provisions requiring
employers to notify employees when an exception/exemption to the WPS is
being implemented.

According to the Paperwork Reduction Act, "burden" means the total time,
effort, or financial resources expended by persons to generate,
maintain, retain, disclose, or provide information to or for a Federal
agency. The agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control number for this
information collection appears at the beginning and end of this
document. In addition OMB control numbers for EPA's regulations, after
initial display in the final rule, are listed in 40 CFR Part 9
(Attachment E).

The Agency has established a public docket for this ICR under Docket ID
No. EPA-HQ-OPP-2007-0299, which is available for online viewing at
[www.regulations.gov](http://www.regulations.gov/), or in person viewing
at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac Yard
(South Building), 2777 S. Crystal Drive, Arlington, VA. This docket
facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The docket telephone number is (703) 305-5805.
You may submit comments regarding the Agency\'s need for this
information, the accuracy of the provided burden estimates and any
suggested methods for minimizing respondent burden, including the use of
automated collection techniques.

Comments may be submitted to EPA electronically through
[http://www.regulations.gov]{.underline} or by mail addressed to
Director, Collection Strategies Division, U.S. Environmental Protection
Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. You
can also send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, DC 20503, Attention: Desk Office for EPA. Include docket ID
No. EPA-HQ-OPP-2007-0299 and OMB control number 2070-0148 in any
correspondence but do not submit information under this collection to
these addresses.

**ATTACHMENTS TO THE SUPPORTING STATEMENT**

Attachments to the supporting statement are available in the public
docket established for this ICR under docket identification number
EPA-HQ-OPP-2007-0299. These attachments are available for online viewing
at [[www.regulations.gov]{.underline}](http://www.regulations.gov_/) or
otherwise accessed as described in section 6(f) of the supporting
statement, and as noted below.

**Attachment A** 7 U.S.C. 136w (FIFRA Section 25) - This attachment is
available as part of the electronic copy of the ICR's Supporting
Statement.

**Attachment B** 40 CFR 170 (Worker Protection Standard) - This
attachment is available as part of the electronic copy of the ICR's
Supporting Statement.

**Attachment C** **Placeholder for: "Record of EPA Consultations With
Respondents Regarding the ICR Renewal" \[Attachment to be added to
revised, final supporting statement to be released with the 2^nd^ FR
Notice for this ICR renewal.\]**

**Attachment D** Wage Rate Tables for Agricultural Employers and
Agricultural Workers - This attachment is available as part of the
electronic copy of the ICR's Supporting Statement.

**Attachment E** Display Related to OMB Control #2070-0148 - Listings of
Related Regulations in 40 CFR 9.1 - This attachment is available as part
of the electronic copy of the ICR's Supporting Statement.

**EPA ICR No. 1759.05 OMB Control No. 2070-0148**

**ATTACHMENT A**

**Section 25 of the Federal Insecticide, Fungicide, and Rodenticide
Act**

**Attachment A**

**Section 25 of the Federal Insecticide, Fungicide, and Rodenticide
Act**

**SEC. 25. \[7 U.S.C. 136w\] AUTHORITY OF ADMINISTRATOR.**

\(a\) [In General]{.smallcaps}.---

> \(1\) [Regulations]{.smallcaps}.---The Administrator is authorized in
> accordance with the procedure described in paragraph (2), to prescribe
> regulations to carry out the provisions of this Act. Such regulations
> shall take into account the difference in concept and usage between
> various classes of pesticides, including public health pesticides, and
> differences in environmental risk and the appropriate data for
> evaluating such risk between agricultural, nonagricultural, and public
> health pesticides.

\(2\) [Procedure]{.smallcaps}.---

> \(A\) [Proposed Regulations]{.smallcaps}.---At least 60 days prior to
> signing any proposed regulation for publication in the Federal
> Register, the Administrator shall provide the Secretary of Agriculture
> with a copy of such regulation. If the Secretary comments in writing
> to the Administrator regarding any such regulation within 30 days
> after receiving it, the Administrator shall publish in the Federal
> Register (with the proposed regulation) the comments of the Secretary
> and the response of the Administrator with regard to the Secretary's
> comments. If the Secretary does not comment in writing to the
> Administrator regarding the regulation within 30 days after receiving
> it, the Administrator may sign such regulation for publication in the
> Federal Register any time after such 30-day period notwithstanding the
> foregoing 60-day time requirement.
>
> \(B\) [Final Regulations]{.smallcaps}.---At least 30 days prior to
> signing any regulation in final form for publication in the Federal
> Register, the Administrator shall provide the Secretary of Agriculture
> with a copy of such regulation. If the Secretary comments in writing
> to the Administrator regarding any such final regulation within 15
> days after receiving it, the Administrator shall publish in the
> Federal Register (with the final regulation) the comments of the
> Secretary, if requested by the Secretary, and the response of the
> Administrator concerning the Secretary's comments. If the Secretary
> does not comment in writing to the Administrator regarding the
> regulation within 15 days after receiving it, the Administrator may
> sign such regulation for publication in the Federal Register at any
> time after such 15-day period notwithstanding the foregoing 30-day
> time requirement. In taking any final action under this subsection,
> the Administrator shall include among those factors to be taken into
> account the effect of the regulation on production and prices of
> agricultural commodities, retail food prices, and otherwise on the
> agricultural economy, and the Administrator shall publish in the
> Federal Register an analysis of such effect.
>
> \(C\) [Time Requirements]{.smallcaps}.---The time requirements imposed
> by subparagraphs (A) and (B) may be waived or modified to the extent
> agreed upon by the Administrator and the Secretary.
>
> \(D\) [Publication in the Federal Register]{.smallcaps}.---The
> Administrator shall, simultaneously with any notification to the
> Secretary of Agriculture under this paragraph prior to the issuance of
> any proposed or final regulation, publish such notification in the
> Federal Register.
>
> \(3\) [Congressional Committees]{.smallcaps}.---At such time as the
> Administrator is required under paragraph (2) of this subsection to
> provide the Secretary of Agriculture with a copy of proposed
> regulations and a copy of the final form of regulations, the
> Administrator shall also furnish a copy of such regulations to the
> Committee on Agriculture of the House of Representatives and the
> Committee on Agriculture, Nutrition, and Forestry of the Senate.
>
> \(4\) [Congressional Review of
> Regulations]{.smallcaps}.---Simultaneously with the promulgation of
> any rule or regulation under this Act, the Administrator shall
> transmit a copy thereof to the Secretary of the Senate and the Clerk
> of the House of Representatives. The rule or regulation shall not
> become effective until the passage of 60 calendar days after the rule
> or regulation is so transmitted.

\(b\) [Exemption of Pesticides]{.smallcaps}.---The Administrator may
exempt from the requirements of this Act by regulation any pesticide
which the Administrator determines either (1) to be adequately regulated
by another Federal agency, or (2) to be of a character which is
unnecessary to be subject to this Act in order to carry out the purposes
of this Act.

\(c\) [Other Authority]{.smallcaps}.---The Administrator, after notice
and opportunity for hearing, is authorized---

> \(1\) to declare a pest any form of plant or animal life (other than
> man and other than bacteria, virus, and other microorganisms on or in
> living man or other living animals) which is injurious to health or
> the environment;
>
> \(2\) to determine any pesticide which contains any substance or
> substances in quantities highly toxic to man;
>
> \(3\) to establish standards (which shall be consistent with those
> established under the authority of the Poison Prevention Packaging Act
> (Public Law 91--601)) with respect to the package, container, or
> wrapping in which a pesticide or device is enclosed for use or
> consumption, in order to protect children and adults from serious
> injury or illness resulting from accidental ingestion or contact with
> pesticides or devices regulated by this Act as well as to accomplish
> the other purposes of this Act;
>
> \(4\) to specify those classes of devices which shall be subject to
> any provision of paragraph 2(q)(1) or section 7 of this Act upon the
> Administrator's determination that application of such provision is
> necessary to effectuate the purposes of this Act;
>
> \(5\) to prescribe regulations requiring any pesticide to be colored
> or discolored if the Administrator determines that such requirement is
> feasible and is necessary for the protection of health and the
> environment; and

\(6\) to determine and establish suitable names to be used in the
ingredient statement.

\(d\) [Scientific Advisory Panel]{.smallcaps}.---

> \(1\) [In General]{.smallcaps}.---The Administrator shall submit to an
> advisory panel for comment as to the impact on health and the
> environment of the action proposed in notices of intent issued under
> section 6(b) and of the proposed and final form of regulations issued
> under section 25(a) within the same time periods as provided for the
> comments of the Secretary of Agriculture under such sections. The time
> requirements for notices of intent and proposed and final forms of
> regulation may not be modified or waived unless in addition to meeting
> the requirements of section 6(b) or 25(a), as applicable, the advisory
> panel has failed to comment on the proposed action within the
> prescribed time period or has agreed to the modification or waiver.
> The Administrator shall also solicit from the advisory panel comments,
> evaluations, and recommendations for operating guidelines to improve
> the effectiveness and quality of scientific analyses made by personnel
> of the Environmental Protection Agency that lead to decisions by the
> Administrator in carrying out the provisions of this Act. The
> comments, evaluations, and recommendations of the advisory panel
> submitted under this subsection and the response of the Administrator
> shall be published in the Federal Register in the same manner as
> provided for publication of the comments of the Secretary of
> Agriculture under such sections. The chairman of the advisory panel,
> after consultation with the Administrator, may create temporary
> subpanels on specific projects to assist the full advisory panel in
> expediting and preparing its evaluations, comments, and
> recommendations. The subpanels may be composed of scientists other
> than members of the advisory panel, as deemed necessary for the
> purpose of evaluating scientific studies relied upon by the
> Administrator with respect to proposed action. Such additional
> scientists shall be selected by the advisory panel. The panel referred
> to in this subsection shall consist of 7 members appointed by the
> Administrator from a list of 12 nominees, 6 nominated by the National
> Institutes of Health and 6 by the National Science Foundation,
> utilizing a system of staggered terms of appointment. Members of the
> panel shall be selected on the basis of their professional
> qualifications to assess the effects of the impact of pesticides on
> health and the environment. To the extent feasible to insure
> multidisciplinary representation, the panel membership shall include
> representation from the disciplines of toxicology, pathology,
> environmental biology, and related sciences. If a vacancy occurs on
> the panel due to expiration of a term, resignation, or any other
> reason, each replacement shall be selected by the Administrator from a
> group of 4 nominees, 2 submitted by each of the nominating entities
> named in this subsection. The Administrator may extend the term of a
> panel member until the new member is appointed to fill the vacancy. If
> a vacancy occurs due to resignation, or reason other than expiration
> of a term, the Administrator shall appoint a member to serve during
> the unexpired term utilizing the nomination process set forth in this
> subsection. Should the list of nominees provided under this subsection
> be unsatisfactory, the Administrator may request an additional set of
> nominees from the nominating entities. The Administrator may require
> such information from the nominees to the advisory panel as the
> Administrator deems necessary, and the Administrator shall publish in
> the Federal Register the name, address, and professional affiliations
> of each nominee. Each member of the panel shall receive per diem
> compensation at a rate not in excess of that fixed for GS--18 of the
> General Schedule as may be determined by the Administrator, except
> that any such member who holds another office or position under the
> Federal Government the compensation for which exceeds such rate may
> elect to receive compensation at the rate provided for such other
> office or position in lieu of the compensation provided by this
> subsection. In order to assure the objectivity of the advisory panel,
> the Administrator shall promulgate regulations regarding conflicts of
> interest with respect to the members of the panel. The advisory panel
> established under this section shall be permanent. In performing the
> functions assigned by this Act, the panel shall consult and coordinate
> its activities with the Science Advisory Board established under the
> Environmental Research, Development, and Demonstration Authorization
> Act of 1978. Whenever the Administrator exercises authority under
> section 6(c) of this Act to immediately suspend the registration of
> any pesticide to prevent an imminent hazard, the Administrator shall
> promptly submit to the advisory panel for comment, as to the impact on
> health and the environment, the action taken to suspend the
> registration of such pesticide.
>
> \(2\) [Science Review Board]{.smallcaps}.---There is established a
> Science Review Board to consist of 60 scientists who shall be
> available to the Scientific Advisory Panel to assist in reviews
> conducted by the Panel. Members of the Board shall be selected in the
> same manner as members of temporary subpanels created under paragraph
> (1). Members of the Board shall be compensated in the same manner as
> members of the Panel.

\(e\) [Peer Review]{.smallcaps}.---The Administrator shall, by written
procedures, provide for peer review with respect to the design,
protocols, and conduct of major scientific studies conducted under this
Act by the Environmental Protection Agency or by any other Federal
agency, any State or political subdivision thereof, or any institution
or individual under grant, contract, or cooperative agreement from or
with the Environmental Protection Agency. In such procedures, the
Administrator shall also provide for peer review, using the advisory
panel established under subsection (d) of this section or appropriate
experts appointed by the Administrator from a current list of nominees
maintained by such panel, with respect to the results of any such
scientific studies relied upon by the Administrator with respect to
actions the Administrator may take relating to the change in
classification, suspension, or cancellation of a pesticide. When

ever the Administrator determines that circumstances do not permit the
peer review of the results of any such scientific study prior to the
Administrator's exercising authority under section 6(c) of this Act to
immediately suspend the registration of any pesticide to prevent an
imminent hazard, the Administrator shall promptly thereafter provide for
the conduct of peer review as provided in this sentence. The evaluations
and relevant documentation constituting the peer review that relate to
the proposed scientific studies and the results of the completed
scientific studies shall be included in the submission for comment
forwarded by the Administrator to the advisory panel as provided in
subsection (d). As used in this subsection, the term ''peer review''
shall mean an independent evaluation by scientific experts, either
within or outside the Environmental Protection Agency, in the
appropriate disciplines.

**EPA ICR No. 1759.05 OMB Control No. 2070-0148**

**ATTACHMENT B**

**40 CFR Part 170**

**Worker Protection Standard**

**Title 40: Protection of Environment**

**PART 170---WORKER PROTECTION STANDARD**

**Section Contents**

**Subpart A---General Provisions**

§ 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]{.smallcaps}: 7 U.S.C. 136w.

[Source]{.smallcaps}: 57 FR 38151, Aug. 21, 1992, unless otherwise
noted.

**Subpart A---General Provisions**

**§ 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.

**§ 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:

> \(1\) 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 (§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 (§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.

**§ 170.5 Effective date and compliance dates.**

\(a\) *Effective date*. The effective date for this part, including
§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 §170.112(c)(3) as referenced in
§170.112(d)(2)(iii);

\(4\) The requirement of §170.112(c)(3) as referenced in §170.112(e)(5);

\(5\) Section 170.120(a)(3); and

\(6\) Section 170.120(b)(3).

\(c\) *All other provisions*. The compliance date for all other
provisions of this part shall be April 15, 1994.

**§ 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.

**§ 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 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**

**§ 170.102 Applicability of this subpart.**

Except as provided by §§170.103 and 170.104, this subpart applies when
any pesticide product is used on an agricultural establishment in the
production of agricultural plants.

\[60 FR 21952, May 3, 1995\]

**§ 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.

\[57 FR 38151, Aug. 21, 1992. Redesignated at 60 FR 21952, May 3, 1995\]

**§ 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
> §§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.

> \(2\) *Conditions of exemption*. (i) The certification or licensing
> program requires pesticide safety training that includes, at least,
> all the information in §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.

\[60 FR 21952, May 3, 1995\]

**§ 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]{.smallcaps}**

+-----------------------------------------------+-----------------------+
| **A. During Application of a Pesticide:**     | **B. Workers are      |
|                                               | Prohibited in:**      |
+-----------------------------------------------+-----------------------+
| (1)(a) Applied:                               | Treated area plus 100 |
|                                               | feet in all           |
| \(i\) Aerially, or                            | directions on the     |
|                                               | nursery               |
| \(ii\) 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           |
| \(i\) A height of greater than 12 inches from | directions on the     |
| the planting medium, or                       | nursery               |
|                                               |                       |
| \(ii\) 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.      |                       |
+-----------------------------------------------+-----------------------+
| \(3\) 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 §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]{.smallcaps}**

+---------------+-------------------+--------------+-------------------+
| **A. When a   | **B. Workers are  | **C.         | **D. After the    |
| Pesticide is  | Prohibited in:**  | Until:**     | Expiration of     |
| Applied:**    |                   |              | Time in Column C  |
|               |                   |              | Until the         |
|               |                   |              | Restricted-Entry  |
|               |                   |              | Interval Expires, |
|               |                   |              | the               |
|               |                   |              | Entry-Restricted  |
|               |                   |              | Area is:**        |
+---------------+-------------------+--------------+-------------------+
| \(1\) As a    | Entire greenhouse | The          | No entry          |
| fumigant      | plus any adjacent | ventilation  | restrictions      |
|               | structure that    | criteria of  | after criteria in |
|               | cannot be sealed  | paragraph    | column C are met  |
|               | off from the      | (c)(3) of    |                   |
|               | treated area      | this section |                   |
|               |                   | are met      |                   |
+---------------+-------------------+--------------+-------------------+
| \(2\) As a    | Entire enclosed   | The          | Entire enclosed   |
|               | area              | ventilation  | area is the       |
| \(i\) Smoke,  |                   | criteria of  | treated area      |
| or            |                   | paragraph    |                   |
|               |                   | (c)(3) of    |                   |
| \(ii\) Mist,  |                   | this section |                   |
| or            |                   | are met      |                   |
|               |                   |              |                   |
| \(iii\) Fog,  |                   |              |                   |
| or            |                   |              |                   |
|               |                   |              |                   |
| \(iv\)        |                   |              |                   |
| Aerosol       |                   |              |                   |
+---------------+-------------------+--------------+-------------------+
| \(3\) Not in  | Entire enclosed   | The          | Treated area      |
| 1 or 2 above, | area              | ventilation  |                   |
| and for which |                   | criteria of  |                   |
| a respiratory |                   | paragraph    |                   |
| protection    |                   | (c)(3) of    |                   |
| device is     |                   | this section |                   |
| required for  |                   | are met      |                   |
| application   |                   |              |                   |
| by the        |                   |              |                   |
| product       |                   |              |                   |
| labeling      |                   |              |                   |
+---------------+-------------------+--------------+-------------------+
| \(4\) Not in  | Treated area plus | Application  | Treated area      |
| 1, 2, or 3    | 25 feet in all    | is complete  |                   |
| above, and:   | directions in the |              |                   |
|               | enclosed area     |              |                   |
| \(i\) 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        |                   |              |                   |
+---------------+-------------------+--------------+-------------------+
| \(5\)         | Treated area      | Application  | Treated area      |
| Otherwise     |                   | is complete  |                   |
+---------------+-------------------+--------------+-------------------+

**§ 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 §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 §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 §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, 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)(A) Gloves shall be of the type specified on the pesticide
> product labeling. Gloves made of leather, cotton, or other absorbent
> materials must not be worn for early-entry activities, unless gloves
> made of these materials are listed as acceptable for such use on the
> product labeling. If chemical-resistant gloves with sufficient
> durability and suppleness are not obtainable, leather gloves may be
> worn on top of chemical-resistant gloves. However, once leather gloves
> have been worn for this use, they shall not be worn thereafter for any
> other purpose, and they shall only be worn over chemical-resistant
> gloves.
>
> \(B\) Separable glove liners may be worn beneath chemical-resistant
> gloves, unless the pesticide product labeling specifically prohibits
> their use. Separable glove liners are defined as separate glove-like
> hand coverings made of lightweight material, with or without fingers.
> Work gloves made from lightweight cotton or poly-type material are
> considered to be glove liners if worn beneath chemical-resistant
> gloves. Separable glove liners may not extend outside the
> chemical-resistant gloves under which they are worn.
> Chemical-resistant gloves with non-separable absorbent lining
> materials are prohibited.
>
> \(C\) If used, separable glove liners must be discarded immediately
> after a total of no more than 10 hours of use or within 24 hours of
> when first put on, whichever comes first. The liners must be replaced
> immediately if directly contacted by pesticide. Used glove liners
> shall not be reused. Contaminated liners must be disposed of in
> accordance with any Federal, State, or local regulations.
>
> \(viii\) 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.
>
> \(vi\) 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 §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, 1200 Pennsylvania Ave., NW.,
> 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 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 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.
>
> \(iv\) Exception for hand labor to harvest greenhouse-grown roses
> under specified conditions published in the Federal Register of
> October 3, 1997, effective December 18, 1996 to October 4, 1999.

\[57 FR 38151, Aug. 21, 1992, as amended at 59 FR 30264, June 10, 1994;
60 FR 21954, May 3, 1995; 62 FR 52003, Oct. 3, 1997; 69 FR 53346, Sept.
1, 2004\]

**§ 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.

> \(1\) 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:
>
> \(2\) 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 §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 §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.

\[57 FR 38151, Aug. 21, 1992, as amended at 61 FR 33207, June 26, 1996\]

**§ 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 §170.135(d) and shall be accessible and legible, as specified in
§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.

**§ 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.

**§ 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 §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 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
§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 §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 §170.230(c).

> \(3\) 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.

\[57 FR 38151, Aug. 21, 1992, as amended at 60 FR 21947, 21952, May 3,
1995\]

**§ 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 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.

**§ 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
> §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 §170.112 and involving contact with treated surfaces and
> the decontamination supplies would otherwise not be reasonably
> accessible to those workers.

\(d\) *Decontamination after early-entry activities*. At the end of any
exposure period for workers engaged in early-entry activities permitted
by §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.

\[57 FR 38151, Aug. 21, 1992, as amended at 61 FR 33212, June 26, 1996\]

**§ 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**

**§ 170.202 Applicability of this subpart.**

Except as provided by §§170.203 and 170.204, this subpart applies when
any pesticide is handled for use on an agricultural establishment.

\[60 FR 21952, May 3, 1995\]

**§ 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 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.

\[57 FR 38151, Aug. 21, 1992. Redesignated at 60 FR 21952, May 3, 1995\]

**§ 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 §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 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.

\[60 FR 21953, May 3, 1995\]

**§ 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.

**§ 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 §170.235(d) of this part and shall be accessible and legible,
as specified in §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.

\(3\) The time and date the pesticide is to be applied.

\(4\) The restricted-entry interval for the pesticide.

**§ 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.

**§ 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 §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.

\(xii\) 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.

\[57 FR 38151, Aug. 21, 1992, as amended at 60 FR 21953, May 3, 1995\]

**§ 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.

**§ 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.

**§ 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.

**§ 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.
>
> \(2\) 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)(i) Gloves shall be of the type specified on the pesticide product
> labeling. Gloves made of leather, cotton, or other absorbent materials
> may not be worn while mixing, loading, applying, or otherwise handling
> pesticides, unless gloves made of these materials are listed as
> acceptable for such use on the product labeling.
>
> \(ii\) Separable glove liners may be worn beneath chemical-resistant
> gloves, unless the pesticide product labeling specifically prohibits
> their use. Separable glove liners are defined as separate glove-like
> hand coverings, made of lightweight material, with or without fingers.
> Work gloves made from lightweight cotton or poly-type material are
> considered to be glove liners if worn beneath chemical-resistant
> gloves. Separable glove liners may not extend outside the
> chemical-resistant gloves under which they are worn.
> Chemical-resistant gloves with non-separable absorbent lining
> materials are prohibited.
>
> \(iii\) If used, separable glove liners must be discarded immediately
> after a total of no more than 10 hours of use or within 24 hours of
> when first put on, whichever comes first. The liners must be replaced
> immediately if directly contacted by pesticide. Used glove liners
> shall not be reused. Contaminated liners must be disposed of in
> accordance with any Federal, State, or local regulations.
>
> \(6\) 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.
>
> \(iii\) 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*. The wearing of
> chemical-resistant gloves when entering or leaving an aircraft used to
> apply pesticides is optional, unless such gloves are required on the
> pesticide product labeling. If gloves are brought into the cockpit of
> an aircraft that has been used to apply pesticides, 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 §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 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.

\[57 FR 38151, Aug. 21, 1992, as amended at 69 FR 53346, Sept. 1, 2004\]

**§ 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 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.

\[57 FR 38151, Aug. 21, 1992, as amended at 61 FR 33213, June 26, 1996\]

**§ 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.

**EPA ICR No. 1759.05 OMB Control No. 2070-0148**

**ATTACHMENT C**

**Record of EPA Consultations With Respondents Regarding the ICR
Renewal**

**Record of Consultations**

Reserved for record of consultations with future contacts

**EPA ICR No. 1759.05 OMB Control No. 2070-0148**

**ATTACHMENT D**

Wage Rate Tables for Agricultural Employers and Agricultural Workers

+--------------------------+---------------------+---------------------+
| **Agricultural           |                     |                     |
| Employers**              |                     |                     |
+--------------------------+---------------------+---------------------+
| Labor Category:          | Formula             | Wage Rate           |
+--------------------------+---------------------+---------------------+
| Unloaded Hourly Rate^1^  | = W                 | \$23.47             |
+--------------------------+---------------------+---------------------+
| Benefits Percentage^2^   | Lb = B/W            | 43%                 |
+--------------------------+---------------------+---------------------+
| Benefits per hour        | B = W\*Lb           | \$10.09             |
+--------------------------+---------------------+---------------------+
| Loaded Hourly Rate       | Wb = W + B =        | \$33.56             |
|                          | W(1+Lb)             |                     |
+--------------------------+---------------------+---------------------+
| Overhead Percentage^3^   | Lo = OH/Wb          | 50%                 |
+--------------------------+---------------------+---------------------+
| Overhead per hour        | OH = Wb\*Lo         | \$16.78             |
+--------------------------+---------------------+---------------------+
| Fully Loaded Hourly Rate | Wf = Wb + OH\       | \$50.34             |
|                          | = W + B + OH        |                     |
+--------------------------+---------------------+---------------------+
| 1\. Data Source: BLS     |                     |                     |
| [http://ww               |                     |                     |
| w.bls.gov/oes/current/na |                     |                     |
| ics2_11.htm]{.underline} |                     |                     |
|                          |                     |                     |
| NAICS: Sector 11 -       |                     |                     |
| Agriculture, Forestry,   |                     |                     |
| Fishing and Hunting      |                     |                     |
|                          |                     |                     |
| Standard Occupational    |                     |                     |
| Code: 11-9012 - Farmers  |                     |                     |
| and Ranchers             |                     |                     |
|                          |                     |                     |
| May 2006 data            |                     |                     |
+--------------------------+---------------------+---------------------+
| 2\. Fringe benefits/wage |                     |                     |
| per hour.                |                     |                     |
+--------------------------+---------------------+---------------------+
| 3\. U. S. Environmental  |                     |                     |
| Protection Agency, *EPA  |                     |                     |
| Air Pollution Control    |                     |                     |
| Cost Manual, Sixth       |                     |                     |
| Edition*,                |                     |                     |
| EPA-452-02-001, January  |                     |                     |
| 2002, pg. 2-34. The      |                     |                     |
| loading for indirect     |                     |                     |
| costs is within the      |                     |                     |
| range of 20-70% of the   |                     |                     |
| load labor rate (wage +  |                     |                     |
| benefits) suggested in   |                     |                     |
| EPA guidance.            |                     |                     |
+--------------------------+---------------------+---------------------+

+--------------------------+---------------------+---------------------+
| **Agricultural Workers** |                     |                     |
+--------------------------+---------------------+---------------------+
| Labor Category:          | Formula             | Wage Rate           |
+--------------------------+---------------------+---------------------+
| Unloaded Hourly Rate^1^  | = W                 | \$8.10              |
+--------------------------+---------------------+---------------------+
| Benefits Percentage^2^   | Lb = B/W            | 43%                 |
+--------------------------+---------------------+---------------------+
| Benefits per hour        | B = W\*Lb           | \$3.48              |
+--------------------------+---------------------+---------------------+
| Loaded Hourly Rate       | Wb = W + B =        | \$11.58             |
|                          | W(1+Lb)             |                     |
+--------------------------+---------------------+---------------------+
| Overhead Percentage^3^   | Lo = OH/Wb          | 50%                 |
+--------------------------+---------------------+---------------------+
| Overhead per hour        | OH = Wb\*Lo         | \$5.79              |
+--------------------------+---------------------+---------------------+
| Fully Loaded Hourly Rate | Wf = Wb + OH\       | \$17.37             |
|                          | = W + B + OH        |                     |
+--------------------------+---------------------+---------------------+
| 1\. Data Source: BLS     |                     |                     |
| [http://ww               |                     |                     |
| w.bls.gov/oes/current/na |                     |                     |
| ics2_11.htm]{.underline} |                     |                     |
|                          |                     |                     |
| NAICS: Sector 11 -       |                     |                     |
| Agriculture, Forestry,   |                     |                     |
| Fishing and Hunting      |                     |                     |
|                          |                     |                     |
| Standard Occupational    |                     |                     |
| Code: 45-2092 -          |                     |                     |
| Farmworkers and          |                     |                     |
|                          |                     |                     |
| Laborers, Crop, Nursery, |                     |                     |
| and Greenhouse           |                     |                     |
|                          |                     |                     |
| May 2006 data            |                     |                     |
+--------------------------+---------------------+---------------------+
| 2\. Fringe benefits/wage |                     |                     |
| per hour.                |                     |                     |
+--------------------------+---------------------+---------------------+
| 3\. U. S. Environmental  |                     |                     |
| Protection Agency, *EPA  |                     |                     |
| Air Pollution Control    |                     |                     |
| Cost Manual, Sixth       |                     |                     |
| Edition*,                |                     |                     |
| EPA-452-02-001, January  |                     |                     |
| 2002, pg. 2-34. The      |                     |                     |
| loading for indirect     |                     |                     |
| costs is within the      |                     |                     |
| range of 20-70% of the   |                     |                     |
| load labor rate (wage +  |                     |                     |
| benefits) suggested in   |                     |                     |
| EPA guidance.            |                     |                     |
+--------------------------+---------------------+---------------------+

**EPA ICR No. 1759.05 OMB Control No. 2070-0148**

**ATTACHMENT E**

**Display Related to OMB Control #2070-0148**

**Listings of Related Regulations in 40 CFR 9.1**

**Attachment E**

**Display Related to OMB Control #2070-0148**

**Listings of Related Regulations in 40 CFR 9.1**

As of May 10, 1993, the OMB approval numbers for EPA regulations in
Chapter I of Title 40 of the Code of Federal Regulations (CFR) appear in
a listing in 40 CFR 9.1 (58 FR 27472). This listing fulfills the display
requirements in section 3507(f) of the Paperwork Reduction Act (PRA) for
EPA regulations. The listing at 40 CFR 9.1 displays this OMB Control
number for the following regulations:

Program Title 40 CFR citation

Worker Protection Standards for Agricultural Pesticides 170