*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

RIN2070-AJ22_EO12866_AgWPS_FRM_EA_2015-07-28.docx

Draft document as submitted for review under EO 12866

ECONOMIC ANALYSIS OF THE

AGRICULTURAL WORKER PROTECTION 

STANDARD REVISIONS

RIN 2070-AJ22

Docket: EPA-HQ-OPP-2011-0184

Prepared by

BIOLOGICAL AND ECONOMIC ANALYSIS DIVISION

OFFICE OF PESTICIDE PROGRAMS

U.S. Environmental Protection Agency

1200 Pennsylvania Ave., NW

Washington, DC 20460
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Table of Contents

Executive Summary...................................................................................................................................... iv

Chapter 1. Introduction................................................................................................................................1

1.1 Background ...................................................................................................................................1

1.2 Problem Statement.......................................................................................................................2

1.2.1 Risks of Acute Pesticide Exposure.........................................................................................3

1.2.2 Risks of Chronic Pesticide Exposure......................................................................................3

1.2.3 Market Failure.......................................................................................................................5

1.3 Affected Communities..................................................................................................................7

1.3.1 Agricultural Employees.........................................................................................................8

1.3.2 Regulated Entities................................................................................................................8

1.4 Overview of Final Regulation ......................................................................................................10

1.4.1 Statutory Authority .............................................................................................................10

1.4.2 Need for Federal Regulation...............................................................................................11

1.5 Changes from the Analysis of Final Revisions.............................................................................11

Chapter 2. Final Revisions to the Worker Protection Standard.................................................................12

2.1 Complementary Approaches to Improve Pesticide Safety .........................................................12

2.1.1 Non-regulatory Approaches................................................................................................12

2.1.2 Regulatory Approaches.......................................................................................................13

2.2 Informing Agricultural Workers and Pesticide Handlers ............................................................14

2.2.1 Pesticide Safety Training.....................................................................................................14

2.2.2 Hazard Communication.......................................................................................................18

2.2.3 Notification .........................................................................................................................20

2.3 Protecting Workers and Pesticide Handlers...............................................................................24

2.3.1 Minimum Age......................................................................................................................24

2.3.2 Entry Restrictions................................................................................................................25

2.3.3 Personal Protective Equipment ..........................................................................................26

2.4 Mitigating the Effects of Pesticide Exposure ..............................................................................27

2.4.1 Decontamination Supplies..................................................................................................27

2.4.2 Emergency Assistance.........................................................................................................29
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Chapter 3. Cost Analysis.............................................................................................................................30

3.1 Overview .....................................................................................................................................33

3.2. Methodology and Data ...............................................................................................................34

3.2.1 General Methodology .........................................................................................................34

3.2.2 Regional Groupings.............................................................................................................37

3.2.3 General Data .......................................................................................................................38

3.3 Cost of Final Requirements.........................................................................................................46

3.3.1 Pesticide Safety Training.....................................................................................................47

3.3.2 Hazard Communication.......................................................................................................61

3.3.3 Notification .........................................................................................................................68

3.3.4 Age ......................................................................................................................................82

3.3.5 Entry....................................................................................................................................88

3.3.6 Personal Protective Equipment (PPE).................................................................................90

3.3.7 Decontamination Supplies................................................................................................101

3.3.8 Total Cost of Final Rule .....................................................................................................105

3.4 Impact on Jobs and Employment..............................................................................................109

3.5 Small Business Impacts.............................................................................................................110

3.5.1 Industry Profile..................................................................................................................111

3.5.2 Impacts of Incremental Compliance Cost.........................................................................114

3.6 State Costs.................................................................................................................................115

Chapter 4. Benefits of the Revised Rule...................................................................................................117

4.1 Which Benefits Can Be Quantified..................................................................................................118

4.2 Who is at Risk? ................................................................................................................................119

4.2.1 Workers & Handlers in Agriculture..........................................................................................119

4.2.2 Children and families ...............................................................................................................119

4.3 What are the Risks? Pesticide Risks to Workers, Handlers, and Families......................................122

4.3.1 Acute Exposures and Effects....................................................................................................122

4.3.2 Acute and Chronic Exposures and Effects on Children and Families.......................................123

4.4 Non-Quantified Benefits of Avoiding Acute Worker/Handler Incidents ........................................127

4.5 Quantified Benefit of Avoiding Acute Worker/Handler Incidents.................................................128

4.5.1 Methodology and Data ............................................................................................................128

4.5.2 Underreporting of worker/handler incidents..........................................................................129
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4.5.3 Pesticide Incidents Avoided .....................................................................................................140

4.5.4 Value of Incidents Avoided ......................................................................................................147

4.6 What are the Risks? Chronic Pesticide Exposure and Risks to Workers and Handlers...................159

4.6.1 Cancer Risks .............................................................................................................................162

4.6.2 Non-Cancer Health Effects.......................................................................................................165

4.6.3 Summary of Chronic Exposure and Risks.................................................................................166

4.7 Non-Quantified Benefits of Avoiding Potential Chronic Risks........................................................166

4.8 Break-Even Benefit Analysis of Avoiding Potential Chronic Risks...................................................167

4.8.1 Background ..............................................................................................................................168

4.8.2 Method ....................................................................................................................................169

4.8.3 Data..........................................................................................................................................171

4.8.4 Break-Even Estimation.............................................................................................................175

4.8.5 Break-Even Conclusions...........................................................................................................180

Chapter 5. Paperwork Burden .................................................................................................................181

Accounting Statement ..............................................................................................................................182

References ................................................................................................................................................184
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ECONOMIC ANALYSIS OF THE AGRICULTURAL WORKER 

PROTECTION STANDARD REVISIONS

Executive Summary

1 EPA is finalizing revisions to the Worker Protection Standard (WPS) rule, 40 CFR Part 170, to 

2 improve the protections for agricultural farm workers and pesticide handlers. This document 

3 provides an analysis of the costs and the benefits of the final changes to the WPS to meet the 

4 requirements of Executive Order 12866 (Regulatory Planning and Review), Executive Order 

5 13563 (Improving Regulation and Regulatory Review), and the Regulatory Flexibility Act as 

6 amended by the Small Businesses Regulatory Enforcement Fairness Act.

7

8 Pesticides are designed to control living organisms, i.e., weeds, insects, fungi, and their use is 

9 inherently risky. Their use, however, is also beneficial to improve crop quality and yield in 

10 agriculture. Based on an analysis of occupational pesticide incidents reported to the National 

11 Institute of Occupational Safety and Health, there are an estimated 1,810 to 2,950 pesticide 

12 incidents annually on agricultural establishments covered by the WPS. Acute symptoms from 

13 overexposure to pesticides can range from mild skin irritation to more severe effects such as 

14 headaches, fatigue and dizziness, nausea, cramps and diarrhea, impaired vision, respiratory 

15 depression and loss of consciousness. In rare cases, unintentional pesticide exposures result in 

16 death. Occupational incidents are probably indicative of a larger number of cases where 

17 pesticide safety practices are not fully followed resulting in higher levels of pesticide exposure to 

18 agricultural workers and pesticide handlers, and possibly bystanders and non-target organisms, 

19 than envisioned in EPA risk assessments and risk management. Even minor errors in pesticide 

20 application may lead to chronic exposure to pesticides, which is associated with long-term health 

21 issues that are potentially severe, including neurological diseases such as Parkinson’s and several 

22 forms of cancer.

23

24 Market Failure

25

26 Two kinds of ‘market’ failure may give rise to avoidable pesticide exposures: asymmetric 

27 information and externalities. The former implies that full information about the consequences 

28 of pesticide use is not available to the people who need it. The latter implies that some of the 

29 consequences of pesticide use do not fall on the person making use decisions; this may result in 

30 unintended or undesirable amounts or kinds of use for a given pesticide that result in negative 

31 consequences for society and/or the environment. If the market fails to provide incentives to 

32 develop and disseminate pesticide information or fails to provide incentives to avoid external 

33 effects, there may be a role for government intervention to protect workers and handlers from the 

34 hazards of excess pesticide exposure.

35

36 In conjunction with various non-regulatory programs, the WPS requirements are intended to 

37 reduce the risks of illness or injury to workers and handlers resulting from occupational exposure 

38 to pesticides on agricultural establishment. Broadly speaking, the WPS provisions are meant to 
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39 (1) inform workers and pesticide handlers about the hazards and risks from pesticides they use or 

40 to which they come into contact in the workplace, (2) protect workers and handlers from 

41 occupational exposure to pesticides and the potential adverse effects of pesticides, and (3) 

42 mitigate the potential adverse effects of unavoidable pesticide exposure, including accidents.

43

44 Costs and Benefits

45

46 EPA estimates the incremental cost of the revisions to the WPS to be between $60.2 and $66.9

47 million per year, given a three percent discount rate. The critical factor in the estimation of total 

48 cost is the number of agricultural establishments, workers, and handlers affected by the WPS and 

49 costs could range from $41.5 to $81.0 million. Costs recur each year and the choice of discount 

50 rate does not affect the estimated annualized costs. Using a seven percent discount rate, the rule 

51 is estimated to cost between $40.0 and $81.0 million per year. The majority of the costs, $53.0

52 to $62.2 million per year, are borne by farms, nurseries, and greenhouses that hire workers 

53 and/or pesticide handlers and use pesticides, which account for about 20 percent of all farms 

54 producing crops in the United States. The approximately 2,000 commercial pesticide handling 

55 establishments, which are contracted to apply pesticides on farms, may see an incremental cost 

56 of about $1.9 million per year. Farms relying solely on family labor that use pesticides may 

57 collectively bear costs of about $1.4 million per year. Total costs amount to an average 

58 expenditure of about $30 per year per farm worker. Benefits, in terms of reduced illness from 

59 exposure to pesticides, are likely to exceed $67 million per year in terms of avoided costs 

60 associated with occupational pesticide incidents and with reductions in chronic diseases 

61 associated with occupational pesticide exposure, although the amount we can quantify is much 

62 less.

63

64 The estimated total incremental cost is considered an upper bound, primarily because of the 

65 assumption that all requirements are applicable to nearly all employees of affected farms even 

66 though the WPS requirements largely apply to workers engaged in hand labor for crop 

67 production. Much of U.S. agricultural labor is mechanized and many establishments engage in 

68 livestock production in addition to crop production. EPA assumes that nearly two million 

69 employees reported in the 2012 Census of Agriculture are covered, while USDA estimates there 

70 are just over one million farmworkers, including 288,000 agricultural service workers employed 

71 through labor contractors. The lower bound estimate, using the estimate of one million workers, 

72 is between $41.5 and $45.8 million annually.

73

74 Costs

75

76 Key conclusions from the cost analysis are presented in Table 1. Most of the impacts of the 

77 revisions to the WPS will be felt by the 375,000 U.S. crop-producing farms that hire labor. The 

78 cost to individual farms will depend on the number and type of employees employed. EPA 

79 estimates that large farms, defined as those with more than $750,000 in sales and which average 

80 almost 20 workers, will incur costs of $310 to $355 per year, on average, using a 3% discount 

81 rate. Large farms that are highly mechanized but employ pesticide handlers may face 

82 incremental costs of $170 per year. Smaller operations that average three to four workers are 

83 estimated to incur costs between $120 and $140 per year, on average, which amounts to less than 

84 0.1 percent of average annual revenue. EPA, therefore, concludes that there will not be a 
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85 significant impact on a substantial number of small entities as a result of the final rule. The 

86 impact on farms that rely on family labor and use pesticides is driven by changes in certain 

87 requirements for personal protective equipment. EPA estimates that approximately 11,000 farms 

88 out of over 500,000 farms that use pesticides, but do not hire workers or handlers, will be 

89 impacted at a cost of about $130 per year. Commercial pesticide handling establishments may 

90 incur costs of $530 to $565, although self-employed commercial applicators will face costs of 

91 only about $230 per year.

92

93 Table 1. Costs from Revisions to the Worker Protection Standard

Farms Hiring Workers 

and/or Handlers

Family Farms Commercial Pesticide 

Handling 

Establishments

Number Impacted 375,000 11,000 1,900

Annualized Cost $53.0 – 62.2 million $1.4 million $1.9 million

Per-Establishment, 

Annual Cost

Large farms $170-$355

Small farms $70-140 $130 $230-565

Small Business 

Impacts

No significant impact on a substantial number of small entities.

 The rule will affect over 295,000 small farms, nurseries, and 

greenhouses and several hundred small commercial entities that are 

contracted to apply pesticides.

 Impact less than 0.1% of the annual value of sales or revenues for 

the average small entity.

Impact on Jobs

The rule will have a negligible effect on jobs and employment.

 The marginal cost of a typical farmworker is expected to increase 

$5/year.

 The marginal cost for a more skilled pesticide handler is expected 

to increase by $50 per year, but this is less than 0.2 percent of the 

cost of a part-time employee.

94

95

96 Benefits

97

98 The benefits of the final rule accrue to agricultural workers, pesticide handlers, and their 

99 families. For workers and handlers, the revised rule is expected to substantially reduce the 

100 potential for adverse health effects (acute and chronic) from occupational exposures to 

101 pesticides, and provide them with information and tools to reduce the transport of pesticide 

102 residues home. 

103

104 It is difficult to quantify a specific level of risk and project the risk reduction that will result from 

105 this rule, because workers and handlers are potentially exposed to such a wide range of pesticides 

106 with different toxicities and risks. However, the changes to the WPS are designed to reduce 

107 occupational exposure to all pesticides; EPA finds sufficient evidence in the peer-reviewed 

108 literature to suggest reducing pesticide exposure would result in a benefit to public health 

109 through reduced acute and chronic illness. 

110
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111 Benefits from Avoiding Acute Incidents

112

113 Based on analysis of reported pesticide illnesses, EPA estimates that up to 56 percent of pesticide 

114 incidents where the WPS applies would have been prevented by the rule. The value of avoided 

115 medical and productivity losses of this reduction in incidents is estimated to be between $58,000 

116 and $260,000 million annually (see Table 2). However, this estimate is biased downward by an 

117 unknown, but potentially significant degree. First, pesticide incidents, like many illnesses and 

118 accidents, are underreported because sufferers may not seek medical care, cases may not be 

119 correctly diagnosed, and correctly diagnosed cases may not be filed to the central reporting 

120 database. The effect of underreporting can be significant. If only 10% of poisonings are 

121 reported (within the range of estimates in the literature), the quantifiable benefits of the rule 

122 would be about $2.6 million annually. Second, our approach only measures avoided medical 

123 costs and lost wages, not the willingness to pay to avoid possible symptoms due to pesticide 

124 exposure, which could be substantially higher.

125

126

127 Table 2. Acute Benefits from Revisions to the Worker Protection Standard

Category Description Comments

Avoided acute pesticide 

incidents

 $575,000 – 2,603,000 /year

after adjustment for 

underreporting of pesticide 

incidents.

 $58,000 – 260,000/year 

without adjustment.

 Cost of illness and reduced 

productivity.

 Accounts for underreporting. 

Qualitative Benefits

 Willingness to pay to avoid acute effects of pesticide exposure 

beyond cost of treatment and loss of productivity.

 Reduced latent effect of avoided acute pesticide exposure.

128

129 Benefits from Reducing Chronic Exposure

130

131 There are a range of health effects associated with chronic, generalized pesticide exposure, and

132 benefits would accrue to agricultural workers from reduced chronic health effects. Although

133 there have been relatively few proven cause and effect associations between real world pesticide 

134 exposure and long-term health effects in human populations, many exposure-chronic disease 

135 associations have been tested in observational studies and reported in the scientific peer reviewed 

136 literature, and research is ongoing. Therefore, overall pesticide exposure reduction through WPS 

137 may have substantial benefits that cannot be quantified at this time.

138

139 EPA is not able to provide quantitative estimates of the benefits from reducing chronic exposure 

140 to pesticides, but there are well-documented associations between pesticide exposure and chronic 

141 health effects in the peer-reviewed literature. Overall, the weight of evidence suggests that the 

142 final requirements will result in long term health benefits to agricultural workers, pesticide 

143 handlers, and their families. These benefits arise from reducing their daily risk of pesticide 

144 exposures but also reduced risk of chronic illness, resulting in a lower cost of healthcare, a 

145 healthier society and better quality of life.

146
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147 The difference between the high-end estimated cost of the rule, $66.9 million per year, and the 

148 estimated benefits from avoiding acute incidents, $2.6 million per year, is $64.3 million per year. 

149 EPA estimates that a reduction in the occurrence of six chronic diseases, ranging from asthma to 

150 cancer, by under 0.8 percent within the farmworker community would be sufficient to generate 

151 total benefits equal to the cost of the rule. In general, farm families with exposure to pesticides 

152 show higher incidence rates of these diseases than similar populations with little or no chronic 

153 exposure to pesticides. Thus, the slight decrease in incidence rates is a plausible outcome of 

154 revisions to the WPS, which include among other things improved worker safety training, better 

155 dissemination of information about pesticides used on-farm, and greater protection from 

156 inadvertent exposures such as spray drift or inadequate protective equipment.

157

158 Many of the changes to current WPS requirements specifically mitigate the potential for workers 

159 to transport pesticide residues home to their families. Thus, the final requirements are expected 

160 to reduce children’s exposure to pesticides. The benefits of reduced exposure to children are also 

161 impossible to quantify, but they may be large. At every lifestage, including the fetal stage, 

162 reducing exposure to pesticides could translate into fewer sick days, fewer days missed of 

163 school, improved capacity to learn, better education, and better long-term health. There are 

164 benefits to parents and caregivers as well, because healthier families, means fewer missed 

165 workdays, and a better quality of life.

166

167

168 Table 3. Chronic Benefits from Revisions to the Worker Protection Standard

Category Description Comment

Qualitative benefits 

from reduced effects of 

chronic pesticide 

exposure to workers, 

handlers, and 

farmworker families

A range of illnesses are associated with 

chronic pesticide exposure, including

 Non-Hodgkins lymphoma

 Prostate Cancer

 Parkinson’s Disease

 Lung Cancer

 Chronic Bronchitis

 Asthma 

Break-even analysis for 

only these illnesses 

shows that, if the final

rule changes prevent a 

relatively small number 

of cases, then the total 

benefits of the rule would 

outweigh the costs. 

169

170

171
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ECONOMIC ANALYSIS OF THE AGRICULTURAL WORKER 

PROTECTION STANDARD REVISIONS

172 Chapter 1. Introduction

173

174 EPA is finalizing revisions to the Worker Protection Standard (WPS) rule, 40 CFR Part 170, to 

175 improve the protections for agricultural farm workers and pesticide handlers. The revisions are 

176 expected to reduce the risks to workers and handlers from occupational pesticide exposure, and 

177 protect farm worker children and other family members from take-home pesticide exposure. 

178 Some revisions may also reduce the potential for exposure to bystanders, i.e., people not 

179 employed by the establishment making a pesticide application, and exposure to non-target plants 

180 and animals. The changes represent revisions to the worker protection rule that was first codified 

181 in 1974 and revised in 1992.

182

183 This document provides an analysis of the costs and the benefits of the final revisions to the 

184 WPS. This section provides a brief background to the WPS requirements, describes the reasons 

185 for EPA’s changes and the statutory authority for the rule, identifies entities that may be affected 

186 by the rule, and describes changes to the analysis since the economic analysis of the final rule. 

187 Chapter 2 provides a summary of the major changes in the WPS and discusses qualitatively the 

188 expected benefits of the changes to different components of the regulations. Chapter 3 presents 

189 the cost estimates for the final revisions. Chapter 4 assesses the benefits expected from the 

190 revisions as a whole, taking into consideration the complementary nature of many of the WPS’ 

191 components. Benefits arise from reduced accidental and chronic exposures to pesticides and will 

192 accrue primarily to agricultural employees and their families.

193

194 This report is intended to meet the requirements of Executive Order 12866 (Regulatory Planning 

195 and Review), Executive Order 13563 (Improving Regulation and Regulatory Review), and the 

196 Regulatory Flexibility Act as amended by the Small Businesses Regulatory Enforcement 

197 Fairness Act. The remaining regulatory requirements and a full description of the regulatory 

198 changes EPA is making are addressed in the preamble to the final rule. This document and the 

199 data used in this analysis also serve as input in preparing an analysis required under the 

200 Paperwork Reduction Act (44 U.S.C. § 3501-21), which is summarized in Chapter 5.

201

202 1.1 Background

203

204 The EPA’s pesticide worker safety program is responsible for implementation of two primary 

205 regulations. The Certification of Pesticide Applicators regulation, 40 CFR Part 171, requires 

206 applicators to meet certain competency requirements before they can purchase, use or supervise 

207 the use of restricted use pesticide products. EPA is currently revising the rules governing 

208 certification of pesticide applicators through another rulemaking. The Worker Protection 

209 Standard regulation, 40 CFR Part 170, requires agricultural employers and employers of 

210 commercial pesticide handlers to provide specific information and protections to agricultural 

211 workers and pesticide handlers when pesticides are used in the production of agricultural plants 

212 on crop-producing farms, forests, nurseries and greenhouses. The WPS regulation is intended to 

213 reduce the risks of illness or injury to workers and handlers resulting from occupational exposure 
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214 to pesticides on an agricultural establishment. Broadly speaking, the WPS provisions are meant 

215 to (1) inform farm workers and pesticide handlers about the hazards and risks from pesticides 

216 they use or to which they come into contact in the workplace, (2) protect workers and handlers

217 from occupational exposure to pesticides and the potential adverse effects of pesticides, and (3) 

218 mitigate the potential adverse effects of unavoidable pesticide exposure, including accidents.

219 These two regulations, along with the other components of the Agency’s pesticide worker safety 

220 program, are intended to reduce and prevent potential exposures to pesticides among pesticide 

221 applicators, agricultural employees, and the general public, including vulnerable populations, 

222 such as children. This economic analysis focuses on the revisions to the WPS rule.

223

224 The WPS rule is directed toward the working conditions of two types of employees, which, 

225 throughout this document, we refer as ‘handlers’ and as ‘workers.’ Handlers are those 

226 employees who work directly with agricultural pesticides, e.g., mixing, loading, and applying

227 pesticides, and performing other activities linked to pesticide applications. These employees 

228 may be directly exposed to pesticides and may be responsible for potential exposure of other 

229 people, non-target organisms, and the environment in general. In principle, at least, pesticide 

230 handlers also know with which chemicals they work and have access to label information that 

231 explains precautions and provides directions for use. Workers are employees who perform tasks 

232 related to the cultivation and harvesting of plants on farms or in greenhouses, nurseries, or 

233 forests, specifically tasks associated with hand labor. Workers are potentially exposed to 

234 pesticides through contact with treated plants, residues left on other surfaces, or through the air 

235 or water on the farm or other operation. Without regulations such as the WPS, workers may 

236 have little information about, or control over, the chemicals to which they may be exposed or 

237 even if they are exposed.

238

239 Changes to WPS will largely impact two types of employers who are responsible for providing 

240 required protections to their employees: agricultural employers, (e.g., owners and managers of 

241 farms, greenhouses, nurseries and forestry operations), and commercial employers (e.g., owners 

242 and managers of commercial pesticide handling establishments ) that provide pest control 

243 services to the agricultural sector. Some revisions may also pertain to other agricultural 

244 establishments that do not hire labor, i.e., that rely on labor from the immediate family, and to 

245 other commercial agricultural services such as private crop advisors.

246

247 The benefits of the revisions to the WPS rule accrue primarily to agricultural workers, pesticide 

248 handlers, and their families. The changes to the rule will provide more information about the 

249 potential risks of pesticide exposure and ways workers and handlers can minimize those 

250 exposures.

251

252 1.2 Problem Statement

253

254 EPA imposes requirements on the use of pesticides with the intent to avert unreasonable adverse 

255 effects to human health and the environment. These requirements include current worker 

256 protection standards and pesticide-specific use restrictions found on the product label. However, 

257 despite these safeguards, occupational pesticide poisonings still occur. An EPA review of a 

258 National Institute for Occupational Safety and Health (NIOSH) database on occupational 

259 pesticides exposure provides an estimate of 1,810 – 2,950 occupational pesticide exposure 
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260 incidents occur annually on establishments where WPS requirements apply (more detail is 

261 provided in Chapter 4). Many of these poisonings are preventable and there may be reasonable 

262 measures to reduce exposure in situations where they are not avoidable. Moreover, incidents are 

263 likely to reflect a larger number of cases where employers or employees fail to follow label

264 instruction or make mistakes in applications. Although not all mistakes or failures result in 

265 indentifiable incidents and acute illness, even minor errors may increase exposure. Chronic 

266 exposure to pesticides can have adverse effects, as documented in EPA risk assessments; further, 

267 epidemiological studies have noted associations between repeated exposure and several serious, 

268 chronic diseases.

269

270 1.2.1 Risks of Acute Pesticide Exposure

271

272 There are inherent risks associated with the use of pesticides, which are substances that are toxic 

273 by design. Some pesticides are narrowly targeted to specific life forms or processes while others 

274 have effects across a broad spectrum of organisms, including humans. Handlers and workers can 

275 be exposed in many ways and can be exposed to multiple pesticides over the course of a growing 

276 season (Arcury et al., 2010). Exposures to some pesticides can result in a wide range of acute 

277 symptoms. The acute symptoms from overexposure to pesticides vary, and can range from mild 

278 skin irritation to more severe effects. Exposures to organophosphate (OP) pesticides, for 

279 example, can result in headaches, fatigue and dizziness, nausea, cramps and diarrhea, impaired 

280 vision and other effects (Schulze et al., 1997). Some pesticides can cause in seizures, respiratory 

281 depression and loss of consciousness (Roberts and Reigart, 2013). In rare cases, unintentional 

282 pesticide exposures result in death. These are just a few of the many diverse symptoms that can 

283 be caused by pesticide exposure; Roberts and Reigart (2013) list almost 100 different symptoms 

284 that a medical professional could expect to see following an acute exposure. 

285

286 While illnesses resulting from pesticide exposures to workers and handlers are underreported 

287 (see the discussion in Section 4.5.2), there are peer-reviewed studies, based on pesticide illness 

288 reporting and surveillance initiatives that show evidence of illnesses to workers and handlers. 

289 Calvert, et al. (2008), for example, looked at reported pesticide poisoning incidents among 

290 agricultural workers from 1998-2005. Illness rates varied across time, age, and region, but for 

291 agricultural workers, risks of poisoning were an order of magnitude higher than for non292 agricultural workers (except for farm owners (3% of the sample)). Das et al. (2001) identified 

293 486 pesticide illness cases among California farmworkers for 1998-1999, based on a surveillance 

294 program with mandatory reporting by physicians. Das et al. found that about half of all pesticide 

295 related illness cases in the California surveillance system were agricultural workers. Over a 

296 quarter of the poisonings were to those mixing, loading or applying pesticides. The most 

297 common symptoms were dermatological (about 44%), neurological (about 39%), and 

298 gastrointestinal (about 38%), and the most common route of exposure was skin contact, followed 

299 by inhalation and eye contact. 

300

301 1.2.2 Risks of Chronic Pesticide Exposure

302

303 In addition to the effects of acute exposure mentioned above, workers and handlers face risks 

304 from chronic exposure to pesticides, as well. Although children and families may suffer illness 
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305 from an acute exposure, the more likely exposure scenario for this group is exposure to low 

306 levels of pesticides over a longer period of time, either from the agricultural environment or in 

307 the home, where pesticides have been transported via clothing or footwear of the workers and 

308 handlers. There are a broad range of illnesses with a relationship to this type of chronic 

309 exposure. 

310

311 There is evidence to suggest that exposures in the home or pre-natal occupational exposure to 

312 pregnant women may affect children. Pre-natal and childhood exposure may have particularly 

313 important effects on neurological development of children (see Section 4.2.2 and Eskenazi et al., 

314 2007; Young et al., 2005; Rauh et al., 2006; Engel et al., 2007; Lovasi, et al., 2011; Bouchard et 

315 al. 2010), and Wigle et al. (2009) find an association between prenatal exposure to the mother 

316 and future childhood leukemia. As an example, there are agricultural pesticides in use that are 

317 regulated on the basis of developmental toxicity (i.e., structural abnormalities, functional 

318 deficiencies, altered growth and fetal loss). These developmental effects can result from 

319 multiple low-level exposures as well as an acute overexposure to the pregnant farmworker 

320 during windows of susceptibility of fetal development during pregnancy. 

321

322 While only a small number of pesticides have been determined to be human carcinogens by 

323 various peer-review bodies, there is a wide literature demonstrating statistical associations 

324 between pesticide exposure and cancer, with biological plausibility illustrated in experimental 

325 toxicology studies. There is a large body of epidemiological evidence and ongoing research on 

326 long-term health effects (such as cancer, neurological, respiratory, fertility, behavioral, and other 

327 long-term health effects) that may result from pesticide exposure (see below and Sections 4.2, 

328 4.3, 4.6). However, the state of the science at this time yields few causal relationships to specific 

329 pesticides, which highlights the importance of reducing general pesticide exposure. 

330

331 Synthesizing across the studies of carcinogenic potential of pesticide exposure, review articles 

332 and meta-analytic results indicate evidence of an association between various pesticide exposure 

333 and lymphohematopoetic cancers, specifically non-Hodgkin’s lymphoma (NHL) and leukemia; 

334 among solid tumors (brain and prostate cancers); and, some evidence of pediatric cancer risk in 

335 association with either in utero exposure or parental pesticide occupational exposure (Bassil et 

336 al., 2007; Blair and Beane-Freeman, 2009; Koutros et al., 2010a; Van Maele-Fabry et al., 2011, 

337 Wigle et al., 2009, Turner et al., 2009, Alavanja and Bonner, 2012, and Alavanja et al., 2013). 

338

339 Blair and Beane-Freeman (2009) provides a review of epidemiologic studies of cancer among 

340 agricultural populations. They report that meta-analyses of mortality surveys of farmers find 

341 excesses of several cancers, including those of the connective tissue, NHL, and multiple 

342 myeloma and cancers of the skin, stomach and brain, and deficits for total mortality, heart 

343 disease, total cancer, and cancers of the esophagus, colon, lung and bladder. They reported that 

344 meta-analyses of studies of individual cancers show the importance of identifying specific 

345 exposures that lead to these cancers. It should also be noted, however, that these authors 

346 conclude factors other than pesticide exposures may partially explain the observed increased risk 

347 of cancer among agriculturally exposed occupational groups (Blair and Beane-Freeman, 2009).

348

349 Initial evidence of a possible association between various pesticide exposures and cancers of the 

350 lung, colon, prostate, bladder and pancreas have also been published by Agricultural Health 
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351 Study (AHS) researchers (for example, Alavanja et al., 2004 for lung cancer, Lee et al., 2007 for 

352 colon cancer, Andreotti et al., 2009 for pancreatic cancer). Among farmworkers specifically, 

353 cancers of the cervix and stomach have also been noted (Mills et al., 2009).

354

355 1.2.3 Market Failure

356

357 Two kinds of ‘market’ failure may give rise to avoidable pesticide exposures: asymmetric 

358 information and externalities. The former implies that full information about the consequences 

359 of pesticide use is not available to the people who need it. The latter implies that some of the 

360 consequences of pesticide use do not fall on the person making use decisions and that, therefore, 

361 there may be a socially undesirable amount or kind of use. If the market fails to provide 

362 incentives to develop and disseminate pesticide information or fails to provide incentives to 

363 avoid external effects, there may be a role for government intervention to protect workers and 

364 handlers from the hazards of excess pesticide exposure. This intervention must adapt to changes 

365 in industry and, especially, to the advancements of scientific knowledge about the risks of 

366 pesticide exposure.

367

368 Asymmetric Information

369

370 Asymmetric information may be the most critical problem leading to avoidable pesticide 

371 exposure. Handlers working directly with pesticides and agricultural workers on farms where 

372 pesticides are used may not have complete information about the occupational risks they face or 

373 the potential consequences to their families if pesticide residues are transported to the home. 

374 Asymmetric information arises in two ways.

375

376 First, there may be barriers to employees obtaining the information if not provided by the 

377 employer. Many who are employed in agriculture, for example, are not native English speakers; 

378 an estimated 65 percent of agricultural employees speak little or no English (DoL, 2011-2012). 

379 Many are migrant laborers who could lack access to sources of information, such as familiar 

380 extension agents, because they are frequently away from home, but many workers may not have 

381 access, especially internet access, to convenient, reliable information (DoL, 2005). These 

382 barriers result in high search costs that can deter agricultural workers and handlers from 

383 obtaining information on their own. Finally, information regarding pesticides and pesticide use 

384 may not be available to the employee in the time frame that is required to take appropriate action.

385

386 Second, there may not be incentives for workers and handlers to seek out information about 

387 pesticides. Symptoms of pesticide poisoning may be confused with general fatigue, heat stress, 

388 or other factors, especially for workers who may not even be aware that they have been in 

389 contact with pesticides or in pesticide-treated areas. Long-term or chronic effects of pesticide 

390 exposure do not manifest themselves immediately and employees may not be motivated to learn 

391 more about the risks they face given immediate priorities such as providing for their families and 

392 obtaining or retaining their jobs. These issues can result in workers and handlers with 

393 insufficient information to make informed choices about their safety. 

394
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395 Externalities

396

397 Another factor that contributes to unnecessary pesticide exposure is that the party making the 

398 application decision does not bear all of the negative effects of a pesticide application, including 

399 the health effects on others. This is a classic externality that can result in a divergence between 

400 the social and private costs of using a pesticide.

401

402 An externality of this type could imply that there are fewer protections for workers and handlers 

403 than would be socially desirable. Employers may lack the incentive to seek out or act on the 

404 information they have on the negative consequences of pesticides or the possible measures that 

405 can be taken to avoid negative outcomes. This may be particularly true when the adverse effects 

406 are not readily observable because they occur over time, i.e., are latent or associated with chronic 

407 exposure. Moreover, there are numerous pesticides, many with complex effects on human and 

408 environmental systems, which can make it costly for employers to obtain information for their 

409 employees. Similarly, adequate protections may require specialized knowledge, e.g., 

410 information about exposure or toxicology, which employers do not have.

411

412 Evolving Knowledge on Worker Protections

413

414 Another concern is the presence of institutional constraints. EPA last revised the WPS 

415 requirements in 1992. Some existing requirements have proven to be vague or open to differing 

416 interpretations leading to regulatory uncertainty. Moreover, society’s understanding of exposure 

417 and risk has evolved and regulatory requirements are most useful when they reflect current 

418 knowledge.

419

420 Environmental Justice Issues

421

422 There are several reasons that environmental justice considerations are especially important for 

423 the agricultural employees covered by the WPS. 

424

425  Because of their occupation, workers and handlers face more potential exposure to 

426 pesticides than the general public, and may be subject to multiple exposures of different 

427 pesticides over the course of their working life. 

428

429  Language barriers and challenges for this workforce make it difficult for workers and 

430 handlers to participate in making decisions about the risks they face as they perform their 

431 jobs. 

432

433  Workers, handlers and their families may be subject to a higher risk of harm than non434 agricultural workers. Children and adolescents may be especially vulnerable to pesticide 

435 exposure, because their body systems are still developing. Poverty, poor nutrition and 

436 lack of access to health care can exacerbate the risks from this exposure. 

437
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438  The cumulative effects of occupational pesticide exposure can have long term impacts on 

439 the health of worker and handler communities. See Section 1.2.2. These potential effects 

440 are discussed in some detail in Chapter 4.

441

442 According to the most recent data available from the National Agricultural Worker Survey 

443 (NAWS), 64 percent of agricultural workers in the United States were born in Mexico and six 

444 percent in Central and South America (DoL, 2011-2012). A majority (69 percent) of all survey 

445 respondents speaks Spanish as their primary language. Approximately 65 percent of this 

446 population speaks a little or no English; 38 percent cannot not read English at all and another 30 

447 percent can only read English “a little.” Many have received only limited formal education; on 

448 average, the highest grade completed by foreign-born workers was seventh grade. 

449 Approximately 17 percent of the survey respondents were classified as migrant, having traveled 

450 at least 75 miles in the previous year to find a job in agriculture. Only 17 percent of respondents 

451 lived in housing provided by their employer and 55 percent rented housing from someone other 

452 than their employer.

453

454 In general, agricultural workers surveyed by NAWS do not have access to employer-provided 

455 health insurance – in 2011-2012, only 21 percent of farmworkers reported having the option for 

456 employer-provided health insurance. USDA research, based on earlier NAWS data, also reports 

457 that workers have difficulty entering the health care system to receive treatment (Kandel, 2008). 

458 Cost was a significant barrier for two-thirds of farmworkers, while about a third listed language 

459 barriers as an impediment to receiving care. The problem is more severe among undocumented 

460 workers because they fear seeking treatment will lead to deportation or other adverse legal 

461 action.

462

463 The NAWS found that 19 percent of workers and handlers surveyed earned less than $10,000 

464 annually from agricultural work, and another 39 percent earn between $10,000 and $20,000 

465 annually (DoL, 2011-2012). Over 55 percent of respondents reported a total family income 

466 below $22,500. USDA reports that the unemployment rate among farm workers more than 

467 doubled between 2007 and 2010, even as the level of employment increased slightly, suggesting 

468 an influx of workers from other sectors, such as construction (ERS, 2014). Real wages have 

469 largely been stagnant since 2007 after rising at 0.8 percent per year between 1990 and 2007 

470 (ERS, 2014).

471

472 1.3 Affected Communities

473

474 The primary entities that will be impacted by the final changes to the WPS are agricultural 

475 employees and their families, agricultural establishments (crop-producing farms, nurseries and 

476 greenhouses) that use pesticides in the production of agricultural plants and hire workers or 

477 handlers, and commercial pesticide handling establishments (CPHEs). Other affected entities 

478 include family farms that use pesticides, forestry operations, and businesses providing crop 

479 advisory services. State agencies, which are responsible for enforcing the WPS and often 

480 provide training for workers and handlers, will also be impacted by the revisions to these 

481 regulations.

482
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483 1.3.1 Agricultural Employees

484

485 The current rule is intended to protect workers and handlers on crop-producing farms, nurseries, 

486 and greenhouses from pesticide exposure. WPS also covers employees of forestry operations 

487 although most workers in forestry would generally not be in proximity to treated areas due to 

488 pesticide use patterns in forestry.

489

490 Pesticides of one type or another are used on many farms in the United States, so a large portion 

491 of the agricultural workforce is potentially exposed each year. Based on data from the 2012 

492 Census of Agriculture (NASS, 2014), EPA estimates that over 300,000 farms employing 1.8 

493 million workers and handlers used pesticides in 2012. EPA estimates that within the farmworker 

494 population are over 300,000 employees who handle pesticides, including those who mix and load 

495 pesticides and assist with application as well as those who apply pesticides. Over several years, 

496 however, it is likely that nearly 375,000 agricultural establishments that hire labor will use 

497 pesticides, thus nearly two million agricultural workers are potentially exposed to risks of 

498 adverse health effects at some point.

499

500 Agricultural workers and handlers are expected to benefit from the final rule through provisions 

501 that would require agricultural employers to provide information to workers and handlers about

502 risks from pesticides and ways they can minimize their exposure, to provide warnings about 

503 treated areas, to provide protective measures such as personal protective equipment, and to 

504 provide decontamination supplies in case they are exposed to agricultural pesticides. The costs 

505 of the final rule are not generally expected to fall directly on workers and handlers, but there are 

506 likely to be cases where workers bear at least some of the costs. Many workers engaged for 

507 harvest activities are paid by the amount of produce harvested. For them, time spent in pesticide 

508 safety training, for example, is time they cannot generate income.

509

510 1.3.2 Regulated Entities

511

512 For the purposes of this analysis, we distinguish two types of establishments affected by the rule: 

513 (1) farms, including livestock operations that produce crops, nurseries, greenhouses, and forestry 

514 operations, and (2) commercial pesticide handling establishments (CPHEs). Within each type, 

515 we further distinguish between those who are self-employed (e.g., the family farm) and those 

516 who employ others. Farms that use pesticides and hire labor bear most of the cost of the final 

517 changes to the WPS. The major sources of impact will be in additional labor cost to account for 

518 time spent in training and in giving and receiving information.

519

520 Agricultural Establishments

521

522 According to the 2012 Census of Agriculture (NASS, 2014), there were over 2.2 million 

523 agricultural establishments in the United States of which 482,000 hired labor. The WPS covers a 

524 subset of agricultural establishments involved in plant agriculture. These include farms, 

525 livestock operations that grow crops, greenhouses, nurseries, and forestry operations. An 

526 agricultural employer is defined as any person who is an owner of, or is responsible for, the 

527 management or condition of an agricultural establishment, and employs any worker or handler. 
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528 The WPS also covers self-employed handlers, such as the operator of a family farm who applies 

529 pesticides.

530

531 Just under one million U.S. establishments used pesticides as part of the production system 

532 (NASS, 2014). Extrapolating from a special tabulation of data in the 2007 Census of Agriculture 

533 (NASS, 2008), EPA estimates that about 872,000 agricultural establishments using pesticides 

534 produce crops while the rest are solely livestock operations. Of those, EPA estimates over 

535 354,000 farms also hired labor, leaving approximately 518,000 farms that used pesticides but did 

536 not hire labor. The latter farms appear to rely solely on immediate family labor and are exempt 

537 from most provisions of the WPS. The WPS also sets standards for engineering controls, such as 

538 closed mixing and loading systems and enclosed cabs, which may substitute for some personal 

539 protective equipment (PPE) required on the label.

540

541 The WPS, and any revisions to it, will primarily affect the establishments that use pesticides and 

542 hire labor for producing crops, and specifically for hand labor activities like weeding, pruning, 

543 and harvesting. Of the 354,000 crop-producing farms estimated to use pesticides, about 50,000 

544 are very small farms, with annual sales less than $100,000, primarily produce livestock and are 

545 unlikely to employ hand labor for cropping activities that are primarily grain and forage. This 

546 leaves an estimated 304,000 farms that use pesticides and which are covered by the WPS. 

547 However, pesticides are not necessarily used every year, even by non-organic growers. Thus, 

548 EPA estimates the number of crop-producing farms that hire labor and are likely to engage in 

549 activities with hand labor, nearly 375,000 establishments, as the likely universe of farms covered 

550 by WPS requirements. Chapter 3.2.3 discusses the affected entities in detail. For convenience, 

551 throughout this document, we refer to the affected farms, nurseries, and greenhouses that hire 

552 labor as “WPS farms.” The use of all farms hiring labor may be a slight overestimation due to 

553 the presence of organic growers; however many organic producers also have conventionally 

554 grown crops and organic-approved pesticides, while generally considered less toxic to humans, 

555 must still be handled carefully and are subject to WPS requirements.

556

557 Similar information on the number of entities using pesticides for forestry operations is not 

558 available. However, certain WPS requirements do not apply when treated areas are 

559 geographically distant from areas where workers are engaged in activity. Given forest 

560 production practices, pesticide applications and worker activities are commonly quite distinct 

561 and so WPS requirements would rarely impact forestry operations.

562

563 Commercial Pesticide Handling Establishments

564

565 EPA estimates that there are nearly 2,000 commercial firms that provide pest control services to 

566 agricultural establishments and which may be covered by the WPS and, therefore, affected by 

567 revisions to the requirements. Approximately 5,000 firms were identified under the North 

568 American Industrial Classification System (NAICS) code 115112, Support Activities for Crop 

569 Production, Soil Preparation, Planting, and Cultivating. Within this group, we identified firms 

570 listed under the Standard Industrial Classification (SIC) code descriptions for weed control 

571 services (before and after planting), crop dusting services, soil chemical treatment services, crop 

572 spraying services, crop thinning services (chemical), and crop disease control services.

573
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574 Further, there are nearly 90,000 commercial applicators certified to use Restricted Use Products 

575 for agricultural plant production (CPARD, 2014). EPA estimates, considering that some will be 

576 employed in the commercial firms identified above, that there are about 42,000 small or self577 employed handlers providing commercial services to the agricultural sector. See Chapter 3.2.3

578 for detail.

579

580 1.4 Overview of Final Regulation

581

582 EPA is finalizing revisions to the requirements of the WPS to address the problems arising from 

583 inadequate information and externalities, to clarify required actions, and to reflect current 

584 knowledge. Chapter 2 discusses the revisions addressed in this analysis in more detail. The 

585 preamble to the final rule explains all changes to the WPS. For this analysis, EPA organizes the 

586 final requirements into eight categories.

587

588 Three categories primarily address the issue of incomplete information. Training requirements 

589 are designed to provide general information to employees; an important aspect of the pesticide 

590 safety training is to provide workers and handlers with information about the risks of pesticides 

591 and steps they can take to minimize their exposure. Hazard Communication and Notification

592 requirements are designed to provide timely application-specific information. Together, these 

593 requirements mean that agricultural workers receive appropriate safety information and know 

594 when that information is most relevant in their work.

595

596 Three categories address the externality issue and provide protections to employees working with 

597 pesticides. Age restrictions are meant to protect adolescents, whose developing systems may be 

598 more susceptible to pesticide effects. Adolescents may also be less able to judge the potential 

599 risks of exposure, especially the long-term effects, compared to adults. Entry restrictions are 

600 designed to reduce the possible adverse effects on workers who are in proximity either in time or 

601 space to a pesticide application. Requirements for personal protective equipment (PPE) are 

602 intended to provide handlers with protection from pesticide exposure during handling tasks.

603

604 The final two categories revise regulations to provide greater clarity and to help employers 

605 adequately prepare for the possibility of exposure. The revisions pertain to the provision of 

606 decontamination supplies and clarify existing requirements about providing emergency 

607 assistance.

608

609 1.4.1 Statutory Authority

610

611 This action is issued under the authority of sections 2 through 35 of the Federal Insecticide, 

612 Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136-136y, and particularly section 25(a), 7 

613 U.S.C. 136w(a).

614
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615 1.4.2 Need for Federal Regulation

616

617 Under FIFRA, states and territories may establish local standards, provided the minimum federal 

618 standards are met. For improved protections and efficiency, EPA concludes that the federal 

619 standards should be revised.

620

621 First, there are efficiency gains for state and local agencies responsible for implementing 

622 agricultural worker protection standards. Many states rely on the federal standards because data 

623 on pesticide effects are largely assessed at the national level to save resources and avoid a 

624 duplication of effort. Thus, while states have the authority to issue their own regulations, they 

625 may lack the resources to individually examine toxicological and exposure data and revise 

626 protection standards.

627

628 There are also potential efficiency gains for agricultural establishments when there is greater 

629 consistency in worker protection requirements across states. Many workers migrate through the 

630 agricultural season as different crops and regions need labor at different times. If worker 

631 protection standards vary significantly across jurisdictions, workers may be confused about their 

632 rights and regulatory protections, which may put them at greater risk. Different notification 

633 requirements, in particular, that might present information in different ways, would be 

634 particularly confusing. Additionally, agricultural employers and farm managers or supervisors 

635 who cross state boundaries may inadvertently be out of compliance if regulatory requirements 

636 are inconsistent.

637

638 There may also be efficiency gains in establishing consistent training requirements. Federal 

639 requirements for training standards can ease the burden of developing programs for individual 

640 entities.

641

642 1.5 Changes from the Analysis of Final Revisions

643

644 EPA previously assessed the costs and benefits of the proposed revisions (BEAD, 2014). The 

645 analysis of the final revisions follows the same methodology; however, there are other important 

646 changes. First and foremost, the final rule has been modified somewhat from the proposed 

647 revisions as a result of information received during the public comment period on the proposal. 

648 A complete discussion of these changes is provided in the preamble to the final rule.

649

650 The cost analysis has been updated to reflect more current wage information and the price of 

651 materials required under the WPS and the revisions. The number of affected entities, including 

652 both farms and workers, has been updated with data from the 2012 Census of Agriculture. 

653 Finally, based on comments received on the proposal, a few of the scenarios, notably those 

654 pertaining to the use of respirators and closed pesticide delivery systems, were revised.

655

656 The analysis of acute benefits has also been revised. The analysis is based on more recent 

657 incident data, as well as additional information from pesticide incident surveillance programs.

658

659
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660 Chapter 2. Final Revisions to the Worker Protection Standard

661

662 This chapter provides a summary of the final revisions to the WPS and a discussion of the 

663 benefits provided by individual components of the final regulation. Changes to the rule that were 

664 proposed but not adopted are not discussed here. The preamble to the final rule presents 

665 additional details. Chapter 3 estimates the costs of the revisions and Chapter 4 discusses the 

666 benefits of the revisions as a whole.

667

668 The next section of this chapter describes EPA’s non-regulatory programs that have been 

669 established to improve worker safety. The remainder of the chapter is organized according to 

670 how the regulation helps promote worker safety, i.e., to inform workers, protect against 

671 exposure, or mitigate the effects of exposure. The changes to the regulation are addressed under 

672 these three broad elements. Section 2.2 of this chapter discusses the changes that will better 

673 inform workers and handlers about protecting themselves from pesticide exposure, which 

674 comprise of three categories: training, hazard communication, and notification. The provisions 

675 that protect workers against the adverse effects of pesticide exposure are in Section 2.3 and are 

676 divided into three categories: age requirements, restrictions on entry into a treated area, and 

677 personal protective equipment (PPE) requirements to protect against exposure. The final section, 

678 2.4, addresses changes to the WPS that mitigate the adverse effects of contact with pesticides

679 including provision of decontamination supplies and emergency response requirements. Please 

680 refer to the preamble to the final WPS for a complete discussion of the changes and the rationale 

681 for the Agency’s decisions.

682

683 2.1 Complementary Approaches to Improve Pesticide Safety

684

685 EPA’s pesticide worker safety program is comprised of three major components: 

686  protections for agricultural labor through the agricultural worker protection regulation 

687 and support activities; 

688  the establishment of federal competency standards for the certification of pesticide 

689 applicators; and 

690  the national health care providers’ pesticide initiative. 

691

692 2.1.1 Non-regulatory Approaches

693

694 The Agency engages in extensive non-regulatory approaches to protect agricultural workers, 

695 handlers, their families and the public from pesticide exposure and potential injury. To 

696 implement these programs, the Office of Pesticide Programs works with an extensive network of 

697 partners including state and tribal pesticide regulatory agencies, USDA’s National Institute of 

698 Food and Agriculture (NIFA); university cooperative extension services; farmworker advocacy 

699 groups; and the regulated community. 

700

701 EPA funds pesticide safety education and outreach, and regulatory support activities through 

702 grants with governmental and non-governmental organizations with the goal of improving the 

703 health of workers, handlers, applicators, the public, and the environment. For example, EPA has 

704 a grant program to enhance and support national pesticide safety program efforts in order to 
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705 reduce pesticide exposure risks in pesticide worker and other affected populations. Regionally, 

706 nationally, and internationally, the grantee works with a variety of partners (community-based 

707 organizations, businesses, educators, researchers, health care providers, regulators, subject matter 

708 experts, agricultural retailers) to assess the needs of the targeted communities and develop 

709 creative community-based action plans to enhance risk reduction via targeted training and 

710 outreach methods including: workshops, hands-on training, fact sheets, manuals, exams, Web, 

711 DVDs, and webinars.

712

713 EPA partners with the National Institute for Occupational Safety and Health (NIOSH), part of 

714 the Centers for Disease Control (CDC), to maintain the Sentinel Event Notification System for 

715 Occupational Risk (SENSOR) program, which gathers information related to occupational 

716 pesticide incidents, including those experienced by farmworkers. These data have been useful in 

717 characterizing the benefits of the final rule, as discussed in Chapter 4.

718

719 EPA has also supported the Department of Labor’s National Agricultural Worker’s Survey 

720 (NAWS), which collects demographic, health, and working condition information from 

721 farmworkers and handlers. These data are useful to direct the development of materials in 

722 appropriate languages and complexity.

723

724 EPA supports state implementation of 40 CFR part 171, which regulates the competency of 

725 pesticide applicators who use restricted use pesticides (RUPs), through grants to the cooperative 

726 extension services in each state to support the training of applicators using RUPs.

727

728 A core element of EPA’s pesticide worker safety program is the national health care providers’

729 pesticide initiative, aimed at improving the training of health care providers in the recognition, 

730 diagnosis, and treatment of occupational pesticide poisonings. EPA collaborated in the 

731 development of a manual for health care providers called “Recognition and Management of 

732 Pesticide Poisoning.” This resource outlines the health effects associated with different classes 

733 of pesticides and recommends treatments based on the suspected exposure. Under this initiative, 

734 EPA also works closely with the Migrant Clinicians Network, which operates a project to 

735 improve pesticide education and awareness and to train health care providers to recognize and 

736 treat pesticide-related conditions. This project includes the development of relevant resources 

737 and tools that health care providers need to deal effectively with pesticide-related health 

738 conditions, and the distribution of these products through training sessions, the Internet, and 

739 continuing education opportunities.

740

741 The WPS regulation complements EPA’s non-regulatory pesticide worker safety program

742 activities to improve protections for agricultural workers, handlers, and their families. In many 

743 cases, regulatory change was the result of consultation with stakeholders and industry 

744 participants on how to improve pesticide worker safety.

745

746 2.1.2 Regulatory Approaches

747

748 Approval of a new or amended pesticide registration for sale and use implies EPA approval of 

749 the pesticide label. By law, use of a pesticide must not result in unreasonable risks to human 

750 health or the environment. It is illegal to use any registered pesticide in a manner inconsistent 
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751 with its labeling. EPA uses the labeling to establish and convey mandatory requirements for how 

752 the pesticide must be used in order to protect people and the environment from pesticide 

753 exposure. The label reflects the risk mitigation measures required by the Agency for a specific 

754 pesticide, where these measures are determined according to the results of the Agency’s risk 

755 assessments, including occupational risk assessments.

756

757 The label, however, is not available to the typical farmworker, because they are not involved in 

758 the use of the pesticide; as noted previously, they are potentially exposed via contact with treated 

759 surfaces after the application has been completed. The requirements of the WPS complement the 

760 label by providing protections from this post-application exposure. It establishes requirements 

761 on the employer to notify employees of treated areas, to provide pesticide safety training 

762 information that enables workers and handlers to protect themselves and their families, to 

763 provide supplies to be used to mitigate a pesticide exposure, and to provide emergency assistance 

764 in the case a worker or handler is made ill from such an exposure. These requirements are 

765 generic, crossing all agricultural use products covered by the WPS and are more appropriately, 

766 efficiently, and consistently covered in regulation.

767

768 2.2 Informing Agricultural Workers and Pesticide Handlers

769

770 In the final regulation, EPA is revising the requirements for Pesticide safety training (Section 

771 2.2.1), Hazard communication (Section 2.2.2), and Notification of agricultural workers and 

772 handlers (Section 2.2.3) to better inform them of potential dangers related to pesticide exposure

773 and how and when to avoid unsafe exposure. These measures work together to provide workers 

774 with important information about their working conditions and how they should act in those 

775 conditions. For each of these areas, a summary table of the existing, proposed, and final

776 requirements is presented. We discuss the intent of the requirements and provide a discussion of 

777 expected benefits.

778

779 2.2.1 Pesticide Safety Training

780

781 In the existing and final regulations, pesticide safety training provides general information on 

782 pesticides, how workers and handlers may come into contact with them, how to prevent exposure 

783 to pesticides, and what to do if exposed to pesticides. With the final rule, EPA is changing

784 worker and handler training requirements and changing supporting requirements that include 

785 recordkeeping and training verification. See the preamble to the final rule for detailed 

786 information on the requirements and the reasons for the Agency’s decisions.

787

788 Worker Training

789

790 Table 2.2-1 provides a summary of the existing, proposed, and final regulations that will be 

791 revised. In both the existing and final regulations, pesticide safety training must be provided to 

792 all workers before they enter an area that has been treated with a pesticide or been under an REI 

793 within 30 days. Currently, however, the WPS provides an exemption in the case that full 

794 training cannot be provided before each worker’s first entry into such areas; employers must 

795 provide an abbreviated training consisting of basic safety information and full training must be 
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796 complete before the sixth day of entry. This grace period was designed to allow flexibility for 

797 agricultural establishments and was originally implemented because the availability of trainers 

798 was limited when the WPS was revised in 1992. However, the result is that workers may not be 

799 fully trained before engaging in hand labor. EPA estimates that nearly 100,000 workers do not 

800 receive the full safety training before entering fields recently treated with a pesticide. In the final 

801 rule, full training must be provided before the first entry, with no grace period permitted. With 

802 this change, workers will have the full information they need to protect themselves from 

803 pesticide exposure before engaging in hand labor activities in or near a treated area. In addition, 

804 it will prevent the possibility that a worker never receives full training when moving from one 

805 farm to another.

806

807 Under the current rule, workers must receive the safety training at least every five years. 

808 Revisions will require that workers receive the safety training every year. Retention of pesticide 

809 safety information is expected to improve with annual training rather than with the existing five810 year cycle. Calabro et al. (2000) showed that two years after training, medical students 

811 performed no better than untrained students in following protocols to prevent infections in 

812 themselves and their patients. Ultimately, the changes will improve workers’ ability to protect 

813 themselves from pesticide exposure.

814

815 In the proposal, EPA considered eliminating certified applicators and handlers as qualified 

816 trainers for workers. However, many comments convinced EPA that certified applicators possess 

817 the necessary skills to provide training to workers. In the final rule, certified applicators are 

818 among the people qualified to train workers, but trained handlers will not be qualified as trainers. 

819

820 In the final regulation, worker training is expanded to include several new items: ways to reduce 

821 take-home pesticide exposure, worker rights (e.g., to a copy of training records) and protections 

822 (e.g., from retaliation), and the new WPS requirements. See Table 2.2-1. EPA’s understanding 

823 of the potential for pesticide residues to be transported to the worker’s home on clothing and 

824 other work materials has increased since the WPS was last revised. Relatively simple measures 

825 to reduce transport can be used, but workers must be informed so that they can protect 

826 themselves and their families. Training in the new WPS requirements, including an explanation 

827 on warning signs and their meaning, information provided in case of entry into a field under a 

828 REI, and the availability of hazard communication materials, will help to insure safety measures 

829 are followed and that workers understand their employer’s responsibilities in reducing exposure 

830 to pesticides.

831
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832 Table 2.2-1. Existing, Proposed, and Final Worker Training Requirements.

Existing Requirement Proposed Requirement Final Requirement

Worker Training Frequency and Grace Period

Untrained workers receive, at a 

minimum, abbreviated training 

before entering a treated area.

Full safety training before 6th 

day of entry into treated area. 

Training every 5 years. 

Untrained workers receive, at 

minimum, essential Right-toKnow information before 

entering a treated area.

Full safety training before 3rd day 

of field entry.

Annual training.

Untrained workers receive full 

training prior to entry into a 

treated area. 

No grace period. 

Annual training. 

Training Content for Workers 

Basic pesticide safety training:

1. Possible exposures

2. Hazards

3. Routes through which 

pesticides can enter body

4. Signs and symptoms of 

poisoning

5. Emergency first aid for 

poisonings

6. Obtaining medical care

7. Decontamination 

procedures

8. Hazards from chemigation 

and drift

9. Hazards from residues on 

clothing

10. Warnings about taking 

pesticides or pesticide 

containers home

11. WPS requirements

Expand existing 11 basic safety 

training requirements to include:

 Take home exposure

 Early entry notification

 Understanding hazard 

information – Safety Data 

Sheets (SDS)

 How to report suspected use 

violations

 Additional employer 

requirements under the 

proposal 

Expand existing 11 basic safety 

training requirements to include:

 Take home exposure

 Early entry notification

 Understanding hazard 

information – SDS

 How to report suspected use 

violations

 Additional employer 

requirements under the final 

rule

Criteria for Trainers of Workers

Training may be conducted by

 certified applicators,

 trainers of certified 

applicators,

 people who have 

completed “Train-thetrainer” programs, and

 handlers

Training may be conducted by

 trainers of certified 

applicators, and

 people who have completed 

“Train-the-trainer” programs

Training may be conducted by

 certified applicators,

 trainers of certified 

applicators, and

 people who have completed 

“Train-the-trainer” programs

833

834 Handler Training

835

836 The requirements in the final regulation on the frequency and content of handler training are 

837 summarized in Table 2.2-2. In the final regulation, annual pesticide safety training is required 

838 for handlers, rather than the existing requirement of every five years. With this change, the 

839 retention of pesticide safety information will be greater for annual training over the existing five-
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840 year requirement. The expected benefits are improvements in handlers’ ability to protect 

841 themselves from pesticide exposure.

842

843 In the final regulation, the content of handler training is expanded to include ways to reduce 

844 take-home pesticide exposure, handler rights, the content of Safety Data Sheets (SDS), and the 

845 new WPS requirements. The new components of handler training that are not relevant to 

846 workers are a definition and meaning of the “application exclusion zone,” proper procedures if 

847 another person enters the application exclusion zone, and separate training on respirator use, fit848 testing of respirators, and medical evaluation for respirator users. Handler training will help 

849 insure safety measures are followed and that handlers understand their and their employer’s 

850 responsibilities in reducing exposure to pesticides.

851

852 Table 2.2-2. Existing, Proposed, and Final Handler Training Requirements.

Existing Requirement Proposed Requirement Final Requirement

Training Frequency for Handlers

Training every 5 years Annual training Annual training

Training Content for Handlers

13 topics are covered

1. Product label, including 

safety information

2. Hazards

3. Routes through which 

pesticides can enter body

4. Signs and symptoms of 

poisoning

5. Emergency first aid

6. Emergency medical care

7. Decontamination 

procedures

8. Personal Protective 

Equipment (PPE)

9. Heat-related illness issues

10. Safety requirements for 

handling, transporting, 

storing, and disposing of 

pesticides

11. Environmental concerns 

12. Warnings about taking 

pesticides or their 

containers home

13. Regulatory requirements 

of handling

Expand 13 topics covered to 

include:

Take home exposure

Early entry notification and age 

limit

Entry restricted area 

requirements

Requirements for respirator fit 

test, training and medical 

evaluation

Hazard information – SDS

Expand 13 topics covered to 

include:

Take home exposure

Early entry notification and age 

limit

Entry exclusion zone

requirements

Requirements for respirator fit 

test, training and medical 

evaluation

Hazard information – SDS

853

854 Pesticide Safety Training Recordkeeping and Verification

855

856 In the existing regulation there is no requirement to keep records of training. In the final 

857 regulation, for both worker and handlers, employers are required to document pesticide safety 

858 trainings and maintain the records for two years. The information that must be recorded is listed 

859 in Table 2.2-3. Note that the final regulation does not require documentation of the date of birth 
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860 of the worker or handler. The employer may keep one record for each training session, provided 

861 that it contains all of the required information as well as the signatures of all trained workers and 

862 handlers. This recordkeeping requirement benefits both agricultural establishments and 

863 enforcement agencies by establishing a clear method for verifying that applicable requirements 

864 have been met. The two-year retention period recognizes that compliance reviews and 

865 enforcement actions are not necessarily brought immediately.

866

867 In the final regulation, EPA’s optional verification card system is eliminated. However, states 

868 retain the right to develop their own verification card system (to complement the recordkeeping 

869 requirement) if they choose. The final regulation requires the employer to provide a copy of the 

870 training record if requested by the trained worker or handler. The employee can then provide the 

871 record to subsequent employers, which may help to reduce repeat training of workers and 

872 handlers who have already met the training requirement. This system is an improvement on the 

873 verification card approach since it provides subsequent employers with all the necessary 

874 information for their own records, which individualized cards did not.

875

876 Table 2.2-3. Existing, Proposed, and Final Training Records Requirements.

Existing Requirement Proposed Requirement Final Requirement

Recordkeeping of Training for Workers and Handlers

No Records Employer to keep records of 

worker training for 2 years:

 Names of workers/handlers

trained, trainer and employer

 Date of birth of 

worker/handler

 Date of training

 Training materials used

 Acknowledgement of receipt 

of training by signature of 

worker/handler

 Documentation of trainer’s 

qualification

Employer to keep records of 

worker training for 2 years:

 Names of workers/handlers

trained, trainer and employer

 Date of training

 Training materials used

 Acknowledgement of receipt 

of training by signature of 

worker/handler

 Documentation of trainer’s 

qualification

Verification of Training for Workers and Handlers

Voluntary program allows for 

training verification cards

Provide verification in the form 

of a copy of the training record to 

handler or worker

Provide verification in the form 

of a copy of the record of training 

upon request by trained handlers

or workers

877

878 2.2.2 Hazard Communication

879

880 The requirements in the final regulation on hazard communication pertain to the availability of 

881 the information, the content to be provided, and recordkeeping. A comparison of the existing, 

882 proposed, and final requirements is shown in Table 2.2-4. See the preamble to the final rule for 

883 detailed information on the requirements and reasons for the Agency’s decisions. The purpose 

884 of hazard communication is to inform workers and handlers of the specific chemicals that are 

885 used around their work areas and to provide them with information they may need to recognize 

886 symptoms of particular exposure and the ability to seek out further information if the employee 
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887 desires. Notification that an application is to take place and warnings to avoid treated areas 

888 under a restricted entry interval (REI) are separate requirements.

889

890 In the existing and final regulation, agricultural employers are required to display information 

891 about pesticide applications at a central location for unhindered access by the employees and for 

892 30 days following the end of the REI. Currently, the information must be displayed prior to the 

893 application if workers are present. The revised regulation requires information to be posted at 

894 least 24 hours after the application ends but prior to any worker entering the treated area. This 

895 revision reduces the likelihood of inaccurate information being displayed, since changes may be 

896 made to a planned application.

897

898 The content consists of information about the application: (i) the product name, EPA registration 

899 number, and active ingredient(s) of the pesticide product, (ii) the location and description of the 

900 area to be treated, (iii) the date and time the pesticide is to be applied, and (iv) the duration of the 

901 REI for the pesticide. The final regulation makes two small revisions: the location and 

902 description of the area to be treated must include the crop (or site) treated and the date and time 

903 when the application ended, which is when the REI begins. Further, the employer must display a 

904 copy of the SDS for the pesticide product applied. The SDS provides a standardized source of 

905 information on the hazards of a particular chemical or product, the symptoms of poisoning, and 

906 treatment information. The existing requirement provides workers with information about 

907 potential exposure, but does not provide specific hazard information. Workers must use 

908 information about the product name and registration number to find information about the 

909 hazards and their ability to do so may be limited. Providing the SDS makes that information 

910 readily available.

911

912 This information can be complex, however, and merely having access to the information may not 

913 be sufficient. In practice, the primary benefit of this requirement is likely to be in case of an 

914 incident or illness. Information on the chemical and the symptoms of poisoning can be critical 

915 and speed the diagnosis of an illness. The SDS also provides treatment information. The final 

916 rule requires the employer to make access to or a copy of the information available on request to 

917 workers, handlers, or their designated representative, and treating medical personnel or persons 

918 acting on their direction. Further, because agricultural employment is highly seasonal, the final 

919 rule requires access to or a copy of the information be made available for workers no longer 

920 employed on the farm for the period that the records are required to be held.

921

922 In the final regulation, EPA requires the agricultural employer to maintain a copy of the pesticide 

923 specific application information and SDS for two years from the REI end date. As discussed in 

924 the training section above, the advantage of keeping records is that it makes the verification of 

925 compliance with the regulations much simpler for both the employer and the enforcement 

926 agency. Since the consequences of pesticide exposure may not be immediately obvious, a longer 

927 retention period is useful.

928
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929 Table 2.2-4. Existing, Proposed, and Final Hazard Communication Requirements.

Existing Requirement Proposed Requirement Final Requirement

Availability of Information

Display information at a central 

location before each application 

occurs, or if no workers are on 

establishment, before next work 

period, and keep posted for 30 

days from the REI end date.

Record information by end of 

day of application. Make a copy 

available during normal work 

hours upon request, to workers, 

handlers and their authorized 

representatives.

Display information at a central 

location before workers enter 

the treated area or within 24 

hours of the end of application, 

and keep posted for 30 days

from the REI end date.

Make access to or a copy of the 

information available on request 

to workers, handlers, or their 

designated representative, and 

treating medical personnel or 

persons acting on their direction, 

while it is required to be on 

display or retained on the 

establishment.

Pesticide Specific Information and Hazard Information

For each application, display at 

a central location the following 

pesticide application 

information: 

 location and description of 

treated area; 

 active ingredient, product 

name, registration number;

 time and date the pesticide is 

to be applied;

 the REI

For each application, make 

available to workers, handlers 

and their authorized 

representatives, a copy of the 

pesticide label, SDS and the 

following pesticide application 

information: 

 location and description of 

treated area; 

 crop or site treated;

 active ingredient, product 

name, registration number;

 time and date the pesticide 

is to be applied

 the REI

For each application, display at 

a central location a copy of the 

SDS and the following pesticide 

application information:

 location and description of 

treated area, including crop 

or site treated; 

 active ingredient, product 

name, registration number;

 times and date(s) the 

application started and 

ended;

 duration of REI

Recordkeeping

No recordkeeping Keep for 2 years from REI end 

date

Keep for 2 years from REI end 

date

930

931 2.2.3 Notification

932

933 The WPS requires employers to provide workers and handlers with information about each 

934 pesticide application occurring on a farm or in a nursery or greenhouse. The intent is that 

935 employees will know when to implement the precautions explained in pesticide safety training. 

936 There are four areas within this component. First, we discuss the requirements for restricted 

937 entry interval notification. The second area pertains to the notification to workers performing 

938 early entry tasks. Third, the requirements for the pesticide safety information display are 

939 discussed, and lastly, we discuss the requirements on information exchange between commercial 
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940 handler employers and agricultural employers. A table comparing the existing, proposed and 

941 final requirements is provided following the discussion of each area. See the preamble to the 

942 final rule for detailed information on the requirements and reasons for the Agency’s decisions.

943

944 Restricted Entry Interval Notification 

945

946 In the existing and final regulations, agricultural employers are required to provide warnings of 

947 areas under a REI by posting signs and/or orally informing their workers. Currently, all 

948 applications made indoors (i.e., greenhouses) must be posted. Warnings need not be given to a 

949 particular worker if, from the start of the application to the end of the re-entry interval, the 

950 worker would not be within one-fourth mile of the treated area or if the employee is the handler 

951 who applied the pesticide. In the final regulation, warning signs must be posted for pesticides 

952 applications when the REI is greater than 48 hours for outdoor applications and 4 hours for 

953 greenhouse applications. If the REI is equal to or less than 48 hours or 4 hours respectively, the 

954 employer has the option of posting warning signs or giving oral notification, unless the label 

955 requires both (i.e., double notification). See Table 2.2-5.

956

957 A NIOSH review of available information indicates that entry into a treated area under a REI is 

958 the second-leading cause of pesticide incidents, following drift from adjacent fields (Calvert et 

959 al., 2008). It is unclear how many of these incidents stemmed from inadvertent entry as opposed 

960 to employer-directed entry, but it seems likely that many, including unreported incidents, would 

961 stem from poor recall. On farms producing a variety of crops, there could be several fields 

962 treated with different products and remembering which fields should be avoided could become 

963 difficult. Even on less diverse WPS farms, fields may have staggered planting dates and, 

964 therefore, staggered activities, which might include pesticide applications. Different fields of the 

965 same crop but with different REI date could be confusing, especially for long REIs. Recall may 

966 be problematic for employers, as well. Employers must notify workers at the time of the 

967 application, but must also remember to notify workers who are not present at the time when they 

968 return to work. The longer the REI, the harder it is to insure all workers receive the appropriate 

969 notification. Thus, posting warnings for REIs longer than 48 hours is anticipated to reduce 

970 inadvertent entry into treated fields and reduce exposure to pesticide residues.

971

972 Table 2.2-5. Existing, Proposed, and Final REI Notification Requirements.

Existing Requirement Proposed Requirement Final Requirement

REI Notification

Outdoor production: Either oral 

notification or post warning 

signs unless double notification 

is required by label

Outdoor production: Post 

warning signs if REI is greater 

than 48 hours; otherwise option 

for oral notification unless 

double notification is required 

by label

Outdoor production: Post 

warning signs if REI is greater 

than 48 hours; otherwise option 

for oral notification unless 

double notification is required 

by label

Indoor production (WPS 

Greenhouses): Post warning 

signs; additional oral 

notification if double 

notification is required by label

Post warning signs if REI is 

greater than 4 hours; otherwise 

option for oral notification 

unless double notification is 

required by label

Post warning signs if REI is 

greater than 4 hours; otherwise 

option for oral notification 

unless double notification is 

required by label

973
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974 Notification to Workers Performing Early Entry Tasks

975

976 Early entry into a treated area under an REI is permitted by the existing and final regulations 

977 under certain narrow exceptions. These exceptions are for “limited contact,” “no contact,” 

978 “short-term,” “irrigation” or “agricultural emergency activities.” Under the existing rule, except 

979 for entry under the “no contact” exception, employers must make sure that workers performing 

980 early entry tasks have read the label or been informed of information on the label related to 

981 human hazards or precautions, first aid and user safety, and other information related to the 

982 application, the early entry exception used, and early entry requirements. See Table 2.2-6. 

983

984 Table 2.2-6. Existing, Proposed, and Final REI Notification Requirements.

Existing Requirement Proposed Requirement Final Requirement

Notification to workers entering treated area during REI

(Does not apply to “no contact” situations.)

Agricultural employer must 

ensure that employee has either 

read or been informed of all 

labeling requirements related to 

human hazards and precautions, 

uses PPE as required by the 

label, and follows any other 

label requirements regarding 

early entry

Oral notification to workers 

prior to entry into treated area 

during REI:

 Date of entry

 Location of early-entry area

 Pesticides applied

 Dates and times REI begins 

and ends

 Exception allowing early 

entry and description of tasks

permitted under the 

exception

 Whether contact with treated 

surfaces is permitted

 Amount of time allowed in 

area

 Required PPE

 Location of basic safety 

information and 

decontamination supplies

The employer must ensure the 

worker has read or been 

informed of labeling related to 

human hazards, precautions, 

first aid and user safety

Oral notification to workers 

prior to entry into treated area 

during REI:

 Location of early-entry area

 Pesticides applied

 Dates and times REI begins 

and ends

 Exception allowing early 

entry and description of tasks

permitted under the 

exception

 Whether of contact with 

treated surfaces is permitted

 Amount of time allowed in 

area

 Required PPE

 Location of basic safety 

information and 

decontamination supplies

The employer must ensure the 

worker has read or been 

informed of labeling related to 

human hazards, precautions, 

first aid and user safety

No requirements for record 

keeping

Keep records for 2 years on:

 Notification (see above), 

except labeling hazard and 

precaution information

 Acknowledgement of 

notification by printed name 

and signature of workers

No requirements for record 

keeping

985
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986 As noted above, entry into treated areas during the REI was the second most common factor 

987 leading to pesticide incidents in a recent review of incident data (Calvert et al., 2008). 

988 Information is lacking to determine the proximate cause of entry, but some incidents could have 

989 occurred during employer-directed entry. Farmworker advocacy organizations have expressed 

990 concern that workers do not recognize the elevated risk from early entry or understand the 

991 requirements of the exceptions and therefore may fail to appreciate the particular importance of 

992 complying with the terms of the early-entry exception. Under the final revisions, the early entry 

993 notification requirements will be expanded to include additional safety information such as the 

994 pesticide applied, the start and end times of the REI, and the permitted types of contact with 

995 treated surfaces.

996

997 Pesticide Safety Information Display

998

999 The basic pesticide safety information display is a visual reminder of the information presented 

1000 in pesticide safety training, including steps workers and handlers should follow to protect 

1001 themselves from exposure and how to decontaminate themselves if they are exposed. Employers 

1002 must display the information at a central location on the establishment. In the final regulation, 

1003 employers will also be required to provide contact information for nearby medical facilities and 

1004 the state enforcement agency on the display. Information about how to contact enforcement 

1005 personnel would enable employees to report violations. Contact information for the medical 

1006 facility insures that employees have the ability to call for assistance in case of an accident.

1007

1008 The revisions to the WPS will also require that the information be displayed where 

1009 decontamination supplies are available for 11 or more workers and/or handlers and at permanent 

1010 decontamination locations. With this additional location, the information would be available at 

1011 times and in places it is most needed. Decontamination procedures are covered in safety 

1012 training, but they not reinforced by routine practice. Thus, a display depicting the appropriate 

1013 steps to take in case of exposure will reinforce the training message.

1014

1015 Table 2.2-7. Existing, Proposed, and Final Basic Pesticide Safety Display Requirements.

Existing Requirement Proposed Requirement Final Requirement

Pesticide Safety Information

Information on display includes 

decontamination information 

and self-protective practices

Decontamination information 

and self-protective practices 

and:

 State enforcement agency 

contact information 

 Medical facility contact 

information

Decontamination information 

and self-protective practices 

and:

 State enforcement agency 

contact information Medical 

facility contact information

Displayed at a central location Displayed at a central location 

and display with worker and 

handler decontamination 

supplies 

Displayed at a central location 

and display wherever 11 or more 

workers/handlers are working 

and sanitation supplies are 

required, and at all permanent

decontamination locations

1016
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1017 Information Exchange between CPHEs and WPS Farms

1018

1019 As in the existing regulation, the final regulation requires commercial pesticide handling 

1020 establishments (CPHEs) and agricultural employers to exchange information about pesticide 

1021 applications. The agricultural employer must provide the CPHE with information about treated 

1022 areas under REIs on the establishment. The CPHE must notify the agricultural employer of 

1023 application plans prior to making an application so that information can be communicated to 

1024 workers and handlers. The revisions adjust the timing information is exchanged and revises the 

1025 rule to reflect existing guidance. 

1026

1027 2.3 Protecting Workers and Pesticide Handlers

1028

1029 In the final regulation, EPA revised requirements to improve protections for workers and 

1030 handlers from the exposure and potential adverse effects of pesticides. The provisions are

1031 intended to reduce worker and handler exposure to pesticides. There are three areas: minimum 

1032 age requirements; entry restrictions, and Personal Protective Equipment (PPE). Summary tables 

1033 compare the existing, proposed and final requirements. See the preamble to the final rule for 

1034 detailed information on these requirements and rationale for EPA’s decisions.

1035

1036 2.3.1 Minimum Age

1037

1038 The final regulations establish a minimum age requirement of 18 for handlers and early entry 

1039 workers. EPA focused on two situations where workers and handlers will have the greatest 

1040 potential for exposure: the handling of pesticides including mixing, loading, and applying; and 

1041 entry into treated fields during the REI. Minimum age requirements protect adolescents who 

1042 may be more susceptible to injury from exposure to pesticides in either a concentrated form or 

1043 where residues may be at a level that could cause unreasonable adverse effects without proper 

1044 protection. Neither minimum age requirement applies to persons covered by the immediate 

1045 family exemption. 

1046

1047 Table 2.3-1. Existing, Proposed, and Final Requirements for Minimum Age Restrictions.

Existing Requirement Proposed Requirement 1 Final Requirement 1

No age restriction on person 

performing early entry activities

Employee must be 16 years of 

age to be directed to perform 

early entry activities

Employee must be 18 years of 

age to be directed to perform 

early entry activities

No age restriction on person 

performing handling activities

Employee must be 16 years of 

age to perform handler duties

Employee must be 18 years of 

age to perform handler duties

1

1048 Restriction does not apply to persons covered by the immediate family exemption.

1049

1050 As explained in more detail in Chapters 1 and 4, studies have suggested that the adverse effects 

1051 of pesticides may be greater on children and adolescents than for mature individuals because 

1052 developing systems are more sensitive (EPA, 2002; EPA 2008; Golub, 2000). Thus, there can be 

1053 substantial benefits to the health of adolescents by precluding them from engaging in tasks with 

1054 the highest potential levels of exposure. Further, young adults may take more risks than older 

1055 workers because they may be less capable of evaluating the consequences of their decisions

1056 (Young and Rischetielli, 2006). Thus, they may be less likely to follow directions and use PPE 
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1057 properly and in appropriate situations. In the case of handlers, adolescents may not follow all 

1058 label restrictions because they do not fully comprehend the potential impacts to themselves, 

1059 others, and the environment.

1060

1061 EPA estimates that there are about 150,000 workers under the age of 18 within the total farm 

1062 work force, with as many as 27,000 involved in early entry activities each year. There are likely 

1063 about 6,200 of these adolescent workers who engage in pesticide handling activities on farm and 

1064 another 200 or so may be employed as handlers by CPHEs and working extensively with 

1065 pesticides.

1066

1067 2.3.2 Entry Restrictions

1068

1069 EPA is finalizing two changes; one pertaining to entry into areas being treated with pesticides 

1070 and one pertaining to entry into areas under a REI.

1071

1072 The existing regulation limits direct contact between workers and pesticides by prohibiting entry 

1073 into an area during the application of a pesticide. Another WPS requirement, limited to nurseries 

1074 and greenhouses, establishes an “entry restricted area” beyond the treated area to limit exposure 

1075 from drift in relatively confined spaces. The final regulation provides an analogous requirement 

1076 to farms and forests by defining an “Application Exclusion Zone (AEZ).” Unlike the entry 

1077 restricted area of nurseries and greenhouses which is defined by the area being treated, the AEZ 

1078 is established around the application equipment during application. The size of the zone depends

1079 on the method of the application because some application methods, such as aerial applications, 

1080 are more likely to result in drift than others, such as in-furrow applications. This revision 

1081 reinforces the prohibition against applying pesticides in a manner that results in contact to others 

1082 by establishing a well-defined area that employers must keep workers from entering. The AEZ 

1083 is limited to property under control of the employer. 

1084

1085 Entry into an area recently treated with pesticides carries with it the risk of increased exposure to 

1086 potentially unsafe levels of pesticide residues. Early entry into the treated area during the REI is 

1087 generally prohibited, except under narrow circumstances to perform tasks considered critical for 

1088 agricultural production. Most exceptions do not allow hand labor, require use of personal 

1089 protective equipment (PPE), and may have other limitations, such as and/or specifying that 

1090 contact with treated surfaces must be limited to feet, lower legs, hands and forearms. A person is 

1091 limited to one hour within the treated area under the short-term exception. Limited contact and 

1092 irrigation tasks exceptions are limited to eight hours within the treated area. Hand labor 

1093 activities are allowed in the case of an agricultural emergency, but there is currently no limit on 

1094 the time a worker may be in the treated area. The final revisions establish a four-hour time limit 

1095 for any single workers to enter an area during an REI in the case of an agricultural emergency, if 

1096 the area was treated with a double-notification product, i.e., requiring both oral notification and 

1097 posting warning signs because of a relatively high toxicity. The benefit of the restriction is to 

1098 limit the duration of any exposure to such chemicals.

1099
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1100 2.3.3 Personal Protective Equipment

1101

1102 Some risks of concern for exposure to pesticides may be addressed with the use of PPE to reduce 

1103 dermal, inhalation, and ocular exposure and pesticide labels may require the use of PPE. The 

1104 WPS establishes requirements designed to ensure that PPE are cleaned and maintained, used 

1105 properly and at the appropriate time. This is one way that WPS complements the pesticide label, 

1106 as discussed in Section 2.1.2. The requirements in the final regulations are discussed pertaining 

1107 to: respiratory protection, crop advisor exemption, closed systems, and contaminated PPE, 

1108 followed by a comparison of the existing, proposed and final requirements in Table 2.3-3. See 

1109 the preamble to the final rule for detailed information on these requirements and rationale for the 

1110 Agency’s decisions.

1111

1112 Respiratory Protection

1113

1114 The existing WPS requires that a respirator be appropriate for the pesticide applied and that the 

1115 employer of the handler ensure that the respirator fits correctly, but does not specify how to 

1116 determine proper fit. The final regulation establishes requirements for annual respirator fit 

1117 testing, training of the respirator wearer, and medical evaluation for handlers who must use a 

1118 respirator. This revision incorporates certain OSHA requirements that apply to workers in other 

1119 industries and reduces the possibility of exposures that occur from poor fit. The respirator 

1120 training provides handlers with the information to recognize respirator failure and to identify 

1121 when filters need replacement.

1122

1123 EPA reviewed over 800 pesticide incident reports; see Chapter 4 for details of this review. 

1124 About half were judged to pertain to occupational activities covered by the WPS. EPA identified 

1125 about a dozen incidents associated with respirator use and eight that were clearly linked to poor 

1126 respirator fit. Given the hazards associated with the pesticides that require respirators, improving 

1127 the use of this protective equipment is likely to result in substantial benefits.

1128

1129 Closed Systems

1130

1131 Under the existing regulations, a use of closed mixing and loading system allows relaxation of 

1132 the PPE requirements specified on the product label. Industrial hygienists consider engineering 

1133 controls, such as closed systems for pesticides to be the first and best line of defense against 

1134 occupational health hazards (Plog, 1996). Engineering controls do not require human 

1135 intervention to minimize exposure and the WPS is designed to encourage the use of closed 

1136 systems in place of PPE if possible. However, the substitution of a closed system for PPE is only 

1137 desirable if the closed system effectively prevents exposure. A closed system, under the existing 

1138 rule, is defined as “a properly functioning system that encloses the pesticide to prevent it from 

1139 contacting handlers or other persons.” This definition is vague and, as a result, many systems are 

1140 in use that do not fully protect the handler. EPA is revising the definition to set a performance1141 based standard in line with available technologies (Giles and Billing, 2013). EPA is requiring

1142 written operating instructions and training of handlers in the use of the system, if a closed system 

1143 is used in place of PPE. The revisions apply to any user of a closed system, including farms 

1144 relying solely on immediate family labor and are intended to ensure that those who choose to use 

1145 a closed system have one that is appropriate.
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1146

1147 Crop Advisor Exemption

1148

1149 PPE are generally required when a person enters a field under a REI. However, the WPS allows 

1150 for certain exemptions, specifically for certified crop advisors (CCA) and employees working 

1151 under the supervision of a CCA, although these employees must be provided decontamination 

1152 supplies and emergency assistance. The final regulation requires that employees working under 

1153 a crop advisor use a standard set of PPE or label-required PPE while working in a field during an 

1154 REI. The benefit of this revision is to remove a potential externality and protect employees who 

1155 may not be fully trained and may be unable to make appropriate judgments regarding personal 

1156 risk.

1157

1158 Table 2.3-2. Existing, Proposed, and Final Requirements for Personal Protective 

1159 Equipment.

Existing Requirement Proposed Requirement Final Requirement 

Handler employer confirms 

respirator fit

Fit test, training and medical 

evaluation conforming to OSHA 

requirements

Keep records for 2 years

Fit test, training and medical 

evaluation conforming to OSHA 

requirements

Keep records for 2 years

PPE exception while using a 

closed system

PPE exception only if using a 

closed system with specific 

design criteria and operating 

standards

PPE exception while using a 

closed system that meets a 

performance-based standard and 

basic operating instructions

Crop advisor may choose PPE 

for employees working in a field 

during an REI

Crop advisor employees must 

use label-required PPE while 

working in a field during an REI

Crop advisor employees must 

use a standard set of PPE or PPE 

required by label while working 

in a field during an REI

1160

1161 2.4 Mitigating the Effects of Pesticide Exposure

1162

1163 Certain regulations help mitigate the effects of accidental pesticide exposure by ensuring that 

1164 decontamination supplies are available and specifying actions for prompt medical treatment in 

1165 case of an emergency.

1166

1167 2.4.1 Decontamination Supplies

1168

1169 The existing WPS regulations require that workers have access to “enough” water, soap, and 

1170 single-use towels for washing when a pesticide covered by the regulation has been used or an 

1171 REI has been in effect in the last 30 days and workers are engaged in tasks in which they may 

1172 have contact with surfaces treated with the pesticide. EPA has issued guidance defining 

1173 “enough” water to be one gallon per worker (EPA, 2006). The final regulations require that 

1174 workers have access to one gallon, i.e., codifying existing guidance. Further, EPA will require 

1175 that early entry workers have access to three gallons, as measured at the beginning of the 

1176 workday. More water available for early entry activities is important due to the greater potential 

1177 for exposure and for higher levels of exposure than in routine activities.
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1178

1179 Similarly, the existing WPS regulations require that handlers have access to “enough” water, 

1180 soap, and single-use towels for routine washing and emergency eye flushing. EPA’s guidance 

1181 defines “enough” water to be three gallons per handler (EPA, 2006). The existing regulations 

1182 also require that employers provide “enough” water for emergency eye flushing and one pint of 

1183 water in a portable container for emergency eyewash when the label requires protective eyewear. 

1184 Handler decontamination supplies must be available during any handling activity. The final 

1185 revisions codify the guidance for the quantity of water. The final requirements also specify that 

1186 for emergency eye flushing, a handler who is mixing or loading pesticides or is using a closed 

1187 system under pressure must have a system capable of delivering 0.4 gallons of water per minute 

1188 for 15 minutes, or 6 gallons of water able to flow gently for about 15 minutes. Handlers making 

1189 application of products with label requirements for eye protection must be provided at least one 

1190 pint of water in a portable container for immediate use in case of an exposure to the eye, as in the 

1191 existing rule. In addition to ensuring the availability of appropriate materials in case of an 

1192 accident, the benefit of these final revisions is to provide regulatory clarity for employers and 

1193 enforcement agencies.

1194

1195 Table 2.4-1. Existing, Proposed, and Final Requirements for Decontamination Supplies.

Existing Requirement Proposed Requirement Final Requirement 

Decontamination Supplies for Workers

Provide “enough” water per worker 

for routine washing and emergency 

eye flushing

Provide 1 gallon of water per 

worker for routine washing 

and emergency eye flushing

Provide 1 gallon of water per 

worker for routine washing 

and emergency eye flushing

Provide “sufficient” water per early 

entry worker for thorough washing; 

provide 1 pint water for eye flushing 

as required

Provide 3 gallons of water per 

early entry worker for 

thorough washing; provide 1 

pint water for eye flushing as 

required

Provide 3 gallons of water per 

early entry worker for 

thorough washing; provide 1 

pint water for eye flushing as 

required

Decontamination Supplies for Handlers

Provide “enough” decontamination 

water per handler

3 gallons per handler for 

routine hand washing, 

emergency eye flushing, and 

washing entire body in case 

of emergency

3 gallons per handler for 

routine hand washing, 

emergency eye flushing, and 

washing entire body in case 

of emergency

All permanent mix/load sites 

require sufficient running 

water to flush eyes for 15 

minutes at 1.5 L/min. 

whenever a product requiring 

handler eye protection is 

being used

When mixing/loading product 

requiring handler eye 

protection, or using a 

pressurized closed system, 

have a system at the site 

capable of delivering at least 

0.4 gallons per minute for 15 

minutes or 6 gallons of water 

for about 15 minutes, and 1 

pint of water in a portable 

container

1196
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1197 2.4.2 Emergency Assistance

1198

1199 In case of a worker or handler becoming ill from pesticide exposure, the existing regulations 

1200 require that both transportation to an emergency medical facility and the provision of 

1201 information about the pesticide for medical personnel must be “prompt.” The proposal 

1202 established a specific timeframe of 30 minutes for provision of transportation and pesticide 

1203 information (label and SDS). However, many commenters described scenarios where the 

1204 established timeframe would be very difficult to meet. EPA concluded that the existing 

1205 requirement for prompt transportation and provision of information is adequate. The final 

1206 regulations, therefore, continue to require transportation to an emergency medical facility and 

1207 provision of information by the employer promptly upon notice of an illness.

1208

1209 Table 2.4-2. Existing, Proposed, and Final Requirements for Emergency Response 

1210 Provisions.

Existing Requirement Proposed Requirement Final Requirement 

Emergency Response for Workers and Handlers

“Prompt” provision of transportation, 

and obtainable information on 

product name, EPA registration 

number, active ingredients, and 

medical information (symptoms, 

antidote, etc.), circumstances of 

exposure to the pesticide for 

agricultural workers and handlers

Provision of emergency 

transportation and of SDS or 

label or comparable 

information to medical 

personnel or the injured 

person within 30 minutes

Provision of transportation, 

SDS and label (or the same 

information listed in the 

existing requirement) 

promptly upon notice of a 

pesticide-related illness 

1211

1212 The next chapter estimates the cost of the potential requirements and Chapter 4 provides a 

1213 discussion of the relative costs and benefits of the final regulation requirements.

1214

1215
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1216 Chapter 3. Cost Analysis

1217

1218 This chapter presents EPA’s estimates of the cost of changes to the worker protection standards. 

1219 EPA estimates the incremental cost of the final rule to be between $41.5 and $81.0 million per 

1220 year, given a three percent discount rate, but is likely to be between $60.2 and $66.9 million per 

1221 year. The range of costs reflects different estimates of the number of agricultural establishments 

1222 and number of workers and handlers that might be affected by revisions to the WPS. Using a 

1223 seven percent discount rate, the rule is estimated to cost between $40.0 and $81.0 million per 

1224 year. Since costs essentially recur each year, the discount rate only effects the estimated costs if 

1225 some components of the rule, particularly the additional training materials, are not implemented 

1226 at the same time as other components.

1227

1228 These cost estimates are subject to considerable uncertainty due to the diversity among farms and

1229 the lack of data regarding many current practices and the effect of the final requirements. We 

1230 necessarily rely on averages and/or information on ‘typical’ practices when, in fact, there is great 

1231 diversity in pest pressure and the use of pesticides across the agricultural sector. EPA has, 

1232 therefore, made a number of assumptions based on experience by EPA staff in the field and on 

1233 conversations with state regulators and other stakeholders. While assumptions are made 

1234 regarding the average or typical, in practice, EPA has tended to use values that are probably 

1235 more indicative of high and frequent pesticide use than would be typical for many farms. EPA 

1236 has also assumed that farms are in full compliance with current regulations and will be in full 

1237 compliance with the final regulations. This is clearly not the case; state authorities conduct 

1238 inspections of farms and find violations. However, inspections are not conducted randomly 

1239 across all potentially regulated establishments; many inspections are the result of specific 

1240 complaints. As a result, the information on violations does not provide meaningful information 

1241 on compliance rates.

1242

1243 A major driver of the estimated total cost is the number of agricultural establishments, workers, 

1244 and handlers that are covered by the WPS. According to the 2012 Census of Agriculture (NASS, 

1245 2015), there were 2.1 million farms, including livestock operations, nurseries, and greenhouses, 

1246 with 2.7 million employees in 2012 and these numbers have been relatively stable over the past 

1247 decade. However, the WPS applies only to those farms using pesticides for crop production. 

1248 The Census reports that about one million farms used pesticides in 2012, of which the Agency 

1249 estimates about 872,000 produce some kind of crop, including nursery and greenhouse 

1250 production. Further, the WPS generally applies only to farms that hire labor since farms relying 

1251 on immediate family labors are exempt from many of the provisions. The Census reports that 

1252 there are over 566,000 farms hiring labor and EPA estimates that about 466,000 of those, 

1253 employing 2.4 million people, produce crops. Of those, EPA estimates 354,000 farms 

1254 employing 2.1 million people used pesticides in 2012. EPA assumes that these estimates are 

1255 representative of other years although, due to differences in pest pressure from year to year, an 

1256 individual farm may not use pesticides every year. Finally, the WPS does not cover every 

1257 employee; it covers ‘workers’ who engage in hand labor activities in crop production and 

1258 ‘handlers’ who mix, load, and/or apply pesticides for crop protection. Farms that hire workers 

1259 are required by the WPS to:

1260  Conduct worker pesticide safety training;

1261  Provide hazard communication material and pesticide safety displays;
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31

1262  Provide notification of pesticide applications and REIs, either orally or by posting;

1263  Provide safety information in cases of entry into areas under a REI;

1264  Provide decontamination supplies and emergency assistance.

1265 Much of U.S. agriculture is mechanized and many employees will not be engaged in hand labor. 

1266 For example, farms engaged primarily in livestock production (NAICS 112) that also produce 

1267 crops likely grow forage crops or field crops like grains and oilseeds that do not require hand 

1268 weeding, thinning, or harvesting. These farms may employ a pesticide handler. Farms that hire 

1269 handlers are requied by the WPS to:

1270  Conduct handler pesticide safety training;

1271  Provide hazard communication material and pesticide safety displays;

1272  Provide appropriate PPE; and

1273  Provide decontamination supplies and emergency assistance.

1274

1275 EPA’s primary estimate is that nearly 375,000 agricultural establishments employing nearly 2.0 

1276 million workers and/or handlers will be affected by the revisions to the WPS. In particular, EPA 

1277 assumes that all establishments hiring workers and/or handlers will provide pesticide safety 

1278 training at the beginning of the agricultural season before decisions are made regarding the use 

1279 of pesticides. EPA estimates that 304,106 farms, employing 1.8 million workers and/or handlers, 

1280 will ultimately use pesticides and be subject to the other WPS requirements. Additionally, EPA 

1281 estimates there are another 568,000 farms that use pesticides but do not have employees 

1282 performing hand labor and/or pesticide handling tasks or are eligible for the immediate family 

1283 exemption. Some of these ‘family farms’ may be affected by revisions to the PPE requirements 

1284 and exceptions. Finally, EPA estimates there are over 40,000 commercial pesticide application 

1285 firms including self-employed commercial applicators that may be affected by the final 

1286 revisions. Given the estimated number of affected entities, EPA estimates the total annual 

1287 incremental costs to be between $60.2 and $66.9 million, using a three percent discount rate.

1288 The cost for large WPS farms, defined as those with annual sales of $750,000 or more, is 

1289 estimated to be around $170 and $355 per year, depending on whether the farm employs 

1290 handlers only or both handlers and workers. The incremental cost to the average small WPS 

1291 farms is estimated to be between $71 and $142 per year depending again on whether the farm 

1292 employs handlers and/or workers. For small farms, the cost represents less than 0.1 percent of 

1293 average annual sales. The impact on ‘family farms’ that use pesticides is limited to the respirator 

1294 fit requirements and changes in the standard for closed systems and is estimated to cost less than 

1295 $50 per year, on average, to approximately 130,000 farms. Commercial pesticide handling 

1296 establishments (CPHEs) are estimated to face an annual incremental cost between $530 and 

1297 $565, although self-employed commercial applicators will face costs of only about $230 per 

1298 year. Most of the estimated cost to CPHEs is due to the minimum age requirement and is a 

1299 driven by highly conservative assumptions regarding the number or adolescent handlers and the 

1300 amount of time they are employed. Forestry operations are also covered by WPS, but EPA lacks

1301 the data on co-occurrence of pesticide use and covered activities (hand labor) on these 

1302 establishments to confidently estimate the impact of WPS requirements. Pesticide use in forestry 

1303 operations is likely to be widely separated from worker activities in both time and space, with the 

1304 exception of seedling nurseries, and thus, impacts are likely to be minimal.

1305
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32

1306 The estimated costs amount to an average expenditure of approximately $29 to $32 per year per 

1307 employee, not including self-employed handlers (both commercial applicators and on family 

1308 farms) who benefit from some of the revisions.

1309

1310 The national incremental costs presented in this chapter are likely biased upwards for several 

1311 reasons. First, EPA has generally made conservative assumptions about the impact of individual 

1312 requirements, which together lead to overestimation of the costs. For example, we have assumed 

1313 that pesticide safety training occurs regardless of the use of pesticides. In fact, farms that do not 

1314 need to use pesticides because of low pest pressure do not need to provide safety training. We 

1315 have also assumed that workers are largely permanent and present on the farm throughout the 

1316 growing season. As a result, employers are assumed to notify most workers of all applications at 

1317 the time the application is made. In reality, many workers are employed temporarily for certain 

1318 peak activities, such as weeding, thinning, and harvesting. Employers will only need to notify 

1319 those workers of the relevant pesticide applications (recent applications to specific fields) and 

1320 can do so at the time of employment. Second, the costs are estimated assuming that all 

1321 requirements are applicable to nearly all employees of affected farms. In reality, WPS 

1322 requirements cover only farmworkers who engage in hand labor activities associated with crop 

1323 production and handlers who mix, load, and apply pesticides. EPA assumes that nearly two 

1324 million employees reported in the 2012 Census of Agriculture are covered, while USDA 

1325 estimates there are just over one million farmworkers, including 288,000 agricultural service 

1326 workers employed through labor contractors (ERS, 2014). The USDA estimate does not include 

1327 handlers. These assumptions bias the per-farm upwards, which are then multiplied by the 

1328 number of affected farms, which is also likely to be overestimated.

1329

1330 As a lower bound, EPA assumes that farms that primarily produce field crops, such as grains, 

1331 oilseeds, forage, and potatoes, are also largely mechanized, like the primarily livestock farms, 

1332 and will not employ workers who engage in hand labor activities, although they may employ 

1333 handlers. As a result, EPA estimates that there are about 182,000 farms employing 

1334 approximately 248,000 handlers and about 90,000 farms producing cotton, tobacco, vegetables, 

1335 and tree crops, along with nurseries and greenhouses, employing over 1.2 million workers, some 

1336 of whom would also be pesticide handlers. Given these figures, along with the number of 

1337 affected family farms and CPHEs, the total incremental cost of the WPS revisions is estimated to 

1338 be between $42.4 and $47.0 million per year. This estimate is still likely biased upward 

1339 somewhat. It maintains the relatively conservative assumptions about the impacts of individual 

1340 requirements at the farm level and likely includes many employees of crop farms that will not be 

1341 using hand labor in production.

1342

1343 If we estimate costs based on the 1,063,000 workers estimated by USDA rather than all 

1344 1,246,000 employees counted in the Census for farms producing cotton, tobacco, vegetables, and 

1345 tree crops along with nurseries and greenhouses, total incremental costs are estimated to be 

1346 between $41.5 and $45.8 million annually. It is not an unreasonable estimate. It maintains the 

1347 conservative assumptions about the individual requirements, especially since it includes an 

1348 estimated 288,000 workers employed through labor contractors. The farm may be responsible 

1349 for providing pesticide safety training for these workers, but most notification requirements 

1350 would not be applicable for workers who are on farm for only a few days.

1351
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33

1352 If all 466,000 crop-producing farms estimated to hire labor, and all 2.4 million employees, are 

1353 covered by the WPS because they engage in hand labor or handle pesticides, EPA estimates the 

1354 total incremental cost of the rule to be $72.6 to $81.0 million per year.

1355

1356 It should be noted that, as the scenarios focus on a smaller subset of farms subject to all WPS 

1357 provisions, the estimated per-farm impacts can vary. Fruit, nut, and vegetable farms, nurseries, 

1358 and greenhouses tend to employ more workers per farm than do livestock operations. In the 

1359 lower bound, large ‘handler only’ farms are estimated to incur impacts of $165 to $175 per year, 

1360 on average, while the large farms employing hand labor are estimated to bear additional cost of 

1361 $598 to $725 per year, on average, given the higher average number of workers. The estimated 

1362 incremental cost to small farms employing hand labor is $166 to $194 per year.

1363

1364 This Chapter is organized as follows. Section 3.1 provides an overview of the estimation. 

1365 Section 3.2 explains the methodology and data used to estimate the cost of the revisions. Section 

1366 3.3 presents the estimation of costs where Section 3.3.1 addresses the training component.

1367 Section 3.3.2 presents the costs of the final hazard communication requirements, Section 3.3.3 

1368 covers the notification components, Section 3.3.4 the cost of the minimum age, Section 3.3.5

1369 entry restrictions, Section 3.3.6 PPE requirements, and Section 3.3.7 addresses the requirements 

1370 for decontamination supplies. Section 3.3.8 provides additional details about the total estimated 

1371 cost of the rule. Section 3.4 then discusses the potential for impacts on employment and Section 

1372 3.5 presents the analysis of small business impacts. Section 3.6 discusses the resource 

1373 implications of the rule to the states, which have enforcement duties under FIFRA.

1374

1375 3.1 Overview

1376

1377 As discussed in Chapter 1 (Section 1.4), the revisions to the Worker Protection Standard (WPS) 

1378 will affect certain farms, nurseries, greenhouses, forestry operations, and commercial pesticide 

1379 handling establishments (CPHEs). The WPS covers employees who perform hand labor 

1380 activities associated with crop production on fields recently treated with pesticides and 

1381 employees who handle pesticides, that is, who perform activities such as mixing, loading and 

1382 applying pesticides. For simplicity, we use the term “WPS farm” to refer to farms, nurseries, and 

1383 greenhouses that have employees potentially covered by the WPS. Forestry operations are not 

1384 analyzed quantitatively; with the exception of tree nurseries, pesticide use patterns in forestry 

1385 operations will not typically trigger most WPS provisions such as training and notification. 

1386 Generally speaking, the revisions will require owners/operators of these establishments to devote 

1387 additional resources to actions meant to inform workers of the risks associated with pesticide 

1388 use, to protect workers from risks, or to mitigate effects in case of exposure, beyond those 

1389 required under the existing rule. EPA estimates the cost of these requirements in terms of the 

1390 value of the time and materials expended to comply. Most of the cost is in terms of time, not 

1391 direct out-of-pocket expenses.

1392

1393 In this analysis, EPA considers a number of different actors who may be required to allocate 

1394 their time or make expenditures. Some activities or expenditures are conducted by the 

1395 management of the WPS farm or CPHE. The nature of these activities may vary by certain 

1396 characteristics of the establishment, including its size and primary type of crop produced. Other 

1397 activities require time from employees, who are divided into two groups: workers and handlers. 
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34

1398 Workers are farm employees who engage in hand labor activities relating to the production of an 

1399 agricultural commodity, including crops, nursery material, ornamentals, and forestry products. 

1400 Hand labor activities include such tasks as harvesting, weeding, thinning, and trimming. 

1401 Handlers are those employees who work directly with pesticides, e.g., to mix, load, and/or apply 

1402 pesticides, and may be employed by WPS farms or by CPHEs. Note that WPS handlers may be 

1403 workers as well, as they will often engage in production activities that do not entail handling 

1404 pesticides. Whether an employee is considered a worker or a handler under the rule depends on 

1405 the nature of the activity in which they are engaged at a specific point in time.

1406

1407 3.2. Methodology and Data

1408

1409 To estimate the impact to the affected industries of the final regulatory enhancements to the 

1410 WPS, EPA established a regulatory baseline. Current federal requirements establish minimum 

1411 standards, but states, as well as other jurisdictions including Puerto Rico, tribes, and territories, 

1412 could have more stringent requirements than the current federal standards. Thus, the regulatory 

1413 baseline takes into account current state requirements rather than the federal requirements only. 

1414 To reduce the analytical complexity, EPA divided the jurisdictions into nine regions of the 

1415 country.

1416

1417 3.2.1 General Methodology

1418

1419 In general, requirements may impose costs at the level of the employer or establishment and/or at 

1420 the level of the employee. That is, there are some activities and/or materials that must be 

1421 conducted or provided by each establishment regardless of the number of employees; these costs 

1422 are somewhat analogous to ‘fixed costs’ of production. Other activities and/or materials may be 

1423 conducted by or provided for each employee and will vary by the number of workers or handlers 

1424 employed at each establishment. EPA’s approach is to estimate the average annual cost for each 

1425 affected actor of each potential requirement and extrapolate those costs to the regional level, 

1426 given the number of actors (establishments or employees). There are six basic steps.

1427

1428 Step 1. Calculate the state/regional level baseline cost of existing regulatory requirement:

1429

costr,i,a

B

t

= ∑wa∙ Hr,i,a,j

B

t

∙ freqt(j|i)

j

+ ∑cm ∙ Mr,i,a,m

B

t

∙ freqt(m|i)

m

1430

1431

where costr,i,a

B

1432 t is the expected annual cost of the current requirements r, in region i, for an actor, 

a, in time t; Hr,i,a,j

B

1433 t is the time required for activity j in time t under the current requirements; wa

1434 is the wage rate for the employee/employer category conducting the activity; freqt(j|i) is the 

annual frequency of activity j in time t given the region; Mr,i,a,m

P

1435 t is the quantity of material m

1436 needed in time t under the requirement; cm is the cost of material; and freqt (m|i) is the annual 

1437 frequency material m is required in time t given the region.

1438

1439 Revisions to the requirements of the WPS are assessed under seven elements. Three elements 

1440 deal with information provided by the employer: training, hazard communication, and 

1441 notification. Three elements focus directly on protecting workers: minimum age, protective 
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35

1442 equipment, and restrictions on entry into a treated area. The last element, decontamination 

1443 supplies and emergency assistance, addresses mitigating the effects of exposure in case of an 

1444 incident. However, revisions to the emergency assistance requirements are not expected to 

1445 impose additional costs and this element is not included in the cost analysis.

1446

1447 An actor may be an establishment, primarily a WPS farm and/or a CPHE, or an employee, e.g., a 

1448 pesticide handler or agricultural worker. For some requirements, EPA distinguishes subgroups 

1449 within an actor category, e.g., farms according to the size of the operation. Activities conducted 

1450 by the establishment include posting signs and keeping records. Activities occurring for each 

1451 employee include attending training and receiving information from the employer, that is, 

1452 activities for which an establishment incurs costs for every employee who is assigned that 

1453 activity. The probability weighting indicates the likelihood that any given actor will undertake 

1454 the activity in some year. For example, training is currently required every five years; thus, any 

1455 given employee might have about a 20 percent chance of taking a training, although various 

1456 factors make training more likely.

1457

1458 Step 2. Calculate the expected annual cost per actor of the revised regulatory requirement: 

1459

costr,a

F

t

= ∑wa∙ Hr,a,j

F

t

∙ freqt(j)

j

+ ∑cm ∙ Mr,a,m

F

t

∙ freqt(m)

m

1460

1461

1462 where variables are defined as above, with F denoting the requirement under the final rule. For 

1463 simplicity at this step, we do not have an index i, denoting a state or region. Current state 

1464 requirements can exceed federal requirements, however, and if current state requirements exceed 

1465 the potential federal requirements, they would remain in place. Thus, in Step 1, we generally 

restrict Hr,i,,a,j

B ≤ Hr,a,jF

and Mr,i,,a,m

B ≤ Mr,a,mF

1466 ; otherwise, the incremental cost would erroneously 

1467 imply a cost savings.

1468

1469 Step 3. Estimate regional level costs for the baseline and new requirements by multiplying per1470 actor costs by the number of affected actors in a region and summing across actors.

1471

RCr,i

B

t

= ∑costr,i,a

B

t

× Na,i

t

a

1472

1473

RCr,i

F

t

= ∑costr,a

F

t

× Na,i

t

a

1474

1475

where RCr,i

X

1476 denotes the cost of requirement r in region i for the baseline, B, and the new 

1477 requirement, F; and Na,i is the number of affected actors in a region. Note that the number of 

1478 affected actors, e.g., the number of pesticide handlers in a given region, may not be known and 

1479 has to be estimated. This is explained in the section on general data (Section 3.2.3). 

1480
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36

1481 We can also estimate the national level costs by summing across regions.

1482

NCr

X

t = ∑RCr,i

X

t

i

1483

1484

1485 Step 4. Estimate the present value of the cost stream. Present value is a measure of all future 

1486 costs, translated into the equivalent value if paid or received immediately. Translating costs to 

1487 present value allows different streams to be compared or aggregated. EPA calculates the present 

1488 value (PV) of regional costs over a ten-year time horizon.

1489

PV(RCr,i

X

) = ∑

RCr,i

X

t

(1 + ρ)

t−1

10

t=1

1490

1491

1492 where ρ is the discount rate and all other variables are as previously defined.

1493

1494 This step and the choice of time horizon are not particularly important as most of the per-actor 

1495 costs, especially baseline costs, will occur annually. However, some training requirements will 

1496 be phased in over time to allow for the development and dissemination of new material. We 

1497 utilize a discount rate of three percent, to represent the social discount rate, and seven percent, to 

1498 represent the private discount rate as suggest by the Office of Management and Budget (OMB, 

1499 2003). Similarly, the ten-year time horizon was chosen mainly to be consistent OMB’s preferred 

1500 time frame for analyzing the costs of regulation across federal agencies.

1501

1502 Again, the present value of national level costs is estimated as the sum of the regional costs.

1503

1504 Step 5. Estimate the incremental cost of the requirement in each region by subtracting the 

1505 regional baseline cost from the cost of the potential new requirement.

1506

PV(RICr,i) = PV(RCr,i

F

) − PV(RCr,i

B

1507 )

1508

1509 Where PV(RICr,i) is the present value of regional incremental costs of requirement r in region i. 

1510 The PV of national incremental cost, PV(NICr), is calculated the same way.

1511

1512 Step 6. Sum across protective categories to obtain the PV incremental cost for the final rule.

1513

PV(RICi

) = ∑PV(RICR,i)

R

1514

1515

1516 Again, this is done for national level cost, NIC, by summing across regions.

1517

1518 Step 7. Calculate the annualized incremental cost of the rule. The annualized figure represents 

1519 the constant cost that, over the time horizon, would result in the same present value as a variable 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

37

1520 cost stream. For example, the annualized incremental cost of the revisions at the national level, 

1521 AIC, is calculated as

1522

AIC = PV(NIC) ×

ρ ∙ (1 + ρ)

10

(1 + ρ)

10 − 1

1523

1524

1525 where all other variables are as previously defined. Dividing the annualized incremental cost by 

1526 the number of impacted entities provides a simple measure of the costs per establishment. A 

1527 more detailed examination of impacts on small entities is presented in Section 3.5.

1528

1529 A few of the potential requirements require some deviation from this general methodology. This 

1530 is explained in the following sections as we present the results.

1531

1532 3.2.2 Regional Groupings

1533

1534 Table 3.2-1 shows the representative states that were selected for the baseline analysis, as well as 

1535 the other jurisdictions they represent. The majority of the regions were defined by geographic 

1536 location and the nature of the agricultural production within these areas. For example, the South 

1537 region, represented by Arkansas, is based almost exclusively on the location of the states in this 

1538 region and the agricultural production found in this region with livestock, cotton, and tobacco 

1539 accounting for the highest value throughout the region. The regions represented by New York, 

1540 Washington, Iowa, Ohio and Colorado were constituted in the same way. The region 

1541 represented by Texas is based primarily on a similar dominant agricultural system, i.e., extensive 

1542 livestock production, rather than geographical continuity. EPA also considered similarities in 

1543 worker activities in constructing the regions. Florida and Hawaii, for example, were placed 

1544 together based on the nature of agricultural production in these two states, which is highlighted 

1545 by a variety of fruit and vegetable crops with relatively long production seasons due to the 

1546 warmer, subtropical climate, and the reliance on hand labor in agricultural production. 

1547 California is its own region due to the size and diversity of its agricultural production and the 

1548 state’s more stringent worker protection standards relative to the current federal standards and 

1549 other states’ requirements.

1550
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38

1551 Table 3.2-1. Jurisdictions Included in Regional Groups.

Region Representative State Other Jurisdictions

South Arkansas Alabama, Georgia, Louisiana, 

Mississippi, North Carolina, 

South Carolina, and Virginia

California California none

Southwest Colorado Arizona and New Mexico

Subtropical Florida Hawaii

Midwest Iowa Kansas, Oklahoma, Minnesota, 

Nebraska, North Dakota, and 

South Dakota

Northeast New York Connecticut, Delaware, Maine, 

Maryland, Massachusetts, 

Michigan, New Hampshire, 

New Jersey, Pennsylvania, 

Rhode Island, Vermont, and 

West Virginia

Ohio Valley Ohio Illinois, Indiana, Kentucky, 

Missouri, Tennessee, and 

Wisconsin

Texas and Mountain West Texas Montana, Nevada, Utah, and 

Wyoming

Northwest Washington Alaska, Idaho, and Oregon

1552

1553 Several non-state jurisdictions are covered by the WPS, including Puerto Rico, the Virgin 

1554 Islands, and several Pacific islands. These jurisdictions are not included in this analysis because 

1555 robust data on farms, workers, and pesticide use are not readily available. This implies some 

1556 undercounting of affected entities and an underestimate of the incremental costs, but the effect 

1557 will be negligible since the jurisdictions have small agricultural sectors relative to those in the 

1558 states.

1559

1560 EPA examined the worker protection requirements for each of the representative states to 

1561 establish the baseline for corresponding changes in the federal standards. The baseline is 

1562 applied to all states within the region. In fact, variation in worker protection standards could be 

1563 as great within a region as over the nation as a whole. However, the converse is also true; that is, 

1564 there is no reason to think that the variation in the national-level estimates of cost are greater 

1565 than the variation in regional-level estimates.

1566

1567 3.2.3 General Data

1568

1569 This section discusses the data that are commonly used throughout the analysis. Data that are 

1570 specific to individual requirements are discussed in conjunction with the requirement.

1571

1572 For Steps 1 and 2, the data required for the analysis consist of the time and materials needed to 

1573 meet current and potential requirements and the probability or frequency with which they will be 

1574 needed. These are examined more fully in the following sections that discuss each requirement. 

1575 The other component of the per-actor costs are the prices associated with time and material. The 
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39

1576 wage rates for the various actors are used frequently in the analysis and are discussed below. 

1577 Extrapolating to the regional and national level (Step 3) requires data on the number of actors in 

1578 each category, which includes the establishment meeting the requirement or the employees to 

1579 which the requirement applies. Finally, as EPA projects costs forward into time (Step 4), we 

1580 need to take into account changes in the agricultural sector. Most of the time and materials 

1581 needed to comply with current and potential requirements reoccur on an annual basis. Changes 

1582 in the agricultural sector may be important, however, particularly the changes in the number of 

1583 farms and workers. In this section, we will discuss the data and assumptions that describe the 

1584 establishments and employees, including both numbers and wages, and changes in each over 

1585 time.

1586

1587 Establishments, Farms

1588

1589 The WPS applies to those farms that use pesticides in the commercial production of agricultural 

1590 plants on farms, forests, nurseries, and greenhouses and employ labor, specifically workers 

1591 engaged in hand labor activities or handlers working directly with pesticides. Although many 

1592 livestock operations utilize pesticides, especially insecticides, such use is not covered by the 

1593 WPS. According to the 2012 Census of Agriculture (NASS, 2014), there are over 2.1 million 

1594 ranches, farms, nurseries, and greenhouses in the United States. Over 1.5 million grow crops, 

1595 including nursery and greenhouse production. Almost one million of them reported using 

1596 pesticides and about 566,000 hired labor at some time during the year. However, publicly 

1597 available data from the 2012 Census do not report the subset of farms that grow crops, use 

1598 pesticides, and hire labor. Moreover, publicly available data by economic category do not 

1599 correspond to that used by the Small Business Administration (SBA) to define small businesses.

1600

1601 Previously, the U.S. Department of Agriculture, National Agricultural Statistics Service (NASS) 

1602 conducted a special tabulation of data in the 2007 Census of Agriculture at EPA’s request to 

1603 identify the number of the operations that meet all the criteria for the WPS to apply (NASS, 

1604 2008). In 2007, there were 2.2 million farms of which 482,000 hired labor. Of those, 395,000 

1605 produced crops of which 304,000 used pesticides. In the analysis of the proposed WPS 

1606 revisions, EPA identified all 395,000 farms, nurseries, and greenhouses that hired labor and 

1607 produced crops as those subject to WPS provisions, especially the requirements that workers 

1608 receive pesticide safety training. Most other provisions, such as notifications of pesticide 

1609 applications, apply only to the 304,000 WPS farms that used pesticides. We assumed that any of 

1610 the WPS farms might use pesticides at some time in the future, estimating that the probability of 

1611 using pesticides in any year as the proportion of WPS farms using pesticides in 2007 to the total 

1612 number of WPS farms. These data were available across farms of different production types and 

1613 economic categories, in particular, by categories that follow the distinction between small and 

1614 large entities as defined by the SBA. This is explained more fully in Section 3.5, the analysis of 

1615 small business impacts.

1616

1617 In order to estimate the number of WPS farms across economic categories and production types 

1618 for this analysis of the final WPS rule, we rely on publicly available data from the 2012 Census 

1619 and the observed proportions of farms in 2007. The methodology is described in Appendix A. 

1620 EPA estimates that there are 465,766 crop-producing farms that hire labor, of which 354,220 use 

1621 pesticides. This is likely to be a substantial overestimate, however, because many farms 
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40

1622 included in this figure will not be employing labor in tasks covered by the WPS, that is pesticide 

1623 handlers or fieldworkers who engage in hand labor activities. They will produce field and forage 

1624 crops that are highly mechanized. Hand labor activities will mostly occur in the production of 

1625 nuts, fruits, and vegetables and in nurseries and greenhouses. EPA estimates that 89,909 farms 

1626 fall into these categories, based on the primary source of revenue. U.S. farms frequently engage 

1627 in diverse types of production, however, so many other farms might produce such crops, even if 

1628 the primary activity is highly mechanized like the production of oilseeds and/or grains. 

1629 Therefore, EPA’s primary estimate includes all farms where the primary activity is a type of crop 

1630 production, a total of 312,568. Another 62,226 farms where the primary activity is a type of 

1631 livestock production are estimated to employ pesticide handlers, but not fieldworkers. This 

1632 provides a total of 374,794 farms covered by the provisions of the WPS, or “WPS farms.”

1633

1634 Table 3.2-2 presents the number of farms hiring labor, by state, and their distribution across the 

1635 regions EPA identified for this analysis, obtained from the 2012 Census of Agriculture (NASS, 

1636 2014). The number of WPS farms and those using pesticides are assumed to be distributed 

1637 across regions in the same proportion as all farms that hire labor.

1638

Table 3.2-2. WPS Farms, by region1 1639 .

Region Farms Hiring 

Labor

Crop 

Producing 

Farms Hiring 

Labor

WPS Farms

with 

Fieldworkers

WPS Farms 

with

Handlers Only

United States 566,469 466,295 312,565 62,226

South 86,646 71,343 47,822 9,521

California 33,955 27,978 18,754 3,734

Southwest 19,339 15,854 10,627 2,116

Subtropical 15,268 12,590 8,439 1,680

Midwest 122,128 100,720 67,514 13,441

Northeast 60,016 49,427 33,132 6,596

Ohio Valley 125,897 103,517 69,389 13,814

Texas/Mountain 

West 72,585 59,686 40,008 7,965

Northwest 30,635 25,180 16,879 3,360

1640 Source: NASS, 2014; EPA estimation (see Appendix A)

1

1641 Farms include nurseries and greenhouses as well as livestock operations that also produce crops.

1642

1643 Farms that do not hire labor but use pesticides may be covered by the WPS as well because the 

1644 definition of handler includes any self-employed person who mixes, loads, or applies pesticides. 

1645 However, these farms will generally not be affected by the final revisions because there is an 

1646 exemption from many WPS requirements for the owner/operator of the farm and his or her 

1647 immediate family members. At the same time, coverage by the WPS provides family farms with 

1648 some exemptions to pesticide label requirements, e.g., the ability to substitute a closed delivery 

1649 system for PPE. Thus, any changes to the exemptions afforded by the WPS could affect all 

1650 farms applying pesticides. EPA estimates that about 568,000 crop-producing farms that use 

1651 pesticides but do not hire workers or handlers; rather, immediate family members supply labor 

1652 for these activities.
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41

1653

1654 Table 3.2-3 presents a breakdown of WPS establishments according to farm size, which bears on 

1655 the impacts of many of the requirements. For example, smaller farms are less likely to employ a 

1656 pesticide handler. Instead, the owner/operator is likely to be the applicator or he/she will use a 

1657 commercial applicator. The split between large farms, those with annual gross revenue greater 

1658 than $750,000, and the small farm categories, corresponds to the definition under the Small 

1659 Business Administration guidelines (CFR, 2013). EPA further subdivides the small farm 

1660 category into three groups: small-small farms with annual gross revenue less than $10,000, 

1661 medium-small farms with annual gross revenue between $10,000 and $100,000, and large-small 

1662 farms with annual gross revenue between $100,000 and $750,000. Feedlot operations, some of 

1663 which produce crops, are considered small if annual gross revenue is less than $2.5 million 

1664 (CFR, 2013). Subdivisions of small feedlots are small-small, with annual gross revenue less than 

1665 $50,000; medium small, with annual gross revenue between $50,000 and $500,000, and large1666 small, with annual gross revenue between $500,000 and $2.5 million. These distinctions 

1667 correlate to the number and type of employees and permit better estimation of regulatory 

1668 impacts. They also correlate to pesticide use. Around 90 percent of large and large-small WPS 

1669 farms used pesticides in 2007, while just over 50 percent of small-small farms did. Seventy-four 

1670 percent of medium-small farms used pesticides.

1671

1672 Table 3.2-3. Number of WPS Establishments, by size category, 2012.

Region WPS 

Farms

SmallSmall 1MediumSmall 2LargeSmall 3Large 4

South 57,343 10,850 12,652 21,688 12,153

California 22,488 4,255 4,961 8,505 4,766

Southwest 12,746 2,411 2,811 4,820 2,701

Subtropical 10,119 1,915 2,233 3,827 2,145

Midwest 80,956 15,318 17,861 30,619 17,158

Northeast 39,728 7,517 8,765 15,026 8,420

Ohio Valley 83,204 15,744 18,357 31,469 17,634

Texas/Mountain West 47,974 9,077 10,584 18,144 10,168

Northwest 20,239 3,830 4,465 7,655 4,289

U.S. 374,794 70,917 82,690 141,753 79,434

1673 Source: EPA estimation (see Appendix A). Establishments distributed across regions according to 

1674 distribution of all farms that hire labor.

1

1675 Farms with annual revenue less than $10,000 and feedlots with annual revenue less than $50,000.

2

1676 Farms with annual revenue greater than $10,000 and less than $100,000 and feedlots with annual 

1677 revenue between $50,000 and $500,000.

3

1678 Farms with annual revenue between $100,000 and 750,000 and feedlots with annual revenue between 

1679 $500,000 and $2.5 million. Includes 39,469 farms employing handlers, but not fieldworkers.

4

1680 Farms with annual revenue greater than $750,000 and feedlots with annual revenue greater than $2.5 

1681 million. Includes 22,757 farms employing handlers, but not fieldworkers.

1682

1683 Establishments, Commercial Pesticide Handlers

1684

1685 In order to determine the number of CPHEs, EPA obtained a report from Hoover’s of Dun & 

1686 Bradstreet (D&B, 2014) database to identify firms under the North American Industrial 
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42

1687 Classification System (NAICS) code 115112, for soil preparation, planting, and cultivating. This 

1688 search resulted in 5,079 firms. Within this group, we identified firms listed under the Standard 

1689 Industrial Classification (SIC) code descriptions for weed control services (before and after 

1690 planting), crop dusting services, soil chemical treatment services, crop spraying services, crop 

1691 thinning services (chemical), and crop disease control services. Within these categories, there 

1692 were 1,936 firms. We assume that these firms are distributed across states and regions in the 

1693 same proportions as farms that use pesticides (NASS, 2014).

1694

1695 EPA also considered the number of commercial applicators. According to data submitted to 

1696 EPA under the applicator certification program, between 2008 and 2013, an average of 89,564 

1697 commercial applicators have been certified or maintained certification in agriculture, plant 

1698 protection (CPARD, 2014). Given data on employment of handlers (detailed below), we 

1699 estimate 1,936 establishments account for 16,256 commercial applicators leaving 73,338. At the 

1700 extreme, all these commercial applicators could be self-employed. More likely, many are part of 

1701 small operations not identified by Dun & Bradstreet. EPA assumes that one-fourth of these 

1702 applicators are self-employed and the remaining applicators are part of operations with an 

1703 average of 2.5 commercial applicators, including the owner of the establishment. As shown in 

1704 Table 3.2-4, this implies that there are 40,336 small CPHEs in addition to those identified by 

1705 Dun & Bradstreet. These firms are distributed across the regions based on the number of 

1706 commercial applicators certified in each state as shown in Table 3.2-4 (CPARD, 2014).

1707

1708 Table 3.2-4. Estimated number of CPHEs, by region.

Region CPHE

(NAICS 115112)

CPHE

(commercial 

applicator)

South 281 2,240

California 87 2,508

Southwest 45 1,069

Subtropical 50 506

Midwest 470 17,021

Northeast 184 2,011

Ohio Valley 488 5,720

Texas/Mountain West 238 2,943

Northwest 93 6,317

U.S. 1,936 40,336

1709 Source: EPA estimates based on D&B (2014); CPARD (2014).

1710

1711 Establishments, Wage Rates

1712

1713 The value of the owner/operator’s time is important in the estimation of the cost of most 

requirements. According to the Bureau of Labor Statistics (BLS, 2014b), managerial wages11714 for 

1715 farm establishments are $22.86 per hour. The full value of time would also include the value of 

1716 benefits received, such as insurance. BLS reports on wages and other compensation suggest that 

1717 benefits comprise an additional 46 percent of wages across the civilian labor force (BLS, 2014b). 

 

1 Farming, fishing, and forestry workers, occupational code 45-1011.
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43

1718 EPA, therefore, calculates a loaded wage rate of $33.44 per hour as the full value of time. For 

1719 managers in a commercial pesticide handling establishments, BLS (2014b) reports the average 

unloaded wage rate of $22.32 per hour21720 . Using the same rate for benefits as for farm 

1721 establishments, the loaded wage rate for this category is $32.65 per hour.

1722

1723 Employees, Workers

1724

1725 Table 3.2-5 presents the estimated number of employees on crop farms and livestock operations 

1726 with crops and the share of workers in each region, based on the number of employees reported 

1727 in the 2012 Census of Agriculture (NASS, 2014). The estimation procedure follows that for the 

1728 number of farms and is explained in detail in Appendix A. Including all crop-producing farms 

1729 that hire labor in the category of farms covered by the WPS would imply over 2.4 million 

1730 employees. This is likely to be a significant overestimation for a number of reasons. First, the 

1731 Census is conducted at the establishment level. If a person is employed on multiple 

1732 establishments over the course of the year, he or she will be counted by each establishment. 

1733 Second, the WPS only covers workers engaged in hand labor activities while the number of 

1734 employees reported in the Census covers all activities, including activities associated with 

1735 mechanized production as well as activities not directly related to production. USDA estimates 

1736 less than 1.1 million field workers, including those working through labor contractors (ERS, 

1737 2014). EPA estimates that about 1.2 million workers are employed on nut, fruit and vegetable 

1738 farms and nurseries and greenhouses, based on Census data, which may be a more reasonable 

1739 approximation of the number of workers covered by the WPS. For the primary estimate of costs, 

1740 EPA includes all employees of farms that are primarily producing crops, which includes over 1.9 

1741 million people. While about 76 percent of farms that hire labor use pesticides, 87 percent of 

1742 labor is employed on farms that use pesticides. As with the crop farms, the number of workers at 

1743 the national level is from a special tabulation by NASS from the 2007 Census of Agriculture 

1744 (NASS, 2008). Regional numbers for labor on farms by size are estimated by distributing the 

1745 total number of employees in the same proportion as all farm workers.

1746

1747 Table 3.2-5. Workers on Crop Farms.

Region Farm Labor Labor, CropProducing Farms

Labor,

Farms with 

Fieldworkers

United States 2,736,417 2,407,056 1,910,055

South 324,118 276,081 225,386

California 465,422 424,096 324,709

Southwest 89,245 77,176 63,032

Subtropical 119,684 106,441 84,042

Midwest 366,584 324,157 255,947

Northeast 324,627 284,554 227,297

Ohio Valley 422,620 363,514 294,148

Texas/Mountain West 218,974 183,815 152,804

Northwest 405,143 367,222 282,688

1748 Source: 2007 Census of Agriculture (NASS, 2008)

 

2 First-line supervisors of building and grounds cleaning and maintenance workers, occupational code 37-1010.
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

44

1749

1750 Employees, Pesticide Handlers

1751

1752 The number of pesticide handlers on WPS farms is unknown. EPA assumes that, on average, 

1753 large WPS farms (annual revenue greater than $750,000) employ two individuals who handle 

1754 pesticides and large-small WPS farms (annual revenue between $100,000 and $750,000) employ 

1755 one individual who handles pesticides. For the two smallest categories of WPS farms, EPA 

1756 assumes the owner/operator is the sole pesticide handler. Thus, EPA estimates that there are a 

1757 total of 300,621 pesticide handlers working on crop-producing farms. The distribution of 

1758 handlers across regions follows from the distribution of farms, as in Table 3.2-2, not of workers 

1759 as in Table 3.3-5. Pesticide handlers may represent a subset of WPS workers, not a distinct 

1760 group. It is unlikely that an on-farm handler would be occupied full time with pesticide handling 

1761 tasks and will, therefore, likely perform other production-related tasks, although not necessarily 

1762 hand labor activities. For this analysis, EPA estimates that 217,656 handlers also engage in 

1763 worker activities and are also included in the number of workers presented in Table 3.2-5.

1764

1765 Data from the May 2013 National Industry-Specific Occupational Employment and Wage 

1766 Estimates from the BLS OES data series are used to determine the total number of handlers 

1767 employed by commercial pesticide handling establishments (BLS, 2014a). The number of 

1768 handlers employed by commercial pesticide handling establishments (14,320 in total) is 

1769 estimated as the sum of employees with the SOC code 45-2091(Agricultural Equipment 

1770 Operators) or 37-3012 (Pesticide Handlers, Sprayers, and Applicators, Vegetation) that work for 

1771 a firm with NAICS code 115100 (Support activities for crop production). Regional numbers are 

1772 estimated using the proportion of all farms using pesticides, including farms that do not hire 

1773 labor.

1774

1775 In addition to handlers identified in the BLS data, EPA has information on the number of 

1776 commercial applicators certified in crop protection, by state (CPARD, 2014). These handlers are 

1777 assumed to be self-employed or part of a small firm not listed in proprietary databases.

1778

1779 Table 3.2-6 presents the number of pesticide handlers employed on WPS farms, the number of 

1780 handlers employed at CPHEs, and other commercial applicators. All WPS farms are likely to 

1781 use commercial applicators for some applications.

1782
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45

1783 Table 3.2-6. WPS Agricultural Workers and Handlers and CPHE handlers.

Region Handlers

WPS farms 1

Handlers

CPHEs 2

Handlers

CPHEs,

certified applicators

South 45,995 2,076 4,072

California 18,037 644 4,559

Southwest 10,221 329 1,944

Subtropical 8,117 372 920

Midwest 64,934 3,480 30,948

Northeast 31,866 1,360 3,658

Ohio Valley 66,738 3,609 10,400

Texas/Mountain West 38,479 1,761 5,351

Northwest 16,234 687 11,486

U.S. 300,621 14,320 73,338

1784 Source: EPA estimates based on NASS (2008b, 2014); BLS, 2014a; CPARD (2014).

1

1785 Number of WPS handlers calculated assuming that, on average, there are two handlers per large WPS 

1786 establishment and one handler per large-small WPS establishment, not including the employer. 

1787 Includes 217,656 handlers on farms that employ fieldworkers, which are included among workers in 

1788 Table 3.2-5.

2

1789 Handlers distributed across regions using distribution of all farms that use pesticides.

1790

1791 Employees, Wages

1792

1793 The average wage rate for farmworkers and laborers in crops, nurseries, and greenhouses

1794 reported in the May 2013 occupational employment statistics is $10.01 per hour (BLS, 2014b). 

1795 Non-wage benefits may be quite limited for this sector of the workforce; a recent report (DoL, 

1796 2011-2012) found that only 21 percent of farmworkers had access to employer-provided health 

1797 insurance, for example. However, without more specific data, EPA assumes that benefits are 

1798 similar to the rest of the civilian population at about 46 percent of wages. The loaded wage rate 

1799 for workers is therefore estimated to be $14.64 per hour.

1800

1801 Handlers represent a more skilled set of workers, which we represent by using the wage rate for 

1802 agricultural equipment operators, at $13.70 per hour (BLS, 2014b). The loaded wage rate for 

1803 WPS handlers, therefore, is $20.04 per hour. Wages for commercial handlers is reported to be 

1804 $15.90 per hour, which implies a loaded wage rate of $23.26.

1805

1806 Future time periods

1807

1808 To project costs into the future, EPA must take into consideration any changes over time. EPA 

1809 calculates the present value (PV) of regional baseline and new regulatory costs as shown in Step 

1810 4 above. Thus, the calculation is:

1811

PV(RCr

X

) = ∑

∑ costr,a

X

t

a × Nat

(1 + ρ)

t−1

10

t=1

1812
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46

1813

1814 where ρ is the discount rate and all other variables are as defined as above. Some indices are 

1815 suppressed for clarity.

1816

1817 In general, the per-actor costs are constant through time, particularly for the baseline. However, 

1818 the number of actors could change as farms consolidate, production becomes more mechanized, 

1819 and if growers increasingly rely on commercial pest control services. Data, however, do not 

1820 support the hypothesis of large changes. The number of farms has remained steady and an 

1821 analysis of data by USDA (ERS, 2014) indicates that the number of farm workers has been 

1822 largely unchanged since 2007, at least. After a period where the number of commercial entities 

1823 increased in the early 2000’s, there appears to have been a recent decline. Such fluctuations do 

1824 not suggest a long-term trend, however. Therefore, EPA assumes the number of actors will 

1825 remain more or less constant in the future.

1826

1827 As a result, we can simplify the equation for PV into components for each actor.

1828

PV(RCr

X

) = costr,a

X

∙ Na0∙ ∑

1

(1 + ρ)

t−1

10

t=1

1829

1830

1831 That is, in most cases, we have the cost by actor at the regional level, multiplied by a value that 

1832 reflects the cumulative effect of discount rate, which can then be summed across actors. This 

1833 value is approximately 8.79 for a three percent discount rate and 7.52 for a seven percent 

1834 discount rate.

1835

1836 This completes the discussion of the general data used in the analysis. As mentioned above, the 

1837 data that are specific to individual requirements are discussed in conjunction with the potential 

1838 requirement. The discussion of the potential requirements begins in the next section with 

1839 training, followed by notification, age, entry, personal protective equipment, emergency response 

1840 and decontamination supplies.

1841

1842 3.3 Cost of Final Requirements

1843

1844 This section presents the estimation and results of the cost analysis. We estimate cost under 

1845 different components in order to account for interactions between specific requirements. For 

1846 example, under pesticide safety training, EPA will require employers to cover additional 

1847 material, which will result in longer training sessions, and will require annual training, which 

1848 will result in more frequent sessions. There are essentially no cost interactions between 

1849 components, so estimated incremental costs of each component can be summed to estimate the 

1850 total incremental cost of the final revisions. Section 3.3.1 covers the Pesticide Safety Training 

1851 component in some detail. The results of other components are presented in more summary 

1852 fashion in Section 3.3.2, Hazard Communication; Section 3.3.3, Notification; Section 3.3.4, 

1853 Minimum Age; Section 3.3.5, Entry Restrictions; Section 3.3.6, Personal Protective Equipment; 

1854 and Section 3.3.7, Decontamination Supplies. Details of the estimation for these components 

1855 can be found in Appendix B. Section 3.3.9 then sums the components and presents the total cost 

1856 of the final rule.
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47

1857

1858 3.3.1 Pesticide Safety Training

1859

1860 Training requirements impose costs on WPS farms in the form of providing training, potentially 

1861 hiring trainers, and incurring the opportunity cost of labor during the time workers and/or

1862 handlers are receiving the training. CPHEs incur costs for handler training.

1863

1864 We assume that all farms hiring farmworkers and/or handlers conduct training sessions even if 

1865 over the course of the production season they find they do not need to make pesticide 

1866 applications. Otherwise, any untrained employees, especially handlers, would have to be trained 

1867 prior to an application, which could delay treatment. Alternatively, the pesticide application 

1868 could be made and untrained employees would not be allowed to work in and around treated 

1869 areas until they receive training, which might negatively affect farm activities. However, if 

1870 employees can be brought into compliance with little or no delay of pesticide treatments or other 

1871 farm activities, WPS farms may find it more cost-effective to forego training until a pesticide 

1872 application is needed. Thus, EPA’s estimates of the cost of training requirements are likely 

1873 biased upward, although any bias in the incremental cost is uncertain.

1874

1875 Currently, pesticide safety training must be provided to all farmworkers before they enter an area 

1876 that has been treated with a pesticide or been under an REI within 30 days. There is a ‘grace 

1877 period’ of five days, however, if full training cannot be provided before the first entry into this 

1878 area; employers must still provide an abbreviated training consisting of basic safety information. 

1879 Workers must receive the safety training at least every five years. The training covers specified 

1880 topics including how pesticide exposure can occur, basic hazards and symptoms, washing and 

1881 other forms of decontamination and first aid, and the protections workers can expect under the 

1882 WPS. Trainings can be conducted by people with certain credentials as well as certified 

1883 applicators and co-workers who have received WPS handler training. The WPS does not 

1884 currently require that trainers provide workers with a record of their training, but EPA and 

1885 several states have run a voluntary program to issue training verification cards to workers. The 

1886 goal of the program is to provide workers with a means of showing future employers that they 

1887 have met the training requirement.

1888

1889 The specific changes to the worker training requirements consist of (1) the elimination of the 

1890 grace period before training; (2) annual worker training; (3), expanded worker training content to 

1891 cover additional topics, most notably emphasizing the potential for pesticide residues to be 

1892 transported home on clothing, shoes and other items; (4) trainers must have certain credentials or 

1893 be a certified applicator, but not someone who has only received WPS handler training; and (5) a 

1894 record-keeping requirement, a copy of which must be provided to a worker upon request, which 

1895 can then be used to show other employers that he or she has met the training requirements.

1896

1897 Handler safety training is similar in many respects. Currently, training must be provided before 

1898 an employee can mix, load, or apply pesticides and must be provided at least every five years. 

1899 The training covers the same topics as worker safety training as well as topics such as reading 

1900 and understanding a pesticide label and use of PPE. As with worker safety training, records are 

1901 not required but there has been a voluntary program to issue training verification cards. Changes 

1902 to the handler safety training requirements consist of (1) annual training; (2) expanded training 
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48

1903 content to cover additional topics, most notably emphasizing the potential for pesticide residues 

1904 to be transported home on clothing; and (3) a record-keeping requirement, a copy of which must 

1905 be provided to a worker upon request, which can then be used to show other employers that he or 

1906 she has met the training requirements.

1907

1908 Step 1. Calculate Baseline Costs

1909 Action is required by two actors, the WPS farm, which provides or arranges the training, and the 

1910 workers and handlers, who take the training. We consider these actors separately, although we 

1911 assume the WPS farm incurs the training costs and implicitly pays the worker/handler to take the 

1912 training at the same wage he or she earns doing field work. However, some workers may bear 

1913 the opportunity cost of taking the training. Workers who are hired to harvest fruits and 

1914 vegetables are often paid by the quantity harvested; thus, time spent in training is time they are 

1915 not earning pay.

1916

1917 Following the methodology described in Section 3.2.1, the expected opportunity cost per worker 

1918 is simply the wage rate multiplied by duration of the training and multiplied by the probability 

1919 that a worker takes the training. There are no differences across states or regions. Thus, for each 

1920 WPS farm, the cost is

1921

costr,a

B

t

= ∑wj∙ Hr,aj

B

t

∙ Probt(j)

j

1922

1923

1924 As described in Section 3.2.3, the average worker wage rate is $14.64 per hour including 

1925 benefits. Based on EPA observations of trainings and the length of training videos, EPA 

1926 assumes that a full training currently takes about 30 minutes. In the baseline, EPA estimates that 

1927 49.0 percent of workers are trained each year. This percentage is derived as follows.

1928

1929 Specific data on retention and/or new hiring are not available; however, a report from the 

1930 National Agricultural Workers Survey (NAWS), 2001-2002 (DoL, 2005) indicates that 16 

1931 percent of the agricultural workforce is comprised of foreign-born newcomers. While this 

1932 underestimates the true turnover rate in agriculture, EPA uses it as the new hire rate. A

1933 sensitivity analysis conducted for the proposed rule indicates that the incremental cost is not 

1934 sensitive to this parameter.

1935

1936 This leaves 84 percent of the total number of workers returning each year. Current standards 

1937 require that workers receive the training every five years, thus 20 percent of the returning 

1938 workforce will need to take the full training in any given year. According to the NAWS (DoL, 

1939 2005), however, less than 25 percent of workers had been with their current employer for more 

1940 than five years. Most workers will receive safety training if they change employers because the 

1941 voluntary training verification cards provided in some states are not well accepted by employers 

1942 as sufficient proof of training. In addition, there will likely be other workers that receive training 

1943 even though they are within the five-year period because they don’t remember when they last 

1944 took the training or because it is convenient for the employer to train workers simultaneously. In 

1945 the absence of specific data, EPA assumes 40 percent of the returning workforce will take the 

1946 full training for one reason or another. Forty percent of the returning workforce implies a 

1947 calculated 33.6 percent of the workforce in need of training, which, along with the new hires at 
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49

1948 16 percent, gives us 49.6 percent of the workforce potentially in need of training. Note that some

1949 workers may receive multiple trainings if they switch employers during the year and about 28 

1950 percent of the workforce indicated multiple employers over the previous 12 months in the 2001-

1951 2002 NAWS (DoL, 2005). EPA does not account for any additional costs associated with the 

1952 worker’s time in multiple training sessions, which would lead to an underestimation of the 

1953 baseline costs of worker training and, potentially, an overestimation of the incremental costs of 

1954 the final rule.

1955

1956 Some small portion of the workforce may work less than six days and thus could receive an 

1957 abbreviated training, but not a full training. Based on quarterly Farm Labor Reports from 

1958 January 2012 to April 2014, EPA estimates that 24 percent of the agricultural workforce, 

1959 including both new and returning workers, are part-time employees who work less than 150 

1960 days. EPA assumes that five percent of these part-time employees, or about 1.2 percent of the 

1961 workforce, do not receive training because they are employed for less than six days. Thus, 98.8

1962 percent of the first time and returning workers in need of training will take the full training, or 

1963 49.0 percent of the total workforce.

1964

1965 Note that the untrained portion of the workforce is relatively small, about 1.2 percent. However, 

1966 this suggests that up to 23,000 farm workers each year do not receive pesticide safety training 

1967 when they are hired or within five years of a previous training.

1968

1969 Table 3.3-1 presents the per-worker cost of training under current requirements, including the 

1970 per-worker cost for establishments of abbreviated trainings. An abbreviated training is assumed 

1971 to take about three minutes or 0.05 hours, on average. As noted above, EPA estimates 1.2

1972 percent of the workforce will receive the abbreviated training only. We further assume that 25 

1973 percent of new hires receive an abbreviated training in lieu of immediately attending a full 

1974 training session, most of whom will then receive the full training within six days. Together, this 

1975 suggests that approximately 5.2 percent of workers will receive an abbreviated training each 

1976 year. Finally, abbreviated trainings are assumed to be delivered individually, requiring three 

1977 minutes of time by the trainer, who would likely be the establishment operator, whose time is 

1978 valued at $33.44 per hour as explained in Section 3.3.2. In total, the expected cost per worker is 

1979 estimated to be $3.71 per year. The California baseline is estimated to be $5.51 per year, since 

1980 the state requires the safety training to cover material similar to what will be required with these 

1981 revisions and the training is likely to last an additional 15 minutes.

1982
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50

1983 Table 3.3-1. Per-Worker Baseline Costs.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j

annual 

frequency

freq (j|i)

cost

Full Training Session $14.64/hr 0.5 hour 0.490 $ 3.59

Abbreviated Training 

Session $14.64/hr 0.05 hour 0.052 $ 0.04

Trainer for Abbreviated 

Session $33.44/hr 0.05 hour 0.052 $ 0.09

Expected Cost (costr,a

B) $ 3.71

1984 Source: EPA estimation. See text for assumptions and data sources.

1985

1986 The expected opportunity cost for a handler is estimated in a similar manner. The wages for 

1987 handlers are $20.04/hour for on-farm employees and $23.26/hour for commercial handlers. 

1988 Handler safety training covers more material than worker safety and is expected to take about 45 

1989 minutes. We assume the new hire rate for workers is reflective of handler turnover as well, 

1990 indicating that 16 percent of handlers will be newly trained each year. Since training must occur 

1991 every five years thereafter, we assume that 20 percent of the remaining 84 percent of handlers, or 

1992 16.8 percent of all handlers, are trained each year as well. Thus, 32.8 percent of handlers are 

1993 trained each year at an expected cost per handler of $4.93 per year on-farm and $5.72 per year in 

1994 CPHEs.

1995

1996 Regarding the provision of training, the cost is essentially the cost of providing a trainer. We do 

1997 not include material costs as there are none specifically required under the requirements, 

1998 although various aides such as DVDs are available. Thus, for each WPS farm, the cost for 

1999 worker training is

2000

costr,a

B

t

= ∑wj∙ Hr,aj

B

t

∙ freqt(j|a)

j

2001

2002

2003 where j, in this case, is the type of trainer hired to conduct the training and the frequency or 

2004 probability of holding a training will vary across different farms. There are four types of trainers 

2005 are eligible to conduct worker safety training, each of which may be paid at a different wage rate. 

2006 Table 3.3-1 presents this estimation. The four groups of trainers are: (1) trainers of handlers and 

2007 certified applicators, paid $47.18 per hour and assumed to lead 14 percent of trainings; (2) 

2008 individuals who have completed a train the trainer program, also paid $47.18 per hour and 

2009 account for ten percent of trainings; (3) certified applicators, paid $33.44 per hour, lead 75 

2010 percent of trainings; and (4) handlers, paid $20.04 per hour and assumed to lead one percent of 

2011 trainings. Wage rates are loaded as explained in Section 3.3.2. The wage for handler trainers is 

2012 that for occupational health and safety specialists, 29-9010 (BLS, 2014b). The probabilities that 

2013 each category conducts a training are based on EPA’s discussions with trainers, extension agents, 

2014 and employers who indicate that certified applicators, who may be the owner/operator of the 

2015 farm, conduct the majority of sessions and that handlers rarely conduct a training.

2016

2017 Given the data on numbers of farms and farm workers (Tables 3.2-3 and 3.2-5), there are, on 

2018 average, 17.9 workers per large WPS farm (those with more than $750,000 in annual sales) and 
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51

2019 3.5 workers per small WPS farm. With a five-year training cycle, an average of four workers to 

2020 less than one worker per large and small farm would need to be trained every year. This number 

2021 could easily be accommodated with a single session. However, the average worker per farm 

2022 masks considerable variability across farms with different production systems. For example, 

2023 large WPS farms that primarily produce grains and oilseeds employ less than five workers, on 

2024 average, while small WPS farms producing fruits, nuts, and vegetables employ an average of 15 

2025 workers. EPA assumes that small farms with fewer than ten workers are likely to hold 0.7 

2026 training sessions each year on average and small farms with more than ten workers hold an 

2027 average of 2.2 training session per year; EPA estimates that there are 17,598 small WPS farms 

2028 with more than ten workers out of 255,891 small WPS farms hiring farmworkers, implying a 

2029 weighted average of 0.81 training sessions per year. EPA assumes that large farms with fewer 

2030 than ten workers will hold 0.9 sessions per year and large farms with more than ten workers hold 

2031 4.5 session per year. We estimate that there are 40,224 large WPS farms with fewer than ten 

2032 workers and 16,454 large farms with more than ten workers for a weighted average of 1.95

2033 training sessions per year.

2034

2035 Table 3.3-2 presents the expected baseline cost for worker pesticide safety training for large 

2036 WPS farms, given the hourly cost for a trainer, the time for a session, and the probability of a 

2037 training being led by a particular type of trainer. The probability is simply the overall probability 

2038 of using a type of trainer multiplied by the average number of sessions per year. For large WPS 

2039 farms, averaging 1.95 training sessions per year, the average annual cost for worker pesticide 

2040 safety training is $35.60. For a small WPS farm, holding 0.81 training sessions per year on 

2041 average, the cost is estimated to be $14.75 per year.

2042

2043 Table 3.3-2. Baseline Costs for Worker Pesticide Safety Training, Large WPS Farm.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j

annual 

frequency

freq (j|i)

cost

Training by handler trainer $47.18/hr 0.5 hour 0.272 $ 6.42

Training by Train-theTrainer$47.18/hr 0.5 hour 0.195 $ 4.69

Training by certified 

applicator

$33.44/hr 0.5 hour 1.459 $24.39

Training by handler $20.04/hr 0.5 hour 0.019 $ 0.19

Expected Cost (costr,i,a

B) $35.60

2044 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

2045

2046 The cost for handler training is estimated in a similar manner. Trainings may be conducted by 

2047 trainers of certified applicators, those completing a sanctioned train-the-trainer program, or a 

2048 certified applicator. As with worker safety training, trainers of certified applicators and those 

2049 completing a train-the-trainers program are assumed are assumed to conduct 14 percent and ten 

2050 percent of trainings, respectively. Certified applicators conduct the remaining 76 percent of 

2051 sessions.

2052

2053 The frequency that a farm will need to conduct a handler safety training depends on the number 

2054 of handlers in its employ. EPA assumes that large WPS farms employ, on average, two handlers. 
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52

2055 If there is a 32.8 percent chance a handler needing to receive the safety training, there is a 65.6 

2056 percent chance of a large WPS farm providing a training. Farms may share resources or 

2057 coordinate handler training so we assume that there are four training sessions for every five 

2058 farms with a handler to be trained for a total probability of 52.5 percent annually. EPA assumes 

2059 that a large-small farm (annual revenues between $100,000 and $750,000) employs one handler, 

2060 for a 32.8 percent chance that the handler needs training. EPA further assumes that there are 

2061 three trainings for every 4 farms, as some farms are able to share resources, implying an annual 

2062 probability of holding a handler training session of 24.6 percent. Given 14,320 commercial 

2063 handlers and 1,936 CPHEs, each firm employs, on average, over seven handlers. EPA assumes 

2064 that CPHEs hold a training session every year, on average.

2065

2066 Table 3.3-3 presents the estimated baseline cost for a large WPS farm for handler pesticide safety 

2067 training. Given the time and the annual frequency of training, combined with the cost and 

2068 probability of each type of trainer, the expected cost is $14.46 per year. The expected cost for a 

2069 large-small WPS farm is $6.78 per year, given a lower frequency of holding a training session. 

2070 For CPHEs, the cost is estimated to be $27.11 per year, reflecting the highest frequency of 

2071 training and a higher opportunity cost for a training conducted by a certified commercial 

2072 applicator. California currently requires annual training for pesticide handlers and the training 

2073 covers the additional material EPA will now require. Thus, for handler training in California, the 

2074 baseline cost will be the same as the cost estimated under the rule.

2075

2076 Table 3.3-3. Baseline Costs for Handler Pesticide Safety Training, Large WPS Farm.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j

annual 

frequency

freq (j|i)

cost

Training by handler trainer $47.18/hr 0.75 hour 0.073 $ 2.60

Training by Train-theTrainer $47.18/hr 0.75 hour 0.052 $ 1.86

Training by certified 

applicator $33.44/hr 0.75 hour 0.399 $10.00

Expected Cost (costr,i,a

B) $14.46

2077 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

2078

2079 Finally, we consider the cost of the training verification cards. EPA produces the cards and 

2080 distributes them to participating states at cost. In 2010, the last time the cards were printed, EPA 

2081 produced 400,000 cards at a cost of $23,900 or about $0.06 per card. Trainers must fill out and 

2082 distribute the cards; tests by EPA staff indicate it takes about 2 minutes per card to enter the 

2083 name, date of training, and other pertinent information. Trainers belong to different categories as 

2084 explained above. The probability a trainer from a given category provides a trainee the 

2085 verification card is the probability that a worker or handler receives training times the probability 

2086 that the training is led by a trainer in that category. The verification cards are estimated to cost 

2087 $0.63 per worker per year, $0.42 per farm handler per year, and $0.41 per commercial handler 

2088 per year.

2089
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

53

2090 Table 3.3-4. Per-Worker Baseline Costs, Verification Cards.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j

annual 

frequency

freq (j|i)

cost

Verification Card $0.06/card 1 card 0.490 $ 0.03

Distribution by handler 

trainer $47.18/hr 0.033 hour 0.069 $ 0.11

Distribution by Train-theTrainer $47.18/hr 0.033 hour 0.049 $ 0.08

Distribution by certified 

applicator $33.44/hr 0.033 hour 0.368 $ 0.41

Distribution by handler $20.04/hr 0.033 hour 0.005 $ 0.00

Expected Cost (costr,a

B) $ 0.63

2091 Source: EPA estimation. See text for assumptions and data sources.

2092

2093 Baseline costs for the verification cards are adjusted based on state participation in the voluntary 

2094 program. Currently, very few states in the Midwest, Ohio Valley, and Texas/Mountain West 

2095 regions have requested cards and therefore EPA treats the probability of the action as zero, 

2096 resulting in zero baseline costs. About half the states in the Subtropical, Northeast, and 

2097 Northwest states participate and therefore EPA estimates the annual frequencies to be half those 

2098 estimated above, resulting in expected baseline costs of $0.31 per worker per year and $0.21 per 

2099 handler per year for both the farm and commercial handler.

2100

2101 For each actor, we sum the cost of the various activities in which they are currently engaged. 

2102 Table 3.3-5 presents the costs for the three different employee categories and Table 3.3-6 

2103 presents the costs for the four different categories of establishments.

2104

2105 Table 3.3-5. Pesticide Safety Training Cost, by Employee

Action Worker Farm Handler CPHE Handler

Pesticide Safety Training $ 3.71 $ 4.93 $ 5.72

Verification Card $ 0.63 $ 0.41 $ 0.41

Expected Cost (costTRAIN,i,a

B

) $ 4.34 $ 5.35 $ 6.14

2106

2107 Table 3.3-6. Pesticide Safety Training Cost, by Employer

Action

Large WPS 

Farm

Large-Small 

WPS Farm

Other Small 

WPS Farm CPHE

Worker Safety Training $35.60 $14.75 $14.75 $ 0.00

Handler Safety Training $14.46 $ 6.78 $ 0.00 $27.11

Expected Cost (costTRAIN,i,a

B

) $50.06 $21.53 $14.75 $27.11

2108

2109 The total cost of pesticide safety training is a combination of the ‘fixed’ per farm cost and the 

2110 ‘variable’ per employee cost multiplied by the number of employees. Thus, the average large 

2111 WPS farm, employing 18 workers of which two are handlers, is expected to incur pesticide 

2112 safety training costs of $138.88 per year.

2113
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

54

2114 Step 2. Calculate Costs under Revised Regulatory Requirement

2115 The same process applies to the cost of complying with the final regulations. The final worker 

2116 training requirements include immediate training without exception, annual training, increased

2117 training content (duration), and heightened standard for trainers. Workers will also have to 

2118 acknowledge receipt of training for the employers records and they will be able to obtain a copy 

2119 of the training record, if they request it, to show future employers that they meet the training 

2120 requirement.

2121

2122 The per-worker unit cost is estimated to be $10.39, as shown in Table 3.3-7. Based on draft 

2123 material developed by EPA, additional training points will take about 15 minutes to cover. 

2124 Given the baseline time of 30 minutes, workers will spend 45 minutes (0.75 hours) of time in 

2125 training every year. EPA estimates that 90.5 percent of workers will be trained each year, 

2126 consisting of everyone except for returning handlers. Each worker will have to sign a training 

2127 sheet, acknowledging that they received the training, which will entail a small amount of time. 

2128 Finally, obtaining a copy of the training record will entail time on the part of the employer to 

2129 make and distribute the copy. According to results of the National Agricultural Workers Survey, 

2130 28 percent of agricultural workers had more than one employer in a year (DoL, 2005). EPA 

2131 therefore assumes that about one third of workers will request a copy of the training record, 

2132 given that more workers are likely to request a record than will actually need one.

2133

2134 Table 3.3-7. Per-worker Costs for Final Worker Training Requirements.

Action/Material wage/price

wj

unit 

time/quantity

Hr,i,j

annual 

frequency

freq (j|i)

cost

Full Training Session $14.64/hr 0.75 hour 0.905 $ 9.94

Acknowledge Training $14.64/hr 0.008 hour 0.905 $ 0.11

Copy of Training Record $0.02/page 1 page 0.302 $ 0.01

Distribute Copy $33.44/hr 0.033 hour 0.302 $ 0.34

Expected Cost 

(costTRAIN,a

P

)

$10.39

2135 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

2136

2137 Similarly, the expected per-handler cost is estimated to be $20.39 per year for a handler on a 

2138 WPS farm and $23.63 per year for a CPHE handler.

2139

2140 Table 3.3-8 presents the expected costs for worker safety training for a large WPS farm. 

2141 Because of the requirement for annual training and the lack of flexibility to delay the training of 

2142 newly hired employees, EPA assumes that a large WPS farm will conduct almost three worker 

2143 safety trainings per year on average, in lieu of 1.95 sessions in the baseline, and a small WPS 

2144 farm will conduct an average of 1.39 trainings per year, up from 0.81 sessions in the baseline. 

2145 This represents a 40 to 60 percent increase in trainings for farms with more than 10 employees, 

2146 who are assumed to hold multiple trainings throughout the season, and a 50 to 85 percent 

2147 increase for farms with fewer than 10 employees as they are currently unlikely to hold frequent 

2148 training sessions. As co-workers who have attended the handler training will no longer be 

2149 permitted to conduct worker training, EPA assumes that they will be replaced with certified 

2150 applicators. In addition to providing the training, the employer will be responsible for collecting 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

55

2151 and storing the training record from each training. EPA does not envision extensive 

2152 documentation. The per-farm cost for the revised worker training is estimated to be about $91

2153 per year for large farms (Table 3.3-8) and $44 per year for small farms.

2154

2155 Table 3.3-8. Per-WPS farm Costs for Final Worker Training Requirements, Large Farm.

Action/Material wage/price unit 

time/quantity

probability cost

Training by handler trainer $47.18/hr 0.75 hour 0.404 $14.30

Training by Train-theTrainer $47.18/hr 0.75 hour 0.289 $10.22

Training by Certified 

Applicator $33.44/hr 0.75 hour 2.194 $55.04

Collect/Store Training 

Record $33.44/hr 0.117 hour 2.887 $11.26

Training Record $ 0.02/page 1 page 2.887 $ 0.06

Folder $ 0.20 each 1 folder 1.0 $ 0.20

Expected Cost

(costTRAIN,a

P

)

$ 91.08

2156 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

2157

2158 Handler safety training requires similar actions and material. As with worker training, the new 

2159 material is expected to add 15 minutes to the training, for a total time averaging one hour. Large 

2160 farms are expected to conduct 0.8 training per year, on average, assuming that training events are 

2161 sometimes coordinated between farms. However, record keeping events are expected to occur 

2162 1.16 times per year, on average, since each farm will have to maintain individual records even if 

2163 the training includes handlers from multiple farms. Further, there may be more than one event 

2164 during the year on a farm because a worker may be ‘promoted’ to handler and receive training 

2165 during the season, which EPA assumes corresponds to the proportion of new hires obtained from 

2166 the NAWS (DoL, 2005). The per-farm cost for handler training, not including the per-handler 

2167 cost, is estimated to be $32.20 per year for large farms. The cost for a large-small farm is 

2168 estimated to be $21.18, where the difference is that these smaller farms with a single handler 

2169 conduct an average of 0.5 trainings per year. Note that this represents a doubling of training 

2170 sessions over the baseline. For CPHEs, EPA estimates expected cost for handler training to be 

2171 $50.04 per year, assuming an average of 1.3 training sessions and record keeping events.

2172

2173 In total, EPA is estimating expected ‘fixed’ per-establishment costs to be $123.28 per year for 

2174 the average large WPS farm, $65.03 per year for the average large-small WPS, $43.85 per year 

2175 for other small WPS farms, and $50.04 per year for CPHEs. The total cost per employee is 

2176 estimated to be $10.39 per worker, $20.39 per on-farm handler, and $23.63 per CPHE handler. 

2177 Thus, for the average large WPS farm with 18 workers, including two handlers, total pesticide 

2178 safety training costs are estimated to be $351.08 per year.

2179
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56

2180 Step 3. Estimate Regional Level Baseline and Compliance Costs

2181 Given the estimated costs per-establishment and per-worker, we can estimate the regional level 

2182 baseline and compliance costs by multiplying by the number of establishments or workers in 

2183 each region that are affected by the requirements and summing across the various actors.

2184

RCr,i

X

t

= ∑costr,a

X

t

× Na,i

t

a

2185

2186

2187 Tables 3.3-9a-c present the baseline costs, where the number of actors is presented in Section

2188 3.2. Under current requirements, the national cost is estimated to be $18.5 million per year.

2189

2190 Table 3.3-9a. Regional Baseline Costs, Pesticide Safety Training, WPS Farms

Region

Large WPS 

Farm

with 

Workers

Large WPS 

Farm

without 

Workers

LargeSmall WPS 

Farm

with 

Workers

LargeSmall WPS 

Farm

without

Workers

Other 

Small WPS 

Farms

with 

Workers

WPS 

Farms

RCRi

B

1

($1,000)

South, Southwest

costTRAIN,a

B $50.06 $14.46 $21.53 $ 6.78 $14.75

Na,South 8,672 3,482 15,649 6,039 23,502 $1,209

Na,Southwest 1,927 774 3,478 1,342 5,223 $ 269

California

costTRAIN,a

B $85.61 $32.20 $43.30 $21.18 $22.12

Na,California 3,401 1,365 6,137 2,368 9,216 $ 855

Subtropical, Northeast, Northwest

costTRAIN,a

B $50.06 $14.46 $21.53 $ 6.78 $14.75

Na,Subtropical 1,530 614 2,762 1,066 4,147 $ 213

Na,Northeast 6,008 2,412 10,842 4,184 16,282 $ 837

Na,Northwest 3,061 1,229 5,523 2,131 8,295 $ 427

Midwest, Ohio Valley, Texas and Mountain West

costTRAIN,a

B $50.06 $14.46 $21.53 $ 6.78 $14.75

Na,Midwest 12,242 4,916 22,093 8,525 33,179 $1,707

Na,Ohio Valley 12,582 5,052 22,707 8,762 34,101 $1,754

Na,Texas 7,255 2,913 13,092 5,052 19,662 $1,011

U.S. 56,677 22,757 102,284 39,469 153,607 $8,282

2191 Source: EPA estimates. Numbers may not sum due to rounding.

2192

2193 Table 3.3-9b. Regional Baseline Costs, Pesticide Safety Training, CPHEs and Employees

Region

CPHE WPS Worker WPS Handler CPHE 

Handler

CPHEs & 

Employees

RCRi

B

1

($1,000)

South, Southwest

costTRAIN,a

B $27.11 $ 4.34 $ 5.35 $ 6.14

Na,South 281 225,386 45,995 2,076 $1,245

Na,Southwest 45 63,032 10,221 329 $ 331
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57

Region

CPHE WPS Worker WPS Handler CPHE 

Handler

CPHEs & 

Employees

RCRi

B

1

($1,000)

California

costTRAIN,a

B $50.04 $ 6.13 $21.95 $25.17

Na,California 87 324,709 18,037 644 $2,408

Subtropical, Northeast, Northwest

costTRAIN,a

B $27.11 $ 4.03 $ 5.14 $ 5.93

Na,Subtropical 50 84,042 8,117 372 $ 384

Na,Northeast 184 227,297 31,866 1,360 $1,092

Na,Northwest 93 282,688 16,234 687 $1,228

Midwest, Ohio Valley, Texas and Mountain West

costTRAIN,a

B $27.11 $ 3.71 $ 4.93 $ 5.72

Na,Midwest 470 255,947 61,934 3,480 $1,303

Na,Ohio Valley 488 294,148 66,738 3,609 $1,455

Na,Texas 238 152,804 38,479 1,761 $ 733

U.S. 1,936 1,910,055 300,621 14,320 $10,219

2194 Source: EPA estimates. Numbers may not sum due to rounding.

2195

2196 Table 3.3-9c. Regional Baseline Costs, Pesticide Safety Training, Total

Region

WPS Farms

RCRi

B

1

($1,000)

CPHEs & Employees

RCRi

B

1

($1,000)

RCRi

B

1

($1,000)

Na,South $ 1,209 $ 1,245 $ 2,453

Na,California $ 855 $ 2,408 $ 3,263

Na,Southwest $ 269 $ 331 $ 600

Na,Subtropical $ 213 $ 384 $ 597

Na,Midwest $ 1,707 $ 1,303 $ 3,010

Na,Northeast $ 837 $ 1,092 $ 1,929

Na,Ohio Valley $ 1,754 $ 1,455 $ 3,209

Na,Texas $ 1,011 $ 773 $ 1,785

Na,Northwest $ 427 $ 1,228 $ 1,655

U.S. $ 8,282 $10,219 $18,501

2197 Source: EPA estimates. Numbers may not sum due to rounding.

2198

2199 Tables 3.3-10a-c present the estimates of regional costs under the final training regulations. 

2200 Summing the per-farm/firm and per-employee costs results in an estimate of $48.4 million 

2201 dollars for the first year of full implementation. However, the expanded training requirement 

2202 will not be implemented until materials can be developed and disseminated.

2203
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58

2204 Table 3.3-10a. Regional Costs under Final Rule, Pesticide Safety Training, WPS Farms

Large 

WPS Farm

with 

Workers

Large

WPS Farm

without 

Workers

LargeSmall WPS 

Farm

with 

Workers

LargeSmall WPS 

Farm

without

Workers

Other 

Small WPS 

Farms

with 

Workers

WPS 

Farms

costTRAIN,a

F $123.28 $ 32.20 $ 65.03 $ 21.18 $ 43.85 RCoiF

t=1

Region N ($1,000) i at

Na,South 8,672 3,482 15,649 6,039 23,502 $ 3,357

Na,California 3,401 1,365 6,137 2,368 9,216 $ 1,317

Na,Southwest 1,927 774 3,478 1,342 5,223 $ 746

Na,Subtropical 1,530 614 2,762 1,066 4,147 $ 592

Na,Midwest 12,242 4,916 22,093 8,525 33,179 $ 4,740

Na,Northeast 6,008 2,412 10,842 4,184 16,282 $ 2,326

Na,Ohio Valley 12,582 5,052 22,707 8,762 34,101 $ 4,871

Na,Texas 7,255 2,913 13,092 5,052 19,662 $ 2,809

Na,Northwest 3,061 1,229 5,523 2,131 8,295 $ 1,185

U.S. 56,677 22,757 102,284 39,469 152,568 $21,944

2205 Source: EPA estimates. Numbers may not sum due to rounding.

2206

2207 Table 3.3-10b. Regional Costs under Final Rule, Pesticide Safety Training, CPHEs and 

2208 Employees

CPHE WPS Worker WPS Handler CPHE 

Handler

CPHEs & 

Employees

costTRAIN,a

F $50.04 $10.39 $20.39 $23.63 RCoiF

t=1

Region N ($1,000) i at

Na,South 281 225,386 45,995 2,076 $ 3,344

Na,California 87 324,709 18,037 644 $ 3,763

Na,Southwest 45 63,032 10,221 329 $ 874

Na,Subtropical 50 84,042 8,117 372 $ 1,050

Na,Midwest 470 255,947 64,934 3,480 $ 4,090

Na,Northeast 184 227,297 31,866 1,360 $ 3,054

Na,Ohio Valley 8,762 294,148 66,738 3,609 $ 4,528

Na,Texas 238 152,804 38,479 1,761 $ 2,427

Na,Northwest 93 282,688 16,234 687 $ 3,290

U.S. 1,936 1,910,055 300,621 14,320 $26,420

2209 Source: EPA estimates. Numbers may not sum due to rounding.

2210

2211 Table 3.3-10c. Regional Costs under Final Rule, Pesticide Safety Training, Total

Region

WPS Farms

RCRi

F

1

($1,000)

CPHEs & Employees

RCRi

F

1

($1,000)

RCRi

F

1

($1,000)

Na,South $ 3,357 $ 3,344 $ 6,701

Na,California $ 1,317 $ 3,763 $ 5,079

Na,Southwest $ 746 $ 874 $ 1,620

Na,Subtropical $ 592 $ 1,050 $ 1,643
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

59

Region

WPS Farms

RCRi

F

1

($1,000)

CPHEs & Employees

RCRi

F

1

($1,000)

RCRi

F

1

($1,000)

Na,Midwest $ 4,740 $ 4,090 $ 8,830

Na,Northeast $ 2,326 $ 3,054 $ 5,380

Na,Ohio Valley $ 4,871 $ 4,528 $ 9,400

Na,Texas $ 2,809 $ 2,427 $ 5,235

Na,Northwest $ 1,185 $ 3,290 $ 4,775

U.S. $21,944 $26,420 $48,364

2212 Source: EPA estimates. Numbers may not sum due to rounding.

2213

2214 Step 4. Calculate the Present Value of Costs.

2215 The PV of regional costs for the baseline and final is calculated over a ten-year time horizon as

2216

PV(RCR,i

X

) = ∑

RCR,i

X

t

(1 + ρ)

t−1

10

t=1

2217

2218

2219 where variables are defined as in Section 3.2. As explained in Section 3.2.2, where annual costs 

2220 are constant, this calculation simplifies to annual costs multiplied by the sum of the discounting 

2221 factors. For a seven percent discount rate over ten years, this sum equals 8.79. Thus, the PV of 

2222 regional baseline costs is simply the annual cost shown in Table 3.3-9 times 8.79. The cost of 

2223 pesticide safety training under the rule, however, will vary over time because the requirement for 

2224 expanding the training will not be implemented immediately. Materials must first be developed 

2225 and disseminated. EPA assumes that this will take about two years. For simplicity we estimate 

2226 upper and lower bounds, where the upper bound assumes all requirements are implemented 

2227 immediately and the lower bound assumes all requirements are delayed two years. The upper 

2228 bound is, like the baseline cost, simply the annual costs shown in Table 3.3-10 times 8.79. 

2229 Results are presented in Table 3.3-11.

2230

2231 The lower bound estimate of pesticide safety training assumes that baseline costs are incurred for 

2232 two years and full costs under the rule are incurred for the remainder of the time horizon. The 

2233 PV of costs under the rule, at a 3% discount rate, is

2234

PV(RCr,i

F

) = RCr,i

B

t=1

∙ ∑

1

(1 + 0.03)

t−1

2

t=1

+ RCr,i

F

t=1

∙ ∑

1

(1 + 0.03)

t−1

10

t=3

2235

= RCr,i

B

t=1

∙ 1.97 + RCr,i

F

t=1

2236 ∙ 6.82

2237

2238
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

60

2239 Step 5. Estimate the Regional Incremental Cost of the Potential Requirement.

2240 The incremental costs of the potential requirement are estimated at the regional level by taking 

2241 the difference in the PV of the compliance and the regional baseline costs.

2242

PV(RICr,i) = PV(RCr,i

F

) − PV(RCr,i

B

2243 )

2244

2245 Table 3.3-11 presents the PV of costs under the final rule, assuming immediate implementation, 

2246 under the baseline, and the incremental costs of the revisions.

2247

2248 Table 3.3-11. PV of Final, Baseline, and Incremental Costs, Pesticide Safety Training.

Region PV(RCo

F

i) PV(RCo

B

i) PV(RICo i) Annual RIC

($1,000)

South $ 58,881 $ 21,557 $ 37,324 $ 4,248

California $ 44,628 $ 28,671 $ 15,957 $ 1,816

Southwest $ 14,232 $ 5,273 $ 8,959 $ 1,020

Subtropical $ 14,435 $ 5,245 $ 9,190 $ 1,046

Midwest $ 77,589 $ 26,443 $ 51,145 $ 5,821

Northeast $ 47,270 $ 16,953 $ 30,317 $ 3,451

Ohio Valley $ 82,592 $ 28,195 $ 54,397 $ 6,191

Texas/Mountain West $ 46,001 $ 15,682 $ 30,319 $ 3,451

Northwest $ 39,322 $ 14,539 $ 24,783 $ 2,821

National $424,950 $162,558 $262,392 $29,864

2249 Source: EPA estimates. NPV calculated over 10 years using a 3% discount rate.

2250

2251 Steps 6 and 7. Estimate National Level Incremental Cost of the Requirement.

2252 The national incremental cost of the pesticide safety training requirements is simply the sum of 

2253 the regional level incremental cost or the difference in the sum of regional level baseline and 

2254 potential costs. Estimates are shown in the last row of Table 3.3-11. The incremental cost of 

2255 pesticide safety training requirements is estimated to be between $204 and $262 million over 10 

2256 years, given a 3% discount rate. The lower bound assumes that all requirements, not just the 

2257 expanded training, are delayed two years while the upper bound assumes that all requirements, 

2258 including expanded training, are implemented immediately. This corresponds to an annualized 

2259 cost of $23.2 to $29.9 million per year.

2260

2261 EPA estimates that almost 375,000 farms will conduct pesticide safety training, including about 

2262 62,000 farms with only handlers. On average, the annual cost of the revisions to the pesticide 

2263 safety training requirements is estimated to be $62 to $80 per year per WPS farm. These costs 

2264 will vary by farm size and region, in that the average number of workers varies across different 

2265 parts of the country. Farms that employ handlers, but not field workers, are expected to incur 

2266 additional costs of $37 to $49 per year, with farms in California facing little or no additional 

2267 costs. For large farms that hire farmworkers, average annual incremental costs are between $162

2268 and $209 per year but vary from $138 to $178 per year in the Midwest, where the average 

2269 number of workers per farm is relatively low, to $323 to $417 per year in the Northwest, where 

2270 farms typically employ nearly 60 workers. For small farms hiring farmworkers, those with 

2271 annual revenue less than $750,000 per year, incremental costs are expected to average between 

2272 $45 and $58 per year, ranging from $42 to $54 per year for farms employing around three
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

61

2273 workers, as in the Midwest, to $73 to $94 per year for farms employing ten to 15 workers. The 

2274 per-farm cost assumes that the employer ultimately bears the full cost because he or she pays the 

2275 worker for the time spent in training. However, many temporary workers employed to harvest 

2276 fruit and vegetables are paid by the quantity of produce they pick. For those workers, the time 

2277 spent in training may represent forgone wages.

2278

2279 Refinements in the estimated number of workers will reduce overall costs. If farms that 

2280 primarily produce field crops do not employ workers engaged in hand labor, then about 272,000 

2281 farms would be impacted by revisions to the pesticide safety training requirements and over 1.2 

2282 million field workers and almost 250,000 handlers would be affected. Estimated incremental 

2283 cost for pesticide safety training is between $15.8 million and $20.4 million annually. If the 

2284 number of workers affected is less than 1.1 million, as estimated by USDA, the incremental cost 

2285 for safety training ranges from $14.8 to $19.0 million per year. At the lower bound, the 

2286 incremental cost for a large WPS farm employing both workers and handlers is estimated to be 

2287 between $375 and $485 per year, on average across the U.S. The incremental cost to small farms 

2288 employing workers is expected to average between $60 and $80 per year. If all 465,766 farms 

2289 estimated to produce crops and hire labor are included in the analysis, the incremental cost is 

2290 estimated to be $29.0 to 37.4 million per year, but per farm costs would be lower. Large farms 

2291 with both workers and handlers are estimated to face incremental costs between $150 and $190 

2292 per year, while the incremental cost to small farms is estimated to be between $40 and $55 per 

2293 year, on average.

2294

2295 3.3.2 Hazard Communication

2296

2297 Hazard communication requirements impose costs on WPS farms who must inform their workers 

2298 about the use of pesticides on the farm, nursery, or in the greenhouse. Forestry operations are 

2299 also covered, but as the impact is minimal, they are not considered in this analysis. As with 

2300 training, the impacts include the opportunity cost of labor for providing and receiving the 

2301 information as well as materials used to disseminate the information. Hazard communication 

2302 requirements will only apply to WPS farms when they make pesticide applications.

2303

2304 The requirements specify where, what, and when hazard information is to be provided, as well as 

2305 how long it should be retained. Currently, material is to be posted at a central location for 

2306 unrestricted access by workers and handlers. The content consists of information about the 

2307 application: (i) the product name, EPA registration number, and active ingredient(s) of the 

2308 pesticide product, (ii) the location and description of the area to be treated, (iii) time and date the 

2309 pesticide is to be applied, and (iv) the duration of the REI for the pesticide. Information must be 

2310 posted prior to the application, if workers are present, or prior to any worker’s first work period 

2311 on the establishment, and the information must be updated if any changes are made in the way 

2312 the application is conducted. The information must remain on display from the time of the 

2313 application until 30 days after any restricted entry interval expires.

2314

2315 The final rule will still require hazard information to be posted at a central location. The content 

2316 will consist of the Safety Data Sheet (SDS) for the product in addition to the application 

2317 information currently required. The revised rule will specify that the description of the area 

2318 treated must include the crop or site treated and the date and time the application ended. The 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

62

2319 information must be posted as soon as possible, but no later than 24 hours, after the application

2320 and before any worker enters the treated area. Workers on the establishment at the time of the 

2321 application must be notified under separate provisions. The hazard communication material 

2322 must still remain on display when workers are on the establishment and from the time of the 

2323 application until 30 days after any restricted entry interval expires. Additionally, the material 

2324 must be retained for two years from the date of the expiration of the REI, and provided on 

2325 request by a worker, handler, an employee’s designated representative, treating medical 

2326 personnel, or inspector.

2327

2328 Step 1. Calculate Baseline Costs

2329 As noted above, current requirements obligate the farm employer to compile and record the 

2330 appropriate application information. Discussions with stakeholders suggest that the time 

2331 required will average about five minutes or 0.083 hours. A sheet of paper is needed to record the 

2332 information and takes about a minute (0.017 hours) to post at a central location. This must be 

2333 done for every application. Table 3.3-12 presents the estimated baseline cost per establishment 

2334 for five regions: South, Southwest, Northeast, Ohio Valley, and Northwest. The representative 

2335 states for California, the Subtropical, Midwest, and Texas/Mountain West regions currently 

2336 require that SDS be provided. California and Texas also have record-keeping requirements and 

2337 requirements to make the records available upon request. The California requirements seem to 

2338 apply only to workers and handlers who are currently employed while the Texas requirements 

2339 seem to apply only to large farms. The baseline cost is somewhat underestimated as it does not 

2340 account for revising the information in case there are changes in the application, such as a delay 

2341 in the time of application.

2342

2343 Throughout this analysis, EPA assumes the average WPS farm will make 16.2 pesticide 

2344 applications per year, given that 81.1 percent of WPS farms use pesticides in a given year 

2345 (NASS, 2008b) and assuming that WPS farms using pesticides make an average of 20 

2346 applications per year. This can be varied as appropriate for size of farms, ranging from 10.5 

2347 applications for the average small-small WPS farm to 18.9 applications for average large WPS 

2348 farms with fieldworkers. Similarly, 82.2 percent of handler only WPS farms use pesticides, 

2349 resulting in an average of 16.4 applications per year. Few crops would be treated so frequently, 

2350 especially field crops, but the number is not unreasonable at the farm level. The following 

2351 examples show how EPA arrived at this number.

2352  Field crops, corn and soybean in Iowa. According to the 2007 Census of Agriculture 

2353 (NASS, 2008), there are 63,672 crop farms in Iowa (Volume 1, Chapter 2, Table 9). 

2354 Given corn and soybean acreage in the state (Volume 1, Chapter 2, Table 26), the average 

2355 farm would have about 217 acres of corn and 135 acres of soybean. If fields are about 40 

2356 acres in size, this suggests a farm might have six corn fields and four soybean fields, 

2357 which is consistent with a mixture of fields in a corn – soybean rotation with some fields 

2358 in continuous corn. Crop budgets for the state indicate use of an herbicide for the corn 

2359 and soybean crops grown in rotation and an herbicide and insecticide treatment for fields 

2360 in continuous corn (Duffy, 2012). This implies 12 pesticide applications for a typical 

2361 farm.

2362  Fruit crops in Washington. There are 5,363 Washington farms engaged in fruit 

2363 production, which acreage of several fruit trees, implies about 30 acres of apple, 7 acres 

2364 of cherry, and 5 acres of pear per farm, on average (NASS, 2008, Volume 1, Chapter 2, 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

63

2365 Table 32). This suggests a typical farm might have four blocks of fruit production: two 

2366 of apple, one of cherry, and one of pear. Typical spray programs (Northwest Wholesale, 

2367 Inc., 2011a, b, c) imply 12 applications to apple blocks, six to the cherry block, and seven 

2368 to the pear block, for a total of 37 applications. Including one herbicide application to 

2369 each leaves us with 40 applications per year.

2370  Vegetable crops in Florida. According to the 2007 Census of Agriculture, Florida 

2371 vegetable farms average 180 acres. However, we have no information on field size or 

2372 number of fields per farm. Further, Florida’s climate allows two or even three crops each 

2373 year and a wide variety of vegetables, including beans, cucumbers, peppers, squash, and 

2374 tomatoes. Crop budgets for small farms from the University of Florida (University of 

2375 Florida, 2008-09) indicate that most vegetables are treated a total of seven to eight times, 

2376 including an herbicide, an insecticide or two, and multiple fungicides. Tomatoes, 

2377 however, may be treated 17 times over the course of a season, including two herbicide 

2378 treatments, 11 insecticides treatments and 4 fungicide treatments. Insecticides and 

2379 fungicides may be applied simultaneous, which reduces the total number of applications. 

2380 Florida vegetables are probably more intensely managed than most vegetable fields, 

2381 however. A budget for lettuce from the University of California (Smith, Klonsky, and 

2382 DeMoura, 2009) indicates that lettuce receives about six pesticide treatments, considering 

2383 tank mixes. Multiple fields are often cultivated so that harvest occurs over a period of 

2384 time to take advantage of marketing opportunities and to stagger production activities. 

2385 Thus, vegetable farms are probably similar to fruit production in terms of the number of 

2386 pesticide applications.

2387 Grain and soybean farms make up nearly half of WPS farms with fruit and vegetable farms 

2388 accounting for another 22 percent (NASS, 2008). The average across all farms, given 12 

2389 applications on grain and soybean farms and 40 applications on fruit and vegetable farms, is 

2390 about 20 applications per farm. This does not consider farms that are primarily livestock with 

2391 some crop production and that probably would make fewer pesticide applications, on average. 

2392 Nor does it account for the fact that hazard communication requirements apply only if a worker 

2393 is present at the time of application or within 30 days of the REI. Note as well that most farms 

2394 produce a variety of crops, e.g., both grains and vegetables.

2395

2396 Table 3.3-12. Per-Establishment Baseline Costs for Hazard Communication.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j /Mr,i,j

annual 

frequency

freq(j|i)

cost

Gather/record information $33.44/hr 0.083 hr 16.2 $ 45.11

Information sheet $ 0.02/sheet 1 sheet 16.2 $ 0.32

Post application 

information $33.44/hr 0.017 hr 16.2 $ 9.02

Expected Cost (costHazCom,i,a

B) $ 54.45

2397 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

2398

2399 As shown in Table 3.3-12, the expected cost for WPS farms to comply with current hazard 

2400 communication requirements is about $54.45 per year, ranging from around $53 per year for 

2401 small WPS farms to nearly $62 per year for large WPS farms.

2402
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

64

2403 Step 2. Calculate Costs under Revised Regulatory Requirement

2404 In addition to the current requirements, employers will now be required to obtain and post the 

2405 SDS and retain the information for two years. SDS are commonly available on line or at 

2406 pesticide dealers. Based on internet searches for a number of commonly used herbicides, 

2407 insecticides, and fungicides, EPA estimates that it takes about four minutes to obtain a SDS. The 

2408 average length of a SDS is 6.7 pages, implying that about three to four double-sided pages will 

2409 be needed as part of the information provided to workers. Because the same product is likely to 

2410 be used multiple times on the same establishment, albeit on different fields, EPA assumes that 

2411 only about half of the applications will require the employer to obtain and copy a unique SDS. 

2412 The material must then be filed after the period of posting expires. The same material as was 

2413 posted could be used for the records or the material may be retained electronically. However, for 

2414 this analysis, EPA assumes that additional copies must be made and stored in a physical folder. 

2415 The expected cost for the hazard communication requirements is estimated to be $83.30 per farm 

2416 per year, ranging from $80 for small farms to $94 per large farm per year. The actually cost may 

2417 be lower according to the number of applications made while workers are present.

2418

2419 Table 3.3-13. Per-Establishment Costs for Final Hazard Communication Requirements.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j /Mr,i,j

annual 

frequency

freq(j|i)

cost

Record application 

information $33.44/hr 0.083 hr 16.2 $ 45.23

Information sheet $ 0.02/sheet 1 sheet 16.2 $ 0.32

Post application 

information $33.44/hr 0.017 hr 16.2 $ 9.05

Obtain SDS $33.44/hr 0.067 hr 8.1 $ 18.09

Copy of SDS $ 0.02/sheet 3.3 sheets 8.1 $ 0.54

File Haz Comm material $33.44/hr 0.017 hr 16.2 $ 9.05

Information sheet for file $ 0.02/sheet 1 sheet 16.2 $ 0.32

Copy of SDS for file $ 0.02/sheet 3.3 sheets 8.1 $ 0.54

Folder $ 0.20 1 0.8 $ 0.16

Expected Cost (costHazCom,i,a

F) $ 83.31

2420 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

2421

2422 In estimating the cost of allowing access to application information, EPA considers two 

2423 scenarios: first, the case of a current employee and, second, the case of a former employee. In 

2424 both cases, the actions required of the employer are to locate the appropriate record(s) and then 

2425 to provide that information to the requester.

2426

2427 In the case of the current employee, locating the appropriate records is likely to be fairly simple 

2428 as the employee should be able to provide exact information about the time and location of the 

2429 application in question. EPA estimates that the exchange of information would take about 6 

2430 minutes (0.1 hours). EPA assumes that a copy of the record is provided to the employee. The 

2431 expected cost per request is estimated to be $3.43. Estimating the number of requests that might 

2432 be made is subject to a great deal of uncertainty. Given that the information is posted for at least 

2433 30 days, the frequency of requests coming from current employees may be small. If we assume 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

65

2434 there will be one request for every 20 pesticide applications, there would be about 0.8 requests

2435 per farm per year, implying an average cost of $2.78 per year, as shown in Table 3.3-14. The 

2436 average cost to small WPS farms, given 15.7 pesticide applications on average, is estimated to be 

2437 $2.69 per year and for large farms averaging 18.4 applications per year, the cost is estimated to 

2438 be $3.15 per year.

2439

2440 Table 3.3-14. Per-Establishment Costs for Hazard Communication, Available on Request.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j /Mr,i,j

annual 

frequency

freq(j|i)

cost

Retrieve/Copy record $33.44/hr 0.10 hr 0.811 $ 2.71

Records $ 0.02 4.3 sheets 0.811 $ 0.07

Expected Cost (costHazCom,i,a

B) $ 2.78

2441 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

2442

2443 In the case of former employees, the employer will first need to verify employment both to 

2444 determine if a response is required and to help identify the time frame in question. The employer 

2445 must then identify the appropriate records. The requester must provide sufficient information to 

2446 identify the records, but it is likely to be more complicated that in the case of the current 

2447 employee. EPA estimates that verifying employment and identifying the appropriate records 

2448 will take about 12 minutes (0.2 hours) per request. If records are held electronically and can be 

2449 e-mailed to the requester, EPA estimates that the employer will spend another 6 minutes 

2450 responding to the request. Given prevailing wages, the opportunity cost of time would be about 

2451 $10 per request. E-mail would likely be the preferred method, since it provides proof that the 

2452 request was honored. According to the 2012 Census of Agriculture, about 70% of U.S. farms 

2453 have internet connections, but that does not mean records are held electronically nor that the 

2454 requester can receive the information electronically. If the response must be made using hard 

2455 copies, EPA estimates the cost to be about $17 per request. In addition to the time to prepare the 

2456 mailing, this cost includes copies of the records and return receipt postage to obtain proof that 

2457 the request was fulfilled. Again, the frequency of requests is subject to a great deal of 

2458 uncertainty. If we assume that there will be one request for every 100 employees and half the 

2459 requests can be addressed by e-mail, as shown in Table 3.3-15, the per-employee cost would be 

2460 around $0.14 per employee per year. EPA estimates that, on average, WPS farms employ 6 

2461 workers, implying that the frequency of receiving a request would be 0.06 (6% chance) per year. 

2462 Large farms (annual revenues of $750,000 per year) average 18 employees, implying a 

2463 frequency of 0.18 per year or slightly less than one request every five years. Large farms in 

2464 California and Washington average about 50 employees, suggesting they would receive about 

2465 one request every two years. Large greenhouses average over 100 employees, which would 

2466 imply about one request per year.

2467
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66

2468 Table 3.3-15. Per-Employee Costs for Hazard Communication, Available on Request.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j /Mr,i,j

annual 

frequency

freq(j|i)

cost

Retrieve/Copy record $33.44/hr 0.20 0.010 $ 0.06

E-mail records $33.44/hr 0.10 0.005 $ 0.02

Mail records $33.44/hr 0.20 0.005 $ 0.03

Records $ 0.02 4.3 sheets 0.005 $ 0.00

Envelope/Postage $ 3.88 1 0.005 $ 0.02

Expected Cost (costHazCom,i,a

B) $ 0.14

2469 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

2470

2471 Step 3. Estimate Regional Level Baseline and Compliance Costs

2472 We estimate the regional level baseline and compliance costs by multiplying by the number of 

2473 establishments in each region that are affected by the requirements. Table 3.3-16 presents the 

2474 baseline costs, where the number of actors is presented in Chapter 3.2. Representative states for 

2475 the Subtropical and Midwest regions require employers to provide the SDS, so baseline costs are 

2476 estimated to be average $70.65 and $82.84 per small and large farm per year, respectively. The 

2477 per-farm costs in California are estimated to be $83.05 and $97.38 per small and large farms per 

2478 year considering the additional record-keeping costs. Texas requires the SDS and recordkeeping

2479 by large farms, implying baseline costs of $52.67 and $97.38 per small and large farm per year. 

2480 In addition, under the provision to make records available to former employees, there are 

2481 expected costs of $0.07 per worker in the Texas/Mountain West region since about half the 

2482 workers and handlers are employed on large farms. See Appendix B for details. Under current 

2483 requirements, the national cost is estimated to be $23.2 million per year.

2484

2485 Table 3.3-16. Regional Baseline Costs, Hazard Communication

Region

Large WPS 

Farm

Small WPS 

Farm

WPS 

Worker/Handler

RCRi

B

1

($1,000)

South, Southwest, Northeast, Ohio Valley, and Northwest

costHazCom,a

B $61.76 $52.67 $ 0.00

Na,South 12,153 45,190 238,389 $3,131

Na,Southwest 2,701 10,042 65,921 $ 696

Na,Northeast 8,420 31,308 236,305 $2,169

Na,Ohio Valley 17,634 65,570 313,015 $4,543

Na,Northwest 4,289 15,949 287,277 $1,105

California

costHazCom,a

B $97.38 $83.05 $0.00

Na,California 4,766 17,722 329,808 $1,936

Subtropical and Midwest

costHazCom,a

B $82.84 $70.65 $0.00

Na,Subtropical 2,145 7,975 86,337 $ 741

Na,Midwest 17,158 63,798 274,304 $5,928
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

67

Region

Large WPS 

Farm

Small WPS 

Farm

WPS 

Worker/Handler

RCRi

B

1

($1,000)

Texas/Mountain West

costHazCom,a

B $93.62 $79.84 $0.07

Na,Texas 10,168 37,806 163,682 $2,993

U.S. 79,434 295,360 1,995,038 $23,242

2486 Source: EPA estimates. Numbers may not sum due to rounding.

2487

2488 Table 3.3-17 presents the estimates of regional costs under the final hazard communication 

2489 requirements. Summing the per-farm/firm and per-employee costs results in an estimate of 

2490 $32.5 million dollars per year.

2491

2492 Table 3.3-17. Regional Costs under Final Rule, Hazard Communication

Large WPS 

Farm

Small WPS 

Farm

WPS 

Worker/Handler

costHazCom,a

F $94.23 $83.05 $ 0.14 RCoiF

t=1

Region Ni a ($1,000)

Na,South 12,153 45,190 238,389 $4,969

Na,California 4,766 17,722 329,808 $1,981

Na,Southwest 2,701 10,042 65,921 $1,106

Na,Subtropical 2,145 7,975 86,337 $ 883

Na,Midwest 17,158 63,798 274,304 $7,007

Na,Northeast 8,420 31,308 236,305 $3,452

Na,Ohio Valley 17,634 65,570 313,015 $7,206

Na,Texas 10,168 37,806 287,277 $4,152

Na,Northwest 4,289 15,949 287,277 $1,782

U.S. 79,434 295,360 1,995,038 $32,538

2493 Source: EPA estimates. Numbers may not sum due to rounding.

2494

2495 Step 4. Calculate the Present Value of Costs.

2496 There are no changes over time in the requirements for hazard communication. Thus, the PV of 

2497 costs over the ten-year time horizon is simply the annual regional costs multiplied by 8.79, as 

2498 explained in Chapter 3.2.2.

2499

2500 Step 5. Estimate the Regional Incremental Cost of the Potential Requirement.

2501 Table 3.3-18 presents the PV of hazard communication costs under the final rule, under the 

2502 baseline, and the incremental costs of the revisions. Incremental costs vary substantially across 

2503 regions, not only because of differences in the number of farms covered by the WPS, but because 

2504 of state regulations. In states where records and/or SDS are already required, such as California 

2505 and Florida, the incremental costs are low. To the extent that the baseline costs are 

2506 underestimated because they do not account for the cost of updating information that changes 

2507 between planning the application and conducting the application, the incremental costs will be 

2508 overestimated.

2509
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

68

2510 Table 3.3-18. PV of Final, Baseline, and Incremental Costs, Hazard Communication.

Region PV(RCo

F

i) PV(RCo

B

i) PV(RICo i) Annual RIC

($1,000)

South 43,659 $27,508 16,152 1,838

California 17,406 $17,009 397 45

Southwest 9,718 $ 6,113 3,605 410

Subtropical 7,758 $ 6,511 1,247 142

Midwest 61,562 $52,087 9,475 1,078

Northeast 30,333 $19,058 11,276 1,283

Ohio Valley 63,309 $39,913 23,396 2,663

Texas/Mountain West 36,482 $26,300 10,183 1,159

Northwest 15,654 $ 9,709 5,945 677

National $285,881 $204,206 $81,675 $ 9,296

2511 Source: EPA estimates. NPV calculated over 10 years using a 3% discount rate.

2512

2513 Steps 6 and 7. Estimate National Level Incremental Cost of the Requirement.

2514 The PV national incremental cost of revisions to the hazard communication requirements is 

2515 estimated to be $81.7 million over ten years, or about $9.3 million dollars annually. EPA 

2516 estimates that there are 374,794 affected farms implying an annual cost of about $24.80 per farm. 

2517 The cost per farm varies across states and regions depending on current state requirements and 

2518 will also depend on how many pesticide applications are made. Estimated incremental costs 

2519 range from less than one dollar to nearly $44 per farm per year. EPA estimates that small farms 

2520 will incur somewhat lower costs over time because they are less likely to use pesticides. 

2521 However, the main reason that small farms would face lower costs, which is not captured in the 

2522 analysis, is that workers are less likely to be present throughout the entire growing season and 

2523 hazard communication is not needed if workers are not present within about a month of the 

2524 application.

2525

2526 At the lower bound, EPA estimates that 272,172 WPS farms would be impacted by revisions to 

2527 the hazard communication requirements at a total annual incremental cost of about $7.3 million. 

2528 The estimated cost per farm for the changes in the WPS, however, are largely unchanged. At the 

2529 upper bound, with almost 466,000 farms impacted, the total annual incremental cost is estimated 

2530 to be about $10.9 million.

2531

2532 3.3.3 Notification

2533

2534 Notification requirements impose costs on WPS farm employers who must provide their 

2535 employees with information about where pesticides are used and provide pertinent safety 

2536 information. The impacts include the opportunity cost of labor for providing and receiving the 

2537 information as well as materials used to disseminate the information. As with hazard 

2538 communication, notification requirements will only apply to WPS farms when they make 

2539 pesticide applications.

2540

2541 Revisions to the WPS will cover three areas pertaining to notifications: informing workers of 

2542 treated areas under a restricted entry interval (REI), informing workers of required safety 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

69

2543 precautions if they must enter an area under a REI, and informing workers of basic safety 

2544 precautions and decontamination procedures. Under the current rule, employers must usually 

2545 inform workers of areas under a REI either orally or by posting warning signs at reasonably 

2546 expected points of worker entry into a field and when a treated field is near worker housing. 

2547 Certain products require both oral notification and warning signs and indoor production areas 

2548 (greenhouses) must always post areas under a REI. If workers are to be sent into a field under a 

2549 REI, the employer must inform them of all labeling requirements related to human hazards and 

2550 precautions as well as ensure that the worker uses PPE as required by the label and follows any 

2551 other label requirements. Finally, the WPS requires the employer to display, at a central 

2552 location, a poster describing safety practices and decontamination procedures.

2553

2554 Under the final WPS, employers will be required to post warning signs if the REI is greater than 

2555 48 hours. For products used in outdoor production with shorter REIs, employers may notify 

2556 workers orally, unless posting is required on the label. For greenhouses, employers are not 

2557 required to post warning signs if the REI is less than or equal to four hours if they provide 

2558 workers with oral notification. 

2559

2560 Revisions will specify and expand the information provided to workers entering fields under a 

2561 REI:

2562  Location of early entry area

2563  Pesticide(s) applied

2564  Dates and times REI begins and ends

2565  Exception that allows early entry and description of permitted tasks

2566  Whether contact with treated surfaces is permitted

2567  Amount of time worker is allowed in area

2568  Required PPE

2569  Location of pesticide safety information and of decontamination supplies

2570

2571 Finally, the safety information must be displayed at a central location, at permanent 

2572 decontamination sites, and where decontamination supplies for more than 10 workers or handlers 

2573 are located. Further, the employer will be required to provide contact information for medical 

2574 facilities and for the state agency responsible for WPS enforcement on the safety information 

2575 display.

2576

2577 Step 1. Calculate Baseline Costs

2578 To assess the impacts of revisions to the notification requirements in the WPS, we identify a 

2579 number of different actors. There will be actions required of both the employer and worker, 

2580 where the worker spends some time receiving information. We also distinguish WPS farms by 

2581 size and by type of production, specifically to identify greenhouses. The Census of Agriculture 

2582 defines farms according to the primary source of revenue. Given the available information, EPA 

2583 estimates there to be 947 WPS farms that are primarily greenhouse operations. They may also 

2584 have outdoor production. Similarly, many of the remaining 311,618 WPS farms have 

2585 greenhouse as part of the farm. In this analysis, we abstract from the reality of diverse 

2586 production to focus on the impacts of revisions specific to the type of production. In the 

2587 aggregate, the differences likely offset each other. For impacts at the farm level, a diverse 

2588 operation will likely face costs that are a reflective of both types of production.
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

70

2589

2590 Posting warning signs. Currently, employers may inform workers of REIs orally or by posting a 

2591 sign, except for certain pesticides that require double notification, i.e., both verbal 

2592 communication and warning signs. Greenhouses are required to post warnings of all 

2593 applications. Costs are expected to vary by farm size because it may be cheaper to post the 

2594 warnings than orally notify a large number of workers; the estimation of baseline costs for a 

2595 large-small farm is presented in Table 3.3-19, as an example. EPA assumes that most employers 

2596 in small farms provide oral notification to their workers, which would occur when a pesticide 

2597 application has been made. As with hazard communication (Section 3.3.2), we assume a farm 

2598 makes 20 applications per year, but this is weighted by the proportion of WPS farms, by size, 

2599 that used pesticides in 2012. Since some workers may not be present the day of application, they 

2600 will have to be informed of the REI upon returning to work. This means employers may have to 

2601 provide multiple notifications. For example, 94.3 percent of large-small farms used pesticides in 

2602 2012, which EPA interprets as the likelihood that farms of this size will use pesticides in any 

2603 given year. Assuming 20 applications in general, a large-small farm will make 18.7 applications 

2604 on average. Further assuming that each application averages 1.1 notifications to reach all 

2605 workers, implies 20.8 notifications per year. Employers with many workers, however, may find 

2606 it too complicated and too time consuming to orally notify them all; thus, many employers in 

2607 large farms likely post REIs. Based on stakeholder discussion, about ten percent of the time the 

2608 pesticide used will be double notification, requiring signs be posted as well oral notification; thus 

2609 a large-small farm will post the REI 1.87 times per year, on average. EPA assumes that two 

2610 signs are generally needed for posting and they can be reused. We assume that about some farms 

2611 have worker housing adjacent to fields such that a third sign would be needed, but this 

2612 assumption has no effect on the incremental cost. Signs will generally last for two years. The 

2613 probability of replacing a sign is thus 50 percent, weighted by the proportion of non-greenhouse 

2614 WPS farms making an application in any given year, which varies across farm size (Section

2615 3.2.2). In the case of a large-small farm, that weighting is 94.3 percent, for a likelihood of 47.2 

2616 percent. A larger proportion of farms purchases two signs, with a 38.3 percent chance while the 

2617 remainder, 8.9 percent purchases three signs. The expected per-farm cost is estimated to be 

2618 between $35 and $137 depending on the size of the farm. See Appendix B.

2619

2620 Table 3.3-19. Per-Large-Small WPS Farm Baseline Costs, Post REI warning signs.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j /Mr,i,j

annual 

frequency

freq (j|i)

cost

Oral Notification $33.44/hr 0.05 hour 20.8 $ 34.70

Signs $ 7.35 each 2 signs 0.383 $ 5.63

Post Sign $33.44/hr 0.333 hour 1.53 $ 17.06

Signs $ 7.35 each 3 signs 0.089 $ 1.96

Post Sign $33.44/hr 0.50 hour 0.36 $ 5.95

Expected Cost (costREI,i,a

B) $ 65.31

2621 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

2622

2623 Since greenhouses must always post REI warning signs, as well as provide oral notification for 

2624 certain products, baseline costs are greater than for outdoor production. Costs are estimated to 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

71

2625 be about $132 per year for a small greenhouse and $180 per year for a large greenhouse, where 

2626 the largest proportion of costs is from the posting of signs.

2627

2628 Associated with the per-farm cost of notification is the per-worker cost of receiving the 

2629 information, the reciprocal of the employer providing the information. That is, each worker 

2630 spends three minutes receiving a notification. If a large-small farm makes 20 applications 

2631 necessitating notification and, coincidentally, 94.3 percent of workers employed on large-small 

2632 farms work on farms using pesticides, we would expect 18.7 notifications per worker per year. 

2633 However, workers will not always be on the farm during the application or when a REI is in 

2634 effect. Assuming the worker is present in 80 percent of cases, the average worker would receive 

2635 15.1 notifications of pesticide applications each year at an opportunity cost of $11.04 per year. 

2636 Depending on farm size, the per worker cost may be as low as $7.74 per year on large farms, as 

2637 we assume that large farms will typically post a REI rather than try to inform all the workers. 

2638 Expected per-worker cost for a greenhouse ranges from $0.59 to $0.92 per year because only the 

2639 few applications involving ‘double notification’ products will result in oral notification.

2640

2641 Provide information to workers entering treated fields during the REI. Workers may be sent into 

2642 a field during the restricted entry period if the situation meets criteria specified in the WPS. 

2643 Prior to entering the field, workers must have either read the product labeling or been informed 

2644 of the labeling requirements related to hazard or safety. EPA assumes that gathering the 

2645 currently required information takes 1 minute as it comes directly from the pesticide label. 

2646 Further, EPA assumes that providing the information takes 3 minutes. Several assumptions go 

2647 into calculating the probability of an early entry event:

2648  EPA assumes that there will be an early entry event about 1 for every 50 applications or 

2649 2% of applications.

2650  Assuming 20 applications farm per year, there is a 40% probability a WPS farm applying 

2651 pesticides will have an early entry event.

2652  The probability is further weighted by the likelihood of WPS farms using pesticides in 

2653 any given year, calculated as the proportion of WPS farms using pesticides in 2012

2654 (NASS, 2012 and 2008b), which varies by the size of the farm.

2655 Table 3.3-20 presents the calculation for a medium-small farm, where the likelihood of using 

2656 pesticides is 79.5 percent, leading to a probability of an early entry event of 0.318 or 31.8 percent 

2657 per year. The expected cost for a medium-small WPS farm is $0.71 per year and the cost ranges 

2658 from $0.47 to $0.84 per year for small-small to large WPS farms. See Appendix B for details.

2659

2660 Table 3.3-20. Per Medium-Small WPS Farm Baseline Costs, Information for Early Entry.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j /Mr,i,j

annual 

frequency

freq (j|i)

cost

Gather Information $33.44/hr 0.017 hour 0.318 $ 0.18

Provide Information $33.44/hr 0.05 hour 0.318 $ 0.53

Expected Cost (costEarlyEntry,i,a

B) $ 0.71

2661 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

2662

2663 Again, there is an associated cost per worker for the three minutes spent receiving the 

2664 information prior to entry. As above, there is a 40 percent chance of an event entailing early 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

72

2665 entry into a treated field. EPA assumes that 50 percent of workers on a farm would be involved 

2666 in any such activity, implying a 20 percent chance for each worker. This is weighted by the 

2667 likelihood of a worker being employed on a farm that uses pesticides. For a medium-small WPS 

2668 farm, this is 84.1 percent. Calculated costs range from $0.07 to $0.14 per worker, on average.

2669

2670 Safety displays. Currently, a single safety poster is required at the establishment’s central 

2671 location. Some establishments may have multiple ‘central’ locations, as fields may be widely 

2672 dispersed, but as the WPS revisions only add posting locations, the the existing diversity among 

2673 farms does not alter the incremental costs. According to an on-line source of WPS materials, a 

2674 safety poster costs $6.25 (Gempler’s, 2014). Other key assumptions are:

2675  it takes 2 minutes to set up the safety poster and

2676  a poster lasts about 3 years, so one-third of WPS farms will need to purchase a sign.

2677 The probability that a poster is purchased or displayed is weighted by the likelihood that a WPS 

2678 farm uses pesticides, which varies across size and whether production is in a greenhouse or 

2679 outdoors. EPA estimates the expected cost of the safety display to range from $1.68 to $3.03 per 

2680 year, on average.

2681

2682 Baseline Notification Costs. Table 3.3-21 presents the estimated costs of the individual 

2683 components of the notification requirements, by actor, and the total baseline notification costs.

2684

2685 Table 3.3-21. Per-Actor Baseline Costs, Notification.

Actor

REI 

Notification

Early Entry 

Information Safety Display Total

Large WPS Farm $136.58 $ 0.84 $ 3.02 $140.45

Large-Small 

WPS Farm $ 65.31 $ 0.84 $ 3.02 $ 69.16

Medium-Small 

WPS Farm $ 53.75 $ 0.71 $ 2.54 $ 57.00

Small-Small 

WPS Farm $ 35.20 $ 0.47 $ 1.68 $ 37.35

Large WPS 

Greenhouse $179.76 $ 0.66 $ 2.38 $182.80

Small WPS 

Greenhouse $131.64 $ 0.49 $ 1.74 $133.87

Large HandlerOnly Farm $ 0.00 $ 0.00 $ 2.72 $ 2.72

Small HandlerOnly Farm $ 0.00 $ 0.00 $ 2.01 $ 2.01

Worker, Large 

WPS Farm $ 7.74 $ 0.14 $ 0.00 $ 7.88

Worker, LargeSmall WPS Farm $ 11.04 $ 0.14 $ 0.00 $ 11.17

Worker, Other 

Small WPS Farm $ 9.63 $ 0.12 $ 0.00 $ 9.75
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

73

Actor

REI 

Notification

Early Entry 

Information Safety Display Total

Worker, Large 

Greenhouse $ 0.92 $ 0.12 $ 0.00 $ 1.04

Worker, Small 

Greenhouse $ 0.59 $ 0.07 $ 0.00 $ 0.67

2686 Source: EPA estimation. Numbers may not sum due to rounding.

2687

2688 The total cost for an establishment is a function of the per-establishment cost and the cost per 

2689 worker multiplied by the number of workers. Thus, a small greenhouse, which employs an

2690 average of five workers, would be expected to bear costs associated with these notification 

2691 requirements of $137.22 per year, including $133.87 in the cost of signs and employer time and 

2692 $3.35 in employee time.

2693

2694 Step 2. Calculate Costs under Revised Regulatory Requirement

2695

2696 Posting warning signs. The costs associated with the new posting requirements are the material 

2697 expense of additional signs and labor costs of posting signs more frequently. Offsetting some of 

2698 these costs is a reduction in the time required to verbally inform employees of REIs. Table 3.3-

2699 20 presents the calculations for a large-small farm. We assume that 40 percent of the time signs 

2700 will be required due to an REI greater than 48 hours while oral notification occurs 70 percent of 

2701 the time. Double notification is still required for ten percent of applications. The assumption 

2702 that 40 percent of applications, or eight out of 20, are associated with a REI of more than 48 

2703 hours is somewhat conservative. Long REIs, especially in fruit and vegetable production, can 

2704 impede routine but necessary activities. As shown in Table 3.3-22, the estimated cost for a 

2705 large-small farm is $132 per year, on average, compared to $65 per year in the baseline. The 

2706 expected per-establishment cost ranges between $65 and $137, where large farms with many 

2707 workers are not expected to be impacted since posting is probably less costly than orally 

2708 informing a large number of workers.

2709

2710 Table 3.3-22. Per-Large-Small WPS Farm Costs, Post REI warning signs.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j /Mr,i,j

annual 

frequency

freq (j|i)

cost

Oral Notification $33.44/hr 0.05 hour 14.5 $ 24.29

Signs $ 7.35 each 4 signs 0.383 $ 11.25

Post Sign $33.44/hr 0.333 hour 6.12 $ 68.26

Signs $ 7.35 each 6 signs 0.089 $ 3.92

Post Sign $33.44/hr 0.50 hour 1.42 $ 23.81

Expected Cost 

(costREI,i,a

F)

$131.53

2711 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

2712

2713 Due to less frequent oral notifications, the expected cost decreases to $7 to $8 per-worker per 

2714 year compared to $8 to $11 in the baseline.

2715
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

74

2716 The rule will give greenhouse employers the option of orally notifying workers if the REI is less 

2717 than four hours. Large greenhouses may not find this option attractive, if it means notifying a 

2718 large number of workers, but it may reduce some posting costs for small greenhouses. EPA 

2719 estimates that costs for small greenhouses may be around $111 per year under the rule, compared 

2720 to $132 per year in the baseline. However, there will be some costs to notifying workers, 

2721 increasing the cost per worker to about $1.80 per year compared to $0.60 per year in the 

2722 baseline.

2723

2724 Provide information to workers entering treated fields during the REI. The revisions expand the 

2725 information employers will be required to provide workers entering a field while the REI is still 

2726 in effect. As a result, the employer will spend more time than in the baseline to gather and 

2727 disseminate the information. Table 3.3-23 provides the estimates for a medium-small WPS farm. 

2728 Across the types and sizes of WPS farms, expected costs range from $1.41 to $2.53.

2729

2730 Table 3.3-23. Per Medium-Small WPS Farm Costs, Information for Early Entry.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j /Mr,i,j

annual 

frequency

freq (j|i)

cost

Gather Information $33.44/hr 0.167 hour 0.318 $ 1.06

Provide Information $33.44/hr 0.167 hour 0.318 $ 1.06

Expected Cost 

(costEarlyEntry,i,a

F)

$ 2.13

2731 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

2732

2733 The expected cost per worker increases as a function of the time spent to receive the expanded 

2734 information. The estimated range is from $0.15 per worker in a small greenhouse to $0.28 per 

2735 worker on a large WPS farm. Costs are calculated as the average across all workers on an 

2736 establishment considering that an early entry event may not happen every year.

2737

2738 Safety displays. Under the revised requirements, WPS farms will have to place safety displays 

2739 along with decontamination supplies, if there are 11 or more workers and handlers in the treated 

2740 area, and at permanent decontamination sites. For most establishments, the permanent 

2741 decontamination site will be the main location at which displays are maintained in the baseline. 

2742 Further, the employer will be required to provide contact information for medical facilities and 

2743 for the state agency responsible for WPS enforcement on the safety information display

2744

2745 Farms producing fruits and vegetables often employ large work crews at harvest and EPA 

2746 anticipates that the large and large-small farms of this type will be those impacted by the 

2747 requirement for the additional safety display. Large greenhouses, which average over 100 

2748 workers, will also likely have situations where more than 10 workers are at a treated area.

2749

2750 Table 3.3-24 presents the calculation of expected costs for a large-small farm. EPA assumes that 

2751 a poster is replaced about every three years. Given that 94.3% of large-small farms are estimated 

2752 to use pesticides in a given year (Appendix A), 31.4% of farms are expected to purchase a 

2753 display for the central posting each year. EPA assumes that adding contact information to the 

2754 display will take about three minutes. All large-small farms using pesticides must post the 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

75

2755 display. Further, EPA estimates that there are about 13,500 large-small fruit and vegetable farms 

2756 using pesticides (Appendix A), implying almost 4,500 purchasing signs each year, or 4.4% of 

2757 102,024 large-small farms and nurseries. Farms of this size will likely find one display to be 

2758 sufficient, to which contact information must be added. EPA assumes that a large-small 

2759 fruit/vegetable farm will have 4 occasions/year, on average, to employ a crew of 11 or more, 

2760 based on information on the number of blocks of fruit on a typical Washington fruit farm 

2761 (NASS, 2008). Thus, EPA estimates almost 54,000 display or an average of 0.5 across all large2762 small farms and nurseries. Given these parameters, EPA estimates that, across all large-small 

2763 farms, the average cost of the final requirements for safety displays is $4.48 per year. See 

2764 Appendix B for details about farms of other sizes.

2765

2766 Table 3.3-24. Per-Large-Small WPS Farm Costs, Safety Displays.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j /Mr,i,j

annual 

frequency

freq (j|i)

cost

Central Poster $ 6.25 each 1 display 0.314 $ 1.97

Add Contact Information $33.44/hr 0.05 hour 0.314 $ 0.53

Post Central Display $33.44/hr 0.033 hour 0.943 $ 1.05

Decontamination Displays $ 6.25 each 1 display 0.044 $ 0.28

Add Contact Information $33.44/hr 0.05 hour 0.044 $ 0.07

Post Decontamination 

Displays $33.44/hr 0.033 hour 0.529 $ 0.59

Expected Cost (costSafetyDisplay,i,a

F) $ 4.48

2767 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

2768

2769

2770 Notification Costs under Revised WPS. Table 3.3-25 presents the estimated costs of the 

2771 individual components of the notification requirements, by actor, and the total notification costs

2772 under the revised WPS.

2773

2774 Table 3.3-25. Per-Actor Costs under Revisions, Notification.

Actor

REI 

Notification

Early Entry

Information Safety Display Total

Large WPS Farm $136.58 $ 2.53 $ 5.72 $144.83

Large-Small 

WPS Farm $131.53 $ 2.52 $ 4.48 $138.53

Medium-Small 

WPS Farm $106.33 $ 2.13 $ 2.99 $111.44

Small-Small 

WPS Farm $ 65.07 $ 1.41 $ 1.98 $ 68.46

Large WPS 

Greenhouse $179.76 $ 1.99 $ 14.05 $195.80

Small WPS 

Greenhouse $111.33 $ 1.46 $ 2.05 $114.84
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

76

Actor

REI 

Notification

Early Entry

Information Safety Display Total

Large HandlerOnly Farm $ 0.00 $ 0.00 $ 3.19 $ 3.19

Small HandlerOnly Farm $ 0.00 $ 0.00 $ 3.03 $ 3.03

Worker, Large 

WPS Farm $ 7.74 $ 0.28 $ 0.00 $ 8.02

Worker, LargeSmall WPS Farm $ 7.73 $ 0.28 $ 0.00 $ 8.00

Worker, Other 

Small WPS Farm $ 6.74 $ 0.24 $ 0.00 $ 6.98

Worker, Large 

Greenhouse $ 0.92 $ 0.23 $ 0.00 $ 1.15

Worker, Small 

Greenhouse $ 1.78 $ 0.15 $ 0.00 $ 1.93

2775 Source: EPA estimation. Numbers may not sum due to rounding.

2776

2777 Again, the total cost for an establishment is a function of the per-establishment cost and the cost 

2778 per worker multiplied by the number of workers. For example, a small greenhouse, which 

2779 employs an average of five workers, would be expected to bear costs associated with these 

2780 notification requirements of $124.49 per year, including $114.84 in the cost of signs and 

2781 employer time and $9.65 in employee time. This is a decrease from the baseline of almost 

2782 $13.00 per year due to the cost savings from the option to notify workers orally for REIs of four 

2783 hours or less.

2784

2785 Step 3. Estimate Regional Level Baseline and Compliance Costs

2786 We estimate the regional level baseline and compliance costs by multiplying by the number of 

2787 establishments or workers in each region that are affected by the requirements and summing 

2788 across the various actors.

2789

RCr,i

X

t

= ∑costr,a

X

t

× Na,i

t

a

2790

2791

2792 In this case, we examine the impacts of the three requirements separately before summing the 

2793 costs to determine the impacts of the notification component as a whole. Tables 3.3-26a-d

2794 present the baseline costs for REI notification, where the number of actors is presented in Section

2795 3.2. Under current requirements, the national cost is estimated to be $38.4 million per year.

2796
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

77

2797 Table 3.3-26a. Regional Baseline Costs, REI Notification Requirements, Farms with 

2798 Workers

Large WPS 

Farm

Large-Small 

WPS Farm

MediumSmall WPS 

Farm

Small-Small 

WPS Farm WPS Farm

RCRi

B

t=1

($1,000)

costREI,a

B $136.58 $ 65.31 $ 53.75 $ 35.20

Region Ni at

South 8,649 15,610 12,584 10,835 $ 3,258

California 3,392 6,121 4,935 4,249 $ 1,278

Southwest 1,922 3,469 2,796 2,408 $ 724

Subtropical 1,526 2,755 2,221 1,912 $ 575

Midwest 12,211 22,037 17,766 15,296 $ 4,600

Northeast 5,992 10,815 8,718 7,506 $ 2,257

Ohio Valley 12,550 22,649 18,259 15,721 $ 4,728

Texas/Mt West 7,236 13,059 10,528 9,064 $ 2,726

Northwest 3,053 5,509 4,441 3,824 $ 1,150

U.S. 56,532 102,024 82,248 70,816 $21,297

2799 Source: EPA estimates. Numbers may not sum due to rounding.

2800

2801 Table 3.3-26b. Regional Baseline Costs, REI Notification Requirements, Farm and 

2802 Nursery Workers

Worker 

Large WPS 

Farm

Worker 

Large-Small 

WPS Farm

Worker 

MediumSmall WPS 

Farm

Worker 

Small-Small 

WPS Farm

WPS Farmworkers 

RCRi

B

t=1

($1,000)

costNOTIFY,a

B $ 7.74 $ 11.04 $ 9.63 $ 9.63

Region Ni at

South 117,910 52,326 32,038 20,669 $ 1,998

California 169,871 75,385 46,157 29,777 $ 2,878

Southwest 32,975 14,634 8,960 5,780 $ 559

Subtropical 43,967 19,511 11,946 7,707 $ 745

Midwest 133,898 59,421 36,382 23,471 $ 2,268

Northeast 118,910 52,770 32,310 20,844 $ 2,015

Ohio Valley 153,883 68,290 41,812 26,974 $ 2,607

Texas/Mt West 79,939 35,475 21,721 14,013 $ 1,354

Northwest 147,888 65,629 40,183 25,923 $ 2,505

U.S. 999,240 443,442 271,509 175,158 $16,929

2803 Source: EPA estimates. Numbers may not sum due to rounding.

2804

2805 Table 3.3-26c. Regional Baseline Costs, REI Notification Requirements, Greenhouses

Large WPS 

Greenhouse

Large WPS 

Greenhouse

Worker 

Large WPS 

Greenhouse

Worker 

Small WPS 

Greenhouse

WPS 

Greenhouse

RCRi

B

t=1

($1,000)

costNOTIFY,a

B $179.76 $131.64 $ 0.92 $ 0.59

Region Ni at

South 22 123 1,932 511 $ 22

California 9 48 2,784 736 $ 11

Southwest 5 27 540 143 $ 5
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

78

Large WPS 

Greenhouse

Large WPS 

Greenhouse

Worker 

Large WPS 

Greenhouse

Worker 

Small WPS 

Greenhouse

WPS 

Greenhouse

RCRi

B

t=1

($1,000)

costNOTIFY,a

B $179.76 $131.64 $ 0.92 $ 0.59

Region Ni at

Subtropical 4 22 720 191 $ 4

Midwest 31 173 2,194 580 $ 31

Northeast 15 85 1,948 515 $ 16

Ohio Valley 32 178 2,522 667 $ 32

Texas/Mt West 19 103 1,310 347 $ 18

Northwest 8 43 2,423 641 $ 10

U.S. 145 803 16,374 4,331 $ 149

2806 Source: EPA estimates. Numbers may not sum due to rounding.

2807

2808 Table 3.3-26d. Regional Baseline Costs, REI Notification Requirements, Total

Region

WPS Farm WPS FarmworkersWPS 

Greenhouse

RCRiB

1

($1,000)

South $ 3,258 $ 1,998 $ 22 $ 5,278

California $ 1,278 $ 2,878 $ 11 $ 4,167

Southwest $ 724 $ 559 $ 5 $ 1,288

Subtropical $ 575 $ 745 $ 4 $ 1,324

Midwest $ 4,600 $ 2,268 $ 31 $ 6,899

Northeast $ 2,257 $ 2,015 $ 16 $ 4,288

Ohio Valley $ 4,728 $ 2,607 $ 32 $ 7,367

Texas/Mt West $ 2,726 $ 1,354 $ 18 $ 4,099

Northwest $ 1,150 $ 2,505 $ 10 $ 3,665

U.S. $21,297 $16,929 $ 149 $38,375

2809 Source: EPA estimates. Numbers may not sum due to rounding.

2810

2811 Tables 3.3-27a-d present the estimates of regional costs under the final REI notification 

2812 requirements. Summing the per-farm/firm and per-employee costs results in an estimate of 

2813 $48.8 million dollars per year. This is an increase of $10.4 million over the baseline. 

2814 Considering that EPA estimates nearly 313,000 farms employing farmworkers will be impacted, 

2815 this represents an average incremental cost of around $33.40 per year per farm, nursery, and 

2816 greenhouse.

2817

2818 Table 3.3-27a. Regional Costs under Final Rule, REI Notification Requirements, Farms 

2819 with Workers

Large WPS 

Farm

Large-Small 

WPS Farm

MediumSmall WPS 

Farm

Small-Small 

WPS Farm WPS Farm

RCRi

F

t=1

($1,000)

costNOTIFY,a

F $136.58 $131.53 $106.33 $ 65.07

Region Ni at

South 8,649 15,610 12,584 10,835 $ 5,278

California 3,392 6,121 4,935 4,249 $ 2,070

Southwest 1,922 3,469 2,796 2,408 $ 1,173

Subtropical 1,526 2,755 2,221 1,912 $ 931
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

79

Large WPS 

Farm

Large-Small 

WPS Farm

MediumSmall WPS 

Farm

Small-Small 

WPS Farm WPS Farm

RCRi

F

t=1

($1,000)

costNOTIFY,a

F $136.58 $131.53 $106.33 $ 65.07

Region Ni at

Midwest 12,211 22,037 17,766 15,296 $ 7,451

Northeast 5,992 10,815 8,718 7,506 $ 3,658

Ohio Valley 12,550 22,649 18,259 15,721 $ 7,658

Texas/Mt West 7,236 13,059 10,528 9,064 $ 4,415

Northwest 3,053 5,509 4,441 3,824 $ 1,863

U.S. 56,532 102,024 82,248 70,816 $34,494

2820 Source: EPA estimates. Numbers may not sum due to rounding.

2821

2822 Table 3.3-27b. Regional Costs under Final Rule, REI Notification Requirements, Farm 

2823 and Nursery Workers

Worker 

Large WPS 

Farm

Worker 

Large-Small 

WPS Farm

Worker 

MediumSmall WPS 

Farm

Worker 

Small-Small 

WPS Farm

WPS Farmworkers 

RCRi

F

t=1

($1,000)

costNOTIFY,a

F $ 7.74 $ 7.73 $ 6.74 $ 6.74

Region Ni at

South 117,910 52,326 32,038 20,669 $ 1,672

California 169,871 75,385 46,157 29,777 $ 2,409

Southwest 32,975 14,634 8,960 5,780 $ 468

Subtropical 43,967 19,511 11,946 7,707 $ 624

Midwest 133,898 59,421 36,382 23,471 $ 1,899

Northeast 118,910 52,770 32,310 20,844 $ 1,686

Ohio Valley 153,883 68,290 41,812 26,974 $ 2,182

Texas/Mt West 79,939 35,475 21,721 14,013 $ 1,134

Northwest 147,888 65,629 40,183 25,923 $ 2,097

U.S. 999,240 443,442 271,509 175,158 $14,171

2824 Source: EPA estimates. Numbers may not sum due to rounding.

2825

2826 Table 3.3-27c. Regional Costs under Final Rule, REI Notification Requirements, 

2827 Greenhouses

Large WPS 

Greenhouse

Large WPS 

Greenhouse

Worker 

Large WPS 

Greenhouse

Worker 

Small WPS 

Greenhouse

WPS 

Greenhouse

RCRi

F

t=1

($1,000)

costNOTIFY,a

F $179.76 $111.33 $ 7.74 $ 7.73

Region Ni at

South 22 123 1,932 511 $ 20

California 9 48 2,784 736 $ 11

Southwest 5 27 540 143 $ 5

Subtropical 4 22 720 191 $ 4

Midwest 31 173 2,194 580 $ 28

Northeast 15 85 1,948 515 $ 15

Ohio Valley 32 178 2,522 667 $ 29
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

80

Large WPS 

Greenhouse

Large WPS 

Greenhouse

Worker 

Large WPS 

Greenhouse

Worker 

Small WPS 

Greenhouse

WPS 

Greenhouse

RCRi

F

t=1

($1,000)

costNOTIFY,a

F $179.76 $111.33 $ 7.74 $ 7.73

Region Ni at

Texas/Mt West 19 103 1,310 347 $ 17

Northwest 8 43 2,423 641 $ 10

U.S. 145 803 16,374 4,331 $ 138

2828 Source: EPA estimates. Numbers may not sum due to rounding.

2829

2830 Table 3.3-27d. Regional Costs under Final Rule, REI Notification Requirements, Total

Region

WPS Farm WPS FarmworkersWPS 

Greenhouse

RCRiF

1

($1,000)

South $ 5,278 $ 1,672 $ 20 6,970

California $ 2,070 $ 2,409 $ 11 4,489

Southwest $ 1,173 $ 468 $ 5 1,645

Subtropical $ 931 $ 624 $ 4 1,559

Midwest $ 7,451 $ 1,899 $ 28 9,378

Northeast $ 3,658 $ 1,686 $ 15 5,358

Ohio Valley $ 7,658 $ 2,182 $ 29 9,869

Texas/Mt West $ 4,415 $ 1,134 $ 17 5,566

Northwest $ 1,863 $ 2,097 $ 10 3,970

U.S. $34,494 $14,171 $ 138 $48,803

2831 Source: EPA estimates. Numbers may not sum due to rounding.

2832

2833 Table 3.3-28 presents the regional baseline costs of the three notification requirements, along 

2834 with the total costs for notification component. Providing the required information for early 

2835 entry activities is estimated to cost $481,000 per year nationally while providing pesticide safety 

2836 displays at central locations costs $973,000 per year. Together with REI notifications, the 

2837 notification requirements are estimated to cost WPS farms about $39.8 million per year.

2838

2839 Table 3.3-28. Regional Baseline Costs, Notification Requirements, Total

Region

REI 

Notifications

Early Entry 

Information

Pesticide Safety 

Displays

RCRiB

1

($1,000)

South $ 5,278 $ 65 $ 149 $ 5,492

California $ 4,167 $ 57 $ 58 $ 4,282

Southwest $ 1,288 $ 16 $ 33 $ 1,337

Subtropical $ 1,324 $ 17 $ 26 $ 1,368

Midwest $ 6,899 $ 83 $ 210 $ 7,192

Northeast $ 4,288 $ 54 $ 103 $ 4,445

Ohio Valley $ 7,367 $ 89 $ 216 $ 7,672

Texas/Mt West $ 4,099 $ 49 $ 124 $ 4,272

Northwest $ 3,665 $ 50 $ 53 $ 3,768

U.S. $38,375 $ 481 $ 973 $39,828

2840 Source: EPA estimates. Numbers may not sum due to rounding.
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

81

2841

2842 The estimated regional costs under the final rule are presented in Table 3.3-29. In total, 

2843 notification requirements under the final WPS are expected to cost $51.4 million per year. Early 

2844 entry information is estimated to cost $1.2 million per year, an increase of $706,000. Given 

2845 nearly 313,000 WPS farms that may be impacted, the cost per WPS farm is around $2.25 per 

2846 year. Pesticide safety displays are expected to cost almost $1.4 million per year, implying an 

2847 incremental cost of $389,000 per year. Almost 375,000 WPS farms may be affected, including 

2848 farms that do not employ workers for hand labor activities. On average, the cost per WPS farm 

2849 is just over $1.00 per year, but costs will be higher for farms using large labor crews.

2850

2851 Table 3.3-29. Regional Costs under Final Rule, Notification Requirements, Total

Region

REI 

Notifications

Early Entry 

Information

Pesticide Safety 

Displays

RCRiF

1

($1,000)

South 6,970 $ 164 $ 208 $ 7,342

California 4,489 $ 127 $ 82 $ 4,699

Southwest 1,645 $ 40 $ 46 $ 1,731

Subtropical 1,559 $ 41 $ 37 $ 1,636

Midwest 9,378 $ 215 $ 294 $ 9,886

Northeast 5,358 $ 132 $ 144 $ 5,634

Ohio Valley 9,869 $ 229 $ 302 $10,400

Texas/Mt West 5,566 $ 127 $ 174 $ 5,867

Northwest 3,970 $ 112 $ 74 $ 4,155

U.S. $48,803 $ 1,187 $ 1,362 $51,352

2852 Source: EPA estimates. Numbers may not sum due to rounding.

2853

2854 Step 4. Calculate the Present Value of Costs.

2855 There are no changes over time in the requirements for notification. Thus, the PV of costs over 

2856 the ten-year time horizon is simply the annual regional costs multiplied by 8.79, as explained in 

2857 Chapter 3.2.2.

2858

2859 Step 5. Estimate the Regional Incremental Cost of the Potential Requirement.

2860 Table 3.3-30 presents the PV of notification costs under the final rule, under the baseline, and the 

2861 incremental costs of the revisions. Incremental costs vary substantially across regions due to 

2862 differences in the number of farms and workers covered by the WPS.

2863
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

82

2864 Table 3.3-30. PV of Final, Baseline, and Incremental Costs, Notification.

Region PV(RCo

F

i) PV(RCo

B

i) PV(RICo i) Annual RIC

($1,000)

South $64,510 $ 48,250 $16,259 $ 1,851

California $41,282 $ 37,621 $3,661 $ 417

Southwest $15,211 $ 11,747 $3,464 $ 394

Subtropical $14,378 $ 12,018 $2,361 $ 269

Midwest $86,836 $ 63,193 $23,670 $ 2,694

Northeast $49,505 $ 39,058 $10,447 $ 1,189

Ohio Valley $91,378 $ 67,408 $23,970 $ 2,728

Texas/Mountain West $51,551 $ 37,537 $14,013 $ 1,595

Northwest $36,508 $ 33,103 $3,405 $ 388

National $451,186 $349,936 $101,251 $11,524

2865 Source: EPA estimates. NPV calculated over 10 years using a 3% discount rate.

2866

2867 Steps 6 and 7. Estimate National Level Incremental Cost of the Requirement.

2868 The PV national incremental cost of revisions to the notification requirements is estimated to be 

2869 $101 million over ten years, or about $11.5 million dollars annually. EPA estimates that there 

2870 are 374,794 affected farms implying an annual cost of about $30.75 per farm. The cost per farm 

2871 varies considerably across the type of farm, however. Estimated incremental costs range from 

2872 only less than $0.50 per year for a farm that employs handlers, but not field workers, to $44 per 

2873 year for a small farm that employs field workers. EPA estimates that small farms employing 

2874 field workers incur higher costs than other kinds of farms because the requirement to post REIs 

2875 longer than 48 hours. Large farms, employing many workers, are already likely to post REIs 

2876 rather than try to orally notify all workers. However, the cost to small farms may be 

2877 overestimated since it is assumed that all workers are present throughout the entire growing 

2878 season implying that they must be notified of all applications. If most workers are present only 

2879 during the harvest season, notification and posting of many early season pesticide applications 

2880 are unnecessary.

2881

2882 Using more refined estimates of farmworkers implies that 272,172 farms would be impacted by 

2883 revisions to the notification requirements at a total annual cost of $3.4 to $3.6 million. The 

2884 estimated cost per farm would be less than $15 per year, on average, because so many of the 

2885 farms, 182,263, would be considered ‘handler-only’ and would not be impacted by either the 

2886 REI or early entry requirements in either the baseline or under the final rule. If all 465,766 farms 

2887 estimated to produce crops and hire labor employ workers in hand labor activities, the 

2888 incremental cost of the revisions to the notification requirements is estimated to cost $16.4 

2889 million per year for an average of $35 per year per farm.

2890

2891 3.3.4 Age

2892

2893 EPA is placing minimum age restrictions on pesticide handlers and on field workers who enter 

2894 areas subject to an REI if they are not an exempted family member. These restrictions could 

2895 raise labor costs for agricultural enterprises by necessitating the employment of older, better paid 

2896 employees in place of younger, lower paid staff.
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

83

2897

2898 Step 1. Calculate Baseline Costs

2899 In estimating the impact of age requirements, our approach differs slightly from the methodology 

2900 described in Chapter 3.3.1. The baseline in these situations is not the cost of complying with 

2901 current requirements; the baseline is current labor costs. Impacts are estimated as the difference 

2902 with labor costs under the new requirement.

2903

2904 Minimum age for pesticide handlers. There is currently no federal age restriction within the 

2905 WPS although the Department of Labor restricts youths under 16 years of age from handling 

2906 pesticides classified as Category I or II toxicity. California has a minimum age of 18 for 

2907 handling pesticides in toxicity categories I and II and a few states have set minimum age 

2908 requirements for handlers of Restricted Use Pesticides.

2909

2910 Table 3.3-31 presents the estimated labor costs of using different age categories for handling 

2911 tasks. EPA has found no data regarding wage differentials by age categories, but it seems 

2912 reasonable that factors such as age and experience would contribute to higher wages. We 

2913 assume that 14 to 15-year olds are paid 60 percent of the hourly wage of adults and that 16 to 17 

2914 year olds are paid 75 percent of adult wages. The unloaded wage rate for adult handlers is 

2915 $13.70 per hour (BLS, 2014b). EPA calculates the wage for adolescent handlers on-farm to be 

2916 $8.22 per hour for 14 and 15 year olds and $10.28 per hour for 16 and 17 year olds. The former 

2917 is somewhat higher than the federal minimum wage of $7.25 per hour and seems reasonable for 

2918 an adolescent in a skilled position. Loaded wages are, therefore, $12.03 and $15.03 per hour for 

2919 14 and 15 year olds and for 16 and 17 year olds, respectively.

2920

2921 Among employees surveyed by the National Agricultural Workers Survey (DoL, 2005), who 

2922 indicate having mixed or applied pesticides in the previous five years, 0.41 percent were 14- and 

2923 15-year olds, 1.87 percent were 16- and 17-year olds and the rest were 18 years and older. This 

2924 proportion is then weighted by the likelihood that a handler works on a farm that uses pesticides. 

2925 Table 3.3-31 presents the overall average for a WPS farm that employs farmworkers. The 

2926 survey further indicated that handlers under the age of 18 performed on average 50 hours per 

2927 year of handler-related activities. Given the wages, hours worked, and the proportion of 

2928 adolescent handlers, we calculate an expected cost per WPS handler for these tasks of about 

2929 $15.60 per handler per year. For a WPS farm that only employs handlers, the expected cost is 

2930 $13.70 per handler per year since the proportion of those farms using pesticides is somewhat 

2931 lower than that for farms employing farmworkers.

2932

2933 Table 3.3-31. Baseline Labor Costs for Handlers, by Age, WPS Farm

Age Category and 

Establishment

Wage/Hour Hours 

Worked

Proportion 

of workers

Total Labor 

Cost

14-15 Year Old $ 12.03 50 0.004 $ 2.33

16-17 Year Old $ 15.03 50 0.018 $13.27

Expected Cost (costLabor,i,a

B) $15.60

2934 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

2935

2936 The cost to CPHEs is estimated in a similar manner. However, there are no data estimating the 

2937 number of CPHE employees that are under 18 years of age. According to the Current Population 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

84

2938 Survey (BLS, 2014a), in 2013, about 77,000 people were employed in pest control occupations 

2939 within the category of Building and Grounds Cleaning and Maintenance, of which 1,000 were 

2940 aged 16 to 19, or 1.3 percent of the workforce. This occupational category does not exactly align 

2941 with agricultural handlers and potentially overstates the proportion of the workforce consisting of 

2942 adolescents due to the potential liabilities of applying pesticides to crops. EPA assumes that no

2943 handlers are less than 16 years of age due to the commercial nature of the work. Further, we 

2944 assume that these handlers work part time, but seasonally, spending on average 16 weeks on the 

2945 job and working 40 hours per week. This is likely an over estimation for what may be summer 

2946 employment. Labor costs assume that 16 and 17 year-olds are paid 75 percent of the average 

2947 adult wage. The expected labor cost, averaged across all workers, is estimated to be $145.15.

2948

2949 Minimum age for agricultural workers entering fields during the REI. As noted in the 

2950 Notification section (Chapter 3.3.3), entry during a restricted-entry interval may occur if there is 

2951 an emergency that threatens the crop or for certain tasks that have limited or no contact with 

2952 treated surfaces such as some irrigation activities. 

2953

2954 Table 3.3-32 presents the estimated baseline costs for adolescents who may be asked to engage 

2955 in agricultural activities in a field that is under a REI. The average unloaded wage rate of $10.01

2956 per hour is used to represent the wage of adult laborers. EPA has assumed that 16 and 17 year 

2957 old field workers would earn, on average, 60% of the average wage and 14 and 15 year old field 

2958 workers would earn about 50% of the average wage. Thus, the unloaded wage rates are 

2959 calculated as $6.01 per hour for 16 and 17 year olds and $5.01 per hour for 14 and 15 year olds. 

2960 EPA notes that the latter is approximately the special minimum wage of $4.25 per hour for 

2961 young workers during the first 90 days of employment with a given employer. Loaded wages 

2962 are calculated to be $8.79 and $7.32 per hour, respectively. The hours worked in these early 

2963 entry situations are expected to be of short duration, probably around four hours. For example, a 

2964 grower may need to reset irrigation equipment or place smudge pots to protect fruits or

2965 vegetables from a freeze.

2966

2967 Finally, the proportion of adolescent workers, out of all farm workers, engaged in these tasks will 

2968 be very small. In this analysis, EPA has assumed that there will be one early entry event for 

2969 every 50 pesticide applications and that, on average, half of the farm’s workers will be engaged 

2970 in associated tasks. As shown in the analysis of the costs of providing information to workers 

2971 engaged in early entry, less than one-third of all workers are estimated to be involved in early

2972 entry situations each year, on average. The fraction of workers under 18 is not known. 

2973 According to information analyzed by USDA (ERS, 2014), about 27 percent of farm laborers 

2974 and supervisors are under 25 years of age. Assuming a nearly uniform distribution over 11 years 

2975 between 14 and 25, we assume about five percent of workers under the age of 25 are 14, 7.5 

2976 percent are 15 and 16, and nine percent are 17 years old. Then only about 3.4 percent of the 

2977 farm labor workforce is under 16 and 4.5 percent are 16 and 17 years old. Weighting the 

2978 estimated proportion of workers involved in early entry activities by the estimated proportion of 

2979 adolescents in the workforce results in estimates of the proportion of adolescents in the 

2980 workforce that might engage in early entry activities. This fraction is then weighted by the 

2981 likelihood that a WPS farm worker is employed on an establishment that uses pesticides, 91.3 

2982 percent, resulting in the estimated fraction of adolescents engaged in early entry activities our of 

2983 all workers: 0.7 percent for 14 and 15 year olds and 0.8 percent for 16 and 17 year olds.
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

85

2984

2985 Table 3.3-32. Baseline Labor Costs for Early Entry, by Age

Age Category and 

Establishment

Wage/Hour Hours 

Worked

Proportion 

of workers

Total Labor 

Cost

Baseline, WPS Farm

14-15 Year Old $ 7.32 4 0.006 $ 0.18

16-17 Year Old $ 8.79 4 0.008 $ 0.29

Expected Cost (costLabor,i,a

B) $ 0.47

2986 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

2987

2988 EPA estimates a cost of $0.47 per worker per year, on average, for labor costs associated with 

2989 early entry activities by adolescents. This is an average across all workers, recognizing that the 

2990 age distribution of workers will vary across time and that event requiring early entry are 

2991 infrequent. If we consider the average large WPS farm that employs 18 workers, the expected 

2992 annual labor cost for early entry activities by adolescents would be about $8.50 per year, which 

2993 amounts to slightly more than one hour of labor.

2994

2995 Step 2. Calculate Costs under Revised Regulatory Requirement

2996 Minimum age for pesticide handlers. To calculate labor costs under the final rule, the time of 

2997 adolescent handlers is replaced by adult labor. For a WPS farm, the expected cost is estimated to 

2998 be $21.57 per handler per year ($18.95 for a farm with handlers only) and for a CPHE, the cost is 

2999 $193.54 per handler per year. See Table 3.3-33.

3000

3001 Table 3.3-33. Labor Costs for Handlers under Final Rule, by Age

Age Category and 

Establishment

Wage/Hour Hours 

Worked

Proportion 

of workers

Total Labor 

Cost

Final Rule, WPS Farm with fieldworkers

Expected Cost 

(costLabor,i,a

B)

$ 20.04 50 0.022 $ 21.57

Final Rule, WPS Farm without fieldworkers

Expected Cost 

(costLabor,i,a

B)

$ 20.04 50 0.019 $ 18.95

Final Rule, CPHE

Expected Cost 

(costLabor,i,a

B)

$ 23.26 640 0.013 $193.54

3002 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

3003

3004 Minimum age for agricultural workers entering fields during the REI. As it is unlikely that a 

3005 farm will solely employ adolescent workers, EPA expects that employers could replace any 

3006 under-age worker that might be involved in an early entry activity with a worker of minimum 

3007 age or older for these limited events. Thus, the requirement is likely to impose negligible costs 

3008 on employers although there may be some unquantifiable management costs associated with 

3009 shifting employees between tasks or across time.

3010
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86

3011 As an upper bound, however, we assume that the employer would have to substitute a higher 

3012 paid adult worker in place of the lower wage, adolescent worker. The expected cost is estimated 

3013 to be $0.84 per worker per year, given an adult wage rate of $14.64 per hour.

3014

3015 Step 3. Estimate Regional Level Baseline and Compliance Costs

3016 As per the methodology described in Section 3.3.2, we estimate the regional level baseline and 

3017 compliance costs by multiplying by the number of establishments or workers in each region that 

3018 are affected by the requirements and summing across the various actors.

3019

RCr,i

X

t

= ∑costr,a

X

t

× Na,i

t

a

3020

3021

3022 Table 3.3-34 presents the baseline costs, where the number of actors is presented in Section 3.2. 

3023 Under current requirements, the national cost for adolescent labor, in handler and early entry 

3024 activities, is estimated to be $7.5 million per year.

3025

3026 Table 3.3-34. Baseline Labor Costs, Minimum Age

WPS Handler

Farm with 

Fieldworkers

WPS Handler

Farm without 

Fieldworkers

CPHE 

Handler

WPS 

Worker

RCRi

B

t=1

costAge,a ($1,000) B $ 15.60 $ 13.70 $145.15 $ 0.47

South 32,993 13,002 2,076 225,386 $ 1,099

California 12,938 5,099 644 324,709 $ 517

Southwest 7,332 2,889 329 63,032 $ 231

Subtropical 1 5,822 2,295 372 84,042 $ 247

Midwest 46,578 18,356 3,480 255,947 $ 1,602

Northeast 22,858 9,008 1,360 227,297 $ 783

Ohio Valley 47,872 18,866 3,609 294,148 $ 1,666

Texas/Mt West 27,602 10,878 1,761 152,804 $ 906

Northwest 11,644 4,589 687 282,688 $ 476

U.S. 215,638 84,983 14,320 1,910,055 $ 7,528

3027 Source: EPA estimates. Numbers may not sum due to rounding.

1 3028 Baseline cost per WPS worker is $0.84 because of state minimum age of 18 for workers to engage in 

3029 early entry activities.

3030

3031 Table 3.3-35 presents the expected labor costs under the minimum age requirements. The 

3032 national cost, replacing adolescent labor in handler and early entry activities with adult labor, is 

3033 estimated to be $10.6 million per year.

3034
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

87

3035 Table 3.3-35. Labor Costs under Final Rule, Minimum Age Restrictions

WPS Handler

Farm with 

Fieldworkers

WPS Handler

Farm without 

Fieldworkers

CPHE 

Handler

WPS 

Worker

RCRi

F

t=1

costAge,a ($1,000) F $ 21.57 $ 18.95 $193.54 $ 0.84

South 32,993 13,002 2,076 225,386 $ 1,549

California 12,938 5,099 644 324,709 $ 772

Southwest 7,332 2,889 329 63,032 $ 329

Subtropical 1 5,822 2,295 372 84,042 $ 311

Midwest 46,578 18,356 3,480 255,947 $ 2,240

Northeast 22,858 9,008 1,360 227,297 $ 1,117

Ohio Valley 47,872 18,866 3,609 294,148 $ 2,335

Texas/Mt West 27,602 10,878 1,761 152,804 $ 1,270

Northwest 11,644 4,589 687 282,688 $ 708

U.S. 215,638 84,983 14,320 1,910,055 $10,632

3036 Source: EPA estimates. Numbers may not sum due to rounding.

3037

3038 Step 4. Calculate the Present Value of Costs.

3039 There are no changes over time in the age requirements. Thus, the PV of costs over the ten-year 

3040 time horizon is simply the annual regional costs multiplied by 8.79, as explained in Chapter 

3041 3.2.2.

3042

3043 Step 5. Estimate the Regional Incremental Cost of the Potential Requirement.

3044 Table 3.3-36 presents the PV of labor costs under the final rule, under the baseline, and the 

3045 incremental costs of the minimum age requirements. Incremental costs vary substantially across 

3046 regions due to the number of workers in each region.

3047

3048 Table 3.3-36. PV of Final, Baseline, and Incremental Costs, Minimum Age.

Region PV(RCo

F

i) PV(RCo

B

i) PV(RICo i) Annual RIC

($1,000)

South 13,632 9,677 3,955 450

California 6,793 4,545 2,248 256

Southwest 2,898 2,034 865 98

Subtropical 2,741 2,170 571 65

Midwest 19,726 14,111 5,616 639

Northeast 9,834 6,895 2,939 334

Ohio Valley 20,558 14,671 5,887 670

Texas/Mountain West 11,183 7,980 3,203 365

Northwest 6,227 4,189 2,038 232

National 93,593 66,272 27,321 3,110

3049 Source: EPA estimates. NPV calculated over 10 years using a 3% discount rate.

3050

3051 Steps 6 and 7. Estimate National Level Incremental Cost of the Requirement.

3052 The PV national incremental cost of imposing a minimum age for pesticide handlers and workers 

3053 entering a field under a REI is estimated to be $27.3 million over ten years, or about $3.1 million 

3054 dollars annually. Agricultural establishments bear slightly more than $2.4 million in annual 

3055 costs while costs to CPHEs is estimated to be about $700,000 annually. Given an estimated 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

88

3056 1,936 CPHEs, the cost per firm is around $360 per year. This cost is likely overstated as it is 

3057 based on very conservative assumptions regarding the amount of time adolescents are hired to 

3058 handle pesticides.

3059

3060 EPA estimates that there are 374,791 affected farms implying an annual cost of about $8.30 per 

3061 farm. The cost per farm varies considerably across the type of farm, however. Estimated costs 

3062 range from only about a dollar per year for a small farm that employs field workers, but not 

3063 handlers. Farms that employ handlers only are expected to bear costs of around seven dollars per 

3064 year. Large farms with both handlers and fieldworkers are expected to incur additional costs of 

3065 $10 to $30 per year.

3066

3067 If the number of farmworkers is lower than the number of employees reported in the Census of 

3068 Agriculture, then EPA estimates that 272,172 farms would be impacted by the minimum age 

3069 requirements at a total annual cost of about $2.9 million annually. If we use the number of 

3070 farmworkers estimated by USDA, the total cost of the minimum age requirement is estimated to 

3071 be $2.8 million per year, with an average cost per farm of $10.40, on average, with large WPS 

3072 farms incurring additional labor costs of about $30 per year, on average, and small WPS farms 

3073 incurring incremental costs of less than four dollars per year and about $1.50 per year if the farm 

3074 does not employ a handler.

3075

3076 These requirements could result in higher labor costs for agricultural establishments and CPHEs. 

3077 Labor, as a whole, could benefit from higher overall wages, but in that situation, there would be 

3078 transfer of wages from adolescents, who would lose employment opportunities, to adults.

3079

3080 3.3.5 Entry

3081

3082 Entry restrictions are designed to protect workers from unnecessary exposure to pesticide 

3083 residues. Unlike the training, hazard communication, and notification provisions, which require 

3084 farm operators, agricultural workers, or pesticide handlers to spend time providing or receiving 

3085 information or to purchase materials, the entry restrictions do not require specific activities or 

3086 materials. Primarily, the revisions provide greater specificity to existing regulations. At most, 

3087 the cost of changes in the regulations will be to increase the management burden of scheduling 

3088 work activities and pesticide applications to minimize conflicts. This burden is not readily 

3089 quantified and will be discussed qualitatively.

3090

3091 Entry into treatment areas. During an application, the employer must ensure that workers do not 

3092 enter into the area being treated; only appropriately trained and equipped handlers may be in the 

3093 area. Further, the handler must not apply a pesticide in a manner that results in contact to other 

3094 people.

3095

3096 In the final rule, EPA is establishing an “application exclusion zone” extending 25 to 100 feet 

3097 around the application equipment, depending on the application method. The employer must 

3098 keep workers out of this zone and the handler must cease application if he or she observes 

3099 someone other than a trained and equipped handler in the zone.

3100
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89

3101 Compared to the existing requirements, the application exclusion zone could require an employer 

3102 to move workers away from the edge of the treatment area as the application equipment passes. 

3103 This would be a very temporary disruption in any worker activity, however, and would not lead 

3104 to quantifiable impacts on the agricultural establishment. On the part of the handler, the 

3105 requirement to cease the application if someone is seen in the exclusion zone simply clarifies the 

3106 applicator’s responsibility and is unlikely to result in measureable costs.

3107

3108 Entry into treated areas under REI. Under certain situations, agricultural employers can send 

3109 workers into treated areas even during the REI. There is an exception from the prohibition to 

3110 enter an area under an REI when there is no possibility of contact, as when the person is in an 

3111 enclosed vehicle. The other exceptions are for short-term tasks, limited contact tasks, irrigation 

3112 tasks, and in the case of an agricultural emergency. Most exceptions require early entry 

3113 personnel to wear PPE, do not allow hand labor, and may include other limitations such as 

3114 specifying that contact with treated surfaces must be limited to feet, lower legs, hands and 

3115 forearms. A person is limited to one hour within the treated area under the short-term exception. 

3116 Limited contact and irrigation tasks exceptions are limited to eight hours within the treated area. 

3117 Hand labor activities are allowed in the case of an agricultural emergency, but there is currently 

3118 no limit on the time a worker may be in the treated area.

3119

3120 The final rule will impose a time limit of four hours for workers to be in the treated area in the 

3121 case of an agricultural emergency, if the pesticide product requires double notification. As 

3122 explained in Chapter 3.3.3, a double notification product is one which the Agency has 

3123 determined to pose sufficient risk to warrant that workers be informed both orally and by posting 

3124 that a REI is in effect. This new restriction is not expected to have measureable impacts. 

3125 Throughout this analysis, EPA assumes that the probability that a WPS farm will have an early 

3126 entry event is about 40 percent, assuming an event is associated with one in 50 pesticide 

3127 applications. This probability covers all early entry events, not just agricultural emergencies. 

3128 Further, EPA assumes that two of 20 annual pesticide applications, or ten percent, involve 

3129 double notification products, i.e., those requiring both oral notification and physical posting. 

3130 Since the probability of a problem occurring shortly after a pesticide application is independent 

3131 of the pesticide, the likelihood of a situation arising after the use of a double notification product 

3132 is small. Further, EPA assumes that not all workers would generally be involved in an early 

3133 entry event. The farm operator would, therefore, be able to reassign workers if the time limit is 

3134 reached. This will involve some management burden, but is unlikely to result in a significant 

3135 impact.

3136

3137 The exception, of course, would be small operations with only one worker or two workers, both 

3138 of whom are needed to address the emergency or one of whom has specialized skills that are 

3139 needed. Even in these situations, however, the impact of the potential requirements is likely 

3140 negligible as the tasks are expected to be of short duration. For example, a grower may need to 

3141 place smudge pots to protect fruits or vegetables from a freeze, a task that would not be of long 

3142 duration on a small operation. Note that the limit is on the amount of time spent in the treated 

3143 area, meaning that a worker could enter and exit the area multiple times, so long as cumulative 

3144 time within the treated area did not exceed four hours.

3145
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

90

3146 3.3.6 Personal Protective Equipment (PPE)

3147

3148 Protective gear is often required by the pesticide label to avoid unreasonable adverse effects that 

3149 might result from pesticide exposure when an individual is handling pesticides or entering fields 

3150 during a REI. The revisions to the WPS in this category are intended to improve the use and 

3151 efficacy of PPE. Specifically, the revisions will (1) impose a requirement that handlers must 

3152 obtain a respirator fit test before handling a pesticide that requires use of a respirator, (2) set 

3153 performance standards for closed systems that are used in place of some PPE, and (3) require 

3154 employees working under Certified Crop Advisors (CCAs) to wear PPE if entering a field under 

3155 a REI. Costs to establishments may be a combination of additional materials such as additional 

3156 equipment or more frequent changes in filters and additional time required for fit testing and 

3157 record keeping. Most actions or material will be required only of WPS farms that use products 

3158 that have certain label requirements, but costs are often assumed to affect a large proportion of

3159 WPS farms. This will lead to a substantial overestimation of costs.

3160

3161 Step 1. Calculate Baseline Costs

3162

3163 Respirator fit test. Currently, employers are required to insure that respirators fit properly but 

3164 there are no specific procedures for doing so. Thus, in the baseline, procedures are probably 

3165 minimal, consisting of some individual adjustments at the time of an application. As shown in 

3166 Table 3.3-37, EPA assumes this operation takes about six minutes of interaction, on average, 

3167 between the employer and the handler. Pesticides bearing label requirements for respirators are 

3168 not common, but there are a few commonly used pesticides with the requirement. EPA assumes 

3169 that about 60 percent of farms that primarily produce crops, i.e., not livestock operations, will 

3170 use these products. Accounting for the fact that not all farms will use pesticides every year, EPA 

3171 estimates about 40 percent of large farms and large-small farms will use a product requiring a 

3172 respirator. A farm is unlikely to need more than one handler when using these products, so for 

3173 ease we calculate costs at the farm level. Further, some handlers will undergo fit testing because 

3174 the requirement has been incorporated onto some product labels, for example, various soil 

3175 fumigants. The total estimated cost of a respirator fit test is estimated to be almost $180, as 

3176 detailed in Appendix B. Based on data of fumigant use from proprietary sources, EPA estimates 

3177 about 1,000 farms apply fumigants applications on farm, or about 0.4 percent of farms.

3178

3179 Table 3.3-37. Baseline Costs, per Large and Large-Small WPS farm, Respirator Fit.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j /Mr,i,j

annual 

frequency

freq (j|i)

cost

Employer instructs on 

proper use

$33.44/hr 0.10 hour 0.390 $ 1.31

Handler receives 

instructions on use $20.04/hr 0.10 hour 0.390 $ 0.78

Respirator fit test $178.59 1 0.004 $ 0.80

Expected Cost costr,i,a

B $ 2.88

3180 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

3181
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91

3182 EPA does not estimate costs for family farms whose operators use a respirator when required by 

3183 the label, although the handler undoubtedly spends some time familiarizing him or herself with 

3184 the use of a respirator, since this activity would be unchanged by the fit test requirement.

3185

3186 The cost for CPHE handlers to be fit tested are part of the baseline since they must be fit tested 

3187 under OSHA requirements. EPA assumes that CPHEs would mainly purchase fit test kits as 

3188 there would be several handlers to be tested, as required by OSHA. A new kit may be needed 

3189 every other year, while replacement tubes for the smoke or odor test would be needed every year. 

3190 Firm level costs are estimated to be $201 per year, on average. Assuming half the handlers in a 

3191 firm obtain the testing, the average cost per CPHE handler is estimated to be $40 per year.

3192

3193 Closed systems that substitute for PPE. Current WPS exceptions allow handlers to reduce the 

3194 PPE they wear if they transfer pesticides using a closed system in which a pesticide can be mixed 

3195 and loaded into an application system without its release. The existing rule does not clearly

3196 describe the specific characteristics of an acceptable closed system, implying that there could be 

3197 a wide range of systems currently in operation. In practice, however, a closed system is does not 

3198 have to be complex. Simply put, it is designed for mixing and loading pesticides in a manner 

3199 that allows transfer of a pesticide from its original container into a new container, mix tank, or 

3200 application equipment, while limiting the handler's exposure to the pesticide. The expected per3201 farm cost of a system, accounting for systems that are only partially closed, is estimated in Table 

3202 3.3-38 for a large WPS farm. This is not a regulatory cost; closed systems are not required. 

3203 Based on a report from the Biological and Agricultural Engineering Department at the University 

3204 of California at Davis (Giles and Billing, 2013), a fully closed system could cost $333.62. Given 

3205 the components, and EPA’s observations in the field, there are two likely points where an

3206 existing pesticide transfer system might not be fully closed: the lack of a tank fitting to transfer 

3207 the diluted pesticide into the application equipment and the lack of an adaptor for the pesticide 

3208 concentrate container to transfer it into the mix tank. The tank fitting costs approximately $20 

3209 and is not likely to be the common problem. A system that lacks an adaptor for the pesticide 

3210 container would cost $149.75, according to Giles and Billing (2013), but would not be fully 

3211 closed. EPA estimates the annual cost for maintenance and replacement as the cost of the whole 

3212 system, depreciated over ten years at an interest rate of eight percent.

3213

3214 EPA estimates that almost one-third of large WPS farms use a closed system. We assume that 

3215 about half the large WPS farms that primarily produce oilseeds and grains, fruits, vegetables, 

3216 cotton, and tobacco, as well as nurseries and greenhouses, will use a closed system. Other farms, 

3217 such as those that primarily produce livestock or forage crops probably would not have a closed 

3218 system. Similarly, we assume 40 percent of large-small WPS farms that primarily produce 

3219 fruits, vegetables, cotton, and tobacco, as well as nurseries and greenhouses, will have a closed 

3220 system; thus, we estimate about 7.2 percent of large-small WPS farms have a closed system. 

3221 Finally, family farms are allowed to substitute a closed system for certain label-required PPE 

3222 through the WPS. We assume that one-third of large family farms that primarily produce 

3223 oilseeds and grains, fruits, vegetables, cotton, and tobacco, as well as nurseries and greenhouses, 

3224 will use a closed system, which amounts to 18.8 percent of large family farms.

3225

3226 We conservatively estimate that only 40 percent of farms with closed systems have a fully closed 

3227 system.
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

92

3228

3229 Even with a closed system, employers must make PPE available. PPE consist of coveralls, 

3230 overshoes, and gloves, which cost $27.65 and are expected to last five years, but these 

3231 assumptions are unimportant as these costs are not expected to change under the revised 

3232 definition. Finally, each year the employer is anticipated to spend about 15 minutes instructing 

3233 an employee in the operation of the system. The total expected cost of a closed system is 

3234 estimated to average, across all large WPS farm $17.75 per year. Across all large-small WPS 

3235 farms, the expected annual cost is estimated to be $3.85 and across large family farms the 

3236 expected cost is estimated at $10.09 per year. A CPHE may have two systems, but are more 

3237 likely to have fully closed systems than are private farms. EPA assumes 70 percent of the CPHE 

3238 systems have all the appropriate fittings and adapters. A CPHE is assumed to train four of the 

3239 handlers in their operation. Total annual costs are estimated to be $128.27. A self-employed 

3240 commercial handler may have one system but has no employees to train, implying annual costs 

3241 of $48.42.

3242

3243 Table 3.3-38. Per-Large WPS Farm Baseline Costs, Closed System.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j /Mr,i,j

annual 

frequency

freq (j|i)

cost

Fully Closed System 1$49.72 1 0.133 $ 6.59

Partially Closed System 2$22.32 1 0.199 $ 4.44

PPE upkeep 3$ 6.93 1 0.331 $ 2.29

Employer provides 

instruction $33.44/hour 0.25 hour 0.331 $ 2.77

Employee receives 

instruction $20.04/hour 0.25 hour 0.331 $ 1.66

Expected Cost costr,i,a

B $ 17.75

3244 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

1

3245 A closed system is estimated to cost $333.62 (Giles and Billing, 2013). Annual cost calculated as the 

3246 depreciation over 10 years at an interest of eight percent.

2

3247 A system that lacks the adaptor for the pesticide container is estimated to cost $149.75 (Giles and 

3248 Billing, 2013). Annual cost calculated as the depreciation over 10 years at an interest of eight 

3249 percent.

3

3250 Total PPE cost is estimated to be $27.65. Annual cost calculated as the depreciation over five years 

3251 at an interest of eight percent.

3252

3253 PPE exceptions for employees under the supervision of CCAs. CCAs assist growers to plan 

3254 production activities such as irrigation or pest control activities. They may, for example, test for 

3255 soil moisture or scout for pests and evaluate whether pest pressure reaches economically 

3256 damaging levels. Under current exceptions, use of PPE by employees acting under the direction 

3257 of CCAs is at the discretion of the CCA. There is no particular baseline cost to be calculated in 

3258 this situation.

3259
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93

3260 Step 2. Calculate Costs under Revised Regulatory Requirement

3261

3262 Respirator fit test. The requirement will specify the procedures to be used to ensure proper 

3263 respirator fit, in line with OSHA requirements. Further, the revisions require that the fitting must 

3264 occur every year, provide for training the handler to wear a respirator, and require records of the 

3265 fit test to be maintained. The costs of this requirement include the time required for handlers to 

3266 complete a medical screening and have a fit test. The actions and materials required are shown 

3267 in Table 3.3-39. Medical screening is available on line and, since 86 percent of all farms with 

3268 revenue greater than $500,000 per year have internet access (NASS, 2015), most handlers would 

3269 be able to complete the survey in about 30 minutes to complete and would receive results in a 

3270 day or two. Costs are estimated at $27 per person (Affordable Safety Training, 2015). In some 

3271 cases, the handler must obtain further medical clearance, which EPA conservatively estimates to 

3272 be in 25 percent of the cases. The medical exam is assumed to take about 90 minutes, including 

3273 travel, and cost $72.17, based on the medicaid reimbursement for a medical evaluation (see 

3274 Section 4.5.4). Once cleared, the handler takes the fit test, which EPA anticipates to take about 

3275 90 minutes, including some travel time. In a follow-up to comments submitted by several state 

3276 lead agencies, EPA requested additional information about the cost of fit tests. Oregon reported 

3277 several sources with fit test cost between $35 and $80; we estimate $50 per handler in this 

3278 scenario. It is also possible for employers to order fit tests, ranging in price from $80 to $140, 

3279 which would last several years with replacement smoke or odor tubes. Kits also include training 

3280 materials and might be a less expensive option. EPA also includes an hour of the employer’s 

3281 time to manage the process, including setting up the medical screen and arranging or 

3282 administering the testing. Accounting for the possibility of a medical examination, the expected 

3283 cost per handler of the fit test is $178.59. In addition, the employer must collect and store the 

3284 documentation.

3285

3286 In the baseline, EPA assumed that about 60 percent of most crop-producing farms use products 

3287 requiring a respirator. Under the rule, we assume 75 percent of these farms will have a handler 

3288 obtain the necessary fit testing in case the need for such a product arises during the year. As a 

3289 result, we estimate that 53.5 percent of large WPS farms and 13.5 percent of large-small WPS 

3290 farms, approximately 62,000 handlers per year, will take the respirator fit test. The expected cost

3291 across all large WPS farms of the fit test requirement is calculated to be $96.76, as shown in 

3292 Table 3.3-34. For large-small WPS farms, the average cost is estimated to be $24.35 per year. 

3293 See Appendix B.

3294
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

94

3295 Table 3.3-39. Costs under Final Rule, Large WPS Farm, Respirator Fit Test.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j /Mr,i,j

annual 

frequency

freq (j|i)

cost

Medical evaluation $20.04/hr 0.5 hour 0.535 $ 5.36

On-line evaluation $27.00 1 0.535 $ 14.45

Time for follow-up exam 1$20.04/hr 2 hour 0.134 $ 5.36

Follow-up medical exam 1$72.17 1 0.134 $ 9.66

Time for fit test, with travel $20.04/hr 1.5 hour 0.535 $ 16.09

Fit test and training $50.00 1 0.535 $26.76

Employer management $33.44/hr 1 hour 0.535 $17.90

Collect/Store documentation $33.44/hr 0.067 hour 0.535 $ 1.19

costr,i,a

F $ 96.76

3296 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

1

3297 EPA assumes approximately 25 percent of handlers taking the medical evaluation will be referred for 

3298 a more complete medical examination.

3299

3300 Pesticide handlers on family farms will also be required to obtain a respirator fit test if they use a 

3301 product requiring a respirator. EPA calculates that 22.6 percent of large family farms and 2.3 

3302 percent of large-small family farms, assuming 40 percent of large farms that primarily produce 

3303 oilseeds and grains and 40 percent of large and large-small farms that primarily produce fruits, 

3304 vegetables, cotton, and tobacco, as well as nurseries and greenhouses, will choose to obtain the 

3305 fit test. For CPHEs, the rule will entail some additional cost for record-keeping, increasing the 

3306 expected cost per handler to $41.06 per year.

3307

3308 Closed systems that substitute for PPE. EPA is adopting a broad definition, a performance-based 

3309 standard, and basic operating standards for closed systems. The operating standards require the 

3310 handler employer to ensure that written operating instructions for the closed system are available, 

3311 that the handler receives training on use of the closed system, and that the system is maintained 

3312 according to the written instructions. The impacts of changing the definition will be to clarify 

3313 that there must be a proper fitting into the spray tank and from the pesticide container. Thus, 

3314 under the rule, all farms using a closed system will have a fully closed system and the associated 

3315 depreciation costs. The employer or operator must have written operating instructions, which 

3316 EPA estimates may take two hours to develop but which would only have to be rewritten about 

3317 every five years. The instructions, however, may have to be replaced every two years due to 

3318 wear and tear. Other costs are the same as in the baseline, as shown in Table 3.3-40. EPA 

3319 calculates the cost for a large WPS farm to be $27.63 per year, on average, across all large WPS 

3320 farms.

3321
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

95

3322 Table 3.3-40. Per-Large WPS Farm Costs under Final Rule, Closed System.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j /Mr,i,j

annual 

frequency

freq (j|i)

cost

Fully Closed System 1$49.72 1 0.331 $ 16.47

PPE upkeep 3$ 6.93 1 0.331 $ 2.29

Write operating instructions $33.44/hour 2 0.066 $ 4.43

Operating instructions $ 0.02/sheet 1 0.166 $ 0.00

Employer provides instruction $33.44/hour 0.25 hour 0.331 $ 2.77

Employee receives instruction $20.04/hour 0.25 hour 0.331 $ 1.66

Expected Cost costr,i,a

F $ 27.63

3323 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

1

3324 A closed system is estimated to cost $333.62 (Giles and Billing, 2013). Annual cost calculated as the 

3325 depreciation over 10 years at an interest of eight percent.

2

3326 A system that lacks the adaptor for the pesticide container is estimated to cost $149.75 (Giles and 

3327 Billing, 2013). Annual cost calculated as the depreciation over 10 years at an interest of eight 

3328 percent.

3

3329 Total PPE cost is estimated to be $27.65. Annual cost calculated as the depreciation over five years 

3330 at an interest of eight percent.

3331

3332 Average costs under the revised rule are estimated to be lower for other farms because they are 

3333 less likely to use closed systems. EPA estimates the cost under the revised rule to be $5.99 per 

3334 year, on average, for large-small WPS farms, and $15.71 per year for large family farms, given 

3335 only 7.2 percent of the former and 18.8 percent of the latter are likely to use a closed system. 

3336 The cost for CPHEs and self-employed commercial handlers, including the written operating 

3337 instructions, is estimated to be $157.80 per year and $69.72 per year, respectively.

3338

3339 PPE exceptions for employees under the supervision of CCAs. The final rule will not allow non3340 certified employees of CCAs to forego the labeled use of PPE if they enter a field under a REI. 

3341 The impacts of eliminating the exception will be negligible, consisting, at most, of the time it 

3342 takes an employee to put on PPE (e.g., gloves, coveralls) on rare occasions. Moreover, it would 

3343 be rare that scouting activities, particularly those conducted by someone not certified, would 

3344 occur in fields under a REI.

3345

3346 Step 3. Estimate Regional Level Baseline and Compliance Costs

3347 As per the methodology described in Section 3.3.2, we estimate the regional level baseline and

3348 compliance costs by multiplying by the number of establishments or workers in each region that 

3349 are affected by the requirements and summing across the various actors.

3350

RCr,i

X

t

= ∑costr,a

X

t

× Na,i

t

a

3351

3352

3353 As with the notification requirements, we examine the impacts of the respirator fit requirements 

3354 and the new definition for closed systems separately before summing the costs to determine the 

3355 impacts of the PPE component as a whole. Table 3.3-41 presents the baseline costs for the 

3356 existing respirator requirements for WPS farms, where the number of actors is presented in 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

96

3357 Section 3.2. As noted above, EPA has not estimated costs for family farms. California and 

3358 Washington have higher baseline costs for WPS handlers because they require fit testing for all 

3359 handlers working with products requiring a respirator. Currently, EPA estimates the national 

3360 cost for compliance with respirator requirements to be $1.8 million per year for WPS farms.

3361

3362 Table 3.3-41. Baseline Costs, Respirator Fit Requirement, WPS and Family Farms

Large WPS Farm Large-Small WPS 

Farm

WPS Farm

RCRi

B

t=1

($1,000)

costRespirator,a

B $ 2.88 $ 2.88

Region Ni at

South 12,153 21,688 $ 98

Southwest 2,701 4,820 $ 22

Subtropical 2,145 3,827 $ 17

Midwest 17,158 30,619 $ 138

Northeast 8,420 15,026 $ 68

Ohio Valley 17,634 31,469 $ 142

Texas/Mt West 10,168 18,144 $ 82

California, Northwest

costRespirator,a

B $ 95.57 $ 24.05

California 4,766 8,505 $ 660

Northwest 4,289 7,655 $ 594

U.S. 79,434 141,753 $1,819

3363 Source: EPA estimates. Numbers may not sum due to rounding.

3364

3365 The costs under the revised respirator fit requirements are presented in Table 3.3-42 for WPS and 

3366 family farms. EPA estimates that the new requirements will cost these establishments about 

3367 $11.1 million and $1.3 million per year, respectively. This is an estimated increase of $9.3 

3368 million per year for WPS farms, which corresponds to an average cost per farm of $42 per year, 

3369 given over 220,000 farms potentially affected. Impacts are likely to be concentrated in about 

3370 62,000 farms, however, implying an average cost per farm of around $180 per year for those 

3371 impacted. Similarly, across 132,000 large and large-small family farms the average incremental 

3372 cost is about nine dollars per farm. There are probably only around 7,000 family farms that will 

3373 use products requiring a respirator, however, meaning costs are again about $180 per year for an 

3374 impacted farm. However, because pest pressure varies from year to year and farmers may rotate 

3375 the products they use to manage pesticide resistance, the same farms may not use products 

3376 requiring respirators every year and therefore may not obtain a fit test every year.

3377
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

97

3378 Table 3.3-42. Costs under Final Rule, Respirator Fit Requirement, WPS and Family 

3379 Farms

Large WPS 

Farm

LargeSmall WPS 

Farm

WPS Farm

RCRi

F

t=1

($1,000)

Large 

Family 

Farm

Large-Small 

Family 

Farm

Family 

Farm

RCRi

F

t=1

($1,000)

costRespirator,a

F $ 96.76 $ 24.35 $ 40.89 $ 4.18

Region Ni at Ni at

South 12,153 21,688 $ 1,704 2,899 17,740 $ 193

California 4,766 8,505 $ 668 1,137 6,957 $ 76

Southwest 2,701 4,820 $ 379 644 3,942 $ 43

Subtropical 2,145 3,827 $ 301 512 3,131 $ 34

Midwest 17,158 30,619 $ 2,406 4,093 25,045 $ 272

Northeast 8,420 15,026 $ 1,181 2,009 12,291 $ 134

Ohio Valley 17,634 31,469 $ 2,473 4,207 25,741 $ 280

Texas/Mt 

West 10,168 18,144 $ 1,426 2,425 14,842 $ 161

Northwest 4,289 7,655 $ 601 1,023 6,261 $ 68

U.S. 79,434 141,753 $11,138 18,949 115,950 $ 1,260

3380 Source: EPA estimates. Numbers may not sum due to rounding.

3381

3382 Table 3.3-43 presents the regional and national baseline cost for CPHEs regarding respirators 

3383 and closed systems. EPA estimates that CPHEs are currently spending about $962,000 per year 

3384 for respirator fit testing and training and about $2.2 million to purchase and maintain closed 

3385 systems. Again, we note that closed systems are not a requirement under the WPS; a closed 

3386 system provides the user with an exception to some label-required PPE.

3387

3388 Table 3.3-43. Baseline Costs, PPE Requirements, CPHEs

Respirator Fit Closed Systems

CPHE CPHE 

Handler

CPHE

RCRi

F

t=1

($1,000)

CPHE CPHE

RCRi

F

t=1

($1,000)

costPPE,a

B $201.44 $39.97 $128.27

Region Ni at Ni at

South 281 2,076 $ 140 281 $ 144

California 1 87 644 $ 43 87 $ 155

Southwest 45 329 $ 22 45 $ 57

Subtropical 50 372 $ 25 50 $ 31

Midwest 470 3,480 $ 234 470 $ 885

Northeast 184 1,360 $ 91 184 $ 121

Ohio Valley 488 3,609 $ 243 488 $ 340

Texas/Mt West 238 1,761 $ 118 238 $ 173

Northwest 93 687 $ 46 93 $ 318

U.S. 1,936 14,320 $ 962 1,936 $2,224

3389 Source: EPA estimates. Numbers may not sum due to rounding.

1 3390 Baseline costs for a closed system in California estimated to be $144.71.

3391

3392 Table 3.3-44 presents CPHE costs for respirators and closed systems under the final rule. 

3393 Respirator fit testing and training is estimated to cost $978,000 per year, nationally, and increase 

3394 of about $16,000 over the baseline. The incremental cost to CPHEs is primarily due to new 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

98

3395 recordkeeping requirements and are expected to cost about eight dollars per year per firm. Under 

3396 the new definition of closed systems, CPHEs are estimated to incur an incremental cost of about 

3397 $894,000 per year or about $21 per firm per year.

3398

3399 Table 3.3-44. Costs under Final Rule, PPE Requirements, CPHEs

Respirator Fit Closed Systems

CPHE CPHE 

Handler

CPHE

RCRi

F

t=1

($1,000)

CPHE CPHE

RCRi

F

t=1

($1,000)

costPPE,a

F $201.44 $41.06 $157.80

Region Ni at Ni at

South 281 2,076 $ 142 281 $ 200

California 87 644 $ 44 87 $ 189

Southwest 45 329 $ 22 45 $ 82

Subtropical 50 372 $ 25 50 $ 43

Midwest 470 3,480 $ 238 470 $1,261

Northeast 184 1,360 $ 93 184 $ 169

Ohio Valley 488 3,609 $ 246 488 $ 476

Texas/Mt West 238 1,761 $ 120 238 $ 243

Northwest 93 687 $ 47 93 $ 455

U.S. 1,936 14,320 $ 978 1,936 $3,118

3400 Source: EPA estimates. Numbers may not sum due to rounding.

3401

3402 Baseline costs for WPS and family farms that operate a closed system are presented in Table 3.3-

3403 45. Nationally, costs are estimated to be almost $2.0 million and $207,000 per year for WPS 

3404 farms and family farms, respectively.

3405

3406 Table 3.3-45. Baseline Costs, Closed System Definition, WPS and Family Farms

Large WPS 

Farm

Large-Small 

WPS Farm WPS Farms

RCRi

B

t=1

($1,000)

Large Family 

Farm

Family 

Farms

RCRi

B

t=1

($1,000)

costClosedSystem,a

B $ 17.75 $ 3.85 $ 10.09

Region Ni at

Ni at

South 12,153 21,688 $ 299 2,899 $ 31

California 4,766 8,505 $ 153 1,137 $ 16

Southwest 2,701 4,820 $ 66 644 $ 7

Subtropical 2,145 3,827 $ 53 512 $ 5

Midwest 17,158 30,619 $ 422 4,093 $ 44

Northeast 8,420 15,026 $ 207 2,009 $ 22

Ohio Valley 17,634 31,469 $ 434 4,207 $ 45

Texas/Mt West 10,168 18,144 $ 250 2,425 $ 26

Northwest 4,289 7,655 $ 106 1,023 $ 11

U.S. 79,434 141,753 $1,991 18,949 $ 207

3407 Source: EPA estimates. Numbers may not sum due to rounding.

1 3408 Baseline costs for a closed system in California estimated to average $23.19 for large WPS farms, 

3409 $5.03 for large-small WPS farms, and $13.19 for large family farms.

3410

3411 Table 3.3-46 presents the estimated costs under the final rule, which revises the definition of a 

3412 closed system. The cost for WPS farms is estimated to be $3.0 million per year nationally, an 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

99

3413 increase of almost $1.1 million per year over the baseline. The average across all large and 

3414 large-small WPS farms is less than five dollars per year, but only about 36,500 farms will be 

3415 impacted by the change in the final rule. The average cost across affected farms is under $30 per 

3416 year. The incremental cost to family farms is estimated to be $103,000 per year, which is also 

3417 about $30 per year for the estimated 3,600 family farms using closed systems.

3418

3419 Table 3.3-46. Costs under Final Rule, Closed System Definition, WPS and Family Farms

Large WPS 

Farm

Large-Small 

WPS Farm WPS Farms

RCRi

F

t=1

($1,000)

Large Family 

Farm

Family 

Farms

RCRi

F

t=1

($1,000)

costClosedSystem,a

F $ 27.63 $ 5.99 $ 15.71

Region Ni at

Ni at

South 12,153 21,688 $ 466 2,899 $ 47

California 4,766 8,505 $ 183 1,137 $ 19

Southwest 2,701 4,820 $ 103 644 $ 11

Subtropical 2,145 3,827 $ 82 512 $ 8

Midwest 17,158 30,619 $ 657 4,093 $ 67

Northeast 8,420 15,026 $ 323 2,009 $ 33

Ohio Valley 17,634 31,469 $ 676 4,207 $ 69

Texas/Mt West 10,168 18,144 $ 390 2,425 $ 40

Northwest 4,289 7,655 $ 164 1,023 $ 17

U.S. 79,434 141,753 $3,044 18,949 $ 310

3420 Source: EPA estimates. Numbers may not sum due to rounding.

3421

3422 Table 3.3-47 sums the baseline costs, by actor for each requirement and then across actors for the 

3423 region. EPA estimates baseline costs at $7.2 million for the relevant PPE requirements in the 

3424 WPS.

3425

3426 Table 3.3-47. Baseline Costs, PPE Requirements, Total

Region

WPS Farms

RCRi

B

1

($1,000)

Family Farms

RCRi

B

1

($1,000)

CPHEs

RCRi

B

1

($1,000)

Total

RCRi

B

1

($1,000)

Na,South $ 397 $ 31 $ 284 $ 712

Na,California $ 813 $ 16 $ 198 $ 1,027

Na,Southwest $ 88 $ 7 $ 80 $ 175

Na,Subtropical $ 70 $ 5 $ 56 $131

Na,Midwest $ 560 $ 44 $1,118 $ 1,722

Na,Northeast $ 275 $ 22 $ 212 $ 509

Na,Ohio Valley $ 576 $ 45 $ 582 $ 1,203

Na,Texas $ 332 $ 22 $ 291 $ 649

Na,Northwest $ 700 $ 11 $ 364 $ 1,075

U.S. $3,811 $ 207 $3,186 $ 7,203

3427 Source: EPA estimates. Numbers may not sum due to rounding.

3428

3429 The costs under the final rule are summed in Table 3.3-48. EPA estimates costs at $19.8 million, 

3430 an increase of $12.6 million. Over $10.3 million of the incremental costs are borne by WPS 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

100

3431 farms and $1.4 million are borne by family farms, mostly for respirator fit testing. CPHEs bear 

3432 about $910,000 of the incremental cost.

3433

3434 Table 3.3-48. Costs under Final Rule, PPE Requirements, Total

Region

WPS Farms

RCRi

F

1

($1,000)

Family Farms

RCRi

F

1

($1,000)

CPHEs

RCRi

F

1

($1,000)

Total

RCRi

F

1

($1,000)

Na,South $ 2,170 $ 240 $ 342 $ 2,752

Na,California $ 851 $ 94 $ 233 $ 1,178

Na,Southwest $ 482 $ 53 $ 104 $ 640

Na,Subtropical $ 383 $ 42 $ 69 $ 494

Na,Midwest $ 3,063 $ 333 $ 1,499 $ 4,901

Na,Northeast $ 1,503 $ 166 $ 262 $ 1,932

Na,Ohio Valley $ 3,148 $ 348 $722 $ 4,219

Na,Texas $ 1,815 $ 201 $ 363 $ 2,379

Na,Northwest $ 766 $ 85 $ 502 $ 1,353

U.S. $14,182 $ 1,570 $ 4,095 $19,847

3435 Source: EPA estimates. Numbers may not sum due to rounding.

3436

3437 Step 4. Calculate the Present Value of Costs.

3438 There are no changes over time in the PPE requirements. While there are some potential capital 

3439 expenses in purchasing new parts for a closed system, we captured that by considering the cost 

3440 of depreciation in the annual budget. Thus, the PV of costs over the ten-year time horizon is 

3441 simply the annual regional costs multiplied by 8.79, as explained in Chapter 3.2.2.

3442

3443 Step 5. Estimate the Regional Incremental Cost of the Potential Requirement.

3444 Table 3.3-49 presents the PV of costs to meet PPE requirements under the final rule, under the 

3445 baseline, as well as the incremental costs. Incremental costs vary substantially across regions 

3446 due to the number of farms, CPHEs, and handlers in each region as well as state baselines. The 

3447 incremental cost is low in California because the state baseline is near or even exceeds the final 

3448 federal requirements.

3449
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

101

3450 Table 3.3-49. PV of Final, Baseline, and Incremental Costs, PPE.

Region PV(RCo

F

i) PV(RCo

B

i) PV(RICo i) Annual RIC

($1,000)

South $ 24,187 $ 6,260 $17,928 $ 2,040

California $ 10,349 $ 9,025 $ 1,324 $ 151

Southwest $ 5,621 $ 1,533 $ 4,085 $ 465

Subtropical $ 4,341 $ 1,156 $ 3,185 $ 362

Midwest $ 43,069 $15,142 $27,927 $ 3,179

Northeast $ 16,977 $ 4,474 $12,503 $ 1,423

Ohio Valley $ 37,079 $10,578 $26,502 $ 3,016

Texas/Mountain West $ 20,909 $ 5,710 $15,199 $ 1,730

Northwest $ 11,886 $ 9,444 $ 2,442 $ 278

National $174,419 $ 63,325 $111,094 $ 12,644

3451 Source: EPA estimates. NPV calculated over 10 years using a 3% discount rate.

3452

3453 Steps 6 and 7. Estimate National Level Incremental Cost of the Requirement.

3454 The PV national incremental cost of revising PPE requirements is estimated to be $111 million 

3455 over ten years, or about $12.6 million annually. Agricultural establishments bear approximately 

3456 $11.7 million in annual costs while costs to CPHEs is estimated to be about $910,000 annually. 

3457 The incremental cost per CPHE, including the self-employed commercial handlers, is estimated 

3458 to be less $40 per year and primarily results from upgrades to existing closed systems.

3459

3460 EPA estimates that as many as 109,000 farms, including family farms, could be affected by these 

3461 provisions, implying an average annual cost of about $110 per farm and ranging from about $30 

3462 per farm per year up to $210 per year for a farm that upgrades a closed system and has a handler 

3463 undergoing a respirator fit test. The average cost per farm also varies considerably across 

3464 regions, depending on current state requirements.

3465

3466 These cost estimates are not sensitive to our assumptions about the number of farms hiring field 

3467 workers and the total number of field workers. All scenarios assume the same number of farms 

3468 employing handlers.

3469

3470 3.3.7 Decontamination Supplies

3471

3472 The provision of decontamination supplies is a critical element in mitigating the effects of 

3473 exposure to pesticides. EPA is finalizing two requirements that better define expected standards 

3474 for employers to follow and increase the ability of employers and employees to mitigate 

3475 exposures if they occur. The first requires employers to provide three gallons of wash water per 

3476 worker if the worker is engaged in tasks in a field under a REI. The second requires employers 

3477 to provide six gallons of water and a means for rinsing the eyes for handlers who are mixing or 

3478 loading a pesticide when some kind of eye protection is needed. Costs to establishments stem 

3479 from additional materials needed to meet the requirements.
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102

3480

3481 Step 1. Calculate Baseline Costs

3482

3483 Quantity of water available for early entry events. For tasks in treated areas during a REI, the 

3484 WPS requires “sufficient” water be available for decontamination and the “How to Comply” 

3485 manual (EPA, 2006) indicates that one gallon per worker would be considered sufficient. Based 

3486 on the cost of water per acre foot in Kentucky, the most expensive in the U.S. (NASS, 2014a), a 

3487 gallon of water would cost about $0.004. Throughout this assessment, EPA has characterized 

3488 the probability that an early event occurs on an establishment to be 40 percent and assumed that 

3489 about half the workers employed on the farm would engage in the activity. Since about 90 

3490 percent of workers are employed on farms that used pesticides in 2012, EPA calculates that 18.2 

3491 percent of workers may be involved in early entry activities. This implies baseline costs of less 

3492 than $0.001 per worker, on average.

3493

3494 Quantity of water available for handler eye flushing. Current requirements specify that handlers 

3495 must have at least one pint of water available when working with pesticides for which the label 

3496 requires eye protection. Handlers must be provided a water bottle that allows them to rinse in 

3497 and around the eyes if there is an exposure to the eye. A water bottle costs $3.65 at Gempler’s 

3498 on-line store (2014). Given that some commonly used herbicide products, such as 2,4-D, and 

3499 fungicide products, such as chlorothalonil, have label requirements for eye protection, EPA 

3500 estimates that 84.4 percent of large farms and 63.4 percent of large-small farms will use a 

3501 pesticide that requires eye protection. This includes farms whose primary production includes 

3502 oilseeds and grains, cotton, tobacco, fruits, and vegetables, as well as nurseries and greenhouses. 

3503 We also include large farms producing cattle, hogs, sheep, and goats as well as dairy. Bottles are 

3504 assumed to last about four years implying that about 21.1 percent of large farms and nearly 16 

3505 percent of large and large-small farms will purchase a water bottle every year. The cost per farm 

3506 is calculated to be $0.77 per year for large farms, as shown in Table 3.3-50. EPA assumes that 

3507 the farm will have four occasions per year, if pesticides are applied, where the requirement is 

3508 triggered, but water costs are negligible. The expected cost per large-small farm is calculated to 

3509 be $0.58, averaging across all farms, given the lower percentage of farms likely to be subject to 

3510 the requirement. CPHEs are calculated to spend about $0.93 per handler per year, assuming that 

3511 half the handlers need a water bottle and the bottles must be replaced every two years.

3512

3513 Table 3.3-50. Per-Large WPS Farm Baseline Cost, Handler Eye Flushing.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j /Mr,i,j

annual 

frequency

freq (j|i)

cost

Water bottle $ 3.65 1 0.211 $ 0.77

Water $0.004/gal 0.125 3.1 $ 0.00

Expected Cost costr,i,a

B $ 0.77

3514 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

3515

3516 Step 2. Calculate Costs under Revised Regulatory Requirement

3517

3518 Quantity of water available for early entry events. For tasks in treated areas during a REI, the 

3519 WPS will require three gallons of water be available for decontamination in early entry 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release ***

103

3520 situations. With all other parameters the same as in the baseline, the cost per worker triples, to 

3521 about $0.002 per worker, on average.

3522

3523 Quantity of water available for handler eye flushing. The final rule requires there to be a 

3524 sustained flow of water to allow for about 15 minutes of eyeflush. This requirement would be 

3525 satisfied in locations with running water or when using a large storage tank with flow controls, 

3526 assuming the water is of sufficient quality and there is some control of the flow. If mixing and 

3527 loading is done at the field, the employer will need to supply at least six gallons and a container 

3528 that would provide a steady flow of water for about 15 minutes. Safety supply stores offer five3529 gallon dispensers designed for quick refilling in cases where eye flushing is needed for about $21 

3530 (Gempler’s, 2015). A dispenser is assumed to last about eight years, so the frequency or 

3531 probability of purchase is half that of a water bottle. See Table 3.3-51. Water costs, assuming 

3532 six gallons approximately three times per year, amount to about $0.07. The water pint bottle will 

3533 remain part of the handler’s gear.

3534

3535 Table 3.3-51. Cost under Final Rule Per-Large WPS Farm, Handler Eye Flushing.

Action/Material (j) wage/price

wj

unit 

time/quantity

Hr,i,j /Mr,i,j

annual 

frequency

freq (j|i)

cost

Water dispenser $ 20.65 1 0.106 $ 2.18

Water bottle $ 3.65 1 0.211 $ 0.77

Water $0.004/gal 6 3.1 $ 0.07

Expected Cost costr,i,a

F $ 3.02

3536 Source: EPA estimation. See text for data sources. Numbers may not sum due to rounding.

3537

3538 The cost per large-small farm is calculated in a similar manner, resulting in an annual expected 

3539 cost of $1.91. The expected cost per CPHE handler, assuming a dispenser lasts five years, is 

3540 $3.81 per year.

3541

3542 Step 3. Estimate Regional Level Baseline and Compliance Costs

3543 As per the methodology described in Chapter 3.3.2, we estimate the regional level baseline and 

3544 compliance costs by multiplying by the number of establishments or workers in each region that 

3545 are affected by the requirements and summing across the various actors.

3546

RCr,i

X

t

= ∑costr,a

X

t

× Na,i

t

a

3547

3548

3549 Table 3.3-52 presents the baseline costs, where the number of actors is presented in Chapter 3.2. 

3550 The current national cost for decontamination water and materials to address potential 

3551 emergencies during early entry events or where eye protection is estimated to be $158,000 per 

3552 year.

3553
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104

3554 Table 3.3-52. Baseline Costs, Decontamination Supplies

Large WPS 

Farm

Large-Small 

WPS Farm

WPS Worker CPHE 

Handler RCRi

B

t=1

costDecon,a ($1,000) B $ 0.77 $ 0.58 $ 0.001 $ 0.93

South 12,153 21,688 225,386 2,076 $ 24.0

California 4,766 8,505 324,709 644 $ 9.4

Southwest 2,701 4,820 63,032 329 $ 5.2

Subtropical 2,145 3,827 84,042 372 $ 4.3

Midwest 17,158 30,619 255,947 3,480 $ 34.4

Northeast 8,420 15,026 227,297 1,360 $ 16.6

Ohio Valley 17,634 31,469 294,148 3,609 $ 35.4

Texas/Mt West 10,168 18,144 152,804 1,761 $ 20.1

Northwest 4,289 7,655 282,688 687 $ 8.6

U.S. 79,434 141,753 1,910,055 14,320 $ 158.1

3555 Source: EPA estimates. Numbers may not sum due to rounding.

3556

3557 Table 3.3-53 presents the costs under the final rule revisions. EPA estimates the cost of 

3558 providing decontamination supplies for emergency eye wash and for workers engaged in 

3559 activities in fields under a REI to be $570,000 per year.

3560

3561 Table 3.3-53. Costs under Final Rule, Decontamination Supplies

Large WPS 

Farm

Large-Small 

WPS Farm

WPS Worker CPHE 

Handler RCRi

F

t=1

costDecon,a ($1,000) F $ 3.02 $ 1.91 $ 0.002 $ 3.81

South 12,153 21,688 225,386 2,076 $ 86.6

California 4,766 8,505 324,709 644 $ 33.8

Southwest 2,701 4,820 63,032 329 $ 18.8

Subtropical 2,145 3,827 84,042 372 $ 15.4

Midwest 17,158 30,619 255,947 3,480 $124.3

Northeast 8,420 15,026 227,297 1,360 $ 59.9

Ohio Valley 17,634 31,469 294,148 3,609 $127.9

Texas/Mt West 10,168 18,144 152,804 1,761 $ 72.5

Northwest 4,289 7,655 282,688 687 $ 30.8

U.S. 79,434 141,753 1,910,055 14,320 $ 570.1

3562 Source: EPA estimates. Numbers may not sum due to rounding.

3563

3564 Step 4. Calculate the Present Value of Costs.

3565 There are no changes over time in the PPE requirements. Thus, the PV of costs over the ten-year 

3566 time horizon is simply the annual regional costs multiplied by 8.79, as explained in Chapter 

3567 3.2.2.

3568

3569 Step 5. Estimate the Regional Incremental Cost of the Potential Requirement.

3570 Table 3.3-54 presents the PV of costs incurred to provide decontamination materials for handler 

3571 eye flush and workers engaged in early entry activities under the final rule, under the baseline, as 

3572 well as the incremental costs. Variations in costs across regions are due to the differing number 

3573 of farms, workers, and CPHE handlers in each region.

3574
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105

3575 Table 3.3-54. PV of Final, Baseline, and Incremental Costs, Decontamination Supplies.

Region PV(RCo

F

i) PV(RCo

B

i) PV(RICo i) Annual RIC

($1,000)

South $ 762 $ 211 $ 550.4 $ 62.6

California $ 297 $ 83 $ 214.4 $ 24.4

Southwest $ 165 $ 46 $ 119.1 $ 13.6

Subtropical $ 135 $ 38 $ 97.8 $ 11.1

Midwest $1,093 $ 302 $ 790.3 $ 89.9

Northeast $ 526 $ 146 $ 380.2 $ 43.3

Ohio Valley $1,125 $ 311 $ 813.4 $ 92.6

Texas/Mountain West $ 637 $ 177 $ 460.7 $ 52.4

Northwest $ 271 $ 75 $ 195.6 $ 22.3

National $5,012 $1,390 $3,622 $412.2

3576 Source: EPA estimates. NPV calculated over 10 years using a 3% discount rate.

3577

3578 Steps 6 and 7. Estimate National Level Incremental Cost of the Requirement.

3579 The PV national incremental cost of revising the decontamination supply requirements is 

3580 estimated to be $3.6 million over ten years, or about $412,000 annually. About $371,000 of 

3581 costs accrue to WPS farms. All 375,000 WPS farms may be affected by the decontamination 

3582 requirements at some point, implying an annual cost per farm of about one dollar. Large WPS 

3583 farms will likely incur incremental costs of about $2.60 per year to provide decontamination 

3584 supplies to both workers and handlers, while the cost to small WPS farms will average around 

3585 $0.80 per year. The cost for an average CPHE, employing about seven handlers, is estimated to 

3586 be about $21.30 per year.

3587

3588 The estimated incremental costs associated with the final decontamination supply requirements 

3589 depend primarily on the cost of the eyeflush requirement. Depending on the assumptions as to 

3590 the number of farms hiring field workers and the number of field workers, the estimated 

3591 incremental cost ranges from $411,000 to $413,000 per year.

3592

3593 3.3.8 Total Cost of Final Rule

3594

3595 The total cost of the final rule can be estimated by summing the costs of the seven components 

3596 evaluated in the previous sections. Table 3.3-55 presents the PV of the baseline and final 

3597 regulatory costs, assuming all elements are implemented simultaneously and given EPA’s 

3598 primary estimate of the number of affected entities and employees. Nationally, the final rule is 

3599 estimated to increase the cost of complying with the Worker Protection Standard by $587 million 

3600 over a ten year time horizon, using a three percent discount rate and assuming all requirements 

3601 are implemented simultaneously. The annual incremental cost under this assumption is 

3602 estimated to be about $66.9 million. If implementation of all the training requirements is 

3603 delayed for two years after other components, the 10-year accumulated cost is estimated to be 

3604 $528 million and the annual incremental cost is estimated to be about $60.2 million. Only the 

3605 additional training material will be delayed to allow for development and dissemination, so the 

3606 true cost of the rule will likely be between these two bounds. With a seven percent discount rate, 

3607 the annual incremental cost of the final regulations is estimated to be between $56.2 and $66.9
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106

3608 million. Because costs recur annually, the choice of discount rate does not change the estimates, 

3609 except when some requirements are delayed.

3610

3611 Table 3.3-55. PV of Final Rule and Baseline Costs, Incremental Costs. (Total)

Region RCo

F

i RCo

B

i RICo i Annual IC

($1,000)

South $ 205,631 $ 113,463 $ 92,168 $ 10,490

California $ 120,755 $ 96,954 $ 23,801 $ 2,709

Southwest $ 47,844 $ 26,748 $ 21,097 $ 2,401

Subtropical $ 43,789 $ 27,138 $ 16,651 $ 1,895

Midwest $ 289,902 $ 171,279 $ 118,623 $ 13,501

Northeast $ 154,446 $ 86,584 $ 67,862 $ 7,724

Ohio Valley $ 296,042 $ 161,077 $ 134,965 $ 15,361

Texas/Mountain 

West $ 166,764 $ 93,386 $ 73,378 $ 8,352

Northwest $ 109,868 $ 71,059 $ 38,809 $ 4,417

U.S. $1,435,041 $ 847,686 $ 587,355 $ 66,850

3612 Source: EPA estimates. NPV calculated over 10 years using a 3% discount rate.

3613

3614 As noted in Section 3.2.3, EPA has conservatively included nearly all employees reported in the 

3615 2012 Census of Agriculture in this analysis as if they are all engaged in hand labor activities 

3616 and/or handling pesticides and are covered by the WPS, i.e., nearly 2.0 million workers and/or 

3617 handlers on almost 375,000 agricultural establishments. Using more narrow assumptions as to 

3618 the farms and employees covered would result in an estimate of total costs between $41.5 million 

3619 and $45.8 million per year. The lower bound estimates are based on 272,000 farms employing 

3620 1.1 million farm workers, as estimated by USDA (ERS, 2014), and about 248,000 pesticide 

3621 handlers. If all crop-producing farms that hire labor and all their employees are covered by the 

3622 WPS, 2.4 million workers and/or handlers on 466,000 establishments, the incremental cost of the 

3623 final revisions to the WPS is estimated to be between $72.6 and $81.0 million per year.

3624

3625 Figure 3.3-1 shows the contribution of the seven categories of the final rule to the total 

3626 incremental cost, using the primary estimate of $66.9 million per year. The informational 

3627 regulations, i.e., the training, hazard communication, and notification requirements, make up 

3628 almost three-fourths of the total incremental costs. The protective regulations (minimum age, 

3629 entry restrictions, and PPE requirements) make up most of the remaining cost, with the PPE 

3630 requirements accounting for nearly one-fifth of the total incremental cost. The decontamination 

3631 supply requirements, which are focused on mitigation in the event of an incident contribute less 

3632 than one percent of the cost. Shares are roughly similar across all assumptions about farm 

3633 worker numbers. Given the upper bound assumptions of establishments and employees affected, 

3634 the information requirements comprise about 80 percent of the total cost while these 

3635 requirements account for about two-thirds of the costs if the lower bound assumptions are used. 

3636 Notification costs decrease most rapidly if the number of farms and farm workers is lower than 

3637 assumed; PPE costs do not vary across the different assumptions.

3638
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107

3639 Figure 3.3-1. Contribution of components of the final Worker Protection Standard to 

3640 total annualized incremental cost, $66.9 million.

3641

3642

3643

3644 Average per-entity costs are presented in Table 3.3-56. As explained above, these costs are 

3645 calculated by taking the per-farm unit cost, given its size, and adding the per-worker and handler 

3646 costs, multiplying by the average number of workers and handlers given the size of the operation

3647 and the region. Each regional baseline varies according to existing state regulations, but often 

3648 only slightly. The cost estimates assume that all requirements become effective simultaneously, 

3649 which overstates the expected cost of the final rule. Incremental costs for large WPS farms with 

3650 farmworkers are expected to average just over $350 per year, ranging from an additional $307

3651 per year in the Texas/Mountain West region to $514 per year in the Northwest where there is a 

3652 high average number of workers per farm. California also has a high average number of workers 

3653 per farm, but current regulations imply a higher baseline cost and lower incremental cost. Small 

3654 farms are likely to face impacts of nearly $140 per year, on average, ranging from less than $100

3655 per year in California to $159 per year in the Northwest where the number of workers per farm is 

3656 above average. In the next section, we will examine the impacts on small farms more closely. 

3657 The incremental cost for farms that have handlers but not workers engaged in hand labor 

3658 activities is estimated to be less than half that of similarly sized farms with field workers with the 

3659 incremental cost for large farms employing handlers only estimated to be $170 per year, on 

3660 average, and for small farms employing handlers only estimated at $71 per year, on average.

3661

Training

45%

HazCom

14%

Notification

17%

Age

5%

Entry

0%

PPE

Supply 19%

0%

Distribution of Total Incremental Cost

$23.2 - 29.9 million

$11.5 million

$3.1 million

$12.6 million

$412,000

$9.3 million
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108

3662 Table 3.3-56. Average Worker Per-Farm and Incremental Costs by Region. (Total)

Region Large WPS Farm

with farm workers

Small WPS Farm

with farm workers

workers/farm EICo i workers/farm EICo i

South 13.8 $ 354 2.7 $ 147

California 50.8 $ 308 9.9 $ 88

Southwest 17.4 $ 378 3.4 $ 149

Subtropical 29.2 $ 434 5.7 $ 139

Midwest 11.1 $ 322 2.2 $ 131

Northeast 20.1 $ 403 3.9 $ 153

Ohio Valley 12.4 $ 354 2.4 $ 149

Texas/Mountain 

West 11.2 $ 307 2.2 $ 149

Northwest 49.1 $ 514 9.6 $ 159

U.S. 17.9 $ 355 3.5 $ 142

3663 Source: EPA estimates.

3664

3665 Upper bound assumptions about the number of establishments and workers lead to lower average 

3666 per-farm costs. Conversely, estimates based on the lower bound assumptions focus on fewer 

3667 establishments that have more workers and are illustrative of farms that will likely bear higher3668 than-average costs. There are about 13,000 large establishments averaging almost 50 workers 

3669 per entity; the estimated incremental cost for these establishments is $659 per year. Similarly, 

3670 there are over 76,000 small WPS farms averaging 5 workers per entity for which EPA estimates 

3671 incremental costs between $112 and $209 per year.

3672

3673 The incremental cost to CPHEs is estimated to be between $530 and $565 per year. The 

3674 incremental cost for self-employed commercial handlers is only about $210 to $225 per year and 

3675 is largely a function of the revised definition for closed systems. Costs to family farms also 

3676 result from revisions to the definition of closed systems and the requirements for respirator fit 

3677 testing and are estimated to be less than $50 per year, on average. There is wide variability in 

3678 impacts, however, with many family farms facing little or no impacts and others, which use 

3679 pesticide products requiring a respirator, facing costs of $180 per year, at least in years that 

3680 respirators are used.

3681

3682 A final way to consider the costs of the final revisions to the Worker Protection Standard is the 

3683 cost per employee covered by the regulations since they are the primary beneficiaries of the 

3684 added protections. Considering the 1.9 million farm workers, the additional 85,000 handlers on 

3685 farms, and 14,000 CPHE handlers covered by the WPS, simple division of the total annual costs 

3686 implies the average cost to be between $29.90 and $33.30 per year per employee, including 

3687 handlers employed at CPHEs. This measure does not consider the family farm operators that 

3688 will also benefit from greater protections stemming from properly fitting respirators and 

3689 improved closed systems.

3690

3691 All estimates are subject to considerable uncertainty due to the lack of data regarding many 

3692 current practices and the effect of the final requirements. EPA has made a number of 

3693 assumptions based on experience by EPA staff in the field and on conversations with state 
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109

3694 regulators and other stakeholders. Many assumptions, because they apply to both the baseline 

3695 and the final rule, will have little effect on the estimate of the incremental cost. While 

3696 assumptions attempt to represent the average or typical farm or CPHE, in practice EPA has 

3697 tended to use values that are probably more indicative of high and frequent pesticide use than 

3698 would be usual. As a result, the cost may be overestimated, but the magnitude of bias is 

3699 unknown.

3700

3701 3.4 Impact on Jobs and Employment

3702

3703 EPA also calculates the per-employee incremental cost of the final requirements as the difference 

3704 between the cost in the baseline and under the final rule. The incremental cost per WPS farm 

3705 worker (i.e., not considering the costs incurred at the farm level) is estimated to be about $5.30

3706 per year, which would not be expected to have an impact on employment decisions. The 

3707 estimated incremental cost ranges from $5.10 per year, given the upper bound estimate of 1.9 

3708 million workers, to $6.20 per year, using EPA’s lower bound estimate of 1.2 million workers. 

3709 The main driver in this cost is the incremental cost of the training requirements, which are 

3710 expected to cost about $6.10 per year. This is offset by a reduction in the per-worker cost of the 

3711 notification requirements of $1.30 per year as greater emphasis is placed on posting REI 

3712 information. Age restrictions will, on average, add less than $0.40 per year to the cost of 

3713 employment. We estimate the supply requirements to cost under $0.01 per year. Table 3.4-1

3714 presents this information.

3715

3716 Table 3.4-1. Annualized Per-Employee Cost of Final Requirements

Category Worker Handler CPHE Handler

Training $ 6.08 $14.32 $17.05

Hazard Communication $ 0.13 $ 0.13 $ 0.00

Notification -$ 1.31 $ 0.00 $ 0.00

Age $ 0.35 $ 5.77 $48.74

Entry $ 0.00 $ 0.00 $ 0.00

PPE $ 0.00 $29.81 $ 1.10

Supply $ 0.00 $ 0.00 $ 2.90

Total $ 5.26 $50.04 $69.79

3717 Source: EPA estimates.

3718

3719 The marginal incremental cost per WPS handler is higher than for workers, but is still relatively 

3720 minor. Training requirements add about $14.30 per year to employment costs, but the main 

3721 driver is the PPE category at $29.80 per year as a result of the requirement for fit testing 

3722 respirators. This cost is estimated across all handlers. The age restriction may add about $5.80

3723 per year to employment costs by restricting farms from using lower-wage adolescents to mix, 

3724 load, and apply pesticides. The total incremental cost of employing a handler could be around 

3725 $50 per year, assuming the average baseline costs and EPA’s primary estimate of the number of 

3726 establishments and handlers. EPA estimates the incremental cost of employing a handler to 

3727 range from $40.23 per year, using the upper bound estimates of numbers, to $123.87 per year, 

3728 using the lower bound estimate of establishments and handlers. We estimate that the cost to 

3729 agricultural employers of a handler is $20.04 per hour including wages and other costs. At eight 
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110

3730 hours per day and assuming only 150 days of employment, a handler would cost about $24,000 

3731 per year. An increase in cost of $50 to $125 per year represents about 0.2 to 0.5 percent of the 

3732 total cost of a handler, a marginal increase that would not be expected to have an impact on jobs.

3733

3734 The incremental cost per CPHE handler is estimated to be about $70 per year. The marginal cost 

3735 to a CPHE is primarily a result of the minimum age requirements, which is largely driven by 

3736 assumptions about the time adolescents are employed in handling agricultural pesticides. PPE 

3737 costs per handler are very low since fit testing for respirators is already an OSHA requirement.

3738

3739 3.5 Small Business Impacts

3740

3741 This section presents estimates of the impact the final changes to the WPS rule may have on 

3742 small entities by examining the relationship between the incremental cost and revenue for small 

3743 WPS farms and small commercial pesticide handling establishments (CPHE). The rule should 

3744 have no impact on other types of small entities, such as public institutions.

3745

3746 Due to the large number of small businesses in the agricultural sector, as shown in Section 3.5.1, 

3747 and the high cost of some requirements under consideration, EPA convened a SBREFA panel in 

3748 September 2008. The current analysis presented here takes into account comments received 

3749 from the panel that influenced the final requirements as well as comments received on the 

3750 proposed revisions. Based on this analysis, EPA concludes that there will not be a significant 

3751 impact on a substantial number of small entities.

3752

3753 The Regulatory Flexibility Act (RFA) of 1980, as amended by the Small Business Regulatory 

3754 Enforcement Fairness Act (SBREFA) of 1996, requires regulators to assess the effects of 

3755 regulations on small entities, including businesses, non-profit organizations, and governments. 

3756 When significant economic impacts on a substantial number of small entities are expected, 

3757 agencies are also required to examine regulatory alternatives that may reduce adverse economic 

3758 effects on significantly impacted small entities.

3759

3760 The RFA does not define the terms “significant” or “substantial” with regard to the extent of the

3761 economic impact and number of small entities affected. EPA has often characterized annual 

3762 incremental compliance costs of three percent or more of annual sales as significant, costs less 

3763 than one percent of annual sales as not significant, and costs between one and three percent of 

3764 sales as inconclusive. If costs are likely to be greater than one percent of annual sales, EPA 

3765 considers both the number of affected firms and their proportion of all small firms to determine if 

3766 a substantial number of firms will be impacted.

3767

3768 Consistent with a previous analysis on the farm sector (Wyatt, 2008), we use the following 

3769 thresholds at which the number of impacted entities is not considered “substantial”:

3770  Less than 100 small farms may be affected, provided the number represents less than 

3771 30% of all small farms;

3772  Between 100 and 1,000 small farms may be affected, provided the number represents 

3773 less than 20% of all small farms; or

3774  More than 1000 small farms may be affected, but the number represents less than 

3775 10% of all small farms.
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111

3776 If the estimated impacts exceed three percent, the thresholds at which EPA concludes a 

3777 substantial number of small farms would not be affected are as follows:

3778  Less than 100 small farms may be affected, provided the number represents less than 

3779 20% of all small farms;

3780  Between 100 and 1,000 may be affected, but account for less than 10% of all small 

3781 farms; or

3782  More than 1000 small farms may be affected, but the number represents less than 5% 

3783 of all small farms.

3784

3785 Therefore, to determine the magnitude of any potential adverse impact, the annualized 

3786 incremental costs on a per-company basis is compared to the annual sales for small businesses to 

3787 develop cost-to-sales ratios. 

3788

3789 In the next section, we present the number and type of small entities in the agricultural sector. In 

3790 Section 3.5.2, we present the estimated compliance cost by type and size of WPS farms and 

3791 estimate the incremental cost of the rule as a percentage of annual sales. Compliance costs are 

3792 estimated assuming both immediate implementation of the final requirements as well as a two3793 year delayed implementation of the training requirements.

3794

3795 We focus on WPS farms because family farms face lower impacts for each size category. EPA 

3796 also estimates that small CPHEs will not face a significant impact as a result of this rule. The 

3797 estimated cost increase across all CPHEs, which average over seven handlers, is between $530

3798 and $565 per year. The average revenue for small CPHEs, according to publicly available data, 

3799 is $1.4 million per year (D&B, 2014), implying impacts of less than 0.05 percent. Moreover, 

3800 small CPHEs average four employees and would have lower incremental costs than across all 

3801 CPHEs. Assuming all four employees of small CPHEs are handlers, expected incremental cost 

3802 per small CPHE is estimated to be $215 to $235 per year. Thus, even firms with incomes well 

3803 below average would not be expected to incur impacts in excess of one percent of annual 

3804 revenue.

3805

3806 3.5.1 Industry Profile

3807

3808 EPA uses data from the 2007 and 2012 Census of Agriculture (NASS, 2014 and 2008) to 

3809 identify the number of small WPS farms affected by the modifications to the WPS rule. The 

3810 Census of Agriculture is conducted every 5 years and is a count of U.S. farms and ranches as 

3811 well as the people who operate them. The Census also examines land use and ownership, 

3812 operator characteristics, production practices, income and expenditures and many other areas.

3813

3814 EPA requested custom (special) tabulations from the 2007 Census to compile economic profiles 

3815 for the agricultural sector covered by the WPS (farms, livestock operations producing crops, 

3816 greenhouses, and nurseries). Results of this special tabulation were used to estimate similar 

3817 profiles using publicly available data from the 2012 Census. See Appendix A. Crop producing 

3818 farms are separated into two main size classifications (large and small) according to the SBA 

3819 size definitions. Small farms are defined as those with annual gross revenue less than $750,000 

3820 and small feedlots have less than $2.5 million in annual sales. Table 3.5-1 presents the estimated 

3821 number of farms, by type, and the proportion of the total that are small farms. The WPS applies 
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112

3822 to all crop-producing farms that use pesticides, although family labor is exempt from most

3823 provisions. About 40 percent of all farms produce crops and use pesticides and, proportionally,

3824 there are fewer small farms, by SBA standards, than over all types of farms. For purposes of this 

3825 analysis, EPA assumes that most crop-producing farms that hire labor (i.e., do not rely solely on 

3826 family labor) are subject to the WPS. We exclude farms with less than $100,000 in agricultural 

3827 production and whose primary production is livestock as these farms are unlikely to hire 

3828 employees to handle pesticides or engage in hand labor activities related to crop production. 

3829 Therefore, EPA estimates that there are almost 375,000 farms covered by the WPS. These farms 

3830 tend to be larger, in terms of revenue, than all farms, with less than 80 percent classified as small 

3831 by the SBA. In fact, only about 80 percent of these farms use pesticides, at least in 2012, and 

3832 must meet WPS requirements. This subset of farms tend to have still higher revenues than do 

3833 other types of farms, with about three-fourths classified as small by SBA standards.

3834

3835 Table 3.5-1. Farms, by type and size, and average number of employees.

Farm Type

Number of 

Farms

Small Farms1

(%)

Employees Workers & 

Handlers

All Farms 2,109,303 95% 2,736,417 1,995,037

All Crop Farms using 

pesticides 871,935 89% 2,408,452 1,995,037

Crop Farms, no hired 

labor 517,715 96% 0 0

WPS Farms 2374,794 79% 1,995,037 1,995,037

WPS Farms 2using 

pesticides 304,106 76% 1,813,476 1,813,476

3836 Source: EPA estimates based on 2012 Census of Agriculture (NASS, 2014) and Special tabulation, 

3837 2007 Census of Agriculture (NASS, 2008).

1

3838 Farms with less than $750,000 in revenue and feedlots with less than $2.5 million in revenue. 

2

3839 Crop farms, including nurseries and greenhouses, that hire workers for hand labor activities and/or 

3840 hire pesticide handlers. Does not include 90,969 primarily livestock operations with total annual 

3841 sales, including livestock, of less than $100,000.

3842

3843 The cultivation of most agricultural goods is burdened with various types and species of pests 

3844 and efficient management of these pests is necessary for any successful agricultural enterprise. 

3845 If pesticides (or some other effective means of pest control) are not used, pest damage can 

3846 jeopardize agriculture by reducing the amount of and quality of crops produced. Similarly, labor 

3847 remains an important input into crop production, despite mechanization. To better understand 

3848 the impacts and the distribution of impacts on small farms, EPA subdivides small farms, i.e., 

3849 those with less than $750,000 in annual sales as defined by SBA, into three categories. We 

3850 define ‘small-small’ farms as those with annual sales of less than $10,000, medium-small farms 

3851 as those with annual sales between $10,000 and $100,000, and large-small farms as those with 

3852 annual sales between $100,000 and $750,000. Table 3.5-2 presents the number of farms, annual 

3853 value of crops sold, and number of workers, by type and size. These categories of farms provide 

3854 the typology we use to characterize the impacts of revisions to the WPS on small farms.

3855
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113

3856 Table 3.5-2. Average annual revenues and employees, by Farm type and size.

Type All Small 1 Large-Small 1 Medium-Small 1 Small-Small 1

All Farms

number 2,001,477 285,502 566,515 1,149,460

average revenue 2$ 57,469 $323,343 $ 34,656 $ 2,674

employees 0.7 2.0 0.8 0.4

Crop-Producing Farms Using Pesticides

number 780,077 244,186 315,092 220,799

average sales 2$130,894 $365,161 $ 38,742 $ 3,320

employees 1.6 2.1 1.0 0.8

WPS Farms

number 295,360 141,753 82,690 70,917

average sales 2$203,489 $400,097 $ 38,468 $ 2,914

workers/handlers 3.2 4.4 3.3 2.5

WPS Farms Using Pesticides

number 231,198 128,237 65,627 37,334

average sales 3$233,309 $400,097 $ 38,468 $ 2,914

workers/handlers 3.9 4.3 3.5 3.7

3857 Source: EPA estimates based on 2012 Census of Agriculture (NASS, 2015) and Special tabulation, 

3858 2007 Census of Agriculture (NASS, 2008).

1

3859 The SBA defines small farms to be those with less than $750,000 in revenue. EPA defines three 

3860 subgroups: large-small farms, with annual sales of more than $100,000 and less than $750,000 per 

3861 year; medium-small farms, with annual sales between $10,000 and $100,000 per year; and small3862 small farms, with annual sales less than $10,000 per year. Small feedlots are defined by the SBA as 

3863 those with less than $2.5 million in revenue. EPA further divides small feedlots into large-small 

3864 feedlots, with annual sales between $500,000 and $2.5 million per year; medium-small feedlots, with 

3865 annual sales between $50,000 and $500,000; and small-small feedlots, with annual sales less than 

3866 $50,000 per year.

2

3867 Average revenue by economic category reported in the Census, weighted by the number of farms in 

3868 each aggregate category defined by EPA; feedlots included in the same revenue categories as all other 

3869 farms to avoid biasing estimates.

3870 3 Weighted average of EPA defined categories, given average sales of all WPS farms.

3871

3872 It is worth noting that small-small WPS farms, defined as those reporting less than $10,000 in 

3873 annual sales, also employ an average of nearly 2.5 laborers. It is somewhat difficult to reconcile 

3874 the low revenue with multiple employees. It may be that these employees are very temporary 

3875 and are associated with a few tasks such as harvest that demand relatively high labor input over a 

3876 short period of time. About 75 percent of the small-small farms that hire labor incur labor costs 

3877 less than $5,000 per year (NASS, 2015). Given an average wage rate of $14 per hour and 

3878 assuming employment for an eight-hour day, labor costs of less than $5,000 per year suggest less 

3879 45 total days the farm employs a worker and with an average of 2.5 workers, it further suggests 

3880 only about 18 days of employment per worker. It may also be that these employees are engaged 

3881 in other revenue-generating activities not directly related to the farm's own crop or livestock 

3882 production. Ninety-two percent of farms with less than $10,000 in revenue from sales of crops 

3883 and/or livestock report that less than 25 percent of household income is derived from agriculture.

3884
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114

3885 3.5.2 Impacts of Incremental Compliance Cost

3886

3887 The incremental cost per entity is simply the difference between the cost of the baseline 

3888 regulations and the cost of the regulations in the final rule, summed over the protective 

3889 categories. Per-entity unit cost is added to the per-worker cost times the number of workers on 

3890 the establishment. Large-small WPS farms are assumed to employ one handler, on average, 

3891 while medium-small and small-small WPS farms are assumed to rely on commercial applicators 

3892 or the owner/operator to make pesticide applications.

3893

3894 Table 3.5-3 presents the number of WPS farms, average sales, and estimated annual incremental 

3895 cost of the rule by farm size using EPA’s primary estimates of the number of affected farms and 

3896 workers/handlers. Annual incremental costs are based on existing requirements in most areas of 

3897 the country except for California. As shown in Section 3.3.8, the incremental cost for a small 

3898 WPS farm in California is less than the national average due to the regulatory baseline even 

3899 accounting for the relatively higher number of workers per farm. Despite variation in the 

3900 number of workers across the different regions of the United States, estimated incremental costs 

3901 are fairly consistent with the Northwest region somewhat higher and the Texas/Mountain West 

3902 region expected to have incremental costs per entity less than the national average.

3903

3904 EPA calculates the impact of the rule as the percent of sales revenue and does not find a 

3905 significant impact from the rule. Overall, the impact of the rule is less than 0.1 percent of 

3906 average sales. Only the very smallest farms, with sales of less than $10,000 per year, may face 

3907 impacts of $83 to $111 per year or nearly three percent of sales. The number of entities that may 

3908 be impacted in excess of one percent of sales could be about 37,000 per year, given the number 

3909 of small-small establishments that use pesticides in a year. However, this is likely an 

3910 overestimate of the number of farms impacted as includes the over 2,000 small-small farms in 

3911 California that use pesticides and that would face impacts well below the national average. It 

3912 also includes nearly 23,000 small-small farms that are primarily field crop and forage producers 

3913 whose employees are unlikely to engage in hand labor activities that would trigger WPS 

3914 provisions. These farms are likely to bear little or no cost as a result of the final revisions. The 

3915 remaining 12,000 farms, nurseries, and greenhouses are those most likely to face the expected 

3916 incremental cost, representing about six percent of all small WPS farms.

3917

3918 Table 3.5-3. Small Business Impacts, WPS Farms

All Small WPS 

Farms

Large-Small 

WPS Farms

Medium-Small 

WPS Farms

Small-Small 

WPS Farms

Number 295,360 141,753 82,690 70,917

Average Sales $203,489 $400,097 $ 38,468 $ 2,914

Simultaneous Implementation

Incremental Cost $ 142 $ 204 $ 120 $ 86

Percent of Sales 0.07% 0.05% 0.31% 2.94%

Two-Year Delayed Implementation 1

Incremental Cost $ 119 $ 185 $ 109 $ 76

Percent of Sales 0.06% 0.05% 0.28% 2.60%

3919 Source: Special tabulation, 2007 Census of Agriculture (NASS, 2008); EPA calculations.

1

3920 Training only.
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3921

3922 EPA examined the assumptions underlying the estimated cost to small-small farms in order to 

3923 gain a better understanding of the impacts the rule would have on them. There are likely two 

3924 sources of overestimation in the estimated impacts on small-small WPS farms. First, is whether 

3925 WPS training requirements will apply to small-small farms every year of a ten-year time period, 

3926 which is an underlying assumption of the analysis presented in Table 3.5-3. Less than 55 percent 

3927 of small-small WPS farms used pesticides in 2007 (NASS, 2008) and if these farms hire workers 

3928 late in the season for harvest, they will only have to insure workers have received safety training 

3929 if an application has been made. Under this scenario, the expected incremental cost to small3930 small WPS farms would be $61 to $96 per year or 2.1 to 3.3 percent of annual sales of 

3931 agricultural products.

3932

3933 A second source of overestimation also stems from the assumption that small-small farms 

3934 employ workers on a permanent basis. In fact, it is likely that labor is employed on a temporary 

3935 basis, such as for harvest, and WPS requirements will not be applicable for pesticide applications 

3936 made more than a month before workers are hired. For small-small farms, the hazard 

3937 communication and notification requirements comprise nearly half of the cost at $41 per year, 

3938 based on 20 pesticide applications per year, as with the other categories of farms. If workers are 

3939 only present for a limited period of time, however, this assumption greatly overstates the number 

3940 of applications per year when workers are or will be present and small-small farms will have 

3941 fewer occasions when they must generate information. If small-small farms make only five 

3942 applications per year for which hazard communication and notification are required (e.g., within 

3943 about 30 days prior to hiring labor for harvest), the estimated incremental cost of the final rule is 

3944 about $54 to $68 per year or 1.9 to 2.3 percent of annual sales. 

3945

3946 If training is conducted only when pesticide applications have been made and only five 

3947 applications trigger the hazard communication and notification requirements, the incremental 

3948 cost of the rule for small-small farms averages only $32 to $53 per year, or 1.2 to 1.8 percent of 

3949 annual revenue from agricultural products.

3950

3951 Given that, for small-small WPS farms, annual incremental costs, particularly hazard 

3952 communication and notification costs, are likely overestimated to a significant degree, EPA 

3953 concludes that, even for the smallest WPS farms, the impacts of the final rule would generally 

3954 not be considered significant.

3955

3956 3.6 State Costs

3957

3958 EPA does not anticipate that states or other lead agencies will bear direct costs as a result of the 

3959 revisions to the WPS. 

3960

3961 States are responsible for enforcing the WPS, which they do through a combination of outreach 

3962 to employers and inspections of employers. Typically, some inspections are done randomly 

3963 while others are made as a result of complaints. Revisions to the WPS should not change the 

3964 total number of inspections over time although they may change the way inspections are 

3965 conducted on an establishment. Some revisions, such as the record keeping requirements, may 

3966 facilitate inspections by providing more tangible evidence of compliance or noncompliance than 
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3967 has previously been available. Other revisions may alter the items an inspector will check, for 

3968 example that there is a safety display provided with decontamination supplies when required. 

3969 However, the revisions should not substantially extend the time required for a typical inspection.

3970

3971 In the short term, EPA anticipates states and other lead agencies may need to redirect resources 

3972 planned for outreach and training of inspectors as a result of revisions to the WPS. That is, 

3973 agencies may plan to highlight certain aspects of the rule in programs for employers and/or 

3974 inspectors each year. State agencies may choose to alter some planned programs may in order to 

3975 focus on changes to the WPS. However, EPA does not anticipate that agencies will need 

3976 additional resources. There will be an implementation phase for the new requirements, which 

3977 will allow time for states to prepare for the changes utilizing existing resources.

3978

3979 New materials will have to be developed to cover new pesticide safety training requirements, 

3980 particularly materials on how to protect family members from pesticide residues transported 

3981 from work to the home. However, EPA does not expect states to develop the material. The

3982 materials will be developed by EPA in collaboration with the states and disseminated through 

3983 existing partnership programs.

3984

3985

3986

3987

3988
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3989 Chapter 4. Benefits of the Revised Rule

3990

3991 Occupational exposure to pesticides can result in acute effects on workers and handlers as well 

3992 as latent health effects to workers and handlers. Under the final rule, it is expected that workers 

3993 and pesticide handlers will have better information and protections that will enable them to 

3994 reduce their occupational exposure to pesticides, leading to better protection of their health and a 

3995 better quality of life. EPA anticipates that the changes will provide a range of benefits to 

3996 agricultural workers and handlers. The final rule ensures that workers and handlers have the 

3997 information needed to best protect themselves and their families from pesticide exposure, and 

3998 that they are provided additional protection and mitigation compared to the existing rule.

3999

4000 By combining several interrelated exposure-reduction measures, the final rule is expected to 

4001 substantially mitigate for these workers and handlers the potential for adverse health effects 

4002 (acute and chronic) from occupational exposures to such pesticides. These measures include 

4003 requirements intended to reduce exposure by: 

4004  Ensuring that workers and handlers are informed about the hazards of pesticides – The 

4005 final rule changes the content and frequency of required training, as well as changes to 

4006 ensure that the training is more effective. 

4007  Reducing exposure to pesticides – Among other things, the final rule changes and 

4008 clarifies the requirements for personal protective equipment and changes when 

4009 pesticides can be applied when people are nearby. These and other provisions should 

4010 directly reduce pesticide exposure to the agricultural workforce. 

4011  Mitigating the effects from exposures that occur – Accidental exposures are inevitable, 

4012 and the final rule improves safety by updating and clarifying what is needed to respond 

4013 to exposures. 

4014

4015 The remainder of this chapter will discuss the benefits of the final rule to agricultural workers, 

4016 handlers and their families. Chapter 2 provided a summary of the changes made in the rule. The 

4017 preamble describes in detail the requirements of the final rule, and responds to key comments 

4018 from the public. This chapter discusses how the three measures itemized above will reduce the 

4019 health effects of exposure on workers and handlers, as well as the harmful effects that pesticide 

4020 exposure can have to bystanders and families of workers and handlers. 

4021

4022 The final rule includes improved training requirements, in terms of the frequency of training 

4023 workers and handlers are receive, and the content of that training. The other requirements 

4024 summarized in Chapter 2, such as notification requirements, operate in combination with training 

4025 to improve workers’ and pesticide handlers’ ability to protect themselves. Training can be an 

4026 effective tool to increase workplace safety. Within agriculture, Barnett et al. (1984) found a pilot 

4027 education project dramatically increased the understanding of routes of exposure, safer storage of 

4028 pesticides, and a greater understanding of how to protect children from take home exposure. 

4029 Both Strong et al. (2008) and Salvatore et al. (2009) report better self-protection practices after 

4030 safety training for Hispanic workers. 

4031
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4032 4.1 Which Benefits Can Be Quantified

4033

4034 EPA expects the changes to the WPS to result in benefits by better protecting workers and 

4035 handlers and providing them with additional information on ways they can protect their families. 

4036 However, not all benefits from reduced pesticide exposure can be quantified. This section 

4037 provides a brief overview of the estimated benefits that can be quantified (from reduced acute 

4038 exposures to workers and handlers) and those that cannot.

4039

4040 Benefits from the rule changes include reductions in adverse health effects by:

4041  avoiding occupational pesticide incidents resulting in acute pesticide exposure to farm 

4042 workers and handlers, and to bystanders

4043  mitigating the severity of unavoidable occupational pesticide incidents through a 

4044 better, faster, and more informed emergency response for farm workers and handlers,

4045  avoiding and/or mitigating latent effects of occupational incidents (e.g., 

4046 developmental effects) to farm workers and handlers, and

4047  reducing chronic pesticide exposure to farm workers, handlers and their families, 

4048 resulting potentially in reduced chronic illnesses.

4049

4050 Some of the quantified benefits in this chapter are based on preventable pesticide exposures that 

4051 have been reported to databases that count poisoning incidents; these only represent a portion of 

4052 the benefits that can result from avoiding acute incidents. Latent or delayed health effects, such 

4053 as developmental effects resulting from acute exposures to pregnant women or to children and 

4054 adolescents or health effects that result from repeated small exposures over time are unlikely to 

4055 appear in pesticide poisoning surveillance databases, including the ones we use for developing 

4056 the benefit estimates in this chapter. These effects from exposures that go unreported are not 

4057 possible to quantify.

4058

4059 Also, provisions in the final rule are designed to clarify the amount of decontamination supplies 

4060 available, and improved and more frequent training should increase workers’ and handlers’ 

4061 understanding of the need to decontaminate thoroughly and seek medical attention when they are 

4062 exposed to pesticides. These provisions can reduce the severity of the accidental poisoning 

4063 events, and there is certainly a benefit to reduced illness severity. Because our estimates are 

4064 based on preventable incidents, the benefits to reduced severity are underestimated. There is not 

4065 enough available information to determine how much severity would be reduced in a given 

4066 incident.

4067

4068 The effects of longer term exposure and exposure to families, where the direct cause is unknown, 

4069 are unlikely to be recorded. If they are reported, they may enter the database with uncertain 

4070 causes, with little confidence that the incidents are related to a specific pesticide. Therefore, it is 

4071 impossible to quantify many important health effects from reduced pesticide exposure. These 

4072 health effects, which include those related to chronic pesticide exposure to workers and handlers 

4073 will be discussed in a semi-quantitative way. Effects of residues transported to the home are 

4074 described, but cannot be quantified.

4075

4076 The next section discusses who is at risk from pesticide exposure, followed by a discussion of 

4077 the effects of acute exposure to workers and handlers and acute and chronic exposures to their 
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119

4078 families. Section 4.5 estimates the benefits of reduced pesticide exposure to the extent these 

4079 benefits can be quantified. Section 4.6 discusses the potential long-term effects that may result 

4080 from chronic pesticide exposure which, by their very nature, are unlikely to be reported to 

4081 surveillance databases, but are potentially very important to human health, and may be reduced 

4082 by the rule. The final section of the chapter presents an analysis that shows some of the benefits 

4083 that could be gained from reduction in chronic illness. 

4084

4085 4.2 Who is at Risk?

4086

4087 4.2.1 Workers & Handlers in Agriculture 

4088

4089 Pesticides of one type or another are used on the majority of farms in the United States, so a 

4090 large portion of the agricultural workforce is potentially exposed. This includes the 

4091 approximately 2.4 million farm workers (see Table 3.2-4) that are hired by agricultural 

4092 establishments, all of whom are potentially exposed to pesticides and risks of adverse health 

4093 effects (NASS, 2008b). Workers do not necessarily handle pesticides directly, but they may be 

4094 exposed to agricultural-plant pesticides either through contact with residues on treated plants, 

4095 soil, or water or through accidental contact from drift or misdirected application. EPA assumes 

4096 there are 300,000 pesticide handlers, included in the farm worker population, that handle 

4097 pesticides directly; another 72,000 handlers are employed or self-employed at commercial 

4098 pesticide handling establishments (D&B, 2014, See Section 3.2.3). The agricultural workforce 

4099 as a whole is occupationally exposed to pesticides and pesticide residues and that exposure can 

4100 pose long and short term health risks. It is difficult to quantify a specific level of risk and 

4101 project the risk reduction that will result from this rule, because workers and handlers are 

4102 potentially exposed to a wide range of pesticides with different toxicities and risks and are 

4103 exposed for widely ranging durations and at a wide range of frequencies. However, as a result of 

4104 an extensive review of the epidemiologic evidence published in the peer-reviewed literature, 

4105 there is strong evidence that pesticide exposure contributes to adverse human health outcomes.

4106

4107 4.2.2 Children and families 

4108

4109 Several of the changes to the WPS rule are focused on providing additional protections for 

4110 children. These include training components designed to minimize exposure to family members 

4111 to pesticides inadvertently taken home by workers and handlers; measures that reduce exposure 

4112 to workers and handlers themselves (resulting in less take home exposure); minimum age limits 

4113 for certain worker activities and for handlers; and training on decontamination practices. These 

4114 changes are particularly important when they reduce fetal and childhood exposure. Young and 

4115 unborn children may be particularly sensitive to pesticide exposure. Children may experience 

4116 different exposures than adults due to behavioral differences like crawling on the floor and 

4117 putting objects into their mouths, and they can be more sensitive to these exposures because their 

4118 organ systems are still developing, and they have relatively low body weights (Curwin et al., 

4119 2007, Beamer et al., 2009, Vida and Moretto, 2007). Children in the families of agricultural 

4120 employees are incidentally exposed to pesticides and there is the potential for negative health 

4121 effects from this pesticide exposure. Prenatal exposures (discussed below) may be particularly 

4122 important for long-term development. 
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4123

4124 Children and adolescents at various stages in development offer “windows of opportunity” for 

4125 chemical exposures to have particularly significant effects on growth and development, which 

4126 means that pesticide exposure at a given time in the development of humans may have greater or 

4127 lesser health impacts. Because children’s metabolic systems are not fully developed at birth, 

4128 continue to develop through childhood and adolescence, and are not uniform across 

4129 developmental stages, children metabolize pesticides and other chemicals differently than adults 

4130 metabolize pesticides and other chemicals (EPA, 2008). The changes to the WPS also include 

4131 restrictions on allowing adolescents to serve as pesticide handlers. These changes are important 

4132 because adolescents are more apt to make poor decisions about pesticide risks, which is also 

4133 discussed below.

4134

4135 Take Home Exposure

4136

4137 Several recent studies have shown that the children and other family members of people engaged 

4138 in agriculture can be exposed to multiple pesticides. Arcury et al. (2007) found metabolites of 

4139 13 pesticides in the urine of farmworker children, with the most common result being four 

4140 different metabolites in a sample. The study concludes that children in farmworker homes face 

4141 multiple non-dietary sources of exposure to pesticides that remain in the home environment for 

4142 long periods of time. Bradman et al. (2009), in a study to develop pesticide exposure models, 

4143 found 29 different pesticide residues in the homes of 20 farmworker children in the Salinas 

4144 Valley of California, and pesticide metabolites in the urine of all 20. Curwin et al. (2005) 

4145 compared 25 farm and 25 non-farm households in Iowa, testing for pesticide contamination 

4146 inside the homes. They found significantly higher levels of some agricultural pesticides in farm 

4147 households. The distribution of the samples in the various rooms of the house (higher levels in 

4148 the worker changing area and the laundry area) suggest that the pesticides are being transported 

4149 home on farmers’ clothing and shoes. There were also higher levels of agricultural pesticides in 

4150 home vehicles for farm families, indicating another possible exposure route for both children and 

4151 pregnant women. In a literature review of the take home exposure pathway, Vida et al. (2007), 

4152 reported results that indicate that take home exposure is an important source of exposure for 

4153 children. The studies cited above consistently found higher levels of pesticides in the 

4154 agricultural households compared to non-agricultural households, and that levels of 

4155 Organophosphate (OP) pesticide residues vary by agricultural activity. The highest levels of 

4156 azinphos-methyl (an OP pesticide) were associated with thinning activities that a farmworker 

4157 would perform, for example (Coronado et al., 2004, Coronado et al., 2006). Curl et al., (2002) 

4158 found a high correlation between residues in the home and residues in vehicles, which suggest 

4159 the take home pathway is the source for the residues. Exposure studies on organophosphate 

4160 metabolites in maternal and child urine samples suggest that the take home pathway is leading to 

4161 exposure in farm families (Bradman et al., 2003, 2005; Bradman 2007; Eskenazi et al., 2004, 

4162 2007).

4163

4164 Research has shown that agricultural workers are generally unaware that occupational exposure 

4165 to pesticides can lead to excess pesticide exposure in the home. Snipes et al., 2009 conducted 

4166 interviews with 99 farmworkers and handlers in the Yakima Valley and found several 

4167 misconceptions and practices that might lead to take home exposure that could be changed 

4168 through training. In particular, respondents believe that dry powder pesticides are much less 
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4169 harmful than sprays and liquids, PPE is less regularly worn when there is financial pressure to 

4170 work quickly, and, as the article states “previous research has [shown] that farmworkers often 

4171 report delaying showering for over an hour after work in order to allow their bodies to cool fully 

4172 for fear of developing arthritis or other health problems.” Quandt et al. (1998) found that 

4173 farmworkers believed pesticides were only dangerous for their intended target, and that acute 

4174 (not chronic) exposure was the primary danger (referenced in Rao et al., 2007). Other exposure 

4175 routes for pregnant women and children may include spray drift from nearby agricultural areas, 

4176 or when children are taken to where their parents are working. Prenatal exposures (discussed 

4177 below) may be particularly important for long-term development. 

4178

4179 Occupational Exposure to Adolescents

4180

4181 Adolescents face more risks from occupational pesticide exposure, a problem EPA addresses by

4182 establishing a minimum age for pesticide handlers and early entry workers. There is evidence 

4183 that adolescents and children do not make risk management decisions in the way that adults do. 

4184 Adolescents are more prone to accidents than the population at large. For example, the fatality 

4185 rate for drivers between 16 and 19 is four times the rate for all adults (Institute for Highway 

4186 Safety, 2008). In an agricultural context, adolescents working on farms have shown awareness 

4187 of safety issues, rules, and the risks of injury on farms, but they behave according to their own 

4188 perception of risk, and take more risks while playing on the farm; the play often uses farming 

4189 equipment and occurs during worktime (Rowntree, Darragh et al., 1998). When teens were 

4190 asked whether they used PPE when it was required, the median self-reported frequency for use of 

4191 respirators and hearing protection was only four times out of the last ten occasions when its use 

4192 was required. According to the authors, protective devices may be used less frequently when the 

4193 teens did not perceive a high degree of risk or if they did not have an observed health problem 

4194 attributed to that exposure. The authors also suggest that PPE may not properly fit female teens, 

4195 leading to a decreased incidence of use (Reed et al., 2006).

4196

4197 The cognitive development of adolescents affects behavior, particularly in the areas of judgment, 

4198 risk-taking and decision making ability (Steinberg, 2005). The parts of the brain going through 

4199 these maturation processes in adolescents are important for the perception of risk, evaluation of 

4200 risk and reward, and regulation of emotion and behavior (Dayan et al., 2010). In an international 

4201 setting, Abdel Rasoul et al. (2008) reported an association between cognitive deficits, 

4202 neurological symptoms and pesticide exposure among child and adolescent agricultural pesticide 

4203 applicators. This study cohort is from Egypt, which does not reflect use patterns or regulations 

4204 in this country, but it does suggest risks when children and adolescents are exposed at high 

4205 levels.

4206

4207 Salazar et al. (2004) reported that in a focus group studying 33 Hispanic adolescent farmworkers, 

4208 teens knew of the risk associated with pesticide exposure; however, varying opinions existed 

4209 among the group relating to individual susceptibility. Teens often do not perceive themselves to 

4210 be at risk, even when presented with warnings. In the focus group, when asked whether they 

4211 washed their hands in between pesticide exposure and meals, participants responded that they did 

4212 not have the time and/or that they were unaware of the consequences of not doing so. In addition, 

4213 participants reported that they would eat berries out of the fields without washing because they 

4214 appeared to be clean. The adolescents also reported that when safety training was provided, it 
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4215 was not understood due to the use of “big words,” and that while the boss would discuss 

4216 machinery and tools they, “don’t want to waste their time” on health and safety issues (Salazar et 

4217 al., 2004).

4218

4219 According to Calvert et al. (2003), pesticide poisoning surveillance data shows that working 

4220 youths were more likely than adults to suffer an occupational related pesticide illness, attributed 

4221 to lower levels of experience with pesticides, and greater sensitivity to pesticide toxicity. The 

4222 literature shows that adolescents are more likely to engage in risky behavior than adults. 

4223 Therefore, it is more difficult to be certain that they will make prudent risk management 

4224 decisions. It is not certain why risky behavior is more common among adolescents, but it is a 

4225 consistent finding. It seems that adolescents are aware of risks and tradeoffs between behaviors 

4226 and consequences, and process the information available to them in ways very similar to adults, 

4227 but take greater risks anyway (Steinberg and Cauffman, 1996; Dayan et al., 2010). The 

4228 cognitive changes that occur during adolescence do not fully explain this phenomenon, which 

4229 indicates that emotional development and surroundings are important parts of the risk taking 

4230 process for adolescents. This picture of the adolescent development and behavior implies that 

4231 more rigorous and frequent training, which are features of the rulemaking, will not protect 

4232 adolescents to the degree they will protect adults. These potentially at risk adolescents do not 

4233 respond to information in the same way that adults do, so special protections, such as the 

4234 establishment of minimum age for certain activities (with an exception for adolescents covered 

4235 by the immediate farm family exemption) are warranted to ensure their safety.

4236

4237 4.3 What are the Risks? Pesticide Risks to Workers, Handlers, and Families

4238

4239 This section will provide a brief introduction to some of the risks associated with pesticide 

4240 exposure, specifically acute pesticide exposures to workers and handlers and their families, 

4241 including pesticide exposures that have reproductive effects or effects on children. Some of 

4242 these effects may be lifelong, although they may be a result of acute (in the case of 

4243 developmental effects) or chronic exposures. A discussion of illnesses associated with chronic 

4244 occupational pesticide exposure to workers and handlers is provided in Section 4.6 and Section 

4245 4.8. 

4246

4247 4.3.1 Acute Exposures and Effects

4248

4249 The use of pesticides, substances designed to be toxic, is inherently risky. Some pesticides are 

4250 narrowly targeted to specific life forms or biological processes while others have effects across a 

4251 broad spectrum of organisms, including humans. Handlers and workers can be exposed many 

4252 ways, to multiple pesticides over the course of a growing season (Arcury et al., 2010). 

4253 Exposures to some pesticides can result in a wide range of acute symptoms. The acute 

4254 symptoms from overexposure to pesticides vary, and can range from mild skin irritation to more 

4255 severe effects. Severity of symptoms depends largely on the dose and route of exposure. 

4256 Exposure to organophosphate (OP) pesticides, for example, can result in headaches, fatigue and 

4257 dizziness, nausea, cramps and diarrhea, impaired vision and other effects (Schulze et al., 1997). 

4258 Severe acute exposures can result in seizures, respiratory depression and loss of consciousness 

4259 (Roberts and Reigart, 2013). In rare cases, unintentional pesticide exposures result in death. 
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4260 These are just a few of the wide range of symptoms that can be caused by acute pesticide 

4261 exposure; the Recognition and Management of Pesticide Poisonings manual lists almost 100 

4262 different symptoms that a medical professional could expect to see following an acute exposure 

4263 (Roberts and Reigart, 2013). Although this brief discussion focuses on acute exposure, workers 

4264 and handlers also may suffer chronic exposures that are associated with many diseases, including 

4265 several forms of cancer. These are discussed in more detail in Section 4.6. 

4266

4267 Further evidence that adverse effects of pesticide exposure occur is that pesticide-related 

4268 illnesses can be observed. Although illness resulting from pesticide exposure to workers and 

4269 handlers is underreported (see below), there are peer-reviewed studies, based on pesticide illness 

4270 reporting and surveillance initiatives that show evidence of illnesses to workers and handlers. 

4271 Calvert, et al. (2008) for example, finds that acute pesticide poisoning incidents in the agriculture 

4272 industry “continues to be an important problem.” This study looked at pesticide poisoning 

4273 incidents among agricultural workers from 1998-2005, and analyzed 3,271 cases. Illness rates 

4274 varied across time, age, and region, but for agricultural workers, risks of poisoning were an order 

4275 of magnitude higher than for non-agricultural workers (except for farm owners (3% of the 

4276 sample)). Das et al. (2001) identified 486 pesticide illness cases among California farmworkers 

4277 for 1998-1999, based on a surveillance program with mandatory reporting by physicians. Das et 

4278 al. found that about half of all occupational pesticide related illness cases in the California 

4279 surveillance system were agricultural (the rest were in other industries). Over a quarter of the 

4280 poisonings were to those mixing, loading or applying pesticides. The most common symptoms 

4281 were dermatological (about 44%), neurological (about 39%), and gastrointestinal (about 38%), 

4282 and the most common route of exposure was skin contact, followed by inhalation and eye 

4283 contact. 

4284

4285 Reports to surveillance programs rank incidents according to severity, such as low, medium, 

4286 high, and death. The Calvert (2008) study finds that the majority of cases during the study 

4287 period were low severity (87%), 12% were medium severity, and 0.6% were high severity, with 

4288 one death. While it is encouraging that most cases were ranked as “low severity” in this study, it 

4289 is important to note that the severity categories can be misleading. Even “low severity” cases 

4290 can reflect significant morbidity, with the exposure resulting in health care treatment and the loss 

4291 of work days. To be included in the SENSOR-Pesticides database used for the Calvert study, at 

4292 least two post-exposure symptoms must have been reported by a health-care professional. 

4293 Symptoms categorized as “low severity” include abdominal pain, cramping, nausea, vomiting, 

4294 and fever. Symptoms like these and others severe enough to cause a worker or handler to miss 

up to three days of work or be hospitalized for up to a day are classified as “low severity” cases34295 . 

4296 The impact on the financial situation of a low-income farmworker can be dramatic.

4297

4298 4.3.2 Acute and Chronic Exposures and Effects on Children and Families

4299

4300 This section discusses reproductive effects and other risks to children of workers and handlers. 

4301 These are just a subset of diseases that have an association with pesticide exposure to farm 

4302 families; many others, including some cancers, also have an association with pesticide exposure. 

4303 The discussion of chronic occupational pesticide exposure and cancers is in Section 4.6, because 

 

3 A table of symptoms by severity is here: http://www.cdc.gov/niosh/topics/pesticides/pdfs/pest-sitablev6.pdf
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4304 most of the epidemiological research on the links between pesticides and cancer has been based 

4305 on occupational exposure. 

4306

4307 Reproductive Risks 

4308

4309 Reviews have been conducted examining the effects of pesticide exposure during pregnancy on 

4310 reproductive outcomes; exposure that may be reduced due to the final rule. Sanborn et al. (2007) 

4311 found 59 studies that examined the relationship between pesticides and reproductive outcomes 

4312 and met their criteria for inclusion in their review. A summary of their findings is found in Table 

4313 4.3-1.

Table 4.3-1. Summary of Findings on Reproductive Risks from Sanborn et al., 2007

Outcome Examined

Number of Papers 

Found

Number of Papers Found that 

Display an Association Between the 

Outcome Examined and Pesticide 

Exposure* 

Birth Defect 15 14 (+)

Time to Pregnancy 8 5 (+)

Fertility** 14 7 (-)

Altered Growth 10 7 (+)

Fetal Death 11 9 (+)

Other Outcomes 6 6 (+)

* The direction of the association is shown in parentheses.

** Fertility refers to the ability to become pregnant in 1 year, and includes male and female factors, such as semen quality 

and infertility. 

4314

4315 As seen in Table 4.3-1, fourteen out of fifteen studies that were reviewed reported an association 

4316 between maternal pesticide exposure and an increased risk of birth defects. The specific birth 

4317 defects examined in the review consisted of limb reductions, urogenital anomalies, central 

4318 nervous system defects, orofacial clefts, heart defects, and eye anomalies. Nine out of eleven 

4319 studies showed an association between pesticide exposure and fetal death which includes 

4320 “spontaneous abortion, fetal death, still birth, and neonatal death.” When examining fetal death, 

4321 preconception exposure was associated with early first-trimester abortions and post-conception 

4322 exposure was associated with late spontaneous abortions (Sanborn et al., 2007). For most 

4323 effects, half or more of the studies evaluated by Sanborn show an association between pesticide 

4324 exposure and negative reproductive outcomes. These authors note several limitations of each of 

4325 the studies included in the systematic review, and note they were not able to assess whether 

4326 publication bias was a factor in the results of this review. Therefore, while these results are 

4327 suggestive, the results cannot be considered definitive. 

4328

4329 Potential Health Effects in Children

4330

4331 There is evidence to suggest that exposures in the home or pre-natal occupational exposure to 

4332 pregnant women may affect children. Pre-natal exposure may have particularly important 

4333 effects on the neurological development of children (see below), and Wigle et al. (2009) studies 
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4334 have found an association between pre-natal exposure to the mother and future childhood 

4335 leukemia. As an example, there are agricultural pesticides in use that are regulated on the basis 

4336 of developmental toxicity (i.e., structural abnormalities, functional deficiencies, altered growth 

4337 and fetal loss). These developmental effects can result from an acute overexposure to the 

4338 pregnant farmworker during windows of susceptibility of fetal development during pregnancy. 

4339 Possible effects from an acute overexposure include miscarriage, cleft palate, exencephaly (brain 

4340 tissue outside the skull), hydrocephaly (swelling of the brain), microphthalmia (abnormal eyes 

4341 often resulting in blindness), or spina bifida. An overexposure to one of these pesticides could 

4342 occur, for example, should a pregnant farmworker enter the treated area too soon after an 

4343 application. 

4344

4345 Children and adolescents are going through important developmental changes, and pesticide 

4346 exposure can have a more deleterious effect on these developing physiological systems than on 

4347 the systems in adults. Although adolescents’ systems are more fully developed than those of 

4348 younger children, there are important developmental processes that continue until adulthood. In 

4349 particular, brain changes continue, such as the final maturation of the cerebral cortex through 

4350 synaptic pruning and myelination, an important physiological process that reduces excess neuron 

4351 connections in the brain and encloses individual neurons in an insulating sheath, which increases

4352 the efficiency of information processing (Golub, 2000, Steinberg, 2005). These changes occur 

4353 during adolescence, when the effects of toxicants like pesticides on the nervous system can be 

4354 particularly harmful (Golub, 2000). Adolescents may be subject to incidental exposures by 

4355 nearby pesticide applications or from take home exposures via parents who work with or around 

4356 pesticides, all of which can result in adverse health effects. In addition, adolescent workers can 

4357 be subject to direct occupational exposure, which is a concern due to fact that acute exposure at 

4358 important stages of development may cause significant health effects and also because 

4359 employment at a younger age increases the likelihood of chronic exposure, both of which may 

4360 result in delayed health effects over a full lifetime. 

4361

4362 Several studies investigating the link between fetal and childhood pesticide exposure and 

4363 development are on-going. Three key cohorts, each funded in part by multiple federal agencies, 

4364 are looking at pre- and post-natal pesticide exposure in minority mothers and infants, birth 

4365 outcomes, genetic susceptibility plus long-term childhood neurobehavioral and 

4366 neurodevelopment outcomes. The cohorts are: 

4367

4368  The Columbia University NYC cohort includes predominately African American and 

4369 Dominican women and children. This team has reported indoor air, maternal and cord 

4370 blood measures of parent chlorpyrifos, and multiple birth and neurodevelopmental 

4371 outcomes. This cohort was exposed during pregnancy to chlorpyrifos and other 

4372 pesticides indoors and in food. One focus of the publications from this group involves 

4373 comparisons between pre- and post-cancellation of indoor uses of chlorpyrifos. 

4374  The Mount Sinai NYC cohort includes women and children who are Puerto Rican 

4375 Hispanic, African American, and Caucasian. This team has associated urinary 

4376 metabolites (TCP and/or DAPs) with some birth and neurodevelopmental outcomes. 

4377 The enrollment of the Mt. Sinai cohort overlapped with the cancellation of residential 

4378 uses of chlorpyrifos. However, the researchers have not evaluated the impacts of the 
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4379 phase-out of residential uses of chlorpyrifos on the health outcomes measured in their 

4380 publications. 

4381  The Center for Health Assessment of Mothers and Children of Salinas (CHAMACOS)

4382 cohort includes mothers and children from farm families who live in the Salinas Valley, 

4383 California and who are predominately of Mexican descent. This cohort is exposed to 

4384 many pesticides from multiple pathways such as occupational exposures and take-home 

4385 exposures. This team has associated urinary metabolites with some birth and 

4386 neurodevelopmental outcomes. 

4387

4388 Most relevant to the WPS rule is the CHAMACOS cohort. The CHAMACOS cohort, being 

4389 studied by researchers at the University of California, Berkeley, includes 601 primarily Latina 

4390 women from farmworker populations in the Salinas Valley, California. Using data from this 

4391 cohort, several studies have investigated the effects of OP pesticide exposure during pregnancy 

4392 on childhood development. Topics included take home exposure pathways (Eskenazi et al., 

4393 1999; Bradman et al., 2007), urinary metabolites of pesticides in mothers and their children 

4394 (Bradman et al., 2005; Eskenazi et al., 2007), birth outcomes (Eskenazi et al., 2004; Young and 

4395 Eskenazi, 2005) and neurodevelopmental outcomes (Eskenazi et al., 2007). These studies have 

4396 investigated the effects of organophosphate pesticide exposure during pregnancy on fetal growth 

4397 and gestational duration (Eskenazi et al., 2004), and the relationship between prenatal and child 

4398 organophosphate (OP) urinary metabolite levels with children’s neurodevelopment (Eskenazi et 

4399 al., 2007). 

4400

4401 The published exposure studies from the CHAMACOS cohort have focused on the six generic 

4402 organophosphate dialkylphosphate (DAP) metabolites in maternal and child urine samples, as 

4403 well as specific metabolites of malathion (malathiondicarboxylic acid, MDA), chlorpyrifos 

4404 (TCP), and parathion (4-nitrophenol) metabolites in maternal urine sample, plus a total of 27 

4405 commonly used agricultural pesticides found in house dust and the urine of farmworker children 

4406 (Bradman et al., 2003, 2005; Bradman 2007; Eskenazi et al., 2004, 2007).

4407

4408 The CHAMACOS findings suggest that young children in a farmworker community are exposed 

4409 to pesticides brought home by their parents, and that the pesticide exposure may be associated 

4410 with reduced mental development among young children (Eskenazi et al., 2007), abnormal 

4411 reflexes (Young et al., 2005), and shorter gestation (Eskenazi et al., 2004). 

4412

4413 Similar research in other cohorts is being conducted by both Columbia University and the Mt. 

4414 Sinai School of Medicine. This research is focused on urban women and their children, so the 

4415 pathways of exposure are different, and the range of pesticides to which mothers and children are 

4416 exposed are smaller, but these studies report similar results to the CHAMACOS study. All three 

4417 cohorts report delayed mental development associated with an increased exposure to OP 

4418 pesticides (Eskenazi et al., 2007, Rauh et al., 2006, Engel et al., 2007). The CHAMACOS and 

4419 Mt. Sinai cohorts both report positive associations between OP exposure and abnormal reflexes 

4420 in children (Engel et al., 2007, Young et al., 2005). Increased developmental disorders were 

4421 reported in both the CHAMACOS and Columbia cohorts (Eskenazi et al., 2007, Rauh et al., 

4422 2006, Lovasi, et al., 2011, Engel et al., 2011).

4423
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4424 Several recent studies have shown an association between organophosphate (OP) pesticides and 

4425 the development of behavior related to attention deficit/hyperactivity disorder (ADHD), such as 

4426 hyperactivity, inattention, and impulsivity. A study from the CHAMACOS cohort concluded 

4427 that in utero levels of organophosphate metabolites, and, to a lesser extent, postnatal levels were 

4428 associated with ADHD behaviors for five year old children (Marks et al., 2010). Similar 

4429 associations are seen in a study of the exposure of children to the organophosphate pesticide, 

4430 chlorpyrifos and attention problems, attention-deficit/hyperactivity disorder problems, and 

4431 pervasive developmental disorder problems at 3 years of age (Rauh, et al., 2006, Lovasi, et al., 

4432 2011, Engel et al., 2011). Using a national sample of 1,139 children, Bouchard et al. (2010), 

4433 found an association between OP metabolites and ADHD behaviors. In this study, compared to 

4434 children with undetectable metabolite levels, children with levels higher than the sample median 

4435 had almost twice the odds of having ADHD behaviors.

4436

4437 The biological mechanisms to cause such neurodevelopmental findings reported in these 

4438 epidemiology studies are not well understood and thus far causality has not been established. 

4439 However, when taken together, findings from three different cohorts show a potential link 

4440 between pesticide exposure and neurodevelopmental effects. Specifically, these studies suggest 

4441 that children exposed to OPs may be at a higher risk of adverse neuro-developmental and 

4442 neurobehavioral outcomes than children without OP exposures. The changes to the WPS will 

4443 reduce some of these exposures. 

4444

4445 4.4 Non-Quantified Benefits of Avoiding Acute Worker/Handler Incidents

4446

4447 In the next section, quantified estimates of the benefits of the rule changes are provided, but 

4448 these quantified estimates are based only on the value of reduced illness from acute pesticide 

4449 exposure to workers and handlers. The quantified estimates are limited to these effects because 

4450 sufficient data on illness from acute pesticide exposure exists to make a reasonable estimate. 

4451 The estimates, however, exclude many real health benefits that may result from the rule, but for 

4452 which sufficient data are not available to quantify these benefits. 

4453

4454 Included in the list of benefits to the rule which we are unable to quantify is the value of 

4455 mitigating the harm from a pesticide exposure. Certain provisions of the rule are designed to 

4456 enable workers to take action to decontaminate themselves or others after a pesticide exposure, 

4457 and to seek treatment after a pesticide exposure occurs. Although Section 4.5 discusses the 

4458 available incident data on pesticide exposures to agricultural farmworkers and attempts to value 

4459 the benefits from preventable pesticide incidents, many of the incidents that were deemed not 

4460 preventable could have been mitigated had the victim either been better trained to recognize the 

4461 potential harm from pesticide exposure or how to respond when an exposure occurs. During the 

4462 course of the incident review, EPA staff identified cases where mitigation could probably have 

4463 improved the outcome (see Section 4.5.3), but we do not have a way to value those benefits. 

4464 These incidents were determined to not be preventable by the WPS changes for various reasons 

4465 (e.g. exposure to fumigants, where recent changes to fumigant application requirements would 

4466 have prevented the exposure, or drift from a distance beyond which the WPS would be 

4467 protective), but workers did not respond by prompt decontamination, or delayed seeking medical 

4468 care. Included in the incident reports are workers who were drenched with pesticides, but did not 

4469 attempt decontamination until after the end of the work day, as well as those who did not seek 
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128

4470 medical care for days or weeks after the exposure. In such cases, the WPS would not prevent the 

4471 exposure, so these cases were not included in the preventable cases. Because we do not know all 

4472 of the details about the exposure levels, we cannot say for certain that the how much of the ill 

4473 effects from the exposure would have been prevented with proper mitigation, including 

4474 immediate decontamination, changing clothes if necessary and quickly seeking medical care. 

4475 However, many of the cases involved workers or handlers being exposed dermally to pesticides 

4476 that splashed or were sprayed on them or to residues in fields that had been treated (in the 

4477 situations of improper early entry). In these situations, it is reasonable to expect that the effects 

4478 of a short dermal exposure of several minutes are likely to be less severe than the symptoms of a 

4479 longer dermal exposure of several hours of more. 

4480

4481 Because of insufficient information on the rates of illness, the reduction in exposure that will 

4482 result from the WPS, and the dose/response relationship between exposure and illness, the value 

4483 of reducing pesticide exposure that may have reproductive effects for women is not quantified in 

4484 this analysis. Acute exposure to pregnant women (who may be farmworkers) or chronic 

4485 exposure to families can result in lifelong developmental, neurological, and behavioral effects in 

4486 children. The WPS rule changes that may reduce these effects, but those benefits are difficult to 

4487 quantify, so that is not attempted here. 

4488

4489 The benefits that can be quantified are presented in the next section. Other non-quantifiable 

4490 benefits from chronic exposures to workers and handlers are discussed in Section 4.8, based on 

4491 the possible chronic effects of pesticide exposure presented in Section 4.6. 

4492

4493 4.5 Quantified Benefit of Avoiding Acute Worker/Handler Incidents

4494

4495 EPA expects that the changes to the WPS will result in benefits by further protecting workers 

4496 and handlers and providing them with additional information on ways they can protect their 

4497 families. EPA estimates that the benefits from reduced acute pesticide exposure that can be 

4498 quantified to be between $575,000 and $2.6 million annually, although this is a substantial 

4499 underestimate. There are important non-quantifiable benefits that are not included in this 

4500 estimate, including farmworkers willingness to pay to avoid illness for themselves and their 

4501 families, as well as the benefit of avoiding illness associated with chronic pesticide exposure. 

4502 This section quantifies benefits from the reductions in adverse health effects to farm workers and 

4503 handlers associated with acute pesticide exposure.

4504

4505 4.5.1 Methodology and Data

4506

4507 A two-step process is used to estimate the benefits of the rule that accrue through avoiding acute 

4508 effects. EPA first estimates the number of acute pesticide poisoning incidents that will be 

4509 avoided through provisions in the rule. This is done by evaluating a sample of pesticide incident 

4510 reports to identify the proximate causes of the exposure. EPA then determines whether the

4511 provisions of the rule address the causes of the exposure to estimate the proportion of pesticide 

4512 incidents that would be avoided. This proportion is applied to the total number of reported 

4513 incidents to estimate the annual number of avoided incidents. As explained in Section 4.5.2, 

4514 under-reporting is likely large, which will lead to a downward bias in the estimated benefits. 
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129

4515 This downward bias could be eliminated, if the amount of under-reporting was known. A 

4516 discussion of under-reporting and the effect on the estimated number of incidents is provided at 

4517 the end of this section; the effect of under-reporting on the estimated benefits is provided at the 

4518 end of Section 4.5.4. Data for the first step in the estimation come from the Sentinel Event 

4519 Notification System for Occupational Risks – Pesticides (SENSOR-Pesticides), administered by 

4520 the National Institute for Occupational Safety and Health. SENSOR-Pesticides is a surveillance 

4521 program that monitors occupational illnesses related to pesticide exposure. 

4522

4523 The second step is to estimate the value of avoided incidents, given the severity of the effects. 

4524 The estimates here are based on avoided medical cost and avoided productivity loss. Because 

4525 these estimates do not include a victim’s willingness to pay to avoid illness, they underestimate 

4526 the value of prevented incidents. 

4527

4528 Information on medical costs comes from two sources. Cost of inpatient care comes from the 

4529 Healthcare Cost and Utilization Project (HCUP), which is a family of health care databases and 

4530 related software tools and products developed through a Federal-State-Industry partnership and 

sponsored by the Agency for Healthcare Research and Quality (AHRQ)44531 . HCUP databases bring 

4532 together the data collection efforts of state data organizations, hospital associations, private data 

4533 organizations, and the federal government to create a national information resource of patient4534 level health care data. HCUP includes the largest collection of longitudinal hospital care data in 

4535 the United States, with all-payer, encounter-level information beginning in 1988. Outpatient 

4536 costs come from the Healthcare Common Procedure Code (HCPC) Criteria, which is a Centers 

4537 for Medicare & Medicaid Services (CMS) classification system used for identifying medical 

services and procedures furnished by physicians and other health care professionals54538 .

4539

4540 Finally, data to estimate the value of productivity loss avoided comes from a variety of reports 

4541 from the Bureau of Labor Statistics. Details are presented in Section 4.5.4.

4542

4543

4544 4.5.2 Underreporting of worker/handler incidents

4545

4546 There is concern that pesticide incidents in general and among the agricultural workforce in 

4547 particular are underreported. At least four steps are necessary before an occupational pesticide4548 related illness can be recorded by any counting system: (1) workers must perceive that they have 

4549 treatable symptoms; (2) workers must seek medical attention; (3) the physician must diagnose 

4550 the symptoms as being pesticide related; and (4) the physician or the injured person must report 

4551 the incident to the correct recordkeeping system, and the incident must be recorded as pesticide 

4552 related. A breakdown at any of the steps would prevent a pesticide poisoning case from being 

4553 tallied in surveillance databases (Das et al., 2001).

4554

4555 (1) Workers and handlers must perceive that they have treatable symptoms of an illness. 

4556 Symptoms of acute pesticide poisoning illnesses and injuries are, unfortunately, usually not 

 

4 More information on the Healthcare Cost and Utilization Project is available here: 

http://www.ahrq.gov/research/data/hcup/

5 More information on the Healthcare Common Procedure Code system and codes is available here : 

http://www.cms.gov/Medicare/Coding/MedHCPCSGenInfo/index.html
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4557 uniquely indicative of pesticide effects. Dermatologic and ophthalmologic effects, such as skin 

4558 rashes and eye irritation, also have many other causes. Systemic poisoning by some of the more 

4559 common pesticides results in flu-like or cold-like symptoms, such as headache, nausea, vomiting, 

4560 dizziness, and a general feeling of malaise. Allergic effects may be either upper-respiratory 

4561 problems that mimic hay fever symptoms, or dermatologic effects similar to those caused by 

4562 exposure to poison ivy. Symptoms such as weakness, headaches, dizziness, loss of 

4563 consciousness, nausea and vomiting, or loss of consciousness are also associated with heat stress 

4564 or heat stroke. Many farmworkers may not perceive that their symptoms are related to pesticide 

4565 exposures because, unlike handlers, they are not working directly with pesticides and may not 

4566 realize that they were exposed to pesticide residues.

4567

4568 (2) Workers and handlers must seek medical attention. Except in life-threatening emergencies, 

4569 many pesticide-related acute health effects will gradually disappear without medical 

4570 intervention. For example, inhibition of the cholinesterase enzyme by pesticide exposure results 

4571 in some of the more common acute systemic poisoning symptoms. In many cases, this inhibition 

4572 will gradually (depending on the family of pesticide, severity, and repetition of exposure) 

4573 dissipate without treatment. Allergic, dermatologic, and ophthalmologic effects will, in most 

4574 cases, gradually disappear when exposure to the causal pesticide diminishes. Therefore, many 

4575 agricultural workers with treatable symptoms may not seek physician care. A survey of 

4576 California workers whose illnesses had been reported to a surveillance system showed that in 

4577 40% of the cases, other workers exposed in the same incidents did not seek medical treatment 

4578 (Das et al., 2001), an example of cases that are underreported. 

4579

4580 Furthermore, agricultural workers' and handlers’ access to medical care is poor. A report on 

4581 migrant farmworkers found that 85% of migrant agricultural workers were uninsured, and only 

4582 20% had received any health care in the previous two years; the two most important reasons for 

4583 reduced health care access were cost and language difficulties (Rosenbaum and Shin, 2005). 

4584 These findings are supported by the 2011-12 National Agricultural Workers Survey (NAWS) 

4585 data (DoL, 2011 – 2012). In general, agricultural workers surveyed by NAWS do not have 

4586 access to employer-provided health insurance – in 2011-2012, only 21% of farmworkers 

4587 reported having the option for employer-provided health insurance. USDA research, based on 

4588 NAWS data, also reports that workers have difficulty entering the health care system to receive 

4589 treatment. Cost was a significant barrier for two-thirds of farmworkers, while about a third listed 

4590 language barriers as an impediment to receiving care. The problem is more severe among 

4591 undocumented workers because they fear seeking treatment will lead to deportation or other 

4592 adverse legal action (Kandel, 2008).

4593

4594 The federal Medicaid program provides medical care for qualifying low-income persons. 

4595 Although low-income, many agricultural workers are not eligible for Medicaid assistance or 

4596 have difficulty enrolling in Medicaid programs:

4597  Many migrant and seasonal farmworkers are not eligible for Medicaid. One significant 

4598 barrier is that, under current law, states cannot provide Medicaid coverage to non4599 disabled low-income adults without dependent children. Further, since 1996, recent 

4600 immigrants, including legal immigrants, have been excluded from Medicaid for the first 

4601 five years they reside in the United States. From a financial eligibility perspective, 

4602 some states use monthly budgeting rules and have restrictive asset tests, which make it 
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4603 difficult for low-income workers with fluctuating incomes and assets needed for 

4604 employment (e.g., a truck) to qualify. 

4605  Eligible migrant and seasonal farmworkers can have difficulty enrolling in Medicaid. 

4606 Migrant and seasonal farmworkers who are eligible for Medicaid may have difficulty 

4607 completing the application and enrollment process. Given their limited English skills, 

4608 it can be very difficult for them to complete long application forms or meet extensive

4609 verification requirements, particularly if there is limited availability of language 

4610 assistance. Inaccessible site locations can also impede enrollment. (Rosenbaum and 

4611 Shin, 2005). 

4612

4613 A survey in Washington State identified several key barriers to seeking medical care for 

4614 agricultural workers, including the loss of wages while seeking care, loss of their job through 

4615 retaliation, cost, lack of transportation, and lack of trust in the healthcare provider (Washington 

4616 State Department of Health, 2003). 

4617

4618 Many agricultural workers average 6-day work weeks during their peak work season. Without 

4619 sick leave or similar benefits and often already below the poverty level, they may be reluctant to 

4620 miss a day's work (and, thus, a day's wage) or risk losing their job if they are absent to seek 

4621 medical care. Furthermore, farmworkers in the Washington state survey were unaware that their 

4622 medical bills would be covered by workers compensation and feared employer disapproval if it 

4623 were discovered that they reported that their illness was caused by an unsafe practice on the farm 

4624 (Washington State Department of Health, 2003). 

4625

4626 (3) The physician must diagnose the symptoms as being pesticide related. When medical 

4627 treatment is sought, the treating medical personnel may not specifically diagnose the illness or 

4628 injury as being caused by an occupational exposure to pesticides. Many signs and symptoms of 

4629 such poisoning may be treated symptomatically or an occupational connection may not be 

4630 drawn. Like their patients, physicians and other healthcare providers often have difficulty in 

4631 ascertaining the cause of agricultural workers' illnesses and injuries, since the symptoms mimic 

4632 those of other illnesses and injuries. It is unknown how often physicians mistake pesticide 

4633 poisonings for other causes, because they may not associate vague or common symptoms with 

4634 pesticide poisonings. The person seeking care may not know or identify the cause of the 

4635 poisoning as a pesticide. In addition, there may not be laboratory tests to confirm suspicions of 

4636 pesticide exposure, and physicians may be more concerned with treating symptoms rather than 

4637 confirming the causes. 

4638

4639 (4) The physician must report the incident to a recordkeeping system, and the incident must be 

4640 recorded as pesticide related. Occupational diseases in general are more likely to be under4641 reported than occupational injuries. A 1991 study of farmworker health and safety in the State of 

4642 Washington says: "Frequently, occupational diseases simply do not appear in workers' 

4643 compensation records, even when clear-cut. This is due to reporting disincentives and inherent 

4644 difficulties in health care providers recognizing conditions as work-related." (Washington, 1991). 

4645

4646 Barriers to accurate reporting by physicians include a lack of awareness of reporting 

4647 requirements and opportunities, reluctance to engage in reporting that might result in legal or 

4648 bureaucratic difficulties, and the time constraints on physicians that may prevent them from 
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4649 completing records and reporting incidents (Azaroff et al., 2002, Baker et al., 1998). For 

4650 example, a report by the Arizona Office of the Auditor General found: "[S]ome physicians and 

4651 healthcare officials suggest that cases may not be reported because healthcare professionals fear 

4652 becoming involved in a lawsuit or occupational injury claim in which they might have to defend 

4653 an uncertain diagnosis in court. Our review of literature on the subject corroborated this 

4654 statement" (Arizona, 1990). A California Department of Pesticide Regulation project to 

4655 familiarize physicians with the reporting requirement and a definition of pesticide determined 

4656 that focused outreach to physicians substantially increased physician reporting (Orr and Mehler, 

4657 2000). 

4658

4659 If any of the four steps needed for accurate recording of an occupational pesticide incident are 

4660 not completed, then it will not appear in surveillance databases. There is evidence in the 

4661 literature that occupational medical incidents, especially exposures to poisons, are underreported, 

4662 although some of this is anecdotal. This may be even more likely in the agricultural sector, due 

4663 to the nature of the workforce (Kandel, 2008). In addition, many exposures do not result in acute 

4664 symptoms, but accumulated exposure over time can result in chronic symptoms, which may 

4665 occur many years after exposure, as discussed below. Exposures that do not cause immediate 

4666 symptoms are unlikely to be reported. Several studies indicate that under-reporting of illness is 

4667 common, both for occupational illnesses and for poisoning incidents, with an estimate of 

4668 underreporting ranging from 20 – 70%. These studies are listed in Table 4.5-1, and are 

4669 summarized after the table.

4670

4671 In addition to the four steps listed above, there is another step whereby exposure incidents are 

4672 not reported to the SENSOR-Pesticides database used in this analysis. If a record does not meet 

4673 the criteria for inclusion in a surveillance database, it means that an exposure will not be 

4674 recorded, reported and available for review. This fifth step can exclude many potential cases that 

4675 would be relevant to evaluating the changes to the WPS. It is discussed below with evidence of 

4676 the amount of underreporting in this step based on information from California pesticide 

4677 exposure incidents.

4678
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Table 4.5-1 Summary of Results from Underreporting Studies

Date Title Goal of Study Underreporting Estimate

1990

Treated vs. Reported Toxic 

Exposures: Discrepancies 

Between a Poison Control 

Center and a Member 

Hospital (Harchelroad et al., 

1990)

Compare poison control 

center reports to actual toxic 

exposures presented to an 

urban area hospital

74%a

1983

Patterns in Hospitals’ Use of 

a Regional Poison 

Information Center (ChafeeBahamon et al., 1983)

Observing usage patterns of a 

poison information center by 

hospital staff over a two-year 

period

“Sufficiently Large”b

1987

Interpretation and Uses of 

Data Collected in Poison 

Control Centers in the 

United States (Veltri et al., 

1987)

Identifying the strengths and 

weaknesses of the American 

Association of Poison Control 

Centers National Data 

Collection System

67%

2006

California Surveillance for 

Pesticide-Related Illness and 

Injury: Coverage, Bias, and 

Limitations (Mehler, et al.,

2006) 

Evaluate the strengths and 

weaknesses of the California 

Pesticide Illness Surveillance 

Program

47% of hospitalizations 

for agricultural workers, 

84% of poison control 

reports for all 

occupational exposure

2008

Hidden Tragedy: 

Underreporting of 

Workplace Injuries and 

Illnesses (US House of 

Representatives, 2008)

Identifying issues involving 

the inclusiveness of reported 

workplace injuries and 

illnesses

69%

2008

Examining Evidence on 

Whether BLS Undercounts 

Workplace Injuries and 

Illnesses (Ruser, 2008)

Identifying underreporting for 

the Bureau of Labor Statistics, 

and how they can be corrected

20-70%c

2008

Acute Pesticide Poisoning 

Among Agricultural

Workers in the United 

States, 1998–2005 (Calvert, 

et al., 2008)

Identifying agricultural 

pesticide exposure incidents 

and estimate incident rates

88% to 95%, when 

compared to the 

Department of Labor 

National Agricultural 

Workers Surveyd

Notes: 

a The Emergency Medical Dispatcher evaluated found only 26% of cases were relayed to the regional Poison Control Center; 

resulting in underreport of 74%

b

“Sufficiently Large” represents the authors’ interpretation of the differences between hospital’s poisoning reports and the 

hospital records, indicating a problematic discrepancy.

c Undercount estimates related to the Survey of Occupational Injuries and Illnesses, conducted by BLS

d Based on calculation in Calvert et al., 2008, comparing SENSOR-Pesticides to the National Agricultural Workers Survey

4679

4680 The next few paragraphs summarize and provide more information on the studies listed in Table 

4681 4.5-1. The Bureau of Labor Statistics conducts an annual Survey of Occupational Injuries and 

4682 Illnesses (SOII), which provides a summary on the safety of the nation’s workplaces. Ruser 

4683 estimates that the SOII undercounts occupational illnesses, but the estimate range is wide, 20 to 

4684 70 percent (Ruser, 2008). Although attempting to record injuries and illnesses on a national 

4685 scale, the SOII omits some groups from the survey entirely. Self-employed, household and 
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4686 small-farm workers are not recorded in the SOII. Work-related deaths are also unaccounted for 

4687 within the survey. The BLS realizes the undercount of its SOII, noting that many conditions, 

4688 notably those caused by exposure to carcinogens, are often difficult to associate to the 

4689 workplace, although some correlation may exist.

4690

4691 The House Committee on Education and Labor estimates that up to nearly 70% of illnesses and 

4692 injuries may never make it to the often cited SOII (U.S. House of Representatives, 2008). 

4693 According to experts, a major cause of underreporting may be due to the fact that employers may 

4694 have certain incentives to minimize reporting, because those operations with fewer injuries and 

4695 illnesses are less likely to be inspected by the Occupational Safety and Health Administration 

4696 (OSHA). 

4697

4698 There have been three studies on undercounts involving poison control data. The studies each 

4699 focus on a specific region and compare cases reported to poison control with those poisonings 

4700 for which there are hospital records. In all three cases, the studies indicate a substantial 

4701 underreporting of poisoning incidents. Note that these studies only estimate the underreporting 

4702 by physicians (i.e., Step 4 in the chain of events for an event to be recorded) – poisoned people 

4703 not seeking medical care or where the cause is misdiagnosed would not be counted in these 

4704 studies.

4705

4706 Harchelroad et al. (1990) compared cases, reported to Poison Control Centers (PCC), of actual 

4707 toxic exposure results documented by an emergency department to a member hospital. Of the 

4708 470 exposures that were observed by the emergency department, only 26% were ever 

4709 documented and reported. The study suggests that lack of awareness or complacency to toxic 

4710 exposure on the part of the potential callers are probably the major cause for non-reporting. 

4711

4712 Chafee-Bahamon et al. (1983) investigated the variability of reporting by different hospitals. In 

4713 similar regional hospitals, there were significant differences in the identification of poisonings 

4714 among admitted patients. The authors doubt that the large difference between the documented 

4715 hospitals is due to diagnostic practices alone. In particular, emergency room staff in rural 

4716 hospitals or hospitals far from poison control centers were identified as being less likely to call 

4717 poison control centers, so the cases were less likely to be recorded in poisoning databases.

4718

4719 The third study, by Veltri et al. (1987), noted problems with the reporting of diagnoses of 

4720 illnesses and injuries. This study suggests that not only underreporting but misreporting may 

4721 occur. In this case, only about one-third of the cases evaluated at a regional medical center 

4722 could be directly matched to respective poisoning reports. Misclassifications of illnesses and 

4723 injuries are believed to be a frequent occurrence, which indicates that existing data on pesticide 

4724 poisonings may be consistently low.

4725

4726 A study by Mehler et al. (2006) evaluated the efficacy of the California Department of Pesticide 

4727 Regulation (CDPR) surveillance database, the Pesticide Illness Surveillance Program (PISP). 

4728 The California PISP is widely regarded as the best pesticide illness surveillance data among the 

4729 states. Even so, by comparing PISP incident data to hospitalization records and poison control 

4730 center records, Mehler et al. reported that only 16% of occupational pesticide incidents were 

4731 reported to the PISP. Among occupational agricultural incidents involving fewer than five 
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4732 people, only 53% of hospitalizations and 52% of poison control center incidents were 

4733 represented in PISP data. Among non-occupational agricultural incidents involving fewer than 

4734 five people, only 38% of hospitalizations and 43% of poison control center records were found in 

4735 PISP records. This problem, however, did not appear to extend to serious cases with multiple 

4736 victims, as the authors did not find underreporting for cases with five or more people involved. 

4737 Of course, the study only covers cases that were already a part of the health care system, 

4738 otherwise they could not have been compared to the PISP.

4739

4740 Calvert et al., (2008), estimated incidence rates of agricultural pesticide poisoning, finding that, 

4741 among agricultural workers annual pesticide poisonings occurred at a rate of 51 per 100,000 

4742 farmworkers. Calvert compares these to results from the Department of Labor’s National 

4743 Agricultural Worker’s Survey (NAWS), which in 1999 survey farmworkers about pesticide 

4744 exposure, illness and medical treatment. Calvert et al. report, based on the SENSOR-Pesticides 

4745 data, that 0.07% of farmworkers suffer acute occupational pesticide poisonings annually. They 

4746 compare that to the NAWS, which reports that 1.4% of agricultural workers suffered medical 

4747 symptoms as a result of pesticide exposure, and that 0.6% received medical treatment for illness 

4748 from pesticide exposure. If these numbers are correct, that suggest 0.53% (the difference 

4749 between 0.6% and 0.07%) of farmworkers received medical treatment but were not reported to 

4750 the pesticide illness surveillance system, and 1.33% (the difference between 1.4% and 0.07%) 

4751 suffered symptoms that were not recorded in counts of pesticide incidents. These number 

4752 suggest substantial underreporting: if 0.53% of the 0.6% were not recorded, that is an 

4753 underreporting rate of 88%. If we were to think about incidents including those where medical 

4754 treatment is not sought, then 1.4% of farmworkers had illness from pesticide exposure, but 

4755 1.33% were not recorded, which is an underreporting rate of 95%.

4756

4757 There are additional reasons to think that pesticide incidents specifically are underreported. The 

4758 OPP Report on Incident Information (EPA, 2007) lists several factors that cause pesticide 

4759 incidents to be underreported, most of which are consistent with breakdowns in steps 3 and 4 

4760 above. According to the OPP Report on Incident Information, these include

4761

4762  The lack of a universal, mandatory legal duty to report incidents;

4763  No central reporting point for all incidents;

4764  Symptoms associated with pesticide poisonings often mimic other causes;

4765  Physicians may misdiagnose due to a lack of familiarity with pesticide effects;

4766  Incidents may not be investigated adequately to identify the pesticide that caused the 

4767 effects;

4768  Difficulty in identifying and tracking chronic effects;

4769  Reluctance or inability to report by physicians;

4770  Limited geographic coverage for individual poisoning databases.

4771

4772 There are also good reasons to think that underreporting is at least as significant in the 

4773 agricultural sector among workers and handlers as it is in the general population, due to the 

4774 characteristics of the agricultural workforce. Kandel (2008) describes the hired farmworker 

4775 population as “... younger, less educated, more likely to be foreign-born, and less likely to be 

4776 citizens or authorized to work in the United States.” These attributes reflect a relatively 

4777 disadvantaged workforce that may be less likely or able to seek medical care or report pesticide 
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4778 incidents to their employers or anyone else. The literacy, language, legal, economic and 

4779 immigration status described in Chapter 1 create challenges for workers who wish to seek 

4780 medical care, which would be a primary route for pesticide incidents to be reported and available 

4781 to be counted in poisoning databases. Calvert et al., (2008), reports on data from an earlier 

4782 National Agricultural Worker Survey that indicates 3.2% of agricultural workers reported a 

4783 known exposure, and 43% of those had physical symptoms from the exposure. Only 0.6% in the 

4784 survey had received medical care for a pesticide exposure. Although these characteristics do not 

4785 describe all farmworkers, they do paint a picture of a population that does not have a lot of 

4786 resources to seek healthcare, may be unwilling to interact with health workers because of their

4787 immigration status, or have difficulty communicating with health workers when they do seek 

4788 medical assistance as a result of a pesticide exposure.

4789

4790 Although EPA’s estimates of acute pesticide illnesses prevented by the changes to the WPS are 

4791 based on reported incidents, other measures show that pesticide exposure to farmworkers is more 

4792 common than the incident data show. As an example, Arcury et al. (2010) tested urine samples 

4793 among seasonal farmworkers in North Carolina for metabolites of pesticides, which indicate 

4794 pesticide exposure, even if the farmworkers were unaware. The authors report that all of the 

4795 cohort of 196 farmworkers who were tested four times during a growing season, had detections 

4796 of four or more metabolites. About 2/3 of tested farmworkers had detections for seven or more 

4797 different metabolites. The study does not report whether the exposures were sufficient to require 

4798 medical care, but the results do indicate that exposure is common. Also, this kind of low level, 

4799 common exposure has the potential to cause chronic illnesses, which are discussed in Section 4.6 

4800 and 4.8.

4801

4802 SENSOR-Pesticides

4803

4804 The primary source of pesticide exposure incidents that EPA uses in this analysis to estimate 

4805 prevented acute illness is the SENSOR-Pesticides database. The SENSOR-Pesticides database 

4806 covers 12 states from 1998-2011, although reporting varies from state to state and from year to 

4807 year. Cases of pesticide-related illnesses are ascertained from a variety of sources, including: 

4808 reports from local Poison Control Centers, state Department of Labor workers’ compensation 

4809 claims when reported by physicians, reports from State Departments of Agriculture, and 

4810 physician reports to state Departments of Health. Although both occupational and non4811 occupational incidents are included in the database, SENSOR-Pesticides focuses on occupational 

4812 pesticide incidents, and is of particular value in providing that information. A state SENSOR4813 Pesticides specialist attempts to follow-up with occupational and high priority cases (high 

4814 severity and multiple case events, for example) and obtains medical records to verify symptoms, 

4815 circumstances surrounding the exposure, severity, and outcome. Using standardized case 

4816 definition and list of variables, SENSOR-Pesticides coordinators at State Departments of Health 

4817 enter the incident interview description provided by the case, medical report, physician and 

4818 patient into the SENSOR-Pesticides system.

4819

4820 A case is considered by CDC/NIOSH to be reportable to SENSOR-Pesticides when any adverse 

4821 health effect, resulting from exposure to a FIFRA-defined pesticide product, occurs. Cases, 

4822 including all low severity cases, must report at least two symptoms to be included in the 

4823 database. Cases must also be categorized as definite, probable, possible, or suspicious based 
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137

4824 upon a rigorous case classification matrix that takes into account: the temporal relationship 

4825 between adverse health effects and exposure, evidence of a causal relationship between 

4826 symptoms and the pesticides. “Unlikely” cases are not reportable to SENSOR-Pesticides.

4827

4828 EPA’s attempt to quantify preventable poisoning cases also indicates that there are a substantial 

4829 number of cases that do not get reported in the SENSOR-Pesticides database used for estimating 

4830 the benefits here. As part of the process to determine if SENSOR-Pesticides cases are relevant to 

4831 the WPS rule changes and determine if they are preventable (see Section 4.5.3), EPA staff 

4832 investigated the SENSOR-Pesticides incident reports and sought out additional information from 

4833 the CDPR PISP for those cases from California.

4834

4835 California Pesticide Illness Surveillance Program (PISP) 

4836

4837 The California Pesticide Illness Surveillance Program (PISP) maintains a database of pesticide4838 related illnesses and injuries. Case reports are received from physicians and via workers’ 

4839 compensation records. The local County Agricultural Commissioner investigates circumstances 

4840 of exposure. Medical records and investigative findings are then evaluated by DPR technical 

4841 experts and entered into an illness registry.

4842

4843 PISP contains both residential and occupational pesticide incidents. PISP has limited coverage

4844 (only California) and is not particularly useful for national trend information. However, the 

4845 incident information is entered by professionals with expertise in pesticides, with extensive 

4846 follow-up on each reported case so there is a high level of confidence in the information 

4847 provided for each reported incident. PISP is an active surveillance program. 

4848

4849 SENSOR-Pesticides, which is populated by the California Department of Public Health, did not 

4850 capture many pesticide incidents that were identified in the CDPR PISP, which is an example of 

4851 the fifth step in which exposure incidents can be underreported. Because the estimates of 

4852 pesticide incidents avoided in Section 4.5.3 are based on SENSOR-Pesticides, these are incidents 

4853 that are not included in our benefits estimates. The number of cases not captured in the 

4854 SENSOR-Pesticides data that are found in PISP may be important to consider in this analysis to 

4855 characterize part of the underreporting. It appears that the number of SENSOR-Pesticides 

4856 incidents that were found to be relevant for the WPS changes and proposed changes to the 

certification standards64857 is substantially smaller than the potentially relevant cases in the PISP 

4858 data. From 2008 – 2011, the PISP data show 1,043 cases potentially relevant to at least one of 

4859 the two rules, and the SENSOR-Pesticides reports for relevant cases show 326 cases, so only 

4860 31% of potentially relevant PISP cases appear in SENSOR-Pesticides.

4861

4862 EPA reviewed the individual cases for 2008, where there were 324 cases in PISP. Only 78 of 

4863 these cases (24%) were in SENSOR. EPA selected 2008 as a reference year to investigate the 

4864 differences between PISP and SENSOR-Pesticides because it was more likely that all relevant 

4865 investigations had been concluded for the cases from 2008 compared to 2011. EPA identified 

 

6 EPA is engaged in another rulemaking proposing changes to the standards for competence of certified pesticide 

applicators. SENSOR pesticide incidents are allocated to this rule or that one, to ensure no double-counting of 

incidents. 
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138

4866 the following reasons why the 246 remaining PISP cases were not included in our query of the 

4867 SENSOR data:

4868

4869  In 96 cases, the worker did not seek medical attention, which is a criterion for a case 

4870 being included in SENSOR-Pesticides. This was also discussed earlier as a reason for 

4871 an incident not being reported. For the 324 cases in PISP for 2008, these 96 workers 

4872 account for 30% of the cases.

4873  For 21 of the cases, the worker only exhibited one symptom from the pesticide 

4874 exposure. A case must include two or more symptoms to be included in SENSOR4875 Pesticides.

4876  Thirty-one cases involved drift of an agricultural pesticide into a residential area. While 

4877 SENSOR-Pesticides does include some incidents like this, the focus of SENSOR4878 Pesticides is on occupational exposures. It is possible that these 31 cases were not 

4879 included because they were not occupational exposures.

4880  There were 23 cases associated with an incident involving an antimicrobial pesticide, 

4881 which may not have been identified as a pesticide and therefore not included.

4882  Twenty-one cases were not included for other reasons, including being part of a high 

4883 profile incident that may not have been reported to the database at the time (because of 

4884 the sensitivity), being based on an initial report but not final investigation, being 

4885 identified for different years (e.g., 2007 in SENSOR and 2008 in PISP), and being 

4886 entered into the system late.

4887  Finally, there were 54 cases where we could not identify a reason that the incident was 

4888 not included in SENSOR-Pesticides.

4889

4890 As shown by the analysis of the 2008 cases, a number of factors could account for the difference 

4891 in cases between SENSOR-Pesticides and PISP. As explained above, the two surveillance 

4892 programs have different standards for case inclusion and ascertainment. In most of the cases, the 

4893 incidents in PISP may not have met the standards to be included in SENSOR-Pesticides (e.g. 

4894 there was only one poisoning symptom, or the victim was not evaluated by a health professional) 

4895 or the incident may have seemed otherwise outside the scope of SENSOR-Pesticides (e.g., the 

4896 incident did not involve occupational exposure or it did not seem to involve a pesticide). In other 

4897 cases, particularly those that involve 5 or more people, the report in SENSOR-Pesticides may be 

4898 based on an initial notification of an incident but not the final investigation summary that is in 

4899 PISP, resulting in differences in the number of people injured. The active ingredient, 

4900 enforcement response or other information may also be different, resulting in our inability to 

4901 categorize an incident in SENSOR-Pesticides as relevant. CDPR also has the County 

4902 Agricultural Commissioner investigate every case of illness exposure that is entered into PISP. 

4903 Thus, the evaluation of the likelihood of the illness being associated with pesticide exposure is a 

4904 combination of medical evaluation and information from the field. Finally, cases that are 

4905 reported to DPR from poison control, County Agricultural Commissioner investigations, or tips 

4906 and complaints from the general public may not get reported to CDPR and consequently to 

4907 SENSOR-Pesticides. While the two state agencies invest considerable time in ensuring one 

4908 uniform list of statewide occupational illnesses, differences remain. These figures indicate that 

4909 many pesticide exposure incidents are not included in the data used for the quantified benefit 

4910 estimates of this rule. 

4911
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139

4912 Comparing SENSOR-Pesticides to PISP

4913

4914 The analysis of the differences between PISP and California cases in SENSOR-Pesticides for 

4915 2008 can be used to estimate the underreporting that occurs at other points in the process than the 

4916 estimates in the studies shown in Table 4.5-1. In particular,

4917

4918  Seeking medical attention is discussed as the second of the steps identified by Das et al.

4919 (2001) that lead to underreporting (see Section 4.5.2). For the 2008 PISP data, the 

4920 worker did not seek medical attention in 30% of the cases (96 cases out of 324 total 

4921 cases). We assume that 30% of the cases are not reported because of this reason (or that 

4922 70% of the cases are reported).

4923  The studies discussed in Table 4.5-1 estimate the share of incidents that are reported by 

4924 physicians into a recordkeeping system, which is discussed as step 4 by Das et al. (2001). 

4925 Based on the information reported in those studies, we assume that 70% of cases are not 

4926 reported for this step (or that 30% of the case are reported).

4927  For a variety of reasons, including not meeting the criteria for inclusion in SENSOR4928 Pesticides, possibly being outside the focus of SENSOR-Pesticides, and for logistical 

4929 reasons other than those discussed above, known pesticide incidents do not appear in 

4930 SENSOR-Pesticides. In addition to the 96 cases that did not seek medical care in the 

4931 2008 PISP data, there were 150 other cases that were in PISP but not SENSOR4932 Pesticides. This means that 46% of the cases (150 out of 324 cases) were not reported for 

4933 other reasons, so we estimate that 46% of cases do not get into SENSOR-Pesticides (or 

4934 54% of the cases are reported). 

4935

4936 Considering only the underreporting due to these three factors, EPA estimates that in California, 

4937 about 11.3% of incidents in 2008 were reported to SENSOR-Pesticides. While this estimate may 

4938 seem low, it is calculated by multiplying the percent of cases that are reported in each step: 0.7 

4939 (sought medical attention) * 0.3 (cases reported by medical staff) * 0.54 (made it into SENSOR4940 Pesticides by meeting the criteria, being in the scope of the database, etc.). While this analysis 

4941 covered the incidents reported for only one year, it is important information because it deals 

4942 specifically with cases involving occupational exposures to agricultural pesticides.

4943

4944 This is still a conservative estimate that does not quantify the impact of all of the reasons 

4945 incidents may not be counted that are discussed in this section, such as step 1 (workers and 

4946 handlers must perceive that they have treatable symptoms of an illness) and step 3 (the physician 

4947 must diagnose the symptoms as being pesticide-related). The description of the SENSOR4948 Pesticide cases indicated that some workers or employers attributed their symptoms to other 

4949 causes, such as a virus, general fatigue, heat, or something they ate. However, EPA does not 

4950 have enough information to attempt to quantify this factor. We also do not have information 

4951 available to attempt to identify the percent of incidents that are underreported by physicians 

4952 diagnosing symptoms as being caused by something other than pesticides.

4953

4954 The limited available data for pesticide poisonings of farmworkers are consistent with the 

4955 conclusion that only a small fraction of the symptoms of pesticide poisoning are likely to lead to 

4956 medical attention and possible diagnosis. Later in this chapter estimates of acute benefits from 
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140

4957 avoided pesticide incidents are provided, based on reported data. A discussion of the impacts of 

4958 underreporting on those estimates is provided at the end of Section 4.5.

4959

4960

4961 4.5.3 Pesticide Incidents Avoided

4962

4963 As described above, the Sentinel Event Notification System for Occupational Exposure 

4964 (SENSOR-Pesticides) is a surveillance program from the National Institute for Occupational 

4965 Safety and Health (NIOSH) designed to monitor occupational illnesses related to pesticide 

4966 exposure. This database contains detail on the occupational exposures that led to the incident 

4967 report, their severity and their causes. SENSOR-Pesticides reports generally contain sufficient 

4968 detail to identify the type of pesticide involved in the incident and to evaluate the circumstances 

4969 of the incident. These data are used to estimate the final rule’s effect on pesticide incidents by 

4970 evaluating the proportion of incidents that would be avoided due to the rule. 

4971

4972 The database from SENSOR-Pesticides is used for estimating the final rule’s effect. EPA 

4973 obtained data for a four-year period, 2008 to 2011, during which time ten states (California, 

4974 Florida, Iowa, Louisiana, Michigan, Nebraska, North Carolina, Oregon, Texas, and Washington) 

4975 reported incidents involving pesticides to SENSOR-Pesticides. Although SENSOR-Pesticides 

4976 data are available for earlier years, only data from 2008 – 2011 are used in this evaluation

4977 because it is the most recent multi-year data available and therefore are most likely to represent 

4978 the pesticides, equipment and agricultural practices used today. Because only ten states reported 

4979 to SENSOR-Pesticides over this time frame, we extrapolate the expected number of incidents 

4980 and incidents avoided to the national level.

4981

4982 To estimate the annual national number of pesticide incidents avoided by this rule, we need to 

4983 scale the data from the SENSOR-Pesticides states to the national level. If we let PIs,l be the 

4984 number of preventable incidents in the SENSOR-Pesticides states, and FWs be the number of 

4985 farmworkers in the SENSOR-Pesticides states, then we can define RPs,l = PIs,l/FWs, which will 

4986 be an estimate of the number of preventable incidents per farmworker, which is done for each 

4987 level of likelihood for the incident being avoided. We will assume that the rate of preventable 

4988 incidents per farmworker nationally, RPn,l, is equal to RPs,l. Therefore, we can estimate the 

4989 national level of preventable incidents by multiplying RPn,l by the number of farmworkers 

4990 nationally. We can do a similar estimation using farms, rather than farmworkers. 

4991

4992 RPs,l, the rate of preventable incidents per farmworker, is estimated by taking the number of 

4993 avoided incidents annually, and dividing it by the number of farmworker in the SENSOR4994 Pesticides states, and then scaling the result into preventable incidents per 1,000 farmworkers, 

4995 and similarly for farms. The estimates for farmworkers and farms are from the same data as in 

4996 Chapter 3, although more disaggregated. The estimated incident rates and national estimates of 

4997 avoided incidents are shown in Table 4.5-3, below. 

4998

4999 EPA did not use all the available SENSOR-Pesticides case reports for this determination. 

5000 Certain pesticides, identified as Restricted Use Products (RUPs), can only be applied by certified 

5001 applicators or applicators under their direct supervision. These applicators are subject to separate 

5002 regulations, which are also being revised. To avoid double counting avoided incidents, EPA 
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141

5003 reviewed each of the RUP cases to determine whether it should be used to support the WPS 

5004 changes, the certification rule changes, or neither.

5005

5006 To ensure a consistent approach in reviewing incidents and to avoid double counting incidents by 

5007 using them to support both the proposed changes to the pesticide applicator certification 

5008 regulations and the final regulations on the Worker Protection Standard, EPA compiled cases 

5009 from three separate queries of SENSOR-Pesticides into one database. These three queries were:

5010 • Cases from 2009 and 2010 that involved a restricted use product and had at least one 

5011 contributing factor (also known as a prevention code) identified. EPA initially focused 

5012 this query on cases with prevention codes to draw upon the training and expertise of 

5013 NIOSH and the SENSOR-Pesticides state surveillance coordinators who investigate 

5014 and code these cases. However, further investigation revealed that some relevant 

5015 incidents were not captured because the prevention code was identified as “other” or 

5016 “unknown.” The cases from this query focused on incidents related to the proposed 

5017 certification rule and, at the time of the query, represented the two most recent years of 

5018 available data.

5019 • Cases from 2008 through 2011 that occurred in an agricultural setting, which was identified 

5020 based on the occupational and industry codes in SENSOR-Pesticides. This query 

5021 focused on incidents related to the WPS and, at the time of the query, represented the 

5022 four most recent years of available data.

5023 • Cases from 2008 through 2010 that involved drift from an agricultural application. This 

5024 query was run to ensure that we captured all relevant drift cases. If a pesticide applied 

5025 to an agricultural crop drifted onto bystanders in a different profession (such as teachers 

5026 or cooks at a school), the industry and occupational codes of the bystanders would 

5027 reflect their industry and may not be captured by the query in the previous bullet that 

5028 searched for agricultural occupational and industry codes. This query focused on drift 

5029 incidents related to the WPS and, at the time of the query, represented the three most 

5030 recent years of available data.

5031

5032 The cases from these three queries were combined into one data set to account for duplicate 

5033 cases (i.e., cases identified by more than one of the queries). The pesticide (or pesticides) 

5034 involved with each case was analyzed to determine whether or not it was a restricted use 

5035 pesticide (RUP). In many cases, the specific pesticide product EPA registration number was 

5036 identified so a definite determination could be made about whether the pesticide was an RUP. In 

5037 some cases, only the active ingredient was identified so the determination of the product’s RUP 

5038 status could not be made definitively.

5039

5040 The cases that involved an RUP (or that likely involved an RUP if the specific product was not 

5041 known) were initially assumed to be related to the certification rule. However, EPA reviewed 

5042 each of these cases to determine whether it was more related to the certification regulation or the 

5043 WPS. For example, if an incident involved workers entering a field before the restricted entry 

5044 interval of an RUP expired, this would be related to the WPS even though it involved an RUP 

5045 because Certification is relevant to the competency of the applicator, not protection of workers 

5046 after the application is complete. If an RUP incident was determined to be more likely to be 

5047 prevented by the changes to the WPS, it is included in this analysis of the WPS and will not be 

5048 used to inform the certification rule changes to avoid double counting.
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142

5049

5050 EPA also reviewed all of the cases to identify the ones that could not be used to inform either the 

5051 proposed certification changes or the final WPS regulations. For example, incidents that 

5052 happened at a formulating or manufacturing plant do not involve certified applicators, so they are 

5053 not relevant to the certification rule, and also would not be covered by the WPS. Also, incidents 

5054 that involved pesticides that were not RUPs used in activities that are not covered by WPS, such 

5055 as post-harvest uses of antimicrobial pesticides, are not related to either rule.

5056

5057 As a result of this exercise, EPA identified 854 cases that could potentially be used to inform the 

5058 final WPS or the proposed certification rule, which were categorized as follows:

5059 • 402 cases could potentially were relevant to the final WPS rule

5060 • 301 cases could potentially were relevant to the proposed certification rule 

5061 • 151 cases, upon review, were not related to either the WPS or certification rules.

5062

5063 The rest of this discussion focuses on the 402 cases that are relevant to the final WPS rule. 

5064 Nebraska, a new SENSOR-pesticides state in 2011, did not report any cases in the earlier years 

5065 and reported four cases in 2011. To ensure that our data are in fact from a four year period, four 

5066 reported incidents from Nebraska were removed from the data, leaving 398 cases.

5067

5068 Using the pesticide incident reports from SENSOR-Pesticides and any additional information 

5069 provided by the state (for California and Washington), EPA was able to identify the proximate 

5070 causes of the exposure causing the incident. EPA reviewed the narrative description of these 

5071 cases, the information identified in the SENSOR-Pesticide database and, additional information 

5072 from the state if it was available for the cause of the incident and determined whether the 

5073 provisions of the final WPS rule could prevent the exposure that caused the incident and whether 

5074 the provisions of the final WPS rule could mitigate any pesticide exposures that could not be 

5075 prevented. In other words, incidents were assessed to determine both preventability and whether 

5076 the effects could be mitigated by the final WPS rule.

5077

5078 In terms of preventability, each case was categorized as “preventable”, “possibly preventable”, 

5079 “not preventable” or “not enough information” by the final WPS rule. Categories were assigned 

5080 using the following guidelines:

5081 • Preventable Incidents: incidents where there was a clear link between the exposure and the 

5082 effect and the information demonstrated a set of circumstances that would be prevented 

5083 by compliance with the final WPS rule. For example, pesticide drift from an aerial 

5084 application onto a bystander 60 feet from the field would be prevented by the 

5085 requirement for handlers (applicators) to suspend applications if workers or other 

5086 persons were in the application exclusion zone. Other types of incidents included in this 

5087 category are handlers who did not wear the required PPE (which would be addressed by 

5088 improved handler training) and exposure to handlers resulting from respirators that did 

5089 not fit or were not used properly (which would be addressed by the requirements for 

5090 respirator medical evaluation, fit tests and training).

5091 • Possibly Preventable Incidents: incidents where there was a clear link between the 

5092 exposure and the effect and the set of circumstances might be prevented by compliance 

5093 with the final WPS rule but there was some uncertainty. The uncertainty could involve 

5094 not having enough details to know exactly how the exposure happened, or some 
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143

5095 ambiguity about whether the final WPS provisions would prevent the circumstances. 

5096 Many of these cases were drift incidents where drift was not confirmed by sampling or 

5097 where the potentially exposed people were outside of the application exclusion zone but 

5098 close enough that it is possible the applicator could see them and suspend application to 

5099 ensure that the pesticide spray did not contact the person. Other common scenarios 

5100 involve handlers taking an action that may not be prohibited by the label (like taking off 

5101 safety glasses that weren’t required by the label) but that could be prevented by better 

5102 handler training and good management practices resulting from that training.

5103 • Not Preventable Incidents: incidents where there was a clear link between the exposure and 

5104 the effect but the set of circumstances would not be prevented by compliance with the 

5105 final WPS rule or incidents where there was not a clear link between the exposure and 

5106 the effect. For example, a worker might experience symptoms while working in a field 

5107 where the restricted entry interval had expired. In this case, the worker could legally 

5108 work in the field without any personal protective equipment and some other WPS 

5109 provisions would not apply, so there would not be any requirements in the final WPS 

5110 rule that would prevent this from happening. (There are some provisions that could

5111 mitigate exposure to any pesticides, as described below.) Also, many of the cases in 

5112 this category involve soil fumigants and would have been prevented by the recent 

5113 changes to those product labels.

5114 • Not Enough Information: Incidents where there is not enough information to make a 

5115 determination about whether the final WPS rule would have prevented the incident. 

5116

5117 It should be noted that the distribution of cases from SENSOR-pesticide states is not even. 

5118 Almost 50% of the cases are from California, and 33% are from Washington. Although there 

5119 may be reasons for a higher number of cases in these two states, which are relatively large 

5120 employers of farm labor who perform a lot of handwork, differences in reporting rates between 

5121 states are likely. All PISP cases in California are investigated by the County Agricultural 

5122 Commissioners (Mehler, et al., 2006), and California and Washington have higher staffing levels 

5123 for surveillance, and identify pesticide exposure cases through workers’ compensation records 

5124 (Calvert et al., 2008). The difference in state reports of incidents may indicate substantial 

5125 underreporting in other states. Florida, for example, reported 6 incidents over the four years, an 

5126 annual rate of 0.017 per thousand farmworkers, quite a bit lower when compared to California 

5127 (0.116 incidents per thousand farmworkers) or Washington (0.136 incidents per thousand 

5128 farmworkers). Because there is no reason to believe that workers in Florida have substantially 

5129 different behaviors and practices than workers in California and Washington, a major difference 

5130 in the worker incident rates between states with comparable agricultural work is likely to reflect 

5131 a difference in the incident surveillance systems.

5132

5133 In many cases, after an exposure occurs, the harm caused by the pesticide exposure could be 

5134 mitigated by prompt action to decontaminate and seek medical care (see Section 4.4). EPA also 

5135 looked at the SENSOR-pesticides incidents to determine if the incidents could have been 

5136 mitigated. 

5137

5138 In terms of “mitigate-ability”, each case was categorized as “could be mitigated”, “possibly 

5139 could be mitigated”, or “not mitigate-able” by the final WPS rule. Categories were assigned 

5140 using the following guidelines:
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144

5141 • Incidents that could be mitigated: incidents where there was a clear link between the 

5142 exposure and the effect and the effects of the exposure would have been mitigated by 

5143 compliance with the final WPS rule. For example, this category includes cases where a 

5144 worker or handler was exposed to pesticides and did not decontaminate right away, e.g., 

5145 they waited to shower until they went home that night. This category also includes 

5146 cases where an exposed worker or handler waited a long time to inform their employer 

5147 about the exposure or to seek medical attention. Improved worker and handler training 

5148 should increase understanding about the importance of promptly mitigating any 

5149 pesticide exposures and lead to more thorough decontamination and quicker medical 

5150 care. 

5151 • Incidents that possibly could be mitigated: incidents where there was a clear link between 

5152 the exposure and the effect and the effects of the exposure might have been mitigated 

5153 by compliance with the final WPS rule but there was some uncertainty. For example, 

5154 many cases don’t include any information about decontamination or how long the 

5155 person waited before seeking medical care. 

5156 • Incidents that are not mitigate-able: incidents where the proper decontamination and 

5157 emergency assistance were followed or cases involving a person who would not be 

5158 required to take the worker or handler training, such as a certified applicator or a 

5159 farmer.

5160

5161 Although we do not attempt to value the benefits of additional mitigation here for the reasons 

5162 described in Section 4.4, we do note that using the method just described we find that of the 398 

5163 WPS relevant cases in SENSOR-pesticides, 57 were classified as mitigatible and 86 appear to be 

5164 possibly mitigatible, which represents 36% of all WPS relevant cases evaluated by EPA. 

5165

5166 The review of the four years of SENSOR-Pesticides data identified 119 cases that were 

5167 preventable under the revisions to the WPS. Another 102 cases were possibly preventable. 

5168 Cases deemed “preventable” were used to calculate the low-end ratio of acute exposure cases to 

5169 total unintentional pesticide incidents. 

5170

5171 Table 4.5-2 presents the results of the review of the SENSOR data. Based on EPA’s evaluation 

5172 of the SENSOR data, we estimate that between 30% and 56% of pesticide illnesses where the 

5173 WPS applies could be prevented by the rule. The lower estimate is based on avoiding only cases 

5174 similar to those deemed preventable due to the rule changes, as discussed above. The higher 

5175 estimate is based on those cases, plus those deemed as possibly preventable after the rule 

5176 changes. 

5177

5178

5179
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145

Table 4.5-2: Estimated SENSOR-Pesticides Cases Avoided, 2008 – 2011

Likelihood of being avoided by 

Rule Changes

Number of Cases 

Avoided, 2008 -

2011

Average Annual 

Number of Cases 

Avoided, 2008 -

2011

Percent of WPS 

Cases

(398 Cases)

Preventable 119 29.8 30%

Possibly Preventable 102 25.5 26%

Both Preventable and Possibly 

Preventable 221 55.3 56%

Source: EPA estimates from SENSOR-Pesticides data. 

5180

5181

5182 The number of incidents that could have been prevented or possibly prevented annually in the 

5183 SENSOR states, is shown in the third column of Table 4.5-2. This number is one-fourth what is 

5184 shown in the second column, because the prevented incidents are from a four year period. These 

5185 estimates are presented for both preventable and possibly preventable illnesses, as shown in the 

5186 table. As shown in Table 4.5-3, for every 1,000 farmworkers in the SENSOR-Pesticides states, 

5187 there are an estimated 0.050 pesticide illness incidents that are preventable or possibly 

5188 preventable by the rule. For every 1,000 farms, there are 0.433 preventable or possibly 

5189 preventable pesticide incidents. Also shown in Table 4.5-3 is the national estimate of avoided 

5190 pesticide incidents, estimated using both the number of farms and farmworkers. The estimates in 

5191 this column were calculated by multiplying the annual preventable incident rate per farm or 

5192 farmworker (RPn,l = RPs,l) times the number of farms or farmworkers nationally. These 

5193 calculations yield an estimate of annual pesticide incidents prevented by the rule of 99 on the low 

5194 end, and 162 on the upper end. This estimate accounts only for reported incidents, which are 

5195 likely to be a small proportion of the total number of incidents. 

5196
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146

Table 4.5-3: Estimated SENSOR-Pesticides Cases Avoided, 2008 – 2011

Likelihood of 

being 

avoided by 

Rule 

Changes

Annual 

Avoidable 

Incident rate 

per 1,000 

Farmworkers

National Estimate 

of WPS Cases 

Avoided Annually 

Based on 

Farmworker 

Incident Rate

Annual 

Avoidable 

Incident rate per 

1,000 Farms

National Estimate of 

WPS Cases Avoided 

Annually Based on 

Farm Incident Rate

Preventable 0.027 54 0.233 87 

Possibly 

Preventable 0.023 46 0.200 75 

Both 

Preventable 

and Possibly 

Preventable

0.050 99 0.433 162 

Source: EPA estimates from SENSOR-Pesticides data. The incident rates are based on a count of 1,108,211

farmworkers or 127,664 farms in the SENSOR-Pesticides states during 2012, and the national estimates are based 

on an average of 1,995,037 farmworkers or 374,791 farms in 2012. 

Note: The number of cases avoided is based on four years of information, while the final column is an annual 

estimate.

5197

5198

5199 The analysis of the differences between California PISP data and SENSOR-Pesticides indicated 

5200 that in 2008, 11.3% of pesticide exposure incidents are reported into SENSOR-Pesticides, which 

5201 we use for quantifying acute benefits of the rule. California has a very robust reporting, 

5202 investigation and surveillance system, and underreported incidents are likely to be higher in other 

5203 states. If, for that reason, we assume that 10% of cases are reported into SENSOR-Pesticides, 

5204 the estimated number of incidents per year is 540 – 990 using the estimates from Table 4.5-3 

5205 based on the number of workers, and 870 to 1,620 using the estimates based on the number of 

5206 farms.

5207

5208 Another factor that was discussed in this section regarding the number of incidents identified in 

5209 SENSOR is that the distribution of cases from SENSOR-Pesticides states is not even. 

5210 Specifically, California accounts for nearly 50% of the annual cases in SENSOR (while having 

5211 about 21% of the workers) and Washington accounts for about 33% of the annual cases in 

5212 SENSOR (while having 12% of the workers). The reported rate of SENSOR-Pesticides 

5213 incidents is 5 to 8 times higher in California and Washington than in some of the other states, 

5214 such as Oregon and Florida, where the average annual number of cases per thousand workers is:

5215

5216  0.136 for Washington

5217  0.116 for California

5218  0.021 for Oregon

5219  0.017 for Florida.

5220

5221 There may be a number of reasons that the rate of incidents varies between states, including 

5222 differences in the crops, agricultural practices, length of growing seasons, state and local 
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147

5223 regulations, and the proximity of urban and agricultural areas. We also know that California and 

5224 Washington have higher staffing levels for surveillance and review workers’ compensation 

5225 records to identify potential pesticide exposure cases. Assuming that the difference in incident 

5226 rates largely reflects the difference in incident surveillance systems, we can use the average of 

5227 the rates in California and Washington to estimate the number of cases that could have been 

5228 included in SENSOR if other states had surveillance systems comparable to California and 

5229 Washington. For example, the Washington/California average annual number of cases per 

5230 thousand workers is 0.126. Using this value to estimate the number of anticipated incidents each 

5231 year based on the number of workers in Florida and Oregon results in an estimate of 10.8 – 10.9 

5232 cases per year in both states, compared to the actual average of 1.75 cases per year for Oregon 

5233 and 1.5 cases per year for Florida. Using the same process of extrapolation to a national estimate 

5234 based on the incident rate per farmworker, this would result in a national estimate of 117 total 

5235 cases per year. Compare this to the initial estimate based only on the SENSOR-Pesticides 

5236 reported data, which was 99 cases per year (see Table 4.5-2). If, as above, only ten percent of 

5237 pesticide exposure incidents are reported in SENSOR-Pesticides, this would mean the estimated 

5238 number of incidents annually would be 630 – 1170 based on the number of farmworkers, and 

5239 1,020 – 1,900 based on the number of farms. In other words, a change of just 18 cases per year 

5240 in SENSOR by adjusting the rate in only two states has a relatively large impact to the overall 

5241 estimate of number of cases.

5242

5243 4.5.4 Value of Incidents Avoided

5244

5245 As explained in Section 4.5.1, EPA estimates the value of avoided incidents in terms of the 

5246 medical costs avoided, the productivity losses avoided, and the reduction in premature mortality. 

5247 These are not the only sources of value, but they are quantifiable. Other unquantifiable benefits 

5248 are discussed in Section 4.4 and 4.6. The value of avoided incidents depends on the severity of 

5249 the effect caused by the pesticide exposure. More severe effects are more costly because they 

5250 require more treatment, including hospitalization. People suffering from more severe effects are 

5251 more likely to seek medical treatment. Further, a more severe effect is likely to result in a longer 

5252 period of recovery during which the victim is unable to work or engage in other activities. 

5253 Finally, we need to estimate the probability that an acute incident will prove fatal in order to 

5254 estimate the value of a reduction in premature mortality.

5255

5256 Therefore, EPA estimates two quantifiable sources of value from avoiding pesticide incidents 

5257 given the severity of effects. For each severity level i, the value of an avoided case is given by

5258

Vi

Av = E[MedCosti 5259 ] + VPLi

5260

where Vi

Av 5261 is the value of an avoided case, E[MedCosti] is the expected medical cost for the case, 

5262 and VPLi is the value of productivity lost as a result of the case. We use the four severity levels 

5263 described in the SENSOR-Pesticides database as described below: Low Severity, Moderate 

5264 Severity, High Severity, and Death.

5265

5266 The expected medical costs for an incident is estimated as

5267

E[MedCosti

] = Prob(HCF|i) × [OutPtnti + InPtnti 5268 ]
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148

5269

5270 where Prob(HCF|i) is the probability a person exposed visits a health care facility given the 

5271 severity of the effect, OutPtnti is the outpatient treatment cost for the severity of effect, and 

5272 InPtnti is the inpatient treatment cost. Note that this measure of cost only includes expenses at 

5273 health care facilities, so any self-treatment expenses will be underestimated.

5274

5275 The value of lost productivity is

5276

5277 VPLi= (ωw∙work + ωH∙housekeeping + ωL∙leisure)∙DURi

5278

5279 where VPL is the value of productivity lost, work is the time spent at work, housekeeping is the 

5280 time spent in household activities, leisure is leisure time, ω is the value of time spent in each 

5281 activity, and DUR is the duration of the effect.

5282

5283 The value of a reduction in premature mortality is simply the value of a statistical life (VSL). 

5284 The VSL is a summary measure for the dollar value of small changes in mortality risk 

5285 experienced by a large number of people (EPA, 2010a). In the SENSOR data used for this 

5286 analysis, there were no preventable deaths, so the VSL is not used. 

5287

5288 Probability of Effect

5289

5290 The SENSOR-Pesticides data on pesticide illnesses contains information about the severity of 

5291 the illness for each incident. As shown in Table 4.5-4, considering only the preventable and 

5292 possibly preventable incidents, about 77% of the acute cases considered resulted in “low severity 

5293 illness or injury”, almost 22% percent in “moderate severity illness or injury,” under 2% in “high 

5294 severity illness or injury,” and no deaths. The majority of cases prevented are in the categories 

5295 of low or moderate severity. Deaths due to pesticide exposure are fortunately rare, and none 

5296 appeared during our sample. However, the probability of death occurring in the farmworker 

5297 population is merely low, not zero. Deaths are more likely to be associated with exposure to 

5298 RUPs, even though farmworkers may be exposed to RUPs through activities for which the WPS 

5299 provides protection. Our analysis here uses a probability of death as zero rather than some 

5300 positive number, and this is another reason the acute benefits are underestimated. 

5301

5302

Table 4.5-4: Severity of Symptoms from Preventable SENSOR-Pesticides Cases

Clinical Effect Number of Cases Share of Total

Category S-4: Low severity illness or injury 169 76.5%

Category S-3: Moderate severity illness or injury 49 22.2%

Category S-2:High severity illness or injury 3 1.4%

Category S-1: Death 0 0.0%

Total 221 100.0%

Source: EPA estimates from SENSOR-Pesticides data, 2008 - 2011

5303
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149

5304 The four severity categories in the SENSOR-Pesticides data are defined as follows (NIOSH, 

5305 2001): 

5306

5307  S-4 Low severity illness or injury 

5308 This is the category of lowest severity. It is often manifested by skin, eye or upper 

5309 respiratory irritation. It may also include fever, headache, fatigue or dizziness. Typically 

5310 the illness or injury resolves without treatment. There is minimal lost time (<3 days) from 

5311 work or normal activities.

5312

5313  S-3 Moderate severity illness or injury 

5314 This category includes cases of less severe illness or injury often involving systemic 

5315 manifestations. Generally, treatment was provided. The individual is able to return to 

5316 normal functioning without any residual disability. Usually, less time is lost from work or 

5317 normal activities (3-5 days), compared to those with severe illness or injury. No residual 

5318 impairment is present (although effects may be persistent).

5319

5320  S-2 High severity illness or injury 

5321 The illness or injury is severe enough to be considered life threatening and typically 

5322 requires treatment. This level of effect commonly involves hospitalization to prevent 

5323 death. Signs and symptoms include, but are not limited to, coma, cardiac arrest, renal 

5324 failure and/or respiratory depression. The individual sustains substantial loss of time (> 5 

5325 days) from regular work (this can include assignment to limited/light work duties) or 

5326 normal activities (if not employed). This level of severity might include the need for 

5327 continued health care following the exposure event, prolonged time off of work, and 

5328 limitations or modification of work or normal activities. The individual may sustain 

5329 permanent functional impairment.

5330

5331  S-1 Death 

5332 This category describes a human fatality resulting from exposure to one or more 

5333 pesticides.

5334

5335 Given the distribution of effects from the sample of pesticide incidents shown in Table 4.5-4 and 

5336 the estimated number of cases avoided from Section 4.5-3, EPA estimates the distribution of 

5337 preventable WPS incidents across the four severity levels. Table 4.5-5 shows the estimated 

5338 number of national incidents, with no adjustment for underreporting, that may be prevented by 

5339 the rule for each severity level, based on the high and low estimates of cases prevented from 

5340 Table 4.5-3. Estimates are included based on national estimate created using the number of 

5341 farms and the number of farmworkers. 

5342
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150

Table 4.5-5 Estimates of Annual Illnesses Prevented by the Rule, by Severity

Estimate of Number of 

Cases Prevented 

Annually Based on 

Farmworkers

Estimate of 

Number of Cases 

Prevented 

Annually Based on 

Farms

Clinical Effect

Share of 

Total

Low End 

Estimate 

(30%)

High End 

Estimate 

(56%)

Low 

End 

Estimate 

(30%)

High 

End 

Estimate 

(56%)

Category S-4: Low 

severity illness or injury 76.5% 41 76 67 124

Category S-3: Moderate 

severity illness or injury 22.2% 12 22 19 36

Category S-2:High 

severity illness or injury 1.4% 1 1 1 2

Category S-1: Death 0.0% 0 0 0 0

Total 100.0% 54 99 87 162

Source: EPA calculations based on the figures in Tables 4.5-3 and 4.5-4.

Note: Estimates are rounded to whole numbers. Unadjusted for underreporting of incidents.

5343

5344 Valuation of Illnesses Prevented

5345

5346 The value of the illnesses prevented is presented below (in Tables 4.5-10 through 4.5-13). The 

5347 estimates presented are almost surely underestimates for two reasons. First, the estimated 

5348 number of cases prevented is based on the number of reported cases annually, which is likely to 

5349 be a poor estimate, as discussed in Section 4.5.2. 

5350

5351 Second, the estimates are based solely on the cost of medical care and lost wages to those 

5352 affected by pesticide illnesses, sometimes called a “cost of illness” (COI) estimates. Cost of 

5353 illness (COI) estimates, however, may significantly underestimate individual willingness to pay 

5354 for a variety of reasons (EPA, 2010a). In particular, these estimates do not: (1) address the value 

5355 of avoiding pain and suffering; (2) include costs that individuals incur to avoid the illness (i.e., 

5356 defensive or averting expenditures); (3) reflect aversion to risk (the fear of becoming ill); (4) 

5357 consider person’s anticipated value of preventing illness values (they are based on ex post costs); 

5358 and (5) consider whether treatment returns individuals to their original health state (i.e., is 

5359 equivalent to avoiding the illness entirely). In the descriptions above of the SENSOR-Pesticides

5360 severity classifications, cases classed as “major severity” might need “continued health care” and 

5361 “limitations or modification of work or normal activities.” In addition, the victim “may sustain 

5362 permanent functional impairment.” None of these longer term effects are visible in the SENSOR 

5363 data other than a severity classification, so they are not captured in the estimates here, but they 

5364 are examples of individuals not returning to their original health. Obviously, these longer term 
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151

5365 effects from acute exposure could have an important effect on the quality of life for someone 

5366 who suffers a major severity incident

5367

5368 It is also important to recognize that the financial impact of a pesticide illness will hit 

5369 farmworkers harder than the general population. In general, agricultural workers do not receive 

5370 paid sick leave, so they only get paid for days they work and they could potentially lose their 

5371 jobs if they cannot work for a day. Lost time at work and the cost of medical care can have a 

5372 greater proportional impact on agricultural workers, because they earn relatively low wages and 

5373 because agricultural work is often seasonal.

5374

5375 In Table 4.5-5, estimates of the number of cases that may be avoided as a result of the rule were 

5376 presented and categorized by the level of severity. The savings due to prevented cases are 

5377 estimated here. These costs include avoided outpatient physician visits and inpatient 

5378 hospitalizations, lost productivity, and premature mortality. For each severity level except 

5379 “death,” expected medical costs are estimated, based on the probability that medical treatment is 

5380 sought, and the cost of that treatment. For each severity level except “death,” the value of lost 

5381 productivity is estimated. Valuing lost productivity is an attempt to value the time lost due to 

5382 illness. Work time is obviously lost, but lost leisure and household time is considered as well. 

5383 For each severity level, an average length of illness is multiplied by the value of time spent on 

5384 work, household activities, and leisure. 

5385

5386 Direct Medical Costs

5387

5388 As explained above, the expected medical cost is given by

5389

E[MedCosti

] = Prob(HCF|i) × [OutPtnti + InPtnti 5390 ]

5391

5392 where Prob(HCF|i) is the probability of visiting a health care facility, Outptnt and InPtnt are 

5393 treatment costs, and i indicates the level of severity of the effect. 

5394

5395 In order to determine the probability of visiting a health care facility for each severity level, we 

5396 used the SENSOR-Pesticides information for those cases which were deemed preventable or 

5397 possibly preventable for 2008 – 2011. The SENSOR-Pesticides data indicates whether medical 

5398 care was sought, and we included those cases that were treated at a physician’s office, an 

5399 emergency room, employee health center, or admitted to a hospital. Table 4.5-6 presents the 

5400 number of cases that were seen at a health care facility, the total number of cases over these 

5401 years, as well as the each category’s percentage of the total by medical outcome (or severity 

5402 level). As our measure of the probability of treatment at a health care facility Prob(HCF|i), we 

5403 use the share of cases from that were treated at a health care facility, in the final column of Table 

5404 4.5-6. It is not surprising that the share receiving medical care is so high, because to be included 

5405 in the SENSOR-Pesticides database requires at least two reportable symptoms of pesticide 

5406 exposure, and because the cases treated by medical professionals are more likely to be reported 

5407 to SENSOR-Pesticides. 

5408

5409
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152

Table 4.5-6: Health Care Sought for Preventable Pesticide-Related Acute Exposures, 

SENSOR-Pesticides 2008-2011.

Clinical Effect

Cases Seen 

at Health 

Care 

Facility

Total 

Cases

Share of Cases 

Seen at Health 

Care Facility

Category S-4: Low severity illness or injury 132 169 78%

Category S-3: Moderate severity illness or injury 45 49 92%

Category S-2: High severity illness or injury 3 3 100%

Source: SENSOR-Pesticides data, 2008 – 2011. 

5410

5411

5412 Inpatient costs were obtained from the Healthcare Cost and Utilization Project (HCUP), 

5413 specifically the cost for hospital stays from the HCUP 3 – Hospital Inpatient Statistics for 2012. 

5414 For Diagnosis Related Group 243 (Poisoning by Substances other than Medicine) the average 

charges reported by Clinical Classifications Software was $35,62375415 . 

5416

5417 Outpatient unit costs were estimated using data from physician visit benchmark fees for 

5418 evaluation and management costs by Healthcare Common Procedure Code (HCPC) Criteria (a 

5419 Centers for Medicare & Medicaid Services (CMS) classification system used for identifying 

medical services and procedures furnished by physicians and other health care professionals)85420 . 

5421 Evaluation and management costs are available for the level of service required for both new and 

5422 established patients. Outpatient unit costs are obtained for HCPC Criteria 99213 and 99203, 

5423 which describes a patient visit with an evaluation and management based on a focused problem. 

5424 For 2012, the average medical facility charge for outpatient visits that fall into this HCPC 

5425 category was $71.39 for patients with an existing relationship with a doctor (HCPC Criteria 

5426 99213) and $106.45 for new patients (HCPC Criteria 99203). Given an equal chance that the 

5427 person exposed to a pesticide will have a doctor or not, the average cost of an outpatient visit is 

5428 estimated to be $88.92. These data reflects the maximum allowable reimbursement that 

5429 Medicaid has authorized for those services. This may be an underestimate, which would imply 

5430 that the outpatient cost is underestimated, but there is no available data on additional treatment 

5431 costs. 

5432

5433 Expected medical costs, based on the probability of visiting a health care facility and the cost of 

5434 treatment, are shown in Table 4.5-7.

5435

 

7 The inpatient costs can be queried here: 

http://hcupnet.ahrq.gov/HCUPnet.jsp?Id=B97AB29AA72E4376&Form=DispTab&GoTo=MAINSEL&JS=Y

8The average facility charge for all providers in 2009 - 2010 using the Medicare Physician Fee Schedule, from 

http://www.cms.hhs.gov/PFSlookup/02_PFSSearch.asp
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153

Table 4.5-7 Medical Cost by Severity of Effect

Clinical Effect Prob(HCF|i)

Outpatient 

Cost

Inpatient 

Cost

Expected 

Medical 

Cost 1

Category S-4: Low severity illness 

or injury 78% $88.92 $0 $69.45

Category S-3: Moderate severity 

illness or injury 92% $88.92 $0 $81.66

Category S-2:High severity illness 

or injury 100% $88.92 $35,623 $35,711.92

Source: EPA estimation.

1Calculated as Prob(HCF|i)×[Outpatient Cost + Inpatient Cost].

5436

5437

5438 The Value of Lost Productivity

5439

5440 The value of lost productivity is estimated as the value of various activities in which a person is 

5441 typically engaged over the course of the day, but which he or she could not accomplish when ill. 

5442 As noted above, we calculate this value as

5443

E[VPLi

] = (ωwwork + ωHhousekeeping + ωL 5444 leisure) × DURi

5445

5446 where VPL is the value of productivity lost, work is the time spent at work, housekeeping is the 

5447 time spent in household activities, leisure is leisure time, ω is the value of time spent in each 

5448 activity, and DUR is the duration of the effect.

5449

5450 BLS data were used to calculate the average number of hours spent on work, housekeeping, and 

5451 leisure for a typical working adult. According to the Current Population Survey (BLS, 2013a), 

5452 an employed person works an average of 38.6 hours per week or 5.51 hours per day over a 

5453 seven-day week. According to the American Time of Use Survey (BLS, 2013b), the average 

5454 time spent by those over 16 in housekeeping is 1.78 hours per day. Leisure is calculated as the 

5455 remaining time, assuming an average of eight hours of sleep, or 8.71 hours per day. Agricultural 

5456 workers probably work more hours than the average worker, at least during the growing season, 

5457 so using the national average would be an underestimate. 

5458

5459 The hourly value of work is measured as the weighted average wage rate for handlers and 

5460 farmworkers, weighted using the number of each in 2012 (see Section 3.2.3 of this economic 

5461 analysis), or $16.10 per hour. This analysis assumes that workers work 40 hours a week. The 

5462 value of housekeeping is the median hourly earnings for a personal/home care aide, $11.23 

5463 (BLS, 2013a). This labor category was chosen as most closely representative, given the 

5464 occupations available, for the value of housekeeping activities if an injured worker had to hire 

5465 outside help. For this analysis, we calculate the value of leisure as the after-tax wage rate, 

5466 because theoretically the take home pay is the rate at which work and leisure are traded. The 

5467 overall average tax rate in the United States is 29.4 percent (Tax Foundation, 2013), which 

5468 leaves an after-tax return of $19.15 per hour for leisure.
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5469

5470 Table 4.5-8 presents EPA’s estimate of the value of a fully productive day, the parenthetical term 

5471 in the equation for VPL, including work, housekeeping, and leisure activity. For each activity, 

5472 Table 4.5-8 presents the average number of hours spent in the activity per day for a seven-day 

5473 week and the estimated value of time spent in each activity. The sum over the three activities is 

5474 estimated to be $275.45 per day.

5475

Table 4.5-8: Value of a Day of Full Productivity

Activity Hours/Day Hourly Value 

(ω)

Total Value per 

Day

Work 5.51 a$16.10c$88.69

Housekeeping 1.78 a$11.23d$19.99

Leisure 8.71 b$19.15e$166.77

Total Value of a Day of Full Productivity $275.45

Sources:

a BLS, 2013b, Current Population Survey (CPS)

b Calculated by taking 24 hours per day times and subtracting the time known for work and housekeeping and 

assuming 8 hours per day for sleep

cEPA Estimates – see Chapter 3

d BLS, 2013a, CPS: Calculated by taking the median weekly earnings for personal/home care aides ($449) and 

assuming an average of 40 hours per week: $11.23 per hour.

eCalculated as the wage rate less the overall tax rate for the nation (29.4%). 

5476

5477 The SENSOR-Pesticides data do not report the duration of illness from the pesticide incident, 

5478 although the bounds of the duration can be inferred by the severity category. The definitions of 

the severity categories contain ranges of time lost from work95479 . For the lowest severity category, 

5480 time lost from work is less than three days, while for moderate severity incidents, between three 

5481 and five days of work are lost. For high severity incidents, time lost from work is greater than 

5482 five days, although the description of the category cautions that “[t]his level of severity might 

5483 include the need for continued health care following the exposure event, prolonged time off of 

5484 work, and limitations or modification of work or normal activities. The individual may sustain 

5485 permanent functional impairment.” This description indicates that the damage from a pesticide 

5486 incident could last substantially longer than five days. As shown in Table 4.5-9, for the 

5487 moderate severity category, we use the low end (three days) and the high end (five days) of the 

5488 range as the estimate of the time lost from the pesticide exposure. For the low severity category, 

5489 the high end (three days) is defined, but the low end is not, so we use the midpoint of the range 

5490 between zero and three days, or 1.5 days. For the high severity category, the low end of the 

5491 range is defined as five days, but the upper end is not defined, and could be permanent. For this 

5492 analysis, we assume that the upper end is 30 days, which is somewhat arbitrary. 

5493

5494 Table 4.5-9 shows the estimated average duration of clinical effects at each level of severity, 

5495 with a high end and a low end estimate, as discussed above. The time of effects, measured in 

 

9 The description of the severity indices can be found here: http://www.cdc.gov/niosh/topics/pesticides/pdfs/pestsevindexv6.pdf
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5496 days, is multiplied by the value of a full day of productivity ($275.45) to yield high and low 

5497 estimates of lost productivity for each severity level. 

5498

Table 4.5-9: Average Clinical Effect Duration and Value of Lost Productivity by 

Clinical Effect

Clinical Effect Scenario

Duration of 

Clinical 

Effect (Days) E[VPLi]

a

Category S-4: Low severity illness or injury Low-End 1.5 $413.17 

Category S-4: Low severity illness or injury High-end 3 $826.34 

Category S-3: Moderate severity illness or 

injury Low-End 3 $826.34 

Category S-3: Moderate severity illness or 

injury High-end 5 $1,377.24 

Category S-2: High severity illness or injury Low-End 5 $1,377.24 

Category S-2: High severity illness or injury High-end 30 $8,263.43 

Sources: EPA calculations

aThe unit cost for lost productivity day by severity category was calculated by multiplying the average 

duration of clinical effect in days by the value of a full day of productivity ($275.45).

5499

5500

5501 Annual Average Benefits, Avoided Acute Effects of Incidents

5502

5503 The estimates of the total annual health and productivity cost avoided by the rule are given in 

5504 Tables 4.5-10, 4.5-11, 4.5-12 and 4.5-13. For each level of severity, cost is the sum of direct 

5505 medical costs, lost productivity costs, and the value of premature mortality multiplied by the 

5506 number of cases avoided. We then sum across all severity levels to estimate the total avoided 

5507 costs for the rule. Tables 4.5-10 and 4.5-11 show the estimates based on extrapolation from 

5508 SENSOR-Pesticides states to national estimates based on the number of farmworkers, and Tables 

5509 4.5-12 and 4.5-13 show the estimates based on the number of farms. The low end estimates are 

5510 based on the low end estimates of medical and productivity costs and the low end estimate of the 

5511 number of prevented cases, while the high end estimates are based on higher estimates of 

5512 medical and productivity costs and the high-end number of prevented cases.

5513
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Table 4.5-10: “Low-End” Estimate of Avoided Average Annual Costs for Changes to the 

WPS, Based on Incidents per Farmworker

Clinical Effect

Avoided 

Cases per 

Year

Medical 

Costs per 

Case

Lost 

Productivity 

per Case

Average 

Annual Total 

Cost Avoided

Category S-4: Low severity 

illness or injury 41 $69.45 $413.17 $19,766 

Category S-3: Moderate 

severity illness or injury 12 $81.66 $826.34 $10,782 

Category S-2:High severity 

illness or injury 1 $35,711.92 $1337.24 $26,965 

Category S-1: Death 0 $0

Total 54 $57,513

Source: EPA calculations.

Note: Estimates of both avoided cases and average annual costs are rounded.

5514

5515

Table 4.5-11: “High-End” Estimate of Avoided Average Annual Costs for Changes to the 

WPS, Based on Incidents per Farmworker

Clinical Effect

Avoided 

Cases per 

Year

Medical 

Costs per 

Case

Lost 

Productivity 

per Case

Average 

Annual Total 

Cost Avoided

Category S-4: Low severity 

illness or injury 76 $69.45 $826.34 $68,134 

Category S-3: Moderate 

severity illness or injury 22 $81.66 $1,377.24 $32,173 

Category S-2:High severity 

illness or injury 1 $35,711.92 $8,263.43 $59,374 

Category S-1: Death 0 $0

Total 99 $159,681

Source: EPA calculations.

Note: Estimates of both avoided cases and average annual costs are rounded.

5516

5517

5518
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Table 4.5-12: “Low-End” Estimate of Avoided Average Annual Costs for Changes to the 

WPS, Based on Incidents per Farm

Clinical Effect

Avoided 

Cases per 

Year

Medical 

Costs per 

Case

Lost 

Productivity 

per Case

Average 

Annual Total 

Cost Avoided

Category S-4: Low severity 

illness or injury 67 $69.45 $413.17 $32,336 

Category S-3: Moderate 

severity illness or injury 19 $81.66 $826.34 $17,252 

Category S-2:High severity 

illness or injury 1 $35,711.92 $1,377.24 $37,089 

Category S-1: Death 0 $0 

Total 87 $86,677

Source: EPA calculations.

Note: Estimates of both avoided cases and average annual costs are rounded.

5519

5520

Table 4.5-13: “High-End” Estimate of Avoided Average Annual Costs for Changes to the 

WPS, Based on Incidents per Farm

Clinical Effect

Avoided 

Cases per 

Year

Medical 

Costs per 

Case

Lost 

Productivity 

per Case

Average 

Annual Total 

Cost Avoided

Category S-4: Low severity 

illness or injury 124 $69.45 $826.34 $111,078 

Category S-3: Moderate 

severity illness or injury 36 $81.66 $1,377.24 $52,520 

Category S-2:High severity 

illness or injury 2 $35,711.92 $8,263.43 $96,746 

Category S-1: Death 0 $0 

Total 162 $260,345 

Source: EPA calculations.

Note: Estimates of both avoided cases and average annual costs are rounded.

5521

5522 The annual estimated benefits from avoiding acute effects of pesticide incidents range from 

5523 $58,000 to 260,000. Over a ten year period of analysis, the present value of these benefits is:

5524  between $491,000 and $1.4 million when a 3 percent discount rate is applied to estimates 

5525 based on the incident rate per farmworker

5526  between $404,000 and $1.1million when a 7 percent discount rate is applied to estimates 

5527 based on the incident rate per farmworker
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158

5528  between $740,000 and $2.2 million when a 3 percent discount rate is applied to estimates 

5529 based on the incident rate per farm

5530  between $609,000 and $1.8 million when a 7 percent discount rate is applied to estimates 

5531 based on the incident rate per farm

5532

5533 There are limitations to these estimates. As discussed above, we expect that a large proportion of 

5534 accidental (acute) pesticide poisoning never get reported or investigated for various reasons. All 

5535 indications are that under-reporting is substantial. Unreported cases are therefore not included in 

5536 the poisoning surveillance databases and, hence, not included in this analysis. This under5537 reporting will bias estimates of acute benefits downward.

5538

5539 In Table 4.5-14, we show the effect of under-reporting at different rates on the monetized 

5540 estimates of avoiding acute pesticide poisonings, using the estimates based on incidents per farm. 

5541 With 100% reporting (or 0% under-reporting), the actual benefit of preventing acute illness is 

5542 equal to the estimated benefit. If there is under-reporting, then the actual benefits can be 

5543 substantially higher. Table 4.5-14 shows a range of benefit estimates corresponding to different 

5544 reporting rates (100%, 25%, 20%, 10%, and 5%), which provide a range of values and show the 

5545 sensitivity to different assumptions about under-reporting. Under EPA’s best estimate, if only 

5546 10% of cases are reported, and if under-reporting is equally likely in all poisoning cases across 

5547 all severity levels, then the low-end estimate of the value of prevented poisoning due to the rule 

5548 would be about $870,000 per year, and the high-end estimate would be about $2.6 million per 

5549 year. The estimates in Table 4.5-14 are based on extrapolating to national estimates from 

5550 SENSOR-Pesticides data based on the number of recorded pesticide exposure incidents per farm. 

5551 These are higher than the estimates based on the number of incidents per farmworker (compare 

5552 tables 4.5-10 through 4.5-13). If we assume 10% reporting, using the estimates based on 

5553 incidents per farmworker from tables 4.5-10 and 4.5-11, the estimate of prevented cases would 

5554 range from a low of 536 to a high of 995. The estimates of benefits are $575,000 to $1.6 million.

5555

Table 4.5-14. Sensitivity of Annual Quantified Benefit Estimates to Assumptions about 

Under-reporting

Share of 

Cases 

Reported

Low-End 

Estimate of 

Prevented 

Cases

Low-End 

Estimate of 

Benefits

High-End 

Estimate of 

Prevented Cases

High-End Estimate 

of Benefits

100% 87 $86,677 162 $260,345 

25% 348 $346,708 648 $1,041,378 

20% 435 $433,385 810 $1,301,723 

10% 870 $866,769 1,620 $2,603,446 

5% 1,740 $1,733,538 3,240 $5,206,892 

Source: EPA Calculations, based on the number of farms.

5556

5557 Even without underreporting, the estimates are undervalued. The estimates are based solely on 

5558 the avoided costs in medical care and lost productivity to workers. We are unable to measure the 
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159

5559 willingness to pay to avoid illness, which is EPA’s preferred approach for valuation of reduced 

5560 risk (EPA, 2010). As described in Freeman (2003), this measure consists of four components:

5561

5562  “Averting costs” to reduce the risk of illness;

5563  “Mitigating costs” for treatments such as medical care and medication;

5564  Indirect costs such as lost time from paid work, maintaining a home, and pursuing leisure 

5565 activities; and

5566  Less easily measured but equally real costs of discomfort, anxiety, pain, and suffering.

5567

5568 WTP represents the amount of money that an individual or group would pay to receive the 

5569 benefits resulting from a policy change, without being made worse off. There are other values 

5570 excluded by using WTP as the metric. WTP is usually characterized as a WTP for improved 

5571 health outcomes for oneself, which is true here, as well. This does ignore that people may also 

5572 value the health of others, and place some value on seeing others protected.

5573

5574 All quantitative benefits estimates presented in this section include only the effects of reduced 

5575 illness from acute exposure based only on the cases that were included in the SENSOR5576 Pesticides database – the effects of chronic exposure are discussed in the next section, which will 

5577 discuss the potential risks of chronic pesticide exposures to workers, handlers and families, or 

5578 acute exposures that have developmental effects.

5579

5580 It is important not to forget that the costs of these acute illnesses are borne primarily by 

5581 farmworkers, and farmworkers are some of the members of our society with the least ability to 

5582 absorb financial impacts. According to the National Agricultural Workers Survey (DoL, 2005) 

5583 farmworkers on average only perform farmwork for 34 weeks a year, so lost employment time is 

5584 a relatively larger share of their overall working year. The financial impact is also relatively 

5585 greater for farmworkers than the population as a whole. A full 30% of farmworker families live

5586 below the poverty line. Average individual income is between $10,000 - $12,499 per year, and 

5587 average family income is $15,000 -$17,499 per year, which means that medical expenses can 

5588 consume a substantial part of their annual income (DoL, 2005).

5589

5590 The next section will discuss the risks of chronic pesticide exposures to workers, handlers and 

5591 families, or acute exposures that have developmental effects. 

5592

5593 4.6 What are the Risks? Chronic Pesticide Exposure and Risks to Workers 

5594 and Handlers 

5595

5596 In the previous section, estimates of reduced illness from acute exposures to pesticides are 

5597 presented. Although these estimates are based on the best available data, there are uncertainties 

5598 reflected in the estimates, e.g., potential under-reporting. In addition to these acute effects, there 

5599 are chronic health effects associated with chronic, generalized pesticide exposure. EPA 

5600 anticipates that benefits would accrue to agricultural workers from reduced chronic health 

5601 effects. The quantification of chronic cases avoided is not reflected in the acute poisoning 

5602 surveillance benefits assessment. This section will describe the potential chronic health effects 

5603 to farmworkers, pesticide handlers and their families from pesticide exposure. Following this 
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160

5604 section, EPA presents a semi-quantitative method for assessing benefits (“break-even analysis”) 

5605 of improved chronic health conditions, i.e., chronic cases avoided due to the rule.

5606

5607 This section presents evidence of well-documented associations between pesticide exposure and 

5608 certain cancer and non-cancer chronic health effects in the peer-reviewed literature. It is 

5609 important to note that EPA is not stating that there is a causal link between certain health 

5610 outcomes and exposure to specific pesticides. It would be premature at this stage to suggest a 

5611 causal link between these health outcomes and exposure to any specific pesticides. Typically 

5612 several epidemiology studies conducted over time, using different study designs, and taking 

5613 place within different study populations in addition to other streams of scientific evidence are 

5614 required before researchers can move from a statistical “association” to a causal determination. 

5615 Even though there have been relatively few proven cause and effect associations between real 

5616 world pesticide exposure and long-term health effects in human populations, many exposure5617 chronic disease associations have been tested in observational studies and critically evaluated in 

5618 the scientific peer reviewed literature, and research is ongoing. Therefore, overall pesticide 

5619 exposure reduction through WPS may have substantial benefits that cannot be quantified at this 

5620 time. The environmental epidemiology literature is growing rapidly, however, in terms of both 

5621 quantity and quality of pesticide epidemiology studies. EPA believes additional causal links 

5622 between pesticide exposure and adverse health outcomes in the human population will be 

5623 provided over time.

5624

5625 There are several ongoing studies with large cohorts funded by governments in the U.S. and 

5626 abroad, and studies within these cohorts suggest plausible hypotheses between pesticide 

5627 exposure and several chronic health effects. The largest of such cohorts in the United States is 

5628 the Agricultural Health Study funded by the National Cancer Institute (NCI), National Institute 

5629 of Environmental Health Sciences (NIEHS), and co-sponsored by EPA, among other 

5630 collaborating agencies. This is a study with 89,000 participants in Iowa and North Carolina, 

5631 including private and commercial pesticide applicators and their spouses, investigating a broad 

5632 array of potential illnesses. A study in Norway to investigates links between cancer and other 

5633 diseases and agricultural chemicals in a cohort of over 245,000 people (Kristensen et al., 1996, 

5634 Nordby et al., 2005). In France, a large study is underway to investigate the links between 

5635 agricultural work and cancer, with an emphasis on pesticides (Lebailly et al., 2006). The Korean 

5636 Multi-Center Cancer cohort is collecting pesticide exposure data on tens of thousands of people 

5637 as part of a large scale study of environmental and genetic factors associated with cancer risk 

5638 (Yoo et al., 2002). The National Cancer Institute initiated a collaborative effort, AGRICOH, 

5639 which is designed to encourage international collaboration. It encompasses 22 cohorts from nine 

5640 countries pooling data to study cancer and other disorders that can result from pesticide exposure 

5641 and other causes (Leon, et al., 2011).

5642

5643 Studying chronic health effects of long-term pesticide exposure in agricultural workers is 

5644 complicated by many factors. These include exposure to multiple chemicals, not just pesticides; 

5645 exposure for differing durations with differing periodicity, i.e., intermittent or sustained; and 

5646 multiple routes of exposure, e.g., dermal and inhalation. Many epidemiologic studies that include 

5647 certified pesticide handlers and applicators such as the Agricultural Health Study (AHS) and 

5648 other occupational cohorts reflect exposure profiles that largely result from appropriate, lawful

5649 use of pesticides; however, misuse does occur (Bell et al., 2006). These certified applicators that 
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161

5650 form the core of the AHS cohort may face different exposure compared to other agricultural 

5651 workers and handlers. 

5652

5653 Another complicating factor is that, over time, EPA and others, such as state governments, have 

5654 implemented risk mitigation measures including requirements for the use of additional personal 

5655 protective equipment, revised re-entry intervals, and at times the cancellation of pesticide 

5656 products or specific pesticide uses. It should be noted that while studies published today 

5657 contribute to the general body of scientific knowledge, not all epidemiologic research would 

5658 necessarily have current regulatory relevance, e.g., if the pesticide was already cancelled or 

5659 withdrawn from the marketplace. Additionally, changes in pest pressure, agronomic practices, 

5660 pesticide product formulation changes and other factors may have resulted in significant changes 

5661 in the use of pesticides over the last several decades, which is the relevant period for 

5662 investigating chronic effects with typically long latency periods such as cancer. As a result, 

5663 studies which reflect past exposure scenarios must be interpreted with caution when applied to 

5664 current use patterns.

5665

5666 Emerging research suggests that early exposure, either pre-natal or in early childhood, may be 

5667 linked to chronic health outcomes later in life. These early life exposures may occur from 

5668 pesticides that are on the bodies or clothes of commercial pesticide applicators, workers, or 

5669 handlers and brought into the home environment. A number of studies have shown the potential 

5670 for “take home” exposures, where a commercial applicator or an agricultural worker may bring

5671 pesticide residues home on their body or clothing (see Section 4.2.2). Because one of the 

5672 changes in the rule is an increased focus on training about the take home pathway, this type of 

5673 exposure should be reduced resulting in long term health benefits to workers, handlers and their 

5674 families, including children.

5675

5676 These studies on chronic pesticide exposure and other scientific information all need to be 

5677 evaluated to determine the potential for individual pesticides to cause adverse long-term health 

5678 impacts. When identified as problematic, EPA can take action to mitigate the risk of individual 

5679 pesticides, but there are also instances in which there is cause for concern over generalized 

5680 pesticide exposure (beyond those that can be modeled using aggregate and/or cumulative risk 

5681 assessment practices). The WPS rule changes are designed to protect against agricultural worker 

5682 or handler exposures even when the current state of the science does not support action on 

5683 individual chemicals.

5684

5685 In this section, EPA summarizes research on potential chronic health effects that result from 

5686 pesticide exposure. These include possible links to blood and prostate cancers, neurological 

5687 effects like Parkinson’s disease and attention deficit hyperactivity disorder, fertility effects like 

5688 impaired fertility and adverse birth outcomes, and respiratory problems like asthma. These 

5689 illnesses are selected for discussion here because they have been associated with pesticide 

5690 exposures in studies that meet EPA’s data quality standards, and due to either the relative 

5691 strength and plausibility of the hypothesized link, the number of studies available, or the 

5692 relatively high prevalence of either the health outcome or a particular pesticide exposure. 

5693 Overall, the totality of reported findings suggests long term health benefits from the rule, but, 

5694 due to the state of scientific research and measures of chronic exposure at this time, estimates of 

5695 the quantitative benefits from the final rule are not possible.
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5696

5697 A discussion of the plausibility of benefits from a subset of disease reductions from reduced 

5698 chronic exposure is presented in Section 4.8.

5699

5700 4.6.1 Cancer Risks

5701

5702 Although only a small number of pesticides have been determined to be human carcinogens by 

5703 various peer-review bodies, there is a wide range of literature demonstrating statistical 

5704 associations between pesticide exposure and some anatomical cancer sites, with plausible 

5705 biological mechanisms identified through experimental toxicology studies. Many studies have 

5706 evaluated other possible links between pesticide exposure and cancer. While it is premature to 

5707 state there is a causal association between the studied occupational pesticide exposures and 

5708 cancer, EPA presents this information to demonstrate the growing body of knowledge as to 

5709 possible chronic health effects of pesticide exposure.

5710

5711 Synthesizing across the studies of the carcinogenic potential of pesticide exposure, review 

5712 articles and meta-analytic results indicate an association between various pesticide exposures and 

5713 lymphohematopoetic cancers (non-Hodgkin’s lymphoma (NHL) and leukemia specifically); 

5714 among solid tumors (brain and prostate cancers); and, some evidence of pediatric cancer risk in 

5715 association with either in utero exposure or parental pesticide occupational exposure (Bassil et 

5716 al., 2007; Blair and Beane-Freeman 2009; Koutros et al., 2010a; Van Maele et al., 2011, Wigle 

5717 et al., 2009, Turner et al., 2009, Alavanja and Bonner, 2012, and Alavanja et al., 2013). This 

5718 section will discuss some of the evidence for the possible connection between pesticide exposure 

5719 and these cancer effects. 

5720

5721 Blair and Beane-Freeman (2009) provides a review of epidemiologic studies of cancer among 

5722 agricultural populations. They report that meta-analyses of mortality surveys of farmers find 

5723 excesses of several cancers, including those of the connective tissue, NHL and multiple myeloma 

5724 and cancers of the skin, stomach and brain and reduced total mortality, heart disease, total 

5725 cancer, and cancers of the esophagus, colon, lung and bladder. They reported that meta-analyses 

5726 of studies of individual cancers show the importance of identifying specific exposures that lead 

5727 to these cancers. It should also be noted, however, that these authors conclude factors other than 

5728 pesticide exposures may partially explain the observed increased risk of cancer among those 

5729 engaged in agriculture relative to the general population (Blair and Beane-Freeman 2009).

5730

5731 Initial evidence of a possible association between various pesticide exposures and cancers of the 

5732 lung, colon, prostate, bladder and pancreas have also been published by the AHS researchers (for 

5733 example, Alavanja et al., 2004 for lung cancer, Lee et al., 2007 for colon cancer, Andreotti et al., 

5734 2009 for pancreatic cancer). Among farmworkers specifically, cancers of the cervix and 

5735 stomach at higher rates than the general population have also been noted (Mills et al., 2009). 

5736

5737 Lymphohematopoetic Cancers 

5738

5739 Over time, evidence of a link between pesticide exposure and blood cancers has increased. For 

5740 example, since the 1980’s several studies have illustrated a possible link between pesticide 
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163

5741 exposure and various lymphohematopoetic cancers (Zahm and Ward, 1998, Zahm et al., 1997). 

5742 Incidence of NHL and other blood cancers have increased between 1973 and 1990, a time period 

5743 coincident with an increased use of pesticides as well as other environmental chemicals (Hardell 

5744 and Eriksson, 2003). While biological mechanisms remain to be determined (for example, Chiu 

5745 and Blair 2009), the role of a particular chromosomal translocation (t14:18) has been implicated, 

5746 possibly as a result of pesticide exposure; however, this link is not known with certainty at this 

5747 time. Comparing rates of new blood cancers among pesticide applicators relative to the general 

5748 population, Koutros, et al. (2010a) reports higher incidence rates for multiple myeloma and 

5749 lymphoma. Eriksson and colleagues reported elevated rates of NHL among herbicide users in a 

5750 population-based case-control study in Sweden (Eriksson et al., 2008). There may be a link 

5751 between pesticide exposure and these cancers; however additional research is necessary to 

5752 understand whether the link is causal in nature, and the degree to which pesticide exposures and 

5753 other farm related exposures may contribute to the risk of these cancers.

5754

5755 In a review by Bassil et al. (2007), 14 out of 16 papers examining the association between 

5756 leukemia and pesticides found a positive result. Of the 16 papers, 8 were case-control studies 

5757 with statistically significant results. Several case-control studies looked at children that had been 

5758 exposed to pesticides and found increased rates of all types of leukemia among those whose 

5759 parents used insecticides on the garden and on indoor plants and from those whose mothers were 

5760 exposed while pregnant (Bassil et al., 2007). These authors note several limitations of each of 

5761 the studies included in the systematic review, and note they were not able to assess whether 

5762 population bias was a factor in the results of this review. 

5763

5764 In the Bassil et al. review, 27 studies met their criteria for inclusion into their review that 

5765 examined the association between pesticide exposure and NHL, and 23 found an association. For 

5766 the case-control studies in this review, 12 of 14 papers had positive associations and 8 of those 

5767 associations were statistically significant. In one study that examined children’s exposure to 

5768 pesticides, elevated odds ratios for NHL were found in children who lived in homes where 

5769 pesticides were used most days for professional home extermination, when children had direct 

5770 postnatal exposure or when children had parents that were occupationally exposed. The elevated 

5771 risks were reported from several classes of pesticides (Bassil et al., 2007).

5772

5773 Wigle et al. (2008) conducted a review of studies investigating links between occupational 

5774 exposure to pesticides and leukemia in workers’ children. They found no evidence of a direct 

5775 link between children’s leukemia and all parents’ occupational exposure, but they do report an 

5776 association between a mother’s occupational exposure to insecticides and pesticides in general 

5777 and their children’s risk of leukemia, with an association slightly higher for mothers working on 

5778 farms and with other significant related exposures.

5779

5780 Prostate Cancer 

5781

5782 For decades, studies have suggested an increased risk of prostate cancer among farmers. Farmers 

5783 are generally more healthy than the overall population, with lower rates of cardiovascular 

5784 disease, diabetes, mortality, etc. (Blair et al., 2005). However, farmers have an increased risk of 

5785 prostate cancer, which may be explained by pesticide exposure, or possibly by other farm- or 

5786 non-farm related exposures. Comparing the incidence of prostate cancer in farmers with 
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5787 members of the general population, researchers have estimated that farmers have a roughly 20% 

5788 increased risk of this cancer (Koutros et al., 2010a). Case-control analysis within the AHS 

5789 suggest exposure to several organophosphate pesticides may be related to prostate cancer, but 

5790 only among men with a family history of the disease (Alavanja et al., 2003). Additional follow5791 up within the AHS cohort corroborate this initial finding (Mahajan et al., 2006 and 2007; 

5792 Christensen et al., 2010). The association of prostate cancer with exposure to certain pesticides

5793 varies by family history of prostate cancer, and molecular epidemiology studies are underway 

5794 that may shed light as to the potential role of genetic variation in the association. This work is 

5795 not yet complete. However, initial investigations recently released indicate that a genetic 

5796 variation in genetic region 8q24 may partially explain the association between pesticide exposure 

5797 and prostate cancer (Koutros et al., 2010b). These genetic variations do not fully explain the 

5798 cancer relationships within a family, so other shared environmental exposures may play an 

5799 important role. Overall, however, across studies published to date, results are not consistent, 

5800 possibly due to differing study designs used. 

5801

5802 In investigations of farmworker populations, prostate cancer associations have also been found. 

5803 For example, Mills and Yang (2003) investigated prostate cancer risk among farmworkers in 

5804 California, and concluded that high levels of exposure to various types of pesticides left Hispanic 

5805 workers with an elevated risk of prostate cancer.

5806

5807 Recently, AHS researchers produced a new analysis of pesticide exposure and prostate cancer, 

5808 this time focusing upon more aggressive cases of the disease (Koutros et al. 2012). For the 

5809 purposes of the study, aggressive prostate cancer was defined as a distant stage (tumor tissue 

5810 outside of prostate), and advanced grade (more poorly differentiated cell structure) indicative of 

5811 a more advanced disease. Researchers observed an increased risk of aggressive prostate cancer 

5812 among those who reported using higher amounts of four pesticides over their working lifetime. 

5813 This work supports previous analyses noting links between specific organophosphate pesticides 

5814 and prostate cancer. It also extends an understanding of the possibility of a link with the 

5815 aggressive form of the disease, which is thought to have a different set of causal factors than 

5816 slow-growing tumors. This is the first study on an aggressive disease, and more work is needed 

5817 to distinguish clear causal pathways. However, the study is supportive of previous work 

5818 concerning an apparent increased risk of prostate cancer among pesticide applicators enrolled in 

5819 the AHS.

5820

5821 Lung Cancer

5822

5823 Alavanja et al. (2004), reported a positive association between four pesticides and pesticide 

5824 exposure among the AHS cohort. In this study, exposure to these pesticides was associated with 

5825 lung cancer risk in the cohort, despite the fact that, in general the lung cancer risk for the cohort 

5826 is lower than the population as a whole. Other studies have also shown an association between 

5827 pesticides and lung cancer in the AHS cohort (Beane-Freeman et al., 2005; Lee et al., 2004).

5828
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5829 4.6.2 Non-Cancer Health Effects

5830

5831 Many epidemiological studies have reported associations between non-cancer chronic health 

5832 problems and pesticide exposure; however, none have been determined to be causal in nature at 

5833 this time. Preliminary investigations have identified elevated risks of respiratory and 

5834 neurological effects; as these are preliminary investigations, other explanations for these effects 

5835 cannot be eliminated at this time. However, some of the more plausible hypotheses involve a 

5836 potential role of pesticide exposure and some neurological outcomes in adults such as 

5837 Parkinson’s disease and general neurological health (discussed below). To the extent that the 

5838 changes to the WPS reduce chronic exposure to pesticides, they may reduce the incidence of 

5839 these chronic health effects as well.

5840

5841 Neurological Function

5842

5843 The possible connection between pesticide use and symptoms of Parkinson’s disease has spurred 

5844 a great deal of research. Using the AHS cohort, Kamel et al. (2007), investigated the hypothesis 

5845 that Parkinson’s disease is associated with pesticide exposure. Study participants included 

5846 licensed private pesticide applicators and spouses, enrolled in the AHS from 1993 through 1997 

5847 and contacted for a follow-up study from 1999 through 2003. They report a positive association 

5848 of Parkinson’s disease in those who reported ever using pesticides, and a “strong association” 

5849 with Parkinson’s disease for those who personally applied pesticides. Cumulative lifetime days 

5850 of use was associated with a dose-response relationship in cases diagnosed after the beginning of 

5851 the study, but there was no association with a dose-response function and cases diagnosed prior 

5852 to the study. This study has recently been updated with physician-diagnosed cases of

5853 Parkinson’s disease, as opposed to participant self-reporting, and authors reported statistically 

5854 significant 2.5-fold increased odds of Parkinson’s disease if participants used two specific 

5855 pesticides (Tanner et al., 2011).

5856

5857 In a review study on the non-cancer effects of pesticides mentioned earlier, Sanborn et al. (2007) 

5858 evaluated prior work on the association between Parkinson’s symptoms and pesticide exposure, 

5859 and reported a positive association in 15 out of the 26 studies reviewed. The authors conclude 

5860 that these studies “provide remarkably consistent evidence of a relationship between Parkinson’s 

5861 disease and past exposures of pesticides on the job.”

5862

5863 Sanborn et al. (2007) examined the non-cancer health effects of pesticides in a review, and found 

5864 most (39/41) studies displayed an increase in one or more neurological abnormalities in 

5865 association with pesticide exposure. These outcomes ranged from neurodevelopmental effects in 

5866 preschool children, general malaise and mild cognitive function, minor psychological morbidity, 

5867 depression, suicide and death from mental disorders (Sanborn et al., 2007). Kamel et al. (2007), 

5868 using the AHS cohort, found associations between neurological symptoms and lifetime pesticide 

5869 exposure, with the greatest association for organophosphate pesticides.

5870

5871 Research on the neurological effects of pesticide exposure continues. Three recent studies (Rauh 

5872 et al., 2011; Engel et al., 2011; and Bouchard et al., 2011) have investigated the relationship 

5873 between prenatal exposure to organophosphate pesticides and neurological effects in children 

5874 through the age of 7 years. Another recent study (Rohlman et al., 2011) reviews the possible 
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5875 relationship between adult occupational exposure to pesticides and adverse neurological 

5876 symptoms. Despite the associations reported in the reviewed literature, the authors acknowledge 

5877 uncertainties present in the data at this time which limit causal inference including a clear 

5878 biologically plausible mechanism of action, among other study characteristics.

5879

5880 Respiratory Function

5881

5882 Several studies have shown associations between pesticide exposure and both permanent and 

5883 transitory (but chronic) respiratory effects. Asthma is a temporary inflammation of the lungs, 

5884 often caused by an environmental trigger, which leads to coughing, wheezing and shortness of 

5885 breath. Although the symptoms of asthma last for minutes or days, being susceptible to asthma 

5886 attacks is a lifelong problem, and several studies have shown an association between pesticide 

5887 exposure and asthma. Hoppin et al. (2008) reported an association between exposure to a range 

5888 of pesticides and asthma in farm women, despite the fact that growing up on a farm reduced the 

5889 likelihood of asthma attacks. This study focuses on the spouses of pesticide applicators and may 

5890 show an important effect from generalized agricultural pesticide exposure to families, rather than 

5891 exposure as a pesticide applicator. An association has been reported for children, as well. Salam 

5892 et al. (2004) describe a range of risk factors related to childhood asthma. Among those risk 

5893 factors were pesticides, and other farm exposures. The effects were largest for children with 

5894 early onset asthma. An international study on childhood exposure to pesticides in Lebanon 

5895 (Salameh et al., 2003) also reports a relationship between exposure and respiratory symptoms.

5896

5897 Chronic bronchitis is an inflammation of the air passages of the lungs. While acute bronchitis 

5898 usually has symptoms over a short term, chronic bronchitis is a recurring chronic obstructive 

5899 pulmonary disease that makes it difficult to breathe for months at a time, with coughing that 

5900 expels sputum from the airways. Hoppin et al. (2007) reports a statistically significant 

5901 association between eleven pesticides and chronic bronchitis among the AHS cohort – an 

5902 association that was stronger among those with a high pesticide exposure event.

5903

5904 4.6.3 Summary of Chronic Exposure and Risks

5905

5906 Overall, the epidemiological or human study data discussed in the previous two sections do not 

5907 support a clear cause-effect relation between specific pesticide exposure and certain chronic 

5908 health outcomes. However, the totality of the research results showing positive associations 

5909 between pesticide exposure and certain chronic health outcomes in conjunction with plausible 

5910 biological hypotheses, taken together, indicates that pesticide exposure may result in chronic 

5911 adverse health effects beyond those identified through a review of incidents involving acute 

5912 illness.

5913

5914 4.7 Non-Quantified Benefits of Avoiding Potential Chronic Risks

5915

5916 The changes to the WPS are designed to reduce occupational exposure to all pesticides, as well 

5917 as reduce the non-occupational exposure to the families of workers and handlers. There is 

5918 sufficient evidence in the peer-reviewed literature to suggest that reducing pesticide exposure 

5919 would result in a benefit to public health through reduced chronic illness (Section 4.6 above). In 
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5920 general, while there is sufficient evidence to suggest associations between exposure and chronic

5921 illness, the literature does not provide sufficient data to quantify the expected health benefits of 

5922 specific risk mitigation measures for use in a benefits analysis. The totality of findings 

5923 reasonably support the conclusion that the WPS changes can reduce overall agricultural pesticide 

5924 exposure that poses chronic health risks to workers, applicators, and their families. 

5925

5926 The health effects potentially caused by occupational pesticide exposure can have dramatic 

5927 effects on the health and welfare of workers and handlers who suffer these diseases. These 

5928 illnesses do not only affect those who become ill, but they also may require extensive caregiving 

5929 by family members or others. It is also important not to underestimate the effects on those 

5930 stricken with illness. Parkinson’s disease, for example is a progressive disease characterized by 

5931 tremors, rigidity and stiffness of the limbs, instability and falling, all of which result in difficulty 

5932 performing everyday functions (Parkinson’s Disease Foundation, 2011). Non-Hodgkins 

5933 lymphoma is a cancer that starts in the immune system, with symptoms of swollen lymph nodes, 

5934 weight loss, fever, weakness, respiratory distress, drenching night sweats, and pain. Treatment 

5935 for NHL, has a range of side effects that can also generate substantial symptoms (National 

5936 Cancer Institute, 2007). In addition to the symptoms of NHL and the treatment, the disease is 

5937 often fatal. The five year survival rate for NHL is only 70.2%, meaning that almost 30% of 

5938 people diagnosed with NHL in 2003 died within five years (National Cancer Institute, 2011).

5939

5940 Because of the uncertainties in the number of illnesses that may be caused by, and therefore 

5941 prevented by reduced pesticide exposure, it is impossible to derive quantified estimates of 

5942 pesticide-specific benefits from illness reduction. In the U.S., health care costs for chronic 

5943 disease are great, in addition to the direct human cost of illness mentioned in the previous 

5944 paragraph. The additional medical costs for a patient suffering from Parkinson’s disease have 

5945 been estimated at over $10,000 annually (Huse et al., 2005). NHL treatment costs have been 

5946 estimated at over $5,800 monthly for aggressive NHL, and over $3,800 monthly for slower5947 growing NHL (Kutikova, et al., 2006) For prostate cancer, average cost of treatment over 5 and 

5948 half years of the study was over $42,500 (Wilson et al., 2006). These costs are very high, 

5949 especially so relative to the income for workers and handlers, and the value of reducing these 

5950 illnesses is likely to be substantial, as well. These costs are treatment costs only, which is likely 

5951 an under-estimate of the true cost of illness. 

5952

5953 The next section details the break-even analysis methodology, which considers the value of 

5954 potentially preventing some of these illnesses, using estimates of the willingness-to-pay to avoid 

5955 illness or death. 

5956

5957 4.8 Break-Even Benefit Analysis of Avoiding Potential Chronic Risks

5958

5959 In this section, EPA presents a “break-even” analysis as a means of comparing the costs of the 

5960 WPS revisions to its reasonably expected benefits. This analysis shows that preventing a very 

5961 small number of illnesses potentially associated with pesticide exposure could result in benefits 

5962 to human health equal to or greater than the difference between the quantified benefits and the 

5963 estimated costs of the rule. As described below, preventing only a few pesticide-related illnesses 

5964 annually, less than one percent of the cases of a handful of diseases, would generate enough in 

5965 benefits to close the gap between the estimated cost of the WPS changes and the quantified 
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5966 estimate of benefits from reduced acute incidents. The break-even number of illnesses avoided 

5967 is quite low, because the diseases under consideration can have severe effects which persist over 

5968 a long period of time, and the cost of health care is great. For this exercise, we consider non5969 Hodgkin’s lymphoma, prostate cancer, lung cancer, bronchitis, Parkinson’s disease, and asthma 

5970 to demonstrate the potential benefits in the rule from reducing chronic illnesses. These are the 

5971 illnesses for which there is credible evidence of an association with pesticide exposure and for 

5972 which credible willingness to pay estimates exist in the peer-reviewed literature or for which 

5973 willingness to pay estimates may be transferred from other diseases. 

5974 4.8.1 Background

5975

5976 The break-even approach uses EPA’s estimates of monetized benefits for reduced acute 

5977 exposures, and subtracts them from the estimated annual compliance costs of the rule. The 

5978 resulting “net cost” enables one to work backwards to estimate what the benefits from reduced 

5979 chronic illness would need to be in order for the total annual benefits of chronic illness reduction 

5980 to equal the cost of the rule. A break-even analysis is a useful alternative when quantifiable data 

5981 are lacking (OMB, 2003). Although we cannot quantify net benefits of chronic disease avoided, 

5982 we can estimate the number of cases that would need to be prevented by WPS changes in order 

5983 for the benefits of the rule to equal the cost. This estimate then can be assessed for plausibility. 

5984 It can also be a useful step to ensure that unquantifiable benefits, like reduced chronic exposures 

5985 to pesticides, are not ignored when weighing costs and benefits. 

5986

5987 Break-even analyses have been used by EPA in the past when monetized estimates of all benefits 

5988 could not be estimated. The analyses in support of several rules from the EPA Office of Water 

5989 used this approach to highlight benefits that could not be quantified (EPA, 2011; EPA, 2010b; 

5990 EPA, 2006c; EPA 2005). For these cases, the break-even analyses were based on prevented 

5991 illness or fatalities when the number of illnesses or fatalities could not be estimated, similar to 

5992 the analysis here. These examples have most often reflected acute health effects with a known 

5993 causal link to an environmental exposure, e.g., gastrointestinal distress as a result of bacterial 

5994 contamination of water. The break-even analysis here is based on associations between pesticide 

5995 exposure and chronic disease (see Section 4.6). 

5996

5997 The costs of environmental regulations are traditionally much simpler to quantify than benefits to 

5998 health or the environment. Costs of equipment, time to train and build knowledge can be easily 

5999 estimated. However, environmental or human health benefits are often difficult to quantify due 

6000 to data limitations, as noted above, or the non-pecuniary nature of these benefits. However, as 

6001 noted in Section 4.6 the human epidemiology research reporting links between pesticide 

6002 exposure and human health outcomes indicates that some degree of public health benefits will 

6003 likely accrue as a result of pesticide exposure reduction from changes to the WPS.

6004

6005 Ideally, EPA could quantitatively estimate the public health benefit of pesticide exposure 

6006 reduction through updated WPS requirements through reduced disease burden. However, we are 

6007 unable to quantify the benefits from reducing chronic health effects for several reasons. While 

6008 exposure reduction is an anticipated outcome from the WPS rule, it is difficult to quantify the 

6009 magnitude of the exposure reduction because the interventions are indirect, i.e., they influence 

6010 behavior associated with pesticide safety practices. Similarly, while statistical associations have 
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6011 been observed in studies which estimate the relation between pesticide exposure and chronic 

6012 health outcomes such as cancer, as noted in Section 4.6, the causal nature of these associations 

6013 have not yet been determined; thus calculating attributable risk, or the magnitude of the chronic 

6014 health risk reduction expected as a result of pesticide exposure reduction, is premature at this 

6015 time. It is likely that pesticide exposure may be one of multiple risk factors for certain disease 

6016 outcomes in the population (i.e., there is a multi-factorial web of disease causation); however, it 

6017 is plausible that some instances of disease (specific cases) could be attributable to pesticide 

6018 exposure. Epidemiological research is particularly difficult when the subjects are farmworkers 

6019 and their families. Relative to other studies of the effects of occupational exposure to chemicals, 

6020 studies based on farmworkers are more difficult because it is harder to estimate exposure to 

6021 specific pesticides, because they were not applied by the worker, and may not have been applied 

6022 by the handler (Zahm and Blair, 2001 and 1993). Exposure estimation through work history is 

6023 also difficult with this mobile population, making it harder to identify exposure based on 

6024 available application data (Zahm et al., 2001, Zahm and Blair 1993).

6025

6026 In Section 4.6, EPA presented a review of the epidemiology literature in which authors report 

6027 statistical associations between pesticide exposure and certain chronic health effects. Included in 

6028 that discussion is information on the Agricultural Health Study (AHS), a large prospective cohort 

6029 study of about 90,000 certified pesticide applicators and their spouses initiated in the early 

6030 1990s. The study is recognized for its design and robustness, with exposure measurements that 

6031 have been extensively validated. Because of these characteristics and strengths, it is appropriate 

6032 to rely on the results and findings of this study in evaluating pesticide risks. EPA has been 

6033 systematically evaluating this study in collaborative projects with the AHS investigators with 

6034 respect to algorithms, exposure assumptions, and other critical information. OPP is developing a 

6035 framework for interpreting epidemiological data and integrating the results into the overall data 

6036 that is grounded in sound scientific principles for evidence of causation. The work products and 

6037 ideas that OPP has generated and presented have been well received by recent Scientific 

6038 Advisory Panels and various stakeholders. These data inform hazard identification and 

6039 characterization, although exposure profiles and use practices have changed over time such that 

6040 past and current exposures differ from current and future pesticide practices. Therefore, while 

6041 studies such as the AHS are helpful for hazard characterization, additional information outside of 

6042 any one epidemiology study may be needed to assess current, real-world exposure potential. The 

6043 reported associations suggested in the cited epidemiology studies can help in evaluating potential 

6044 health outcomes associated with exposures and assist in conducting an economic evaluation of 

6045 possible benefits from reducing exposure through an enhanced worker protection standard.

6046

6047 4.8.2 Method

6048

6049 For the acute illness estimates earlier in this chapter, the number of cases prevented was found 

6050 by evaluating descriptions of the incidents that led to the pesticide exposure. For this break-even 

6051 analysis of the chronic exposure, the number of cases prevented will not be known. At the end 

6052 of the process we will search for the percentage of cases that must be prevented for the benefits 

6053 to exceed the costs, and consider whether the number of cases reduced is plausible for the 

6054 farmworker and handler population. For simplicity, we will generally assume the same rate 
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170

6055 reduction for all diseases and their fatal effects, if any, although it is likely that different 

6056 exposure-response profiles exist for specific pesticide-chronic health effect association. 

6057

6058 As discussed in Section 4.6, there are many health effects that may be associated with chronic, 

6059 non-specific pesticide exposure, although although causality has not been proven to a scientific 

6060 certainty. For this break-even exercise, however, we will consider only a few of the illnesses 

6061 associated with chronic pesticide exposure: non-Hodgkin’s lymphoma, prostate cancer, lung 

6062 cancer, chronic bronchitis, Parkinson’s disease and asthma. 

6063

6064 It should be emphasized that the diseases (cancer, neurological diseases, and pulmonary effects) 

6065 included here are chosen as representatives of the range of diseases that may result from chronic 

6066 exposure to pesticides. For example, there are a range of other cancers for which studies have 

6067 shown an association in farmworkers (Mills and Yang, 2006a, 2006b), but the associations may 

6068 not be as strong as the ones we have included here largely due to challenges of performing 

6069 observational studies in the farm worker population. 

6070

6071 To estimate the break-even number of prevented cases, we will begin with national data on 

6072 disease incidence, which describes how many cases of specific diseases can be expected to be 

6073 diagnosed each year. 

6074

6075 Next, we need an estimate of the benefit of reduced illness. EPA’s preferred approach is to use 

6076 an estimate of “willingness to pay” (WTP) to reduce the risk of experiencing an illness (US 

6077 Environmental Protection Agency, 2010). As described in Freeman (2003), this measure 

6078 consists of four components:

6079

6080  “Averting costs” to reduce the risk of illness;

6081  “Mitigating costs” for treatments such as medical care and medication;

6082  Indirect costs such as lost time from paid work, maintaining a home, and pursuing leisure 

6083 activities; and

6084  Less easily measured but equally real costs of discomfort, anxiety, pain, and suffering.

6085

6086 WTP represents the amount of money that an individual or group would pay to receive the 

6087 benefits resulting from a policy change, without being made worse off. There are other values 

6088 excluded by using WTP as the metric. WTP is usually characterized as a WTP for improved 

6089 health outcomes for oneself, which is true here, as well. This does ignore that people may also 

6090 value the health of others, and place some value on seeing others protected, especially when they 

6091 are a disadvantaged population, like farmworkers. These altruistic benefits are not included in 

6092 the WTP estimates presented here. 

6093

6094 Typically WTP estimates will vary by the type of disease, because of differing health 

6095 consequences and differing amounts of dread the disease imparts in the study subjects. For 

6096 example, WTP may be higher to avoid a fatality from cancer than from a car accident. For many 

6097 non-fatal diseases, direct estimates for WTP are not available. In these cases, we will use 

6098 benefits transfer to find estimates. This involves applying available estimates of WTP for 

6099 preventing illness to the relevant ones for the WPS changes, adjusting them if needed. 

6100
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6101 For cases of fatalities prevented, we value the benefits with the Value of a Statistical Life (VSL). 

6102 EPA uses a default central “value of statistical life” (VSL) of $9.5 million (in 2012 dollars) to 

6103 value reduced mortality for all programs and policies. This value is based on a distribution fitted 

6104 to 26 published VSL estimates (US Environmental Protection Agency, 2010), updated from $7.9 

6105 million in 2008 dollars to 2012 dollars, using the Consumer Price Index.

6106

6107 The benefits for preventing chronic illness are simply the sum across illnesses of the value of 

6108 prevention times the number of prevented cases, which are the prevented share (PrevShare) 

6109 times the number of cases:

Chronic Benefits = ∑ωi∙ PrevCasesi

i

= ∑ωi∙ PrevSharei∙ Casesi

i

6110

6111 where ωi can be WTP for avoided illness i and VSL for avoided fatalities. To perform the break6112 even analysis, the goal is to find the PrevShare that causes Chronic Benefits to be greater than or 

6113 equal to the difference between the cost estimates of the rule and the estimated acute benefits. 

6114 The break-even point is where the benefits of the chronic equal the gap between the estimated 

6115 cost (Cost) and the estimated acute benefits (Acute):

6116

Chronic 6117 BE ≥ Cost − Acute.

6118

6119 The final step, then, is to find the prevented share that makes Chronic Benefits at least equal to 

the difference between the estimated costs and acute benefits, ChronicBE 6120 . A simplifying 

6121 assumption is that PrevSharei is equal for all diseases, which means that the percentage reduction 

6122 in illness is the same. We do that here, with one exception: lung cancer. The primary cause of 

6123 lung cancer is smoking tobacco. Although other environmental exposures combine with tobacco 

6124 smoke to increase the risk of lung cancer, any changes to the WPS are likely to have little effect 

6125 on cancer caused by smoking. For that reason, we assume that the PrevShareLung Cancer is 10% of 

6126 the PrevShare for other diseases. This reduced rate is the lower end of the estimated 10 – 15% 

6127 of lung cancers found in people who have never smoked (Thun et al., 2008).

6128

6129 4.8.3 Data

6130

6131 To perform the break-even analysis described in the previous section, we need information on 

6132 the number of illnesses annually for these diseases and the WTP to avoid suffering the illness. 

6133 The cost of the rule was estimated in Chapter 3 and the quantified acute benefits of the rule were 

6134 estimated in Section 4.5. The number of illnesses is available in the literature or publicly 

6135 available. Estimates of WTP are from the Economic Analysis for the Final Stage 2 Disinfectants 

6136 and Disinfection Byproducts Rule (EPA, 2005) except for the WTP to avoid asthma, the estimate 

6137 for which is taken from the academic literature (O’Conor and Blomquist, 1997). The data used 

6138 in the analysis are summarized in Table 4.8-1.

6139
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6140 Non-Hodgkin’s Lymphoma

6141

6142 The American Cancer Society (2012) estimates there are just over 70,000 new cases annually of 

6143 non-Hodgkin’s lymphoma, a cancer of the lymphatic system. Of these cases, 30% (about 

6144 21,000) result in death (American Cancer Society 2012, based on Howlader et al., 2011). An 

6145 estimate of the WTP for reducing a case of non-fatal lymphoma of $5.5 million was derived in 

6146 the Economic Analysis for the Final Stage 2 Disinfectants and Disinfection Byproducts Rule 

6147 (EPA 2005). The estimate was based on Magat et al. (1996), from which it was determined that 

6148 the median risk-risk trade-off for contracting a curable case of lymphoma was equivalent to a 

6149 58.3 percent reduction in the risk of sudden death. Thus, WTP for non-fatal lymphoma was 

6150 calculated as 58.3 percent of the VSL. Given the current estimate of VSL of $9.5 million, we 

6151 estimate a mean WTP for non-fatal lymphoma of $5.5 million (VSL × 58.3%).

6152

6153 Prostate Cancer

6154

6155 Prostate cancer is a common cancer among American men and the second leading cause of 

6156 cancer deaths behind lung cancer. Based on CDC data from 2003 – 2007 (U.S. Cancer 

6157 Statistics Working Group, 2010), there were about 203,000 cases of prostate cancer per year, 

6158 on average. The number of cases has been trending upward, with about 223,000 cases 

6159 reported in 2007. The American Cancer Society (2012) estimates that there will be 241,740 

6160 cases in 2012. In addition, CDC reports about 29,000 fatalities resulting from prostate cancer 

6161 on average, where fatalities have been declining (U.S. Cancer Statistics Working Group, 

6162 2010). For this analysis, we use the relatively conservative figures of 223,000 non-fatal 

6163 cases and 29,000 fatal cases of prostate cancer. In the Agricultural Health Study, although 

6164 overall cancer incidence (all cancers combined) is lower than the general population, the 

6165 incidence of prostate cancer is consistently higher than the general population (Alavanja et 

6166 al., 2003; Koutros et al., 2010a).

6167

6168 An estimate of WTP to avoid curable prostate cancer is not available in the literature. 

6169 Therefore, we base our estimates on the WTP to avoid lymphoma. Prostate cancer, however, 

6170 is both a more common and less severe cancer than lymphoma, so a lower value for WTP is 

6171 appropriate. We estimate WTP to avoid prostate cancer as a fraction of the WTP for curable 

6172 lymphoma based on the ratio of treatment costs for the two diseases. Wilson et al. (2006) 

6173 estimates the average annual treatment cost for prostate cancer to be $7,740. Based on 

6174 Kutikova et al. (2006), the treatment costs for indolent non-Hodgkin’s lymphoma are just 

6175 under $46,000 per year, so the cost of treatment for prostate cancer is 17% of that for non6176 Hodgkin’s lymphoma. Using that percentage multiplied by the WTP to avoid lymphoma 

6177 yields an estimate of WTP to avoid prostate cancer of $940,000. 

6178

6179 This figure may be an underestimate. It is based on the treatment cost for prostate cancer that 

6180 may be low, in comparison to several new treatment and drug regimes for prostate cancer

6181 that are very expensive. Further, some prostate cancers, particularly those that affect younger 

6182 men, may be more aggressive and require more expensive treatment than those found in 

6183 elderly men.

6184
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6185 Chronic Bronchitis

6186

6187 Chronic bronchitis is one of the forms of chronic obstructive pulmonary disease, in which 

6188 bronchial tubes of the lungs are inflamed, and results in a long-term cough, shortness of breath, 

6189 excessive mucous, fatigue and wheezing, eventually severely restricting mobility and quality of 

6190 life (US National Library of Medicine, 2012). 

6191

6192 Chronic bronchitis is common, with 9.9 million diagnoses a year, but only 639 deaths per 

6193 year (Centers for Disease Control, 2012a). These figures are misleading, because the CDC 

6194 criterion for a diagnosis is that a patient has been identified within the previous 12 months 

6195 with chronic bronchitis by a physician. The 9.9 million diagnoses are more likely to reflect 

6196 the number of patients with the disease, rather than new cases that occur in a given year. We 

6197 have been unable to find good estimates for the incidence of the chronic bronchitis, and using 

6198 the prevalence would be misleading, so for this analysis, we will only include the few 

6199 fatalities. This approach ignores the impact that chronic bronchitis and the resulting reduced 

6200 lung function that can have important impacts on the quality of life. Past EPA economic 

6201 analysis has provided estimates of the WTP to avoid chronic bronchitis. The Economic 

6202 Analysis for the Final Stage 2 Disinfectants and Disinfection Byproducts Rule (EPA 2005) 

6203 did provide estimates of the WTP of $800,000 in 2003 dollars to avoid chronic bronchitis, 

6204 based on Viscusi et al. (1991), but we are only considering reduced deaths caused by 

6205 bronchitis here. 

6206

6207 Parkinson’s Disease

6208

6209 Parkinson’s disease, a progressive neurological disease is diagnosed about 60,000 times annually 

6210 (Parkinson’s Disease Foundation, 2010). Parkinson’s patients have higher mortality rates than 

the general population and the CDC classifies Parkinson’s disease as the 14th 6211 leading cause of 

death in the United States10 6212 , but any death is usually an indirect result of Parkinson’s disease. 

6213 The progressive neurological effects of Parkinson’s, such as swallowing problems which lead to 

6214 undernourishment and higher risk for aspiration pneumonia, can reduce longevity (Parkinson’s 

6215 Disease Foundation, 2011; and University of Maryland Medical Center 2013). Because of these 

6216 complications, we take a conservative approach in this break-even analysis, and ignore the 

6217 fatalities for Parkinson’s disease. Similarly, there was no available estimate of WTP to avoid 

6218 Parkinson’s disease. We use the WTP for chronic bronchitis (above) for the WTP for 

6219 Parkinson’s disease, because in some ways the effects on quality of life are similar: restricted 

6220 mobility, difficulty in everyday tasks and activity, for example. For Parkinson’s disease,the 

6221 WTP is $1,000,000 in 2012 dollars, which is WTP of $800,000 in 2003 dollars to avoid chronic 

6222 bronchitis updated to 2012 dollars. 

6223

6224 There are reasons to think this value is an underestimate. First, chronic bronchitis can be treated, 

6225 and sometimes cured, while Parkinson’s disease is a permanent and progressive disease. Second, 

6226 there are other values we could use for benefits transfer in this case. The WTP for lymphoma 

6227 above was based on a study by Magat et al. (1996), which compared risk-risk tradeoffs for 

 

10 There were 20,058 fatalities attributed to Parkinson’s disease by the Centers for Disease Control in 2007 (Xu et 

al., 2010).
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174

6228 curable disease and death, in that case for lymphoma. That same study also included a non6229 cancer disease, peripheral neuropathy. Peripheral neuropathy is damage to the peripheral 

6230 nervous system that shares some effects with Parkinson’s disease, such as loss of strength, 

6231 reduced mobility, and activity restrictions. Using the method EPA used for estimating WTP for 

6232 avoiding lymphoma, would result in an estimate of WTP to avoid peripheral neuropathy of about 

6233 $3.7 million. To be conservative, we use the smaller value of $1,000,000 here. Moreover, 

6234 possible fatalities of Parkinson’s disease are not included in the analysis.

6235

6236 Lung Cancer

6237

6238 Lung cancer is the leading cause of cancer deaths in the United States, and the third most 

6239 common cancer after prostate and breast cancer (Center for Disease Control, United States 

6240 Cancer Statistics, 2012). In 2012, the CDC expects about 226,000 new cases of lung cancer to 

6241 be reported. Death resulting from lung cancer is very common, with the five year survival rate 

6242 of only 15.9% (National Cancer Institute, 2012). Both the incidence and number of deaths from 

6243 lung cancer have been trending down slightly over time (National Cancer Institute, 2012). 

6244 Recent data suggest an estimate of 190,000 annual cases that will result in a fatality within a few 

6245 years, and 36,000 survivable cases. As mentioned above (Section 4.8.2), we will assume that 

6246 lung cancer preventions happen at 10% of the rate for the other diseases for this analysis, which 

6247 roughly corresponds to the share of lung cancer among non-smokers. This is because changes to 

6248 the WPS are not expected to have large changes on cancers caused by the primary risk factor, 

6249 which is smoking.

6250

6251 There are no estimates of WTP for reducing the number of cases of lung cancer in the peer6252 reviewed literature that are appropriate for this rule. Therefore, we follow the practice in the 

6253 analysis for EPA’s Radon in Drinking Water Health Risk Reduction and Cost Analysis (1999) 

6254 and transfer the WTP to avoid chronic bronchitis as a measure of the WTP to avoid non-fatal 

6255 lung cancer. This will be the same value ($1,000,000) used for Parkinson’s disease, because 

6256 they come from the same source, the WTP to avoid chronic bronchitis from the Economic 

Analysis for the Final Stage 2 Disinfectants and Disinfection Byproducts Rule (EPA 2005)11 6257 .

6258

6259 Asthma

6260

6261 Atopic asthma, in which an external trigger, such as dust or an allergen, causes periodic 

6262 difficulty in breathing and airway blockage (Akinbami et al., 2012) , is another common 

6263 respiratory ailment that has been associated with pesticide exposure (Hoppin et al., 2008)). 

6264 Asthma is very common, with 24.6 million people diagnosed by 2009 (Centers for Disease 

 

11 Cameron, DeShazo and Johnson (2009) provides estimates for reducing risks of lung cancer, both immediately 

fatal (called “sudden death” in the paper) and with a 10 year latency period for 3 different age groups. WTP for 

sudden death from lung cancer ranges from $220,000 to $950,000 and for the latent disease the estimates range from 

$40,000 to $2.36 million. This study is not yet published and therefore the results are used here for illustrative 

purposes only. Hammitt and Liu (2004) provide estimates for WTP to reduce lung cancer risk in a Taiwanese 

population. Estimates are $1.5 to $1.6 million for latent illness and $2.1 to $2.2 million for acute. Because the 

estimates are for a non-US population they are also used here for illustrative purposes only. Finally, Itaoka, et al. 

(2007) provide estimates for reducing lung cancer in a Japanese population. Again, this is a working paper and 

therefore illustrative only. 
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175

6265 Control, 2012b). That figure reflects people who have been diagnosed over several years, and 

6266 asthma incidents do not necessarily occur every year, even though it is a chronic disease. CDC 

6267 estimates that number of asthma cases grew by 4.3 million from 2001 through 2009 (Centers for 

6268 Disease Control, 2011). Using that number, this analysis will assume new cases of asthma are 

6269 480,000 annually, which is the rounded number of new cases from 2001 – 2009 divided by nine 

6270 years. Asthma attacks can also be fatal – in 2009, there were 3,388 deaths caused by asthma 

6271 (Centers for Disease Control, 2012c). We will round that figure to 3,400 cases per year for this 

6272 analysis. 

6273

6274 The WTP for avoiding asthma is based on O’Conor and Blomquist (1997). Using a 3% discount 

6275 rate to transform their annual estimate for WTP of $3,100 (updated to 2012 dollars) to a 

6276 perpetuity to represent preventing development of asthma over a lifetime yields a WTP to 

prevent asthma of about $105,000 per case12 6277 .

6278

6279 Table 4.8-1. Information for Calculating Break-Even Number of Cases Avoided

Disease

WTP to Avoid 

Disease, ωi

($1000)

Annual Cases from 

All Causes

Curable Non-Hodgkin’s Lymphoma 5,500 49,000

Fatal NHL 9,500 21,000

Curable Prostate Cancer 940 223,000

Fatal Prostate Cancer 9,500 29,000

Parkinson’s Disease 1,000 60,000

Curable Lung Cancer 1,000 36,000

Fatal Lung Cancer 9,500 190,000

Fatal Bronchitis 9,500 640

Asthma 105 480,000

Fatal Asthma 9,500 3,400

Source: EPA, 2005; American Cancer Society (2012); U.S. Cancer Statistics Working Group (2010); 

Parkinson’s Disease Foundation (2010); National Cancer Institute (2012); Centers for Disease Control, 

(2012a, 2012c); O’Conor and Blumquist (1997); EPA calculations

6280

6281 4.8.4 Break-Even Estimation

6282

6283 In Chapter 3, the costs of changes to the WPS were estimated to range from $41.5 to $81.0 

6284 million, with a primary estimate of $60.2 to $66.9 million. To find the break-even point, we 

6285 need to find the reduction in illness that closes the gap between the estimated costs and the 

6286 quantified acute benefits. For this analysis, we will report a reduction in illness that generates 

6287 benefits of at least the difference between the high-end value of the primary cost estimate ($66.9

6288 million) and estimated acute benefits of $2.6 million, for a difference between estimated costs 

6289 and quantified benefits of $64.3 million.

6290

 

12 Other sources for WTP for asthma are available. Blomquist, Dickie, and O’Conor (2011) provide more recent 

estimates of between $1,700 and $4,000 for WTP, although that study focuses on age effects on WTP. 
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176

6291 Reducing the national rate of these selected illnesses by 0.005% (and the rate of lung cancer by 

6292 0.0005%) would be more than enough to provide benefits from reduced chronic illness that close 

6293 the high estimate of the gap between costs and quantified benefits. This reduction in illness 

6294 would have an estimated benefit of $64.4 million dollars annually. The break-even target would 

6295 obviously change based on assumptions about under-reporting of acute pesticide incidents, 

6296 because that changes the estimate of acute benefits. If we were to assume that there was no 

6297 underreporting, then the acute benefits estimate would be about $260,000 (See Table 4.5 –11). 

6298 In that case, a slightly larger reduction of 0.0052% (0.00052% for lung cancer) would suffice, 

6299 since the estimated $66.9 million in benefits is equal to the high-end primary cost estimate. 

6300

6301 Reducing the rate of illnesses through pesticide exposure reduction by 0.005% would reduce the 

6302 number of non-Hodgkin’s lymphoma cases by an average of 2.5 non-fatal and 1.1 fatal cases per 

6303 year; the number of prostate cancer cases by an average of 11.2 non-fatal and 1.5 fatal cases per 

6304 year; the number of Parkinson’s cases by 3.0 per year; reduce the number of fatal bronchitis 

6305 cases by 0.03 per year, and the number of cases of asthma by 24.0 cases, and fatal asthma cases 

6306 by 0.20 per year. Reducing the number of lung cancer cases by 10% of the reduction in other 

6307 diseases, or 0.0005%, reduces the number of lung cancer cases by an average of 0.18 non-fatal 

6308 cases and 0.95 fatal cases per year.

6309

6310 Of course, those percentage reductions are based on the number of chronic illness cases 

6311 nationally, and the WPS changes will primarily effect a much smaller population, farmworkers 

6312 and handlers. Although the number of cases reduced to generate break-even chronic benefits 

6313 will not change, they will represent a higher percentage of illness among this smaller population, 

6314 which we describe below. 

6315

6316 It is reasonable to think that incidence rates of these diseases may be higher for the agricultural 

6317 community than the general public, because of the associations between pesticide exposure and 

6318 disease described above and in Section 4.5. However, we do not make that assumption in this 

6319 analysis for simplicity and to ensure that this analysis does not overestimate benefits. Instead, 

6320 we assume that workers and handler face illness equal to their share of the population. The share 

6321 is about 0.65%, based on the 1,995,000 farmworkers and a U.S. population of 308,700,000 (US 

6322 Census Bureau, 2013). Even so, the reduction in cases among farmworkers required to reach the 

6323 break-even point is small in comparison to the number of expected cases. A reduction in these 

6324 illnesses of just under 0.78% (0.078% for lung cancer), will generate $64.9 million in benefits, 

6325 more than required to reach the break-even point. Across all diseases, the reduction is about 45

6326 cases annually out of over 7,000 cases that might occur. Table 4.8-2 shows the calculations for 

6327 farmworker cases. The “Annual Cases – Farmworkers” is 0.65% of the annual cases for the 

6328 United States, and the “‘Break-Even’ Avoided Cases” is the number of cases that would have to 

6329 be prevented as a result of changes to the WPS needed reach the breakeven point. In dollar 

6330 terms the $64.9 million per year to break even represents an annual WTP per farmworker of 

6331 about $32.

6332
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177

6333 Table 4.8-2: Illness Avoided among Farmworkers for “Break-Even” Analysis

Disease

Annual 

Cases

Incidence

(per 100,000) 1

Annual Cases –

Farmworkers2

“Break-Even” 

Avoided Cases

Curable Non-Hodgkin’s 

Lymphoma 49,000 15.9 317 2.47

Fatal NHL 21,000 6.8 136 1.06

Curable Prostate Cancer 223,000 144.5 1,441 11.24

Fatal Prostate Cancer 29,000 9.4 187 1.46

Parkinson’s Disease 60,000 19.4 388 3.02

Curable Lung Cancer 36,000 11.7 233 0.183

Fatal Lung Cancer 190,000 61.5 1,228 0.963

Fatal Bronchitis 640 0.2 4 0.03

Asthma 480,000 155.5 3,102 24.20

Fatal Asthma 3,400 1.1 22 0.17

Source: EPA calculations.

1 Calculated as the number of annual cases divided by the U.S. population of 308,700,000 (US Census Bureau, 

2013).

2 Based on incidence rates for farmworkers being equal to the nation as a whole. The actual incidence rates may 

be higher; see the text. 

3 Rate of Reduction for lung cancer is only 10% of the reduction rate for other illnesses; in this case a reduction 

of 0.078% for lung cancer and 0.78% for the other diseases

6334

6335 The next, essential step is to consider whether the number of cases required for the break-even 

6336 analysis is a plausible outcome of the WPS revisions. As discussed above Table 4.8-2, the 

6337 number of cases needed to reach the break-even point is small relative to the number of cases we 

6338 estimate in the farmworker population, even when we assume that their rate of disease is equal to 

6339 the population at large. As discussed in Section 4.6, credible, peer-reviewed studies show 

6340 statistical associations between the diseases discussed here and pesticide exposure, so workers 

6341 and handlers exposed to pesticides appear to be more likely to develop these diseases than the 

6342 general public. The next few paragraphs show that reducing rates of disease slightly will reach 

6343 the break-even point, even if rates for farmworkers are not reduced to the level of the general 

6344 population. For this task, we will be using estimates of incidence rates of the three diseases, 

6345 based on the AHS. The AHS cohort consists of certified pesticide applicators and their spouses. 

6346 This cohort is healthier, better educated and wealthier than the farmworker population in general. 

6347 Although farmworkers and the certified applicators in the AHS study both face occupational 

6348 exposure to pesticides, the exposure pattern can be quite different: farmworkers may be more 

6349 likely to be exposed in the field while engaged in activities other than applying pesticides. 

6350 Pesticide handlers in the farmworker community do, however, share similar exposure potential to 

6351 certified applicators on farms. Farmworkers may also be less aware of when they may be 

6352 exposed than are applicators and less knowledgeable about how to protect themselves against 

6353 pesticide exposure than applicators who have gone through the certification process. Because of 

6354 these differences in occupational exposure, it is unknown whether farmworker exposure is higher 

6355 or lower than the AHS cohort. Using AHS results for estimating farmworker incidence rates 

6356 implies that results are subject to considerable uncertainty, but there is no clear bias in these 

6357 estimates.

6358
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178

6359 For prostate cancer, Alavanja et al. (2003) reported a point estimate for the standardized 

incidence ratio of 1.14 for the AHS cohort with a confidence interval of 1.05 to 1.2413 6360 . Using the 

6361 1.14 point estimate means the AHS cohort was 1.14 times more likely than the general 

6362 population to develop prostate cancer, even though the overall rate of cancer is lower among the 

6363 AHS population. 

6364

6365 If we apply the 1.14 incidence ratio to farmworkers, that suggests farmworkers are 14% more 

6366 likely to develop prostate cancer than the population in general. We estimated the incidence 

6367 rates shown in Table 4.8-2 by dividing the number of cases per year by the U.S. population; for 

6368 prostate cancer these were 223,000 cases a year that are treatable, and 29,000 that result in death. 

6369 Because only males get prostate cancer, the incidence rate among males is twice as high, with 

6370 223,000 cases is about 144.5 per 100,000. If the incidence rate were 14% higher for 

6371 farmworkers, it would be about 164.7 cases per 100,000. At the higher rate, we should expect 

6372 about 1,643 cases annually in the farmworker population, even if we assume that only half of 

6373 farmworkers are men, which is an underestimate. 

6374

6375 The break-even number of cases of non-fatal prostate cancer eliminated with a 0.78% reduction 

6376 among farmworkers is 11.24 annually. To reach this level, the WPS changes would need to 

6377 reduce the risk only slightly. To reach the reduction of 11.24 cases annually would require a 

6378 reduction in the incidence rate from 164.70 to 163.58, still well above the general population 

6379 level.

6380

6381 A similar exercise can be done for fatal prostate cancers. The incidence rate for the general 

6382 population of men is about 18.8 per 100,000. If farmworkers have a rate 14% higher, their rate 

6383 would be about 21.4 per 100,000, resulting in about 214 cases per year. The break-even number 

6384 of cases is about 1.46 annually. To reach the high-end reduction the incidence rate among 

6385 farmworkers would fall from 21.4 to 21.3 per 100,000. This result is consistent across the 

6386 diseases considered here: all of the reductions in incidence rates among farmworkers are small, 

6387 and with the exception of lung cancer and possibly chronic bronchitis, the reduced incidence 

6388 rates remain higher than the general population. For NHL, Koutros et al. (2010a) report a 

6389 standardized incidence rate ratio of 1.17 among the AHS cohort for private applicators. We 

6390 estimate the incidence rate for treatable NHL to be about 15.9 per 100,000, using the same 

6391 procedure as for prostate cancer. If the incidence among farmworkers was 17% higher, it would 

6392 be about 18.57 per 100,000. To reach the reduction of 2.47 cases annually would change the 

6393 incidence ratio from about 18.57 to 18.45 per 100,000. For fatal NHL, the reduction in cases 

6394 among farmworkers would reduce the estimated incidence rate from 7.96 to 7.91 per 100,000, 

6395 still well above the rate we estimate for the general population of 6.8 per 100,000. For 

6396 Parkinson’s disease, van der Mark et al. (2011) report an incidence ratio of 1.62 among the AHS 

6397 cohort between those ever exposed to pesticides and those never exposed to pesticides. That 

6398 corresponds to an incidence rate of about 31.5 per 100,000 for farmworkers, compared to 19.4

6399 among the general population. Reducing the number of cases to get to the break-even point 

6400 among farmworkers would reduce the incidence rate to about 31.3 per 100,000. Among farm 

6401 women in the AHS, Hoppin et al. (2008) reported an incidence rate ratio for asthma to 1.46 for 

6402 those with any pesticide exposure relative to those without. That yields an estimated incidence 

 

13 Slightly higher incidence ratios have been found in more recent studies (Koutros, et al., 2010a), but we use the 

more conservative figures from Alavanja et al. here.
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179

6403 rate for farmworkers of about 227 per 100,000 for new asthma cases, compared to about 155 per 

6404 100,000 for the general population. For fatal asthma, the estimated incidence rate would be 

6405 about 1.6 per 100,000 for farmworkers, compared to about 1.1 per 100,000 for the general 

6406 population. Reducing cases to the break-even point among farmworkers would reduce the 

6407 estimated incidence rate for asthma from 227.0 to about 225.8 per 100,000, while the fatal 

6408 asthma incidence rate would remain within rounding error of 1.6 per 100,000. As with the other 

6409 diseases described above, even after reductions in cases among farmworkers to reach the break6410 even point, the rate of these diseases among farmworkers is likely to remain well above that for 

6411 the general population.

6412

6413 As mentioned above, there may be two exceptions for which the farmworker incidence rates are 

6414 higher than the general population, even after reduction to the break-even point. The two 

6415 exceptions are for chronic bronchitis and lung cancer. For chronic bronchitis, it is difficult to 

6416 determine the correct rate among non-smokers. Valcin et al., (2007) analyzes chronic bronchitis 

6417 among non-smoking farm women in the AHS, and reports a prevalence at 60% higher in 

6418 association with six specific pesticides, and 58% higher with exposure to 3 or more pesticides, 

6419 but does not compare them to a non-agricultural cohort. Hoppin et al. (2007) reports an odds 

6420 ratio for chronic bronchitis of 1.83 for AHS participants who have ever faced a high pesticide 

6421 exposure event and elevated odds ratios for specific chemicals, but those may not reflect the low6422 level chronic exposure relevant for the break-even analysis. However, if we assume the 

6423 farmworker rate is even 1.5% higher than the general population we see the same pattern: the 

6424 number of cases among farmworkers can be reduced to the breakeven point, yet the incidence 

6425 rate is the above the general population. Lung cancer does not fit the pattern of the other 

6426 diseases here, because lung cancer rates are so low among the AHS cohort, less than half the rate 

6427 of the general population (Alavanja et al., 2004). The AHS cohort is less likely to smoke and are

6428 generally healthier than the general population, although this may not hold true for farmworkers. 

6429 If we reduce the number of cases among farmworkers by 0.078% (only 10% of the reduction for 

6430 other diseases), the change in the estimated incidence rates for lung cancer are small, from 5.13 

6431 to 5.12 cases per 100,000 for curable lung cancer, and from 27.08 to 27.03 per 100,000 for fatal 

6432 lung cancer. 

6433

6434 In sum, the reductions in chronic illness required to close the gap between costs and quantified 

6435 acute benefits from the rule are small. The reduction in cases relative to the farmworker

6436 population is plausible and it represents only a small change in the risk to farmworkers. 

6437

6438 There are obviously many uncertainties, which is why the break-even analysis is necessary. 

6439 Relative to level of disease we might expect to see in the farmworker population, the break-even 

6440 point where the benefits of the rule equal the costs can be reached by preventing relatively few 

6441 cases. One possible concern is that it is unclear when the prevented deaths would have occurred. 

6442 These diseases discussed here are chronic conditions that may have long latency periods of 5-15 

6443 years, i.e., a substantial amount of time between exposure and diagnosis and eventual death. 

6444 Using the estimates for farmworkers, discounting the VSL for 15 years at a 3% discount rate 

6445 means the break even reduction would have to rise from 0.78% to 0.96%. At a 7% discount rate, 

6446 the reduction to reach the break-even point would reach 1.18%.

6447
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6448 4.8.5 Break-Even Conclusions

6449

6450 The break-even analysis does show that preventing only a very small number of chronic illnesses 

6451 can have very substantial benefits. Based upon the best available information, this analysis 

6452 demonstrates that a plausible reduction of about 44 pesticide-related chronic illnesses per year 

6453 across the entire WPS occupational population of two million workers and handlers is all that is 

6454 required to ensure benefits outweigh the costs of the WPS.

6455

6456

6457

6458

6459

6460

6461
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181

6462 Chapter 5. Paperwork Burden

6463

6464 Associated with changes in the WPS requirements, the affected entities are subject to paperwork 

6465 burden. The Paperwork Reduction Act requires federal agencies to estimate the burden of 

6466 complying with regulations that require firms or individuals to file reports, maintain records, or 

6467 otherwise incur a paperwork burden. Agencies are likewise required to estimate their resources 

6468 expended. Because of the substantial changes in WPS requirements, EPA developed a new 

6469 Information Collection Request (ICR) entitled, “Agricultural Worker Protection Standard 

6470 Training and Notification (Final Rule)” (EPA ICR no. 2491.02; OMB Control No. 2070-0190),

6471 in conjunction with this action, using the same parameters and data as utilized in this Economic 

6472 Analysis. See Appendix B.

6473

6474 The total estimated annual respondent burden for this ICR renewal for respondents is 10,448,160

6475 hours. This is an increase of 8,620,667 from the 1,827,493 total burden hours in the ICR 

6476 approved by OMB under OMB Control No. 2070-0148. The increase in burden is due to both 

6477 program changes and adjustments made in assumptions and data used to calculate the time and 

6478 frequency of required information exchange. The program changes include modifications to 

6479 restrictions in field entry activities during restricted entry intervals; increased hazard 

6480 communications; increased training (for both workers and handlers); provisions for information 

6481 during emergency assistance; and recordkeeping requirements for respirator and training 

6482 requirements. Adjustments from the previous ICR are also made where appropriate, due to 

6483 better information available on the number of respondents and updated wage rates and to more 

6484 fully account for activities required under the WPS.

6485

6486 The estimated burden represents the total to comply with the full WPS, including all final

6487 revisions and those that are unchanged by this rule. This differs from the estimated incremental 

6488 cost of the final rule, estimated in the Economic Analysis, which only considers the net cost of 

6489 the revisions. 

6490

6491 Respondent records are not required to be submitted to the Agency. They are to be retained on 

6492 the establishment and accessible for inspection.

6493

6494 There is no change in the level of the Agency’s burden because neither the existing nor final rule 

6495 imposes any requirements on the Agency. 

6496

6497

6498
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Accounting Statement

Rule Title: Agricultural Worker Protection Standard Revisions

Category Primary Estimate Minimum Estimate Maximum Estimate Source

BENEFITS

Monetized Benefits

 Monetized Benefits from 

Avoided acute pesticide 

incidents

$527,000 – 2.5 million 

annually $53,000 annually $4.9 million annually EA Chapter 4.5

 Qualitative Benefits

 Willingness to pay to avoid acute effects of pesticide exposure beyond cost 

of treatment and loss of productivity.

 Reduced latent effect of avoided acute pesticide exposure.

 Reduced chronic effects from lower chronic pesticide exposure to workers, 

handlers, and farmworker families.

EA Chapter 4.4, 4.5, 

4.7

 Break-even analysis of 

the reduced effects of 

chronic pesticide 

exposure

 Annual chronic benefits necessary to break-even $63.8 million.

 Annual risk reduction needed to achieve break-even point: less than 0.92%

among farmworkers.

 Annual break-even WTP per farmworker: less than $32.

EA Chapter 4.8

COSTS

Monetized Costs

 $528 to $587 million 

over 10 years at 3% 

discount rate

 $60.2 to $66.9

million/year

$41.5 to $47.0

million/year

$72.6 to $81.0

million/year EA Chapter 3.3

Quantified Costs

Qualitative Costs

TRANSFERS none
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183

Category Effects Source

State, local, and/or tribal 

governments

None. State and tribal governments responsible for enforcement but 

revisions will not change level of effort although it may change how 

resources are spent.

Small business

No significant impact on a substantial number of small entities.

 The rule will affect approximately 295,000 small farms, nurseries, and 

greenhouses and several hundred small commercial entities that are 

contracted to apply pesticides.

 Impact less than 0.1% of the annual value of sales or revenues for the 

average small entity.

EA Chapter 3.5

Impact on Jobs

The rule will have a negligible effect on jobs and employment.

 The marginal cost of a typical farmworker is expected to increase 

$5/year.

 The marginal cost for a more skilled pesticide handler is expected to 

increase by $50, but this is about 0.2 percent of the cost of a part-time 

employee.

EA Chapter 3.4
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