*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

RIN2070-AJ22_EO12866_AgWPS_NPRM_ICR_2013-08-23.docx



## Draft document as submitted fo r review under EO 12866.

SUPPORTING STATEMENT 1 FOR AN INFORMATION COLLECTION REQUEST (ICR) 2
3 1. IDENTIFICATION OF THE INFORMATION COLLECTION 4
5 1(a). Title of the Information Collection 6
7 Protection of Agricultural Workers and Pesticide Handlers 8 OMB No.: 2070-[new]; EPA No.: 2491.01 9
10 1(b). Short Characterization/Abstract 11
12 This Information Collection Request (ICR) estimates the third-party response burden of 13 paperwork activities under the proposed “Requirements for Protection of Agricultural Workers and 14 Pesticide Handlers” at 40 Code of Federal Regulations (CFR) Part 170, assuming that proposed 15 amendments become final. This is a replacement ICR for the currently approved ICR “Worker 16 Protection Standard Training and Notification” covering the information collection requirements 17 contained in the “Worker Protection Standard” (WPS), the current 40 CFR Part 170. 18
19 The existing regulation already has provisions for training and notification of pesticide related 20 information for workers who enter the fields after pesticide application to perform crop-related tasks, as 21 well as for handlers who mix, load, and apply pesticides. 22
23 The proposed changes to the regulation are intended to improve protections and include 24 revisions to many current provisions as well as the addition of new requirements. Requirements 25 subject to the Paperwork Reduction Act, if the proposed rule becomes final, would include expanded 26 and more frequent training for workers and handlers, improved posting of pesticide-treated areas, 27 additional information before entering a pesticide treated area under an Restricted Entry Interval (REI), 28 access to more general and application-specific information about chemical hazards in the workplace 29 and recordkeeping of training and notification activities to improve enforceability and compliance. 30
31 Agricultural employers and commercial pesticide handling establishments (CPHEs) are 32 responsible for providing required training, notificat ions and information to their employees to ensure 33 worker safety. No information is collected by the Agency under this ICR. It is estimated that the total 34 annual response burden is 8,355,847 hours valued at $198,501,788. 35
36
37 2. NEED FOR AND USE OF THE COLLECTION 38
39 2(a). Need/Authority for the Collection 40
41 The U.S. Environmental Protection Agency (EPA, or the Agency) is responsible for the 42 regulation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This 43 responsibility includes promoting worker protection and safety from exposure to pesticides. Current 44 regulations at 40 CFR Part 170, last revised in 1992, establish requirements to protect agricultural 45 workers and pesticide handlers from the hazards of pesticides used in the production of agricultural 46 plants on agricultural establishments. 47
48*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 2 of 42 In accordance with FIFRA Section 25, on [Insert date of NPRM publication], EPA issued 49 proposed revisions to 40 CFR 170, to improve these protections. 50
51 Some of the agricultural workforce is o ccupationally exposed to pesticides and pesticide 52 residues and that exposure can pose significant long and short term health risks. Workers and 53 handlers are potentially exposed to a wide range of pesticides with different toxicities and risks. There 54 is strong general evidence that such risks can occu r and that they can be substantially reduced; the 55 activities subject to this ICR are designed to help reduce these risks by reducing exposure. Overall, the 56 weight of evidence suggests that these paperwork activities, including the revisions in the proposed 57 rule, will result in significant health benefits to the nation’s agricultural workers and pesticide handlers. 58
59 All of the paperwork activities under this ICR are provided to or for workers and handlers, and 60 are not reported to EPA. Without the required training, affected employees may be unaware of the 61 risks of pesticide exposure or how to protect themselves . Without the notifications and information they 62 would not know, among other things, where specific pesticides have been applied or when it is safe to 63 enter a treated area, nor would they have pesticide- specific information available for health care 64 personnel after an acute exposure incident. The agricultural worker protection regulations are enforced 65 by state agencies. The EPA has received feedback from our state regulatory partners indicating 66 difficulty enforcing some requirements, due primarily to a lack of records. Proposed recordkeeping is 67 designed to improve enforcement capability as a means of fostering compliance, thereby improving 68 protections. 69
70
71 2(b). Practical Utility/Uses of the Data 72
73 The ICR activities included in the regulation support the regulation’s intent to protect workers, 74 handlers and other persons from occupational exposure to pesticides used on an agricultural 75 establishment. The pesticide safety and application inform ation, safety instructions, pesticide safety 76 training, and entry restriction notifications require d by the regulation are workplace practices designed 77 to reduce or eliminate exposure to pesticides. 78
79 The requirements, such as instructions on safe operations and repair of equipment and 80 notification regarding use of specific pesticides pr ovide agricultural workers and pesticide handlers with 81 basic information so they are more informed and better able to protect themselves. The regulation 82 establishes procedures for responding to exposure-related emergencies and providing medical 83 personnel with basic information to take responsive measures as appropriate. 84
85 Training and notification are targeted at agricultural workers who perform tasks related to the 86 cultivation and harvesting of plants in areas treated with pesticides, and pesticide handlers who mix, 87 load, and apply pesticides for use in these areas. The notification and training requirements are 88 necessary to provide agricultural workers and pest icide handlers with the information they need to 89 protect themselves from pesticide poisoning and ot her pesticide-related injuries. Recordkeeping of 90 training and notification greatly enhances the enforceability of these requirements. 91
92
93 3. NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 94
95 3(a). Non-duplication 96
97 This ICR covers the only notification activities of its kind, and notifications required in this 98 program occur only once per event. Consequently, duplic ation is avoided. The regulation provides for 99 an exemption from the requirements of training for certified applicators of restricted-use pesticides 100 (RUPs) trained under the Certification and Training Program found in 40 CFR Part 171. Therefore, no 101*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 3 of 42 duplication of training is imposed. Additionally, t he worker and handler pesticide training recordkeeping 102 was intentionally developed to avoid duplication of training. 103
104 3(b) Public Notice Required Prior to ICR Submission to OMB 105
106 The proposed rulemaking serves as the public notice for this ICR. Interested parties should 107 submit comments referencing Docket ID No. EP A-HQ-OPP-2011-0184 to the address listed at the end 108 of this document. Responses will be taken into account in developing the final rulemaking. 109
110 3(c). Consultations 111
112 From 1996 to 2000, EPA held public meetings across the country for open dialogue on rule 113 implementation, challenges in compliance, and per ceived effectiveness. The meetings were open to the 114 general public. 115
116 The agency initiated the National Assessment of the Worker Protection Standard in 2000. 117 Through this process, the EPA convened stakeholder meet ings in Texas, California, and Florida as well 118 as other states. Participants included represent atives from farmworker organizations, cooperative 119 extension services, commodity organizations, stat e regulatory agencies, federal agencies, pesticide 120 manufacturers and distributors, and individual farmworkers and growers. Stakeholders provided 121 information about the strengths and weaknesses of the rule’s protections and implementation. The EPA 122 established three workgroups: General training, train-the-trainer, and hazard communication. Each of 123 the workgroups met apart from the public meetings to assess specific aspects of the WPS and to 124 recommend improvements. 125
126 The assessment concluded with a meeting in Washington D.C. at which the Report on the 127 National Assessment of EPA’s Pesticide Worker Safety Program was presented. The various individual 128 opinions and suggestions made during the course of the assessment cent ered on broad improvement 129 areas: Promotion of safer work practices, improv ed training of and communication with all pesticide 130 workers, increased enforcement efforts and improved training of inspectors, training of health care 131 providers and monitoring of pesticide incidents, and finally, program operation, efficiency and funding. 132 While some of the recommendations have been addressed through grants, program guidance, and 133 outreach, others required regulatory changes. 134
135 During the initial stages of the framing of this proposal, the Federal Advisory Committee for the 136 EPA pesticide program, the Pesticide Program Di alogue Committee, formed a workgroup to provide 137 feedback to the EPA on areas proposed for change. The workgroup had over 70 members representing 138 a wide range of stakeholders. The EPA shared with the workgroup suggestions for regulatory change 139 identified through the National Assessment of the Worker Protection Program and solicited comments. 140 The workgroup never reached consensus; they focus ed on evaluating areas for change that the EPA 141 was considering and providing feedback from the perspective of each member. 142
143 3(d). Effects of Less Frequent Collection 144
145 Training and notifications in this program are required only once per event, as specified in 40 146 CFR 170. Consequently, the possibility for less frequent training and notification does not exist under 147 current regulations or proposed amendments. Less frequent training and notification would increase 148 risk to agricultural workers and handlers. 149
150 3(e). General Guidelines 151
152 This information collection adheres to OMB’s guidelines at 5 CFR 1320.5(d), except section 153 1320.5(d)(2)(iv). Section 1320.5(d)(2)(iv) states that the retention of records of should not be for more 154*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 4 of 42 than three years. The regulation proposes retention of records to be two years. 155 156 EPA has concluded that the proposed option to retain records of training for two years will 157 address the difficulties in effectively enforcing the rule. The recordkeeping period of two years would 158 ensure that state and federal agencies, workers, handlers, and health care workers have access to the 159 information when necessary to investigate a health-related pesticide incident or potentially unlawful 160 pesticide application. 161
162 3(f). Confidentiality 163
164 The Agency is not collecting information under this ICR; the collection focuses on recordkeeping 165 and third-party training and notification requirements. Fur ther, this activity complies with the provisions 166 of the Privacy Act of 1974 and OMB circular A-108. 167
168
169 4. THE RESPONDENTS AND THE INFORMATION REQUESTED 170
171 4(a). Respondents/NAICS Codes 172
173 Respondents affected by the collection activities under this ICR are agricultural employers of 174 agricultural establishments, including employers in farms as well as in nursery, forestry, and 175 greenhouse establishments. The rule does not cover persons working in livestock. 176
177 

### The North American Industrial Classification System (NAICS) codes have been provided in the 178 following table to help identify potentially affected categories and entities. This listing is not, however, 179 intended to be exhaustive. 180
181
NAICS Code Examples of Potentially Affected Entities

111 - Crop production Agricultural employers – farms and greenhouses

113 - Forestr y

and lo gg in g Ag ricultural em p lo y ers

– forests
115 - Support activities for agriculture and forestry Commercial employers
182 4(b). Information Requested 183
184 The regulation contains paperwork related requirements for information exchanges and 185 notifications, employee trainings, and recordkeepi ng. The overall estimated potential economic impact 186 of the proposed changes to the regulation is presented in the document entitled “Economic Analysis of 187 Proposed Revisions to the Worker Protection Standard” (Economic Analysis), which is available as a 188 part of the public version of the official record for the amendment. This ICR describes the information 189 collection activities contained in the proposed regulation, along with the estimated burden and costs 190 related to those information collection requirements. 191
192 The proposed regulation requires employers to colle ct, disseminate, and maintain information 193 relating to employee notifications and training, and application of pesticides on agricultural 194 establishments. The information exchanged and the records maintained as a result of this information 195 collection provides workers and handlers with the information necessary to protect themselves against 196 the potential exposure to pesticides. 197
198 (i). Data items, including recordkeeping requirements 199
200 This section describes the categories of recordkeeping and notification requirements under 40 201 CFR Part 170, assuming that proposed amendments will become final. 202*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 5 of 42 203 (1). Basic Pesticide Safety Information (§170.11(a)) 204
205 The agricultural employer is required to display pesticide safety information on the agricultural 206 establishment. The content of the display includes general safety information to protect against 207 exposure to pesticides and the contact information of appropriate emergency medical care facility and 208 pesticide enforcement agency. The pesticide information must be displayed at a place on the 209 establishment where workers and handlers are likely to pass by or congregate and can be readily seen 210 and read. The information must also be displayed anywhere decontamination supplies must be 211 provided. 212
213 In the existing WPS, the pesticide safety information is a poster displayed in one location 214 centrally located. The proposed amendment adds pes ticide safety information to be displayed 215 wherever decontamination supplies are requir ed, and expands the amount of information to be 216 displayed. 217
218 (2). Pesticide Hazard and Application-specific information (§170.11(b)) 219
220 For each pesticide application, agricultural em ployers must record application information and 221 maintain a copy of the product label and SDS information, store the information and make available 222 upon request. The requirement to post application-specif ic information in a central location near the 223 pesticide safety poster has been eliminated; record keeping has been expanded in content and in 224 length of the time period stored. 225
226 The application record must include the name, EPA registration number, and active ingredients 227 of the product applied; the crop or site treated and the location and description of the treated area; the 228 dates and times the application started and ended; and the end date and duration of the REI. 229
230 Application-specific information records are to be kept for a period of 2 years. The agricultural 231 employer must make the information available to any worker, handler or their authorized 232 representatives upon request during normal work hours. 233
234 (3). Notification to Workers of Restricted Entry Areas (§107.109) 235
236 The agricultural employer must notify workers of all entry restrictions associated with pesticide 237 applications. Entry restrictions apply in outdoor production and enclosed space production. The 238 regulation (Sections 170.105 and 170.107) defines the entry-restricted areas. 239
240 Notifications are either oral or by the posting of warning signs, and in certain applications, both 241 oral and posting are required (i.e., double notification). 242
243 For outdoor production, posting of warning signs is required for pesticides that have an REI 244 greater than 48 hours. If the REI is equal to or less than 48 hours, notification may be given orally or by 245 posting of warning signs. The signs must be visible from all reasonably expected points of worker entry 246 to the treated area, including each access road and each border with any worker housing within 100 247 feet of the treated area, each footpath or other walking route that enters the treated area. If there are 248 no expected worker entry points, then signs should be posted in the corners of the treated area or 249 where there is maximum visibility. 250
251 For enclosed space production (such as greenhouses), posting of warning signs is required if 252 the pesticide applied has an REI greater than 4 hours. If the REI is equal to or less than 4 hours, 253 notification may be given orally or by posting of warning signs. The signs must be visible from all 254 reasonably expected points of worker entry to the treated area, including each aisle or walking route 255*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 6 of 42 that enters the treated area. If there are no expected worker entry points, then signs should be posted 256 in the corners of the treated area or where there is maximum visibility. 257
258 Double notification is required if the pesticide product labeling has a statement requiring both 259 the posting and oral notification. 260
261 The signs must be posted prior to application (but no more than 24 hours prior to scheduled 262 application) and must stay up throughout the REI, but come down within 3 days. If there are no 263 workers present, then no notifications are needed. 264
265 Oral warnings must include the location and description of the entry-restricted area and the 266 treated area, the dates and times when entry is restricted, and instructions to not enter the entry267 restricted area during application nor the treated area until the REI has expired 268
269 (4). Establishment-Specific Information (§170.103 & §170.203(b)) 270
271 The agricultural employer must ensure that workers and handlers have been informed of 272 establishment-specific information before any wo rker or handler performs any task on an agricultural 273 establishment where within the last 30 days a WPS pesticide has been used or an REI for such a 274 pesticide has been in effect. The employer must provi de the information orally, in a manner the worker 275 or handler can understand. 276
277 The establishment-specific information includes the locations of the pesticide safety information 278 (as described above 4(b)(i)(1)), pesticide applicat ion and hazard information, and decontamination 279 supplies. 280
281 (5). Information Exchange between Agricultural Employer and Commercial 282 Pesticide Handler Employer (§170.9(k), §170.13(h), §170.13(i)-(j)) 283
284 Agricultural employer informs CPHE employer of entry restricted area locations (§170.9(k)) 285
286 If any handler employed by a CPHE will be wo rking on an agricultural establishment, the 287 agricultural employer must provide the CPHE empl oyer information about the restrictions on entering 288 areas, including the specific location and description of any entry restricted areas, or treated areas 289 where an REI is in effect. 290
291 CPHE employer informs handler of entry-restrictions on agricultural establishment (§170.13(h)) 292
293 The Commercial Pesticide Handling Establishment (CPHE) employer must ensure that any 294 handler employed by the CPHE working on an agricult ural establishment is provided information about 295 the restrictions on entering areas, including the specific location and description of any entry restricted 296 areas, or treated areas where an REI is in effect. 297 298 CPHE employer informs agricultural employer prior to application (§170.13(i)) 299
300 The CPHE employer must provide the agricultural employer application information prior to making 301 any pesticide application of the agricultural esta blishment. The CPHE employer must provide the 302 specific location and description of the area to be treated; the dates and start and estimated end times 303 of application; the product name, EPA registration number and active ingredients; REI; whether posting 304 or oral notification are required; and any restrictions or use directions on the labeling that must be 305 followed to protect workers, handlers, or other persons during or after application. If there are any 306 changes to the information (except changes to the end time of less than 1 hour) the CPHE employer 307 must provide the agricultural employer updated information within 2 hours of the end of the application 308*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 7 of 42 (§170.13(j)). 309
310 (6). Safe Operation of Equipment and Repair (§170.9(i) and §170.11(f), §170.9(g) 311 and §170.13(l)) 312
313 The agricultural employer and CPHE employer mu st ensure that a handler is instructed in the 314 safe operation of any equipment used for mixing, loading, transferring or applying pesticides. This 315 includes informing their own handler employees, as well as informing handler employees not directly 316 employed by the agricultura l or CPHE employer. 317
318 Employers, both agricultural employers and CP HE employers, can only assign the tasks to 319 clean, repair, or adjust pesticide application equipment if they have been trained as a handler. If the 320 handler assigned to these tasks is not directly employ ed by the employer, then the employer is required 321 to inform the persons about the handling of equipment before cleaning, repairing or adjusting 322 equipment that has been used to mix, load, transfer or apply pesticides. The employer must inform the 323 handler that pesticide application equipment may be contaminated with pesticides, the potential harmful 324 effects of pesticide exposure, and procedures for handling pesticide application equipment and for 325 limiting exposure to pesticide residues, and per sonal hygiene practices and decontamination 326 procedures for preventing exposures and removing pesticide residues. 327
328 (7). Information Required for Emergency Assistance (§170.9(f)(2) and 329 §170.13(k)(2)) 330
331 If a worker or handler is poisoned or injured by an exposure to pesticides as a result of that 332 employment, the agricultural employer must provi de emergency assistance. That assistance includes, 333 in part and related to this ICR, pesticide information related to the circumstance of the exposure or 334 injury. 335
336 The agricultural employer must provide to the person (worker or handler) or to the treating 337 medical personnel copies of the Safety Data Sheet (SDS) and the pesticide product label (or the 338 following information listed on the product labeling: product name, EPA registration number, active 339 ingredients, antidote and first aid and medical treatm ent information), the circumstances of application 340 or use of the pesticide(s), and the circumstances that could have resulted in exposure to the 341 pesticide(s). §170.9(f)(2) 342
343 Similarly, the CPHE employer must provide to the person (employed by the CPHE on the 344 CPHE) or to the treating medical personnel copies of the Safety Data Sheet (SDS) and the pesticide 345 product label (or the following information listed on the product labeling: product name, EPA registration 346 number, active ingredients, antidote and first aid and m edical treatment information), the circumstances 347 of application or use of the pesticide(s), and the ci rcumstances that could have resulted in exposure to 348 the pesticide(s). §170.13(k)(2)) 349
350 (8). Pesticide Safety Training for Workers and Handlers (§170.101 and §170.201) 351
352 All workers, who are not trained as handlers (o r other exception that satisfies the safety 353 training), require training on an agricultural establis hment before the third day the worker performs any 354 task on an agricultural establishment where, within the last 30 days, a pesticide product bearing a WPS 355 label has been applied or an REI has been in effect. 356
357*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 8 of 42 All workers, who are not trained as handlers, requ ire training on their first day of employment on 358 a WPS establishment and must be retrained annually. This worker training session must be conducted 359 by either an individual who has completed the train-the-trainer program or a trainer of certified 360 applicators. During the first 2 years after the effective date of the final rule, a certified applicator of 361 restricted use pesticides (RUPs) under 40 CRF Part 171 may also conduct worker training. By year 3 362 of the ICR, certified applicators may no longer train workers. 363
364 All handlers, both on agricultural establishments and commercial pesticide handling 365 establishments will require annual training. The handler training session lasts one hour and must be 366 conducted by an individual who has completed the train-the-trainer program, a trainer of certified 367 applicators, or a certified applicator of RUPs. 368
369 Agricultural Worker Training (§170.101) 370
371 The agricultural employer must assure that each agricultural worker is trained in pesticide safety 372 in a manner that the worker can understand by the start of the third day of employment on the 373 establishment where a WPS product was applied within the last 30 days, or before workers enter 374 treated areas to perform early-entry activities. Under EPA’s proposed amendments, the worker training 375 grace period is eliminated along with the worker basic summary training. All workers will now receive 376 the full worker training session annually instead of once every 5 years. The person who conducts the 377 training must have either completed the train-the-trainer program or be a trainer of certified applicators. 378 The training is expanded to cover the 11 points described in 40 CFR 170.130(c)(3) as well as take 379 home exposure, early entry notification, establis hment-specific information, and hazard information 380 (SDS). 381
382 The agricultural employer must retain records of training for 2 years, including the trained 383 worker’s printed name and signature, the trained worker’s date of birth, the date of the training, 384 information identifying which EPA-approved training materials were used, the trainer’s name and 385 documentation showing the trainer met the requirements of trainer, and the agricultural employer’s 386 name. The agricultural employer is responsible for providing the worker a record of the training which 387 includes all the information recorded. 388
389 Pesticide Handler Training ( §170.201) 390
391 The handler employer must assure that each pesticide handler is trained annually in pesticide 392 safety, covering the 13 points described in 40 CFR 170.230(c) before they perform any handling task. 393 The content is also expanded to include the following: take home exposure; observe entry restricted 394 area limitations; establishment-spec ific information; hazard information (SDS); and assure proper 395 respirator fit-test, training, and medical evaluation. 396
397 The handler employer must retain records of trai ning for 2 years, including the trained handler’s 398 printed name, date of birth and signature, date of the training, information identifying which EPA399 approved training materials were used, the traine r’s name and documentation showing the trainer met 400 the requirements of trainer, and the handler empl oyer’s name. The pesticide handler employer is 401 responsible for providing the handler a record of the training which includes all the information 402 recorded. 403
404 (9). Personal Protective Equipment Information and Records 405
406 Provide handler medical evaluation, fit testing and respirator training and recordkeeping 407 (§170.207(b)(9)) 408
409 Pesticide handler employers must provide handl ers with a medical evaluation by a licensed 410*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 9 of 42 health care professional to ensure the handler’s physica l ability to safely wear the respirator (that 411 conforms with provisions 29 CFR 1910.134). Pesticide handler employers must also provide handlers 412 with fit-testing 170.207(b)(i) and respirator training of the respirator specified on the pesticide product 413 label (§170.207(b)(9)(ii)) that conforms with Occupational Health and Safety (OSHA) Standard 414 “Personal Protective Equipment” provisions 29 CFR 1910.134. 415
416 The pesticide handler employer must maintain records documenting the completion of the 417 medical evaluation, fit testing and respirator training that conform with 29 CFR 1910.134 for 2 years. 418
419 Inform the cleaner/launderer of personal protective equipment (§170.207(d)(8)) 420
421 The pesticide handler employer must inform any person who cleans or launders personal 422 protective equipment (PPE) that such equipment ma y be contaminated with pesticides, the potentially 423 harmful effects of exposure to pesticides, the correct ways to clean personal protective equipment and 424 to protect themselves when handling such equi pment, and the proper decontamination and personal 425 hygiene practices. 426
427 Records for closed system maintenance (§170.307(d)(3)(i)) 428
429 All handler employers of establishments with closed systems must retain records of system 430 maintenance for 2 years. Maintenance of closed system is to be done as specified in its written 431 operating instructions and as needed to make sure the system functions properly. 432
433 (10). Exceptions/Exemptions 434
435 Waiting period prior to worker training exception (§170.309(c)): Pesticide right-to-know 436 information sheet 437
438 A worker may perform tasks in a treated area for 2 days before receiving the worker training. 439 The worker must be provided a copy of an EPA-appr oved pesticide right-to-know sheet and its contents 440 communicated to the work orally in a language the worker understands prior to conducting any tasks in 441 a treated area. 442
443 The agricultural employer must maintain records of this communication for 2 years on the 444 agricultural establishment. The record includes a copy of the information provided, the printed name of 445 the worker, date of birth, and signature of the worker, date of the information was received, the 446 employer’s name, phone number of employer or establishment. 447
448 Exceptions/ Exemptions for Early Entry Notification 449
450 Early entry notifications (§170.305(a)) 451
452 If an agricultural employer directs a worker to perform activities in a treated area where an REI 453 is in effect, the employer must inform each early-entry worker, orally, the date of the entry, location of 454 the early-entry area, the pesticide(s) applied, dates and time that the REI begins and ends, and the 455 exception of the regulation that allows the early entry and the description of tasks performed under the 456 exception, contact with the treated surfaces permitted, amount of time the worker is allowed in the 457 treated area, the PPE required by the label for early entry, and the location of the pesticide safety 458 display and decontamination supplies. The agricultural employer must ensure that each worker either 459 has read the pesticide product labeling or has been informed, in a manner that the worker can 460 understand, of all labeling requirements and statements related to human hazards or precautions, first 461 aid, and user safety. 462
463*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 10 of 42 Inform workers of label information (§170.305(c)) 464
465 The agricultural employer must ensure that each worker, prior to early entry, has read the 466 pesticide product labeling or has been informed, in a manner that the worker can understand, the 467 labeling requirements and statements related to human hazards or precautions, first aid, and user 468 safety. 469
470 Early entry notifications records (§170.305(b)) 471
472 The agricultural employer is required to keep records of worker early entry activities including 473 information detailed above with the exception of labeling related to hazard and precautions. This 474 information, including acknowledgement of notification by printed name, date of birth and signature of 475 each early-entry workers who received the information, is to be retained for 2 years. 476
477
478 (ii) Respondent Activities 479
480 To respond to this ICR, agricultural establishment employers, and/or commercial pesticide 481 handling establishment (CPHE) employers, generally will engage in the following activities. Specific 482 requirements are identified to fulfill the conditions of the major activity. Respondents must do the 483 activities listed under eleven categories in this section. 484
485
486 (1) Rule familiarization 487 Activity: Agricultural employers and CPHE employers to learn rule requirements. 488
489

 Read 40 CFR Part 170, and read specific pesticide labels related to pesticide 490 application. Agricultural employers and commercial pesticide handling establishment 491 (CPHE) employers will need to read the regulation in order to familiarize themselves with 492 the requirements. 493

494 (2). Basic Pesticide Safety Information (§170.11(a)) 495 Activity: The agricultural employer posts pesticide safety information on agricultural 496 establishment. The employer would: 497
498

 Obtain or create pesticide safety display with content outlined in the regulation. EPA499 approved posters will be readily available. 500

 Post safety information displays at a place on the establishment where workers and 501 handlers are likely to pass by or congregate and can be readily seen and read. The 502 information must also be displayed anywhere decontamination supplies must be 503 provided. 504

 Add location specific content to the basic safety information, including the name, 505 address and telephone number of the lead state or tribal agency responsible for 506 pesticide enforcement, and emergency medical facility contact name, address and 507 phone number. 508

 Inform workers and handlers of changes to the required information at beginning of next 509 work day on agricultural establishment and promptly update display. 510

511 (3) Pesticide Hazard and Application-specific Information (§170.11(b)) 512 Activity: Gather, record and maintain pesticide hazard and application-specific 513*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 11 of 42 information. 514
515

 Record required application-specific information and maintain a copy of SDS and 516 pesticide label. The application-specific information required is as follows: 517

 the pesticide name, 518

 EPA registration number, 519

 and active ingredients of the product applied, 520

 the crop or site treated and the location and description of the treated area, 521

 dates and times the application started and ended, and 522

 the end date and duration of the REI. 523

 Retain record for 2 years. 524

 Also, agricultural employers must make information available upon request for workers, 525 handlers or authorized representatives during normal work hours. 526

527 (4) Notification to Workers of Restricted Entry Areas (§107.109) 528 Activity: Notify workers of entry restrictions to treated areas. 529
530

 The agricultural employer must notify workers of all entry restrictions associated with 531 pesticide applications either orally or by posting warning signs, or both, as defined by the 532 regulation and label. 533

 In outdoor production, employers give oral notification to workers for all REIs equal to or 534 less than 48 hours and for all double notification products. Post warning signs for all 535 REIs greater than 48 hours and for all double notification products. The signs must be 536 placed where they are visible from all expec ted points or worker entry to the treated 537 area, including each access road and each border with any worker treated area. 538

 In enclosed space, posting of warning signs is required if the pesticide applied has an 539 REI greater than 4 hours. If the REI is equal to or less than 4 hours, notification may be 540 given orally or by posting of warning si gns. Warning signs must be visible from 541 reasonably expected points of worker entry to the treated area, including each aisle or 542 walking route that enters the treated area. 543

 Signs are posted prior to (but no sooner than 24 hours before the application), and stay 544 up for the duration of the REI. 545

 Signs must come down within 3 days of the end of the application or end of the REI, 546

whichever is later. 547

 Oral notifications are given to workers prior to the application, if workers are on the 548 premises; otherwise, the oral notification is given after the application at the start of the 549 worker’s first work period on the agricultural establishment. 550

 Oral notifications are given in a manner that the workers can understand, and includes 551 the following: 552

 The location and description of the entry-restricted area and treated area. 553

 The dates and times during which entry is restricted. 554

 Instructions not to enter the entry-restricted area during application and not to 555 enter the treated area until the REI has expired. 556

557 (5) Establishment-Specific Information (§170.103 & §170.203(b)) 558 Activity: Provide establishment-specific information. 559*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 12 of 42 560

 Agricultural employer informs workers and handlers of the locations of the pesticide 561 safety information, pesticide application and hazard information, and decontamination 562 supplies. 563

 The information is given orally in a manner the worker or handler can understand. 564

565 (6) Information Exchange between Agricultural Employer and Commercial 566 Pesticide Handler Employer (§170.9(k), §170.13(h), §170.13(i)-(j)) 567 Activity: Provide application information to agricultural employers, CPHE employers and 568 handlers. 569
570

 For pesticide applications, the agricultural em ployer informs the CPHE employer of entry 571 restricted area locations, including the specific location and description of any entry 572 restricted areas, or treated areas where an REI is in effect. 573

 The CPHE employer ensures that any handl er employed by the CPHE working on the 574 agricultural establishment is provided information about restrictions on entering areas, 575 including the location and description of any entry restricted areas or treated areas 576

where an REI is in effect. 577

 The CPHE employers notify the agricultural em ployer of the specifics of the treatment 578 prior to making the application on the agricultural establishment, the dates and start and 579 estimated end times of application, the product name, the EPA registration number and 580 active ingredients, REI, whether posting or oral notification are required, and any 581 restrictions or use directions on the labeling. 582

 The CPHE employer informs the agricultural employer if there are any changes to the 583 application information (except changes to the end time of less than one hour) within 2 584 hours of the end of the application. 585 (7) Safe Operation of Equipment and Repair (§170.9(i) and §170.11(f), §170.9(g) 586 and §170.13(l)) 587 Activity: Instruct handlers on safe operation and repair of equipment. 588
589

 Handler employers, including agricultural employers and CPHE employers, must ensure 590 that a handler is instructed in the safe operation of equipment. 591

 The employer must inform the handler that pesticide application equipment may be 592 contaminated with pesticides, the potential harmful effects of pesticide exposure, and 593 procedures for handling pesticide application equipment and for limiting exposure to 594 pesticide residues, and personal hygiene practices and decontamination procedures for 595 preventing exposures and removing pesticide residues. 596

597 (8) Information Required for Emergency Assistance (§170.9(f)(2) and §170.13(k)(2)) 598 Activity: Provide pesticide-specific information to workers and handlers or medical 599 personnel in case of an emergency. 600
601

 If a medical emergency exists, the agricult ural employer or CPHE employer must 602 provide to the person (worker or handler) or to the treating medical personnel with 603 specific information regarding the application: 604*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 13 of 42  copies of the SDS and the pesticide product label (or, information listed on the 605 labeling, including product name, EPA registration number, active ingredients, 606 antidote and first aid and medical treatment information), 607

 the circumstances of the application or the use of the pesticide(s), and 608

 the circumstances that could have resulted in exposure to the pesticide(s). 609

610
611 (9) Pesticide Safety Training for Workers and Handlers (§170.101 and §170.201) 612 Activity: Arrange for training of workers and pesticide handlers. 613
614

 Train or arrange for pesticide safety traini ng for all existing workers and handlers as well 615 as new workers and handlers. Workers being sent into pesticide treated areas must be 616 trained by the start of their third day performing tasks on an agricultural establishment 617 where, within the last 30 days, a pesticide product bearing a WPS label has been 618 applied or an REI has been in effect. Training for workers (who have not received 619 handler training) and handlers is required annually. Content is outlined in the regulation 620 at §170.101 for workers and §170.201 for handlers. 621

 Worker and handler pesticide safety trainings are conducted by those designated as a 622 qualified trainer. To train workers, the trainer must be designated as a trainer of certified 623 applicators by EPA or a state or tribal agency responsible for pesticide enforcement, or 624 must have completed a pesticide safety tr ain-the-trainer program approved by EPA. To 625 train handlers, the trainer must be designated as a trainer of certified applicators or 626 handlers by EPA or a state or tribal agency responsible for pesticide enforcement, or 627 must have completed a pesticide safety trai n-the-trainer program approved by EPA. In 628 addition, certified applicators are eligible to train handlers. There is a delayed 629 implementation regarding the qualifications of trainers of agricultural workers for 2 years 630 after the effective date of the final rule, whereas a certified applicator of RUPs may also 631 conduct worker training. (Refer to §170.101(c)(4) and (§170.201(c)(4)) 632

 Employers must keep records of traini ng including acknowledgements for 2 years. The 633 records may be created by the trainer or the employer, but it is the agricultural 634 employer’s responsibility to document and maintain records. 635

 Training records must include: 636

 the trained worker or handler’s printed name, 637

 the trained worker or handler’s signature, 638

 the date of birth of worker or handler, 639

 the date of the training, 640

 the information identifying which EPA-approved training materials were used, 641

 the trainer’s name and documentation showing the trainer met the requirements 642 of trainer, and 643

 the agricultural employer’s name. 644

645

 The employer must provide the worker or handler a record of the training. 646

647 (10) Personal Protective Equipment Information and Records 648 Activity: Provide respirator training, medical evaluation and fit test to handlers. 649
650*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 14 of 42 Respirator Users: Medical evaluation, fit testing and respirator training 651
652

 Pesticide handler employers, which includes agricultural employers and CHPE 653 employers, must provide handlers with respirator training of the respirator specified on 654 the pesticide product label. The training must conform with the provisions of OSHA’s 29 655
CFR 1910.134. 656

 Current OSHA provisions regarding training and information (CFR 1910.134(k)) requires 657 the employer to provide effective traini ng to employees who are required to use 658 respirators. The training must be comprehensive, understandable, and recur annually 659 and more often if necessary. 660

 Handler employers must create and maintain records to document the completion of 661 required medical evaluation, fit testing and respirator training of a handler that conform 662 with OSHA’s Personal Protective Equipment Respiratory Program 19 CFR 1910.134 for 663 2 years. 664

 Fit testing Recordkeeping: OSHA’s Personal Protective Equipment 1910.134 665 “Respiratory Program” requires the employer to establish a record of the qualitative and 666 quantitative fit tests administered to an employee including: 667

 The name or identification of the employee tested; 668

 Type of fit test performed; 669

 Specific make, model, style, and size of respirator tested; 670

 Date of test; and 671

 The pass/fail results for QLFTs or the fit factor and strip chart recording or other 672 recording of the test results for QNFTs. 673

 Respiratory Training Recordkeeping: OSHA’s 1910.134 does not outline specific 674 information required to document respiratory training, but employers need to 675 demonstrate compliance with the required training, at a minimum noting who was trained 676 and when the training occurred. 677

678 Cleaners of PPE 679
680

 The pesticide handler employer must inform any person who cleans or launders 681 personal protective equipment (PPE) that such equipment may be contaminated with 682 pesticides, the potentially harmful effects of exposure to pesticides, the correct ways to 683 clean personal protective equipment and to protect themselves when handling such 684 equipment, and the proper decontamination and personal hygiene practices

. 685

686 Maintenance of Closed Systems 687 Activity: Create and retain records for closed system maintenance. 688
689

 Employers of establishments with closed systems must retain records of system 690 maintenance for 2 years. 691

692 (11) Exceptions/Exemptions 693
694 Exception to Allow a 2-Day Waiting Period prior to Worker Pesticide Safety Training 695 Activity: Provide Right-to-Know pesticide information sheet and oral presentation 696 of information to workers. 697
698*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 15 of 42  Agricultural employers must provide pesticide safe ty training to workers by the start of the third 699 day of work into a treated area. If an employer waits to train workers, the employer may direct 700 workers into a treated area (that is not under an REI if he/she provides a pesticide information 701 sheet meeting the WPS requirements. Prior to the worker entering a treated area to perform 702 tasks, the agricultural employer must communicate the contents (specified at 170.309(d)) in a 703 language the worker understands. 704

 The employer must provide a copy of this right-to-know sheet to the worker. 705

 The employer must make a record, recording printed name of the worker, date of birth, date of 706 the information communicated, the employer’s name and phone number. The worker must sign 707 the record. A copy of the information sheet must be maintained along with the required details. 708

 The record is maintained for 2 years on the agricultural establishment. 709

710 Notification of Exceptions for Early Entry 711 Activity: Notify workers of terms of exceptions/exemptions allowing for tasks to be 712 performed in treated areas. Keep records of these early-entry notifications. 713

 When using regulation exceptions or exemptions for early entry of workers into a treated area, 714 the agricultural employer must explain the except ion or exemption to the workers. Specifically, 715 the agricultural employer inform s each early-entry worker, orally, the following information: 716

717

 The date of entry, 718

 Location of the early-entry area, 719

 Pesticide(s) applied, 720

 Dates and item that the REI begins and ends, 721

 The exception of the regulation that allows the early entry, 722

 Description of the tasks performed under the exception, 723

 Contact with the treated surfaces permitted, 724

 Amount of time the worker is allowed in the treated area, 725

 The PPE required by the label for early entry, and 726

 Location of the pesticide safety display and decontamination supplies. 727

728 In addition, the agricultural employer must ensure that each worker either has read the pesticide 729 product labeling or has been informed, in a manner that the worker can understand, of all 730 labeling requirements and statements related to human hazards or precautions, first aid, and 731 user safety. 732

733

 The employer records the information provided in written format, collects the early-entry 734 worker’s signature after the worker receives the information orally, along with the printed name 735

and date of birth. 736

 Employers must also keep these early entry notification records for 2 years including written 737 acknowledgements that the workers received the information orally. 738

 Additionally, the employer must ensure that each early-entry worker has read the pesticide 739 product labeling or has been informed in a manner the worker can understand, the labeling 740 requirements and statements related to human hazards, precautions, first aid, and user safety. 741

742
743 5. THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION METHODOLOGY, 744*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 16 of 42 AND INFORMATION MANAGEMENT 745
746 5(a). Agency Activities 747
748 This ICR does not involve EPA activities; respondents provide training, notify third parties, and 749 create and retain records. 750
751 5(b). Collection Methodology and Management 752
753 EPA does not collect or manage information under this ICR. Respondents are allowed flexibility 754 in how they collect and manage the information. 755
756 5(c). Small Entity Flexibility 757
758 The protections under 40 CFR Part 170 depend upon workers receiving the various training and 759 notifications contained in the regulation. These requirements cannot be reduced for small 760 establishments without significantly compromising the protections offered to their workers and handlers. 761 As such, small entities are required to follow the same requirements as larger establishments, unless 762 exempted as a solely family-operated establis hment under existing 40 CFR 170.204(a) or at the 763 proposed 40 CFR 170.301(a). Under this exemption, the owner of an agricultural establishment is not 764 required to provide certain protections to himsel f or members of his immediate family who are 765 performing handling tasks on their own agricultural establishment. 766
767 5(d). Collection Schedule 768
769 This ICR does not involve agency collection activities. 770
771
772 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 773
774 The PRA requires the EPA to estimate the “paperwork burden,” i.e., the total time, effort, or 775 financial resources expended by persons to generate, maintain, retain, or disclose or provide 776 information to or for a Federal Agency. This can include the resources to: review instructions; develop, 777 acquire, install, and use technology and systems; search data sources; collect, review, validate, and 778 verify information/data; process and maintain information/data; disclose and transmit/submit 779 information/data; change/adjust the existing ways of complying with any previously applicable 780 instructions and requirements to now comply with new requirements; and, train personnel. The agency 781 is also required to estimate the paperwork costs, which include both the costs associated with the 782 paperwork burden hours, and any additional costs not tied to a burden hour, but incurred under the 783 PRA nonetheless. 784
785 In this section, the Agency describes the assumptions and methods used to estimate the total 786 cost and hourly burden estimates for all of the rule requirements, assuming that the proposed 787 amendments become final. Tables 5-17 list the estimated burden hours and costs associated with this 788 ICR. The estimates are based on the information and figures contained in the “Economic Analysis of 789 Proposed Revisions to the Worker Protection Standard,” 1 as well as information obtained by the 790 Agency from the U.S. Department of Labor’s Bureau of Labor Statistics (BLS) for wage rates, and U.S. 791 Department of Agriculture’s special tabulation fo r the number of farms that hire workers and use 792 pesticides based on the number of farms in the 2007 Agricultural Census. 2 793
794

1 Economic Analysis of Proposed Revisions to the Worker Protection Standard, EPA, 2011

2 USDA,NASS 2008*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 17 of 42 6(a). Respondent Burden 795
796 The type of respondent burden considered in this analysis is administrative burden. 797 Administrative burden is defined as the time spent to record, file and store records related to the 798 requirements in this information collection reques t. Respondents include employers of agricultural 799 workers and handlers as well as persons that come into contact with pesticides as part of their 800 occupation. The burden includes the respondent’s time to provide, receive, and gather pesticide801 related information and may include activities such as becoming familiar with the rule and regulations, 802 conducting, attending or receiving pesticide safety training, respirator fit testing for persons required to 803 use respirators, developing and taking medical eval uations, preparing and posting pesticide safety and 804 application information signs, providing safety inform ation, providing oral and written notification to 805 persons who may enter restricted entry areas, site s pecific pesticide application information, exchange 806 of information between employers and employees, and informing persons including workers, handlers 807 and persons that will be cleaning and laundering clothing and equipment that clothing and equipment 808 may contain pesticide residues. 809
810 Estimates of burden are based on Agency assumptions unless otherwise noted for each 811 requirement and activity. The Agency estimates the burden in terms of the time it takes for respondent 812 to perform a given activity. Then that time estima te is multiplied by the number of respondents or the 813 number of responses depending upon the activity, to determine the total time burden. The burden 814 estimates are explained in detail together with respondent costs, in the next section. 815
816 6(b). Estimating Respondent Burden and Costs 817
818 (i). Methodology 819
820 Respondent groups are derived from the number of agricultural establishments subject to this 821 revised worker protection standard (WPS) regulation. With the exception of forestry production, WPS 822 establishments include farms, greenhouses and certified pesticide handling establishments (CPHEs). 823 Respondents from these establishments include agricul tural employers, CPHE employers, agricultural 824 workers, agricultural handlers, CPHE handlers and trainers. 825
826 To calculate the cost the Agency estimated the number of respondents, their wage rates, 827 number of responses, and the time for them to comply with a given requirement. The total cost for 828 each respondent group for each response activity associated with a requirement is equal to the cost per 829 respondent times the number of respondents in a respondent group. Multiple respondent groups may 830 incur burden for each activity and for multiple activities associated with a requirement. The total cost 831 for a requirement is equal to the sum of the cost of the activities for each respondent group. The cost 832 for each activity is equal to the burden associated with each activity multiplied by the applicable labor 833 category (respondent group) wage rate. For example, the cost for the respondent group agricultural 834 employers to fill in the required information on a safety poster and post it at a main location, is equal to 835 the time it takes to fill in and post the poster (three minutes) times the labor cost ($29.26 per hour), 836 which equals $1.46 per respondent per year. 837
838 (1) Wage Rates 839
840 For this ICR, Agency economists revised the estimated wages and benefits for all labor 841 categories for affected respondent groups based on publicly available data from the U.S. Bureau of 842 Labor Statistics (BLS). The wage rate methodology uses data from each sector and labor type for an 843 unloaded wage rate (hourly wage rate), and then calculates the loaded wage rate (unloaded wage rate 844 + benefits). These rates are then combined into the seven overall labor categories of WPS employer, 845 CPHE employer, worker, WPS handler, CPHE handler, trainer, and health care worker (as described 846 below). 847*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 18 of 42 848 Each sector’s wage data (with the exception of WPS establishment workers and handlers) 849 corresponds to a specific Standard Occupational Classification (SOC) and for certain categories, a 850 North American Industry Classification System (NAICS) code as well. Specific details are provided in 851 the wage rate table (see Attachment D). The SOC system is used by Federal statistical agencies to 852 classify workers into occupational categories for the purpose of collecting, calculating, or disseminating 853 data. 854
855 Unloaded Wage Rate 856
857 The unloaded wage rates are estimated for the following labor types: 858

 WPS establishment employers 859

 Commercial pesticide handling establishment (CPHE) employers 860

 WPS establishment trainers of workers and handlers 861

 CPHE handler trainers 862

 WPS establishment workers (trained and untrained) 863

 WPS establishment handlers (aged 18 years and older) 864

 CPHE handlers (aged 18 years and older) 865
866 The Agency uses mean hourly wage data for a ll relevant labor types, except for WPS 867 establishment workers and handlers, available in the National Industry-Specific Occupational 868 Employment and Wage Estimates from the BLS Occupational Employment Statistics data series. 3 For 869 WPS establishment workers, the Agency uses the USDA Farm Labor Report’s annual average wage 870 rate for U.S. fieldworkers. 4 The wage rate for WPS establishment handlers is calculated as the 871 average of the WPS establishment employer and work er rates. The overall wage is then weighted in 872 order to create the wage for handlers aged 18 years and older. This procedure is described in 873 Attachment D. The wage rates are derived from BLS NAICS 2010 estimates. 874
875 Loaded Wage Rate 876
877 The Agency expects that all labor categories including WPS establishment employer, CPHE 878 employer, WPS establishment worker and handler trainer, CPHE handler trainer, WPS establishment 879 workers, and handlers (for both WPS establishment and CPHEs) will receive loaded wages. They 880 include benefits and overhead for both WPS estab lishment employers and commercial pesticide 881 handling establishment employers. Worker wage ra tes are assumed to include only the wage rate and 882 some benefits as most workers are field workers and do not have direct associated overhead. Most 883 workers received some kind of benefit (i.e., health insurance) according the Bureau of Labor Statistics. 884 These individuals are paid benefits that amount to 30% of the total remuneration with wages accounting 885 for 70%. 5 However, data from the National Agricultural Workers Survey (DoL) indicate that up to 77% 886 of agricultural workers do not receive benefits as part of their employment 6

. 887
888

3 BLS May 2010 National Industry-Specific Occupatio nal Employment and Wage Estimates available at: http://www.bls.gov/oes/2010/may/oessrci.htm

4 USDA November 2007 NASS Farm Labor Report available at: http://usda.mannlib.cornell.edu/ usda/nass/FarmLabo// 2000s/2007/FarmLabo -11-16-2007.pdf

5 BLS Employer Costs for Employee Compensation- December 2010 available at: http://www.bls.gov/news.release/archives/ecec_03122008.pdf

6 U.S. Department of Labor, Office of the Assistant Secretary for Polic y, Office of Programmatic Policy, National Agricultural Workers Survey (NAWS) 2001-2002 A Dem ographic and Employment Profile of United States Farm Workers Research Report No. 9 , March 2005. Available here: http://www.doleta.gov/agworker/report9/naws_rpt9.pdf*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 19 of 42 The loaded wage rate for WPS employers is $28.21 an hour. The loaded wage rate for CPHE 889 employers is $30.30. The loaded wage rate for workers is estimated to be $13.43 per hour. The wage 890 rate for handlers depends upon the employer. WPS establishment handler wage rates are $20.83 per 891 hour and the wage rate for CPHE handlers is $20.10 per hour. The loaded wage rate of $37.87 per 892 hour for trainers applies to trainers of agricultural workers and handlers on agricultural establishments 893 and whose qualifications are that they are trainers of certified applicators or have completed a train-the894 trainer program. The wage rate for health care workers that review the medical surveys for those 895 persons that will be using respirators is $42.91. (Table 1) 896
897

Table 1. Wage Rates for Selected Occupations 7
Category Wage ($/hour)
WPS Employer 28.21
CPHE Employer 30.30

WPS Worker 13.43

WPS Handler 20.83

CPHE Handler 20.10

Trainer 37.87

Health Care Worker 42.91
898 (2) Number of Establishments, Workers and Handlers 899
900 Additional information used in this ICR includes the number of agricultural (WPS) 901 establishments. To estimate the number of WPS est ablishments that use pesticides and hire labor, the 902 Agency requested a special tabulation of data from USDA, NASS 2007 Census of Agriculture. The 903 number of WPS establishments is based on the number of farms and greenhouses and the tabulation 904 breaks down the number of establishments from t he total number of farms and greenhouses. Based on 905 the USDA NASS data, there are 788,582 agricultural es tablishments that use pesticides. A subset of 906 that data can be broken down further into the number of WPS establishments, defined as those that 907 hire labor, and the number of establishments that both use pesticides and hire labor. Based on USDA, 908 NASS data there are 394,658 agricultural establishments that hire labor, and 304,348 that hire labor 909 and use pesticides (303,829 farms and 519 greenhouses). 8 From the USDA, NASS 2007 Census of 910 Agriculture, there are 2,322,610 farm employees, all of whom are assumed to be field workers. This 911 implies that each agricultural establishment hires, on average, 5.88 workers. The Agency estimates 912 that there are 151,879 agricultural (WPS) handlers within the total number of farm employees. For 913 clarification below, where references are made to the number of “farms”, this refers to the number of 914 WPS establishments that are farms that use pesticides and hire labor. 915
916 Agricultural establishments that hire labor can be further subdivided by the size. Establishment 917 size is determined by gross revenue based on USDA’s definition of farm size. Farm size is an 918 important definition because it is also used to determine the number WPS handlers. The Agency 919 assumes that only large and large-small agricultural es tablishments listed in the tables below have full 920 time handlers which the Agency estimates to be 151,879 or 2 for every large agricultural establishment 921 and 1 for every large-small agricultural establishment 9

. 922
923

7 Wage Rates based on occupations defined by the BLS NAICS codes. See footnotes 1-3 above.

8 USDA, NASS Special Tabulation of data from 2007 Census of Agriculture, 2008

9 The Small Business Administration (SBA) defines la rge farms as farms with annual revenues of $750,000 or more. EPA separates small farms into small-, medi um- and large-small as shown in Tables 2 and 3.*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 20 of 42 Table 2 presents the number of agricultural es tablishments that use pesticides by revenue 924 category. 925
926

Table 2: Number of A gricultural Establishmen ts that Use Pesticides Income Range ($) Farm Size Classification Number of A gricultural. Establishments that Use Pesticides. Percent of Total

1,000 – 9,999 Small-Small 218,041 28% 10,000 – 99,999 Medium-Small 290,611 37% 100,000 – 749,999 Large-Small 221,735 28% 750,000 < Large 58,197 7% Total 788,582 100% 927 Table 3 presents the number of farms that hire labor that are in each revenue category. 928
929

Table 3: Number of A gricultural Establishm ents that Hire Labo r Income Range ($) Farm Size Classification Number of A gricultural Establishments that Hire
Labor Percent of Total

1,000 – 9,999 Small-Small 79,909 20% 10,000 – 99,999 Medium-Small 121,223 31% 100,000 – 749,999 Large-Small 139,237 35% 750,000 < Large 54,289 14% Total 394,658 100% 930 Of those that agricultural establishments that hi re labor or use pesticides, a subset also hire 931 labor and use pesticides in any gi ven year. Table 4 presents the 304,348 agricultural establishments 932 that both hire labor and use pesticides used in the calculations for this ICR. 933
934 Table 4: Number of Agricultural Establishments that Hire Labor and Use Pesticides Income Range ($) Farm Size Classification Number of A gricultural Establishments that Hire Labor and Use Pesticides Percent of Total

1,000 – 9,999 Small- Small 40,880 13.5% 10,000 – 99,999 Medium-Small 89,559 29.5% 100,000 – 749,999 Large-Small 124,960 41% 750,000 < Large 48,949 16% Total 304,348 100% 935 For CPHEs, the Agency estimates that there are approximately 72,449 firms of which 2,793 hire 936 labor. The remaining 69,656 CPHEs are “self-employed” with a single owner/handler. EPA estimated 937 this number based on the number of commercial certifications and the number of commercial 938 applicators certified to apply pesticides in the Agricultural Pest Control (Plants) Category. The Agency 939 assumes that not every certification is active every year. For the 2,793 CPHEs that hire labor, EPA 940 estimates that each establishment hires on average 6.1 (6) handlers for a total of approximately 17,080 941 handlers. 942
943 There are also trainers for both agricultural establishments and CPHEs. For agricultural 944 establishments, trainers may be trainers of certified applicators or individuals trained in how to instruct 945 training. The number of qualified trainers is unknown. Calculations in this ICR are based on 946 assumptions the Agency made about the number of training sessions held each year. There is more 947 explanation in part 9 and Table 14 of Section 6 of this ICR. 948
949*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 21 of 42 (ii) Requirements 950
951 This section details the Agency’s estimate of burden and cost per respondent for activities in 952 each category of WPS requirements that are defined as paperwork burden. The tables below present 953 the unit and total hourly burden and costs for agricultural establishments and CPHEs to comply with the 954 proposed rule requirements. There are eleven categorie s each with a varying number of activities in 955 each category that have data items that require record keeping. 956
957 (1) Rule familiarization 958
959 All existing agricultural establishmen t employers and commercial pesticide handler 960 establishment (CPHE) employers that apply pesticides must become familiar with the WPS 961 requirements and proposed amendments. The Agency estimates that it will take an average of 30 962 minutes per year per establishment to read the regulations. The Agency estimates that there are 963 394,658 agricultural establishments and 72,449 CPHEs that will spend an average of 30 minutes per 964 year per establishment to read regulations. Table 5 shows the activity, respondent group, the number 965 of respondents affected by the activity, the total number of responses, the hourly wage rates for each 966 respondent, the time in minutes each respondent will spend annually reading the regulations, the hourly 967 cost per respondent for each activity, and the total burden in hours and total cost. The total time burden 968 for all establishments to comply with rule familiarization is estimated to be 233,554 hours. The total 969 cost is estimated to be $6,664,253. (Table 5) 970
971

Table 5: Rule Familiarization Activity Respondent Group Number of Respondents Total Responses

Annually Wage
Rate Per Event Average TOTALS

(3-yr. average) ($/hr) Burden Co st Burden Cost ($)

(hours) ($) (hours)

Rule
Familiarization WPS
Establishment

Employer 394,658 394,658 28.21 0.5 14.11 197,329 5,566,651

Rule
Familiarization CPHE Employer 72,449 72,449 30.30 0.5 15.15 36,225 1,097,602

TOTALS 467,107 467,107 233,554 $6,664,253

* Estimates may not add due to rounding. Respondents are counted only once. 972
973 (2). Basic Pesticide Safety Information (§170.11(a)) 974
975 The agricultural employer is required to display pesticide safety information on the agricultural 976 establishment at a location on the establishment w here workers and handlers are likely to pass by or 977 congregate and it can be readily seen and read. The information must also be displayed at any 978 location where decontamination supplies are provided. This requirement only affects WPS 979 establishments. 980
981 The Agency assumes that there is one main pesticide safety information display per WPS 982 respondent that hires labor and uses pesticides (201,564 agricultural establishments) and that the 983 number of displays at decontamination sites depends on the size of the establishment. The Agency 984 also assumes an average of 3 minutes is needed to fill in information on the safety information display, 985 and to post it. 986
987 In addition, whenever worker and handler decontamination supplies are required to be provided, 988 employers must display pesticide safety information. The Agency assumes that the display is a poster 989 and estimates that it takes 3 minutes per display to post each poster and the number of 990*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 22 of 42 decontamination posters is assumed to depend upon the size of the establishment. 991
992 The Agency estimates that there are approximately 394,658 agricultural establishments 993 including greenhouses that hire labor and use pesticides that will have to post general pesticide safety 994 information. For clarification purposes, the number of greenhouses by size was subtracted from each 995 farm size type because greenhouses of all sizes are assumed to each have 4 decontamination posters 996 while the number of posters for WPS farms is dependent upon the size of the farm. The Agency 997 assumes that the number of small-small WPS est ablishments (40,851) have 1 worker decontamination 998 site each; medium-small WPS establishments (89, 559) have 2 worker decontamination sites each 999 requiring 178,736 posters; large-small WPS establishments (124,791) have 2 worker decontamination 1000 sites and 1 worker/handler decontamination site each requiring 374,373 posters; and large WPS 1001 establishments (48,819) have 2 worker decontaminat ion sites, 1 worker/handler decontamination site, 1002 and 1 handler decontamination site requiring 4 posters for each farm or a total of 195,276 posters. In 1003 addition, the 519 greenhouses that are estimated to have 4 decontamination sites each require a total 1004 of 2,076 posters. The total number of posters ne eded is approximately 791,312 at decontamination 1005 sites. The Agency assumes that the posters last an average of 3 years so the average number of 1006 posters needed to be posted in a given year is 1/3 of that number or 263,507. (Table 6) 1007
1008

Table 6: WPS Farm and Greenhouse Decontamination Posters
WPS Farm Size by Type Decontamination Poster/WPS Farm WPS Farms (WPS
Establishments Minus the Number of Greenhouses) by Size Total Number of
Farms Total
Posters

Small - Small 1 poster 40,880 ‐ 29 40,851 40,851

Medium - Small 2 posters 89,559 ‐ 191 89,368 178,736

Large - Small 3 posters 124,960 ‐ 169 124,791 374,373

Large 4 posters 48,949 ‐ 130 48,819 195,276

Greenhouses 4 posters 519 519 2,076

Total 791,312 1009 Any changes to the information required on the pesticides safety information display must be 1010 promptly updated at the main location and where decontamination supplies are provided. The Agency 1011 estimates that 1/3 of the 1,185,970 (394,658 main posters + 791,312 decontamination posters) or 1012 395,323 responses will require changes and that each change takes 3 minutes per display. 1013
1014 Multiplying the per event average by the total number of responses for each line item yields the 1015 total burden hours and costs. The Agency estimates that the total number of burden hours for WPS 1016 establishments is 79,065 hours and the cost is $2,230,414. (Table 7) 1017
1018*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 23 of 42 1019
1020 Table 7: Basic Pesticide Safety Information- WPS Posters at Main Display & Decontamination Sites- Poster Changes

Activity Respondent Group Number of Respondents Total Responses

Annually Wage
Rate Per Event Average TOTALS

(3-yr. average) ($/hr) Burden Cost Burden Cost ($)

(hours) ($) (hours)

Main Poster WPS Employer 394,658 394,658 28.21 0.05 1.41 19,733 556,665

Decontamination
Poster WPS Employer 394,658 791,312 28.21 0.05 1.41 39,566 1,116,146

Poster Changes WPS Employer 394,658 395,323 28.21 0.05 1.41 19,766 557,604

TOTALS 394,658 1,581,293 79,065 2,230,414

* Estimates may not add due to rounding. Respondents are counted only once. 1021 1022 (3) Pesticide Hazard and Application-specific Information 1023
1024 For each pesticide application, agricultural em ployers must record application information and 1025 maintain a copy of the product label and SDS information, store the information and make available 1026 upon request. 1027
1028 The application record must include the name, EPA registration number, and active ingredients 1029 of the product applied; the crop or site treated and the location and description of the treated area; the 1030 dates and times the application started and ended; and the end date and duration of the REI. The 1031 Agency estimates that the average time to gather application information is 12 minutes. To gather and 1032 record information the Agency estimates that 303,829 respondents will conduct this activity on average 1033 20 times each resulting in 6,076,580 responses. 1034
1035 Application-specific information records are to be kept for a period of two years. Agricultural 1036 employers require 1 minute per application record fo r each of the 20 applications (20 minutes total each 1037 year) to store the record, copy of label and SDS for a total of 6,076,580 (303,829 X 20) response 1038 records to be maintained annually. 1039
1040 When there is a request by a worker, handler or an authorized representative for a worker or 1041 handler requesting application information, the Agency estimates that it requires 6 minutes of the 1042 agricultural employer’s time to provide that information. The Agency estimates that a request will be 1043 made for approximately 25% of the applications, or 1,519,145 responses to provide information 1044 annually. 1045
1046 The Agency estimates that the total number of burden hours for WPS establishments and 1047 CPHEs to gather, record, maintain records and provide information upon request is 1,468,507 hours 1048 and the cost is $41,426,578. (Table 8) 1049
1050*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 24 of 42 Table 8: Pesticide Hazard and Application Specific Information Activity Respondent Group Number of Respondent

s Total Responses

Annually Wage
Rate Per Event Average TOTALS

(3-yr. average) ($/hr) Burden Cos

t Burden Cost ($)

(hours) ($) (hours)

Gather and

Record WPS Employer 303,829 6,076,580 28.21 0.20 5.64 1,215,316 34,284,064

Maintain
Records WPS Employer 303,829 6,076,580 28.21 0.017 0.47 101,276 2,857,005

Provide Information Upon Request WPS Employer 303,829 1,519,145 28.21 0.10 2.82 151,915 4,285,508

TOTALS 303,829 13,672,305 1,468,507 41,426,578

* Estimates may not add due to rounding. Respondents are counted only once. 1051
1052 (4) Notification to Workers of Restricted Entry Areas (§107.109) 1053
1054 Agricultural establishments employers must either orally notify workers of pesticide treatments or post 1055 warning signs in areas under an REI (except for products which are Toxicology Category I for acute 1056 dermal or eye irritation potential, which must be labeled to require notification by both oral and posted 1057 warnings). A new modification to the rule would require that employers post warning signs for outdoor 1058 production applications with restricted entry intervals (REIs) greater than 48 hours. Outdoor 1059 applications with products with an REI of 48 hours or less would require employers to notify workers 1060 either orally, or by posted warning signs. In the ca se of indoor production, posting is required if the REI 1061 is greater than 4 hours. 1062
1063 Each oral notification requires three minutes of the agricultural employer’s time as well as 3 1064 minutes time of workers present on the farm or greenhouse during the REI. There are 303,829 farms 1065 and 519 greenhouses (304,348 total) that use pesticides and hire workers and the Agency assumes 1066 that an average of 20 pesticide applications per year will be made. The Agency assumes that for WPS 1067 farms (outdoor production) there will be 14 oral notifications, including 2 for double notification products, 1068 and for greenhouses there will be 6 oral notifications, including 2 for double notification products, for a 1069 total of 4,256,720 early entry events (303,829*14+ 519*6). In addition, approximately 1,658,369 WPS 1070 workers will receive an oral notification which takes 3 minutes. Not all agricultural establishment 1071 workers will be present during an REI. The Agency assumes that workers on WPS farms (outdoor 1072 production) will be present for about 80% of REIs and so each worker will receive 11.2 oral 1073 notifications, on average. Greenhouse workers are expected to be present for about 60% of REIs and 1074 they will receive 3.6 notifications per year. This results in 22,812,613 responses (2,030,930 x 11.2 + 1075 18,388 x 3.6). 1076
1077 Posting events are assumed to take 20 minutes of the agricultural employer’s time for each 1078 posting. WPS farm (outdoor production) average 8 postings, including 2 for double notification 1079 products, and greenhouse operations average 16 postings, including 2 for double notification products, 1080 annually. The Agency estimates that there are 304,348 W PS farms that use pesticides in a given year 1081 and 519 greenhouses so the total number of responses is 1,616,664 (304,348 x 8 + 519 x 16). 1082
1083 The Agency estimates that the total average time in terms of burden hours and costs for 1084 agricultural establishments to inform workers of an area under an REI is 2,166,445 hours with a cost of 1085 $44,256,901. (Table 9) 1086
1087*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 25 of 42 Table 9: Notification to Workers of Restricted Entry Areas

Activity Respondent Group Number of Respondent

s Total Responses

Annually Wage
Rate Per Event Average TOTALS

(3-yr. average) ($/hr) Burden Co st Burden Cost ($)

(hours) ($) (hours)

Provide Oral
Notification WPS
Establishments 304,348 4,256,720 28.21 0.05 1.41 212,836 6,004,104

Receive Oral Notification WPS Workers 10 2,030,930 22,812,613 13.43 0.05 0.67 1,140,631 15,318,669

Post Indoor/outdoo

r WPS
Establishments 304,348 2,438,936 28.21 0.33 4.70 812,979 22,934,128

Totals 2,353,616 29,508,269 2,166,445 $44,256,90
1

* Estimates may not add due to rounding. Respondents are counted only once. 1088
1089 (5) Establishment-Specific Information (§170.103 & §170.203(b)) 1090
1091 The agricultural employer must ensure that workers and handlers have been informed of 1092 establishment-specific information before any wo rker or handler performs any task on an agricultural 1093 establishment. The employer must provide the inform ation orally, in a manner the worker or handler 1094 can understand. 1095
1096 The establishment-specific information includes the locations of the pesticide safety information 1097 (as described above), pesticide application and hazard information, and decontamination supplies. The 1098 Agency estimates that all 394,658 agricultural establishments will provide establishment specific 1099 information at least 2 times resulting in 789,316 responses for agricultural establishments. Each 1100 response requires 1 minute of the employers time. In addition the Agency estimates that 2,030,930 1101 WPS workers will receive establishment specific information at least 1 time and that it takes 1 minute of 1102 the employee’s time to receive this information resulting in 2,030,930 responses. There is no record 1103 keeping requirement for this activity. 1104
1105 The Agency estimates that the total average burden in terms of hours and costs for WPS 1106 employers is 47,004 hours and $13,762. (Table 10) 1107
1108 Table 10: Establishment Specific Information

Activity Respondent Group Number of Respondents Total Responses

Annually Wage
Rate Per Event Average TOTALS

(3-yr. average) ($/hr) Burden Cost Burden Cost ($)

(hours) ($) (hours)

InformProvide
Establishment Specific
Information WPS
Establishment 11 394,658 789,316 28.21 0.017 0.0078 13,155 6,185

WPS Worker 2,030,930 2,030,930 13. 43 0.017 0.0037 33,849 7,576

TOTALS 2,425,588 2,820, 246 47,004 $13,762

* Estimates may not add due to rounding. Respondents are counted only once. 1109

10 Assume 12 WPS notifications and 4 Greenhous e Entry restriction notifications

11 A ssumes 2 early entry events per year per establishment.*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 26 of 42 1110
1111 (6) Information Exchange between Agricultural Employer and Commercial 1112 Pesticide Handler Employer (§170.9(k), §170.13(h), §170.13(i)-(j)) 1113
1114 Agricultural Employer Informs CPHE Employer of Entry Restricted Area Locations 1115
1116 If any handler employed by a CPHE will be wo rking on an agricultural establishment, the 1117 agricultural employer must provide the CPHE empl oyer the specific location and description of any 1118 areas that may be treated or areas where an REI may be in effect, and any restriction on entry into 1119 those areas. 1120
1121 The Agency estimates that the annual average number of agricultural establishments that apply 1122 pesticides is 542,602. Each WPS establishment is estimated to have an average of 20 applications per 1123 year resulting in approximately 10,852,040 applications per year. The Agency assumes that WPS 1124 farms hire CPHEs to apply 38% of the applications on WPS farms. This requires WPS establishments 1125 to inform CPHEs a total of 4,123,775 times about an application made by WPS establishment when a 1126 CPHE is hired to make an application on a WPS farm ((542,602 x 20) x .38). The estimated time to 1127 exchange information is 3 minutes. The burden for WPS establishments to comply with this 1128 requirement is 206,189 hours and the cost is $5,816,585. (Table 11) 1129
1130
1131 CPHE Employer Informs Agricultural Employer prior to Application 1132
1133 The CPHE applicator must also provide application information to WPS establishments that use 1134 pesticides and hire A CPHE to make the application, prior to making any pesticide application on the 1135 agricultural establishment. The information the CPHE applicator must provide includes the specific 1136 location and description of the area to be treated; the dates and start and estimated end times of 1137 application; the product name, EPA registration number and active ingredients; REI; whether posting or 1138 oral notification are required; and any restrictions or use directions on the labeling that must be followed 1139 to protect workers, handlers, or other persons during or after application. The Agency estimates that 1140 there are 39,571 CPHE applicators (2,793 + 36,778 self employed). The number of CPHE handlers is 1141 estimated to be 56,858 (17,080 hired by 2,793 CPHEs + 36,778 self-employed CPHEs). The Agency 1142 also estimates that there are 788,582 WPS establishments that use pesticides. Based on an average of 1143 20 applications per WPS establishment per year, there are an estimated 15,771,640 pesticide 1144 applications per year for all WPS establishments that use pesticides. Of these 15,771,640 applications 1145 applied on WPS establishments, CPHE handlers account for 38% or 5,993,223 applications. The 1146 Agency estimates that 70% of the 5,993,223 applications applied by CPHE handlers require 2 1147 exchanges of information (8,390,512) and the remaining 30% require 1 exchange of information 1148 (1,797,967). The total number of notifications by CPHE handlers to WPS establishments that use 1149 pesticides is 10,188,179 (((5,993,223 x .7) x 2) + (5,992,223 x .3)). The time for CPHEs to notify the 1150 WPS establishment is 6 minutes per notification. The burden for CPHEs to comply with this 1151 requirement is 1,018,818 hours and the cost is $30,870,183. (Table 11) 1152
1153 Commercial Pesticide Handler Employer (CPHE) Informs CHPE Handler 1154
1155 In addition, the CPHE employer is required to provide information to CPHE handlers resulting in 1156 a time-cost for the CPHE owner to provide informat ion and the CPHE handlers to receive information. 1157 This time-cost is borne by the CPHE. This time-cost requirement does not include self-employed 1158 CPHE handlers as they are already informed of t he application because they made the application. For 1159 those CPHEs that hire labor and are required to inform their handlers of the applications made CPHEs 1160 including those on WPS farms. The Agency estimates that there are 2,793 establishments that will 1161 spend 3 minutes informing each of their handlers and that this information exchange will occur for each 1162*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 27 of 42 application (17,080 x 90 = 1,537,200). For the handlers time, the Agency estimates that there are 1163 17,080 handlers that will each receive this information 90 times and that it takes 3 minutes of their time 1164 for each notification. The burden for CPHEs in term of time to inform their workers and for workers to 1165 receive the information for this requirement is 153,720 (76,860 x 2) hours and the cost is $3,873,744 1166 (2,328,858 + 1,544,886). 1167
1168 The total burden for all respondents to comply with these requirements is 1,472,199 hours and 1169 $43,197,368. (Table 11) 1170
1171 Table 11: Information Exchanges Between Agricultural Employe r , CPHE Employer, or CPHE Handle r Activity Respondent Group Number of Respondents Total Responses

Annually Wage
Rate Per Event Average TOTALS

(3-yr. average) ($/hr) Burden Co st Burden Cost ($)

(hours) ($) (hours)

WPS
Establishment
Provides Information on
treated areas
under an REI to CPHE 12 WPS
Establishment Employer 788,582 5,993,233 28.21 0.05 0.47 299,661 8,453,441

CPHE Provides Application Information to Agricultural
Establishment 13 CPHE Employer 39,571 10,188,179 30.3 0.10 0.51 1,018,818 30,870,183

CPHE Provides Information to CPHE Handlers CPHE Employer 2,793 1,537,200 30.3 0.05 1.51 76,860 2,328,858

CPHE Handler
Receives Information from CPHE CPHE
Handlers 17,080 1,537,200 20.1 0.05 1.005 76,860 1,544,886

TOTALS 845,233 19,255,802 1,472,199, $43,197,368 *Estimates may not add due to rounding. Respondents are counted only once. 1172 1173 (7) Safe Operation, Cleaning and Repair of Equipment 1174
1175 The agricultural handler employer and CPHE employer must ensure that the handler is 1176 instructed in the safe operation of any equipment used for mixing, loading, transferring or applying 1177 pesticides. 1178
1179 The handler employer must also provide informat ion to persons not employed directly by the 1180 establishment before they clean, repair or adj ust pesticide application equipment. The handler 1181 employer must inform the person that the equipment may be contaminated with pesticides, the potential 1182 harmful effects of pesticide exposure, and proced ures for handling pesticide application equipment and 1183 for limiting exposure to pesticide residues. 1184
1185

12 Assumes that all WPS establishments will rely on a CPHE for some of their estimated 20 applicati ons per season. The number of responses assumes that WPS farms make 62% of the 20 applications and CPHEs account for the other 38% and that it takes 3 minute s to exchange information.
13 Assumes that 70% of the 1,537,200 applications made by CPHEs will require 2 exchanges of information up to 6 minutes each. The other 30% of applications require 1 exchange of information (1.7X1,537,200=2,613,240)*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 28 of 42 Handlers must be provided instruction in the safe operation of pesticide equipment. The 1186 instruction is assumed to be provided the handler em ployers and requires 5 minutes of the employer’s 1187 time to provide and 5 minutes of the handler’s time to receive information. 1188
1189 The Agency estimates that the number of WPS respondents is based on the number of WPS 1190 farms that have handlers. Of the 173,909 farms that have handlers, the Agency estimates that the 1191 number of WPS handlers that receive information is 222,858. For CPHEs, the number of 1192 establishments that provide information is 2,793 and the number of CPHE handlers is 17,080. For this 1193 requirement the total average burden in terms of hour s and costs for WPS employers to comply with 1194 this requirement is 39,990 hours and $982,482. (Table 12) 1195
1196 Table 12: Safe Operation, Cleaning and Repai r of Equipment

Activity Respondent Group Number of Respondents Total Responses

Annually Wage
Rate Per Event Average TOTALS

(3-yr. average) ($/hr) Burden Cost Burden Cost ($)

(hours) ($) (hours)
WPS Employer informs
handlers. 14 Agricultural
Establishment Employer 173,909 222,858 28.21 0.083 2.351 18,572 523,902

Agricultural
Establishment
Handler 222,858 222,858 20.83 0.083 1.736 18,572 386,844

CPHE Employer informs
handlers. CPHE Employer 2,793 17,080 30.3 0.083 2.525 1,423 43,127

CPHE Handler 17,080 17,080 20.1 0.083 1.675 1,423 28,609

TOTALS 416,640 479,876 39,990 $982,482 *Estimates may not add due to rounding . Respondents are counted only once. 1197 1198 (8) Information Required for Emergency Assistance 1199
1200 In the event of an illness or injury to a worker or handler that may have been caused by a 1201 pesticide exposure, the agricultural employer must provide for his employee the relevant SDS and 1202 product label information to the attending medical personnel or the affected individual. 1203
1204 To determine the burden and cost of this activity the following assumptions were made 1205 regarding the frequency of medical emergency event (probability), the average number of persons 1206 impacted and the time it takes to provide the information. The Agency assumes that each provision of 1207 pesticide-specific emergency information takes 5 minutes of the employer’s time to locate and provide 1208 to medical personnel or the affected worker or handler. The total number of workers affected is 1209 determined by the probability that any worker/handler is likely to experience a pesticide related 1210 exposure event. This is dependent on whether the injured party is a worker or a handler because the 1211 Agency assumes that the risk of exposure is slightly higher for handlers due to the nature of their 1212 occupation. 1213
1214

14 WPS farms/employers that have handlers include only large farms & large-small farms or 119,839 of the 201,564 farms that use pe sticides and hire labor. The total number of handlers employed by these farms is 151,879. This is based on the assumption that there ar e 2 handlers per large farm and 1 handler per large-small farm. CP HEs are estimated to have 6 (6.115) handlers per firm.*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 29 of 42 The estimate of worker emergencies is based on the number of agricultural pesticide incidents 1215 from the American Association of Poison Control Cent er’s National Poison Data System (NPDS) for the 1216 years 2003 to 2005 15 . The data for this time period indicates that there were approximately 2,200 1217 pesticide related incidents for workers and handlers although it does not separate incidents by worker 1218 or handler. The Agency did not correct for this distinction by occupation type. The Agency assumes 1219 that 0.11% of workers will experience a pesticide related medical emergency annually. The estimate 1220 for the number of responses in Table 13 is based on the following calculation: 2,030,930 workers minus 1221 222,858 handlers = 1,808,072 workers, multiplied by 0.11% which results in an estimated 1,989 worker 1222 incidents annually 1,808,072 x 0.0011). 1223
1224 For handlers directly employed by the agricultural establishment, the probability is calculated 1225 based on the number of handlers and the assumption that because of their occupation, the possibility of 1226 a pesticide related exposure incident is slightly great er than that of workers. The Agency assumes that 1227 200 out of every 100,000 handlers, or about 0.2% of agricultural handlers, will experience a pesticide 1228 related exposure annually requiring medical attention. Assuming there are 151,879 handlers, there 1229 would be about 304 agricultural establishment handler incidents (151,879 x 0.002) that would require 1230 agricultural establishment employers to provide a copy of the SDS. Add 304 to the number of worker 1231 incidents from above and the total estimated number of response for agricultural establishment 1232 employers is 2,264 (1,960+304). 1233
1234 The annual number of incidents for CPHE handlers is also based on the number of CPHE handlers and 1235 the assumption that about 0.2% of handlers will experience a pesticide related exposure per year 1236 requiring medical attention. Based on this information, the average number of incidents is 34 (17,080 x 1237 0.002). 1238
1239 The Agency estimates that the average burden in terms of hours and costs for agricultural worker and 1240 handler employers to comply with this requirement is 200 hours and $5,645. (Table 13) 1241
1242

15 US EPA, OPP Report on Incident Information: The Baseline 2007. http//:www.epa.gov/pesticides/ppdc/2007 /oct2007/session10-finalrpt.pdf*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 30 of 42 Table 13: Information Required for Emergency A ssistance

Activity 16 Respondent Group Number of Respondents Total Responses

Annually Wage
Rate Per Event Average TOTALS

(3-yr. average) ($/hr) Burden Cost Burden Cost ($)

(hours) ($) (hours)

WPS Employer
Provides Information to
Medical Personnel,
Worker or
Handler Ag.
Establishment Employer 394,658 2,380 28.21 0. 083 2.35 198 5,595

CPHE Employer
Provides Information to
Medical
Personnel or
Handler CPHE Employer 2,793 20 30.30 0.083 2.53 2 51

TOTALS 397,451 2,400 200 $5,645

*Estimates may not add due to rounding . Respondents are counted only once. 1243
1244 (9) Pesticide Safety Training for Workers and Handlers 1245
1246 Annual training is required for all agricultural workers and handlers on agricultural 1247 establishments and handlers employed by commerci al pesticide handling establishments (CPHEs). 1248 Handlers that receive the handler pesticide safety training are not required to also take worker training. 1249 Trainings for agricultural workers are the responsibility of the agricultural establishment employer and 1250 must be provided by persons designated by EPA, or state or tribal pesticide enforcement agencies to 1251 train certified applicators, and trainers that have completed an approved Train-the-Trainer course. 1252 Training for handlers employed by agricultural est ablishments and CPHEs must be provided by trainers 1253 identified above for workers or certified applicators (such as agricultural establishment owner). 1254 Employers are required to make a record of the training and have it signed by the trained worker or 1255 handler, provide a record of the same information to the worker or handler, and maintain the records for 1256 2 years. 1257

Workers who are not trained as handlers must be trained before they enter an area treated with 1258 a pesticide or under an REI within the last 30 days. However, under an exception, pesticide safety 1259 training may be delayed until the start of their third day of employment on an agricultural establishment, 1260 but workers must receive Right to Know information prior to entry to perform worker tasks. A separate 1261 burden calculation for workers who are trained after the 2-day waiting period is presented in Table 16. 1262

Agricultural Worker Pesticide Safety Training 1263

The training time requirement for worker training sessions increased from the current ICR 1264 estimate of 30 minutes to 45 minutes due to expanded training content. The proposed rule requires 1265 that trainings will be conducted by either a trainer of certified applicator or a trainer that has completed 1266 a “train the trainer” program. The wage rate for both categories of trainers is $37.87. The Agency 1267 assumes that all agricultural workers are trained one time and that the 395,658 establishments average 1268 1.5 trainings per establishment. This results in a total of 591,987 trainings that require records to be 1269

16 The requirement intends to clarify the regulation text meaning for an employer to provide information to a medical provider if there is a pesticide exposure. The clarific ation changes the response time from “prompt” to “30 minutes”. The ac tual transfer of pestici de information which can be phoned or faxed in by the employer is assumed to take 5 minutes of tan employer’s time per event.*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 31 of 42 saved. Of the 591,987 trainings, the Agency assumes 85% of the trainings (503,189) for workers are 1270 conducted by trainers of certified applicators. The other 15% of the trainings (88,798) will be conducted 1271 by trainers that have completed the train-the-trainer course. Of the 2,322,610 workers that attend 1272 worker safety training, the total number of workers trained does not include 208,165 returning handlers 1273 who receive handler training and 19,510 field workers that work less than 2 days (2,322,610 - 208,165 - 1274 19,510 = 2,094,935). (Table 14) 1275

Agricultural Handler Pesticide Safety Training 1276

For handlers on agricultural establishments, the Agency assumed that all 151,879 agricultural 1277 establishment handlers are trained one time per year and that as per the Economic Analysis 17 , the 1278 Agency estimated that only large and large-small agricultural establishments have handlers (193,526 1279 establishments). Of these establishments, the Agency estimates that about 4 out of 5 or 80% of the 1280 54,289 large agricultural establishments and about 50% of the 139,237 large-small agricultural 1281 establishments provide handler training sessions totaling 193,526 sessions by 113,050 trainers (15,827 1282 + 11,305 + 85,918). Because different types of trainers have different time costs, Table 14 below 1283 breaks out the trainers and training sessions. The Agency estimates that the number of training 1284 sessions varies by trainer type. About 76% of agricultural handler training sessions, or 147,080 1285 sessions are conducted by certified applicators (primarily the WPS employer) (193,526 x .76 = 1286 147,080), another 10% or 19,353 of the training sessions are conducted by trainers that have 1287 completed the Train-the-Trainer course (113,050 x .10 = 19,353) and about 14% of the training 1288 sessions or 15,827 are conducted by trainers of certified applicators (113,050 x .14 = 15,827). (Table 1289 14) 1290

CPHE Handler Pesticide Safety Training 1291

For CPHE handlers, the Agency did not include the 36,778 self-employed CPHE owner 1292 operators in the calculation of the burden and cost estimates for this line item to avoid double counting 1293 the burden and cost because the self-employed CPHEs will be included the Certification Rule ICR. For 1294 the 2,793 CPHE’s that hire handlers, the Agency assumed that the 2,793 CPHEs conduct on average 1295 1.3 trainings per year per establishment for CPHE Handlers. Of the 3,631 (2,793 * 1.3) trainings, 14% 1296 of the trainings or 508 ((2,793*1.3)*.14) were conducted by trainers of certified applicators, 10% or 363 1297 were conducted by trainers that completed a Tr ain-the-Trainer program ((2,793*1.3)*.1) and the 1298 remaining 76% or 2,759 were conducted by certified applicators (assume CPHE employer). (Table 14) 1299

Training Burden Requirements for Agricultural Establishment and CPHEs 1300
1301 The training time for agricultural establishment and CPHE handler training is 60 minutes. The 1302 estimated time burden for both agricultural establishment and CPHE employers to record and maintain 1303 records of training is 7 minutes per worker and 4 minutes per handler. The time required for both 1304 workers and handlers to acknowledge training is 30 seconds per acknowledgement. Agricultural 1305 employers are required to keep records of training for two years, including names of workers trained, 1306 trainer and agricultural employer; date; materials used; and signature acknowledgement of receipt of 1307 training. 1308
1309 For CPHEs only those that hire labor are required to provide handler training. This time-cost 1310 training requirement does not include self-employed CPHE handlers as they are trained under the 1311 Certification Rule ICR as noted above. 1312
1313 The Agency estimates that the average burden in terms of hours and costs for WPS and CPHE 1314 employers and their worker and handler employees to comply with this requirement is 2,588,597 hours 1315

17 Economic Analysis of Proposed Revisions to the Worker Protection Standard, EPA, 2011*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 32 of 42 and $53,774,907. (Table 14) 1316
1317
Table 14: Pesticide Safety Training
Activity Respondent Group Number of Respondent

s Total Responses Annually Wage
Rate Per Event Average TOTALS

(3-yr. average) ($/hr) Burden Cost Burden Cost ($) (hours) ($) (hours)

Train Workers on Pesticide Safety Trainers of Certified Applicators 18 13,661 88,798 37.87 0.75 28.40 66,599 2,522,087

Trainers of a
Train-the
Trainer

program 19 11,612 503,189 37.87 0.75 28.40 377,392 14,291,824

Worker pesticide safety training Workers 20 2,094,935 2,094,935 13.43 0.75 10.07 1,571,201 21,101,233

Record and
maintain records of worker training Agricultural
establishment employers 394,658 591,987 28.21 0.12 3.29 69,065 1,948,328

Sign Acknowledgeme nt of worker training and receive a copy Workers 2,094,935 2,094,935 13.43 0.01 0.11 17,458 234,458

Train handlers of agricultural
establishments Training by Trainers of certified applicators 21 15,827 27,094 37.87 1 37.87 27,094 1,026,036

Training by
Trainers who completed
Train-theTrainer

program 11,305 19,353 37.87 1 37.87 19,353 732,883

Training by Certified Applicator of
RUPs 22 85,918 147,080 37.87 1 37.87 147,080 5,569,911

Attend handler training on agricultural
establishment Agricultural
establishment
handlers 245,023 245,023 20.83 1 20.83 245,023 5,103,835

Record and
maintain records of handler training (agricultural establishment) Agricultural
establishment employers with
handlers 23 193,526 215,975 24 28.21 0.12 3.29 25,197 710,810

Sign Acknowledgeme nt of handler training and receive a copy Handlers of agricultural
establishments 245,023 245,023 20.83 0.01 0.17 2,042 42,532

18 Assumes 6.5 workers per training and certified applicators conduct 15% of worker trainings.

19 Assumes 6.5 workers per training and tr ained trainers conduct 85% of trainings
20 1,785,100 workers minus .8% of workers that work less than 2 days (14,995), minus returning handlers (84%) that have received h andler training and therefore do not need worker training (134,952).
21 Assumes 14% of handlers are trained by certified applicators.
22 Assume the certified applicator trainer is the agricultural establishment owner.
23 Assume there are 4 training sessions for every 5 farms or 80 % of the 33,766 large farms have a training session and therefore a re required to keep records. For the 93,125 large-small farms, there is 1 training session for every 2 fa rms or 46,562 training sessions. Added together there are 73,575 trainers. For the number of responses, a ssume 1.2661 handlers per training session or a total of 1609,657 hand lers trained.
24 Assumes that there are 1.16 sessions per establishment and that .16 is the new hire rate per year for handlers.*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 33 of 42 Train handlers of CPHEs Trainers of certified applicators 25 508 508 37.87 1 37.97 508 19,238

Trainers who completed a
Train-the
Trainer

program 26 363 363 37.87 1 37.87 363 13,747

Certified Applicator of
RUPs 27 2,759 2,759 37.87 1 37.87 2,759 104,483

Attend handler training on CPHEs Handlers of CPHEs 17,080 17,080 20.10 1 20.1 17,080 343,308

Record and
Maintain records of handler training (CPHE) CPHE employers 28 2,793 3,691 30.30 0.07 2.02 242 7,335

Sign acknowledgemen t of handler training and receive a copy Handlers of CPHEs 17,080 17,080 20.10 0.01 0.017 142 2,861

TOTALS 2,385,976 6,028,368 2,588,597 $53,774,907

* Estimates may not add due to rounding. Respondents are counted only once. 1318
1319 (10) Personal Protective Equipment Information 1320
1321 Respirator Users: Medical Evaluation, Fit Testing and Respirator Training 1322
1323 WPS handler employers (147,414) are required to keep records documenting the completion of 1324 medical evaluation, respirator fit testing, and respirator training for their handlers that wear respirators. 1325 The Agency assumes that 79% of all large and large-small farms that hire labor (160,622) have 1 1326 handler each that will use a respirator resulting in 126,891 handlers that will be required to undergo 1327 respirator training which takes 30 minutes, if they will use a product that will require a respirator other 1328 than a dust-mist filtering face piece. WPS handlers will also be required to complete an initial survey 1329 which the Agency estimates will take 30 minutes to complete, a respirator fit-test which takes 4 1330 minutes, and a respirator medical evaluation reviewed by a health care worker which the Agency 1331 estimates will take 5 minutes to determine pre-existing conditions. The Agency estimates that each 1332 health care worker has 4 cases resulting in 31,723 health care workers reviewing WPS handler 1333 evaluations annually. The Agency assumes that approximately 23% of WPS handlers ((29,185) will 1334 require a follow-up evaluation which will take 4 minutes of the handler’s time. 1335
1336 Agricultural establishment employers with handler s that take the medical evaluation will spend 4 1337 minutes per year to record and maintain medical re cords of handler employees. In addition they will 1338 also spend another 4 minutes to record and maintain information related to the respirator fit test. 1339
1340 CPHE handler employers (2,793) are required to keep records documenting the completion of 1341 medical evaluation, respirator fit testing, and respirator training for their handlers that wear respirators. 1342 The Agency assumes that 100% of all CPHEs handlers will use a respirator resulting in 17,080 1343 handlers that will be required to undergo respirator fit-test training which takes 30 minutes, if they will 1344 use a product that will require a respirator other than a dust-mist filtering face piece. CPHE handlers 1345 will also be required to complete an initial survey which the Agency estimates will take 30 minutes to 1346 complete, a respirator fit-test which takes 4 minute s, and a respirator medical evaluation reviewed by a 1347

25 Assume 14% of 2793 trainers train certifi ed applicators multiplied by 1.3 trainings

26 Assume 10% of 2793 trainers completed train th e trainer program multiplied by 1.3 trainings.

27 Assume 76% of 2,793 commercial app licators multiplied 1.3 trainings.

28 Assume 1.3 training sessions per CPHE.*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 34 of 42 health care worker which the Agency estimates will take 5 minutes to determine pre-existing conditions. 1348 The Agency estimates that each health care worker has 4 cases resulting in 4,270 health care workers 1349 reviewing CPHE handler evaluations annually. The Agency assumes that approximately 23% of CPHE 1350 handlers (3,928) will require a follow-up evaluation which will take 4 minutes of the handler’s time. 1351 (Table 15) 1352
1353 Cleaners of PPE 1354
1355 Handler employers are required to inform the person who cleans or launders PPE equipment or 1356 clothing that the PPE equipment or clothing may be contaminated with pesticides, the harmful effects of 1357 exposure to pesticides and the proper method to clean contaminated personal protective equipment or 1358 clothing and how to protect themselves. The Agency assumes all 304,348 WPS farms using pesticides 1359 and 100% of the CPHEs (2,793) will have to provide this information once annually. The Agency 1360 estimates that it takes WPS and CPHE employers 5 minutes to inform cleaner/launderer persons of this 1361 information. (Table 15) 1362
1363 Maintenance of Closed Systems 1364
1365 For WPS farms that use pesticides and hire labor EPA assumes that 50% of the large and 1366 large-small agricultural establishments or 96,763 (Table 4) have a closed system. EPA estimates that 1367 90% of those agricultural establishments use pestic ides in a given year and approximately 20% are 1368 estimated to have a breakdown of some sort requiring maintenance. The Agency estimates that 1369 17,391 WPS establishments will be required to keep records in a given year and that it takes 3 minutes 1370 to record and store a record. Smaller WPS estab lishments would not typically own such a system. 1371
1372 In addition, for WPS establishments, there are 484,234 (Table 2) agricultural establishments 1373 that that use pesticides but do not hire labor. EPA estimates that there are 9,246 large family farms that 1374 use pesticides. EPA assumes that 1/3 have closed systems (3,082). EPA estimates that about 70% 1375 will use a closed system in a given year and that 20% will have a maintenance issue that requires 1376 record keeping or about 433. The Agency estimates that the total number of WPS establishments that 1377 will be required to keep records in a given year is 17,824 (17,391+433) and that it takes 3 minutes to 1378 record and store a record. (Table 15) 1379
1380 EPA also assumes that 2/3 of CPHEs that hire labor (2,793 x .667 = 1,862) have on average 2 1381 closed systems and that of those systems, 20% will require a maintenance record or about 745 CPHEs 1382 that hire labor will be required to have maintenance record(1,862 x 2) x .20). For self-employed 1383 CPHEs, the agency assumes that 2/3 or 25,553 (38,311 x .667) have 1 closed system and of those 1384 20% or 5,111 will require maintenance (25,553 x .2 = 5,111). The total number of CPHEs required to 1385 comply with this requirement is 5,856. The Agency assumes that CPHEs that have to record 1386 maintenance of closed systems will spend 3 minutes per year per system for recordkeeping. 1387 Establishments that purchase new closed systems will not have any maintenance events in the first 1388
year. 1389
1390 The Agency estimates that the average burden in terms of hours and costs for WPS and CPHE 1391 employers and their worker/handler employees to comply with this requirement is 228,483 hours and 1392 $5,321,440. (Table 15) 1393
1394
1395
1396
1397
1398
1399*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 35 of 42 Table 15: Personal Protective Equipment Information

Activity Respondent Group Number of Respondents Total Responses

Annually Wage
Rate Per Event Average TOTALS

(3-yr. average) ($/hr) Burden Co st Burden Cost ($)

(hours) ($) (hours)

WPS Handler Respirator Training Ag Establishment
Handlers 29 147,414 147,414 20.83 0.50 10.42 73,707 1,535,317

Initial Respirator Survey Ag Establishment
Handlers 147,414 147,414 20.83 0.50 10.42 73,707 1,535,317

Respirator Fit-test Ag Establishment
Handlers 147,414 147,414 20.83 0.07 1.39 9,828 204,709

Medical Evaluation Health Care
Worker 30 36,845 147,414 42.91 0.08 3.58 12,285 527,128

Follow up
Evaluation Ag Establishment
Handlers 31 33,905 33,905 20.83 0.07 1.39 2,260 47,083

Record and
Maintain Records Ag Employer 32 147,414 147,414 28.21 0. 07 1.88 9,828 277,237

Inform Cleaner/launderer Ag Employer 304,348 304,348 28. 21 0.08 2.35 25,362 715,471

Maintenance of Closed System Record Keeping Ag Employer 33 17,824 17,824 28.21 0.05 1.41 891 25,141

CPHE Handler Respirator Training CPHE Handler 34 17,080 17,080 20.10 0. 50 10.05 8,450 171,654

Initial Respirator Survey CPHE Handler 17,080 17,080 20. 10 0.50 10.05 8,540 171,654

Respirator Fit-test CPHE Handler 17,0 80 17,080 20.10 0.07 1.34 1,139 22,887

Medical Evaluation Health Care
Worker 35 4,270 17,080 42.91 0.08 3.58 1,423 61,075

Follow up
Evaluation CPHE Handler 36 3,928 3,928 20.10 0.07 1.34 262 5,264

Record and
Maintain Records CPHE Employer 2,793 2,793 30.30 0.07 2.02 186 5,642

Inform Cleaner/launderer CPHE Employer 2,793 2,793 30.03 0.08 2.50 233 6,989

Maintenance of Closed System Record Keeping CPHE Employer 37 5,856 5,856 30.30 0.05 1.52 293 8,872

TOTALS 513,395 1,176,83 7 228,483 5,321,440

* Estimates may not add due to rounding. Respondents are counted only once. 1400
1401 (11) Exceptions/Exemptions 1402
1403 Exception to Allow a 2-Day Waiting Period prior to Worker Pesticide Safety Training 1404

29 Assume 79% of handlers.
30 Assume 4 WPS handler cases per health care worker

. 31 Assume 23% of the 79% of WPS handlers.
32 Assume all large and large-small farm s with handlers that use respirators.
33 Assume 50% of large and large-small farms.
34 Assume 100% of CPHE handlers.
35 Assume 4 CPHE handler cases per health care worker

. 36 Assume 23% of CPHE handlers.
37 Assume 66.7% of CPHEs have 2 systems that require record keeping.*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 36 of 42 1405 A worker may perform tasks in a treated area for 2 days before receiving the pesticide safety 1406 worker training. Prior to conducting any tasks in a treated area, the worker must be provided a copy of 1407 an EPA-approved pesticide right-to-know sheet and its cont ents communicated to the worker orally in a 1408 language the worker understands. The Agency assumes that this requirement takes 10 minutes of the 1409 agricultural establishment owner and workers time. The agricultural employer must maintain records of 1410 this communication for 2 years on the agricultural establishment. The Agency estimates that the 1411 recordkeeping will take the agricultural establishment 10 minutes per response. Employers are 1412 required to provide the full pesticide safety training to workers before their third day of work in pesticide 1413 treated area (see Section 6(b)(ii)(9)). 1414
1415 The Agency estimates that 39,466 or 10% of the 394,658 agricultural employers will use this 1416 exception (394,658*0.1). The record must include a c opy of the information provided, the printed name 1417 of the worker, date of birth, and signature of the worker, date of the information was received, the 1418 employer’s name, and the phone number of employer or establishment. The Agency estimates that the 1419 number of workers that receive the right-to-know sheet is 103,740 or 5% of the total number of workers 1420 less the number of WPS handlers ((2,322,610-247,815)*0.05). 1421
1422 The Agency estimates that the total average burden in terms of hours and costs for WPS 1423 employers and their worker and trainers to comply with this requirement is 30,445 hours and $603,314. 1424 (Table 16) 1425
1426

Table 16: Exception to Allow a 2-Day Waiting Period prior to Worker Pesticide Safety Training

Activity Respondent Group Number of Respondents Total Responses

Annually Wage
Rate Per Event Average TOTALS

(3-yr. average) ($/hr) Burden Cost Burden Cost ($) (hours) ($) (hours)

Provide Right to
Know Information Sheet to Agricultural
Worker Agricultural
Establishment Employer 39,466 39,466 28.21 0.17 4.70 6,578 185,555

Create, Collect,
and Maintain
Workers records for 2

years Agricultural
Establishment Employer 39,466 39,466 28.21 0.17 4.70 6,578 185,555

Receive Right to Know Sheet
and Acknowledge Receipt of Sheet Agricultural
Workers 103,740 103,740 13.43 0.17 2.24 17,290 232,204

Total 143,206 182,671 30,445 $603,314

* Estimates may not calculate due to rounding. Respondents are counted only once. 1427
1428 Notification of Exceptions for Early Entry 1429 If the agricultural employer directs a worker to perform activities in a treated area where an REI 1430 is in effect (i.e., early entry), the agricultural employer must notify the worker certain required 1431 information regarding that entry. The Agency estimates that approximately 427,360 or 18.4% of the 1432 2,322,610 workers are involved in early entry events per year based on the Agencies assumption that 1433 50% of agricultural workers will be involved in an early entry event which implies that 20% of workers 1434*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 37 of 42 on an agricultural establishment applying pesticides. Since 87.4% of workers are employed on farms 1435 that apply pesticides in any given year, there is a 17.5% chance that an agricultural worker will be 1436 involved in an early entry event (0.20 x 0.874 = 17.5%) 38 . The Agency also estimates that 1437 approximately one third of all agricultural establishm ents will have an early ent ry event that requires 1438 notification assuming that the greatest number of events would be 394,658 or 1 event per 1439 establishment over a 3 year period. This results in 131,421 responses for agricultural establishments 1440 (394,658 X 0.333). On average, 3 minutes of each WPS establishment employer's time and 3 minutes 1441 of each involved worker’s time will be required for eac h oral notification during any early entry events. In 1442 addition, each WPS establishment employer will spend another 4 minutes per early entry event 1443 (131,421) to create and maintain a record of information for this notification for the 406,457 workers that 1444 are estimated to be involved in an early entry event. 1445
1446 The proposed rule would require that employers of workers involved in early entry activities 1447 retain records of the notification for two years including the acknowledgement of notification by printed 1448 name and signature of workers. The Agency also estimates that each agricultural establishment 1449 employer who informs workers of label informati on and workers that read or receive orally label 1450 information due to an early entry event will take 30 seconds per event. 1451
1452 The Agency estimates that the total average burden in terms of hours and costs for WPS 1453 employers and their worker/handler employees to comply with this requirement is 1,359 hours and 1454 $24,722. (Table 17) 1455
1456 Table 17: Notification of Exception for Early Entry

Activity Respondent Group Number of Respondents Total Responses

Annually Wage
Rate Per Event Average TOTALS

(3-yr. average) ($/hr) Burden Co st Burden Cost ($)

(hours) ($) (hours)

Oral Notifications Ag.
Establishment Employer 394,658 131,421 28.21 0. 05 0.02 110 3,089

Receive Oral Notification Sign
and Receive Acknowledgement Ag. Worker 39 427,360 427,360 13.43 0.05 0.01 356 4,783

Create and
Maintain Records for 2 years Ag.
Establishment Employer 131,421 131,421 28.21 0. 07 0.03 183 5,149

Inform Workers of Label Information Ag.
Establishment Employer 394,658 131,421 28.21 0. 08 0.04 183 5,149

Read Label or Receive Info Orally Ag. Worker 406,457 406,457 13. 43 0.08 0.02 565 7,582

TOTALS 801,115 1,228,080 1,359 $24,722

* Estimates may not add due to rounding. Respondents are counted only once. 1457
1458
1459
1460

38 Based on the Economic Analysis of Proposed Re visions to the Worker Protection Standard; Appendix A - Cost Estimation of Potenti al Regulations; Notify-07.
39 Assume 18.4% of 2,322,610 agricultural workers.*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 38 of 42 6(c). Estimating Agency Burden and Cost 1461
1462 This ICR involves activities conducted by respondent s, including notification to third parties. 1463 EPA does not conduct any activities or collect any information under this ICR so there is no Agency 1464 burden and cost to estimate. 1465
1466 6(d). Estimating the Total Burden and Costs 1467
1468 The following section details the respondents’ total burden and cost for the activities detailed in 1469 the previous tables. Using the estimates for the number of respondents for each activity and the 1470 associated per respondent burden and cost estimates derived in the preceding sections, the Agency 1471 calculated the total burden and costs (Table 18). Because the Agency does not collect information, the 1472 Agency does not have any associated burden or cost. 1473
1474 6(e). Total Burden Hours and Cost Tables 1475
1476

Table 18: Total Estimated Burden Hours And Costs

Hours Costs

Respondents 

### 8,355,847 $198,501,788

Agency n/a n/a

1477 6(f). Reasons for Changes in Burden 1478
1479 The total estimated annual respondent burden for this ICR renewal for respondents is 8,355,847 1480 hours. This is an increase of 6,579,716 hours from the 1,776,131 total burden hours estimated in the 1481 currently-approved ICR. The increase in burden is due to both program changes and adjustments. 1482 The program changes include modifications to restrictions in field entry activities during restricted entry 1483 intervals; increased hazard communications; increased training (for both workers and handlers); 1484 increased posting of pesticide application information; provisions for information during emergency 1485 assistance; recordkeeping for respirator requirements and for workers performing early entry activities. 1486 Adjustments from the previous ICR are also made where appropriate, due to better information 1487 available on the number of respondents and updated wage rates. 1488
1489 Respondent records are not required to be submitted to the Agency. They are to be retained on 1490 the establishment and accessible for inspection. 1491
1492 There is no change in the level of the Agency’s burden because neither the existing nor 1493 proposed rule imposes any requirements on the Agency. 1494
1495 6(e). Burden Statement 1496
1497 The total annual respondent burden for providing the training and notifications associated with 1498 the proposed Requirements for Protection of Agricultural Workers and Pesticide Handlers is estimated 1499 to be 8,355,847 hours for respondents only, with the incremental burden of the various activities 1500 ranging from 6 seconds per respondent for workers to provide acknowledgements to their employers to 1501 5 hours per respondent to create, gather, record and store information for pesticide application 1502 information. This total estimate includes the third party WPS training and notification requirements, e.g., 1503 provisions requiring employers to: provide employees with pesticide-sp ecific treatment (application) 1504 information in the form of oral or written notificat ion, assure that employees receive basic pesticide 1505 safety information or training, provide emer gency information on pesticide treatments, and notify 1506*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 39 of 42 employees when an exception/exemption to the W PS is being implemented, and provisions requiring 1507 handler notification to employers regarding pesticide treatments (applications), etc. 1508
1509 According to the Paperwork Reduction Act, “burden” means the total time, effort, or financial 1510 resources expended by persons to generate, maintain, retain, disclose, or provide information to or for 1511 a Federal agency. The Agency may not conduct or sponsor, and a person is not required to respond 1512 to, a collection of information unless it displays a currently valid OMB control number. The OMB control 1513 number for this information collection appears at the beginning and end of this document. In addition, 1514 after initial display in the final rule, OMB control numbers for EPA’s regulations are listed in 40 CFR 1515 Part 9 (Attachment E). 1516
1517 The Agency has established a public docket for this ICR under Docket ID No. EPA–HQ–OPP– 1518 2011-0184, which is available for online viewing at www.regulations.gov , or in-person viewing at the 1519 OPP Docket in the EPA Docket Center (EPA/DC). The EPA/DC Public Reading Room is located in the 1520 EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public 1521 Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. 1522 The telephone number for the EPA/DC Public Readi ng Room is (202) 566-1744, and the telephone 1523 number for the OPP Docket is (703) 305-5805. You may submit comments regarding the Agency's 1524 need for this information, the accuracy of the provided burden estimates and any suggested methods 1525 for minimizing respondent burden, including the use of automated collection techniques. 1526
1527 Submit your comments, referencing Docket ID No. EPA–HQ–OPP–2011-0184 and OMB 1528 Control No. 2070-0148, to (1) EPA online using www.regulations.gov (our preferred method), or by mail 1529 to: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), Mail code: 28221T, 1200 1530 Pennsylvania Ave., NW, Washington, DC 20460, and (2) OMB by mail to: Office of Information and 1531 Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th 1532 Street, NW, Washington, DC 20503. 1533
1534*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 40 of 42 ATTACHMENTS TO THE SUPPORTING STATEMENT 1535
1536 Attachments to the supporting statement are available in the public docket established for this ICR 1537 under docket identification number EPA–HQ–OPP–2011- 0184. These attachments are available for 1538 online viewing at www.regulations.gov or otherwise accessed as described in section 6(f) of the 1539 supporting statement, and as noted below. 1540
1541 Attachment
A: 7 U.S.C. 136w - FIFRA Section 25 - Also available online at the US House of Representatives’ US Code website
Attachment
B: 40 CFR 170 - Worker Protection Standard - Also available online at the National
Archives and Records Administration’s Electronic CFR Website
Attachment C: Record of Consultations Between the U.S. Environmental Protection Agency and Respondents to the Information Collection Request: “Worker Protection Standard Training and Notification”

Attachment

D: Wage Rate Tables for Agricultural Employers and Agricultural Workers from the EA

Attachment E: 1542*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 41 of 42 1543 

### Attachment D: Wage Rate Tables for Agricultural Employers and Agricultural Workers 1544 

### From the Worker Protection Standard Economic Analysis - Wage Rate Calculations 1545
1546

Labor Category 40 Base Wage Rate (=W) Benefits (%) 41
(Lb= B/W) Benefits (B) / Hour ($) Loaded Hourly Wage (=W + B) ($)

WPS Establishment 19.75 0.429 8.46 28.21

CPHE 21.21 0.429 9.09 30.30

WPS Worker 9.40 0.429 4.03 13.43

WPS Handler 14.58 0.429 6.25 20.83

CPHE Handler 14.07 0.429 6.03 20.10

Handler Trainer 26.51 0.429 11.36 37.87

Health Care Worker 30.04 0.429 12.87 42.91



### 1. Data Source:
BLS http://www.bls.gov/oes/current/naics2_11.htm



### NAICS: Sector 11 - Agricult ure, Forestry, Fishing and Hunting Standard Occupational Codes

Farmers and
Ranchers 11-
9013 Farmers and Ranchers

Agricultural Managers 11-
9013 Farmer and Ranchers, Other Agricultural Managers
Healthcare
Practitioners 29-
0000 Healthcare Practitioners and Technical Occupations
Pesticide Handlers 37-
3012 Pesticide Handlers, Sprayers, and Applicators, Vegetation Agricultural
Workers 45-
2092 Farmworkers and Laborers, Crop, Nursery, and
Greenhouse 2. Fringe benefits/wage per hour. The average for non farm, non federal civilian
workers. 3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth Edition , EPA-452-02-001, January 2002, pg. 2-34. The loading for
indirect costs is within the range of 20-70% of the load labor rate (wage + benefits) suggested in EPA guidance.

40 Data Source: US Department of Labor. Bureau of Labor Statistics. http://www.bls.gov/oes/current/naics2_11.htm

41 Fringe benefits/wage per hour which is the average for non farm, non federal civilian workers. Note: Most farm workers do not receive fringe benefits.*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 42 of 42 1547