*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 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 for review under EO 12866. 

1 SUPPORTING STATEMENT 

2 FOR AN INFORMATION COLLECTION REQUEST (ICR)

3 

4 1. IDENTIFICATION OF THE INFORMATION COLLECTION 

5 

6 1(a). Title of the Information Collection

7 

8 Protection of Agricultural Workers and Pesticide Handlers 

9 OMB No.: 2070-[new]; EPA No.: 2491.01 

10 

11 1(b). Short Characterization/Abstract

12 

13 This Information Collection Request (ICR) estimates the third-party response burden of 

14 paperwork activities under the proposed “Requirements for Protection of Agricultural Workers and 

15 Pesticide Handlers” at 40 Code of Federal Regulations (CFR) Part 170, assuming that proposed 

16 amendments become final. This is a replacement ICR for the currently approved ICR “Worker 

17 Protection Standard Training and Notification” covering the information collection requirements 

18 contained in the “Worker Protection Standard” (WPS), the current 40 CFR Part 170. 

19 

20 The existing regulation already has provisions for training and notification of pesticide related 

21 information for workers who enter the fields after pesticide application to perform crop-related tasks, as 

22 well as for handlers who mix, load, and apply pesticides. 

23 

24 The proposed changes to the regulation are intended to improve protections and include 

25 revisions to many current provisions as well as the addition of new requirements. Requirements 

26 subject to the Paperwork Reduction Act, if the proposed rule becomes final, would include expanded 

27 and more frequent training for workers and handlers, improved posting of pesticide-treated areas, 

28 additional information before entering a pesticide treated area under an Restricted Entry Interval (REI), 

29 access to more general and application-specific information about chemical hazards in the workplace 

30 and recordkeeping of training and notification activities to improve enforceability and compliance. 

31 

32 Agricultural employers and commercial pesticide handling establishments (CPHEs) are 

33 responsible for providing required training, notifications and information to their employees to ensure 

34 worker safety. No information is collected by the Agency under this ICR. It is estimated that the total 

35 annual response burden is 8,355,847 hours valued at $198,501,788. 

36 

37 

38 2. NEED FOR AND USE OF THE COLLECTION 

39 

40 2(a). Need/Authority for the Collection 

41 

42 The U.S. Environmental Protection Agency (EPA, or the Agency) is responsible for the 

43 regulation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This 

44 responsibility includes promoting worker protection and safety from exposure to pesticides. Current 

45 regulations at 40 CFR Part 170, last revised in 1992, establish requirements to protect agricultural 

46 workers and pesticide handlers from the hazards of pesticides used in the production of agricultural 

47 plants on agricultural establishments. 

48 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 2 of 42 

49 In accordance with FIFRA Section 25, on [Insert date of NPRM publication], EPA issued 

50 proposed revisions to 40 CFR 170, to improve these protections. 

51 

52 Some of the agricultural workforce is occupationally exposed to pesticides and pesticide 

53 residues and that exposure can pose significant long and short term health risks. Workers and 

54 handlers are potentially exposed to a wide range of pesticides with different toxicities and risks. There 

55 is strong general evidence that such risks can occur and that they can be substantially reduced; the 

56 activities subject to this ICR are designed to help reduce these risks by reducing exposure. Overall, the 

57 weight of evidence suggests that these paperwork activities, including the revisions in the proposed 

58 rule, will result in significant health benefits to the nation’s agricultural workers and pesticide handlers. 

59 

60 All of the paperwork activities under this ICR are provided to or for workers and handlers, and 

61 are not reported to EPA. Without the required training, affected employees may be unaware of the 

62 risks of pesticide exposure or how to protect themselves. Without the notifications and information they 

63 would not know, among other things, where specific pesticides have been applied or when it is safe to 

64 enter a treated area, nor would they have pesticide-specific information available for health care 

65 personnel after an acute exposure incident. The agricultural worker protection regulations are enforced 

66 by state agencies. The EPA has received feedback from our state regulatory partners indicating 

67 difficulty enforcing some requirements, due primarily to a lack of records. Proposed recordkeeping is 

68 designed to improve enforcement capability as a means of fostering compliance, thereby improving 

69 protections. 

70 

71 

72 2(b). Practical Utility/Uses of the Data 

73 

74 The ICR activities included in the regulation support the regulation’s intent to protect workers, 

75 handlers and other persons from occupational exposure to pesticides used on an agricultural 

76 establishment. The pesticide safety and application information, safety instructions, pesticide safety 

77 training, and entry restriction notifications required by the regulation are workplace practices designed 

78 to reduce or eliminate exposure to pesticides. 

79 

80 The requirements, such as instructions on safe operations and repair of equipment and 

81 notification regarding use of specific pesticides provide agricultural workers and pesticide handlers with 

82 basic information so they are more informed and better able to protect themselves. The regulation 

83 establishes procedures for responding to exposure-related emergencies and providing medical 

84 personnel with basic information to take responsive measures as appropriate. 

85 

86 Training and notification are targeted at agricultural workers who perform tasks related to the 

87 cultivation and harvesting of plants in areas treated with pesticides, and pesticide handlers who mix, 

88 load, and apply pesticides for use in these areas. The notification and training requirements are 

89 necessary to provide agricultural workers and pesticide handlers with the information they need to 

90 protect themselves from pesticide poisoning and other pesticide-related injuries. Recordkeeping of 

91 training and notification greatly enhances the enforceability of these requirements. 

92 

93 

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

95 

96 3(a). Non-duplication

97 

98 This ICR covers the only notification activities of its kind, and notifications required in this 

99 program occur only once per event. Consequently, duplication is avoided. The regulation provides for 

100 an exemption from the requirements of training for certified applicators of restricted-use pesticides 

101 (RUPs) trained under the Certification and Training Program found in 40 CFR Part 171. Therefore, no 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 3 of 42 

102 duplication of training is imposed. Additionally, the worker and handler pesticide training recordkeeping 

103 was intentionally developed to avoid duplication of training. 

104 

105 3(b) Public Notice Required Prior to ICR Submission to OMB

106 

107 The proposed rulemaking serves as the public notice for this ICR. Interested parties should 

108 submit comments referencing Docket ID No. EPA-HQ-OPP-2011-0184 to the address listed at the end 

109 of this document. Responses will be taken into account in developing the final rulemaking. 

110 

111 3(c). Consultations

112 

113 From 1996 to 2000, EPA held public meetings across the country for open dialogue on rule 

114 implementation, challenges in compliance, and perceived effectiveness. The meetings were open to the 

115 general public. 

116 

117 The agency initiated the National Assessment of the Worker Protection Standard in 2000. 

118 Through this process, the EPA convened stakeholder meetings in Texas, California, and Florida as well 

119 as other states. Participants included representatives from farmworker organizations, cooperative 

120 extension services, commodity organizations, state regulatory agencies, federal agencies, pesticide 

121 manufacturers and distributors, and individual farmworkers and growers. Stakeholders provided 

122 information about the strengths and weaknesses of the rule’s protections and implementation. The EPA 

123 established three workgroups: General training, train-the-trainer, and hazard communication. Each of 

124 the workgroups met apart from the public meetings to assess specific aspects of the WPS and to 

125 recommend improvements. 

126 

127 The assessment concluded with a meeting in Washington D.C. at which the Report on the 

128 National Assessment of EPA’s Pesticide Worker Safety Program was presented. The various individual 

129 opinions and suggestions made during the course of the assessment centered on broad improvement 

130 areas: Promotion of safer work practices, improved training of and communication with all pesticide 

131 workers, increased enforcement efforts and improved training of inspectors, training of health care 

132 providers and monitoring of pesticide incidents, and finally, program operation, efficiency and funding. 

133 While some of the recommendations have been addressed through grants, program guidance, and 

134 outreach, others required regulatory changes. 

135 

136 During the initial stages of the framing of this proposal, the Federal Advisory Committee for the 

137 EPA pesticide program, the Pesticide Program Dialogue Committee, formed a workgroup to provide 

138 feedback to the EPA on areas proposed for change. The workgroup had over 70 members representing 

139 a wide range of stakeholders. The EPA shared with the workgroup suggestions for regulatory change 

140 identified through the National Assessment of the Worker Protection Program and solicited comments. 

141 The workgroup never reached consensus; they focused on evaluating areas for change that the EPA 

142 was considering and providing feedback from the perspective of each member. 

143 

144 3(d). Effects of Less Frequent Collection

145 

146 Training and notifications in this program are required only once per event, as specified in 40 

147 CFR 170. Consequently, the possibility for less frequent training and notification does not exist under 

148 current regulations or proposed amendments. Less frequent training and notification would increase 

149 risk to agricultural workers and handlers. 

150 

151 3(e). General Guidelines 

152 

153 This information collection adheres to OMB’s guidelines at 5 CFR 1320.5(d), except section 

154 1320.5(d)(2)(iv). Section 1320.5(d)(2)(iv) states that the retention of records of should not be for more 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 4 of 42 

155 than three years. The regulation proposes retention of records to be two years. 

156 

157 EPA has concluded that the proposed option to retain records of training for two years will 

158 address the difficulties in effectively enforcing the rule. The recordkeeping period of two years would 

159 ensure that state and federal agencies, workers, handlers, and health care workers have access to the 

160 information when necessary to investigate a health-related pesticide incident or potentially unlawful 

161 pesticide application. 

162 

163 3(f). Confidentiality 

164 

165 The Agency is not collecting information under this ICR; the collection focuses on recordkeeping 

166 and third-party training and notification requirements. Further, this activity complies with the provisions 

167 of the Privacy Act of 1974 and OMB circular A-108. 

168 

169 

170 4. THE RESPONDENTS AND THE INFORMATION REQUESTED 

171 

172 4(a). Respondents/NAICS Codes 

173 

174 Respondents affected by the collection activities under this ICR are agricultural employers of 

175 agricultural establishments, including employers in farms as well as in nursery, forestry, and 

176 greenhouse establishments. The rule does not cover persons working in livestock. 

177 

178 The North American Industrial Classification System (NAICS) codes have been provided in the 

179 following table to help identify potentially affected categories and entities. This listing is not, however, 

180 intended to be exhaustive. 

181 

NAICS Code Examples of Potentially Affected Entities 

111 - Crop production Agricultural employers – farms and greenhouses

113 - Forestry and logging Agricultural employers – forests 

115 - Support activities for agriculture and forestry Commercial employers 

182 

183 4(b). Information Requested 

184 

185 The regulation contains paperwork related requirements for information exchanges and 

186 notifications, employee trainings, and recordkeeping. The overall estimated potential economic impact 

187 of the proposed changes to the regulation is presented in the document entitled “Economic Analysis of 

188 Proposed Revisions to the Worker Protection Standard” (Economic Analysis), which is available as a 

189 part of the public version of the official record for the amendment. This ICR describes the information 

190 collection activities contained in the proposed regulation, along with the estimated burden and costs 

191 related to those information collection requirements. 

192 

193 The proposed regulation requires employers to collect, disseminate, and maintain information 

194 relating to employee notifications and training, and application of pesticides on agricultural 

195 establishments. The information exchanged and the records maintained as a result of this information 

196 collection provides workers and handlers with the information necessary to protect themselves against 

197 the potential exposure to pesticides. 

198 

199 (i). Data items, including recordkeeping requirements

200 

201 This section describes the categories of recordkeeping and notification requirements under 40 

202 CFR Part 170, assuming that proposed amendments will become final. 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 5 of 42 

203 

204 (1). Basic Pesticide Safety Information (§170.11(a))

205 

206 The agricultural employer is required to display pesticide safety information on the agricultural 

207 establishment. The content of the display includes general safety information to protect against 

208 exposure to pesticides and the contact information of appropriate emergency medical care facility and 

209 pesticide enforcement agency. The pesticide information must be displayed at a place on the 

210 establishment where workers and handlers are likely to pass by or congregate and can be readily seen 

211 and read. The information must also be displayed anywhere decontamination supplies must be 

212 provided. 

213 

214 In the existing WPS, the pesticide safety information is a poster displayed in one location 

215 centrally located. The proposed amendment adds pesticide safety information to be displayed 

216 wherever decontamination supplies are required, and expands the amount of information to be 

217 displayed. 

218 

219 (2). Pesticide Hazard and Application-specific information (§170.11(b)) 

220 

221 For each pesticide application, agricultural employers must record application information and 

222 maintain a copy of the product label and SDS information, store the information and make available 

223 upon request. The requirement to post application-specific information in a central location near the 

224 pesticide safety poster has been eliminated; record keeping has been expanded in content and in 

225 length of the time period stored. 

226 

227 The application record must include the name, EPA registration number, and active ingredients 

228 of the product applied; the crop or site treated and the location and description of the treated area; the 

229 dates and times the application started and ended; and the end date and duration of the REI. 

230 

231 Application-specific information records are to be kept for a period of 2 years. The agricultural 

232 employer must make the information available to any worker, handler or their authorized 

233 representatives upon request during normal work hours. 

234 

235 (3). Notification to Workers of Restricted Entry Areas (§107.109) 

236 

237 The agricultural employer must notify workers of all entry restrictions associated with pesticide 

238 applications. Entry restrictions apply in outdoor production and enclosed space production. The 

239 regulation (Sections 170.105 and 170.107) defines the entry-restricted areas. 

240 

241 Notifications are either oral or by the posting of warning signs, and in certain applications, both 

242 oral and posting are required (i.e., double notification). 

243 

244 For outdoor production, posting of warning signs is required for pesticides that have an REI 

245 greater than 48 hours. If the REI is equal to or less than 48 hours, notification may be given orally or by 

246 posting of warning signs. The signs must be visible from all reasonably expected points of worker entry 

247 to the treated area, including each access road and each border with any worker housing within 100 

248 feet of the treated area, each footpath or other walking route that enters the treated area. If there are 

249 no expected worker entry points, then signs should be posted in the corners of the treated area or 

250 where there is maximum visibility. 

251 

252 For enclosed space production (such as greenhouses), posting of warning signs is required if 

253 the pesticide applied has an REI greater than 4 hours. If the REI is equal to or less than 4 hours, 

254 notification may be given orally or by posting of warning signs. The signs must be visible from all 

255 reasonably expected points of worker entry to the treated area, including each aisle or walking route 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 6 of 42 

256 that enters the treated area. If there are no expected worker entry points, then signs should be posted 

257 in the corners of the treated area or where there is maximum visibility. 

258 

259 Double notification is required if the pesticide product labeling has a statement requiring both 

260 the posting and oral notification. 

261 

262 The signs must be posted prior to application (but no more than 24 hours prior to scheduled 

263 application) and must stay up throughout the REI, but come down within 3 days. If there are no 

264 workers present, then no notifications are needed. 

265 

266 Oral warnings must include the location and description of the entry-restricted area and the 

267 treated area, the dates and times when entry is restricted, and instructions to not enter the entry268 restricted area during application nor the treated area until the REI has expired 

269 

270 (4). Establishment-Specific Information (§170.103 & §170.203(b))

271 

272 The agricultural employer must ensure that workers and handlers have been informed of 

273 establishment-specific information before any worker or handler performs any task on an agricultural 

274 establishment where within the last 30 days a WPS pesticide has been used or an REI for such a 

275 pesticide has been in effect. The employer must provide the information orally, in a manner the worker 

276 or handler can understand. 

277 

278 The establishment-specific information includes the locations of the pesticide safety information 

279 (as described above 4(b)(i)(1)), pesticide application and hazard information, and decontamination 

280 supplies. 

281 

282 (5). Information Exchange between Agricultural Employer and Commercial 

283 Pesticide Handler Employer (§170.9(k), §170.13(h), §170.13(i)-(j)) 

284 

285 Agricultural employer informs CPHE employer of entry restricted area locations (§170.9(k)) 

286 

287 If any handler employed by a CPHE will be working on an agricultural establishment, the 

288 agricultural employer must provide the CPHE employer information about the restrictions on entering 

289 areas, including the specific location and description of any entry restricted areas, or treated areas 

290 where an REI is in effect. 

291 

292 CPHE employer informs handler of entry-restrictions on agricultural establishment (§170.13(h)) 

293 

294 The Commercial Pesticide Handling Establishment (CPHE) employer must ensure that any 

295 handler employed by the CPHE working on an agricultural establishment is provided information about 

296 the restrictions on entering areas, including the specific location and description of any entry restricted 

297 areas, or treated areas where an REI is in effect. 

298 

299 CPHE employer informs agricultural employer prior to application (§170.13(i)) 

300 

301 The CPHE employer must provide the agricultural employer application information prior to making 

302 any pesticide application of the agricultural establishment. The CPHE employer must provide the 

303 specific location and description of the area to be treated; the dates and start and estimated end times 

304 of application; the product name, EPA registration number and active ingredients; REI; whether posting 

305 or oral notification are required; and any restrictions or use directions on the labeling that must be 

306 followed to protect workers, handlers, or other persons during or after application. If there are any 

307 changes to the information (except changes to the end time of less than 1 hour) the CPHE employer 

308 must provide the agricultural employer updated information within 2 hours of the end of the application 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 7 of 42 

309 (§170.13(j)). 

310 

311 (6). Safe Operation of Equipment and Repair (§170.9(i) and §170.11(f), §170.9(g) 

312 and §170.13(l)) 

313 

314 The agricultural employer and CPHE employer must ensure that a handler is instructed in the 

315 safe operation of any equipment used for mixing, loading, transferring or applying pesticides. This 

316 includes informing their own handler employees, as well as informing handler employees not directly 

317 employed by the agricultural or CPHE employer. 

318 

319 Employers, both agricultural employers and CPHE employers, can only assign the tasks to 

320 clean, repair, or adjust pesticide application equipment if they have been trained as a handler. If the 

321 handler assigned to these tasks is not directly employed by the employer, then the employer is required 

322 to inform the persons about the handling of equipment before cleaning, repairing or adjusting 

323 equipment that has been used to mix, load, transfer or apply pesticides. The employer must inform the 

324 handler that pesticide application equipment may be contaminated with pesticides, the potential harmful 

325 effects of pesticide exposure, and procedures for handling pesticide application equipment and for 

326 limiting exposure to pesticide residues, and personal hygiene practices and decontamination 

327 procedures for preventing exposures and removing pesticide residues. 

328 

329 (7). Information Required for Emergency Assistance (§170.9(f)(2) and 

330 §170.13(k)(2)) 

331 

332 If a worker or handler is poisoned or injured by an exposure to pesticides as a result of that 

333 employment, the agricultural employer must provide emergency assistance. That assistance includes, 

334 in part and related to this ICR, pesticide information related to the circumstance of the exposure or 

335 injury. 

336 

337 The agricultural employer must provide to the person (worker or handler) or to the treating 

338 medical personnel copies of the Safety Data Sheet (SDS) and the pesticide product label (or the 

339 following information listed on the product labeling: product name, EPA registration number, active 

340 ingredients, antidote and first aid and medical treatment information), the circumstances of application 

341 or use of the pesticide(s), and the circumstances that could have resulted in exposure to the 

342 pesticide(s). §170.9(f)(2)

343 

344 Similarly, the CPHE employer must provide to the person (employed by the CPHE on the 

345 CPHE) or to the treating medical personnel copies of the Safety Data Sheet (SDS) and the pesticide 

346 product label (or the following information listed on the product labeling: product name, EPA registration 

347 number, active ingredients, antidote and first aid and medical treatment information), the circumstances 

348 of application or use of the pesticide(s), and the circumstances that could have resulted in exposure to 

349 the pesticide(s). §170.13(k)(2))

350 

351 (8). Pesticide Safety Training for Workers and Handlers (§170.101 and §170.201) 

352 

353 All workers, who are not trained as handlers (or other exception that satisfies the safety 

354 training), require training on an agricultural establishment before the third day the worker performs any 

355 task on an agricultural establishment where, within the last 30 days, a pesticide product bearing a WPS 

356 label has been applied or an REI has been in effect. 

357 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 8 of 42 

358 All workers, who are not trained as handlers, require training on their first day of employment on 

359 a WPS establishment and must be retrained annually. This worker training session must be conducted 

360 by either an individual who has completed the train-the-trainer program or a trainer of certified 

361 applicators. During the first 2 years after the effective date of the final rule, a certified applicator of 

362 restricted use pesticides (RUPs) under 40 CRF Part 171 may also conduct worker training. By year 3 

363 of the ICR, certified applicators may no longer train workers. 

364 

365 All handlers, both on agricultural establishments and commercial pesticide handling 

366 establishments will require annual training. The handler training session lasts one hour and must be 

367 conducted by an individual who has completed the train-the-trainer program, a trainer of certified 

368 applicators, or a certified applicator of RUPs. 

369 

370 Agricultural Worker Training (§170.101)

371 

372 The agricultural employer must assure that each agricultural worker is trained in pesticide safety 

373 in a manner that the worker can understand by the start of the third day of employment on the 

374 establishment where a WPS product was applied within the last 30 days, or before workers enter 

375 treated areas to perform early-entry activities. Under EPA’s proposed amendments, the worker training 

376 grace period is eliminated along with the worker basic summary training. All workers will now receive 

377 the full worker training session annually instead of once every 5 years. The person who conducts the 

378 training must have either completed the train-the-trainer program or be a trainer of certified applicators. 

379 The training is expanded to cover the 11 points described in 40 CFR 170.130(c)(3) as well as take 

380 home exposure, early entry notification, establishment-specific information, and hazard information 

381 (SDS). 

382 

383 The agricultural employer must retain records of training for 2 years, including the trained 

384 worker’s printed name and signature, the trained worker’s date of birth, the date of the training, 

385 information identifying which EPA-approved training materials were used, the trainer’s name and 

386 documentation showing the trainer met the requirements of trainer, and the agricultural employer’s 

387 name. The agricultural employer is responsible for providing the worker a record of the training which 

388 includes all the information recorded. 

389 

390 Pesticide Handler Training (§170.201) 

391 

392 The handler employer must assure that each pesticide handler is trained annually in pesticide 

393 safety, covering the 13 points described in 40 CFR 170.230(c) before they perform any handling task. 

394 The content is also expanded to include the following: take home exposure; observe entry restricted 

395 area limitations; establishment-specific information; hazard information (SDS); and assure proper 

396 respirator fit-test, training, and medical evaluation. 

397 

398 The handler employer must retain records of training for 2 years, including the trained handler’s 

399 printed name, date of birth and signature, date of the training, information identifying which EPA400 approved training materials were used, the trainer’s name and documentation showing the trainer met 

401 the requirements of trainer, and the handler employer’s name. The pesticide handler employer is 

402 responsible for providing the handler a record of the training which includes all the information 

403 recorded. 

404 

405 (9). Personal Protective Equipment Information and Records 

406 

407 Provide handler medical evaluation, fit testing and respirator training and recordkeeping 

408 (§170.207(b)(9)) 

409 

410 Pesticide handler employers must provide handlers with a medical evaluation by a licensed 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 9 of 42 

411 health care professional to ensure the handler’s physical ability to safely wear the respirator (that 

412 conforms with provisions 29 CFR 1910.134). Pesticide handler employers must also provide handlers 

413 with fit-testing 170.207(b)(i) and respirator training of the respirator specified on the pesticide product 

414 label (§170.207(b)(9)(ii)) that conforms with Occupational Health and Safety (OSHA) Standard 

415 “Personal Protective Equipment” provisions 29 CFR 1910.134. 

416 

417 The pesticide handler employer must maintain records documenting the completion of the 

418 medical evaluation, fit testing and respirator training that conform with 29 CFR 1910.134 for 2 years. 

419 

420 Inform the cleaner/launderer of personal protective equipment (§170.207(d)(8)) 

421 

422 The pesticide handler employer must inform any person who cleans or launders personal 

423 protective equipment (PPE) that such equipment may be contaminated with pesticides, the potentially 

424 harmful effects of exposure to pesticides, the correct ways to clean personal protective equipment and 

425 to protect themselves when handling such equipment, and the proper decontamination and personal 

426 hygiene practices. 

427 

428 Records for closed system maintenance (§170.307(d)(3)(i)) 

429 

430 All handler employers of establishments with closed systems must retain records of system 

431 maintenance for 2 years. Maintenance of closed system is to be done as specified in its written 

432 operating instructions and as needed to make sure the system functions properly. 

433 

434 (10). Exceptions/Exemptions 

435 

436 Waiting period prior to worker training exception (§170.309(c)): Pesticide right-to-know 

437 information sheet

438 

439 A worker may perform tasks in a treated area for 2 days before receiving the worker training. 

440 The worker must be provided a copy of an EPA-approved pesticide right-to-know sheet and its contents 

441 communicated to the work orally in a language the worker understands prior to conducting any tasks in 

442 a treated area. 

443 

444 The agricultural employer must maintain records of this communication for 2 years on the 

445 agricultural establishment. The record includes a copy of the information provided, the printed name of 

446 the worker, date of birth, and signature of the worker, date of the information was received, the 

447 employer’s name, phone number of employer or establishment. 

448 

449 Exceptions/ Exemptions for Early Entry Notification

450 

451 Early entry notifications (§170.305(a)) 

452 

453 If an agricultural employer directs a worker to perform activities in a treated area where an REI 

454 is in effect, the employer must inform each early-entry worker, orally, the date of the entry, location of 

455 the early-entry area, the pesticide(s) applied, dates and time that the REI begins and ends, and the 

456 exception of the regulation that allows the early entry and the description of tasks performed under the 

457 exception, contact with the treated surfaces permitted, amount of time the worker is allowed in the 

458 treated area, the PPE required by the label for early entry, and the location of the pesticide safety 

459 display and decontamination supplies. The agricultural employer must ensure that each worker either 

460 has read the pesticide product labeling or has been informed, in a manner that the worker can 

461 understand, of all labeling requirements and statements related to human hazards or precautions, first 

462 aid, and user safety. 

463 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 10 of 42 

464 Inform workers of label information (§170.305(c)) 

465 

466 The agricultural employer must ensure that each worker, prior to early entry, has read the 

467 pesticide product labeling or has been informed, in a manner that the worker can understand, the 

468 labeling requirements and statements related to human hazards or precautions, first aid, and user 

469 safety. 

470 

471 Early entry notifications records (§170.305(b)) 

472 

473 The agricultural employer is required to keep records of worker early entry activities including 

474 information detailed above with the exception of labeling related to hazard and precautions. This 

475 information, including acknowledgement of notification by printed name, date of birth and signature of 

476 each early-entry workers who received the information, is to be retained for 2 years. 

477 

478 

479 (ii) Respondent Activities

480 

481 To respond to this ICR, agricultural establishment employers, and/or commercial pesticide 

482 handling establishment (CPHE) employers, generally will engage in the following activities. Specific 

483 requirements are identified to fulfill the conditions of the major activity. Respondents must do the 

484 activities listed under eleven categories in this section. 

485 

486 

487 (1) Rule familiarization 

488 Activity: Agricultural employers and CPHE employers to learn rule requirements. 

489 

490  Read 40 CFR Part 170, and read specific pesticide labels related to pesticide 

491 application. Agricultural employers and commercial pesticide handling establishment 

492 (CPHE) employers will need to read the regulation in order to familiarize themselves with 

493 the requirements. 

494 

495 (2). Basic Pesticide Safety Information (§170.11(a)) 

496 Activity: The agricultural employer posts pesticide safety information on agricultural 

497 establishment. The employer would: 

498 

499  Obtain or create pesticide safety display with content outlined in the regulation. EPA500 approved posters will be readily available. 

501  Post safety information displays at a place on the establishment where workers and 

502 handlers are likely to pass by or congregate and can be readily seen and read. The 

503 information must also be displayed anywhere decontamination supplies must be 

504 provided. 

505  Add location specific content to the basic safety information, including the name, 

506 address and telephone number of the lead state or tribal agency responsible for 

507 pesticide enforcement, and emergency medical facility contact name, address and 

508 phone number. 

509  Inform workers and handlers of changes to the required information at beginning of next 

510 work day on agricultural establishment and promptly update display. 

511 

512 (3) Pesticide Hazard and Application-specific Information (§170.11(b)) 

513 Activity: Gather, record and maintain pesticide hazard and application-specific 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 11 of 42 

514 information. 

515 

516  Record required application-specific information and maintain a copy of SDS and 

517 pesticide label. The application-specific information required is as follows: 

518  the pesticide name, 

519  EPA registration number, 

520  and active ingredients of the product applied, 

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

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

523  the end date and duration of the REI. 

524  Retain record for 2 years. 

525  Also, agricultural employers must make information available upon request for workers, 

526 handlers or authorized representatives during normal work hours. 

527 

528 (4) Notification to Workers of Restricted Entry Areas (§107.109) 

529 Activity: Notify workers of entry restrictions to treated areas. 

530 

531  The agricultural employer must notify workers of all entry restrictions associated with 

532 pesticide applications either orally or by posting warning signs, or both, as defined by the 

533 regulation and label.

534  In outdoor production, employers give oral notification to workers for all REIs equal to or 

535 less than 48 hours and for all double notification products. Post warning signs for all 

536 REIs greater than 48 hours and for all double notification products. The signs must be 

537 placed where they are visible from all expected points or worker entry to the treated 

538 area, including each access road and each border with any worker treated area. 

539  In enclosed space, posting of warning signs is required if the pesticide applied has an 

540 REI greater than 4 hours. If the REI is equal to or less than 4 hours, notification may be 

541 given orally or by posting of warning signs. Warning signs must be visible from 

542 reasonably expected points of worker entry to the treated area, including each aisle or 

543 walking route that enters the treated area. 

544  Signs are posted prior to (but no sooner than 24 hours before the application), and stay 

545 up for the duration of the REI. 

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

547 whichever is later. 

548  Oral notifications are given to workers prior to the application, if workers are on the 

549 premises; otherwise, the oral notification is given after the application at the start of the 

550 worker’s first work period on the agricultural establishment. 

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

552 the following: 

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

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

555  Instructions not to enter the entry-restricted area during application and not to 

556 enter the treated area until the REI has expired. 

557 

558 (5) Establishment-Specific Information (§170.103 & §170.203(b)) 

559 Activity: Provide establishment-specific information. 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 12 of 42 

560 

561  Agricultural employer informs workers and handlers of the locations of the pesticide 

562 safety information, pesticide application and hazard information, and decontamination 

563 supplies. 

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

565 

566 (6) Information Exchange between Agricultural Employer and Commercial 

567 Pesticide Handler Employer (§170.9(k), §170.13(h), §170.13(i)-(j)) 

568 Activity: Provide application information to agricultural employers, CPHE employers and 

569 handlers. 

570 

571  For pesticide applications, the agricultural employer informs the CPHE employer of entry 

572 restricted area locations, including the specific location and description of any entry 

573 restricted areas, or treated areas where an REI is in effect. 

574  The CPHE employer ensures that any handler employed by the CPHE working on the 

575 agricultural establishment is provided information about restrictions on entering areas, 

576 including the location and description of any entry restricted areas or treated areas 

577 where an REI is in effect. 

578  The CPHE employers notify the agricultural employer of the specifics of the treatment 

579 prior to making the application on the agricultural establishment, the dates and start and 

580 estimated end times of application, the product name, the EPA registration number and 

581 active ingredients, REI, whether posting or oral notification are required, and any 

582 restrictions or use directions on the labeling. 

583  The CPHE employer informs the agricultural employer if there are any changes to the 

584 application information (except changes to the end time of less than one hour) within 2 

585 hours of the end of the application. 

586 (7) Safe Operation of Equipment and Repair (§170.9(i) and §170.11(f), §170.9(g) 

587 and §170.13(l))

588 Activity: Instruct handlers on safe operation and repair of equipment. 

589 

590  Handler employers, including agricultural employers and CPHE employers, must ensure 

591 that a handler is instructed in the safe operation of equipment. 

592  The employer must inform the handler that pesticide application equipment may be 

593 contaminated with pesticides, the potential harmful effects of pesticide exposure, and 

594 procedures for handling pesticide application equipment and for limiting exposure to 

595 pesticide residues, and personal hygiene practices and decontamination procedures for 

596 preventing exposures and removing pesticide residues. 

597 

598 (8) Information Required for Emergency Assistance (§170.9(f)(2) and §170.13(k)(2)) 

599 Activity: Provide pesticide-specific information to workers and handlers or medical 

600 personnel in case of an emergency. 

601 

602  If a medical emergency exists, the agricultural employer or CPHE employer must 

603 provide to the person (worker or handler) or to the treating medical personnel with 

604 specific information regarding the application: 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 13 of 42 

605  copies of the SDS and the pesticide product label (or, information listed on the 

606 labeling, including product name, EPA registration number, active ingredients, 

607 antidote and first aid and medical treatment information), 

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

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

610 

611 

612 (9) Pesticide Safety Training for Workers and Handlers (§170.101 and §170.201) 

613 Activity: Arrange for training of workers and pesticide handlers. 

614 

615  Train or arrange for pesticide safety training for all existing workers and handlers as well 

616 as new workers and handlers. Workers being sent into pesticide treated areas must be 

617 trained by the start of their third day performing tasks on an agricultural establishment 

618 where, within the last 30 days, a pesticide product bearing a WPS label has been 

619 applied or an REI has been in effect. Training for workers (who have not received 

620 handler training) and handlers is required annually. Content is outlined in the regulation 

621 at §170.101 for workers and §170.201 for handlers. 

622  Worker and handler pesticide safety trainings are conducted by those designated as a 

623 qualified trainer. To train workers, the trainer must be designated as a trainer of certified 

624 applicators by EPA or a state or tribal agency responsible for pesticide enforcement, or 

625 must have completed a pesticide safety train-the-trainer program approved by EPA. To 

626 train handlers, the trainer must be designated as a trainer of certified applicators or 

627 handlers by EPA or a state or tribal agency responsible for pesticide enforcement, or 

628 must have completed a pesticide safety train-the-trainer program approved by EPA. In 

629 addition, certified applicators are eligible to train handlers. There is a delayed 

630 implementation regarding the qualifications of trainers of agricultural workers for 2 years 

631 after the effective date of the final rule, whereas a certified applicator of RUPs may also 

632 conduct worker training. (Refer to §170.101(c)(4) and (§170.201(c)(4))

633  Employers must keep records of training including acknowledgements for 2 years. The 

634 records may be created by the trainer or the employer, but it is the agricultural 

635 employer’s responsibility to document and maintain records. 

636  Training records must include: 

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

638  the trained worker or handler’s signature, 

639  the date of birth of worker or handler, 

640  the date of the training, 

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

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

643 of trainer, and 

644  the agricultural employer’s name. 

645 

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

647 

648 (10) Personal Protective Equipment Information and Records 

649 Activity: Provide respirator training, medical evaluation and fit test to handlers. 

650 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 14 of 42 

651 Respirator Users: Medical evaluation, fit testing and respirator training 

652 

653  Pesticide handler employers, which includes agricultural employers and CHPE 

654 employers, must provide handlers with respirator training of the respirator specified on 

655 the pesticide product label. The training must conform with the provisions of OSHA’s 29 

656 CFR 1910.134.  

657  Current OSHA provisions regarding training and information (CFR 1910.134(k)) requires 

658 the employer to provide effective training to employees who are required to use 

659 respirators. The training must be comprehensive, understandable, and recur annually 

660 and more often if necessary. 

661  Handler employers must create and maintain records to document the completion of 

662 required medical evaluation, fit testing and respirator training of a handler that conform 

663 with OSHA’s Personal Protective Equipment Respiratory Program 19 CFR 1910.134 for 

664 2 years. 

665  Fit testing Recordkeeping: OSHA’s Personal Protective Equipment 1910.134 

666 “Respiratory Program” requires the employer to establish a record of the qualitative and 

667 quantitative fit tests administered to an employee including: 

668  The name or identification of the employee tested; 

669  Type of fit test performed; 

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

671  Date of test; and 

672  The pass/fail results for QLFTs or the fit factor and strip chart recording or other 

673 recording of the test results for QNFTs. 

674  Respiratory Training Recordkeeping: OSHA’s 1910.134 does not outline specific 

675 information required to document respiratory training, but employers need to 

676 demonstrate compliance with the required training, at a minimum noting who was trained 

677 and when the training occurred. 

678 

679 Cleaners of PPE 

680 

681  The pesticide handler employer must inform any person who cleans or launders 

682 personal protective equipment (PPE) that such equipment may be contaminated with 

683 pesticides, the potentially harmful effects of exposure to pesticides, the correct ways to 

684 clean personal protective equipment and to protect themselves when handling such 

685 equipment, and the proper decontamination and personal hygiene practices.  

686 

687 Maintenance of Closed Systems 

688 Activity: Create and retain records for closed system maintenance. 

689 

690  Employers of establishments with closed systems must retain records of system 

691 maintenance for 2 years. 

692 

693 (11) Exceptions/Exemptions 

694 

695 Exception to Allow a 2-Day Waiting Period prior to Worker Pesticide Safety Training 

696 Activity: Provide Right-to-Know pesticide information sheet and oral presentation 

697 of information to workers. 

698 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 15 of 42 

699  Agricultural employers must provide pesticide safety training to workers by the start of the third 

700 day of work into a treated area. If an employer waits to train workers, the employer may direct 

701 workers into a treated area (that is not under an REI if he/she provides a pesticide information 

702 sheet meeting the WPS requirements. Prior to the worker entering a treated area to perform 

703 tasks, the agricultural employer must communicate the contents (specified at 170.309(d)) in a 

704 language the worker understands. 

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

706  The employer must make a record, recording printed name of the worker, date of birth, date of 

707 the information communicated, the employer’s name and phone number. The worker must sign 

708 the record. A copy of the information sheet must be maintained along with the required details. 

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

710 

711 Notification of Exceptions for Early Entry

712 Activity: Notify workers of terms of exceptions/exemptions allowing for tasks to be 

713 performed in treated areas. Keep records of these early-entry notifications.

714  When using regulation exceptions or exemptions for early entry of workers into a treated area, 

715 the agricultural employer must explain the exception or exemption to the workers. Specifically, 

716 the agricultural employer informs each early-entry worker, orally, the following information: 

717 

718  The date of entry, 

719  Location of the early-entry area, 

720  Pesticide(s) applied, 

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

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

723  Description of the tasks performed under the exception, 

724  Contact with the treated surfaces permitted, 

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

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

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

728 

729 In addition, the agricultural employer must ensure that each worker either has read the pesticide 

730 product labeling or has been informed, in a manner that the worker can understand, of all 

731 labeling requirements and statements related to human hazards or precautions, first aid, and 

732 user safety. 

733 

734  The employer records the information provided in written format, collects the early-entry 

735 worker’s signature after the worker receives the information orally, along with the printed name 

736 and date of birth. 

737  Employers must also keep these early entry notification records for 2 years including written 

738 acknowledgements that the workers received the information orally. 

739  Additionally, the employer must ensure that each early-entry worker has read the pesticide 

740 product labeling or has been informed in a manner the worker can understand, the labeling 

741 requirements and statements related to human hazards, precautions, first aid, and user safety. 

742 

743 

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

Page 16 of 42 

745 AND INFORMATION MANAGEMENT 

746 

747 5(a). Agency Activities

748 

749 This ICR does not involve EPA activities; respondents provide training, notify third parties, and 

750 create and retain records. 

751 

752 5(b). Collection Methodology and Management

753 

754 EPA does not collect or manage information under this ICR. Respondents are allowed flexibility 

755 in how they collect and manage the information. 

756 

757 5(c). Small Entity Flexibility 

758 

759 The protections under 40 CFR Part 170 depend upon workers receiving the various training and 

760 notifications contained in the regulation. These requirements cannot be reduced for small 

761 establishments without significantly compromising the protections offered to their workers and handlers. 

762 As such, small entities are required to follow the same requirements as larger establishments, unless 

763 exempted as a solely family-operated establishment under existing 40 CFR 170.204(a) or at the 

764 proposed 40 CFR 170.301(a). Under this exemption, the owner of an agricultural establishment is not 

765 required to provide certain protections to himself or members of his immediate family who are 

766 performing handling tasks on their own agricultural establishment. 

767 

768 5(d). Collection Schedule

769 

770 This ICR does not involve agency collection activities. 

771 

772 

773 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 

774 

775 The PRA requires the EPA to estimate the “paperwork burden,” i.e., the total time, effort, or 

776 financial resources expended by persons to generate, maintain, retain, or disclose or provide 

777 information to or for a Federal Agency. This can include the resources to: review instructions; develop, 

778 acquire, install, and use technology and systems; search data sources; collect, review, validate, and 

779 verify information/data; process and maintain information/data; disclose and transmit/submit 

780 information/data; change/adjust the existing ways of complying with any previously applicable 

781 instructions and requirements to now comply with new requirements; and, train personnel. The agency 

782 is also required to estimate the paperwork costs, which include both the costs associated with the 

783 paperwork burden hours, and any additional costs not tied to a burden hour, but incurred under the 

784 PRA nonetheless. 

785 

786 In this section, the Agency describes the assumptions and methods used to estimate the total 

787 cost and hourly burden estimates for all of the rule requirements, assuming that the proposed 

788 amendments become final. Tables 5-17 list the estimated burden hours and costs associated with this 

789 ICR. The estimates are based on the information and figures contained in the “Economic Analysis of 

Proposed Revisions to the Worker Protection Standard,”1 790 as well as information obtained by the 

791 Agency from the U.S. Department of Labor’s Bureau of Labor Statistics (BLS) for wage rates, and U.S. 

792 Department of Agriculture’s special tabulation for the number of farms that hire workers and use 

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 

795 6(a). Respondent Burden 

796 

797 The type of respondent burden considered in this analysis is administrative burden. 

798 Administrative burden is defined as the time spent to record, file and store records related to the 

799 requirements in this information collection request. Respondents include employers of agricultural 

800 workers and handlers as well as persons that come into contact with pesticides as part of their 

801 occupation. The burden includes the respondent’s time to provide, receive, and gather pesticide802 related information and may include activities such as becoming familiar with the rule and regulations, 

803 conducting, attending or receiving pesticide safety training, respirator fit testing for persons required to 

804 use respirators, developing and taking medical evaluations, preparing and posting pesticide safety and 

805 application information signs, providing safety information, providing oral and written notification to 

806 persons who may enter restricted entry areas, site specific pesticide application information, exchange 

807 of information between employers and employees, and informing persons including workers, handlers 

808 and persons that will be cleaning and laundering clothing and equipment that clothing and equipment 

809 may contain pesticide residues. 

810 

811 Estimates of burden are based on Agency assumptions unless otherwise noted for each 

812 requirement and activity. The Agency estimates the burden in terms of the time it takes for respondent 

813 to perform a given activity. Then that time estimate is multiplied by the number of respondents or the 

814 number of responses depending upon the activity, to determine the total time burden. The burden 

815 estimates are explained in detail together with respondent costs, in the next section. 

816 

817 6(b). Estimating Respondent Burden and Costs

818 

819 (i). Methodology 

820 

821 Respondent groups are derived from the number of agricultural establishments subject to this 

822 revised worker protection standard (WPS) regulation. With the exception of forestry production, WPS 

823 establishments include farms, greenhouses and certified pesticide handling establishments (CPHEs). 

824 Respondents from these establishments include agricultural employers, CPHE employers, agricultural 

825 workers, agricultural handlers, CPHE handlers and trainers. 

826 

827 To calculate the cost the Agency estimated the number of respondents, their wage rates, 

828 number of responses, and the time for them to comply with a given requirement. The total cost for 

829 each respondent group for each response activity associated with a requirement is equal to the cost per 

830 respondent times the number of respondents in a respondent group. Multiple respondent groups may 

831 incur burden for each activity and for multiple activities associated with a requirement. The total cost 

832 for a requirement is equal to the sum of the cost of the activities for each respondent group. The cost 

833 for each activity is equal to the burden associated with each activity multiplied by the applicable labor 

834 category (respondent group) wage rate. For example, the cost for the respondent group agricultural 

835 employers to fill in the required information on a safety poster and post it at a main location, is equal to 

836 the time it takes to fill in and post the poster (three minutes) times the labor cost ($29.26 per hour), 

837 which equals $1.46 per respondent per year. 

838 

839 (1) Wage Rates 

840 

841 For this ICR, Agency economists revised the estimated wages and benefits for all labor 

842 categories for affected respondent groups based on publicly available data from the U.S. Bureau of 

843 Labor Statistics (BLS). The wage rate methodology uses data from each sector and labor type for an 

844 unloaded wage rate (hourly wage rate), and then calculates the loaded wage rate (unloaded wage rate 

845 + benefits). These rates are then combined into the seven overall labor categories of WPS employer, 

846 CPHE employer, worker, WPS handler, CPHE handler, trainer, and health care worker (as described 

847 below). 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 18 of 42 

848 

849 Each sector’s wage data (with the exception of WPS establishment workers and handlers) 

850 corresponds to a specific Standard Occupational Classification (SOC) and for certain categories, a 

851 North American Industry Classification System (NAICS) code as well. Specific details are provided in 

852 the wage rate table (see Attachment D). The SOC system is used by Federal statistical agencies to 

853 classify workers into occupational categories for the purpose of collecting, calculating, or disseminating 

854 data. 

855 

856 Unloaded Wage Rate 

857 

858 The unloaded wage rates are estimated for the following labor types: 

859  WPS establishment employers 

860  Commercial pesticide handling establishment (CPHE) employers 

861  WPS establishment trainers of workers and handlers 

862  CPHE handler trainers 

863  WPS establishment workers (trained and untrained) 

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

865  CPHE handlers (aged 18 years and older) 

866 

867 The Agency uses mean hourly wage data for all relevant labor types, except for WPS 

868 establishment workers and handlers, available in the National Industry-Specific Occupational 

Employment and Wage Estimates from the BLS Occupational Employment Statistics data series.3 869 For 

870 WPS establishment workers, the Agency uses the USDA Farm Labor Report’s annual average wage 

rate for U.S. fieldworkers.4 871 The wage rate for WPS establishment handlers is calculated as the 

872 average of the WPS establishment employer and worker rates. The overall wage is then weighted in 

873 order to create the wage for handlers aged 18 years and older. This procedure is described in 

874 Attachment D. The wage rates are derived from BLS NAICS 2010 estimates. 

875 

876 Loaded Wage Rate 

877 

878 The Agency expects that all labor categories including WPS establishment employer, CPHE 

879 employer, WPS establishment worker and handler trainer, CPHE handler trainer, WPS establishment 

880 workers, and handlers (for both WPS establishment and CPHEs) will receive loaded wages. They 

881 include benefits and overhead for both WPS establishment employers and commercial pesticide 

882 handling establishment employers. Worker wage rates are assumed to include only the wage rate and 

883 some benefits as most workers are field workers and do not have direct associated overhead. Most 

884 workers received some kind of benefit (i.e., health insurance) according the Bureau of Labor Statistics. 

885 These individuals are paid benefits that amount to 30% of the total remuneration with wages accounting 

for 70%.5 886 However, data from the National Agricultural Workers Survey (DoL) indicate that up to 77% 

of agricultural workers do not receive benefits as part of their employment6 887 . 

888 

 

3 BLS May 2010 National Industry-Specific Occupational 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 Policy, Office of Programmatic Policy, National 

Agricultural Workers Survey (NAWS) 2001-2002 A Demographic 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 

889 The loaded wage rate for WPS employers is $28.21 an hour. The loaded wage rate for CPHE 

890 employers is $30.30. The loaded wage rate for workers is estimated to be $13.43 per hour. The wage 

891 rate for handlers depends upon the employer. WPS establishment handler wage rates are $20.83 per 

892 hour and the wage rate for CPHE handlers is $20.10 per hour. The loaded wage rate of $37.87 per 

893 hour for trainers applies to trainers of agricultural workers and handlers on agricultural establishments 

894 and whose qualifications are that they are trainers of certified applicators or have completed a train-the895 trainer program. The wage rate for health care workers that review the medical surveys for those 

896 persons that will be using respirators is $42.91. (Table 1) 

897 

Table 1. Wage Rates for Selected Occupations7

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 

899 (2) Number of Establishments, Workers and Handlers 

900 

901 Additional information used in this ICR includes the number of agricultural (WPS) 

902 establishments. To estimate the number of WPS establishments that use pesticides and hire labor, the 

903 Agency requested a special tabulation of data from USDA, NASS 2007 Census of Agriculture. The 

904 number of WPS establishments is based on the number of farms and greenhouses and the tabulation 

905 breaks down the number of establishments from the total number of farms and greenhouses. Based on 

906 the USDA NASS data, there are 788,582 agricultural establishments that use pesticides. A subset of 

907 that data can be broken down further into the number of WPS establishments, defined as those that 

908 hire labor, and the number of establishments that both use pesticides and hire labor. Based on USDA, 

909 NASS data there are 394,658 agricultural establishments that hire labor, and 304,348 that hire labor 

and use pesticides (303,829 farms and 519 greenhouses).8 910 From the USDA, NASS 2007 Census of 

911 Agriculture, there are 2,322,610 farm employees, all of whom are assumed to be field workers. This 

912 implies that each agricultural establishment hires, on average, 5.88 workers. The Agency estimates 

913 that there are 151,879 agricultural (WPS) handlers within the total number of farm employees. For 

914 clarification below, where references are made to the number of “farms”, this refers to the number of 

915 WPS establishments that are farms that use pesticides and hire labor. 

916 

917 Agricultural establishments that hire labor can be further subdivided by the size. Establishment 

918 size is determined by gross revenue based on USDA’s definition of farm size. Farm size is an 

919 important definition because it is also used to determine the number WPS handlers. The Agency 

920 assumes that only large and large-small agricultural establishments listed in the tables below have full 

921 time handlers which the Agency estimates to be 151,879 or 2 for every large agricultural establishment 

and 1 for every large-small agricultural establishment9 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 large farms as farms with annual revenues of $750,000 or 

more. EPA separates small farms into small-, medium- 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 

924 Table 2 presents the number of agricultural establishments that use pesticides by revenue 

925 category. 

926 

Table 2: Number of Agricultural Establishments that Use Pesticides 

Income Range ($) Farm Size Classification Number of Agricultural. 

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 

928 Table 3 presents the number of farms that hire labor that are in each revenue category. 

929 

Table 3: Number of Agricultural Establishments that Hire Labor

Income Range ($) Farm Size Classification Number of Agricultural 

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 

931 Of those that agricultural establishments that hire labor or use pesticides, a subset also hire 

932 labor and use pesticides in any given year. Table 4 presents the 304,348 agricultural establishments 

933 that both hire labor and use pesticides used in the calculations for this ICR. 

934 

Table 4: Number of Agricultural Establishments that Hire Labor and Use Pesticides 

Income Range ($) Farm Size Classification Number of Agricultural

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 

936 For CPHEs, the Agency estimates that there are approximately 72,449 firms of which 2,793 hire 

937 labor. The remaining 69,656 CPHEs are “self-employed” with a single owner/handler. EPA estimated 

938 this number based on the number of commercial certifications and the number of commercial 

939 applicators certified to apply pesticides in the Agricultural Pest Control (Plants) Category. The Agency 

940 assumes that not every certification is active every year. For the 2,793 CPHEs that hire labor, EPA 

941 estimates that each establishment hires on average 6.1 (6) handlers for a total of approximately 17,080 

942 handlers. 

943 

944 There are also trainers for both agricultural establishments and CPHEs. For agricultural 

945 establishments, trainers may be trainers of certified applicators or individuals trained in how to instruct 

946 training. The number of qualified trainers is unknown. Calculations in this ICR are based on 

947 assumptions the Agency made about the number of training sessions held each year. There is more 

948 explanation in part 9 and Table 14 of Section 6 of this ICR. 

949 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 21 of 42 

950 (ii) Requirements 

951 

952 This section details the Agency’s estimate of burden and cost per respondent for activities in 

953 each category of WPS requirements that are defined as paperwork burden. The tables below present 

954 the unit and total hourly burden and costs for agricultural establishments and CPHEs to comply with the 

955 proposed rule requirements. There are eleven categories each with a varying number of activities in 

956 each category that have data items that require record keeping. 

957 

958 (1) Rule familiarization 

959 

960 All existing agricultural establishment employers and commercial pesticide handler 

961 establishment (CPHE) employers that apply pesticides must become familiar with the WPS 

962 requirements and proposed amendments. The Agency estimates that it will take an average of 30 

963 minutes per year per establishment to read the regulations. The Agency estimates that there are 

964 394,658 agricultural establishments and 72,449 CPHEs that will spend an average of 30 minutes per 

965 year per establishment to read regulations. Table 5 shows the activity, respondent group, the number 

966 of respondents affected by the activity, the total number of responses, the hourly wage rates for each 

967 respondent, the time in minutes each respondent will spend annually reading the regulations, the hourly 

968 cost per respondent for each activity, and the total burden in hours and total cost. The total time burden 

969 for all establishments to comply with rule familiarization is estimated to be 233,554 hours. The total 

970 cost is estimated to be $6,664,253. (Table 5) 

971 

Table 5: Rule Familiarization

Activity Respondent 

Group 

Number of 

Respondents 

Total 

Responses 

Annually 

Wage 

Rate 

Per Event 

Average 

TOTALS

(3-yr. 

average) 

($/hr) Burden Cost Burden Cost ($)

(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 

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

973 

974 (2). Basic Pesticide Safety Information (§170.11(a)) 

975 

976 The agricultural employer is required to display pesticide safety information on the agricultural 

977 establishment at a location on the establishment where workers and handlers are likely to pass by or 

978 congregate and it can be readily seen and read. The information must also be displayed at any 

979 location where decontamination supplies are provided. This requirement only affects WPS 

980 establishments. 

981 

982 The Agency assumes that there is one main pesticide safety information display per WPS 

983 respondent that hires labor and uses pesticides (201,564 agricultural establishments) and that the 

984 number of displays at decontamination sites depends on the size of the establishment. The Agency 

985 also assumes an average of 3 minutes is needed to fill in information on the safety information display, 

986 and to post it. 

987 

988 In addition, whenever worker and handler decontamination supplies are required to be provided, 

989 employers must display pesticide safety information. The Agency assumes that the display is a poster 

990 and estimates that it takes 3 minutes per display to post each poster and the number of 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 22 of 42 

991 decontamination posters is assumed to depend upon the size of the establishment. 

992 

993 The Agency estimates that there are approximately 394,658 agricultural establishments 

994 including greenhouses that hire labor and use pesticides that will have to post general pesticide safety 

995 information. For clarification purposes, the number of greenhouses by size was subtracted from each 

996 farm size type because greenhouses of all sizes are assumed to each have 4 decontamination posters 

997 while the number of posters for WPS farms is dependent upon the size of the farm. The Agency 

998 assumes that the number of small-small WPS establishments (40,851) have 1 worker decontamination 

999 site each; medium-small WPS establishments (89,559) have 2 worker decontamination sites each 

1000 requiring 178,736 posters; large-small WPS establishments (124,791) have 2 worker decontamination 

1001 sites and 1 worker/handler decontamination site each requiring 374,373 posters; and large WPS 

1002 establishments (48,819) have 2 worker decontamination sites, 1 worker/handler decontamination site, 

1003 and 1 handler decontamination site requiring 4 posters for each farm or a total of 195,276 posters. In 

1004 addition, the 519 greenhouses that are estimated to have 4 decontamination sites each require a total 

1005 of 2,076 posters. The total number of posters needed is approximately 791,312 at decontamination 

1006 sites. The Agency assumes that the posters last an average of 3 years so the average number of 

1007 posters needed to be posted in a given year is 1/3 of that number or 263,507. (Table 6) 

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 

1010 Any changes to the information required on the pesticides safety information display must be 

1011 promptly updated at the main location and where decontamination supplies are provided. The Agency 

1012 estimates that 1/3 of the 1,185,970 (394,658 main posters + 791,312 decontamination posters) or 

1013 395,323 responses will require changes and that each change takes 3 minutes per display. 

1014 

1015 Multiplying the per event average by the total number of responses for each line item yields the 

1016 total burden hours and costs. The Agency estimates that the total number of burden hours for WPS 

1017 establishments is 79,065 hours and the cost is $2,230,414. (Table 7) 

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 

1021 *Estimates may not add due to rounding. Respondents are counted only once. 

1022 

1023 (3) Pesticide Hazard and Application-specific Information 

1024 

1025 For each pesticide application, agricultural employers must record application information and 

1026 maintain a copy of the product label and SDS information, store the information and make available 

1027 upon request. 

1028 

1029 The application record must include the name, EPA registration number, and active ingredients 

1030 of the product applied; the crop or site treated and the location and description of the treated area; the 

1031 dates and times the application started and ended; and the end date and duration of the REI. The 

1032 Agency estimates that the average time to gather application information is 12 minutes. To gather and 

1033 record information the Agency estimates that 303,829 respondents will conduct this activity on average 

1034 20 times each resulting in 6,076,580 responses. 

1035 

1036 Application-specific information records are to be kept for a period of two years. Agricultural 

1037 employers require 1 minute per application record for each of the 20 applications (20 minutes total each 

1038 year) to store the record, copy of label and SDS for a total of 6,076,580 (303,829 X 20) response 

1039 records to be maintained annually. 

1040 

1041 When there is a request by a worker, handler or an authorized representative for a worker or 

1042 handler requesting application information, the Agency estimates that it requires 6 minutes of the 

1043 agricultural employer’s time to provide that information. The Agency estimates that a request will be 

1044 made for approximately 25% of the applications, or 1,519,145 responses to provide information 

1045 annually. 

1046 

1047 The Agency estimates that the total number of burden hours for WPS establishments and 

1048 CPHEs to gather, record, maintain records and provide information upon request is 1,468,507 hours 

1049 and the cost is $41,426,578. (Table 8) 

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

1051 *Estimates may not add due to rounding. Respondents are counted only once.

1052 

1053 (4) Notification to Workers of Restricted Entry Areas (§107.109) 

1054 

1055 Agricultural establishments employers must either orally notify workers of pesticide treatments or post 

1056 warning signs in areas under an REI (except for products which are Toxicology Category I for acute 

1057 dermal or eye irritation potential, which must be labeled to require notification by both oral and posted 

1058 warnings). A new modification to the rule would require that employers post warning signs for outdoor 

1059 production applications with restricted entry intervals (REIs) greater than 48 hours. Outdoor 

1060 applications with products with an REI of 48 hours or less would require employers to notify workers 

1061 either orally, or by posted warning signs. In the case of indoor production, posting is required if the REI 

1062 is greater than 4 hours. 

1063 

1064 Each oral notification requires three minutes of the agricultural employer’s time as well as 3 

1065 minutes time of workers present on the farm or greenhouse during the REI. There are 303,829 farms 

1066 and 519 greenhouses (304,348 total) that use pesticides and hire workers and the Agency assumes 

1067 that an average of 20 pesticide applications per year will be made. The Agency assumes that for WPS 

1068 farms (outdoor production) there will be 14 oral notifications, including 2 for double notification products, 

1069 and for greenhouses there will be 6 oral notifications, including 2 for double notification products, for a 

1070 total of 4,256,720 early entry events (303,829*14+519*6). In addition, approximately 1,658,369 WPS 

1071 workers will receive an oral notification which takes 3 minutes. Not all agricultural establishment 

1072 workers will be present during an REI. The Agency assumes that workers on WPS farms (outdoor 

1073 production) will be present for about 80% of REIs and so each worker will receive 11.2 oral 

1074 notifications, on average. Greenhouse workers are expected to be present for about 60% of REIs and 

1075 they will receive 3.6 notifications per year. This results in 22,812,613 responses (2,030,930 x 11.2 + 

1076 18,388 x 3.6). 

1077 

1078 Posting events are assumed to take 20 minutes of the agricultural employer’s time for each 

1079 posting. WPS farm (outdoor production) average 8 postings, including 2 for double notification 

1080 products, and greenhouse operations average 16 postings, including 2 for double notification products, 

1081 annually. The Agency estimates that there are 304,348 WPS farms that use pesticides in a given year 

1082 and 519 greenhouses so the total number of responses is 1,616,664 (304,348 x 8 + 519 x 16). 

1083 

1084 The Agency estimates that the total average time in terms of burden hours and costs for 

1085 agricultural establishments to inform workers of an area under an REI is 2,166,445 hours with a cost of 

1086 $44,256,901. (Table 9) 

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) 

($/hr) Burden Cost Burden Cost ($)

    (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 

1088 *Estimates may not add due to rounding. Respondents are counted only once. 

1089 

1090 (5) Establishment-Specific Information (§170.103 & §170.203(b)) 

1091 

1092 The agricultural employer must ensure that workers and handlers have been informed of 

1093 establishment-specific information before any worker or handler performs any task on an agricultural 

1094 establishment. The employer must provide the information orally, in a manner the worker or handler 

1095 can understand. 

1096 

1097 The establishment-specific information includes the locations of the pesticide safety information 

1098 (as described above), pesticide application and hazard information, and decontamination supplies. The 

1099 Agency estimates that all 394,658 agricultural establishments will provide establishment specific 

1100 information at least 2 times resulting in 789,316 responses for agricultural establishments. Each 

1101 response requires 1 minute of the employers time. In addition the Agency estimates that 2,030,930 

1102 WPS workers will receive establishment specific information at least 1 time and that it takes 1 minute of 

1103 the employee’s time to receive this information resulting in 2,030,930 responses. There is no record 

1104 keeping requirement for this activity. 

1105 

1106 The Agency estimates that the total average burden in terms of hours and costs for WPS 

1107 employers is 47,004 hours and $13,762. (Table 10) 

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 

Establishment11

 

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 

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

 

10 Assume 12 WPS notifications and 4 Greenhouse Entry restriction notifications

11 Assumes 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 

1112 (6) Information Exchange between Agricultural Employer and Commercial 

1113 Pesticide Handler Employer (§170.9(k), §170.13(h), §170.13(i)-(j)) 

1114 

1115 Agricultural Employer Informs CPHE Employer of Entry Restricted Area Locations 

1116 

1117 If any handler employed by a CPHE will be working on an agricultural establishment, the 

1118 agricultural employer must provide the CPHE employer the specific location and description of any 

1119 areas that may be treated or areas where an REI may be in effect, and any restriction on entry into 

1120 those areas. 

1121 

1122 The Agency estimates that the annual average number of agricultural establishments that apply 

1123 pesticides is 542,602. Each WPS establishment is estimated to have an average of 20 applications per 

1124 year resulting in approximately 10,852,040 applications per year. The Agency assumes that WPS 

1125 farms hire CPHEs to apply 38% of the applications on WPS farms. This requires WPS establishments 

1126 to inform CPHEs a total of 4,123,775 times about an application made by WPS establishment when a 

1127 CPHE is hired to make an application on a WPS farm ((542,602 x 20) x .38). The estimated time to 

1128 exchange information is 3 minutes. The burden for WPS establishments to comply with this 

1129 requirement is 206,189 hours and the cost is $5,816,585. (Table 11) 

1130 

1131 

1132 CPHE Employer Informs Agricultural Employer prior to Application 

1133 

1134 The CPHE applicator must also provide application information to WPS establishments that use 

1135 pesticides and hire A CPHE to make the application, prior to making any pesticide application on the 

1136 agricultural establishment. The information the CPHE applicator must provide includes the specific 

1137 location and description of the area to be treated; the dates and start and estimated end times of 

1138 application; the product name, EPA registration number and active ingredients; REI; whether posting or 

1139 oral notification are required; and any restrictions or use directions on the labeling that must be followed 

1140 to protect workers, handlers, or other persons during or after application. The Agency estimates that 

1141 there are 39,571 CPHE applicators (2,793 + 36,778 self employed). The number of CPHE handlers is 

1142 estimated to be 56,858 (17,080 hired by 2,793 CPHEs + 36,778 self-employed CPHEs). The Agency 

1143 also estimates that there are 788,582 WPS establishments that use pesticides. Based on an average of 

1144 20 applications per WPS establishment per year, there are an estimated 15,771,640 pesticide 

1145 applications per year for all WPS establishments that use pesticides. Of these 15,771,640 applications 

1146 applied on WPS establishments, CPHE handlers account for 38% or 5,993,223 applications. The 

1147 Agency estimates that 70% of the 5,993,223 applications applied by CPHE handlers require 2 

1148 exchanges of information (8,390,512) and the remaining 30% require 1 exchange of information 

1149 (1,797,967). The total number of notifications by CPHE handlers to WPS establishments that use 

1150 pesticides is 10,188,179 (((5,993,223 x .7) x 2) + (5,992,223 x .3)). The time for CPHEs to notify the 

1151 WPS establishment is 6 minutes per notification. The burden for CPHEs to comply with this 

1152 requirement is 1,018,818 hours and the cost is $30,870,183. (Table 11) 

1153 

1154 Commercial Pesticide Handler Employer (CPHE) Informs CHPE Handler 

1155 

1156 In addition, the CPHE employer is required to provide information to CPHE handlers resulting in 

1157 a time-cost for the CPHE owner to provide information and the CPHE handlers to receive information. 

1158 This time-cost is borne by the CPHE. This time-cost requirement does not include self-employed 

1159 CPHE handlers as they are already informed of the application because they made the application. For 

1160 those CPHEs that hire labor and are required to inform their handlers of the applications made CPHEs 

1161 including those on WPS farms. The Agency estimates that there are 2,793 establishments that will 

1162 spend 3 minutes informing each of their handlers and that this information exchange will occur for each 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 27 of 42 

1163 application (17,080 x 90 = 1,537,200). For the handlers time, the Agency estimates that there are 

1164 17,080 handlers that will each receive this information 90 times and that it takes 3 minutes of their time 

1165 for each notification. The burden for CPHEs in term of time to inform their workers and for workers to 

1166 receive the information for this requirement is 153,720 (76,860 x 2) hours and the cost is $3,873,744 

1167 (2,328,858 + 1,544,886). 

1168 

1169 The total burden for all respondents to comply with these requirements is 1,472,199 hours and 

1170 $43,197,368. (Table 11) 

1171 

Table 11: Information Exchanges Between Agricultural Employer, CPHE Employer, or CPHE Handler

 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 

Establishment 

Provides 

Information on 

treated areas 

under an REI to 

CPHE12

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 

Establishment13

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

1172 *Estimates may not add due to rounding. Respondents are counted only once. 

1173 

1174 (7) Safe Operation, Cleaning and Repair of Equipment 

1175 

1176 The agricultural handler employer and CPHE employer must ensure that the handler is 

1177 instructed in the safe operation of any equipment used for mixing, loading, transferring or applying 

1178 pesticides. 

1179 

1180 The handler employer must also provide information to persons not employed directly by the 

1181 establishment before they clean, repair or adjust pesticide application equipment. The handler 

1182 employer must inform the person that the equipment may be contaminated with pesticides, the potential 

1183 harmful effects of pesticide exposure, and procedures for handling pesticide application equipment and 

1184 for limiting exposure to pesticide residues. 

1185 

 

12 Assumes that all WPS establishments will rely on a CPHE for some of their estimated 20 applications 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 minutes 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 

1186 Handlers must be provided instruction in the safe operation of pesticide equipment. The 

1187 instruction is assumed to be provided the handler employers and requires 5 minutes of the employer’s 

1188 time to provide and 5 minutes of the handler’s time to receive information. 

1189 

1190 The Agency estimates that the number of WPS respondents is based on the number of WPS 

1191 farms that have handlers. Of the 173,909 farms that have handlers, the Agency estimates that the 

1192 number of WPS handlers that receive information is 222,858. For CPHEs, the number of 

1193 establishments that provide information is 2,793 and the number of CPHE handlers is 17,080. For this 

1194 requirement the total average burden in terms of hours and costs for WPS employers to comply with 

1195 this requirement is 39,990 hours and $982,482. (Table 12) 

1196 

Table 12: Safe Operation, Cleaning and Repair 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 

1197 *Estimates may not add due to rounding. Respondents are counted only once.

1198 

1199 (8) Information Required for Emergency Assistance 

1200 

1201 In the event of an illness or injury to a worker or handler that may have been caused by a 

1202 pesticide exposure, the agricultural employer must provide for his employee the relevant SDS and 

1203 product label information to the attending medical personnel or the affected individual. 

1204 

1205 To determine the burden and cost of this activity the following assumptions were made 

1206 regarding the frequency of medical emergency event (probability), the average number of persons 

1207 impacted and the time it takes to provide the information. The Agency assumes that each provision of 

1208 pesticide-specific emergency information takes 5 minutes of the employer’s time to locate and provide 

1209 to medical personnel or the affected worker or handler. The total number of workers affected is 

1210 determined by the probability that any worker/handler is likely to experience a pesticide related 

1211 exposure event. This is dependent on whether the injured party is a worker or a handler because the 

1212 Agency assumes that the risk of exposure is slightly higher for handlers due to the nature of their 

1213 occupation. 

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 pesticides 

and hire labor. The total number of handlers employed by these farms is 151,879. This is based on the assumption that there are 2 handlers 

per large farm and 1 handler per large-small farm. CPHEs 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 

1215 The estimate of worker emergencies is based on the number of agricultural pesticide incidents 

1216 from the American Association of Poison Control Center’s National Poison Data System (NPDS) for the 

years 2003 to 200515 1217 . The data for this time period indicates that there were approximately 2,200 

1218 pesticide related incidents for workers and handlers although it does not separate incidents by worker 

1219 or handler. The Agency did not correct for this distinction by occupation type. The Agency assumes 

1220 that 0.11% of workers will experience a pesticide related medical emergency annually. The estimate 

1221 for the number of responses in Table 13 is based on the following calculation: 2,030,930 workers minus 

1222 222,858 handlers = 1,808,072 workers, multiplied by 0.11% which results in an estimated 1,989 worker 

1223 incidents annually 1,808,072 x 0.0011). 

1224 

1225 For handlers directly employed by the agricultural establishment, the probability is calculated 

1226 based on the number of handlers and the assumption that because of their occupation, the possibility of 

1227 a pesticide related exposure incident is slightly greater than that of workers. The Agency assumes that 

1228 200 out of every 100,000 handlers, or about 0.2% of agricultural handlers, will experience a pesticide 

1229 related exposure annually requiring medical attention. Assuming there are 151,879 handlers, there 

1230 would be about 304 agricultural establishment handler incidents (151,879 x 0.002) that would require 

1231 agricultural establishment employers to provide a copy of the SDS. Add 304 to the number of worker 

1232 incidents from above and the total estimated number of response for agricultural establishment 

1233 employers is 2,264 (1,960+304). 

1234 

1235 The annual number of incidents for CPHE handlers is also based on the number of CPHE handlers and 

1236 the assumption that about 0.2% of handlers will experience a pesticide related exposure per year 

1237 requiring medical attention. Based on this information, the average number of incidents is 34 (17,080 x 

1238 0.002). 

1239 

1240 The Agency estimates that the average burden in terms of hours and costs for agricultural worker and 

1241 handler employers to comply with this requirement is 200 hours and $5,645. (Table 13) 

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 Assistance 

Activity16 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 

1243 *Estimates may not add due to rounding. Respondents are counted only once. 

1244 

1245 (9) Pesticide Safety Training for Workers and Handlers 

1246 

1247 Annual training is required for all agricultural workers and handlers on agricultural 

1248 establishments and handlers employed by commercial pesticide handling establishments (CPHEs). 

1249 Handlers that receive the handler pesticide safety training are not required to also take worker training. 

1250 Trainings for agricultural workers are the responsibility of the agricultural establishment employer and 

1251 must be provided by persons designated by EPA, or state or tribal pesticide enforcement agencies to 

1252 train certified applicators, and trainers that have completed an approved Train-the-Trainer course. 

1253 Training for handlers employed by agricultural establishments and CPHEs must be provided by trainers 

1254 identified above for workers or certified applicators (such as agricultural establishment owner). 

1255 Employers are required to make a record of the training and have it signed by the trained worker or 

1256 handler, provide a record of the same information to the worker or handler, and maintain the records for 

1257 2 years. 

1258 Workers who are not trained as handlers must be trained before they enter an area treated with 

1259 a pesticide or under an REI within the last 30 days. However, under an exception, pesticide safety 

1260 training may be delayed until the start of their third day of employment on an agricultural establishment, 

1261 but workers must receive Right to Know information prior to entry to perform worker tasks. A separate 

1262 burden calculation for workers who are trained after the 2-day waiting period is presented in Table 16. 

1263 Agricultural Worker Pesticide Safety Training 

1264 The training time requirement for worker training sessions increased from the current ICR 

1265 estimate of 30 minutes to 45 minutes due to expanded training content. The proposed rule requires 

1266 that trainings will be conducted by either a trainer of certified applicator or a trainer that has completed 

1267 a “train the trainer” program. The wage rate for both categories of trainers is $37.87. The Agency 

1268 assumes that all agricultural workers are trained one time and that the 395,658 establishments average 

1269 1.5 trainings per establishment. This results in a total of 591,987 trainings that require records to be 

 

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 clarification changes the response time from “prompt” to “30 minutes”. The actual transfer of pesticide 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 

1270 saved. Of the 591,987 trainings, the Agency assumes 85% of the trainings (503,189) for workers are 

1271 conducted by trainers of certified applicators. The other 15% of the trainings (88,798) will be conducted 

1272 by trainers that have completed the train-the-trainer course. Of the 2,322,610 workers that attend 

1273 worker safety training, the total number of workers trained does not include 208,165 returning handlers 

1274 who receive handler training and 19,510 field workers that work less than 2 days (2,322,610 - 208,165 - 

1275 19,510 = 2,094,935). (Table 14) 

1276 Agricultural Handler Pesticide Safety Training 

1277 For handlers on agricultural establishments, the Agency assumed that all 151,879 agricultural 

establishment handlers are trained one time per year and that as per the Economic Analysis17 1278 , the 

1279 Agency estimated that only large and large-small agricultural establishments have handlers (193,526 

1280 establishments). Of these establishments, the Agency estimates that about 4 out of 5 or 80% of the 

1281 54,289 large agricultural establishments and about 50% of the 139,237 large-small agricultural 

1282 establishments provide handler training sessions totaling 193,526 sessions by 113,050 trainers (15,827 

1283 + 11,305 + 85,918). Because different types of trainers have different time costs, Table 14 below 

1284 breaks out the trainers and training sessions. The Agency estimates that the number of training 

1285 sessions varies by trainer type. About 76% of agricultural handler training sessions, or 147,080 

1286 sessions are conducted by certified applicators (primarily the WPS employer) (193,526 x .76 = 

1287 147,080), another 10% or 19,353 of the training sessions are conducted by trainers that have 

1288 completed the Train-the-Trainer course (113,050 x .10 = 19,353) and about 14% of the training 

1289 sessions or 15,827 are conducted by trainers of certified applicators (113,050 x .14 = 15,827). (Table 

1290 14) 

1291 CPHE Handler Pesticide Safety Training 

1292 For CPHE handlers, the Agency did not include the 36,778 self-employed CPHE owner 

1293 operators in the calculation of the burden and cost estimates for this line item to avoid double counting 

1294 the burden and cost because the self-employed CPHEs will be included the Certification Rule ICR. For 

1295 the 2,793 CPHE’s that hire handlers, the Agency assumed that the 2,793 CPHEs conduct on average 

1296 1.3 trainings per year per establishment for CPHE Handlers. Of the 3,631 (2,793 * 1.3) trainings, 14% 

1297 of the trainings or 508 ((2,793*1.3)*.14) were conducted by trainers of certified applicators, 10% or 363 

1298 were conducted by trainers that completed a Train-the-Trainer program ((2,793*1.3)*.1) and the 

1299 remaining 76% or 2,759 were conducted by certified applicators (assume CPHE employer). (Table 14) 

1300 Training Burden Requirements for Agricultural Establishment and CPHEs 

1301 

1302 The training time for agricultural establishment and CPHE handler training is 60 minutes. The 

1303 estimated time burden for both agricultural establishment and CPHE employers to record and maintain 

1304 records of training is 7 minutes per worker and 4 minutes per handler. The time required for both 

1305 workers and handlers to acknowledge training is 30 seconds per acknowledgement. Agricultural 

1306 employers are required to keep records of training for two years, including names of workers trained, 

1307 trainer and agricultural employer; date; materials used; and signature acknowledgement of receipt of 

1308 training. 

1309 

1310 For CPHEs only those that hire labor are required to provide handler training. This time-cost 

1311 training requirement does not include self-employed CPHE handlers as they are trained under the 

1312 Certification Rule ICR as noted above. 

1313 

1314 The Agency estimates that the average burden in terms of hours and costs for WPS and CPHE 

1315 employers and their worker and handler employees to comply with this requirement is 2,588,597 hours 

 

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 

1316 and $53,774,907. (Table 14) 

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 

Applicators18 

13,661 88,798 37.87 0.75 28.40 66,599 2,522,087 

Trainers of a 

Train-the 

Trainer 

program19 

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 

applicators21 

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 

RUPs22 

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 

handlers23

193,526 215,97524 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 trained 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 handler 

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 are required 

to keep records. For the 93,125 large-small farms, there is 1 training session for every 2 farms or 46,562 training sessions. Added together 

there are 73,575 trainers. For the number of responses, assume 1.2661 handlers per training session or a total of 1609,657 handlers 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 

applicators25 

508 508 37.87 1 37.97 508 19,238 

Trainers who 

completed a 

Train-the 

Trainer 

program26 

363 363 37.87 1 37.87 363 13,747 

Certified 

Applicator of 

RUPs27 

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 

employers28

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 

1318 *Estimates may not add due to rounding. Respondents are counted only once.

1319 

1320 (10) Personal Protective Equipment Information 

1321 

1322 Respirator Users: Medical Evaluation, Fit Testing and Respirator Training 

1323 

1324 WPS handler employers (147,414) are required to keep records documenting the completion of 

1325 medical evaluation, respirator fit testing, and respirator training for their handlers that wear respirators. 

1326 The Agency assumes that 79% of all large and large-small farms that hire labor (160,622) have 1 

1327 handler each that will use a respirator resulting in 126,891 handlers that will be required to undergo 

1328 respirator training which takes 30 minutes, if they will use a product that will require a respirator other 

1329 than a dust-mist filtering face piece. WPS handlers will also be required to complete an initial survey 

1330 which the Agency estimates will take 30 minutes to complete, a respirator fit-test which takes 4 

1331 minutes, and a respirator medical evaluation reviewed by a health care worker which the Agency 

1332 estimates will take 5 minutes to determine pre-existing conditions. The Agency estimates that each 

1333 health care worker has 4 cases resulting in 31,723 health care workers reviewing WPS handler 

1334 evaluations annually. The Agency assumes that approximately 23% of WPS handlers ((29,185) will 

1335 require a follow-up evaluation which will take 4 minutes of the handler’s time. 

1336 

1337 Agricultural establishment employers with handlers that take the medical evaluation will spend 4 

1338 minutes per year to record and maintain medical records of handler employees. In addition they will 

1339 also spend another 4 minutes to record and maintain information related to the respirator fit test. 

1340 

1341 CPHE handler employers (2,793) are required to keep records documenting the completion of 

1342 medical evaluation, respirator fit testing, and respirator training for their handlers that wear respirators. 

1343 The Agency assumes that 100% of all CPHEs handlers will use a respirator resulting in 17,080 

1344 handlers that will be required to undergo respirator fit-test training which takes 30 minutes, if they will 

1345 use a product that will require a respirator other than a dust-mist filtering face piece. CPHE handlers 

1346 will also be required to complete an initial survey which the Agency estimates will take 30 minutes to 

1347 complete, a respirator fit-test which takes 4 minutes, and a respirator medical evaluation reviewed by a 

 

25 Assume 14% of 2793 trainers train certified applicators multiplied by 1.3 trainings 26 Assume 10% of 2793 trainers completed train the trainer program multiplied by 1.3 trainings. 27 Assume 76% of 2,793 commercial applicators 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 

1348 health care worker which the Agency estimates will take 5 minutes to determine pre-existing conditions. 

1349 The Agency estimates that each health care worker has 4 cases resulting in 4,270 health care workers 

1350 reviewing CPHE handler evaluations annually. The Agency assumes that approximately 23% of CPHE 

1351 handlers (3,928) will require a follow-up evaluation which will take 4 minutes of the handler’s time. 

1352 (Table 15) 

1353 

1354 Cleaners of PPE 

1355 

1356 Handler employers are required to inform the person who cleans or launders PPE equipment or 

1357 clothing that the PPE equipment or clothing may be contaminated with pesticides, the harmful effects of 

1358 exposure to pesticides and the proper method to clean contaminated personal protective equipment or 

1359 clothing and how to protect themselves. The Agency assumes all 304,348 WPS farms using pesticides 

1360 and 100% of the CPHEs (2,793) will have to provide this information once annually. The Agency 

1361 estimates that it takes WPS and CPHE employers 5 minutes to inform cleaner/launderer persons of this 

1362 information. (Table 15) 

1363 

1364 Maintenance of Closed Systems 

1365 

1366 For WPS farms that use pesticides and hire labor EPA assumes that 50% of the large and 

1367 large-small agricultural establishments or 96,763 (Table 4) have a closed system. EPA estimates that 

1368 90% of those agricultural establishments use pesticides in a given year and approximately 20% are 

1369 estimated to have a breakdown of some sort requiring maintenance. The Agency estimates that 

1370 17,391 WPS establishments will be required to keep records in a given year and that it takes 3 minutes 

1371 to record and store a record. Smaller WPS establishments would not typically own such a system. 

1372 

1373 In addition, for WPS establishments, there are 484,234 (Table 2) agricultural establishments 

1374 that that use pesticides but do not hire labor. EPA estimates that there are 9,246 large family farms that 

1375 use pesticides. EPA assumes that 1/3 have closed systems (3,082). EPA estimates that about 70% 

1376 will use a closed system in a given year and that 20% will have a maintenance issue that requires 

1377 record keeping or about 433. The Agency estimates that the total number of WPS establishments that 

1378 will be required to keep records in a given year is 17,824 (17,391+433) and that it takes 3 minutes to 

1379 record and store a record. (Table 15) 

1380 

1381 EPA also assumes that 2/3 of CPHEs that hire labor (2,793 x .667 = 1,862) have on average 2 

1382 closed systems and that of those systems, 20% will require a maintenance record or about 745 CPHEs 

1383 that hire labor will be required to have maintenance record(1,862 x 2) x .20). For self-employed 

1384 CPHEs, the agency assumes that 2/3 or 25,553 (38,311 x .667) have 1 closed system and of those 

1385 20% or 5,111 will require maintenance (25,553 x .2 = 5,111). The total number of CPHEs required to 

1386 comply with this requirement is 5,856. The Agency assumes that CPHEs that have to record 

1387 maintenance of closed systems will spend 3 minutes per year per system for recordkeeping. 

1388 Establishments that purchase new closed systems will not have any maintenance events in the first 

1389 year. 

1390 

1391 The Agency estimates that the average burden in terms of hours and costs for WPS and CPHE 

1392 employers and their worker/handler employees to comply with this requirement is 228,483 hours and 

1393 $5,321,440. (Table 15) 

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) 

($/hr) Burden Cost Burden Cost ($)

      (hours) ($) (hours) 

WPS Handler 

Respirator Training 

Ag Establishment 

Handlers29 

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 

Worker30 36,845 147,414 42.91 0.08 3.58 12,285 527,128 

Follow up 

Evaluation 

Ag Establishment 

Handlers31 33,905 33,905 20.83 0.07 1.39 2,260 47,083 

Record and 

Maintain Records 

Ag Employer32 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 Employer33 17,824 17,824 28.21 0.05 1.41 891 25,141 

CPHE Handler 

Respirator Training 

CPHE Handler34 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 17,080 17,080 20.10 0.07 1.34 1,139 22,887 

Medical Evaluation Health Care 

Worker35 4,270 17,080 42.91 0.08 3.58 1,423 61,075 

Follow up 

Evaluation 

CPHE Handler36 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 Employer37 5,856 5,856 30.30 0.05 1.52 293 8,872 

TOTALS 513,395 1,176,837 228,483 5,321,440 

1400 *Estimates may not add due to rounding. Respondents are counted only once.

1401 

1402 (11) Exceptions/Exemptions 

1403 

1404 Exception to Allow a 2-Day Waiting Period prior to Worker Pesticide Safety Training 

 

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 farms 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 

1406 A worker may perform tasks in a treated area for 2 days before receiving the pesticide safety 

1407 worker training. Prior to conducting any tasks in a treated area, the worker must be provided a copy of 

1408 an EPA-approved pesticide right-to-know sheet and its contents communicated to the worker orally in a 

1409 language the worker understands. The Agency assumes that this requirement takes 10 minutes of the 

1410 agricultural establishment owner and workers time. The agricultural employer must maintain records of 

1411 this communication for 2 years on the agricultural establishment. The Agency estimates that the 

1412 recordkeeping will take the agricultural establishment 10 minutes per response. Employers are 

1413 required to provide the full pesticide safety training to workers before their third day of work in pesticide 

1414 treated area (see Section 6(b)(ii)(9)). 

1415 

1416 The Agency estimates that 39,466 or 10% of the 394,658 agricultural employers will use this 

1417 exception (394,658*0.1). The record must include a copy of the information provided, the printed name 

1418 of the worker, date of birth, and signature of the worker, date of the information was received, the 

1419 employer’s name, and the phone number of employer or establishment. The Agency estimates that the 

1420 number of workers that receive the right-to-know sheet is 103,740 or 5% of the total number of workers 

1421 less the number of WPS handlers ((2,322,610-247,815)*0.05). 

1422 

1423 The Agency estimates that the total average burden in terms of hours and costs for WPS 

1424 employers and their worker and trainers to comply with this requirement is 30,445 hours and $603,314. 

1425 (Table 16) 

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 

1427 *Estimates may not calculate due to rounding. Respondents are counted only once.

1428 

1429 Notification of Exceptions for Early Entry

1430 If the agricultural employer directs a worker to perform activities in a treated area where an REI 

1431 is in effect (i.e., early entry), the agricultural employer must notify the worker certain required 

1432 information regarding that entry. The Agency estimates that approximately 427,360 or 18.4% of the 

1433 2,322,610 workers are involved in early entry events per year based on the Agencies assumption that 

1434 50% of agricultural workers will be involved in an early entry event which implies that 20% of workers 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 37 of 42 

1435 on an agricultural establishment applying pesticides. Since 87.4% of workers are employed on farms 

1436 that apply pesticides in any given year, there is a 17.5% chance that an agricultural worker will be 

involved in an early entry event (0.20 x 0.874 = 17.5%)38 1437 . The Agency also estimates that 

1438 approximately one third of all agricultural establishments will have an early entry event that requires 

1439 notification assuming that the greatest number of events would be 394,658 or 1 event per 

1440 establishment over a 3 year period. This results in 131,421 responses for agricultural establishments 

1441 (394,658 X 0.333). On average, 3 minutes of each WPS establishment employer's time and 3 minutes 

1442 of each involved worker’s time will be required for each oral notification during any early entry events. In 

1443 addition, each WPS establishment employer will spend another 4 minutes per early entry event 

1444 (131,421) to create and maintain a record of information for this notification for the 406,457 workers that 

1445 are estimated to be involved in an early entry event. 

1446 

1447 The proposed rule would require that employers of workers involved in early entry activities 

1448 retain records of the notification for two years including the acknowledgement of notification by printed 

1449 name and signature of workers. The Agency also estimates that each agricultural establishment 

1450 employer who informs workers of label information and workers that read or receive orally label 

1451 information due to an early entry event will take 30 seconds per event. 

1452 

1453 The Agency estimates that the total average burden in terms of hours and costs for WPS 

1454 employers and their worker/handler employees to comply with this requirement is 1,359 hours and 

1455 $24,722. (Table 17) 

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 Cost 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 

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

1458 

1459 

1460 

 

38 Based on the Economic Analysis of Proposed Revisions to the Worker Protection Standard; Appendix A - Cost Estimation of Potential 

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 

1461 6(c). Estimating Agency Burden and Cost

1462 

1463 This ICR involves activities conducted by respondents, including notification to third parties. 

1464 EPA does not conduct any activities or collect any information under this ICR so there is no Agency 

1465 burden and cost to estimate. 

1466 

1467 6(d). Estimating the Total Burden and Costs 

1468 

1469 The following section details the respondents’ total burden and cost for the activities detailed in 

1470 the previous tables. Using the estimates for the number of respondents for each activity and the 

1471 associated per respondent burden and cost estimates derived in the preceding sections, the Agency 

1472 calculated the total burden and costs (Table 18). Because the Agency does not collect information, the 

1473 Agency does not have any associated burden or cost. 

1474 

1475 6(e). Total Burden Hours and Cost Tables

1476 

Table 18: Total Estimated Burden Hours And Costs 

Hours Costs 

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

Agency n/a n/a 

1477 

1478 6(f). Reasons for Changes in Burden

1479 

1480 The total estimated annual respondent burden for this ICR renewal for respondents is 8,355,847 

1481 hours. This is an increase of 6,579,716 hours from the 1,776,131 total burden hours estimated in the 

1482 currently-approved ICR. The increase in burden is due to both program changes and adjustments. 

1483 The program changes include modifications to restrictions in field entry activities during restricted entry 

1484 intervals; increased hazard communications; increased training (for both workers and handlers); 

1485 increased posting of pesticide application information; provisions for information during emergency 

1486 assistance; recordkeeping for respirator requirements and for workers performing early entry activities. 

1487 Adjustments from the previous ICR are also made where appropriate, due to better information 

1488 available on the number of respondents and updated wage rates. 

1489 

1490 Respondent records are not required to be submitted to the Agency. They are to be retained on 

1491 the establishment and accessible for inspection. 

1492 

1493 There is no change in the level of the Agency’s burden because neither the existing nor 

1494 proposed rule imposes any requirements on the Agency. 

1495 

1496 6(e). Burden Statement

1497 

1498 The total annual respondent burden for providing the training and notifications associated with 

1499 the proposed Requirements for Protection of Agricultural Workers and Pesticide Handlers is estimated 

1500 to be 8,355,847 hours for respondents only, with the incremental burden of the various activities 

1501 ranging from 6 seconds per respondent for workers to provide acknowledgements to their employers to 

1502 5 hours per respondent to create, gather, record and store information for pesticide application 

1503 information. This total estimate includes the third party WPS training and notification requirements, e.g., 

1504 provisions requiring employers to: provide employees with pesticide-specific treatment (application) 

1505 information in the form of oral or written notification, assure that employees receive basic pesticide 

1506 safety information or training, provide emergency information on pesticide treatments, and notify 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 39 of 42 

1507 employees when an exception/exemption to the WPS is being implemented, and provisions requiring 

1508 handler notification to employers regarding pesticide treatments (applications), etc. 

1509 

1510 According to the Paperwork Reduction Act, “burden” means the total time, effort, or financial 

1511 resources expended by persons to generate, maintain, retain, disclose, or provide information to or for 

1512 a Federal agency. The Agency may not conduct or sponsor, and a person is not required to respond 

1513 to, a collection of information unless it displays a currently valid OMB control number. The OMB control 

1514 number for this information collection appears at the beginning and end of this document. In addition, 

1515 after initial display in the final rule, OMB control numbers for EPA’s regulations are listed in 40 CFR 

1516 Part 9 (Attachment E). 

1517 

1518 The Agency has established a public docket for this ICR under Docket ID No. EPA–HQ–OPP–

1519 2011-0184, which is available for online viewing at www.regulations.gov, or in-person viewing at the 

1520 OPP Docket in the EPA Docket Center (EPA/DC). The EPA/DC Public Reading Room is located in the 

1521 EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public 

1522 Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. 

1523 The telephone number for the EPA/DC Public Reading Room is (202) 566-1744, and the telephone 

1524 number for the OPP Docket is (703) 305-5805. You may submit comments regarding the Agency's 

1525 need for this information, the accuracy of the provided burden estimates and any suggested methods 

1526 for minimizing respondent burden, including the use of automated collection techniques. 

1527 

1528 Submit your comments, referencing Docket ID No. EPA–HQ–OPP–2011-0184 and OMB 

1529 Control No. 2070-0148, to (1) EPA online using www.regulations.gov (our preferred method), or by mail 

1530 to: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), Mail code: 28221T, 1200 

1531 Pennsylvania Ave., NW, Washington, DC 20460, and (2) OMB by mail to: Office of Information and 

1532 Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th 

1533 Street, NW, Washington, DC 20503. 

1534 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review *** 

Page 40 of 42 

1535 ATTACHMENTS TO THE SUPPORTING STATEMENT 

1536 

1537 Attachments to the supporting statement are available in the public docket established for this ICR 

1538 under docket identification number EPA–HQ–OPP–2011-0184. These attachments are available for 

1539 online viewing at www.regulations.gov or otherwise accessed as described in section 6(f) of the 

1540 supporting statement, and as noted below. 

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 

 

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

Page 41 of 42 

1543 

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

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

1546 

Labor Category40 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 - Agriculture, 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