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RIN2070

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AJ22_EO12866_AgWPS_FRM_DraftICR_2015

- 07

- 28.docx



## Draft document as submitted for review under EO 12866

SUPPORTING STATEMENT FOR AN INFORMATION COLLECTION REQUEST (ICR)

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a). Title of the Information Collection

Agricultural Worker P rotection Standard Training, Notification and Recordkeeping ( Final Rule)

OMB Control No.: 2070

- 0190 ; EPA ICR No.: 2491.0 2

1(b). Short Characterization/Abstract

This Information Collection Request (ICR) estimates the recordkeeping and third

- party response burden of paperwork activities associated with the revised rule

, 40 CFR Part 170 , titled “ Worker

Protection Standard ” [RIN 2070

- AJ22]. This rule ICR is intended to replace an existing ICR

, currently approved under OMB Control Number 2070

- 0148, that cover s the information collection requirements

contained in the existing Worker Protection Standard (WPS) regulations , also at 40 CFR Part 170

.

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

- relat ed

information for workers who enter pesticide

- treated areas after pesticide application to perform crop

related tasks, as well as for handlers who mix, load, and apply pesticides. Agricultural employers and commercial pesticide handling establishments (CP HEs) are responsible for providing required training, notifications and information to their employees to ensure worker and handler safety. The changes to the regulation are intended to improve protections and include revisions to many current provisions a s well as the addition of new requirements. The revised rule include s expanded and more frequent training for workers and handlers, improved posting of pesticide

- treated areas, additional information for

workers before they enter a pesticide

- treated area w hile a restricted entry interval (REI) is in effect

, access to more general and application

- specific information about pesticides used on the establishment, and recordkeeping of training to improve enforceability and compliance.

2. NEED FOR AND USE OF THE COLLECTION

2(a). Need/Authority for the Collection

The U.S. Environmental Protection Agency (EPA or the Agency ) is responsible for the regulation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This responsibility inc ludes promoting worker and handler protection and safety from exposure to pesticides. Section 25 of FIFRA gives EPA broad regulatory authority for the purpose of carrying out the various provisions of the Act

. Current regulations at 40 CFR Part 170, last r evised in 1992, establish requirements to protect agricultural workers and pesticide handlers from the hazards of pesticides used in the production of agricultural plants on agricultural establishments.

Some of the agricultural workforce is occupationall y exposed to pesticides and pesticide residues and that exposure can pose significant long

- and short

- term health risks. Workers and handlers are potentially exposed to a wide range of pesticides with different toxicities and risks. There is strong general evidence that such risks can occur and that they can be substantially reduced; the activities subject to this ICR are designed to help reduce these risks by reducing exposure. Overall, the*** EO 12866 Review Draft

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Page 2 of 48 weight of evidence suggests that these paperwork activities, inclu ding the revisions in the final rule, will result in significant health benefits to the nation’s agricultural workers and pesticide handlers.

All of the paperwork activities under this ICR are provided by agricultural employers or

Commercial Pesticide Han dling Establishment (CPHE) employers to or for workers

, handlers or other

persons , and are not reported to EPA. Without the required training, affected employees may be unaware of the risks of pesticide exposure or how to protect themselves. Without the no tifications and information they would not know, among other things, where specific pesticides have been applied or when it is safe to enter a treated area, nor would they have pesticide

- specific information available for health care personnel after an acu te exposure incident. The WPS is enforced by state agencies. The EPA has received feedback from state regulatory partners indicating difficulty enforcing some requirements, due primarily to a lack of records. R ecordkeeping is designed to improve enforcemen t capability as a means of fostering compliance, thereby improving protections.

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

The ICR activities included in the regulation support the regulation’s intent to protect workers, handlers and other persons from occupational exposure to pesticides used on an agricultural establishment. The pesticide safety and application information, safety instructions, pesticide safety training, and entry restriction notifications required by the regulation are workplace practi ces designed to reduce or eliminate exposure to pesticides.

The requirements, such as instructions on safe operations and repair of equipment and notification regarding use of specific pesticides

, provide agricultural workers and pesticide handlers with basic information so they are more informed and better able to protect themselves. T he regulation establishes procedures for responding to exposure

- related emergencies and providing medical personnel with basic information to take responsive measures as ap propriate.

Training and notification are targeted at agricultural workers who perform tasks related to the cultivation and harvesting of plants in areas treated with pesticides, and pesticide handlers who mix, load, and apply pesticides for use in these a reas. The notification and training requirements are necessary to provide agricultural workers and pesticide handlers with the information they need to protect themselves from pesticide poisoning and other pesticide

- related injuries. Recordkeeping of

train ing and notification greatly enhances the enforceability of these requirements.

3. NON

- DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

3(a). Non

- duplication

This ICR covers the only notification activities of its kind, and notifications required in this program occur only once per event. Consequently, duplication is avoided. The regulation provides for an exemption from the requirements of training for certified applicators of restricted

- use pesticides (RUPs) trained under Certification of Pestic ide Applicators regulation found in 40 CFR Part 171. Therefore, no duplication of training is imposed. Additionally, the worker and handler pesticide training recordkeeping was intentionally developed to avoid duplication of training.

3(b)

. Public Notice Required Prior to ICR Submission to OMB

EPA developed proposed changes to the WPS and published them in the Federal Register for public comment (79 FR 15444, March 19, 2014). The proposed rulemaking served as the public notice

for the draft of this ICR

, which is available in the public docket . Interested parties were directed to submit comments referencing Docket ID No. EPA

- HQ

- OPP

- 2011

- 0184. The final rule, Economic*** EO 12866 Review Draft

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Page 3 of 48 Analysis 1 and ICR were developed with consideration of comments received from the public in response to the notice of proposed rulemaking

. EPA has developed a Response to Comments document that summarizes the comments received and EPA’s responses. This document is available in the docket for the rulemaking (EPA

- HQ

- OPP

- 2011

- 0184). Changes to th e regulatory requirements from the proposed to the final rule, such as not including a requirement for recordkeeping when employers provide notification to workers entering a treated area while an REI is in effect, are reflected

in this ICR. Several agricu ltural industry/associations , pesticide manufactures and commodity organizations commented specifically on the ICR.

Highlights of comments received on the ICR and EPA’s responses are summarized below. Many of these comments and responses are explained with additional detail in the Response to Comments document prepared for the final rule, which is available in the docket.

Commenters suggested that EPA use fully loaded wage rates for all affected entities, rather than the unloaded wage rates used in the draft ICR. In response to these comments, EPA uses fully loaded wage rates for employers and handlers in this ICR. EPA agre es that wage rates should be consistent with previous ICRs for the WPS. As has been EPA’s practice with previous ICRs for the WPS, EPA chose not to use fully loaded wage rates for workers in this ICR , retaining the use of loaded wage instead

. Loaded wage r ates are understood to account for the non

- wage benefits that an employee receives, such as paid holiday and sick leave and/or health insurance. Fully loaded wage

rates reflect non

- wage and benefit costs incurred by the employer, such as overhead or equipm ent used by the employee. While handlers use pesticide application equipment, workers under the WPS are those engaged in hand labor activities associated with crop production such as hand weeding, thinning, and harvesting and have few associated equipment costs. One commenter suggested that a higher wage rate, than the rates for certified applicators or those who have completed a train

- the

- trainer course, may be necessary to attract and retain training staff. However, few agricultural establishments

would h ire permanent trainers. For most establishments, either the owner/operator (employer) is a certified applicator or they employ one, and the certified applicator would conduct the pesticide safety training. Other establishments would hire individuals who ha ve completed a train

- the

- trainer course or

state

- approved trainer as needed, so appropriate wage rates are used in this ICR.

Comments were received on the number of greenhouses (estimated in this ICR as 546), which is a reduced amount from the prior I CR ( estimated at 11,350 greenhouses)

. EPA relies on the Census of Agriculture to estimate the number of establishments impacted by the revised WPS. For the draft ICR, EPA obtained a special tabulation of data from the 2007 Census 2 that enumerated, by NAICS

cod e, the total number of farms, nurseries, and greenhouses, as well as the number that use pesticides and/or hire labor. Greenhouses are reported under NAICS code 11141. Publicly available data from the Census does not permit such as the identification of th e number of farms that both use pesticides and hire labor nor does it report greenhouses separately from nurseries and floriculture production, which are all included under NAICS code 1114. For this ICR, EPA estimated the number of farms, including greenho uses, that use pesticides and/or hire labor based on publicly available data from the 2012 Census of Agriculture 3 and the information from the special tabulation of data from the 2007 Census. Please see Appendix A of the Economic Analysis of the Agricultur al Worker Protection Standard for details of the estimation procedure. EPA acknowledges that there are many more greenhouses in operation than are reported under NAICS code 11141 because U.S. farms typically produce a diverse

1 EPA. 2015. Economic Analysis of the Agricultural Worker Protection Standard Revisions

2 USDA, NASS. 2008. 2007 Census of Agriculture. National Agricultural Statistics Service, United States Department of Agriculture. Updated December 2008. http://www.agcensus.usd a.gov/index.php

.

3 USDA, NASS. 2014. 2012 Census of Agriculture. National Agricultural Statistics Service, United States Department of Agriculture. May 2014. http://www.agcensus.usda.gov/Publications/2012/

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Page 4 of 48 array of crops and NAICS codes reflect only the primary so urce of revenue for an entity. However, since those greenhouses are reported as part of other entities listed under other NAICS codes, EPA is confident that this ICR accounts for the full burden of compliance with the WPS.

Commenters suggested that EPA underestimated the costs associated with the proposed requirements for employers to ensure that handlers using products whose labeling requires them to wear a respirator are fit tested, receive training on respirator use, and complete a medical evaluation. In the final rule, EPA has required that employers comply with the respirator fit testing, training, and medical evaluation requirements described in the proposed rule when the use of respirators is required by the labeling. The medical evaluation should identify these potential issues (cardiovascular or pulmonary issues) and disqualify the handler from using a tight

- fitting respirator. Tight fitting respirators include filtering facepiece respirators, full and half face elast omeric respirators and tight fitting powered air purifying respirators (PAPR). However, for these handlers, loose

- fitting PAPRs are an option for respiratory protection because they do not require medical evaluations or fit testing. EPA has reviewed

and re vised its cost estimates for fit testing, training and medical evaluation. The cost estimate assumes that farms would designate one handler to be fit tested so the incremental costs for the filtering facepiece respirators reflects the need to fit test and train on multiple types of respirators. The

increased costs also reflects the cost of the on

- line medical evaluation, which replaces the estimated time of a medical technician reviewing the evaluation, and the cost of the employer’s time to arrange (if

off

- site) or oversee (if on

- farm) the evaluation and fit test, which was previously omitted. EPA has also updated wages . Details of the revised estimate are available in the Economic Analysis for this final rule.

Commenters also requested that EPA consider reducing the respirator

- specific requirement s for small entities. When registering a pesticide product that includes a requirement for handlers to wear a respirator, EPA presumes that handlers can safely use the respirator and that those respirators fit

pr operly. EPA’s presumptions do not vary by size of the establishment where the pesticide is being used, so EPA has not included a variance in the requirements for medical evaluation, training and fit

testing for small entities in the final rule.

Commenter s suggested that EPA underestimated the burden associated with general recordkeeping. Commenters noted that the ICR did not take into proper consideration a number of activities, including, capital and start

- up cost to set up a recordkeeping system, develo p record forms, printing costs, computer/software costs, storage and proper disposal of personally identifiable information, or the costs associated with generating, maintaining, disclosing, or providing the

information. Commenters asserted that the time e stimated for recordkeeping differed from other EPA ICRs, and stated generally that EPA should use estimated burden for recordkeeping from other ICRs. The EPA does not believe that significant capital costs are necessary, as no complex or sophisticated

reco rdkeeping system is necessary for the minimal information required. The recordkeeping requirements do not specify the method (paper or electronic) of creating or storing records. EPA plans

to make available sample recordkeeping forms , although any format is acceptable. EPA notes that the final rule does not include any personally identifiable information, such as birthdate, which was proposed but removed in the final rule, in the recordkeeping requirements. Therefore, EPA has not adju sted the final ICR to account for proper storage and disposal of such information. EPA has chosen to retain its estimates for the time associated with recordkeeping activities. EPA’s estimate reflects the time associated with creating and maintaining recor ds, as well as providing records when requested. One commenter suggested that EPA uses the wrong type of wage rate for recordkeeping activities, and should use the wage rate for data clerks. EPA uses the wage rate for agricultural employers, who are

respon sible for the requirements and would often do the recordkeeping, and using that wage rate is more conservative as it is higher than the clerical rate.

Commenters requested that EPA establish programs or varying requirements based on the size

of the estab lishment to assist small businesses to account for differences in accounting and recordkeeping burden. EPA disagrees with this request. Ensuring that consistent records of pesticide*** EO 12866 Review Draft

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Page 5 of 48 safety training for workers and handlers are maintained is an essential el ement in protecting workers and handlers. The information necessary to verify that workers and handlers receive the required training is the same regardless of the size of the establishment. Neither the frequency nor content of recordkeeping can be reduce d without compromising the intended protections. Recordkeeping occurs
once per event , and EPA believes the minimum information to be effective is required

. EPA plans to make available examples of recordkeeping forms as part of compliance assistance outreach when the final rule is issued, which can be used by small businesses for recordkeeping of pesticide safety training. Sample forms will negate the need for states and tribes to devote resources to the development of standard recordkeeping forms. Further, E PA plans to issue a revised “How to Comply with the WPS” document and other compliance assistance materials after the final rule is published, to assist all entities, including small businesses, with understanding and complying with the revised regulation. Finally, EPA notes that the EA includes a more complete discussion of EPA’s estimate of the costs specific to small entities.

3(c). Consultations

From 1996 to 2000, EPA held public meetings across the country for open dialogue on rule implementation, challenges in compliance, and perceived effectiveness. The meetings were open to the general public.

EPA initiated the National Assessment of the Worker Protection Standard in 2000. Through this process, the EPA convened stakeholder meetings in Texas, California and Florida. Participants included representatives from farmworker advocate organizations, cooperative extension services, commodity organizations, state regulatory agencies, pesticide manufacturers and distributors, and

individual farmworkers a nd growers. Stakeholders provided information about the strengths and weaknesses of the rule’s protections and implementation. The EPA established three workgroups: General training, train

- the

- trainer, and hazard communication. Each of the workgroups met a part from the public meetings to assess specific aspects of the WPS and to recommend improvements.

The assessment concluded with a meeting in Washington, D.C., at which the Report on the National Assessment of EPA’s Pesticide Worker Safety Program was p resented. The various individual opinions and suggestions made during the course of the assessment centered on broad improvement areas: Promotion of safer work practices, improved training of and communication with all pesticide workers, increased enforcem ent efforts and improved training of inspectors, training of health care providers and monitoring of pesticide incidents, and finally, program operation, efficiency and funding. While some of the recommendations have been addressed through grants, program guidance, and outreach, others required regulatory changes.

During the initial stages of developing the proposed rule , the Federal Advisory Committee for

the EPA ’s pesticide program, the Pesticide Program Dialogue Committee, formed a workgroup to provide feedback to the EPA on areas proposed for change. The workgroup had over 70 members representing a wide range of stakeholders. The EPA shared with the workgroup sug gestions for regulatory change identified through the National Assessment of the Worker Protection Program and solicited comments. The workgroup never reached consensus; they focused on evaluating areas for change that the EPA was considering and providing feedback from the perspective of each member.

3(d). Effects of Less Frequent Collection

N otifications in this program are required only once per event, as specified in 40 CFR 170. Consequently, the possibility for less frequent notification does not exist without withholding information

from workers or handlers necessary for them to better protect themselves

. The required frequency of safety training has been increased to one year in the new rule. Less frequent training and notification

would increase risk to agricultural workers and handlers.*** EO 12866 Review Draft

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Page 6 of 48 3(e). General Guidelines

This information collection adheres to OMB’s guidelines at 5 CFR 1320.5(d).

3(f). Confidentiality

EPA is not collecting information under this ICR; the collection focuses on recordke eping and

third

- party training and notification requirements. Further, this activity complies with the provisions of the Privacy Act of 1974 and OMB circular A

- 108.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a). Respondents/NAICS Codes

Responde nts affected by the collection activities under this ICR are agricultural employers o n agricultural establishments, including employers in farms as well as in nursery, forestry, and greenhouse establishments.



### The North American Industrial Classification System (NAICS) codes have been provided in the following table to help identify potentially affected categories and entities. This listing is not, however,

intended to be exhaustive.

NAICS Code Examples of Potentially Affected Entities

111

- Crop production Agricultural employers

– farms and greenhouses

112

- Livestock Agricultural employers

– farms and greenhouses

113

- Forestry and logging Agricultural employers

– forests

115

- Support activities for agriculture and forestry Commercial employers

4(b). Information Requested

The regulation contains paperwork related requirements for information exchanges and notifications, employee trainings, and recordkeeping. The overall estimated potential economic impact

of the final changes to the regulation is presented in the Economic Analysis, which is available as a part of the public version of the official record for the amendment. This ICR describes the information

collection activities contained in the revised regulation, alon g with the estimated burden and costs related to those information collection requirements.

The regulation requires employers to collect, disseminate, and maintain information relating to employee notifications and training, and application of pesticides on agricultural establishments. The information exchanged and the records maintained as a result of this information collection provides agricultural workers and handlers with the information necessary to protect themselves against occupational exposure to pesticides.

(i). Data items, including recordkeeping requirements

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

CFR Part 170.*** EO 12866 Review Draft

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Page 7 of 48 (1). Basic Pesticide Safety Information ( §170.309(h) and §170.311)

The agricultural employer is required to display pesticide safety information on the agricultural establishment if workers or handlers are on the establishment and, within the last 30 days, a pesticide

was used or a restricted

- entry interval was in effect on the establishment. The content of the display includes general safety information to protect against exposure to pesticides and the contact

information for appropriate emergency medical care facility and pesticide enforcement agency. The pesticide infor mation must be displayed at a place on the establishment where workers and handlers are likely to pass by or congregate and can be readily seen and read. The information must also be displayed where decontamination supplies must be provided when the suppli es are located at a permanent site or at sites with 11 or more workers or handlers

.

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

locat ion . The final rule adds a requirement for pesticide safety information to also be displayed at some locations where decontamination supplies are required, and changes to the information to be displayed.

(2). Pesticide Hazard and Application

- specific information ( § 1 70. 311 ( b ) )

For each pesticide application, agricultural employers must record application

- specific information if workers and handlers are on the establishment and within the last 30 days a pesticide product has been used or a restricted

- entry interval has been in effect. The application

- specific information and the relevant Safety Data Sheet (SDS) (pesticide hazard information) must be displayed starting no later than 24 hours from the end of the pesticide application or before a worker’s first entry (whichever is first) and kept on display for 30 days from the end of the restricted

- entry interval, or until workers are no longer on the establishment, whichever is earlier. The application

- specific and pesticide hazard information must be displayed at a place on th e establishment where workers and handlers are likely to pass by or congregate and can be readily seen and read

.

Recordkeeping has been expanded in content and must be retained for 2 years

. The application

- specific information display and record must i nclude the name, EPA registration number, and active ingredients of the product applied; the crop or site treated and the location and description of the treated area; the dates and times the application started and ended; and the end date and duration

of the REI. Application

- specific information records and a copy of the SDS are to be kept for a period of

2 years . The agricultural employer must promptly make the information available upon request to any

worker or handler who is or has been employed by the agricultural establishment during those 2 years

, or to their designated representative

. Also, i f any treating medical personnel, or any person acting under the direction of treating medical personnel, requests access to or a copy of any pesticide applicati on and/or hazard

, the agricultural employer must promptly provide a copy of or meaningful access to all of the requested information applicable to the worker’s or handler’s time of employment on

the establishment.

(3). Notification to Workers of Entry Restrict ions ( § 170.409)

The agricultural employer must notify workers of all entry restrictions associated with pesticide applications during and after applications . Entry restrictions apply in outdoor production and enclosed space production. The regulat ion specifies the entry restrict ions during an application ( §170. 405) and
post

- application ( §170.407)

. Notification s of entry restrict ions are either oral or by the posting of warning signs, and in certain applications, both oral and posting are required (i.e., double notification) ( §170.409 ) . Double notification is required if the pesticide product labeling has a statement requiring both the posting and oral notification.

For outdoor production, posting of warning signs is required for pesticides that h ave an REI greater than 48 hours. If the REI is equal to or less than 48 hours, notification may be given orally or by*** EO 12866 Review Draft

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Page 8 of 48 posting of warning signs. For enclosed space production, w hen posting the entire structure, the signs must be visible from all reasonably expected points of worker entry to the structure or space. If the treated area comprises only a portion of the structure, signs must be posted where they are visible from expected points of entry, including each aisle or walking route that enters the trea ted area. If there are no expected worker entry points, then signs should be posted in the corners of the treated area or where there is maximum visibility.

The signs must be posted prior to application (but no more than 24 hours prior to scheduled appli cation) and must stay up throughout the REI, but must be taken down within 3 days after the end

of the REI . If there are no workers present on the establishment, or if no worker will enter the enclosed space, be within 1⁄4 mile of an outdoor treated area, or if the worker was involved in the application then notifications are not required.

Oral warnings must include the location and description of the treated area, the dates and times when entry is restricted, and instructions to not enter the treated area until the REI has expired.

(4). Establishment

- Specific Information ( §170.403 and § 170.503(b))

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

establishment

- specific information before any worker or handler performs any task on an agricultural establishment where within the last 30 days a WPS pesticide has been used or an REI for such a pesticide has been in effect. The employer must provide the information orally, in a manner the worker

or handler can understand.

Th e establishment

- specific information includes the locations of the pesticide safety information (as described above 4(b)(i)(1)), pesticide application and hazard information, and decontamination supplies.

(5 ). Information Exchange s between Handlers Employ er s and /or Handlers

( §170.309(k), § 170.313 (h )

- (j) , and §170. 503 )

Agricultural employer informs CPHE employer of entry restrict ions ( 170.309(k))

If any handler employed by a CPHE will be working on an agricultural establishment, the agricultural employer must provide the CPHE employer information about, or make sure they are aware of, any restrictions on entering treated areas that are under an REI , including the specific location and description of any treated areas where an REI is in effect that the handler may be in (or may walk within 1⁄4 mile of) and restrictions on entering those areas.

CPHE employer informs handler of entry restrictions on a gricultural establishment (§170.313(h))

The CPHE employer must ensure that any handler under their employment working on an agricultural establishment is provided information about, or is aware of, the specific location and description of any treated areas where a REI is in effect, and restrictions on entering those areas.

CPHE employer informs agricultural employer prior to application (§170.313(i)

- (j))

The CPHE employer must provide the agricultural employer the following information prior to making any pesticide application on the agricultural establishment: the specific location and description of the area(s) to be treated; the date(s) and start and es timated end times of application; the product name, EPA registration number and active ingredients; the REI; whether posting or oral notification or both are required; and any restrictions or use directions on the labeling that must be followed to protect workers, handlers, or other persons during or after application (§170.313(i))

. If there are any changes to*** EO 12866 Review Draft

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Page 9 of 48 the specific location and description of the area to be treated, the REI, whether posti ng, oral notification or both are required, any restrictions o r use directions from the label that must be required for protection, or if the start time for the application will be earlier than scheduled, the CPHE employer must provide the agricultural employer updated information prior to the application. If there a re changes to the product name, EPA registration number and active ingredient, or if the start and end times are after the scheduled time, they must be reported within 2 hours of completing the application. Changes in application end time of less than one hour need not be reported. (§170.313(j)).

H andler employer informs handler of safe use information ( §1 70.503 )

Handler employers (both agricultural employers and CPHE employers) must provide certain labeling and application

- specific information to handle rs. The handler employer must ensure that before any handler performs any handler activity involving a pesticide product that the handler has either read

or been informed of labeling requirements and use directions applicable to the safe use of the pestici de. The handler employer must ensure that the handler is aware of requirements for any entry restriction, application exclusion zones and restricted

- entry intervals as described in § 170.405 and § 170.407 that may apply based on the handler’s activity.

(6 ). Safe Operation of Equipment and Repair (§170.309(i) and §170.313(f), §170.309 ( g) and §170.313(l))

The agricultural employer and CPHE employer must ensure that handlers are instructed in the safe operation of any equipment used for mixing, loading, tra nsferring or applying pesticides.

Agricultur al employers and CPHE employers may assign the tasks to clean, repair, or adjust pesticide equipment that has been used to mix, load or apply pesticides to their employees that have been trained as a handler. If the person(s) assigned to these tasks is not directly employed by the employer, then the employer is required to inform such persons about proper procedures for the handling of equipment before cleaning, repairing or adjusting equipment that has been used to mix, load, transfer or apply pesticides. The employer must inform th is perso n(s) that the equipment may be contaminated with pesticides, the potential harmful effects of pesticide exposure, procedures for handling pesticide application equipment and for limiting exposure to pesticide residues, and personal hygiene practices and de contamination procedures for preventing exposures and removing pesticide

residues.

(7 ). Information Required for Emergency Assistance (§170. 30 9(f)(2) and

§ 170.313(k)(2))

If a worker or handler is poisoned or injured by an exposure to pesticides as a result of th eir employment, the agricultural employer must provide emergency assis tance. That assistance includes provisions of pesticide information related to the circumstance of the exposure or injury.

The agricultural employer must provide to the trea ting medical p ersonnel copies of the SDS(s), the pesticide produc t name, EPA registration number and active ingredients, the circumstances of application or use of the pesticide(s), and the circumstances that could have resulted in exposure to the pesticid e(s). §170.309(f)(2)

Similarly, the CPHE employer must provide to the treating medical personnel the same

information relative to the handle unde r his employment

. § 170.313(k)(2))*** EO 12866 Review Draft

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Page 10 of 48 (8). Pesticide Safety Training for Workers and Handlers ( §170.401 and §170.501)

Agricultural workers must receive training before the worker performs any task on an agricultural establishment where, within the last 30 days, a pesticide product bearing a WPS label has been applied

or an REI has been in effect. Handlers must receive handler training before performing any handling task (mixing, loading, applying) on an agricultural establishment. Note that some employees of an agricultural, establishment may perform both worker and handler tasks. Workers or handlers who are

ce rtified as applicators of Restricted Use Products (40 CFR 171), or are certified as crop advisors are excepted from this training requirement while they meet these criteria. Workers who are trained as

handlers under this rule are also excepted from th e wor ker training requirement while they meet this

criterion.

Workers on agricultural establishments and handlers on agricultural and commercial pesticide handling establishments require annual training. The worker training sessions must be conducted by an individual who has either completed an approved train

- the

- trainer program, is designated as a trainer of certified applicators, workers, or handlers by EPA or the State or Tribal agency responsible for pesticide

enforcement , or is a certified applicator of restricted use pesticides (RUPs) under 40 CFR Part 171

. The handler training must be provided by an individual who has either completed an approved train

- the

trainer program, is designated as a trainer of certified applicators or handlers by EPA, or is a certified applicator of RUPs under 40 CFR Part 171.

Agricultural Worker Pesticide Safety Training ( §170.401)

Agricultural workers must be trained before the worker performs any task on an agricultural establishment where, within the last 30 days, a pesti cide product has been applied or an REI has been

in effect. The agricultural employer must ensure that each agricultural worker is trained in pesticide safety in a manner that the worker can understand. Under the final rule the worker training grace period of 5 days is eliminated. All workers must receive the full worker training annually. The training covers the 11 points described in 40 CFR 170.130(c)(3) and take home exposure, early entry notification,

establishment

- specific information, and hazard infor mation.

The agricultural employer must create and maintain records of worker training for 2 years, including the trained worker’s printed name and signature, the date of the training, information identifying which EPA

- approved training materials were us ed, the trainer’s name and documentation showing the trainer met requirements, and the agricultural employer’s name. The agricultural employer is responsible for providing to the worker, upon request, the record of the training.

Handler Pesticide Safety Training ( §170.501)

Pesticide handlers must be trained before the handler performs any handling task. The handler employer must ensure that each handler is trained in pesticide safety in a manner that the handler can

understand. All handlers must receive the handler training annually. The training covers the 13 points described in 40 CFR 170.130(c)(3) and take home exposure, early entry notification, establishment

specific information, and hazard information.

The agricultural employer must create and maintain records of handler training for 2 years, including the trained handler’s printed name and signature, the date of the training, information identifying which EPA

- approved training materials were used, the t rainer’s name and documentation showing the trainer met requirements, and the handler employer’s name. The handler employer is responsible for providing to the handler, upon request, the record of the training.*** EO 12866 Review Draft

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Page 11 of 48 (9). Personal Protective Equipment Information and Records

Provide handler medical evaluation, fit testing and respirator training and recordkeeping (§170.507(b)( 10

))

Pesticide handler employers must provide handlers with a medical evaluation by a licensed health care professional to ensu re the handler’s physical ability to safely wear the respirator (that conforms with provisions 29 CFR 1910.134). Pesticide handler employers must also provide handlers

with fit

- testing (§ 170.507(b)(10)(i)) and respirator training o n the respirator specifie d on the pesticide product label (§170.507(b)(10)(ii)) that conforms with Occupational Health and Safety (OSHA) Standard provisions at 29 CFR 1910.134. The pesticide handler employer must maintain records documenting the completion of the medical evaluatio n, fit testing and respirator training that conform with 29 CFR 1910.134 for 2 years.

Inform the cleaner/launderer of personal protective equipment (§170.507(d)(8))

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

eq uipment (PPE) that such equipment may be contaminated with pesticides, the potentially harmful effects of exposure to pesticides, the correct ways to clean personal protective equipment and to protect themselves when handling such equipment, and the proper decontamination and personal hygiene practices.

C losed system instructions and training ( §170.607(d)(3))

All handler employers on establishments with closed systems for mixing/loading pesticides must have written operating instructions for the closed system, which must be clearly legible and available at the mixing/loading site. The handler employer must ensure that any handler operating the closed system is trained in its use. Maintenance of closed s ystem is to be done as specified in its written operating instructions and as needed to make sure the system functions properly.

(10). Exceptions/Exemptions

Early

- entry notifications (§ 170.605( b )

- (c) , (f) )

If an agricultural employer directs a worker t o perform activities in a treated area where an REI is in effect, the employer must orally inform each early

- entry worker of the location of the early

- entry area, the pesticide(s) applied, dates and time s that the REI begins and ends, the exception in the regulation under which early

- entry activities will be performed, whether contact with treated surfaces is permitted under the exception, the amount of time the worker is allowed in the treated area, the PPE required by the label for early entry, and th e location of t he pesticide safety display and decontamination supplies. The agricultural employer must ensure that each worker either has read the pesticide product labeling or has been informed, in a manner that the worker can understand, of all labeling requirements and statements related to human hazards or precautions, first aid, and user safety. The agricultural employer also must ensure that each early

- entry worker has been instructed in prevention, recognition, and first aid treatment of heat

- relate d illness.

(ii) Respondent Activities

To respond to this ICR, agricultural employers, and/or commercial pesticide handling establishment (CPHE) employers, generally will engage in the following activities listed under the 11 categories in this section

. S pecific requirements are identified to fulfill the conditions of the major activity.*** EO 12866 Review Draft

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Page 12 of 48 (1) Rule familiarization Activity: Agricultural employers and CPHE employers to learn rule requirements.

 Read 40 CFR Part 170. Agricultural employers and commercial pesticide handling
establishment (CPHE) employers will need to read the regulation in order to familiarize
themselves with the requirements.

(2). Basic Pesticide Safety Information ( §170.309(h) and §170.311) Activity: The agricultural employer displays p esticide safety information on agricultural establishment. The employer would:

 Obtain or create pesticide safety display with content outlined in the regulation. EPA

approved posters will be readily available.

 Display safety information on the establishm ent where workers and handlers are likely to
pass by or congregate and the information can be readily seen and read. The
information must also be displayed where decontamination supplies must be provided
when supplies are located at a permanent site or at sites with 11 or more workers or

handlers

.

 Add location

- specific content to the basic pesticide safety information, including the
name, address and telephone number of the lead state or tribal agency responsible for
pesticide enforcement, and emergency med ical facility contact name, address and
phone number.

 Inform workers and handlers of changes to the required information at beginning of next
work day on agricultural establishment and update display within 24 hours of notice of
any changes to the location

- specific content.

(3) Pesticide Hazard and Application

- specific Information ( § 1 70.311) Activity: Gather, record , display and maintain pesticide hazard and application

- specific

information.

 Record required application

- specific information and maintain a copy of SDS (pesticide
hazard information). The application

- specific information required is as follows:

 the pesticide name,

 EPA registration number,

 and active ingredients of the product applied,

 the crop or site treated and the location and de scription of the treated area,

 dates and times the application started and ended, and

 the end date and duration of the REI.

 Application

- specific information and pesticide hazard information must be on display at a

location on the establishment where worker s and handlers are likely to pass by or
congregate and can be readily seen and read.

 The information must be displayed before workers enter into the treated area or no later than 24 hours from the end of the pesticide application information

, whichever is

first

.

 The information must be displayed for 30 continuous days from the end date of the

restricted

- entry interval, or until workers or handlers are no longer on the

establishment, whichever is earlier.*** EO 12866 Review Draft

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Page 13 of 48  Retain application

- specific information record and pesticide hazard information for 2

years.

 Agricultural employers must make information available upon request to any worker or
handler who is or has been employed by the agricultural establishment during the period

the information i s required to be displayed or the 2 years the records are kept

, or to a designated representative within 15 days of the request.

 Agricultural employers must promptly make information available upon request to any treating medical personnel , or any person a cting under the direction of treating medical
personnel

, during the period that the information was required to be displayed or kept as

a record.

(4) Notification to Workers of Entry Restrict ions ( §107.409) Activity: Notify workers of entry restrictions during and after application

.

 The agricultural employer must notify workers of all entry restrictions associated with
pesticide applications (as required by § 170.405 and § 170.407) either orally or by posting
warning si gns, or both, as required by the regulation and label and in accordance with
§ 170.40 9.

 In outdoor production, employers must give oral notification to workers for all REIs equal
to or less than 48 hours and for all double notification products. Warning sig ns must be
posted for REIs greater than 48 hours and for all double notification products.

 In enclosed space, posting of warning signs is required if the pesticide applied has an
REI greater than 4 hours. If the REI is equal to or less than 4 hours, notif ication may be
given orally or by posting of warning signs. When posting the entire structure, the signs
must be visible from all reasonably expected points of worker entry to the structure or
space. If the treated area comprises only a portion of the stru cture, signs must be posted
where they are visible from expected points of entry, including each aisle or walking
route that enters the treated area. If there are no expected worker entry points, then
signs should be posted in the corners of the treated ar ea or where there is maximum
visibility.

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

 Signs must come down within 3 days of the end of the application

, or at the end of the

REI, whichever is later.

 Oral notifications must be given to workers prior to the application, if workers are on the
premises; otherwise, the oral notification must be given after the application at the start
of the worker’s first work period on the agricu ltural establishment.

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

 t he location and description of the entry

- r estricted area and treated area,

 t he dates and times d uring which entry is restricted, an d

 i nstructions not to enter the treated area or application exclusion zone until the
REI has expired and signs removed

.*** EO 12866 Review Draft

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Page 14 of 48 (5) Establishment

- Specific Information (§170.403 & §170.503(b)) Activity: Provide establishment

- specific information.

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

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

(6) I nformation Exchange s between Handler Employer s and /or Handlers ( § 170.309(k), §170.313(h )

- (j) , and 170.503 ) Activity: Provide application information to agricultural employers, CPHE employers and

handlers.

 The handler employer must ensure that before any handler performs any handler activity
involving a pesticide product, the handler either has read the portions of the labeling
applicable to the safe use of the pesticide or has been informed in a manner the handler
can understand of all labeling requirements and use directions applicable to the safe use
of the pesticide.

 The handler employer must ensure that the handler is aware of requirements for any
entry restrictions, application exclusion zones and rest ricted

- entry intervals as described
in §170.4 05 and § 170.407 that may apply based on the handler’s activity.

 T he CPHE employer ensures that any handler under their employment who is working

on the agricultural establishment is provided information on the location and description
of any treated areas where an REI is in effect and restrictions on entering those areas

.

 For pesticide applications, the agricultural employer informs the CPHE employer, or
makes sure they are aware of, the specific location and description of any treated area
where an REI is in effect that the handler may be in (or may walk within 1⁄4 mile of) and
restrictions on entering those areas

.

 The CPHE employers notify the agricultural employer of the specifics of the treatment
prior to making the application on the agricultural establishment , including the specific
location and description of the treated area, the date(s) and estimated start and end
times of application, the product name, the EPA registration number and active
ingredients, the REI, whether posting, oral notification or both are required, and any

restrictions or use directions on th e labeling that must be followed to protect workers,
handlers or other persons.

 The CPHE employer informs the agricultural employer before the application if there are
any changes to: the specific location and description of the area to be treated, the REI

, whether posting, oral notification or both are required, any restrictions or use directions
from the label required for protection of workers, handlers or others, and if the start time

is earlier than scheduled.

 The CPHE employer informs the agricultura l employer within 2 hours of the end of the
application if there are any changes to the product name, EPA registration number and
active ingredient

, o r if the start and end times are after the scheduled times (except
changes to the end time of less than on e hour).*** EO 12866 Review Draft

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Page 15 of 48 (7) Safe Operation of Equipment and Repair (§170.309(i) and §170.3 13(f), §170.309(g) and §170.313(l)) Activity: Instruct handlers on safe operation and repair of equipment.

 Handler employers, including agricultural employers and CPHE employe rs, must ensure

that handlers are instructed in the safe operation of pesticide equipment.

 Agricultural employers and CPHE employers, can only assign tasks to clean, repair, or
adjust pesticide equipment that has been used to mix, load or apply pesticides to their
employees that have been trained as a handler. If the person(s) assigned to these tasks
is not directly employed by the employer, then the employer is required to inform such
persons about proper procedures for the handling of equipment before cle aning,
repairing or adjusting equipment that has been used to mix, load, transfer or apply
pesticides. The employer must inform the person(s) that the equipment may be
contaminated with pesticides, the potential harmful effects of pesticide exposure,

proce dures for handling pesticide application equipment and for limiting exposure to
pesticide residues, and personal hygiene practices and decontamination procedures for
preventing exposures and removing pesticide residues.

(8) Information Required for Emerge ncy Assistance (§170.309(f)(2) and § 170.313(k)(2)) Activity: Provide pesticide

- specific information to medical personnel in case of an

emergency.

 If a medical emergency exists, the agricultural employer or CPHE employer must
provide the following information to the treating medical personnel:

 copies of the SDS(s)

,

 the pesticide product name, EPA registration number, and active ingredients,

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

 the circumstances that could have res ulted in exposure to the pesticide(s).

(9) Pesticide Safety Training for Workers and Handlers ( §170.401 and §170.501) Activity: Arrange for training of workers and pesticide handlers.

 Train or arrange for pesticide safety training for all existing workers and handlers as well
as new workers and handlers. Workers being sent into pesticide treated areas must be
trained before performing tasks on an agricultural establishment where, within the last 30 days, a pesticide product bearing a WPS label has been applied or an REI has been in
effect. Training for non

- excepted workers and handlers is required annually. Content is
outlined in the regulation at § 170.401 for workers and § 170.501 for ha ndlers.

 Worker and handler pesticide safety trainings are conducted by those designated as a
qualified trainer. Eligibility for trainers is defined at § 170.401(c)(4) for workers and
§ 170.501(c)(4) for handlers.

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

 Training records must include:

 the trained worker or handler’s printed name,*** EO 12866 Review Draft

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Page 16 of 48  the trained worker or handler’s signature,

 the date of the training,

 the information identifying which EPA

- approved training materials were used,

 the trainer’s name and documentation showing the trainer met the eligibility
requirements of trainer, a nd

 the agricultural employer’s name.

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

(10) Personal Protective Equipment Information and Records Activity: Provide respirator training, medical eval uation and fit test to handlers; inform those who clean contaminated PPE; c reate and make available operating instructions for closed systems and train handlers on those operating instructions

Respirator Users: Medical evaluation, fit testing and respirator training ( §170.507(b)( 10 ))

 Pesticide handler employers, which include agricultural employers and CHPE
employers, must provide handlers with respirator training o n the respirator specified on

the label of the pesticide product that the handler will handle . The train ing must conform
with the provisions of OSHA’s 29 CFR 1910.134 (k)(1)(i)

- (vi).

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

the employer to provide effective training to employees who are required to use
respirators. The training must be comprehensive, understandable, and recur annually
and more often if necessary.

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

1910.134

.

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

 t he name or identification of the employe e tested,

 type of fit test performed,

 s pecif ic make, model, style, and size of respirator tested;

 date of test, and

 t he pass/fail results for qualitative fit tests or the fit factor and strip chart
recording or other recording of the test results for quantitative fit tests

.

- Respiratory Training Recordkeeping: OSHA’s 1910.134 does not outline specific
information required to document respiratory training, but employers need to
demonstrate compliance with the required training, at a minimum noting who was

trained and when the training occurred.

Cleaners of PPE ( §170.507(d)(8))

 The pesticide handler employer must inform any person who cleans or launders
personal protective equipment (PPE) that such equipment may be contaminated with
pesticides, the potentially harmful effects of exposure to pesticides, the correct ways to*** EO 12866 Review Draft

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Page 17 of 48 clean personal protective equipment and to protect themselves when h andling such
equipment, and proper decontamination and personal hygiene practices

.

Closed s ystems i nstructions and training ( §170.607(d))

 Employers o n establishments using closed systems must have operating instructions for
the closed system that are clearly legible and available at the mixing or loading site.

 Employers on establishments using closed systems must ensure that any handler
operating the system is trained in its use.

 The closed system must be cleaned and maintained as specified in the written operating
instructions and as needed to make sure the system functions properly.

(11) Exc eptions/Exemptions

Notification of Exceptions for Early Entry

Activity: Notify workers of requirements permitting exceptions/exemptions allowing for tasks to be performed in treated areas.

 When using regulation exceptions for early entry of workers into a treated area, the
agricultural employer must inform each early

- entry worker, orally, of the following

information:

 l ocation of the early

- entry area where work activities are to be performed

,

 p esticide(s) applied

,

 d ates and times that the REI begins and ends

,

 t he exception to the regulation that allows the early entry

,

 d escription of the tasks performed under the exception

,

 w hether c ontact with treated surfaces is permitted

,

 a mount of time th e worker is allowed in the treated area

,

 PPE required by the label ing for early entry , and

 l ocation of the pesticide safety information and decontamination supplies.

 The employer must ensure that each early

- entry worker has been informed in a m anner

the wo rker can understand of the labeling requirements and statements related to
human hazards, precautions, first aid, and user safety.

 Additionally, the employer must ensure that each early

- entry worker has been instructed
in prevention, recognition, and first aid treatment of heat

- related illness.

5. THE INFORMATION COLLECTED

– AGENCY ACTIVITIES, COLLECTION METHODOLOGY,

AND INFORMATION MANAGEMENT

5(a). Agency Activities

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

create and retain records.*** EO 12866 Review Draft

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Page 18 of 48 5(b). Collection Methodology and Management

EPA does not collect or manage information under this ICR. Respondents are allowed flexibility in how they collect and manage the information.

5(c). Small Entity Flexibi lity

The protections in 40 CFR Part 170 depend upon workers receiving the various training and notifications contained in the regulation. These requirements cannot be reduced for small establishments without significantly compromising the protections off ered to their workers and handlers. As such, small entities are required to follow the same requirements as larger establishments, unless exempted as a solely family

- operated establishment under existing 40 CFR 170.204(a) or at the revised

40 CFR 170. 601 (a ). Under this exemption, the owner of an agricultural establishment is not required to provide certain protections to himself or members of his immediate family who are performing handling tasks on their own agricultural establishment.

5(d). Collection Sc hedule

This ICR does not involve agency collection activities.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

The Paperwork Reduction Act ( PRA ) requires EPA to estimate the “paperwork burden

, ” i.e., the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose

or p rovide information to or for a federal a gency. This can include the resources to: review instructions; develop, acquire, install, and use technology and systems; search data sources; colle ct, review, validate, and verify information/data; process and maintain information/data; disclose and transmit/submit information/data; change/adjust the existing ways of complying with any previously applicable instructions and requirements to now comply with new requireme nts; and, train personnel.

EPA is also required to estimate the paperwork costs, which include both the costs associated with the paperwork burden hours, and any additional costs not tied to a burden hour, but incurred under the

PRA none theless.

In this section, EPA describes the assumptions and methods used to estimate the total cost and hourly burden estimates for all PRA activities required under the rule. Table s 5

- 1 7 list the estimated

burden hours and costs associated with this ICR. The estimates are based on the information and figures contained in the Economic Analysis as well as information obtained by the Agency from the U.S. Department of Labor’s Bureau of Labor Statistics (BLS) for wage rates, and U.S. 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

. 4

6(a). Respondent Burden

Respondents inclu de employers on agricultural establishments, workers and handlers on agricultural establishments, CPHE employers, CPHE handlers, and trainers

. The burden includes the respondent’s time to provide, receive, and gather pesticide

- related information and may i nclude

activities such as becoming familiar with the regulations

, conducting or receiving pesticide safety training, respirator fit test ing and training for persons required to use respirators

, preparing and posting pesticide safety and application informa tion signs, providing oral and written notification to persons who

4 USDA, NASS 2008

. 2007 Census of Agriculture. National Agricultural Statistics Service, United States Department of Agriculture. Updated December 2008. http://www.agcensus.usda.gov/index.php

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Page 19 of 48 may enter restricted entry areas, posting site specific pesticide application information, and other provision of information by employers to employees

.

Estimates of burden are based on cited data and Agency assumptions and estimates unless otherwise noted for each requirement and activity. EPA estimates the burden in terms of the time it

takes for a respondent to perform a given activity . T hat time estimate is then multiplied by the numb er of respondents or the number of responses depending upon the activity

, to determine the total time

burden. The burden estimates are explained in detail together with respondent costs, in the next

section

.

6( b ). Estimating Respondent Burden and Costs

(i). Methodology

The various respondent types for this ICR (labor groups that are subject to PRA requirements) are identified. These respondent groups are from agricultural establishments, commercial pesticide handling establishments (CPHEs) , or trainers. A gricultural establi shments include farms, nurseries

, and greenhouse establishments. Farms that do not hire workers or handlers (sometimes called “family farms” in this ICR) ar e exempt from most WPS requirements and, therefore, PRA activities in this ICR. Respondent groups include agricultural employers, agricultural workers, agricultural handlers, CPHE employers, CPHE handlers and trainers.

First, the Agency estimates the burden per response (“event”) for each type of respondent to

conduct each activity. The burden per response is multiplied by the estimated number of responses per year to get the annual burden of each activity for each respondent type. The estimated annual burden hours for each activity and respondent type are summed to get the total annual burden hours for the

ICR.

To calculate the cost the Agency estimated the hourly wage rates for each type of respondent as discussed in section 6 (b)(i)(1), Wage Rates, below. The corresponding cost for each burden hour

estimate is calculate d by multiplying the applicable wage rate by the applicable burden hour estimate (per response, annual per activity, total annual).

Section 6 (b)(ii) Requirements, below, presents the individual rule requirements and resulting PRA activities, with detaile d explanations and estimates for the burden and cost of each.

(1) Wage Rates

For this ICR, the Agency used the estimated wages , benefits, and other costs incurred by an employer for all affected respondent groups based on publicly available data from th e U.S. Bureau of Labor Statistics (BLS). The wage rate methodology uses data from each sector for an unloaded wage rate (hourly wage rate), and then calculates the loaded wage rate (unloaded wage rate + benefits) and fully loaded wage rate (loaded wage rat e plus overhead) . These rates are presented for the respondent labor categories of agricultural employer

, CPHE employer, worker, agricultural handler

, CPHE handler

, and trainer. The time f or owners/operators of agricultural establishments that do not hire workers or agricultural handlers but who handle pesticides is valued at the same wage rate and agricultural employers. The wage rate for agricultural employers is also used to value the time of certified private applicators and the wage rate for CPHE employers is used to value the time of certified commercial applicators.

Each sector’s wage data (with the exception of agricultural establishment workers and handlers) corresponds to a specifi c Standard Occupational Classification (SOC) and for certain categories, a North American Industry Classification System (NAICS) code as well. Specific details are provided in*** EO 12866 Review Draft

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Page 20 of 48 the wage rate table (see Table 1 )

. The SOC system is used by Federal statistical agencies to classify workers into occupational categories for the purpose of collecting, calculating, or disseminating data.

EPA uses fully loaded wage rates for all sectors (respondent groups) in this ICR except

workers. EPA chose not to use fully load ed wage rates for workers in this ICR, retaining the use of the loaded wage rate instead. Loaded wage rates are understood to account for the non

- wage benefits that an employee receives, such as paid holiday and sick leave and/or health insurance. Fully l oaded wage

rates reflect non

- wage and benefit costs incurred by the employer, such as overhead or equipment used by the employee. While handlers use pesticide application equipment, workers under the WPS are those engaged in hand labor activities associate d with crop production such as hand weeding, thinning, and harvesting and have few associated equipment or other overhead costs.

Unloaded Wage Rate

U nloaded w age rates are estimated for the following labor types:

 Agricultural establishment employers

 Commercial pesticide handling establishment (CPHE) employers

 Agricultural establishment workers (trained and untrained)

 Agricultural establishment handlers

 CPHE handlers

 Trainers

EPA uses mean hourly wage data for all relevant labor types, except for agri cultural establishment workers and handlers, available in the National Industry

- Specific Occupational Employment and Wage Estimates from the BLS Occupational Employment Statistics data series. 5 For agricultural establishment workers, the Agency uses the U SDA Farm Labor Report’s annual average wage rate for U.S. fieldworkers. 6 The wage rate for agricultural establishment handlers is calculated as the average of the agricultural establishment employer and worker rates. The overall wage is then weigh t ed in o rder to estimate the wage for handlers aged 16 years and older

. The wage rates are

derived from BLS NAICS 2010 estimates

.

Loaded Wage Rate

EPA calculates loaded wage rates for all labor categories. Loaded wage rates include non

monetary benefits paid to employees such as paid leave, insurance, and retirement contributions 7

. A ccording the Bureau of Labor Statistics , the average private

- sector employee receive s benefits that

amount to 3 1.6 % of the tota l remuneration with unloaded wages accounting for 68.4 %. 8 Loaded wage rates are calculated as the unloaded wage rate divided by 0.684. I n spite of the fact that data from the National Agricultural Workers Survey (DoL) indicate that up to 77% of agricultural workers do not receive benefits as part of their employment 9

, EPA uses the loaded wage rate as the value of time for agricultural workers ($14.64 per hour).

5 BLS May 2010 National Industry

- Specific Occupational Employment and Wage Estimates available at: http://www.bls.gov/oes/2010/may/oessrci.htm

6 USDA November 2007 NASS Farm Labor Report available at: http://usd a.mannlib.cornell.edu/usda/nass/FarmLabo//2000s/2007/FarmLabo

- 11

- 16

- 2007.pdf

7 BLS May 2010 National Industry

- Specific Occupational Employment and Wage Estimates available at: http://www.bls.gov/oes/2010/may/oessrci.htm

8 BLS Employer Costs for Employee Co mpensation

- May 2014 available at: http://www.bls.gov/news.release/archives/ecec_03122008.pdf

9 U.S. Department of Labor, Office of the Assistant Secretary for Policy, Office of Programmatic Policy, National Agricultural Workers Survey (NAWS) 2001

- 2002 A D emographic 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

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Page 21 of 48 Fully Loaded Wage Rate

The fully loaded wage rate s for all sectors except wo rkers a re presented in Table 1. Fully loaded wage rates represent the total cost to employers of an e mployee in a given occupation. In addition to wages and benefits, the fully loaded wage rate includes the cost of overhead or capital needed to employ someone, su ch as building/office sp ace, computers, and equipment. Pesticide handlers use pesticide application equipment, so EPA uses fully loaded wages for these occupations. Since a fully loaded wage rate is not used for workers in the estimation of cost, as explai ned above, only loaded wage rates are presented for workers in Table 1. The loaded wage rate is multiplied by 50% (EPA guidelines 20

- 70%) to get overhead costs, making fully loaded wage rates 150% of loaded wage rates.

Table 1. Wage Rates for Selected Occupations

Category Unloaded Wage Loaded Wage Fully Loaded Wage NAICS

Agricultural Employer * 22.86 33.44 50.17 45

- 1011

CPHE Employer ᵻ 22.32 32.65 48.98 37

- 1010

Worker 10.01 14.64 N/A 45

- 2092

Agricultural Handler 13.7 20.04 30.06 45

- 2091

CPHE Handler 15.9 23.26 34.89 37

- 3012

Trainer 32.25 47.18 70.77 29

- 9010

* Wage rates for Agricultural Employer represent the owner/operator of an establishment that does not employ workers or

handle rs, but how handles pesticides, and represent certified private applicators.

ᵻ W age rates for CPHE Employer represent certified commercial applicators.

(2) Number of Establishments, Workers and Handlers

Additional information used in this ICR includes the number of agricultural establishments subject to the WPS

. To estimate the number of agri cultural establishments that use pesticides and hire

labor

, the Agency used publicly available data from the 2012 Census of Agriculture combined with

information from a special tabulation of data from the 2007 Census of Agriculture 10 11

. The WPS applies to those farms that use pesticides in the commercial production of agricultural plants on farms, forests, nurseries, and greenhouses and primarily to those that employ workers engaged in hand labor activities or handlers working directly wi th pesticides

. According to the 20 12 Census of Agriculture (NASS, 20 14 )

and shown in Table 2 , there are over 2. 1 million ranches, farms, nurseries, and gr eenhouses in the

United States. Over 1.5 million grow crops, including nursery and greenhouse producti on. Almost one million of them reported using pesticides. Based on more refined data from the 2007 Census of Agriculture, EPA estim a tes that about 870,000 crop

- producing establishments used pesticides in 2012 and the Age n cy assumes this is representative of most year s

. Crop

- producing establishments include entities assigned to NAICS 111, crop farming, but also livestock operations assigned to NAICS 112 that

also produce crops. EPA further estimates that there are 374,79 4 agricultural establishments that h ire

workers and/or handlers

, of which 3 04,106 use pesticides

. 12

Table 2. Agricultural Establishments Description of Agricultural

Establishment Number of All Agricultural

Establishments Number of Agricultural

Establishments that Use Pesticides in any given year
All Agricultural Establishments 2,109,303 999,806

10 NASS. 2014. 2012 Census of Agriculture. National Agricultural Statistics Service, United States Department of Agriculture. May 2014. http://www.agcensus.usda.gov/Publications/2012/ NASS.

11 2008. 2007 Census of Agriculture. National Agricultural Statistics Service, United States Department of Agriculture. Updated December 2008. http://www.agcensus.usda.gov/index.php

12 USDA, NASS Special Tabulation of data from 2007 and 2012 Census of Agriculture, 2008 and 2012, respectively*** EO 12866 Review Draft

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Page 22 of 48 Crop

- producing Establishments 1,551,654 871,935 Crop

- producing Establishments Hiring

Workers and/or Handlers 374,794 304,106

Crop

- producing Establishments Hiring

Workers * 312,568 252,940

Crop

- producing Establishments Hiring

Handlers ᵻ 221,187 201,145

Crop

- producing Establishments without

Workers and/or Handlers 1,176,360 567,829

* Source: 2012 Census of Agriculture, EPA estimates based on special tabulation of data from 2007 Census of Agriculture.

ᵻ Includes an estimated 158,961 establishments that hire both workers and handlers, of which 149,979 use pesticides in any given year.

Also shown in Table 2 are two important subsets of crop producing establishments. EPA estimates that 312,5 68 crop

- producing establishments hire workers, of which 252,940 use pesticides in any given year. EPA also estimates that 221,187 crop

- producing establishments hire pesticide handlers, of which 201,145 us e pesticides in any given year. Included in each of these subsets are an estimated 158,961 crop

- producing establishments that hire both workers and handlers, of which 149,979 use pesticides in any given year. Finally, EPA calculates that there are about 1.2 million crop

producing establishments th at do not employ workers or handlers. EPA estimates that almost 570,000 of these farms use pesticides, many of which rely on family labor which is large ly exempt from WPS provisions. Some of these farms, however, are affected by certain PPE provisions.

T able 3 prese nts information on farm labor. From the 2012 Census of Agriculture, there are over 2.7 million people employed on agricultural establishments, the majority of whom work on crop

producing establishments. Not all employees, however, are workers e ngaged in hand labor activities or

ha ndlers working with pesticides. USDA estimates there are less than 1.1 million workers, including those working through labor contractors. 13 EPA, however, conservatively estimates that there are

1 ,995,038 workers and han dlers , of whom 1,813,475 are employed on agricultural establishment s that use pesticides in any given year

. EPA estimates that there are 1,910,055 workers, of whom 1,742,987 work on establishments that use pesticides in a year, and 300,621 pesticide handle rs although 274,053 are estimated to actually handle pesticides in any given year. Included within each of these subsets of employees are an estimate 215,638 handlers who also perform worker tasks, of whom 203,565 are employed on establishments that use pe sticides in any given year

.

Table 3. Agricultural Labor Description of Agricultural

Establishment Number of Employees on All Agricultural Establishments Number of Employees on Agricultural Establishments that Use Pesticides in any given year

All Agricultural Establishments 2,736,417 not available Crop

- producing Establishments 2,408,452 2,098,272 Crop

- producing Establishments Hiring

Workers and/or Handlers 1,995,038 1,813,475

Crop

- producing Establishments Hiring

Workers * 1,910,055 1,742,987

Crop

- producing Establishments Hiring

Handlers ᵻ 300,621 274,053

Crop

- producing Establishments without

Workers and/or Handlers - -

* Source: 2012 Census of Agriculture, EPA estimates based on special tabulation of data from 2007 Census of Agriculture.

ᵻ Includes an estimated 215,638 handlers who also perform worker tasks, of whom 203,565 are employed on establishments that use pesticides in any given year.

13 ERS. 2014. Farm Labor, Number and Geographical Distribution of Hired Farmworkers. Economic Research Service, U.S. Department of Agriculture. Updated October 30. http://ers.usda.gov/topics/farm

- economy/farm

l abor/background.aspx#Numbers*** EO 12866 Review Draft

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Page 23 of 48 For CPHEs, the Agency estimates that there are approximately 42,272 fir ms

. EPA identified
1,936 firms e mploying 14,320 handlers in NAICS 115112 (soil preparation, planting, and cultivating) that engage in pest control services

. 14 The remaining 40,336 CPHEs are estimate d based on the

number of commercial certified applicators. Based on state reports u nder the Certified Applicator Program from 2008 to 2013, EPA estimates that there 89,594 commercial applicators certified to apply pesticides in the Agricultural Pest Control (Plants) Category, who are assumed to be distributed among

firms of one to three applicators.

(ii) Requirements

This section details the Agency’s estimate of burden and cost per respondent for activities in each category of WPS requirements that are defined as paperwork burden. The tables below present

the unit and total hourly burden and costs for a gricultural establishments and CPHE s to comply with the

rule requirements . There are eleven categories each with a varying number of activities in each category that have data items that require record keeping.

(1) R ule familiarization

All existing agricultural establishment employers and commercial pesticide handl ing establishment (CPHE) employers that apply pesticides (i.e., agricultural

- use products covered by the WPS) must become familiar with the WPS requiremen ts. EPA estimates that it will take an average of 30 minutes per year per establishment to review the regulations or compliance guidance

. EPA

estimates that there are 374,794 crop

- producing ( agricultural ) establishments that hire workers and/or

handlers

, 4 2,272 CPHEs and 5 67,829 family farms ( agricultural establishments that apply pesticides

but do not hire workers or handlers , and qualify for the family farms exemption ) . Table 5 shows the activity, respondent group, the number of respondents affected by the activity, the total number of

responses, the hourly wage rate s for each respondent, the time in hours each respondent will spend annually reading the regulations, the cost per respon se for each activity, and the total burden in hours

and total cost. The total time burden for all establishments for rule familiarization is estimated to be
494,448 hours . The total cost is estimated to be $ 24,680,939

. (Table 4 )

Table 4 : Rule Familiarization Activity Respondent

Group Number of

Responden

ts Total

Responses Annually Wage

Rate Per Event

Average TOTALS

(3

- yr. avg. ) ($/hr) Burden Cost Burden Cost

( hours ) ($) (hours) ($)

Rule

Familiarization Agricultural

Establishment Employers Hiring Workers

and/or

Handlers 374,794 374,794 50.17 0.5 25.09 187,397 9,401,707

CPHE Employer 42,272 42,272 48.98 0.5 24.49 21,136 1,035,241 Family Farm

Owners ᵻ 567,829 567,829 50.17 0.5 25.09 283,915 14,243,990

TOTALS 984,895 985,895 492,448 24,680,939

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

ᵻ See §170.601 Exemptions, “ Exemption for owners of agricultural establishments and their immediate families .”

14 D&B. 2014. Database of business information maintained by Hoover’s Inc., a Dun and Bradstreet Company. http://www.hoovers.com/*** EO 12866 Review Draft

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Page 24 of 48 (2). Basic Pesticide Safety Information ( §170.309(h) and 170.311)

The agricultural employer is required to display pesticide safety information on the agricultural establishment at a location on the establishment where workers and handlers are likely to pass by or congregate and it can be readily seen and read. The information must also be displayed where decontamination supplies must be provided, when the supplies are located at a permanent site or at sites with 11 or more people. This requirement only affect s agricultural establishments.

EPA assumes that there is one main pesticide safety information display , typically the permanent site of decontamination supplies, per agricultural establishment that hires labor and uses pesticides (304,106 agricultural est ablishments) and that it takes 2 minutes (0.033 hours) to post the display.

T he number of displays at decontamination sites depends on the size and type of the

establishment. Large and large

- small fruit and vegetable establishments and large greenhouse

es tablishments will potentially have work crews of 11 or more people, especially at harvest. EPA estimates that there are 21,694 such establishments (8,210 large establishments and 13,484 large

small establishments) . On average, the 8,210 large establishments will have 10 occasions per year to post displays and the 13,484 large

- small establishments will have 4 occasions for a total of 136,036 postings. Each occasion takes 2 minutes.

The employer must add contact information to the display for me dical care and for the state lead agency responsible for enforcing the WPS. Any changes to the information required on the pesticides safety information display must be promptly updated at the main location and where decontamination supplies are provided. EPA assumes an average of 3 minutes is needed to fill in the contact information on the safety information display. All 304,106 establishments will need one display for the main location. The 13,484 large

- small fruit and vegetable establishments are expect ed to need an additional display and the 8,210 large fruit, vegetable, and greenhouse establishments are expected to need, on average, 1.5 additional displays to post at decontamination sites with 11 or more people. EPA

, therefore, estimates 329,905 total display poster s needed on agricultural establishments

. EPA assumes

that one

- third, or , on average, 109,968 displays , will need contact information added or changed

.

Multiplying the per event average by the total number of responses for each line item yie lds the

total burden hours and costs. EPA estimates that the total number of burden hours for agricultural

establishments is 20,023 hours and the cost is $ 1,004,559 . (Table 5 )

Table 5 : 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. avg. ) ($/hr) Burden Cost Burden Cost
(hours) ($) (hours) ($)

Post Main Display Agricultural

Employer 304,106 304,106 50.17 0.0 33 2.51 10,035 503,481

Post

Decontamination Display Agricultural

Employer 21,694 136,036 50.17 0.0 33 2.51 4,489 225,223

Add /Change

Contact

Information Agricultural

Employer 304,106 109,96 8 50.17 0.05 2.51 5,498 275,856

TOTALS 304,106 550,110 20,023 1,004,559

* Estimates may not add due to rounding. Respondents are counted only once.*** EO 12866 Review Draft

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Page 25 of 48 (3) Pesticide Application and Hazard Information ( § 1 70.313(h))

For each pesticide application, agricultural employers must record application

- specific information and maintain a copy of the SDS

, and display both of them no later than 24 hours from the end of the application and remain on display for 30 days from the e nd of the REI, or until workers are no longer on the establishment, whichever is earlier

. The display must be posted where workers and handlers are likely to pass by or congregate and can be readily seen and read.

This requirement must be met by all employers hiring workers and/or handlers, estimated to number 304,106 establishments. EPA assumes an average of 20 applications per establishment per

year, resulting in 6,082,120 responses . (Table 6 , Lines 1

- 3)

The app lication

- specific record must include the name, EPA registration number, and active ingredients of the product applied; the crop or site treated and the location and description of the

treated area; the date(s) and times the application started and ended; and the end date and duration of

the REI. EPA calculates that total time to gather and record all the application

- specific information is 7

minutes or 0.117 hours based on the following activities:

 The average time to gather and record the application inf ormation is assumed to take 5

minutes.

 To obtain a copy of the SDS information takes an estimated 4 minutes based on internet searches performed by the Agency. SDS are also typically available at pesticide dealers.

 T he same product may be used on multipl e sites on a farm ; it is assumed that on average one SDS is needed for two application records which results an average of 2 minutes per application record. Therefore, 5 minutes plus 2 minutes equals 7 minutes to gather and record application specific info rmation.

To post this information, it is assumed to take 1 minute per response or 0.017 hours.

Application

- specific information and the relevant SDS are to be kept as records for a period of
two years. EPA assumes it takes 1 minute or 0.017 hours per application to store the record and a copy

of SDS.

The agricultural employer must provide upon request the application

- specific information and pesticide hazard information to any worker or handler who is or has been employed by the agricultural

esta blishment

, their designated representative , and/or treating medical personnel while displayed and during the two year s the records are kept

.

EPA assumes that the majority of requests for information will come from current employees and that a request wil l be made for information on about one application in 20, or an estimated average

of one request per establishment per year, for a total of 304,106 requests per year. In the case of the current employee, locating the applicable records is likely to be fai rly simple as the employee should be able to provide exact information about the time and location of the application in question. EPA assumes that the employer will have the same burden regardless of who requests the information. EPA

estimates that the ex change of information would take about 6 minutes (0.1 hours) , for a total burden of 30,411 hours

. (Table 6 , Line 4)

EPA further assumes that about one in 100 workers and handlers will make a request for information after they have left an establishment’s employ, or 19,950 requests per year. EPA assumes that the agricultural employer will spend, on average, 21 minutes (0.35 hours) to respond to a request including the time to verify the former employee’s work status, period of time on the establishment, a nd the appropriate records and to send the records, either electronically or by mail, to the requester. Total*** EO 12866 Review Draft

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Page 26 of 48 burden for responding to requests from former employees is calculated to be 6,983 hours. (Table 6

, Line 5)

EPA estimates that the total number o f burden hours for agricultural establishments to gather,

record and maintain records is 949,711 hours and the cost is $ 47,647,006 . (Table 6 )

Table 6 : Pesticide Hazard and Application Specific Information Activity Respondent

Group Number of

Respondents Total

Responses Annually Wage

Rate Per Event

Average TOTALS

(3

- yr. avg ) ($/hr) Burden Cost Burden Cost
(hours) ($) (hours) ($)

Gather and

Record Agricultural

Employer 304,106 6,082,120 50.17 0.1 17 5.85 709,581 35,599,662

Post

Information Agricultural

Employer 304,106 6,082,120 50.17 0.017 0.84 101,369 5,085,666

Maintain

Records Agricultural

Employer 304,106 6,082,120 50.17 0.017 0.84 101,369 5,085,666

Provide

information
on request

current employee Agricultural

Employer 304,106 304,106 50.17 0.10 5.02 30,411 1,525,700

Provide

information
on request

– former employee Agricultural

Employer 304,106 19,950 50.17 0.35 17.56 6,983 350,312

TOTALS 304,106 18,5 70,416 949, 711 47,6 47

, 006

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

(4) Notification to Workers of Entry Restrictions ( § 170.409)

Agricultural establishment employers must notify workers of all entry restrictions associated with a pesticide application as required by § 170.405 and § 170. E mployers must either orally notify workers or post warning signs in accordance with § 170. 4 0 9. Employers must post warning signs for outdoor production applica tions with restricted entry intervals (REIs) greater than 48 hours. Workers must be

notified of o utdoor app lications of products with an REI of 48 hours or less either orally or by posted warning signs. In the case of indoor production, posting is required if the REI is greater than 4 hours

, otherwise notification may be either oral or by posting . Double notifi cation is required if the pesticide product labeling has a statement requiring both the posting and oral notification. Pos t ed notifications

must be taken down after the end of the REI.

EPA estimates that there are 252,940 establishment s that hire wor kers that also use pesticides (Table 2)

. EPA also estimates that 1,742,987 workers are employed on agricultural establishments that use pesticides. On average, establishments are assumed to make 20 pe sticide applications per year. To estimate the number and mechanism by which workers are notified of REIs, the Agency divide s these establishment s by type of production (outdoor vs indoor) and by economic size.

 Outdoor production. EPA estimates that there are 252,394 farms and nurserie s primarily engaged in ‘outdoor’ production (identified by NAICS 111 except 11141) that hire workers and use pesticides. It is assumed that farms and nurseries make, on average, 8 applications requiring posting and 14 applications where they make oral noti fications, including 2 occasions

with do uble notification requirement. EPA estimates that there are 1,727,929 workers on these

establishments.*** EO 12866 Review Draft

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Page 27 of 48  Indoor production, large. EPA estimates that there are 108 large greenhouses primarily engaged in ‘indoor’ produ ction (NAICS 11141) that hire workers and use pesticides. It is assumed that large greenhouses post signs for 20 applications and make 2 applications where they also make oral notifications (double notification requirement). EPA estimates that there are

12 ,860 workers in large greenhouses that use pesticides.

 Indoor production, small. EPA estimates that there are 438 small greenhouses primarily engaged in ‘indoor production (NAICS 11141) that hire workers and use pesticides. It is assumed that small greenh ouses post signs for 16 applications and make 6 applications where they make oral notifications, including 2 occasions with dou ble notification requirement). EPA estimates that there are 2,199 workers in small greenhouses that use pesticides.

Posting. A posting event includes posting the signs prior to application (but no more than 24 hours prior to scheduled application) and removing the posting after the REI has expired

. EPA

assumes 2 warning signs are typically needed for each event but that 3 may be needed due to the proximity of worker housing or multiple access points in larger fields. The agricultural employer is assumed to post the signs. As noted above, the Agency assumes that farms and nurse ries primarily engaged in ‘outdoor’ production will average 8 posting events per year.

 EPA estimates that there are 53,478 large farms and nurseries that hire workers and use pesticides, resulting in 427,824 posting events. EPA assumes 70% of the events will entail posting 2 signs and 30% will entail posting 3 signs for 983,995 postings (427,824 x 0.7 x 2 ) + ( 427,824 x 0.3 x 3).

 EPA estimates that there are 96,239 large

- small farms and nurseries that hire workers and use
pest icides, resulting in 769,912 posting events. EPA assumes 80% of the events will entail posting 2 signs and 20% will entail posting 3 signs for 1,693,806 postings (769,912 x 0.8 x 2 ) + ( 769,912 x 0.2 x 3).

 EPA estimates that there are 65,380 medium

- small f arms and nurseries that hire workers and use pesticides, resulting in 523,040 posting events. EPA assumes 90% of the events will entail posting 2 signs and 10% will entail posting 3 signs for 1,098,384 postings (523,040 x 0.9 x 2 ) + ( 523,040 x 0.1 x 3).

 E PA estimates that there are 37,297 small

- small farms and nurseries that hire workers and use pesticides, resulting in 298,376 posting events. EPA assumes 95% of the events will entail posting 2 signs and 5% will entail posting 3 signs for 611,671 postings (298,376 x 0.95 x 2 ) + ( 298,376 x 0.05 x 3).

 Finally, the estimated 108 large greenhouses that hire workers and use pesticides are assumed to average 20 posting events each requiring 2 signs for 4,320 postings (108 x 20 x 2) and the

estimated 438 small greenhouses that hire workers and use pesticides are assumed to average 16 posting events each requiring 2 signs for 14,016 postings (438 x 16 x 2).

In total, the Agency estimates there will be 4,406,192 postings (983,995 + 1,693,806 + 1,098,384 +

611,671 + 4,320 + 14,016) and each posting event is assumed to take 10 minutes (0.17 hours) of the
agricultural employer’s time. ( Table 7 , Line 1)

.*** EO 12866 Review Draft

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Page 28 of 48 Oral Notification. EPA assumes that in 10% of the applications requiring oral notification, the employer must ma ke a second notification for workers in different locations or working different shifts.

EPA also assumes about 80% of workers will receive an oral notification about any single application, on average, since all workers may not be present on the establis hment for the duration of a REI.

 For farms and n urseries (outdoor production) , the Agency estimates that there are 3,533,516 occasions requiring oral notifications, given 252,394 establishments averaging 14 occasions per year. Given assumptions about se cond notifications, there will be 3,886,868 oral notifications by employers on farms and nurseries.

 EPA estimates that there are 1,727,929 workers on farms and nurseries. Given 14 applications with oral notification per year, the Agency calculates there will be 19,352,805 notifications received each year (1,727,929 workers x 80% on site x 14 applications).

 For large green house establishments (indoor production) , the Agency estimates 216 occasions requiring oral notifications, given 108 establishments averaging 2 occasions per year. EPA assumes that in 10% of the occasions, the employer must make a second n otification for workers in different locations or working different shifts resulting in 238 oral notifications by employers in large greenhouses.

 EPA estimates that there are 12,860 workers in large greenhouse establishments that use pesticides. Given 2 applications with oral notification per year, the Agency calculates there will be 20,576 notifications received each year (12,860 workers x 80% on site x 2 applications).

 For s mall green house establishments , the Agency estimates 2,628 occasions requiring oral notifications, given 438 establishments averaging 6 occasions per year. EPA assumes that in 10% of the occasions, the employer must make a second notification for workers in different

locations or worki ng different shifts resulting in 2,891 oral notifications by employers in small greenhouses.

 EPA estimates that there are 2,199 workers in small greenhouse establishments that use pesticides. Given 6 applications with oral notification per year, the Age ncy calculates there will be 10,555 notifications received each year (2,199 workers x 80% on site x 6 applications.

Each oral notification is estimated to require 3 minutes of the agricultural employer’s time as

well as 3 minutes time of per worker pre sent on the farm or greenhouse during the REI (0.05 hours).

Therefore, the Agency estimates that agricultural employers will make 3,889,997 oral notifications (3,886,868 employer oral notifications to workers for farms and nurseries + 238 employer

oral n otifications to workers for large green houses + 2,891 employer oral notification to workers for small green houses )

. ( Line 2 in Table 7 )

For a gricultural workers , the Agency estimates they will receive a total of approximately 19,383,936 notifications (19,352,805 notifications to workers on farms and nurseries + 20,576 notifications to workers in large green houses + 10,555 notifications to workers in small green houses ). (Line 3 in Table 7 )

EPA estimates that the total average time in terms of burden hours and costs for agricultural establishments to inform workers of an area under an REI is 1,898,062 hours with a cost of $60,790,2 11

. (Table 7 )*** EO 12866 Review Draft

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Page 29 of 48 Table 7 : Notification to Workers of Restricted E ntry Areas

Activity Respondent

Group Number of

Respondents Total

Responses Annually Wage

Rate Per Event

Average TOTALS

(3

- yr. avg. ) ($/hr) Burden Cost Burden Cost
(hours) ($) (hours) ($)

Post

Indoor/outdoor Agricultural

Establishments 252,940 4,406,192 50.17 0.17 8.36 734,365 36,843,112

Provide Oral

Notification Agricultural

Establishments 252,940 3,889,99 7 50.17 0.05 2.51 194,500 9,758,05 7

Receive Oral

Notification Agricultural

Workers 1,742,987 19,383,93 6 14.64 0.05 0.73 969,197 14,189, 041

T OTALS 1,995,927 27,680,12 5 1,898,062 60,790,2 11

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

(5) Establishment

- Specific Information ( §170.403 and §170.503(b))

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

establishment

- specific information before any worker or handler performs any task in a treated area on an agricultural establishment. The employer must provide the inform ation orally, in a manner the worker

or handler can understand.

The establishment

- specific information includes the locations of the pesticide safety information (as described above), pesticide application and hazard information, and decontamination supplies. EPA

estimates that all 374,794 agricultural establishments w ill provide establishment specific information 2

times a year resulting in 749, 588 responses for agricultural establishments. Each response requires 1 minute of the employers time. In addition the Agency estimates that 1,995,038 agricultural workers will receive establishment specific information one time per year and that it takes 1 minute of the employee’s time to receive this information resulting in 1,995,038 responses. There is no record keeping requirement for this activity.

EPA estima tes that the total average burden in terms of hours and costs for agricultural employers is 45,744 hours and $ 1,113,5 70

. ( Table 8 )

Table 8 : Establishment

- s pecific Information

Activity Respondent

Group Number of

Respondents Total

Responses Annually Wage

Rate Per Event Average TOTALS

(3

- yr. avg. ) ($/hr) Burden Cost Burden Cost
( hours ) ($) (hours) ($)

Inform

Provide

Establishment Specific

Information Agricultural

Establishment ᵻ 374,794 749, 5 88 50.17 0.017 0.8362 12,493 626,7 80

Agricultural

Worker s/Handlers 1,995,038 1,995,038 14.64 0.017 0.2440 33,251 486,789

TOTALS 2,369,829 2,744,620 45,744 1,113, 5 70

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

ᵻ A ssumes 2 early entry events per year per establishment.*** EO 12866 Review Draft

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Page 30 of 48 (6) Information Exchange s between Agricultural Employer s, Commercial Pesticide

Handl ing Establishment (CPHE) Employer s, and Handlers ( §170.309(k), §170.313 (h)

- (j)

, and §170.503 )

There are requirements for the handler employers to exchange certain information, and to share this information with their handler employees. The following information exchanges include the burden of both the respondent that provides the information and th e respondent that receives that information. The total burden for all respondents to comply with these requirements is 4,448,631 hours and $ 212,805,871

. (Table 10 )

Agricultural Employer Informs CPHE Employer of Entry Restrict ions

If any handler employed by a CPHE will be working on an agricultural establishment, the agricultural employer/operator must provide the CPHE employer the specific location and description of any areas that may be treated or areas where an REI may be in effect and that th e handler may be in (or walk within 1⁄4 mile of), and any restrictions on entry into those areas

. The CPHE employer is to then provide this information to the CPHE handler

.

EPA estimates that the annual average number of agricultural establishments that app ly pesticides is 871,935 (Table 2) . Each agricultural establishment is assumed to contract with CPHE’s for one application a year

. Based on state reports under the Certified Applicator Program , t he Agency estimates that there are 89,594 commercial applicat ors certified in crop protection. Assuming each commercial applicator makes or directs 90 pesticide applications per year results in 8,063,460 contract pesticide applications on agricultural establishments (more than 9 applications per establishment, on

av erage) each of which require the agricultural employer to inform the CPHE employer of any treated areas in the vicinity of the area the handler will be

. EPA assumes it takes 3 minutes (0.05 hours), on average, for the agricultural employer to provide (and the CPHE employer to receive) the information about other treated areas considering that for many instances there will be no other treated areas

where an REI is in effect in the area. ( See Table 9 , Lines 1 and 2. )

T he CPHE employer is required to provide that information (that is, the location and description of any treated areas where an REI is in effect and restrictions on entering those areas ) to the CPHE

handlers working on the agricultural establishment . This information exchange result s in a time

- cost for the CPHE employer to provide information and the CPHE handlers to receive information. This time

cost requirement does not include self

- employed CPHE handlers as they are already informed of the application because they are assumed to be the CPHE employer who had the information exchange with the agricultural employer . For those CPHEs that hire labor and are required to inform their handlers of the applications made CPHEs including those on WPS farms. EPA estimates that there are
1,936 CPHE em ployers providing and 14,320 handlers receiving the information. T his information exchange will occur for 1,288,800 application s, assuming that each handler makes 90 applications per

year (14,320 x 90 = 1,288,800). EPA assumes that it takes 3 minutes (0.0 5 hours) for the employer to provide and the handler to receive the information for each notification. (Table 9 , Lines

– 3 and 4 )

CPHE Employer Informs Agricultural Employer prior to Application

T he CPHE applicator must also provide application information to the agricultural

establishments on which it makes the application, prior to making any pesticide application on the agricultural establishment. The information the CPHE employer must provide, or make sure the agricultural employer is aware of, includes the specific location and description of the area(s) to be treated; the date(s) and start and estimated end times of application; the product name, EPA registration number and active ingredients; the REI; whether posting, oral notification or both are required; and any restrictions or use directions on the labeling that must be followed to protect workers,*** EO 12866 Review Draft

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Page 31 of 48 handlers, or other persons during or after application. If there are any changes to the spec ific location and description of the area to be treated, the REI, whether posting, oral notification or both are required, any restrictions or use directions from the label that must be required for protection, or if the start time for the application will be earlier than scheduled, the CPHE employer must provide the agricultural establishment employer updated information prior to the application. If there are changes to the product name, EPA registration number and active ingredient, or if the start and en d times are after the scheduled time, they must be reported within 2 hours of completing the application. Changes in application end time of less than one hour need not be reported. (§170.313(j))

From above, t he Agency estimates that there are 42,272 com mercial firms making 8,063,460 contract pesticide applications on agricultural establishments

. EPA estimates that 70% of the applications applied by CPHE handlers require 2 exchanges of information and the remaining 30% require 1 exchange of information , o r 1.7 notifications per application, on average . The total number of notifications by CPHE handlers to agricultural establishments that use pesticides is , therefore,
13,707,882 (8,063,460 x 1 .7). EPA assumes it takes 6 minutes (0.10 hours) for CPHEs to noti fy and for the agricultural establishment to receive the information

. (Table 9 , Lines 5 and 6 )

Handler Employers Inform Handlers of Safe Use Information

Handler employers (agricultural establishment employers or CPHE employers) must provide certain labeling and application

- specific information to handlers. The handler employer must ensure that before any handler performs any handler activity involving a pe sticide product, has been informed of labeling requirements and use directions applicable to the safe use of the pesticide. The handler employer must ensure that the handler is aware of requirements for any entry restrictions, application

exclusion zones a nd restricted

- entry intervals as described in §170.405 and §170.407 that may apply based on the handler’s activity. (§170.503 )

This information exchange result s in a time

- cost for the handler employer to provide information

and the handler to receive info rmation. EPA estimates that there are 201,145 agricultural employers of

handlers that use pesticides each year and they employ 274,053 handlers. EPA assumes that the handlers are responsible for 10 applications per year, on average, totaling 2,011,450 appl ications per

year. EPA further assumes that the exchange of information will take 7 minutes (0.117 hours). (Table 10, Lines 7 and 8)

.

EPA estimates that there are 1,936 CPHE employers who will inform each of their 14,320 handlers for each application . As estimated above, CPHE handlers account for 1,288,800 applications

per year

. EPA estimates that it takes 7 minutes of the CPHE employer to provide information and 7 minutes for each handler to receive the information. (Table 9 , Lines 9 and 10)

T he total average burden in terms of hours and costs for respondent s to comply with this requirement is 4,449,061 hours and $ 212,820,860 . (Table 9 )

Table 9 : 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. avg. ) ($/hr) Burden Cost Burden Cost
(hours) ($) (hours) ($)

1. Agricultural

Establishment

Provides

Information on

treated areas Agricultural

Establishment Employer 871,935 8,063,460 50.17 0.05 2.50 9 403,173 20,227,189*** EO 12866 Review Draft

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Page 32 of 48 under an REI to

CPHE employer

2. CPHE

receives

information on

treated areas

under a REI CPHE

Employer 42,272 8,063,460 48.98 0.05 2.449 403,173 19,747,414

3. CPHE

Provides

Information on

treated areas

under an REI on ag establishment

to CPHE

Handlers CPHE

Employer 1,936 1,288,800 48.98 0.05 2.449 64,440 3,156,271

4. CPHE

Handlers receive

Information on

treated areas

under an REI on ag establishment

from CPHE employer CPHE

Handler 14,320 1,288,800 34.89 0.05 1

. 745 64,440 2,248,312

5. CPHE employer provides application information to Ag

establishment employer CPHE

Employer 42,272 13,707,882 48.98 0.10 4.898 1,370,788 67,141,206

6. Ag

establishment employer

receives the application

information from CPHE employer Agricultural

Establishment Employer 871,935 13,707,882 50.17 0. 1 0 5.017 1.370,788 68,772,444

7. Ag

Establishment

Provides Label/Application

Information to

Handlers Agricultural

Establishment Employer 201,145 2,011,450 50.17 0. 117 5.870 235,340 11,806,990

8. Ag Handler

Receives Label/Application

Information from Ag

Establishment Ag

Establishment

Handlers 274,053 2,011,450 30.06 0. 117 3.517 235,340 7,074,310

9. CPHE Employer

Provides Label/Application

Information to

CPHE Handlers CPHE

Employer 1,936 1,288,800 48.98 0. 117 5.731 150,790 7,385,675

10. C PHE

Handler

Receives

Label/I nformation

from CPHE CPHE

Handlers 14,320 1,288,800 34.89 0.117 4.071 150, 790 5,26 1 ,0 49

TOTALS 1,202,580 52,720,784 4,44 9

, 0 61 212,8 2 0 ,8 60

*Estimates may not add due to rounding. Respondents are counted only once.*** EO 12866 Review Draft

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Page 33 of 48 (7) Safe Operation, Cleaning and Repair of Equipment (§170.309(i) and §170.313(f), §170.309 ( g) and §170.313(l) )

The agricultural employer and CPHE employer must ensure that handlers are instructed in the safe operation of any equipment used for mixing, loading, transferring or applying pesticides.

Agricultur al employers and CPHE employers can only assign the task s to clean, repair, or adjust pesticide equipment that has been used to mix, load or apply pesticides to their employees that have been trained as a handler. If the person(s) assigned to these tasks is not directly employed by the employer, then the employ er is required to inform such persons about proper procedures for the handling of equipment before cleaning, repairing or adjusting equipment that has been used to mix, load, transfer or apply pesticides. The employer must inform the person(s) that the equ ipment may be contaminated with pesticides, the potential harmful effects of pesticide exposure, procedures for handling pesticide application equipment and for limiting exposure to pesticide residues, and personal hygiene practices and decontamination pro cedures for preventing exposures and removing pesticide

residues.

EPA estimates that there are 201,145 agricultural establishments employing handlers that use pesticides in a given year (Table 2)

. Most establishments probably have one handler to whom

info rmation must be provided. Of the 72,908 large farms that have more than one handler and use pesticides, the Agency estimates that 20% (14,582) will have to provide pesticide equipment safety

information on 2 occasions per year and the other establishments provide the information once, resulting in 215,727 responses annually

. EPA estimates that there are 274,053 handlers employed on agricultural establishments that use pesticides (Table 3) and all receive the equipment safety

information once per year

. Instr uction is assumed to take 5 minutes (0.083 hours).

For CPHEs, there are 1,936 establishments that provide pesticide equipment safety information

, likely in conjunction with pesticide safety training. EPA assumes CPHEs conduct 1.3 safety training

sessions each year, resulting in 2,517 responses. EPA estimates the number of CPHE handlers to be
14,320 all of whom receive the information once

. Instruction is assumed to take 5 minutes (0.083 hours).

T he total average burden in terms of hours and costs for ag ricultural employers to comply with this requirement is 42,218 hours and $ 1,640,330

. ( Table 1 0 )

Table 1 0 : 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 ) ($) (hours) ($)

Agricultural Employer

informs

handlers. Agricultural

Establishment Employer 201,145 215,727 50.17 0.083 4.181 17,977 901,919

Agricultural

Establishment

Handler 274,053 274,053 30.06 0.083 2.505 22,838 686,503

CPHE Employer

informs

handlers. CPHE

Employer 1,936 2,517 48.98 0.083 4.082 210 10,273

CPHE

Handler 14,320 14,320 34.89 0.083 2.908 1,193 41,635

TOTALS 491,454 506,617 42,218 1,640,330*** EO 12866 Review Draft

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Page 34 of 48 *Estimates may not add due to rounding. Respondents are counted only once.

(8) Information Required for Emergency Assistance (§170.309(f)(2) and § 170.313(k)(2))

In the event of an illness or injury to a worker or handler that may have been caused by a pesticide exposure, the agricultural employer must provide the relevant SDS(s), product information, and circumstances of the application and exposure to the attending medical personnel a s specified in §170.309(f)(2) and § 170.313(k)(2)

.

To determine the burden and cost of this activity, the Agency assumes that the number of responses is equivalent to the total number of incidents involving pesticides on agricultural

establishments

. EPA relied on the SENSOR

- Pesticides database to estimate the number of pesticide incidents that occur annually. As a result of this exercise, the Agency identified 703 cases most relevant to agricultural situations occurring over three years or 234 incidents per year. To determine whether the

incidents could be prevented , EPA’s benefits analysis divided these incidents into two categories: incidents that could be prevented by the changes to the WPS and incidents that could be prevented by the proposed changes to the certification rule . EPA did this to avoid double counting an incident as a benefit in both rules. However, any incident involving a pesticide on an agricultural establishment could require the agricultural employer to provide emergency assistance so this section considers the incidents in both categories (those that are relevant to WPS and those that are relevant to the proposed changes to the certification rule.)

The next step is to extrapolate the 234 agricultural pesticide incidents per year i n SENSOR

Pesticides to the estimated number of incidents per year nationally

, ac counting for underreporting and

the subset of states that participate in SENSOR

- Pesticides. T he Agency estimates that less than 10% of incidents are reported to a database like SENSOR, implying at least 2,340 agricultural pesticide

incidents annually . Only 10 states report to SENSOR

- Pesticides; extrapolating to the national level based on the number of workers and handlers results in at least 4,212 agricultural pesticide inciden ts nationally per year while extrapolation based on the number of agricultural establishments results in at least 6,786 agricultural pesticide incidents nationally. Taking the midpoint, the estimated number of incidents is 5,500 per year. Based on the Agen cy’s assessment of the three years of data ; these

incidents are assumed to be categorized as follows:

• 57%, or 3,145 cases would be relevant to the final WPS rule; and

• 43%, or 2,355 cases would be relevant to the proposed certification rule.

The next step is to estimate the number of agricultural pesticides incidents that would occur each year after the changes to the WPS are implemented and assuming the proposed changes to the certification rule are implemented. EPA estimates 30

- 56% of incidents associat ed with the WPS could

be prevented by the changes to the WPS , implying 1,383 to 2,2 01 incidents would still occur. Separately, the Agency estimated that 70

- 85% of cases relating to certified applicators could be prevented if the proposed changes to the certification rule are implemented , leaving 353 to 706 incidents. Therefore, the Agency estimates that 1,736 to 2,907 incidents involving agricultural pesticides will still occur each year after the two rules are implemented

. Taking the midpoint, the Agency estimates there would be about 2,320 agricultural pesticide incidents per year , where an agricultural employer may need to provide emergency assistance . Medical information would not be needed in every incident, as some ar e minor and the worker will not seek medical care, however the Agency includes all estimated incidents in estimating burden.

EPA estimates that there are 304,106 agricultural establishments that hire workers and/or handlers and use pesticides and 1,936 C PHEs. Assuming that emergency assistance is equally likely to be needed from either establishment, agricultural establishment employers would respond to 99.4% of incidents, or 2,306, and CPHE employers would respond to 14 incidents.*** EO 12866 Review Draft

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Page 35 of 48 EPA assumes that eac h provision of pesticide

- specific emergency information takes 5 minutes of the employer’s time to locate and provide it to medical personnel.

EPA estimates that the average burden in terms of hours and costs for agricultural worker and handler employers to comply with this requirement is 193 hours and $9,698. (Table 1 1 )

In addition, the treating medical personnel may request additional application and hazard information as specified in §170.311(b) during the period the information is displayed or required to be

retained as records. The burden of obtaining the application and hazard information is estimated in Section 6(b)(iii)(3).

Table 1 1 : Information Required for Emergency Assistance

Activity 15 Respondent

Group Number of

Respondent

s Total

Response s Annually Wage

Rate Per Event

Average TOTALS

(3

- yr. average) ($/hr) Burde

n Cost Burde

n Cost

( hours ) ($) (hours) ($)

Agricultural Employer

Provides

Information

to Medical

Personnel Ag.

Establishment Employer 304106 2,306 50.17 0.083 4.18 1 92 9,641

CPHE Employer

Provides

Information

to Medical

Personnel CPHE Employer 1936 14 48.98 0.083 4.0 8 1 57

TOTALS 306,042 2,320 1 93 9,698

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

( 9 ) Pesticide Safety Training for Workers and Handlers ( §170.401 and §170.501)

Annual training is required for all agricultural workers and handlers on agricultural establishments and handlers employed by commercial pesticide handling establishments (CPHEs)

.

Calculations in this ICR are based on assumptions the Agency made about the number of training sessions held each year. EPA estimates that the average burden in terms of hours and costs for agricultural and CPHE employers and their worker and handler employees to comply with this requirement is 2,265,160 hours and $ 63,331,424 . (Table 1 2 )

Agricultural Worker Pesticide Safety Tr aining

Workers must be trained before they perform any tasks on an agricultural establishment in an

area that, within the last 30 days, has been treated with a pesticide or is under an REI. Workers who are trained as handlers under this rule, are certified as applicators of Restricted Use Products (40 CFR 171), or are certified as crop advisors are ex em pted from this training requirement while they meet

these criteria

. The training must be provided by persons designated by EPA, state or tribal pesticide

15 The transfer of pesticide information which can be phoned or faxed in by the employer is assu med to take 5 minutes of an employer’s time per event.*** EO 12866 Review Draft

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Page 36 of 48 enf orcement agencies as a trainer of certified applicators, handlers, or workers; trainers that have completed an approved Train

- the

- Trainer course; or certified applicators (40 CFR 171). The wage rate for the first two categories of trainers is $70.70 and a certified applicator is assumed to be the agricultural employer (wage rate $50.17).

Worker pesticide safety trainings are the responsibility of the agricultural establishment employer. EPA estimates that the re are 312,56 8 establishments that hire workers, i.e., those that engage in hand labor activities in the production of crops. Operations that primarily raise livestock (NAICS 11 2 ) are not included in the estimate because it is assumed that the types of crops primarily raised do not necessitate hiring agricultural workers. Handlers that work on livestock operations are included in the handler training section below. This estimate i ncludes establishments that do not use pesticides on the assumption that most establishments will conduct trainings early in the season before pesticide application decisions are made, but will train workers in case pesticides are needed. EPA

further estim ates that there will be a total of 518,487 training session s per year given multiple trainings to accommodate different sizes of workforce across different types of farms:

 Large establishments (annual revenue of $750,000 or more) with more than 10 employee s, estimated to number 16,454, hold an average of 6.4 training sessions per year;

 Large establishments (annual revenue of $750,000 or more) with fewer than 10 employees, estimated to number 40,224, hold an average of 1.45 training sessions per year;

 Small establishments (annual revenue of less than $750,000) with more than 10 employees, estimated to number 17,598, are assumed to hold an average of 3.25 training sessions per

year;

 Small establishments (annual revenue between $10,000 and $750,000) with fewer than 10 employees, estimated to number 167,377, are assumed to hold an average of 1.27 training sessions per year;

 Small establishments (annual revenue less than $10,000) with fewer than 10 employees,
estimated to number 70,917, are assumed to hold an aver age of 1.2 training sessions per year.

EPA assumes that 14% of trainings will be conducted by trainers of certified applicators, accounting for 72,588 training sessions held on 43,760 establishments; 10% of trainings will be conducted by trainers who completed a Train

- the

- Trainers program, accounting for 51,849 training sessio ns held on 31,257 establishments; and 76% of trainings will be conducted by certified applicators, accounting for 394,050 training session h eld on 237,551 establishments. (Table 1 2

, lines 1

- 3 )

EPA estimates that there are 1,910,055 employees on farms that primarily produce crops (NAICS 111) and hire labor. Given a new hire rate of 16% 16 , the Agency estimates that 84% of the 215,638 handlers employed on establishments hiring workers, or 181,136, will be returning employees who will receive handler safety tr aining. Thus, the Agency estimates that 1,728,919 workers (1,910,055

- 181,1 36) will be trained each year. (Table 1 2

, line 4 )

The training time requirement for worker training sessions is estimate d to take 45 minutes (0.75 hours) to cover the training content.

E mployers (numbering 312,568) are required to make a record of the training (numbering 518,487 as calculated above) and have it signed by the trained worker (numbering 1,728,919) . The estimated time burden for agricultural establishmen t to collect signatures and file the records of training

16 Department of Labor (DOL). 2005. National Agricultural Workers Survey (NAWS) 2001

- 2002 A Demographic and Employment Profile of United States Farm Workers Research Report No. 9, Office of the Assis tant Secretary for Policy, Office of Programmatic Policy, U.S. Department of Labor, March. Available here: http://www.doleta.gov/agworker/report9/naws_rpt9.pdf*** EO 12866 Review Draft

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Page 37 of 48 is 7 minutes (0.12 hours) per training session

. The time required for workers to sign is 30 seconds (0.0083 hours) per worker . Employers are required to keep records of training for 2 years, includin g names of workers trained, trainer’s name and eligibility, and the employer’s name; date; materials used; and signature acknowledgement of receipt of training. This record must be provided to the employee upon their request. EPA estimates that one

- third o f workers (576,306) will request a copy, given that 28% of workers report having multiple employers 17

. EPA assumes it takes about 2 minutes (0.033 hours) per request for the employer to copy the trainin g record. (Table 1 2

, lines 5

- 7 )

Agricultural Handler Pe sticide Safety Training

Handler pesticide safety trainings are the responsibility of the handler employer. Handlers are trained annually and t he training time for agricultural establishment handler training is estimated to take

60 minutes.

EPA estimates that the re are 2 21

, 187 establishments that hire handlers (Table 2) , including establishments that do not apply pesticides on the assumption that most establishments will conduct trainings early in the season before pesticide application decisions are made, but will train handlers in case pesticides are needed. EPA further estimates that there will be a total of 134,424 training

session s per year given the number of trainings across different sizes of farms:

 Large establishments (annual revenue of $750,000 or more), which are assumed to average 2 handlers/farm, estimated to number 79,434, will average 0.8 training sessions/year (4 trainings for every 5 farms, as some farms are able to share resources), resulting in 63,547 training sessions;

 Large

- s mall establishments (annual revenue between $100,000 and $750,000), which are assumed to average 1 handler/farm, estimated to number 141,753, will average 0.5 training sessions/year (1 training for every 2 farms, as some farms are able to share resources), resulting in 70,877 training sessions.

The training must be provided by persons designated by EPA, state or tribal pesticide enforcement agencies as a trainer of certified applicators or handlers; trainers that have completed an approved Train

- the

- Traine r course; or are certified applicators (40 CFR 171). EPA assumes that 14% of trainings will be conducted by trainers of certified applicators, accounting for 18,819 training sessions for 30,966 establishments; 10% of trainings will be conducted by trainers who completed a Train

- the

Trainers program, accounting for 13,442 training sessions for 22,119 establishments; and 76% of trainings will be conducted by certified applicators, accounting for 102,162 training sessi on for 168,102

establishments. (Table 1 2

, lines 8

- 10 )

EPA estimates that there are 300,621 handlers, including those that are employed on

establishm ents that do not hire workers. This number includes 16% (the new hire rate) of the 215,638 handlers employed on establishments that hire workers (34, 502) who also receive worker safety training. (Table 1 2 line 11 )

Employers (numbering 221,187) are required to make a record of the training

. Given a new hire

rate of 16% 18 , the Agency assumes that there will be 1.16 training occasions per establish ment, or 256,577 occasions. The estimated time burden for the agricultural establishment employer to collect signatures and file the records of training is 4 minutes (0.067 hours) per training occasion

. See line 12.

The record must be signed by the traine d handler (numbering 300,621), which is assumed to take 30

secon ds (0.0083 hours) per handler. (Table 1 2, line 13 )

17 Ibid.

18 Ibid.*** EO 12866 Review Draft

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Page 38 of 48 The employer must maintain the record for 2 years and provide a record of the same

information to the handler upon request

. EPA estimates that 16% of handlers (48,099) will request a copy, given the new hire rate of 16% 19 , assumed to represent the turnover rate of handlers. EPA assumes it takes about 2 minutes (0.033 hours) per request for the employe r to copy the training

record. (Table 1 2, line 14 )

CPHE Handler Pesticide Safety Training

Handler pesticide safety trainings are the responsibility of the handler employer. Certified applicators do not need to take WPS handler training. The training time for CPHE handler training is

estimated to take 60 minutes.

EPA estimates that the re are 1,936 commercial establishments that hire 14,320 handlers (D&B,

201 4 )

. EPA assumes that there will be a n average of 1.3 training sessions per firm, given an average of over 7 handlers per firm and some turnover of employees. EPA , therefore, estimates a total of 2,517 training session s per year.

The training must be provided by persons designated by EPA, state or tribal pesticide enforcement agencies as a trainer of certified applicators or handler s; trainers that have completed an approved Train

- the

- Trainer course; or are certified applicators (40 CFR 171). EPA assumes that 14% of trainings will be conducted by trainers of certified applicators, accounting for 352 training sessions for

271 establis hments; 10% of trainings will be conducted by trainers who completed a Train

- the

- Trainers program, accounting for 252 training sessions for 194 establishments; and 76% of trainings will be conducted by certified applicators, accounting for 1,913 training s ession for 1,471 es tablishments. See

lines 15

- 17. EPA assumes that none of the handlers are certified applicators, so all 14,320 handler s take the WPS safety training. (Table 1 2

, line 18 )

Employers (numbering 1,936) are required to make a record of the training

. Given the Agency’s assumption about the average number of trainings per firm, the Agency calculates that there will be 2,517 training occasions necessitating a record. The estimated time burden for the agricultural establishment employer to colle ct signatures and file the records of training is 4 minutes (0.067 hours)

per training occasion

. See line 19. The record must be signed by the trained handler (numbering 14,320), which is assumed to take 30 seco nds (0.0083 hours) per handler. (Table 1 2, li ne 20 )

The employer must maintain the record for 2 years and provide a record of the same

information to the handler upon request

. EPA estimates that 16% of handlers (2,291) will request a copy, given the new hire rate of 16% 20 , assumed to represent the tu rnover rate of handlers. EPA assumes it takes about 2 minutes (0.033 hours) per request for the employer to copy the training

record. (Table 1 2, line 21 )

EPA estimates that the average burden in terms of hours and costs for agricultural worker and

handler employers to comply with this requirement is 2, 252, 9 12 hours and $ 6 2

, 7 25

, 8 41 . (Table 1 2 )

19 Ibid.

20 Ibid. Table 1 2 : Pesticide Safety Training

Activity Respondent

Group Number of

Respondents Total

Responses Annually Wage

Rate ($/hr) Per Event

Average TOTALS

Burden (hours) Cost

($) Burden (hours) Cost

($)*** EO 12866 Review Draft

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Page 39 of 48 Train Workers on Pesticide Safety (Lines 1

- 3) Trainers of

Certified Applicators (14% of trainings) 43,760 72,588 70.7 7 0.75 53.03 54,441 3,852,782

Trainers who completed a

Train

- the

Trainer program (10%

of trainings) 31,257 51,85 9 70.7 7 0.75 53.03 38,8 87 2, 752,015

Certified Applicator of

RUPs * (76% of

train ings) 237,551 394,050 50.17 0.75 37.63 295,537 1 4,827,099

4. Attend worker pesticide safety training Workers (minus

trained

handlers 181,135) 1,728,919 1,728,919 14.64 0.75 10.98 1 ,296,689 1 8,983,531

5. Record and

maintain records of worker training Agricultural

establishment employers 312,568 518,863 50.17 0.12 5.85 60,4 90 3,03 4

, 791

6. Sign Acknowledgemen

t of worker training Workers (minus

trained handlers) 1,728,919 1,728,919 14.64 0.0083 0.12 14,408 210,928

7. Provide copy of record upon
request Agricultural

establishment employers 312,568 5 76

, 306 50.17 0.033 1.66 19

, 018 954,138

8

– 10. Train

handlers of agricultural

establishments Trainers of

certified applicators ( 14

% of train ings) 18,819 18,819 70.77 1.00 70.77 18,819 1,331,8 21

Trainers who completed a

Train

- the

Trainer

program ( 10%

of train ings) 13,442 13,442 70.77 1.00 70.77 13,442 951,312

Certified Applicator of

RUPs * (76% of

train ings) 102,162 102,162 50.17 1.00 50.17 102,162 5,125,480

11. Attend handler training on agricultural

establishment Agricultural

establishment

handlers 300,621 300,621 30.06 1.00 30.06 300,621 9,036,667

12. Record and

maintain records of handler training (agricultural establishment) Agricultural

establishment employers with handlers (1.16

sessions where

the 0 .16 is the new hire rate) 221,187 256,577 50.17 0. 07 5.85 17,105 858,164

13. Sign Acknowledgemen

t of worker training (receive a

copy upon request) Handlers of

agricultural

establishments 300,621 300,621 30.06 0.0083 0.25 2,505 75,306*** EO 12866 Review Draft

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Page 40 of 48 * assume certified applicator is the agricultural establishment employe r

(10) Personal Protective Equipment (PPE) Information

The WPS includes requirements for agricultural employers and CPHE employers when certain PPE is used, such as training or instructions that must be provided to employees

. In summary, the Agency estimates that the average burden in terms of hours and costs for agricultural establishment employers and their handler employees to comply with th e s e requirement s is 210,833 hours and $ 8,645,639 . (Table 1 3 A )

For family farms, the Agency estimates that the average burden is 10,643 hours and $ 533,958

. (Table 1 3 B )

. Lastly, f or CPHEs, t he Agency estimates that the average burden in terms of hours and costs for CPHE employers and their handler employees is 21,217 hours and $ 1,028,138 . (Table 1 3 C )

The requirements and associated assumptions used to estimate the bur den in terms of hours

and costs are described below:

Respirator Users: Medical Evaluation, Fit

- Testing and Respirator Training ( §170.507(b)(10))

Agricultural handler s that use products with labeling that requires a respirator must complete a

medical evaluation, respirator fit test, and respirator training . H andler employers are required to keep records documenting compliance for 2 years

. 14. Provide copy of record upon
request Agricultural

establishment employers 221,187 48,099 50.17 0.033 1.66 1,587 79,633

15

- 17. Train

handlers of

CPHEs Trainers of

certified applicators (14% of 2793*1.3) 271 352 70.77 1.00 70.77 352 24,932

Trainers who completed a

Train

- the

Trainer program (10%

of 2793*1.30 194 252 70.77 1.00 70.77 252 24,932

Certified Applicator of RUPs (76% of the 1.3 trainings by commercial

certified applicators) 1,471 1,913 48.98 1.00 48.98 1,913 93,699

18. Attend handler training

on CPHEs CPHE Handlers 14,320 14,320 34.89 1.00 34.89 14,320 499,625

19. Record and

Maintain records of handler training (CPHE) CPHE

employers (1.3 sessions per

CPHE 1,936 2,517 48.98 0.07 3.27 168 8,218

20. Sign acknowledgement of handler training CPHE Handlers 14,320 14,320 34.89 0.0083 0.29 119 4,164

Provide copy of record upon
request CPHE

employers 1,936 2,291 48.98 0.033 1.62 76 3,703

TOTALS 2,121,277 6,14 7

, 4 24 2, 252, 9 12 6 2

, 7 25

, 841*** EO 12866 Review Draft

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Page 41 of 48  EPA assumes the handler will spend about 30 minutes filling out the medical evaluation,

available on

- line.

 The fit test and training takes about 30 minutes , which the Agency assumes is taking at an off

farm testing center

.

 EPA assumes an agricultural employer spends about one hour of time arranging the medical

evaluation

, fit test and training

.

 EPA assumes that collect ing and storing documentation takes the employer 4 minutes (0.07 hours) per handler.

Agricultural Establishments

. EPA assumes that 7 5 % of all large agricultural establishments (annual revenue of $750,000 or more) that primarily produce crops (NAICS 111) and hire labor will have one handler undergo respirator fit testing and training, thus 42,508 establishments and handlers. Further, 75% of large

- small agricultural establishments (annual revenue between $100,000 and $750,000) that primarily produce vegeta bles (NAICS 1112), fruits and nuts (NAICS 1113), tobacco (11191), and cotton (11192), as well as nurseries and greenhouses (NAICS 1114) and hire labor will have one handler undergo respirator fit testing and training, thus 19,090 establishments and handler s. EPA assumes that establishments that primarily produce livestock (NAICS 112) and large

- small farms

that produce oilseeds and grain (NAICS 1111) and other crop production, such as forage (NAICS 11193, 11194, and 11199) are less likely to utilize products requiring a respirator. In total, the Agency calculates there will be 61,598 establishments and handlers subject to the requirement. (Table 13 A)

Family Farms

. E stablishments that do not hire workers or handlers (family farm) must also comply with the respirator fit requirements if they use products covered by the WPS that require a respirator. The handlers on these crop

- producing establishments are an owner/operator or the immediate family of the owner/operator. EPA assumes that 40% of large family far ms (annual revenue of $750,000 or more) that use pesticides and produce oilseeds and grain (NAICS 1111), vegetables (NAICS 1112), fruits and nuts (NAICS 1113), tobacco (11191), and cotton (11192), as well as nurseries and greenhouses (NAICS 1114) will have an operator/handler undergo respirator fit testing and training, thus 4,284 establishments and handlers. Further, 40% of large

- small family farms (annual revenue between $100,000 and $750,000) that primarily produce vegetables (NAICS 1112), fruits and

nut s (NAICS 1113), tobacco (11191), and cotton (11192), as well as nurseries and greenhouses (NAICS 1114) will have one operator/handler undergo respirator fit testing and training, thus 2,682 establishments and handlers. In total, the Agency calculates there will be 6,966 establishments and handlers subject to the requirement. ( Table 13 B )

CPHEs

. Commercial operations will already obtain respirator fit test and training under OSHA. Under the WPS, CPHE handler employers (1,936) are required to keep records documenting the completion of medical evaluation, respirator fit testing, and respirator training for their handlers that wear respirators. EPA assumes that half of all CPHEs handlers will use a respir ator for pesticide products covered by the WPS resulting in 7,160 records. ( Table 1 3 C)

Cleaners of PPE ( §170.507(d)(8))

Handler employers are required to inform the person who cleans or launders PPE equipment or clothing that the PPE equipment or clothi ng may be contaminated with pesticides, the harmful effects of exposure to pesticides and the proper method to clean contaminated personal protective equipment or clothing and how to protect themselves. EPA assumes all 304,106 agricultural establishments u sing pesticides and all 1,936 CPHEs will have to provide this information once annually. The person who

cleans or launders is assumed to be a handler. EPA estimates that it takes agricultural and CPHE employers 5 minutes to inform cleaner/launderer persons of this information. (Table 1 3 A )

Closed Systems Instructions ( §170.607(d))*** EO 12866 Review Draft

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Page 42 of 48 Agricultural establishment employers must c reate and make available at the mixing or loading

site operating instructions for closed systems . The employer must ensure that any ha ndler operating the closed system is trained in its use.

 EPA assumes that it takes the employer approximately 2 hours to write down the operating instructions, but that instructions would only have to be updated about every 5 years, for an

annual burden of 0.4 hours.

 EPA assumes that the employer spends about 15 minutes (0.25 hours) to train a handler to use the system.

Agricultural Establishments

. For agricultural establishments

, EPA assumes that 50% of the large and establishments producing oilseeds and grain (NAICS 1 111), vegetables (NAICS 1112), fruits and nuts (NAICS 1113), tobacco ( NAICS 11191), and cotton ( NAICS 11192), as well as nurseries and greenhouses (NAICS 1114) or 26,314 establishments will have a closed system. EPA further assumes that 40% of large

- small agricultural establishments producing vegetables (NAICS 1112), fruits and nuts (NAICS 1113), tobacco ( NAICS 11191), and cotton ( NAICS 11192), as well as nurseries and greenhouses (NAICS 1114) or 10,182 establishments will have a closed system. Smaller agri cultural

establishments (annual revenue less than $100,000) would not typically own such a system. In total, therefore, EPA calculates there will be 36,496 establishmen ts subject to the requirement. EPA assumes an equal number of handlers will receive the training, i.e., one operator per establishment. (Table 13 A)

Family Farms . For establishments that do not hire workers or handlers, i.e., rely on family
labor, EPA assumes that one

- third of large establishments (annual revenue of $750,000 or more) produc ing oilseeds and grain (NAICS 1111), vegetables (NAICS 1112), fruits and nuts (NAICS 1113), tobacco (11191), and cotton (11192), as well as nurseries and greenhouses (NAICS 1114) or 3,570

establishments will have a closed system . Further, EPA assumes that the operator of all establishments trains one other family member in the operation of the system . (Table 1 3 B, Lines 4

- 6 )

CPHEs

. For CPHEs , EPA assumes that all 1,936 establishments have

, on average 2 closed
systems

. Thus, they will create 3,872 sets of operating instructions. EPA assumes that the firms will train, on average, 4 handlers to operate the system. For self

- employed CPHEs (commercial applicators) , the A gency assumes all of the estimated 40,336 firms will have 1 closed system

. As these

firms are assumed to have a single operator, there will not be training associated with these firms.*** EO 12866 Review Draft

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Page 43 of 48 Table 1 3 A: PPE Information

- Agricultural Establishments (hire workers)

Activity Respondent

Group Number of

Respondents Total

Responses Annually Wage

Rate ($/hr) Per Event

Average TOTALS

Burden (hours) Cost

($) Burden (hours) Cost ($)

1. Agricultural

Handler Respirator Training and

Fit Test Ag

Establishment

Handlers (assume 1 handler per large and large

- small

farm = 27.3% of handlers) 61,598 61,598 30.06 0.50 15.03 30,799 925,818

2. Respirator

Medical

Evaluation Ag

Establishment

Handlers 61,598 61,598 30.06 0.50 15.03 30,799 925,818

3. Employer

Administration of Respirator Fit Testing

, training and

medical

evaluation Ag Employer 61,598 61,598 50.17 1.00 50.17 61,598 3,090,372

4. Record and

Maintain

Records Ag

Establishment Employer (assume all large and large small

farms with handlers) 61,598 61,598 50.17 0.07 3.34 4,107 206,025

5. Inform

Cleaner

/launderer Ag

Establishment Employer 304,106 304,106 50.17 0.083 4.18 25,342 1,271,417

6. Cleaner/

launderer

receives

information Cleaner/

launderer (assume 1 for each handler) 304,106 304,106 30.06 0.083 4.18 25,342 761,786

7. Provide

written operating

instructions for closed system Ag Employer

(assume 50% of large and large

- small farms) 36,496 36,496 50.17 0.40 20.07 14,598 732,394

8. Provide Closed System Training Ag

Establishment Employer 36,496 36,496 50.17 0.25 12.54 9,124 457,746

9. Receive Closed System Training Ag

Establishment

Handler 36,496 36,496 30.06 0.25 7.52 9,124 274,264

10. TOTALS 669,810 964,091 210,833 8,645,639

* Estimates may not add due to rounding. Respondents are counted only once.*** EO 12866 Review Draft

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Page 44 of 48 Table 13 B: PPE Information

- Agricultural Establishments without hiring workers or handlers

Activity Respondent

Group Number of

Respondents Total

Responses Annually Wage

Rate ($/hr) Per Event

Average TOTALS

Burden (hours) Cost

($) Burden (hours) Cost ($)

1. Family

Farms Respirator Training and

Fit Test Farm

Operator 6,966 6,966 50.17 0.50 25.09 3,483 174,732

2. Medical

Evaluation Farm

Operator 6,966 6,966 50.17 0.50 25.09 3,483 174,732

3. Record and

Maintain

Records Farm

Operator 6,966 6,966 50.17 0.07 3.34 464 23,298

4.Provide

written operating

instructions for closed system Farm

Operator 3,570 3,570 50.17 0.40 20.07 1,428 71,643

5. Provide Training for

Closed Systems Farm

Operator 3,570 3,570 50.17 0.25 12.54 893 44,777

6. Receive Training for

Closed Systems 2 nd Operator 3,570 3,570 50.17 0.25 12.54 893 44,777

TOTALS 10,536 31,607 10,643 533,958

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

Table 13 C: Personal Protective Equipment Information

- CPHEs

Activity Respondent

Group Number of

Respondents Total

Responses Annually Wage

Rate ($/hr) Per Event

Average TOTALS

Burden (hours) Cost

($) Burden (hours) Cost ($)

1. Record and

Maintain

Records of Respirator Fit

Test and Training CPHE

Employer 1,936 7,160 48.98 0.07 3.43 501 24,549

2. Inform

Cleaner/

launderer CPHE

Employer (assumes 1

CPHE

Cleaner/

Launderer/ CPHE) 1,936 1,936 48.98 0.083 4.08 161 7,902*** EO 12866 Review Draft

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Page 45 of 48 3. Cleaner/

launderer

receives

information Cleaner/

launderer (assumes 1

CPHE

Cleaner/

Launderer/ CPHE) 1,936 1,936 34.89 0.083 2.91 161 5,629

4. CPHE Employer

Provide written operating

instructions for closed system CPHE

Employer 1,936 3,872 49.98 0.40 19.99 1,549 77,409

5. CPHE Employer

Provides Closed System Training CPHE

Employer 1,936 1,936 49.98 0.40 19.99 774 38,705

6. CPHE

Handler

Receives Closed System Training CPHE

Handler (assumes 4

CPHE

handlers/ CPHE) 7,744 7,744 34.89 0.25 8.72 1,936 67,547

7. CPHE Self

Employed

Provide written operating

instructions for closed system CPHE

Employer 40,336 40,336 49.98 0.40 19.99 16,134 806,397

TOTALS 11,616 64,920 21,217 1,028,138

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

( 11 ) Exceptions/Exemptions ( §170.605)

Notification of Exceptions for Early

– Entry Activities

If the agricultural employer directs a worker to perform activities in a treated area where an REI is in effect (i.e., early entry), the agricultural employer must notify the worker of certain required

in formation regarding th at entry, includ ing the l ocation of the early

- entry area where work activities are to be performed , p esticide(s) applied , d ates and times that the REI begins and ends

, t he exception to the regulation that allows the early entry d escription of the tasks performed under the exception

,
w hether contact with treated surfaces is permitted , a mount of time the worker is allowed in the treated

area

, PPE required by the labeling for early entry , and the l ocation of the pesticide safety information

and decontaminat ion supplies. The employer must ensure that each early

- entry worker has been informed of the labeling requirements and statements related to human hazards, precauti ons, first aid, and user safety and instructed in prevention, recognition, and first aid tre atment of heat

- related illness.

EPA assumes that there will be an event necessitating early entry associated with one ou t of 50 pesticide applications. EPA further assumes that there are 20 pesticide applications per agricu ltural establishment per year, on average, implying a 40% chance of an event occurring on an establishment. Given 252,940 farms employing workers and using pesticides, the Agency estimates there will be 101,176 early ent ry events per year, on average. EPA assumes that it takes the agric ultural employer 6 minutes (0.10 hours) on average to obtain the required information and another 6 minutes (0.10 hours) to provide it to the workers going into the treated area.*** EO 12866 Review Draft

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Page 46 of 48 EPA assumes that 50% of workers on an establishment will be involved in earl y entry activities should they occur. Given a 40% chance of an event occurring on an establishment, the Agency estimates that approximately 20% of the 1,742,988 workers employed on an agricultural establishment that applies pesticides , or 348,598 workers, are involved in early

- entry events per year. As above, 6 minutes of each involved worker’s time will be required for each oral notification during any early

- entry

events.

EPA estimates that the total average burden in terms of hours and costs for agricultural employers and their worker/handler employees to comply with this requirement is 55,095 hours and $ 1,525,547 . (Table 1 4 )

Table 1 4 : Notification of Exception for Early

- Entry Activities

Activity Respondent

Group Number of

Respondents Total

Responses Annually Wage

Rate Per Event

Average TOTALS

(3

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

(hours) ($) (hours) ($)

Gather

information Ag.

Establishment Employer 101,176 101,176 50.17 0.10 5.02 1 0

, 1 1 8 507,600

Provide Oral

Notifications Ag.

Establishment Employer 101,176 101,176 50.17 0.10 5.02 10,118 507,600

Receive Oral

Notification Ag. Worker ᵻ 348,598 348,598 14.64 0.10 1

. 4 6 34,860 510,347

TOTALS 449,774 550,950 55,095 1,525,547

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

ᵻ Assume 20 % of 1,813,475 agricultural workers.

6( c ). Estimating Agency Burden and Cost

This ICR involves activities conducted by respondents, including notification to third parties. EPA does not conduct any activities or collect any information under this ICR so there is no Agency

burden and cost to estimate

.

6( d ). Estimating the Total Burden and Costs

The following section prov ides the respondent

s’ total burden and cost for the activities detailed in the previous tables. Using the estimates for the number of respondents for each activity and the associated per respondent burden and cost estimates derived in the preceding section s, the Agency

calculated the total burden and costs (Table 1 5 ) . Becau se the Agency does not collect information, the Agency does not have any associated burden or cost.

6( e ). Total Burden Hours and Cost Tables

Table 1 5 : Total Estimated Burden Hours And Costs

Hours Costs

Respondents 10, 448,160 $ 42 4

, 1 66

, 295

Agency n/a n/a*** EO 12866 Review Draft

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Page 47 of 48 6(f). Cross

- walk of ICs to Supporting Statement

IC Title Supporting

Statement

Crosswalk

1 Rule Familiarization Table 4

2 Agricultural Employers Display Basic Safety Information Table 5

3 Agricultural Employers Record/ Maintain Pesticide Application Records and Copy of Safety

Data Sheet and Provide upon Request Table 6

4 Agricultural Employer Notifies Agricultural Workers of Restricted Entry Areas Table 7

5 Agricultural Workers Receive Restricted Entry Area Notifications from Agricultural Employer Table 7

6 Agricultural Employers Provide Establishment

- Specific Information to Handlers and Agricultural Workers Table 8

7 Agricultural Workers and Agricultural/Commercial Handlers Receive Establishment

- Specific Information from Agricultural Employer Table 8

8 Agricultural Employer Notification to Commercial Handler Employer of Restricted Entry

Interval Table 9

9 Commercial Handler Employer Notifies Handler Employee of Treated Area s under an REI

on Agricultural Establishment Table 9

10 Commercial Handler Receives Agricultural Establishment Restricted Entry Interval Information from Employer Table 9

11 Agricultural and Commercial Han dler Employers Inform Handlers a bout Application/Label

Information Table 9

12 Agricultural and Commercial Han dler Employers Inform Handlers a bout Safe Operation, Cleaning and Repair of Equipment Table 1 0

13 Handlers Receive Information About Safe Operation, Cleaning and Repair of Equipment from Agricultural and Commercial Handler Employers Table 1 0

14 Agricultural and Comme rcial Handler Employers Provide Information Required for Emergency Assistance to Medical Personnel Table 1 1

15 Agricultural Employers Provide Agricultural Worker Pesticide Safety Training Table 1 2

16 Agricultural Workers Attend and Acknowledge Pesticide Safety Training Provided by Agricultural Employers Table 1 2

17 Agricultural Employers Maintain Records of Agricultural Worker Pesticide Safety Training

and Provid e upon Request Table 1 2

18 Agricultural Employers Provide Handler Pesticide Safety Training Table 1 2

19 Agricultural Handler Employees Attend and Acknowledge Pesticide Safety Training Provided by Employers Table 1 2

20 Agricultural Employers Maintain Records of Handler Pesticide Safety Training and Provide upon Request Table 1 2

21 Commercial Handler Employers Provide Handler Pesticide Safety Training Table 1 2

22 Commercial Handler Employees Attend and Acknowledge Pesticide Safety Training Provided by Employers Table 1 2

23 Commercial Handler Employers Maintain Records of Handler Pesticide Safety Training Table 1 2

24 Agricultural and Commercial Handlers Receive Respirator Training and Fit Test, and

C omplete Medical Evaluation Table 1 3

25 Agricultural and Commercial Handler Employers Create and Maintain Medical Evaluation, Respirator Fit Testing, and Respirator Training Records Table 1 3

2 6 Agricultural and Commercial Handler Employers Notify Cleaners/Launderers of Personal Protective Equip ment of Potential Contamination, Adverse Effects, Cleaning Methods, and

Precautions Table 1 3

2 7 Agricultural and Commercial Employers Provide Training and Operating Instructions for Closed System Table 1 3

2 8 Agricultural and Commercial Handlers Receive Training and Operating Instructions for Closed System Table 1 3

29 REI

- Early Entry Exception: Agricultural Employers Provide Early Entry Notification and Information to Agricultural Workers Table 1 4

3 0 REI

- Early Entry Exception: Agricultural Workers R eceive Info Orally from Agricultural Employer Table 1 4*** EO 12866 Review Draft

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Page 48 of 48 6 (g). Reasons for Changes in Burden

The total estimated annual respondent burden for this revised rule replacement ICR is
10,448,160 hours. As a new, replacement ICR for this rulemaking

, much of the burden is attributed to program changes. R elative to the 1,827,493 total burden hours estimated for the existing WPS regulation in the ICR currently

- approved under OMB Control No. 2070

- 0148, this ICR reflects an

increase of 8,620,667 hours. The increase in burden reflects the many revised regulatory requirements

, a re

- estimation of the burden associated with existing requirements, as well as revised estimates of the number of respondents/responses based on newer information that is ava ilable to EPA. The regulatory changes include modifications to restrictions in field entry activities during restricted entry intervals; increased hazard communications; increased training (for both workers and handlers); increased posting of pesticide app lication information; provisions for information during emergency assistance; and recordkeeping for training, application

- specific information, and respirator requirements.

6(h). Burden Statement

The total annual respondent burden for providing the train ing and notifications associated with the Agricultural Worker Protection Standard Revisions is estimated to be 10, 448,160 hours. This total estimate includes the third party WPS training and notification requirements, e.g., provisions requiring employers t o: provide employees with pesticide

- specific treatment (application) information, en sure that employees receive basic pesticide safety training, provide emergency information on pesticide treatments, and notify employees when an exception/exemption to the WPS is being implemented, and provisions requiring handler notification to employers regarding pesticide treatments (applications), etc.

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

Part 9.

EPA has established a public docket for this ICR under Docket ID No. EPA

– HQ

– OPP

– 20 11

- 0184 , which is available for online viewing at www.regulations.gov , or in

- person viewing at the OPP

Docket in the EPA Docket Center (EPA/DC). The EPA/DC Public Reading Room is located in the WJC West Building, Room 3 334, 1301 Constitution Ave., NW , Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The

t elephone number for the EPA/DC Public Reading Room is (202) 566

- 1744. You may submit comments regarding the Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden, including the use of automated collection techniques.

Submit your comments, referencing Docket ID No. EPA

- HQ

- OPP

- 20 11

- 0184 and OMB Control

No. 2070

- 0190 , to (1) EPA online using www.regulations.gov (our preferred method), or by mail to: OPP Docket, Enviro nmental Protection Agency Docket Center (EPA/DC), Mail code: 28221T, 1200 Pennsylvania Ave., NW, Washington, DC 20460, and (2) OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW, Washington, DC 20503.