*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

RIN2070-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 Protection Standard Training, Notification and Recordkeeping (Final Rule)

OMB Control No.: 2070-0190; EPA ICR No.: 2491.02

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 covers 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-related 

information for workers who enter pesticide-treated areas after pesticide application to perform croprelated tasks, as well as for handlers who mix, load, and apply pesticides. Agricultural employers and 

commercial pesticide handling establishments (CPHEs) 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 as 

well as the addition of new requirements. The revised rule includes 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 while 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 includes 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 revised 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 occupationally 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 
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weight of evidence suggests that these paperwork activities, including 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 Handling 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 notifications 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 acute 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. Recordkeeping is designed to improve enforcement 

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 practices 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. The regulation 

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

personnel with basic information to take responsive measures as appropriate.

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 areas. 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 

training 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 Pesticide 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 
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Analysis1 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 the 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 agricultural 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 agrees 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 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 loaded 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 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 hire 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 have 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 ICR (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 Census2that enumerated, by NAICS 

code, 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 the 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 

greenhouses, that use pesticides and/or hire labor based on publicly available data from the 2012 

Census of Agriculture3 and the information from the special tabulation of data from the 2007 Census. 

Please see Appendix A of the Economic Analysis of the Agricultural 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.usda.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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array of crops and NAICS codes reflect only the primary source 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 elastomeric 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 revised 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 requirements 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 

properly. 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 fittesting for small entities in the final rule.

Commenters 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, develop 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 estimated 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 

recordkeeping 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 

adjusted 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 records, 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 

responsible 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 establishment to assist small businesses to account for differences in accounting and 

recordkeeping burden. EPA disagrees with this request. Ensuring that consistent records of pesticide 
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safety training for workers and handlers are maintained is an essential element 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 reduced 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, EPA 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 and 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 apart 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 presented. 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 enforcement 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 suggestions 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

Notifications 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.
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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 recordkeeping 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

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

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, along 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.
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(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 information 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 supplies 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 

location. 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 (§170.311(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 the 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 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 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, if any treating medical personnel, or any person acting 

under the direction of treating medical personnel, requests access to or a copy of any pesticide 

application 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 Restrictions (§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 regulation specifies the entry restrictions during an application (§170.405) and 

post-application (§170.407). Notifications of entry restrictions 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 have an REI 

greater than 48 hours. If the REI is equal to or less than 48 hours, notification may be given orally or by 
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posting of warning signs. For enclosed space production, 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 structure, 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 area or 

where there is maximum visibility.

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

application) 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.

The 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 Exchanges between Handlers Employers and/or Handlers

(§170.309(k), §170.313(h)-(j), and §170.503)

Agricultural employer informs CPHE employer of entry restrictions (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 agricultural 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 estimated 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 
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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 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 are 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)).

Handler employer informs handler of safe use information (§170.503)

Handler employers (both agricultural employers and 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 pesticide product that the handler has either read 

or 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 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, transferring or applying pesticides. 

Agricultural 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 this person(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 decontamination procedures for preventing exposures and removing pesticide 

residues.

(7). Information Required for Emergency Assistance (§170.309(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 their

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

provisions of pesticide information related to the circumstance of the exposure or injury.

The agricultural employer must provide to the treating medical personnel copies of the SDS(s), 

the pesticide product 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 

pesticide(s). §170.309(f)(2)

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

information relative to the handle under his employment. §170.313(k)(2))
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(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 

certified 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 the worker 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-thetrainer 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 pesticide 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 information. 

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 used, 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, establishmentspecific 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 trainer’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.
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(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 ensure 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 on the respirator specified 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 evaluation, 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 

equipment (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.

Closed 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 system 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 to 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 times 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 the location of the 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-related 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. Specific requirements are identified to fulfill the conditions of the major 

activity.
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(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 pesticide safety information on agricultural 

establishment. The employer would:

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

 Display safety information on the establishment 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 medical 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 (§170.311)

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 description 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 workers 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. 
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 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 is 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 acting 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 Restrictions (§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 signs, or both, as required by the regulation and label and in accordance with 

§170.409.

 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 signs 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, notification 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 structure, 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 area 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 agricultural establishment.

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

the following:

 the location and description of the entry-restricted area and treated area,

 the dates and times during which entry is restricted, and

 instructions not to enter the treated area or application exclusion zone until the 

REI has expired and signs removed.
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(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) Information Exchanges between Handler Employers 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 restricted-entry intervals as described 

in §170.405 and §170.407 that may apply based on the handler’s activity.

 The 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 the 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 agricultural 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, or if the start and end times are after the scheduled times (except 

changes to the end time of less than one hour). 
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(7) Safe Operation of Equipment and Repair (§170.309(i) and §170.313(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 employers, 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 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 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 decontamination procedures for 

preventing exposures and removing pesticide residues.

(8) Information Required for Emergency 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 resulted 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 handlers.

 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,
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 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, and

 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 evaluation and fit test to handlers; inform 

those who clean contaminated PPE; create 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 on the respirator specified on 

the label of the pesticide product that the handler will handle. The training 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 Program 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:

 the name or identification of the employee tested,

 type of fit test performed,

 specific make, model, style, and size of respirator tested;

 date of test, and

 the 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 
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clean personal protective equipment and to protect themselves when handling such 

equipment, and proper decontamination and personal hygiene practices.

Closed systems instructions and training (§170.607(d))

 Employers on 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) Exceptions/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:

 location of the early-entry area where work activities are to be performed,

 pesticide(s) applied,

 dates and times that the REI begins and ends,

 the exception to the regulation that allows the early entry,

 description of the tasks performed under the exception,

 whether contact with treated surfaces is permitted,

 amount of time the worker is allowed in the treated area,

 PPE required by the labeling for early entry, and

 location of the pesticide safety information and decontamination supplies.

 The employer must ensure that each early-entry worker has been informed in a manner 

the worker 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.
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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 Flexibility

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 offered 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 Schedule

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 provide information to or for a federal agency. This can include the resources to: review instructions; 

develop, acquire, install, and use technology and systems; search data sources; collect, 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 requirements; 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 nonetheless.

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. Tables 5-17 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 include 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 include 

activities such as becoming familiar with the regulations, conducting or receiving pesticide safety 

training, respirator fit testing and training for persons required to use respirators, preparing and posting 

pesticide safety and application information 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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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. That time estimate is then multiplied by the number 

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. Agricultural establishments include farms, nurseries, and 

greenhouse establishments. Farms that do not hire workers or handlers (sometimes called “family 

farms” in this ICR) are 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 calculated 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 detailed 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 the 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 rate 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 for 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 specific Standard Occupational Classification (SOC) and for certain categories, a 

North American Industry Classification System (NAICS) code as well. Specific details are provided in 
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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 loaded 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 loaded 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 associated with crop production such as hand weeding, 

thinning, and harvesting and have few associated equipment or other overhead costs.

Unloaded Wage Rate

Unloaded wage 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 agricultural 

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 USDA 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 

weighted in order 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 nonmonetary benefits paid to employees such as paid leave, insurance, and retirement contributions7

. 

According the Bureau of Labor Statistics, the average private-sector employee receives benefits that 

amount to 31.6% of the total remuneration with unloaded wages accounting for 68.4%.8 Loaded wage 

rates are calculated as the unloaded wage rate divided by 0.684. In 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 employment9, 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://usda.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 Compensation- 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 Demographic and Employment Profile of United States Farm Workers Research 

Report No. 9, March 2005. Available here: http://www.doleta.gov/agworker/report9/naws_rpt9.pdf
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Fully Loaded Wage Rate

The fully loaded wage rates for all sectors except workers are presented in Table 1. Fully loaded 

wage rates represent the total cost to employers of an employee 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, such as building/office space, 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 explained 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 Employerᵻ 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 

handlers, but how handles pesticides, and represent certified private applicators.

ᵻ Wage 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 agricultural 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 Agriculture10 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 with pesticides. According to the 2012 Census of Agriculture (NASS, 2014)

and shown in Table 2, there are over 2.1 million ranches, farms, nurseries, and greenhouses in the 

United States. Over 1.5 million grow crops, including nursery and greenhouse production. Almost one 

million of them reported using pesticides. Based on more refined data from the 2007 Census of 

Agriculture, EPA estimates that about 870,000 crop-producing establishments used pesticides in 2012 

and the Agency assumes this is representative of most years. 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 374,794 agricultural establishments that hire 

workers and/or handlers, of which 304,106 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
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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 

Handlersᵻ

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 312,568 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 use 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 cropproducing establishments that 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 largely exempt from WPS 

provisions. Some of these farms, however, are affected by certain PPE provisions.

Table 3 presents 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 cropproducing establishments. Not all employees, however, are workers engaged in hand labor activities or 

handlers 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 handlers, of whom 1,813,475 are employed on agricultural establishments 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 handlers 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 pesticides 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 

Handlersᵻ

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/farmlabor/background.aspx#Numbers
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For CPHEs, the Agency estimates that there are approximately 42,272 firms. EPA identified 

1,936 firms employing 14,320 handlers in NAICS 115112 (soil preparation, planting, and cultivating)

that engage in pest control services.

14 The remaining 40,336 CPHEs are estimated based on the 

number of commercial certified applicators. Based on state reports under 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 agricultural establishments and CPHEs 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) Rule familiarization

All existing agricultural establishment employers and commercial pesticide handling

establishment (CPHE) employers that apply pesticides (i.e., agricultural-use products covered by the 

WPS) must become familiar with the WPS requirements. 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, 42,272 CPHEs and 567,829 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 rates for each respondent, the time in hours each respondent will spend 

annually reading the regulations, the cost per response 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/
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(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 affects 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 establishments) and that it takes 2 minutes (0.033 hours) to post the 

display.

The 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

establishments 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 largesmall 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 medical 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 expected 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 posters 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 yields 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 0.033 2.51 10,035 503,481

Post 

Decontamination 

Display

Agricultural 

Employer

21,694 136,036 50.17 0.033 2.51 4,489 225,223

Add/Change

Contact 

Information

Agricultural 

Employer 

304,106 109,968 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.
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(3) Pesticide Application and Hazard Information (§170.313(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 end 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 application-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 information 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. 

 The same product may be used on multiple 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 information.

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 

establishment, their designated representative, and/or treating medical personnel while displayed and 

during the two years the records are kept.

EPA assumes that the majority of requests for information will come from current employees 

and that a request will 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 fairly 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 exchange 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, and 

the appropriate records and to send the records, either electronically or by mail, to the requester. Total 
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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 of 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 0.117 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 requestcurrent 

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 18,570,416 949,711 47,647,006

*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. Employers must either orally notify workers 

or post warning signs in accordance with §170.409. Employers must post warning signs for outdoor 

production applications with restricted entry intervals (REIs) greater than 48 hours. Workers must be 

notified of outdoor applications 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 notification is required if the pesticide 

product labeling has a statement requiring both the posting and oral notification. Posted notifications 

must be taken down after the end of the REI.

EPA estimates that there are 252,940 establishments that hire workers 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 pesticide applications per year. 

To estimate the number and mechanism by which workers are notified of REIs, the Agency divides

these establishments by type of production (outdoor vs indoor) and by economic size.

 Outdoor production. EPA estimates that there are 252,394 farms and nurseries 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 notifications, including 2 occasions 

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

establishments.
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 Indoor production, large. EPA estimates that there are 108 large greenhouses primarily 

engaged in ‘indoor’ production (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 greenhouses post signs for 16 applications and make 6 applications where 

they make oral notifications, including 2 occasions with double 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 nurseries 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 

pesticides, 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 farms 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).

 EPA 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).
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Page 28 of 48

Oral Notification. EPA assumes that in 10% of the applications requiring oral notification, the 

employer must make 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 establishment for the duration of a REI. 

 For farms and nurseries (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 second 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 notification 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 small 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 working 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 Agency 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 present 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 notifications to workers for large green houses + 2,891 employer oral notification to workers for 

small green houses). (Line 2 in Table 7) 

For agricultural 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 

$60,790,211. (Table 7)
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Table 7: Notification to Workers of Restricted Entry 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 3,889,997 50.17 0.05 2.51 194,500 9,758,057

Receive Oral 

Notification 

Agricultural 

Workers 

1,742,987 19,383,936 14.64 0.05 0.73 969,197 14,189,041

TOTALS 1,995,927 27,680,125 1,898,062 60,790,211

*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 information 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 will 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 estimates that the total average burden in terms of hours and costs for agricultural

employers is 45,744 hours and $1,113,570. (Table 8)

Table 8: Establishment-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) ($) (hours) ($)

InformProvide 

Establishment 

Specific 

Information

Agricultural

Establishmentᵻ

374,794 749,588 50.17 0.017 0.8362 12,493 626,780

Agricultural

Workers/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 1,113,570

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

ᵻ Assumes 2 early entry events per year per establishment.
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(6) Information Exchanges between Agricultural Employers, Commercial Pesticide 

Handling Establishment (CPHE) Employers, 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 the 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 Restrictions

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 the 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 apply 

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, the Agency 

estimates that there are 89,594 commercial applicators 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 

average) 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.)

The 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 results in a time-cost for 

the CPHE employer to provide information and the CPHE handlers to receive information. This timecost 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 employers providing and 14,320 handlers receiving the information. This information 

exchange will occur for 1,288,800 applications, assuming that each handler makes 90 applications per 

year (14,320 x 90 = 1,288,800). EPA assumes that it takes 3 minutes (0.05 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

The 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 – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 31 of 48

handlers, or other persons during or after 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 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 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))

From above, the Agency estimates that there are 42,272 commercial 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, or 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 (8,063,460x 1.7). EPA assumes it takes 6 minutes (0.10 hours) for CPHEs to notify 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 pesticide 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 and 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 results in a time-cost for the handler employer to provide information 

and the handler to receive information. 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 applications 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)

The total average burden in terms of hours and costs for respondents 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 2.509 403,173 20,227,189
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

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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 0.10 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. CPHE 

Handler 

Receives 

Label/Information 

from CPHE

CPHE 

Handlers

14,320 1,288,800 34.89 0.117 4.071 150,790 5,261,049

TOTALS 1,202,580 52,720,784 4,449,061 212,820,860

*Estimates may not add due to rounding. Respondents are counted only once.
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

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(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. 

Agricultural employers and CPHE employers can only 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 the person(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 decontamination procedures 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 

information 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. Instruction 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).

The total average burden in terms of hours and costs for agricultural employers to comply with 

this requirement is 42,218 hours and $1,640,330. (Table 10)

Table 10: 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 – Deliberative – Do Not Cite, Quote or Release During Review ***

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 as 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 in SENSORPesticides to the estimated number of incidents per year nationally, accounting for underreporting and 

the subset of states that participate in SENSOR-Pesticides. The 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 incidents 

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 Agency’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 associated with the WPS could 

be prevented by the changes to the WPS, implying 1,383 to 2,201 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 are 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 CPHEs. 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 – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 35 of 48

EPA assumes that each 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 11)

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 11: Information Required for Emergency Assistance

Activity15 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 4.18 192 9,641

CPHE 

Employer 

Provides 

Information

to Medical 

Personnel 

CPHE Employer 1936 14 48.98 0.083 4.08 1 57

TOTALS 306,042 2,320 193 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 12)

Agricultural Worker Pesticide Safety Training

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 exempted 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 assumed to take 5 minutes of an 

employer’s time per event. 
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 36 of 48

enforcement 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 there are 312,568 establishments that hire workers, i.e., those that 

engage in hand labor activities in the production of crops. Operations that primarily raise livestock 

(NAICS 112) 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 includes 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 estimates that there will be a total of 518,487 training sessions 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 employees, 

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 average 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 sessions held on 31,257 

establishments; and 76% of trainings will be conducted by certified applicators, accounting for 394,050 

training session held on 237,551 establishments. (Table 12, 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 training. Thus, the Agency estimates that 1,728,919 workers (1,910,055 

- 181,136) will be trained each year. (Table 12, line 4)

The training time requirement for worker training sessions is estimated to take 45 minutes (0.75 

hours) to cover the training content. 

Employers (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 establishment 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 Assistant 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 – Deliberative – Do Not Cite, Quote or Release During Review ***

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, including 

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 of workers (576,306) will request a copy, given that 

28% of workers report having multiple employers17. EPA assumes it takes about 2 minutes (0.033 

hours) per request for the employer to copy the training record. (Table 12, lines 5-7)

Agricultural Handler Pesticide Safety Training 

Handler pesticide safety trainings are the responsibility of the handler employer. Handlers are 

trained annually and the training time for agricultural establishment handler training is estimated to take 

60 minutes. 

EPA estimates that there are 221,187 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

sessions 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-small 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-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 18,819 training sessions 

for 30,966 establishments; 10% of trainings will be conducted by trainers who completed a Train-theTrainers 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 session for 168,102 

establishments. (Table 12, lines 8-10)

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

establishments 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 12 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 establishment, 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 trained handler (numbering 300,621), which is assumed to take 30 

seconds (0.0083 hours) per handler. (Table 12, line 13)

 

17 Ibid.

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

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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 employer to copy the training 

record. (Table 12, 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 there are 1,936 commercial establishments that hire 14,320 handlers (D&B, 

2014). EPA assumes that there will be an 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 sessions 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 handlers; 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 establishments; 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 session for 1,471 establishments. See 

lines 15-17. EPA assumes that none of the handlers are certified applicators, so all 14,320 handlers 

take the WPS safety training. (Table 12, 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 collect 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 seconds (0.0083 hours) per handler. (Table 12, line 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 turnover rate of handlers. EPA

assumes it takes about 2 minutes (0.033 hours) per request for the employer to copy the training 

record. (Table 12, 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 2,252,912 hours and $62,725,841. (Table 12)

 

19 Ibid.

20 Ibid.

Table 12: 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 – Deliberative – Do Not Cite, Quote or Release During Review ***

Page 39 of 48

Train Workers on 

Pesticide Safety

(Lines 1-3)

Trainers of 

Certified 

Applicators 

(14% of

trainings)

43,760 72,588 70.77 0.75 53.03 54,441 3,852,782

Trainers who 

completed a 

Train-the 

Trainer 

program (10% 

of trainings)

31,257 51,859 70.77 0.75 53.03 38,887 2,752,015

Certified 

Applicator of 

RUPs* (76% of 

trainings)

237,551 394,050 50.17 0.75 37.63 295,537 14,827,099

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 18,983,531

5. Record and 

maintain records 

of worker training

Agricultural 

establishment 

employers

312,568 518,863 50.17 0.12 5.85 60,490 3,034,791

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

312,568 576,306 50.17 0.033 1.66 19,018 954,138

8 – 10. Train 

handlers of 

agricultural 

establishments

Trainers of 

certified 

applicators(14

% of trainings)

18,819 18,819 70.77 1.00 70.77 18,819 1,331,821

Trainers who 

completed a 

Train-theTrainer 

program (10% 

of trainings)

13,442 13,442 70.77 1.00 70.77 13,442 951,312

Certified 

Applicator of 

RUPs* (76% of 

trainings)

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

Page 40 of 48

* assume certified applicator is the agricultural establishment employer

(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 these requirements is 210,833 hours and 

$8,645,639. (Table 13 A)

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

(Table 13 B). Lastly, for CPHEs, the 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 13 C)

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

and costs are described below:

Respirator Users: Medical Evaluation, Fit-Testing and Respirator Training (§170.507(b)(10))

Agricultural handlers that use products with labeling that requires a respirator must complete a 

medical evaluation, respirator fit test, and respirator training. Handler 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 6,147,424 2,252,912 62,725,841
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 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 offfarm testing center.

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

evaluation, fit test and training.

 EPA assumes that collecting and storing documentation takes the employer 4 minutes (0.07 

hours) per handler.

Agricultural Establishments. EPA assumes that 75% 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 vegetables (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 handlers. 

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. Establishments 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 farms (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 

nuts (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 respirator for pesticide 

products covered by the WPS resulting in 7,160 records. (Table 13 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 clothing 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 using 

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 13 A)

Closed Systems Instructions (§170.607(d))
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Agricultural establishment employers must create and make available at the mixing or loading 

site operating instructions for closed systems. The employer must ensure that any handler 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 1111), 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 agricultural 

establishments (annual revenue less than $100,000) would not typically own such a system. In total, 

therefore, EPA calculates there will be 36,496 establishments 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) 

producing 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 13 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 Agency 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.
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Table 13 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.
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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
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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 SelfEmployed 

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 

information regarding that entry, including the location of the early-entry area where work activities are 

to be performed, pesticide(s) applied, dates and times that the REI begins and ends, the exception to 

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

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

area, PPE required by the labeling for early entry, and the location of the pesticide safety information 

and decontamination supplies. The employer must ensure that each early-entry worker has been 

informed of the labeling requirements and statements related to human hazards, precautions, first aid, 

and user safety and instructed in prevention, recognition, and first aid treatment of heat-related illness. 

EPA assumes that there will be an event necessitating early entry associated with one out of 50 

pesticide applications. EPA further assumes that there are 20 pesticide applications per agricultural 

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 entry events per year, on average. EPA assumes that it takes the agricultural 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.
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EPA assumes that 50% of workers on an establishment will be involved in early 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 14)

Table 14: 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 10,118 507,600

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 1.46 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 provides the respondents’ 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 sections, the Agency 

calculated the total burden and costs (Table 15). Because 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 15: Total Estimated Burden Hours And Costs

Hours Costs

Respondents 10,448,160 $424,166,295

Agency n/a n/a
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

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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 Areas 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 Handler Employers Inform Handlers about Application/Label 

Information

Table 9

12 Agricultural and Commercial Handler Employers Inform Handlers about Safe Operation, 

Cleaning and Repair of Equipment

Table 10

13 Handlers Receive Information About Safe Operation, Cleaning and Repair of Equipment

from Agricultural and Commercial Handler Employers

Table 10

14 Agricultural and Commercial Handler Employers Provide Information Required for 

Emergency Assistance to Medical Personnel

Table 11

15 Agricultural Employers Provide Agricultural Worker Pesticide Safety Training Table 12

16 Agricultural Workers Attend and Acknowledge Pesticide Safety Training Provided by 

Agricultural Employers

Table 12

17 Agricultural Employers Maintain Records of Agricultural Worker Pesticide Safety Training

and Provide upon Request

Table 12

18 Agricultural Employers Provide Handler Pesticide Safety Training Table 12

19 Agricultural Handler Employees Attend and Acknowledge Pesticide Safety Training 

Provided by Employers

Table 12

20 Agricultural Employers Maintain Records of Handler Pesticide Safety Training and Provide 

upon Request

Table 12

21 Commercial Handler Employers Provide Handler Pesticide Safety Training Table 12

22 Commercial Handler Employees Attend and Acknowledge Pesticide Safety Training 

Provided by Employers

Table 12

23 Commercial Handler Employers Maintain Records of Handler Pesticide Safety Training Table 12

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

Complete Medical Evaluation

Table 13

25 Agricultural and Commercial Handler Employers Create and Maintain Medical Evaluation, 

Respirator Fit Testing, and Respirator Training Records

Table 13

26 Agricultural and Commercial Handler Employers Notify Cleaners/Launderers of Personal 

Protective Equipment of Potential Contamination, Adverse Effects, Cleaning Methods, and 

Precautions

Table 13

27 Agricultural and Commercial Employers Provide Training and Operating Instructions for 

Closed System

Table 13

28 Agricultural and Commercial Handlers Receive Training and Operating Instructions for 

Closed System

Table 13

29 REI - Early Entry Exception: Agricultural Employers Provide Early Entry Notification and 

Information to Agricultural Workers

Table 14

30 REI - Early Entry Exception: Agricultural Workers Receive Info Orally from Agricultural 

Employer

Table 14
*** EO 12866 Review Draft – Deliberative – Do Not Cite, Quote or Release During Review ***

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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. Relative 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 available 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 application 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 training 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 to: provide employees with pesticide-specific treatment (application) information, ensure 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 persons 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 number. 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–2011-

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 3334, 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 

telephone 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-2011-0184 and OMB Control 

No. 2070-0190, to (1) EPA online using www.regulations.gov (our preferred method), or by mail to: 

OPP Docket, Environmental 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.