How to Comply With the 2015 Revised 

Worker Protection Standard 

For Agricultural Pesticides 

What Owners and Employers Need To Know 

WPS — How to Comply Manual

How to Comply with the 2015 Revised Worker Protection Standard for 

Agricultural Pesticides: What Owners and Employers Need to Know
 

CONTRIBUTORS 

Pesticide Educational Resources Collaborative (PERC) 

Director - Suzanne Forsyth, University of California Davis Extension
 

Deputy Director – Kaci Buhl, Oregon State University
 

Project Officer – Jeanne Kasai, U.S. EPA, Office of Pesticide Programs 

Primary Author 

Janet Fults 

PERC Advisory Board Content Reviewers 

Amy Bamber, Association of American Pesticide Control Officials
	

Candace Bartholomew, University of Connecticut
	

Betsy Buffington, Iowa State University
	

Irene Calderon-King, New Mexico Department of Agriculture
	

Perry Cervantes, Texas Department of Agriculture
	

Juan Concha, The Farmworker Association of Florida
	

Garnet Cooke, Oregon Occupational Health and Safety Administration
	

Linda Johns, Montana Department of Agriculture
	

Tony McCandless, Gila River Indian Community
	

Derrick Terada, U.S. EPA Region 10
	

Thia Walker, Colorado State University
	

U.S. EPA Content Reviewers 

Nancy Fitz, U.S. EPA, Office of Pesticide Programs
	

Richard Pont, U.S. EPA, Office of Pesticide Programs
	

Carol Galloway, U.S. EPA, Office of Enforcement and Compliance Assurance
	

Manual Production/Layout Team 

Cameron Hughes, Oregon State University
	

Sean Ross, Oregon State University
	

This manual was developed through a cooperative agreement between the

U.S. EPA, Office of Pesticide Programs and the University of California Davis 

Extension, in cooperation with Oregon State University (#X8-83616301). 

WPS — How to Comply Manual

HOW TO COMPLY WITH THE 2015 REVISED 

WORKER PROTECTION STANDARD FOR 

AGRICULTURAL PESTICIDES 

What Owners and Employers Need To Know 

WPS — How to Comply Manual

TABLE OF CONTENTS 

QUICK REFERENCE GUIDE .......................... I

PREAMBLE ...................................... III
 Why is the Information in This Manual Important? ................... iii
 

Do You Need to Read This Manual? .............................. iii
 

This WPS “How to Comply” Manual Will: .......................... iv
 

Organization of the “How to Comply” Manual ....................... iv
 

Additional Worker Protection Requirements .........................v
 

Reproduction of the Manual .....................................v
 

Material Appended to the Manual .................................v
 

INTRODUCTION TO THE WORKER PROTECTION 

STANDARD........................................1
 What is the Worker Protection Standard? .......................... 1
	

Why Did the WPS Regulation Change in 2015? ..................... 1
	

What Changed in the WPS? .................................... 2
	

Implementation Dates of the New WPS Requirements................ 3
	

Who Does the WPS Protect? ................................... 4
 

What are the Basic Principles of the WPS? ........................ 6
	

CHAPTER 1: DETERMINING YOUR WPS 

RESPONSIBILITIES.................................9
 Does the WPS Apply to You? .................................. 10
	

Who has WPS Responsibilities? ................................ 12
	

Are You a “Worker” Employer, a “Handler” Employer or Both? ......... 13
	

Which Establishments are Covered by the WPS? .................. 14
	

Which Pesticide Uses are Covered by the WPS? ................... 15
	

Which Pesticide Uses are NOT Covered by the WPS?. . . . . . . . . . . . . . . 16

What If the Labeling Conflicts with the WPS? ...................... 17
	

CHAPTER 2: REQUIREMENTS FOR AGRICULTURAL

EMPLOYERS .....................................19
 General Responsibilities of Agricultural Employers .................. 20
	

Responsibilities of Agricultural Employers to Provide Instructions to 

Supervisors ................................................ 20
	

Information Displayed at a Central Location (Central Posting) ......... 21
	

Recordkeeping: Pesticide Application and Hazard Information......... 24
	

Requests for Records of Pesticide Application and Hazard Information . . 25
	

Emergency Assistance ....................................... 26
	

Decontamination Supplies for Workers & Handlers . . . . . . . . . . . . . . . . . 26
	

Pesticide Safety Training ...................................... 27
	

Establishment-specific Information .............................. 30
	

Employer Information Exchange ................................ 31
	

Retaliation Against Employees is Prohibited ...................... 33
	

Employer Responsibilities for WPS Violations. . . . . . . . . . . . . . . . . . . . . . 33
	
CHAPTER 3: ADDITIONAL WORKER EMPLOYER 

REQUIREMENTS ..................................35

Training Agricultural Workers................................... 36
	

Agricultural Employer Requirements During Pesticide Applications ..... 37
	

Agricultural Employer Requirements After Pesticide Applications....... 41
	

Notification of Entry Restrictions ................................ 42
	

Decontamination Supplies for Workers ........................... 48
	

Early-entry Workers.......................................... 49
 

Exceptions for Early Entry .................................... 49
 

PPE for Early-entry Workers ................................... 53
	

Decontamination Supplies for Early-entry Workers.................. 54
	

Summary of Early-entry Requirements ........................... 55
	

CHAPTER 4: ADDITIONAL HANDLER EMPLOYER 

REQUIREMENTS ..................................57

Training Pesticide Handlers.................................... 58
	

Information that must be Provided to Handlers ..................... 59
	

Requirements for Handlers and Handler Employers During Pesticide

Applications ................................................ 60
	

Personal Protective Equipment (PPE) for Handlers ................. 62
	

Decontamination Supplies for Handlers .......................... 74
	

CHAPTER 5: REQUIREMENTS FOR COMMERCIAL

PESTICIDE HANDLER EMPLOYERS ..................77
 General Responsibilities for Commercial Pesticide Handler Employers . . 78
	

Responsibilities of Employers to Instruct Supervisors of Handlers ...... 80
	

Emergency Assistance ....................................... 80
	

Training Pesticide Handlers ................................... 81
	

Employer Information Exchange ............................... 83
	

Decontamination Supplies for Handlers ......................... 84
	

Retaliation Against Employees is Prohibited ...................... 85
	

Employer Responsibilities for WPS Violations. . . . . . . . . . . . . . . . . . . . . . 85
	

CHAPTER 6: EXEMPTIONS AND EXCEPTIONS .........87
 WPS Exemptions for Owners of Agricultural Establishments .......... 88
	

WPS Exemptions and Exceptions for Crop Advisors ................ 92
	

CHAPTER 7: COMPLIANCE WITH THE WORKER 

PROTECTION STANDARD ..........................97
 Employer Responsibilities for WPS Compliance .................... 98
	

Avoiding Discrimination in Hiring ............................... 101
	

WPS Penalties and Fines .................................... 101
	

EPA’S Compliance Assurance Process .......................... 102
	
WPS — How to Comply Manual

APPENDIX A: WORKER PROTECTION STANDARD 

DEFINITIONS ....................................103
 

APPENDIX B: WORKER PROTECTION STANDARD 

CRITERIA .......................................107
 Criteria for Pesticide Safety Information Display ................... 108
	

Criteria to Qualify as a WPS Trainer ............................ 109
	

Criteria for Worker Training ................................... 109
	

Criteria for Handler Training ...................................112
	

Criteria for WPS Train-the-Trainer Programs ......................115
	

Medical Recommendation and Recordkeeping for Respirators ........116
	

OSHA-Accepted Respirator Fit Testing Procedures .................116

Respirator Training Criteria Required by WPS .....................116
	

APPENDIX C: WORKER PROTECTION STANDARD 

CHECKLISTS ....................................117
 WPS Requirements for Agricultural Employers of Workers............118

WPS Requirements for Agricultural Employers of Handlers ...........119

WPS Requirements for the Use of Respirators .................... 120
	

WPS Requirements for Commercial Pesticide Handler Employers .... 121
	

WPS Requirements for Agricultural Establishment Owners and Immediate 

Family Members ........................................... 122
	

WPS Exemptions for Agricultural Establishment Owners and Immediate 

Family Members ........................................... 123
	

APPENDIX D: ADDITIONAL RESOURCES.............125
 Contacts ................................................. 127
	

Additional Resources........................................ 129
	

WPS — How to Comply Manual

QUICK REFERENCE 

GUIDE TO 

THE WORKER 

PROTECTION 

STANDARD (WPS) AS 

REVISED IN 2015 

The WPS is a federal regulation 

designed to protect agrirultural workers 

(people employed in the production 

of agricultural plants) and pesticide 

handlers (people mixing, loading, or 

applying pesticides or doing certain 

tasks involving direct contact with 

pesticides). Each section links to the 

Code of Federal Regulations (.4Il...QEEL 

.Efilt.11.Q) for more information on the 

revised WPS. (www ecfr gov) 

The guide summarizes the maximum 

requirements under the revised WPS. 

It does not indude exemptions and 

exceptions that may allow you to do 

less. See the referenced sections below. 

Exemptions (general) 170 303 (b) and 

11.MQ1 

Exceptions for workers 170 401 (b) and 

170 409 (a )(2) 

Exceptions for early-entry workers 

during a restricted-entry interval 

11.0..filla 

Exceptions for handlers 170 501 (b) 

Exceptions to PPE required on pesticide 

labels .1lll.fillI 

Employer Responsibilities 

for Supervisors and Labor 

Contractors 

Employers must provide sufficient 

information to supervisors and/or labor 

contractors to ensure compliance with 

the revised WPS. Specify: 

o The tasks supervisors/labor 

contractors must do, and 

o The information they must provide 

to workers/handlers. 

Employers are liable for a penalty under 

FIFRA if a supervisor or labor contractor 

acting for them fails to comply with the 

revised WPS requirements. 170.309 (dl, 

170313 (d), 170317 (C) 

These requirements apply to agricultural employers and commercial pesticide handler employers except the pesticide safety, application and hazard i

employers. 

Anti-Retaliation 

Employers must not retaliate against a worker or handler who attempts to comply with the WPS, 

files a complaint, or provides information in an investigation of alleged WPS noncompliance. 

.1.N..3.li 

Minimum Age Requirements 

1. Ensure that early-entry workers and all handlers are at least 18 years old. 170.309 (ci and 

170 313 (c) 

Pesticide Safety, Application and Hazard Information 

An agricultural employer must display or make certain information available on the establishment. 

Commercial pesticide handler employers do not have to comply with information display 

requirements. 

1. Display or make available all of the information listed in #2 together in an easily accessible 

("central") location on the agrirultural establishment. 170.311 (a)(5) and 170.311 (b)(2) 

2. The information includes: 

• EPA WPS safety poster or equivalent information, which must include so

me additional 

information by January 2, 2018, and must be kept current. 170 311 (a) 

• Application information that includes: 

o Product name, EPA registration number, and active ingredient 

o Crop or site treated, location and description of the treated area 

o Date, start and end times of the application, and duration of restricted-entry 

interval (REI). 170 311 (b)(1) 

• A copy of the safety data sheet (SDS) for the formulated product for each WPS-labeled 

pesticide applied. 1BLll.llil. and .11llil..11 

3. In addition, display the EPA WPS safety poster (or equivalent) where decontamination 

supplies are located at permanent sites and where decontamination supplies are provided for 

11 or more workers. 170.311 (a)(5) 

4. Allow workers and handlers unrestricted access to all of the information and keep all of the 

displayed information current and legible. 170.311 (a)(6)-(7) and 170.311 (b)(3)-(4) 

5. Display the EPA WPS safety poster or equivalent information before an application takes 

place and for 30 days after the REI expires. 170.309 (h) 

6. Display the SDS and application information within 24 hours of the application and before 

workers enter treated areas. This information must be displayed for 30 days after the REI 

expires and kept in records on the agricultural establishment until 2 years after the REI 

expires. 170 309 (h)&(I) and 170 311 (b)(5)-(6) 

7. Provide the SDS and application information upon request of a worker, handler, designated 

representative or medical personnel, within 15 days. 170.311 (b)(7)-(9) 

Pesticide Safety Training 

Ensure that workers are trained before performing tasks in a pesticide treated area (REI in effect 

within the last 30 days). 170.401 (a) Ensure that handlers are trained betore performing any 

handler activity. 170 501 (a) There is no grace period for worker or handler training. 

1. Train workers and handlers annually. 170.401 (a) and 170.501 (a) 

2. Present training using EPA-approved materials either orally from written materials or 

audio-visually. After January 2, 2018, the training must cover additional topics. 170. 401 (cl 

and 170 501 (c) 

3. Trainers must be certified applicators or have completed an EPA-approved train-the-trainer 

program or be designated by the State or Tribal pesticide enforcement agency. 170 401 (C)(4) 

and 170 501 (cH4) 

4. Training must be delivered in a manner the employees can understand, and the trainer must 

be present and respond to questions. 170 401 (c)(1) and 170 501 (c)(l) 

5. Maintain training records on the establishment for two years from the training date for each 

worker and handler required to be trained on the agrirultural establishment. 170 401 (cl) and 

170 501 (d) 

Continued on next column 

Separate from the pesticide safety training, em

the following on the worksite: EPA WPS safety 

and decontamination supplies . .11Jl..4Q3. and 17

Decontamination Supplies 

1. Establish accessible decontamination su

(when required 170.411 (C)) and handle

1 gallon of water per worker and 3 

work period for routine and emerge

Plenty of soap and single-use towe

insufficient. 170.411 (bl(2) and 170

A clean coverall (or other clean cha

2. Provide water that is safe and cool enou

use water that is also used for mixing pe

170 411 (b)(1) 

3. Provide handlers with decontamination 

is removed at the end of a task. 170.509 

4. Provide handlers with decontamination 

170 509 (C)(1) 

5. When a product requires protective eyew

under pressure, provide the following in 

gently running water at 0.4 gallons per m

containers suitable for providing a gentle 

6. When applying a product that requires p

in portable containers that are immediate

7. Do not put worker decontamination sup

170 411 (d) 

8. For handlers, decontamination supplies 

under an REI, unless they are protected 

170.509 (C)(1 )&(3) 

Employer Information Exchan

1. Before any application, commercial pest

operator of an agricultural establishment 

Location and description of area to 

Date of application, estimated start 

Product name, EPA registration nu

Whether the product label requires 

All other safety require

ments on la

2. Owners/operators of agricultural establis

handler employer they hire is aware of: 

Specific location and description of 

commercial handler may be in or w

Restrictions on entering those area

The commercial pesticide employer must pass 

170.313 (h) 

Emergency Assistance 

If there is reason to believe a worker or handle

hours of employment, and needs emergency m

1. Promptly make transportation available t

2. Promptly provide to the treating medical 

product to which the person 

may have b

Safety Data Sheet 

Product name, EPA registration nu

Description of how the pesticide wa

Circumstances that could have res

i 

This is a summary of the requirements. It does not contain all the information to comply with the revised WPS. Refer to the regulations where indic
Additional Duties for 

Worker Employers 

These requirements apply to agricultural employers who employ workers. 

Restrictions During Applications 110.405 ral-<bl 

During pesticide applications. keep workers and everyone other than appropriately 

trained and equipped handlers out of the treated area (for all types of applications) 

and out of: 

The application exclusion zone (AEZ) for outdoor production, or 

A specified area that varies by the type of application until the ventilation 

criteria are met for enclosed space production. 

Restricted-Entry Intervals (REls) 110 309 Ol and 1lQAQl 

Do not direct or allow any worker to enter or remain in the treated area until the 

REI has expired and all posted warning signs are removed or covered. Read the 

exceptions in 170.603. 

Notice About Applications 110 409 (a) 

1. Orally warn workers and post treated areas if required by the pesticide 

labeling. 

2. If not, post warning signs if the REI is greater than: 

48 hours for outdoor production or 4 hours for enclosed space production. 

3. For all other applications, either orally warn workers or post warning signs. 

Posted Warning Signs 110.409 <bl 

1. Post legible 14" x 16" WPS-design warning signs no more than 24 hours prior 

to an application; keep posted during REI; remove or cover before workers 

enter and within 3 days after the end of the REI. 170.409 !bH1 l-!3l 

2. Post signs so they can be seen at all reasonably expected entrances to 

treated areas. 170 409 (b)(3)(ii) 

3. Warning signs can be smaller than 14" x 16" under certain conditions. All 

warning signs must meet specific requirements. 170.409 !bl 

Oral Warnings 110.409 <cl 

1. Before each application, tell workers who are on the establishment (in a 

manner they can understand): 

Location and description of treated area, 

Date and times entry is restricted 

AEZ, REI, and not to enter during REI. 

2. Workers who enter the establishment after application starts must receive the 

same warning at the start of their work period. 

Additional Agricultural 

Employer Duties 

Before allowing persons not directly employed by the establishment to clean, repair, 

or adjust pesticide application equipment, provide the following information: 

The equipment may be contaminated with pesticides. 

The potentially harmful effects of pesticide exposure. 

How to handle equipment to limit exposure to pesticides. 

How to wash themselves and/or their clothes to remove and prevent exposure 

to pesticide residues. 170.309 !gl and 170.313 !ll 

These requirements apply to commercial pesticide handler employers and agricultura

Application Restrictions and Monitoring 110.505 Care of PPE 

1. Do not allow handlers to apply a pesticide so that it contacts, 

directly or through drift, anyone other than appropriately trained and equipped handlers. 

2. Handlers must suspend applications when anyone other than 

appropriately trained and equipped handlers enter the application 

exclusion zone (AEZ). This goes into effect on January 2, 2018. 

170.505 (bl 

3. When anyone is handling a highly toxic pesticide with a skull and 

crossbones, maintain sight or voice contact every two hours. 

4. Make sure a trained handler equipped with labeling-specific PPE 

maintains constant voice or visual contact with any handler in an 

enclosed-space production site (e.g., greenhouses, high tunnels, 

indoor grow houses) while applying a fumigant. 

Specific Instructions for Handlers 

1. Before handlers do any handling task, inform them, in a manner they 

can understand, of all pesticide labeling instructions for safe use. 

170.503 !al(1 l 

2. Ensure that the handler has access to product labeling during the 

entire handling task. 170.503 !aH2l 

Equipment Safety 

1. Inspect pesticide handling equipment before each day of use, and 

repair or replace as needed. 170.309 rn and 170.313 !gl 

2. Allow only appropriately trained and equipped handlers to repair, 

clean, or adjust pesticide equipment that contains pesticides or 

residues, unless they are not employed on the establishment. 

170.309 !gl and 170.507 !al See Additional Agricultural Employer 

Duties for information regarding non-employed persons. 

Personal Protective Equipment (PPE) Handlers 

Must Use 

1. Provide handlers with the PPE required by the pesticide labeling, 

and be sure it is: 170.507 !bl 

Clean and in operating condition, 170.507 !bl 

Worn and used according to the manufacturer's instructions, 

170 507 (c) 

Inspected before each day of use, 170.507 (c)!2) 

Repaired or replaced as needed. 170.507 !cH2l 

2. When a respirator is required by product labeling, provide handlers 

with: 

A medical evaluation to ensure the handler is physically able to 

safely wear the respirator, 

Training in respirator use, and 

A fit test to ensure the respirator fits correctly. 

Keep records on the establishment of these items for two 

years. 170.507 !bl!1 Ol 

3. Take steps to avoid heat-related illness when labeling requires the 

use of PPE for a handler activity. 170.507 !el 

4. Provide handlers a pesticide-free area for: 

Storing personal clothing not in use, 

Putting on PPE at start of task, 

Taking off PPE at end of task. 170.507 !dH9l 

5. Do not allow used PPE to be taken home. 170 507 (d)(1 O) 

1. Store and wash 

laundry. 170 507 

2. If PPE will be re

to the instruction

labeling specifie

instructions, was

3. Dry the clean PP

4. Store clean PPE 

pesticide-contam

Replacing Res

1. Replace particul

following conditio

• When brea• When the 

• When the 

• After 8 tota

instruction

2. Replace vapor-r

condition is met: 

• When odo

• When the 

(whicheve

• When brea• After 8 tota

instruction

Disposal of PP

1. Discard, do not c

that are heavily 

"DANGER" or "W

unusable as app

2. Follow federal, s

cannot be cleane

Instructions fo

170 507 (d)(8) 

The handler employer 

• That PPE 

• Of the pote

• How to pro

• How to cle• Decontam

contamina

3EP

United SEnvironm

Agency 

epa.

This was develop

ii 
WPS — How to Comply Manual iii 

PREAMBLE

PREAMBLE 

WHY IS THE INFORMATION IN THIS MANUAL IMPORTANT? 

It is a violation of federal law to use a pesticide product in a manner inconsistent

with its labeling. When you use a pesticide product with labeling that refers to the

Worker Protection Standard (WPS), you must comply with the requirements of 

the federal WPS (Code of Federal Regulations (CFR), Title 40, Part 170). If you 

do not comply with the WPS requirements, you will be using a pesticide product

in a manner inconsistent with its labeling and will be in violation of federal law. 

This manual provides information to help you comply with the requirements of the

federal WPS for agricultural pesticides as originally published in 1992, amended

in 1995, 1996 and 2004, and revised in 2015. The U.S. Environmental Protection 

Agency (EPA) may issue additional guidance about the WPS and may amend 

the WPS in the future. Check with your state or tribal agency responsible for

pesticide enforcement for further information and current amendments. 

This updated manual, “How to Comply With the 2015 Revised Worker Protection 

Standard for Agricultural Pesticides,” EPA 735-B-16-001 supersedes the 

EPA 735-B-05-002 manual and all previous versions. Changes to the Worker 

Protection Standard have made the 2005 version obsolete. Any continued use 

of outdated manuals may lead an employer to be out of compliance with this

regulation. 

DO YOU NEED TO READ THIS MANUAL? 

The WPS may apply to you if you use a WPS-labeled pesticide product on an

agricultural establishment in the production of agricultural plants and you are any

one of the following: 

●		 The owner or a person responsible for the management of an agricultural

establishment that employs workers or handlers.

●		 The owner of a family-owned agricultural establishment where you and/

or your immediate family members are the only people who work on the

establishment. 

●		 The owner or a person responsible for the management of a commercial

(for-hire) pesticide handling establishment.

●		 A pesticide handler. 

●		 A crop advisor. 
THIS WPS “HOW TO COMPLY” MANUAL WILL:
 

●		 Help you determine whether you need to comply with the WPS.

●		 Give you detailed information on how to comply with the WPS requirements,

including exemptions, exceptions, restrictions, options and examples.

●		 Provide you with a “Quick Reference Guide” — a simplified route to

compliance that focuses on the basic WPS requirements (excluding

exemptions, exceptions, etc.).

●		 Explain how important definitions affect your WPS responsibilities. 

●		 Provide other special notes to help you better understand the WPS

requirements and how they apply to you. 

ORGANIZATION OF THE “HOW TO COMPLY” MANUAL 

This WPS How to Comply Manual is organized based upon the WPS

responsibilities for each type of employer. There are three primary types of 

employers that are responsible for WPS compliance; agricultural employer

of workers, agricultural employer of pesticide handlers, and the commercial

pesticide handler employer (employers of for-hire pesticide handlers or crop

advisors). Most likely, users of this manual will not need to read all of the 

chapters as it would be unlikely for a person to meet all three categories of a

WPS employer. 

Each section contains a reference to the Code of Federal Regulations (40 CFR 

Part 170) for more information on the revised WPS. (www.ecfr.gov) 

Read Chapter 1 to help you determine which type of employer you are and what

pesticide uses are covered by the WPS and which ones are not. 

The following chart identifies the chapters in this manual that include relevant

information for each type of WPS employer: 

WPS Employer Type Most Relevant Chapters 

Agricultural Employer of Workers Chapters 2 & 3 

Agricultural Employer of Handlers Chapters 2 & 4 

Commercial Pesticide Handler 

Employer Chapters 4 & 5 

Crop Advisors Chapter 6 

Owner of an Agricultural Establishment 

and Immediate Family Chapter 6 

Chapter 7 applies to everyone subject to this federal regulation and provides

information on WPS compliance. 

The appendices provide a wide range of definitions, checklists, procedures and

resources to provide assistance with WPS compliance. 

iv 
WPS — How to Comply Manual v 

PREAMBLE

ADDITIONAL WORKER PROTECTION REQUIREMENTS 

Some states, tribes, or local governments with jurisdiction over pesticide

enforcement may have additional worker protection requirements beyond the

requirements described in this federal manual. Check with these agencies to

obtain the information you need to comply with all applicable state, tribal, or local

requirements. 

REPRODUCTION OF THE MANUAL 

This manual may be reproduced, but if this manual is altered it may no longer

provide the information employers need to comply with the requirements of the

federal Worker Protection Standard. 

MATERIAL APPENDED TO THE MANUAL 

States, tribes, or local governments with jurisdiction over pesticide enforcement

may elect to append additional worker protection requirements to this federal

manual. These additions may only be appended at the end of this federal 

manual. Any additional material should be clearly identified as state, tribal, or 

local requirements. 
vi
 
WPS — How to Comply Manual 1 

INTRO

INTRODUCTION

INTRODUCTION TO THE WORKER 

PROTECTION STANDARD 

WHAT IS THE WORKER PROTECTION STANDARD? 

The Worker Protection Standard (WPS) is a regulation originally issued by the 

U.S. Environmental Protection Agency (EPA) in 1992 and most recently revised 

in 2015. This regulation is primarily intended to reduce the risks of illness or injury 

to workers and handlers resulting from occupational exposures to pesticides

used in the production of agricultural plants on agricultural establishments (i.e.,

farms, forests, nurseries and enclosed space production facilities, such as

greenhouses). Workers are generally those who perform hand-labor tasks in 

pesticide-treated crops, such as harvesting, thinning, and pruning. Handlers are

usually those that are in direct contact with pesticides such as mixing, loading or

applying pesticides. 

The WPS requires agricultural employers and commercial pesticide handler

employers to provide specific information and protections to workers, handlers

and other persons when WPS-labeled pesticide products are used on agricultural

establishments in the production of agricultural plants. It also requires owners of

agricultural establishments to provide certain protections for themselves and their

immediate family, requires handlers to wear the labeling-specified clothing and 

personal protective equipment when performing handler activities, and to take

measures to protect workers and other persons during pesticide applications. 

WHY DID THE WPS REGULATION CHANGE IN 2015? 

The 2015 revisions to the WPS regulation strengthened elements of the existing

rule to better protect workers and handlers from occupational exposure to

pesticides and reduce the numbers of potentially preventable pesticide incidents

and illnesses. The 2015 revisions also ensure workers and handlers receive 

workplace protections comparable to those that are already provided to workers

in other industries, while still considering the unique needs of agricultural

operations. 

Fewer pesticide exposure incidents are the anticipated result of having stronger

protections for the nation’s 2 million agricultural workers and their families. This 

results in a healthier and more productive workforce. For employees, this means

fewer pesticide exposures, and fewer lost wages, medical bills, and absences

from work and school. 
2 

INTRO

WHAT CHANGED IN THE WPS? 

The 2015 revisions to the Worker Protection Standard cover many different topic 

areas. The major revisions include: 

●		 Annual mandatory training to inform workers and handlers about the required

protections afforded to them. 

●		 Expanded training that includes instructions to reduce take-home exposure

from pesticides on work clothing and other safety topics.

●		 Anyone under 18 years old are prohibited from being a pesticide handler or

doing early-entry work during a restricted-entry interval (REI).

●		 Expanded mandatory posting of no-entry signs for outdoor production (e.g.,

farms, forests and nurseries) if the REI is greater than 48 hours.

●		 New application exclusion zones (AEZ) up to 100 feet surrounding pesticide

application equipment intended to protect workers and others from pesticide

exposure during pesticide applications.

●		 Providing more than one way for workers and handlers to gain access to

pesticide application information and safety data sheets – centrally-posted or

by requesting records themselves, through medical personnel or through a

designated representative.

●		 If a respirator is required by the labeling, the employer must provide the

handler with a medical evaluation, fit testing, and respirator training in

compliance with the Occupational Safety and Health Administration’s 

(OSHA’s) Respiratory Protection Standard. 

●		 Mandatory record-keeping to improve states’ ability to follow up on pesticide 

violations and enforce compliance. Records of application-specific pesticide

information, safety data sheets (SDS), worker/handler pesticide safety

training and respirator medical evaluations, fit testing and respirator training

must be kept for 2 years.

●		 Anti-retaliation provisions that are comparable to the U.S. Department of

Labor. 

●		 If protective eyewear is required by the labeling, the employer must provide

water for emergency eye flushing for handlers at pesticide mixing/loading

sites. 

●		 Expanded definition of immediate family and criteria for agricultural

establishments that are eligible for the exemption for owners and their

immediate families. 

●		 Replaced the term “greenhouse” with “enclosed space production”, which

includes greenhouses, mushroom houses, hoop houses, high tunnels, and

grow houses. 
WPS — How to Comply Manual 3 

INTRO

INTRODUCTION

IMPLEMENTATION DATES OF THE NEW WPS 

REQUIREMENTS 

Effective January 2, 2017: 

❖	 Annual mandatory training for workers and handlers. 

❖	 No grace period to train workers (there has never been a grace period to

train handlers).
	

❖ Recordkeeping of handler and worker training.
	

❖ Minimum age requirement of 18 years old for pesticide handlers or earlyentry workers entering into a treated site before the REI has expired. 

❖ Expanded mandatory posting of no-entry signs for outdoor production (e.g.,

farms, forests and nurseries) if the REI is greater than 48 hours. 

❖ Recordkeeping and posting of pesticide application information and hazard

information (i.e., SDS). 

❖ Anti-retaliation protections strengthened. 

❖ Requirements for medical evaluation, fit testing and specific training for use

of respirators and the associated recordkeeping. 

❖ Provide specific amounts of water to be used for routine decontamination. 

❖ Provide water for emergency eye flushing for handlers at mixing/loading

sites if protective eyewear is required by the pesticide product labeling.
	

❖ Continued exemption for owners and their immediate family with an

expanded definition of immediate family.
	

❖	 During pesticide applications, agricultural employers must keep workers

and other persons out of the AEZ surrounding the pesticide application 

equipment within the establishment’s property boundary.
	

Effective January 2, 2018 

❖	 Expanded training content for workers and handlers (January 2, 2018 or

within 6 months of EPA making training materials available but not before 

January 2, 2018). Refer to Appendix B: Worker Protection Standard Criteria 

for worker and handler training content. 

❖	 The expanded content that must be included in the pesticide safety

information display (safety posters). Refer to page 23.
	

❖	 Suspending applications. The requirement for handlers to suspend 

applications if anyone, other than a trained and equipped handler

involved with the application, is in the AEZ which can extend beyond the 

establishment’s property boundary.
	

Until these 2015 revised WPS requirements become enforceable, the 1995

WPS regulations (subparts A, B and C of 40 CFR part 170) remain in effect. 
4 

INTRO

 

WHO DOES THE WPS PROTECT? 

The WPS requires employers to take steps to protect primarily two types of

agricultural employees: workers and handlers. In addition, the WPS provides

certain protections for “other persons” during pesticide applications (e.g., nonworker/handler employees, family members, customers, government officials and

any bystanders). 

Workers 

A worker is anyone who is: 

1.		 Employed (including self-employed) in exchange for a salary or wages or

other monetary compensation, and 

2.		 Doing tasks directly related to the production of agricultural plants on an

agricultural establishment such as harvesting, weeding, carrying nursery

stock, repotting plants, pruning or watering. 

Handlers 

A handler is anyone who is: 

1.		 Employed (including self-employed) in exchange for a salary or wages

or other monetary compensation by an agricultural establishment or a

commercial pesticide handling establishment that uses pesticides in the

production of agricultural plants, and 

2.		 Doing any of the following tasks:

●		 Mixing, loading, transferring, applying or disposing of pesticides,

●		 Handling opened containers of pesticides; emptying, triple-rinsing, or

cleaning pesticide containers according to pesticide product labeling

instructions; or disposing of pesticide containers that have not been

cleaned, 

●		 Acting as a flagger, 

●		 Cleaning, adjusting, handling or repairing the parts of mixing, loading, or

application equipment that may contain pesticide residues,

●		 Assisting with the application of pesticides, including incorporating the

pesticide into the soil after the application has occurred, or dipping plant

cuttings in rooting hormones that are registered pesticides,

●		 Entering a greenhouse or other enclosed space after application and

before the inhalation exposure level listed on the pesticide product

labeling has been reached or any ventilation criteria established by WPS

(Chapter 3, Table 1. Entry Restrictions During Enclosed Space Production 

Pesticide Applications) or on the pesticide product labeling has been met 

to: 

о Operate ventilation equipment,

о Adjust or remove coverings, such as tarps used in fumigation, or

о Check air pesticide concentration levels, 
WPS — How to Comply Manual 5 

INTRO

INTRODUCTION

●		 Entering a treated area outdoors after application of any soil fumigant to

adjust or remove soil coverings, such as tarps, or

●		 Performing tasks as a crop advisor:

о During any pesticide application,

о During any restricted-entry interval, or

о Before any inhalation exposure level listed on the pesticide product

labeling has been reached or any ventilation criteria established by

WPS (Chapter 3, Table 1. Entry Restrictions During Enclosed Space 

Production Pesticide Applications) or on the pesticide product labeling 

has been met. 

Examples: 

You are a handler if you are loading unopened water-soluble packets into a

mixing tank (because you are mixing and loading the pesticide). 

You are not a handler if you: 

●		 Purchase pesticides and transport them unopened to an establishment.

●		 Carry containers that have never been opened into a pesticide storage

facility. 

●		 Transport containers that have never been opened to the site where they are 

to be mixed, loaded, or applied. 

Handlers who are currently certified as applicators of restricted-use pesticides

must be given all of the WPS handler protections, except that they do not need to

receive WPS training. 

Crop Advisors 

A crop advisor may be a worker or handler under the WPS depending on when 

the crop advising task is done. A crop advisor is defined as any person who 

is assessing pest numbers, damage, pesticide distribution, or the status or

requirements of agricultural plants. 

●		 If crop advising tasks are done during a pesticide application or while the REI

is in effect, the crop advisor is a handler under WPS. 

●		 If crop advising tasks are done after the REI has expired, but is within the 30

days of the expiration of the REI, the crop advisor is a worker under WPS. 

See Chapter 6: Exemption and Exceptions for additional requirement for crop

advisors. 

A person is not a 

handler if he or she 

only handles pesticide

containers that have 

never been opened

and have been emptied

or cleaned according

to instructions on the 

pesticide product

labeling. 
6 

INTRO

WHAT ARE THE BASIC PRINCIPLES OF THE WPS? 

The WPS is based on a foundation of three basic principles to enhance

protections provided to agricultural workers, pesticide handlers and other 

persons. 

INFORM 

To ensure employees will be informed about exposure to pesticides, the WPS 

requires: 

●		 Pesticide safety training — for workers and handlers. 

●		 Pesticide safety information — basic safety concepts (on the poster

or otherwise displayed) available at the central location and some

decontamination sites. 

●		 Pesticide application and hazard information (SDS) and access to

the information — centrally-located pesticide application information and

safety data sheets (SDS) in an area accessible to workers and handlers.

This information must be kept for 2 years on the establishment and must be

provided to the employee, medical personnel or the employee’s designated 

representative upon request.

●		 Notify workers about treated areas — posting signs or providing oral

notification to avoid inadvertent pesticide exposures.

●		 Information exchange — between commercial pesticide handler employers

and agricultural employers. 

PROTECT 

To ensure employees will be protected from exposures to pesticides, the WPS 

requires employers to: 

●		 Exclude workers and others from areas being treated with pesticides.

●		 Exclude workers and others from the application exclusion zone (AEZ)

within the boundaries of the agricultural establishment during pesticide

applications.

●		 Exclude workers from areas that remain under a restricted-entry interval

(REI), with narrow exceptions.

●		 Ensure a pesticide handler or an early-entry worker (one that enters a

treated site prior to the expiration of the REI) be a minimum of 18 years old.

●		 Prohibit handlers from applying a pesticide in a way that will expose

workers or other persons.

●		 Protect handlers during handling tasks including monitoring while handling

highly toxic pesticides.

●		 Provide, maintain and ensure the correct use of personal protective

equipment (PPE) including enhanced protections for the use of respirators.

●		 Protect early-entry workers who are doing permitted tasks in treated areas

during a REI, including special instructions and duties related to correct use

of PPE. 
WPS — How to Comply Manual 7 

INTRO

INTRODUCTION

In addition, the WPS requires handlers to: 

●		 Apply pesticides in a way that will not expose workers or other persons.

●		 Suspend applications if anyone, other than a trained and equipped handler

involved with the application, is in the AEZ during a pesticide application 

(which may be outside the establishment’s property boundary). 

●		 Wear PPE specified on the pesticide product labeling. 

MITIGATE 

To address pesticide exposures that employees may experience, the WPS 

requires employers to provide: 

●		 Decontamination supplies — specific amounts of water for workers and

handlers along with soap and towels for routine washing and emergency

decontamination. 

●		 Eyewash water — for handlers using pesticides requiring protective 

eyewear. 

●		 Emergency assistance — making transportation available to a medical care

facility if an agricultural worker or handler may have been poisoned or injured

by a pesticide, and providing information about the pesticide(s) to which the

person may have been exposed to. 
8
	

INTRO
CHAPTER 1 

DETERMINING YOUR WPS RESPONSIBILITIES
 

DOES THE WPS APPLY TO YOU? ............................ 10
 

WHO HAS WPS RESPONSIBILITIES? ......................... 12
 

ARE YOU A “WORKER” EMPLOYER, A “HANDLER” EMPLOYER OR 

BOTH? .................................................. 13
 

WHICH ESTABLISHMENTS ARE COVERED BY THE WPS? ....... 14
 

WHICH PESTICIDE USES ARE COVERED BY THE WPS?......... 15
 

WHICH PESTICIDE USES ARE NOT COVERED BY THE WPS? .... 16
 

WHAT IF THE LABELING CONFLICTS WITH THE WPS?.......... 17
 

All WPS requirements are effective January 2, 2017 unless

identified for a delayed implementation of January 2, 2018. 

9 
10 

CHAPTER 1

DOES THE WPS APPLY TO YOU? 

The WPS applies to you if you use a WPS-labeled pesticide product (that

contains an AGRICULTURAL USE REQUIREMENTS box under DIRECTIONS 

FOR USE) on an “agricultural establishment” directly related to the production

of an “agricultural plant.” If you also employ workers or handlers (directly

or through a labor contractor), you will have additional WPS responsibilities.

In the WPS, employers of workers or handlers are referred to as “agricultural

employers” or “commercial pesticide handler employers” depending on the

situation. 

Employers are responsible for making sure that workers and handlers receive

the protections required by the pesticide labeling and the WPS. The term 

“employ” and “agricultural employer” have special meanings in the WPS — you

are an employer even though you are self-employed or use only members of

your own family to do the work on your establishment. You are also considered 

the employer when you hire workers or handlers through a labor

contractor. However, an owner or agricultural employer who hires handlers 

through a commercial pesticide handler employer is not considered the

handler employer for those handlers. 

The WPS applies to you if: 

You own or operate an agricultural Even if you are the owner of a farm,

establishment directly related to the forest, nursery, or an enclosed space 

production of an agricultural plant. production facility (e.g., greenhouse,

grow house, hoop house, high

tunnel) and you or members of your

“immediate” family do all the work,

you are a “WPS employer” and must

comply with some of the requirements

described in this manual. 

You hire or contract for the services This includes hiring labor contractors

of agricultural workers to do and others who contract with growers

tasks related to the production to supply workers or handlers to work

of agricultural plants on an on your agricultural establishment.

agricultural establishment. The labor contractor can be 

assigned WPS responsibilities but

is not responsible for your WPS

compliance. 

You employ researchers who help There is an exemption from the

produce agricultural plants. WPS requirements when conducting

research on unregistered pesticides.

This exemption DOES NOT include 

research on unregistered uses of

a registered pesticide product or

maintenance pesticide applications

applied to agricultural plants subject to

research. 
WPS RESPONSIBILITIES

WPS — How to Comply Manual

You operate a business in which Commercial pesticide handlers

you (or people you employ) apply and their employees are included

pesticides that are used for the in the WPS even if some of the 

production of an agricultural plant. pesticide handling tasks (mixing,

loading, disposal, etc.)take place

somewhere other than the agricultural

establishment that is the treatment 

site. An example would be mixing/

loading at the commercial handling

establishment or an airport hangar. 

You operate a business in which “Crop advisor” means any person

you (or people you employ) perform who is assessing pest numbers or

tasks as a crop advisor on any damage, pesticide distribution, or the

agricultural establishment. status, condition, or requirements of

agricultural plants. Examples include

crop consultants and field scouts.

For a description of WPS provisions

for certified and non-certified crop

advisors, see Chapter 6: Exemptions

and Exceptions. 

You are a pesticide handler who 

applies WPS-labeled pesticide

products on an agricultural

establishment. 

Handlers have several specific

responsibilities under WPS separate

from employers of handlers that deal

with the actual application of the

pesticide and wearing PPE. 

Under the WPS, you may be one or several of the above.
 

Know where you stand!
 

CHAPTER 1 

11
 
12 

CHAPTER 1

WHO HAS WPS RESPONSIBILITIES?
 

While handler 

employers have primary 

responsibility for

compliance with most

WPS requirements,

pesticide handlers DO

have several specific

responsibilities under

the WPS including the

requirement to wear

the label-required

personal protective

equipment when

handling pesticides and

to follow measures to 

protect workers and

other persons during

pesticide applications. 

The WPS requires agricultural employers and commercial pesticide handler

employers to provide the protections required by this rule. 

●		 An agricultural employer or commercial pesticide handler employer

must provide WPS protections to their worker or handler employees.

●		 Certain WPS protections must also be provided to agricultural

establishment owners or their immediate family members regardless of

whether or not other workers or handlers are employed on the establishment.

●		 In addition, handlers have several specific responsibilities under the WPS. 

In summary, you have WPS responsibilities if you are: 

An agricultural employer – any person who is an owner of, or is responsible for

the management or condition of an agricultural establishment, and who employs

any worker or handler. 

A commercial pesticide handler employer – any person, other than an

agricultural employer, who employs any handler to perform handler activities 

on an agricultural establishment. A labor contractor who does not provide 

pesticide application services or supervise the performance of handler activities,

but merely employs laborers who perform handler activities at the direction of

an agricultural or handler employer, is not a commercial pesticide handler

employer. 

A handler – any person, including a self-employed person, who is employed

by an agricultural employer or commercial pesticide handler employer and

performs certain activities including but not limited to mixing, loading or applying

pesticides. See the Introduction (page 4) for a full list of handler activities. 
WPS RESPONSIBILITIES

WPS — How to Comply Manual

ARE YOU A “WORKER” EMPLOYER, A “HANDLER” 

EMPLOYER OR BOTH? 

The kinds of tasks your employees do, determine whether you are a “worker”

employer, a “handler” employer or both. 

What activities employees perform will determine whether or not you (as their

employer) must comply with the WPS and if so, which requirements apply to

your situation. You need to provide all of the protections that apply to the type of 

employee you have. See page 4 to determine if your employees are “workers”

(including “early-entry workers”) or “handlers.” 

●		 The same employee may be a worker at times and a handler at other times,

depending on the type of task being performed.

●		 You may be both a worker employer and a handler employer depending on 

the tasks that you and your employees do.

●		 “Early-entry workers” are also “workers” under the WPS.

●		 You and your “immediate family” may be exempt from most of the WPS but 

not all. Make sure you know the WPS requirements you and your family must

comply with. See Chapter 6: Exemptions and Exceptions.

●		 Both general-use pesticides and restricted-use pesticides are covered by the

WPS. 

Hint: Training 

employees as

handlers provides

flexibility by ensuring

they have met the

training requirements

for “workers” and 

“handlers.” 

CHAPTER 1 

13
 
14 

CHAPTER 1

Farms, forests and 

nurseries could 

operate as outdoor

production or enclosed

space production,

depending on the

situation. Enclosed 

space production

includes greenhouses,

mushroom houses, 

hoop houses, high

tunnels and grow

houses. 

WHICH ESTABLISHMENTS ARE COVERED BY THE WPS? 

The majority of establishments covered by the WPS include traditional cropproducing agricultural establishments that are farms, forest operations or

nurseries involved in either outdoor or enclosed space production and employ

workers or handlers. The WPS also covers family owned agricultural operations 

where family members are the only persons who work on the establishment. 

The WPS applies to any establishment involved in growing, maintaining or

producing agricultural plants (includes, but is not limited to, grains, fruits and

vegetables; wood fiber or timber products; flowering and foliage plants and

trees; seedlings and transplants; and turf grass produced for sod) for commercial

and/or research or experimental purposes. Commercial production includes

production of plants for sale, trade or in-house use on the establishment or

another facility. 

This means the following facilities or operations that are not generally recognized

as traditional agricultural production establishments may be considered an

agricultural establishment for the purposes of the WPS and are covered by the

rule if they use WPS-labeled pesticide products: 

●		 Nurseries, garden centers or other similar operations where nursery and

ornamental bedding plants are maintained for sale (retail or wholesale).

●		 Dairy farms that produce hay for feed for their cattle.

●		 Golf course establishments that also produce sod and/or ornamentals in

one area on their facility/establishment for transplanting into the golf course

portion of the facility. 

●		 Public park operations/facilities and/or privately-held ornamental garden

operations/facilities that produce ornamental plants in one area on their

establishment for transplanting into the permanent park or ornamental

planting portion of the facility. 

●		 Theme park operations (e.g., Disney World, Universal Studios, Sea World, 

etc.), hotels, and/or other entertainment operations that produce ornamental

plants in one area on their establishment for transplanting into the permanent

theme park grounds or ornamental planting portions of the facility. 

●		 Prisons that have “prison farms” where agricultural plants are produced and

the prisoners are employed as workers and handlers.

●		 University extension agricultural research facilities that conduct research on

agricultural plants.

●		 Educational classes or vocational agriculture programs where agricultural

plants are produced as part of a class or program, students act as workers

and/or handlers, and students receive monetary compensation such as a

stipend, or free or reduced tuition.

●		 Pine straw harvesting/production operations.

●		 Government owned or managed agricultural operations. 

The WPS also applies to any establishment operating as a commercial (for-hire)

pesticide handling establishment that applies WPS-labeled pesticide products on

agricultural establishments or provides crop advising services for an agricultural

establishment. 
WPS RESPONSIBILITIES

WPS — How to Comply Manual

WHICH PESTICIDE USES ARE COVERED BY THE WPS? 

170.303(a) 

Most pesticide uses involved in the indoor or outdoor production of agricultural

plants on an agricultural establishment are covered by the WPS. This includes 

pesticides used on plants and pesticides used on the soil or planting medium the

plants are (or will be) grown in. Both general-use and restricted-use pesticides

are covered by the WPS. A pesticide product is covered by the WPS if the 

following statement is in the Directions for Use section on the product labeling: 

AGRICULTURAL USE REQUIREMENTS 

Use this product only in accordance with its labeling and with the

Worker Protection Standard, 40 CFR 170. This standard contains 

requirements for the protection of agricultural workers on farms,

forests, nurseries, and greenhouses, and handlers of agricultural

pesticides. It contains requirements for training, decontamination,

notification, and emergency assistance. It also contains specific

instructions and exceptions pertaining to the statements on

this label about personal protective equipment, restricted-entry

intervals and notification of workers. 

When a pesticide product with labeling that refers to the WPS is used on an

agricultural establishment directly related to the production of an agricultural

plant, WPS requirements must be complied with. Although some protective 

requirements for workers and handlers (PPE, REI, etc.) are clearly identified on

the pesticide product label, other WPS requirements are referred to through the

following statement on the label: It is violation of federal law to use a pesticide 

product in a manner inconsistent with its labeling. 

Example of WPSlabeled pesticide

product statement. 

CHAPTER 1 

15
 
16 

CHAPTER 1

Hay production is a

WPS use (including

as feed for your

own animals). Hay

incidentally harvested

from rights-of-ways is

not a WPS use. 

WHICH PESTICIDE USES ARE NOT COVERED BY THE 

WPS? 170.303(b) 

Some pesticide uses are not covered by the WPS, even when the

“AGRICULTURAL USE REQUIREMENTS” section is on the labeling. 

For example, if the pesticide labeling bears an “AGRICULTURAL USE 

REQUIREMENTS” section, but the product can also be applied to rights-of-way, 

the rights-of-way use is not covered by the WPS. 

The WPS does not apply when a pesticide product label requires compliance

with the WPS and is applied on an agricultural establishment in the following

circumstances:
	

●		 As part of government-sponsored public pest control programs over which

the owner, agricultural employer and handler employer have no control (e.g., 

mosquito abatement and Mediterranean fruit fly eradication).

●		 On plants other than agricultural plants, which may include plants in home

fruit and vegetable gardens, home greenhouses, and permanent plantings

for ornamental purposes (e.g., plants that are in ornamental gardens, parks,

public or private landscaping, lawns or other grounds that are intended only

for aesthetic purposes or climatic modification).

●		 For control of vertebrate pests such as rodents, unless directly related to

the production of an agricultural plant. 

●		 As an attractant or repellent in traps.

●		 On the harvested portions of agricultural plants or on harvested timber. 

●		 For research uses of unregistered pesticides.

●		 On pasture or rangeland where the forage will not be harvested for hay or for 

any use.

●		 In a manner not directly related to the production of agricultural plants,

including, but not limited to, livestock pest control (e.g., pesticide applications

on livestock or other animals, or in or about animal premises), structural pest

control and control of vegetation in non-crop areas. 
WPS RESPONSIBILITIES

WPS — How to Comply Manual

WHAT IF THE LABELING CONFLICTS WITH THE WPS? 

Labeling overrides WPS 170.303(c) 

If the pesticide product labeling contains specific instructions or requirements

that conflict with the requirements of the Worker Protection Standard, follow 

the instructions or requirements on the labeling, except as allowed in the: 

●		 WPS exemptions for crop advisors and owners of agricultural

establishments and their immediate families.
	

●		 WPS exceptions to PPE requirements specified on pesticide product

labeling.

●		 WPS exceptions for entry by workers during restricted-entry intervals

(early-entry workers).
	

For example, some pesticide product labeling may: 

●		 Prohibit any early-entry activity, including short-term and emergency tasks. 

●		 Allow an early-entry activity that the WPS does not allow. 

●		 Require the use of personal protective equipment even if closed systems

are used for mixing and loading.

●		 Establish a different area that people must be kept out of during and after a 

pesticide application, such as the soil fumigant requirements.

●		 Require emergency eye flushing water in additional situations for products

that are eye irritants. 

Exceptions to labeling statements 

The WPS allows certain exceptions to three specific pesticide labeling

requirements: personal protective equipment (Chapter 4), restricted-entry

intervals (Chapter 3), and double notification (Chapter 3) (which is the

requirement on some labeling for both oral warnings and posting treated

areas). The Agricultural Use Requirements box on the pesticide product 

labeling contains the WPS exceptions. 

CHAPTER 1 

17
 
18
 

CHAPTER 1
CHAPTER 2 

REQUIREMENTS FOR AGRICULTURAL

EMPLOYERS OF WORKERS OR HANDLERS 

GENERAL RESPONSIBILITIES OF AGRICULTURAL EMPLOYERS . 20
 

RESPONSIBILITIES OF AGRICULTURAL EMPLOYERS TO PROVIDE 

INSTRUCTIONS TO SUPERVISORS .......................... 20
 

INFORMATION DISPLAYED AT A CENTRAL LOCATION (CENTRAL

POSTING) ................................................ 21
 

RECORDKEEPING: PESTICIDE APPLICATION AND HAZARD 

INFORMATION ............................................ 24
 

REQUESTS FOR RECORDS OF PESTICIDE APPLICATION AND 

HAZARD INFORMATION .................................... 25
 

EMERGENCY ASSISTANCE ................................. 26
 

DECONTAMINATION SUPPLIES FOR WORKERS & HANDLERS .. 26
 

PESTICIDE SAFETY TRAINING .............................. 27
 

ESTABLISHMENT-SPECIFIC INFORMATION ................... 30
 

EMPLOYER INFORMATION EXCHANGE....................... 31
 

RETALIATION AGAINST EMPLOYEES IS PROHIBITED .......... 33
 

EMPLOYER RESPONSIBILITIES FOR WPS VIOLATIONS ......... 33
 

The topics covered in this chapter apply to agricultural employers of workers and

handlers. Some WPS protections employers must provide are nearly the same

whether their employees are workers or handlers. Additional responsibilities for 

agricultural employers of workers are covered in Chapter 3. Chapter 4 covers

additional responsibilities for employers of handlers. If both workers and handlers

are employed, it will be necessary to read Chapters 2, 3 and 4. 

All WPS requirements are effective January 2, 2017 unless

identified for a delayed implementation of January 2, 2018. 

19 
20 

CHAPTER 2

The minimum age of

18 years old applies

to all handlers and 

early-entry workers

at agricultural

establishments 

including research

facilities, universities, 

or governmental

entities. The only 

exemption from the

minimum age is for

owners of agricultural

establishments and 

their immediate family. 

Even if the agricultural

employer assigns a

supervising employee

or labor contractor to 

carry out the duties

required by the

WPS, the agricultural

employer is ultimately

responsible for making

sure that all those 

duties are performed. 

GENERAL RESPONSIBILITIES OF AGRICULTURAL 

EMPLOYERS 

The WPS requires agricultural employers to implement many provisions to

protect workers and handlers. The general responsibilities for agricultural 

employers are listed below with additional requirements presented further in this

chapter. 

Agricultural employers must:

●		 Ensure all pesticides are used consistent with the pesticide product label

at all times, including following the WPS requirements when applicable.

170.309(a) 

●		 Provide each worker and handler the protections required by the WPS.

170.309(b) 

●		 Verify that each handler, or worker that conducts early-entry tasks, is at least 

18 years old. 170.309(c) 

●		 Ensure that employees do not clean, repair, or adjust pesticide application 

equipment without completing WPS handler training. 170.309(g) 

●		 Do not allow other persons (not employed by the agricultural establishment)

to clean, repair, or adjust pesticide application equipment until they are told:

о That the equipment may be contaminated with pesticides.

о The potentially harmful effects of pesticide exposure. 

о How they are to handle the equipment to limit exposure to pesticides.

о How to wash themselves and/or their clothes to prevent or remove

pesticide residues. 170.309(g) 

●		 Provide records or other information required by the WPS for inspection to an

employee of EPA or any duly authorized representative of a Federal, State or 

Tribal agency responsible for pesticide enforcement. 170.309(m) 

RESPONSIBILITIES OF AGRICULTURAL EMPLOYERS TO 

PROVIDE INSTRUCTIONS TO SUPERVISORS 170.309(d) & (e) 

If an agricultural employer employs supervisors of workers or handlers, or hires

workers or handlers through a labor contractor, the agricultural employer must 

provide sufficient instructions to the supervisors and/or labor contractors to

ensure that workers and handlers receive all required WPS protections. The 

instructions must specify which tasks the labor contractors and/or supervisors are

responsible for in order to comply with the WPS. 

The agricultural employer must also require labor contractors and anyone

who supervises any workers or handlers to provide sufficient information and

directions to each worker and handler to ensure that they can comply with the

WPS provisions applicable to their duties and tasks as a worker or handler. 

Agricultural employers and their supervisors must clearly understand each

of the responsibilities for complying with the WPS and ensure that they are

implemented. 
AGRICULTURAL EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 21 

CHAPTER 2

INFORMATION DISPLAYED AT A CENTRAL LOCATION 

(CENTRAL POSTING) 

Agricultural employers must display certain information, described below, 

at a central location whenever any worker or handler they employ is on their

agricultural establishment and, within the past 30 days, a WPS-labeled pesticide

product has been applied or a restricted-entry interval (REI) for such pesticide

has been in effect. 170.309(h) 

The requirement to display information is not applicable to commercial pesticide

handler employers. 

What information must be displayed? 

170.311(a)&(b) 

●		 Pesticide safety information can be a poster

developed by EPA, or an equivalent way of 

providing the required WPS pesticide safety

concepts (see page 23). 

●		 Pesticide application information including:

о Name of the pesticide applied,

о Active ingredient(s),

о EPA registration number, 

о REI, 

о Crop or site treated,

о Location and description of the treated area(s), and

о Date(s) and times application started and ended. 

●		 Hazard information consists of a copy of the OSHA Safety Data Sheet 

(SDS) for each pesticide product. 

Where must the information be displayed? 170.311(a)(5) and 170.311(b)(2)&(3) 

Pesticide safety, application, and hazard information must be displayed at a 

central location on an agricultural establishment that is readily accessible at all

times during normal work hours and can be easily seen and read by workers and

handlers. Usually this is a location where employees congregate such as where

they check in or out of work, change clothes, eat, etc. 

In addition, only pesticide safety information must be displayed at: 

●		 Any permanent decontamination site, and

●		 Any location where decontamination supplies are required in quantities for 11 

or more workers. 

The new pesticide

information that must 

be included as of 

January 2, 2017 is:

●		 Include the crop or

site treated along

with the location 

and description of

the treated area. 

●		 Include the 

time and date 

the pesticide

application started

and ended instead 

of the “time and 

date the pesticide

is to be applied.” 

The SDS can be 

kept electronically, 

however the workers 

and handlers must 

have a way to have

unrestricted access 

to the information at 

all times during their

work hours and must 

be trained on how to 

access it. 

The pesticide

application and hazard

information do not 

have to be displayed

at decontamination 

sites, only the pesticide

safety information. 
22 

CHAPTER 2

IMPORTANT: Workers 

are not permitted to

enter any area where

a pesticide has been

applied or an REI has

been in effect until 

the required pesticide

application and hazard

information for each 

pesticide product

applied to that area is

displayed at the central

location, the REI has 

expired, and all treated

area warning signs

have been removed or 

covered. 170.309(l) 

Employers should

inform workers 

and handlers of 

any changes to the

emergency medical

facility information. 

When must the information be displayed? 170.309(h) & (l) and 170.311(b)(5) 

Display pesticide safety information: 

●		 Whenever any worker or handler employee is on the agricultural

establishment, and 

●		 When, within the past 30 days, a WPS-labeled pesticide product has been

applied or a restricted-entry interval (REI) for such pesticide has been in

effect. 

Display pesticide application and hazard information: 

●		 Within 24 hours after the end of the application if workers or handlers are on

the agricultural establishment. 

Continue to display the pesticide application and hazard information when

workers or handlers are on the establishment until: 

●		 At least 30 days after the REI expires, or

●		 At least 30 days after the end of the application, if there is no REI for the

pesticide, or

●		 Workers and handlers are no longer on the establishment - if it is less than 30 

days after the end of the last applicable REI. 

Other employer responsibilities 

●		 Inform workers and handlers where the pesticide safety, application and 

hazard information is located. 170.403 & 170.503 

●		 Allow workers and handlers unrestricted access to the posted information.

170.311(a)(6) & (b)(3) 

●		 Ensure the pesticide safety information and pesticide application information

remains legible the entire time they are posted. 170.311(a)(7) & (b)(4) 

●		 Update the emergency medical facility information listed with the poster within

24 hours of obtaining new information. 170.311(a)(4) 
AGRICULTURAL EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 23 

CHAPTER 2

Criteria for pesticide safety information 

Pesticide safety information covers specific concepts that reinforce pesticide

safety. These topics must be conveyed in a manner that workers and handlers 

can understand. All of these points may be on one poster or any alternate display 

format that conveys the required information. 170.311(a)(2) & 170.311(a)(3) 

Before January 2, 2018, the existing pesticide safety information does not

change. The content of the safety information may contain either the information 

consistent with the EPA pesticide safety poster based on the 1995 WPS or the 

information required by the 2015 revised WPS. 

After January 2, 2018, the pesticide safety information must include all of the

points listed below: 

●		 Avoid getting on the skin or into the body any pesticides that may be on 

or in plants, soil, irrigation water, tractors, and other equipment, on used 

personal protective equipment, or drifting from nearby applications.

●		 Wash before eating, drinking, using chewing gum or tobacco, or using the 

toilet. 

●		 Wear work clothing that protects the body from pesticide residues (longsleeved shirts, long pants, shoes and socks, and a hat or scarf).

●		 Wash or shower with soap and water, shampoo hair, and put on clean 

clothes after work. 

●		 Wash work clothes separately from other clothes before wearing them 

again.

●		 If pesticides are spilled or sprayed on the body use decontamination

supplies to wash immediately, or rinse off in the nearest clean water, 

including springs, streams, lakes or other sources if more readily available

than decontamination supplies, and as soon as possible, wash or shower

with soap and water, shampoo hair, and change into clean clothes. 

●		 Follow directions about keeping out of treated areas and application

exclusion zones. 

●		 Instructions to employees to seek medical attention as soon as possible if

they believe they have been poisoned, injured, or made ill by pesticides.

●		 The name, address, and telephone number of a nearby operating medical

care facility capable of providing emergency medical treatment. This 

information must be clearly identified as emergency medical contact

information on the display. 

●		 The name, address, and telephone number of the state or tribal pesticide

regulatory agency. 

EPA will develop 

updated pesticide

safety posters with

the revised content. 

Agricultural employers

may use the EPA

safety posters or

display the information

in an alternate format 

that meets the WPS 

requirements. 

The agricultural

employer must update

the pesticide safety

information display

within 24 hours of 

notice of any changes

to the emergency

medical facility

information. 
24 

CHAPTER 2

RECORDKEEPING: PESTICIDE APPLICATION AND 

HAZARD INFORMATION 

If the pesticide application and hazard information is required to be displayed, the

agricultural employer must keep a record of the pesticide application and hazard

information on the establishment for 2 years from the expiration date of the REI

of the pesticide applied. 170.311(b)(6) 

Pesticide records must contain: 

● Name of the pesticide applied,

● Active ingredient,

● EPA registration number, 

● REI, 

● Crop or site treated,

● Location and description of the treated area(s),

● Date(s) and times application started and ended, and

● Safety Data Sheet of the pesticide applied. 

Pesticide records must be maintained for any covered use of a WPSlabeled pesticide for either general-use or restricted-use pesticides (even if

state or tribal laws do not require pesticide recordkeeping). 
AGRICULTURAL EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 25 

CHAPTER 2

REQUESTS FOR RECORDS OF PESTICIDE APPLICATION 

AND HAZARD INFORMATION 

The pesticide application and hazard information that must be provided is limited

to the 2-year record retention requirement. Information must be provided within

15 days of the request. 170.311(b)(7) 

Workers and handlers may request a copy of, or access to, the pesticide

application information and hazard information if: 

●		 The person is, or was employed as a worker or handler by the establishment

during the period when the information was to be displayed and maintained,

and 

●		 The request is made orally or in writing. 

Treating medical personnel or a person acting under their supervision, may

request access to, or a copy of pesticide application and hazard information

for the diagnosis or treatment of a worker or handler who was employed on the

agricultural establishment during the period that the information was required to

be displayed. This request can be made orally or in writing. The information must 

be provided promptly after receiving the request. 170.311(b)(8) 

A designated representative may request access to, or a copy of pesticide

application and/or hazard information for a worker or handler. The request must 

be made in writing and contain the following information: 

●		 The name of the worker or handler being represented.

●		 A description of the specific information being requested including:

о Dates of employment of the worker or handler, 

о The date(s) for which the records are requested,

о Type of work conducted by the worker or handler during the period for 

which the records are requested, and

о The specific application and hazard information requested.

●		 A written statement clearly designating the representative to obtain this 

information on the worker’s or handler’s behalf, with the worker’s or handler’s 

printed name and signature, the date of the designation, and the printed

name and contact information for the designated representative.

●		 Where to send the information, if the information is to be sent. 

Upon receiving a written request from a designated representative, complete with

all of the required information, the agricultural employer must provide a copy of,

or access to the requested information within 15 days. 170.311(b)(9) 

If a record has been previously provided without cost to a worker or handler or

their designated representative, a reasonable fee may be charged for duplicate

records but the fee may not include any non-discriminatory costs (no overhead

charges). 170.311(b)(9) 

There is a separate

WPS provision that

requires the agricultural

employer to provide

certain information 

to treating medical

personnel if a worker

or handler has been 

exposed to a pesticide

on the agricultural

establishment and 

needs emergency

medical treatment. 

See the section on 

Emergency Assistance 

for more details. 
26 

CHAPTER 2

 

 

Employers can “make

transportation available”

by:

●		 Taking the 

employee to the

medical care 

facility, or 

●		 Calling an 

emergency

vehicle, such as an 

ambulance, or 

●		 Making sure the

employee has a

ride to the medical 

care facility with

someone else. 

EMERGENCY ASSISTANCE 170.309(f) 

The agricultural employer must provide

transportation and emergency information

promptly for their workers after learning of the

possible poisoning or injury if: 

●		 There is reason to believe that a worker 

or handler experienced a potential pesticide exposure during his or her

employment on their employer’s agricultural establishment, or 

●		 They show symptoms similar to those associated with acute exposure to

pesticides during or within 72 hours after his or her employment on the

agricultural establishment, and needs emergency medical treatment. 

Provide emergency transportation 170.309(f)(1) 

Make emergency transportation available to take that person from the agricultural

establishment (including any worker housing area on the establishment) to a

medical care facility capable of providing emergency medical treatment to a

person exposed to pesticides. 

Provide emergency information 170.309(f)(2) 

Provide all of the following information to the treating medical personnel: 

●		 Copies of the applicable SDS, the pesticide product name, EPA registration 

number and active ingredient(s) for each pesticide product to which the

person may have been exposed.

●		 Type of application or how the pesticide was used on the agricultural 

establishment. 

●		 The circumstances that could have resulted in exposure to the pesticide. 

DECONTAMINATION SUPPLIES FOR WORKERS & 

HANDLERS 

To prevent, or mitigate pesticide exposures, the 

agricultural employer is required to provide supplies

to each worker or handler (including early-entry

workers) for routine washing to remove pesticide

residues, emergency decontamination, and

immediate eye flushing in certain situations. What

supplies must be provided, when, where, and for

how long are covered in Chapter 3 for workers and

Chapter 4 for handlers. 
AGRICULTURAL EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 27 

CHAPTER 2

 

PESTICIDE SAFETY TRAINING 

All workers and handlers employed by an

agricultural employer must receive annual WPS

training as a worker or as a handler (except as

provided for in the exemptions or exceptions).

Employees must receive WPS training before

they perform any worker or handler task on the

establishment. Presented below are the training requirements for both workers

and handlers. Additional information on worker training is in Chapter 3 and on 

handler training in Chapter 4. 

The following are key requirements for training workers and handlers: 

●		 There is no grace period for WPS training! The agricultural employer must

ensure that WPS training is completed within the last 12 months before:

о Any worker enters a treated area on an agricultural establishment where,

within the last 30 days, a WPS-labeled pesticide product has been used

or a REI for such pesticide has been in effect. 

о Any handler conducts any handling task.

●		 Workers and handlers are exempt from WPS training if they are currently:

о Certified as an applicator of restricted-use pesticides.

о Certified as a crop advisor by a program acknowledged as appropriate

in writing by EPA, or a State or Tribal agency responsible for pesticide 

enforcement. 170.401(b) 

●		 Additionally, a worker is exempt from WPS worker training if they have been 

trained as a WPS handler within the last 12 months. 

●		 Only qualified trainers may provide WPS training.

●		 Train workers and handlers annually. 

●		 Provide training in a manner that the workers or handlers can understand,

using a translator if necessary. 

●		 Present training using EPA-approved materials either orally from written 

materials or audio-visually. 

●		 Keep records of worker or handler training for 2 years.

●		 Make training records available to employees upon request.

●		 All training requirements are effective January 2, 2017 EXCEPT the 

expanded training content which is effective January 2, 2018. 

Owners of agricultural

establishments and 

their immediate families 

and certified crop

advisors are exempt

from WPS training

requirements. See

Chapter 6: Exemptions

and Exceptions. 

Valid currently certified 

applicators and certified

crop advisors are

exempt from WPS

worker and handler 

training. Any worker 

who has been trained 

as a handler does not 

need to receive worker 

training. 

EPA does NOT supply 

or issue WPS training

verification cards. 
28 

CHAPTER 2

The designated

representative (DR)

CANNOT request

a copy of a training

record on behalf of a 

worker/handler. The 

DR only has the right to

access the application

info and the SDS. 

An attendance roster of 

the WPS training with

all of the training record

information meets 

the recordkeeping

requirement. 

If a worker or handler 

was trained at another 

establishment, you

may get a copy of the

training record and

keep as your record of

training. If no record

is provided, you must

provide WPS training

and maintain the 

training record. 

What topics must the training cover? 

Worker and handler training content effective January 2, 2018 is itemized on 

page 23. Until January 2, 2018, WPS safety training content remains the same

as in the 1995 rule although all training materials used after January 2, 2017

must be approved by EPA. 

The expanded content of training topics is the only requirement of worker and

handler training that has a delayed implementation date of January 2, 2018 (or

no more than 6 months after EPA has published the availability of the training 

materials but not before January 2, 2018). Both workers and handlers will have

to be trained on the same 23 topics with handlers requiring an additional 13

topics (total of 36 topics). Refer to Training Criteria for Workers and Handlers in 

Appendix B for information on specific training topics. 

How often must workers and handlers be trained? 

Once every 12 months (annually), counting from the end of the month in which

the previous training was completed. 170.401(a) & 170.501(a) 

Training records 170.401(d) & 170.501(d) 

Training records for each worker and handler must be kept on the establishment 

for 2 years from the date of training. The training record must include: 

●		 The worker’s or handler’s printed name and signature, 

●		 The date of training,

●		 Trainer’s name, 

●		 Evidence of the trainer’s qualification to train, 

●		 Employer’s name, and 

●		 Information to identify which EPA-approved training materials were used for 

the training (i.e., the EPA document number or EPA approval number for the 

materials). 

WPS trainers are not required to provide each person trained with a copy of the

training record. However, they must provide the record if the trained employee 

requests it. Individual training record forms or other methods of maintaining

the required training information may be developed and used to meet this

requirement. 
AGRICULTURAL EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 29 

CHAPTER 2

 

 

Who qualifies to be a WPS trainer? 170.401(c)(4) & 170.501(c)(4) 

The person who conducts worker training must: 

●		 Currently be a certified applicator of restricted-use pesticides (in any category

of certification), or

●		 Currently be designated as a trainer of certified pesticide applicators,

handlers or workers by the EPA or the state, or tribal agency having 

jurisdiction, or

●		 Have completed an EPA-approved pesticide safety train-the-trainer program 

for trainers of workers. 

The person who conducts handler training must: 

●		 Currently be a certified applicator of restricted-use pesticides (in any category

of certification), or

●		 Currently be designated as a trainer of certified pesticide applicators or

handlers by a state, federal, or tribal agency having jurisdiction, or

●		 Have completed an EPA-approved pesticide safety train-the-trainer program 

for trainers of handlers. 

How is training to be conducted? 170.401(c)(1) & 170.501(c)(1) 

Trainers of workers or handlers must: 

●		 Use EPA-approved training materials, 

●		 Present the training orally from written materials or audio visually, 

●		 Present the information in a manner that the trainees can understand, using a

translator if necessary, 

●		 Be present at all times during the training to respond to trainees’ questions, 

and 

●		 Ensure training quality by providing an environment conducive to training that

is reasonably free of distractions. 

WPS trained handlers 

may NOT train workers 

unless they meet one

of the qualifications

for conducting worker

training. 

WPS training materials

produced by EPA will 

bear the official EPA 

logo and have an EPA

publication number. 

WPS training materials

developed by others

and approved by

EPA will bear an EPA 

approval number and

an EPA statement of 

approval for use for

WPS training. 

Anyone who trains

workers must use 

non-technical terms. 

Example: Instead of

referring to a symptom

of heat exhaustion as 

hyperthermia, say that

the body is getting too

hot and you could get

very sick and maybe

die if action is not taken 

immediately. 
30 

CHAPTER 2

Workers and handlers 

must receive 

establishment-specific

information in addition 

to general pesticide

safety training. 

If a worker/handler is

WPS trained at farm A 

and later in the summer 

starts to work for farm 

B (and the agricultural

employer of farm B

obtains the worker’s/

handler’s training 

records), the farm B

agricultural employer

only needs to provide

the worker/handler

with the establishmentspecific information

which requires no

recordkeeping. 

ESTABLISHMENT-SPECIFIC INFORMATION 170.403 and 170.503(b) 

The agricultural employer must provide information specific to their agricultural

establishment to workers and handlers when they first enter the establishment

and before beginning WPS tasks in areas where, within the last 30 days, a

WPS-labeled pesticide product has been applied or a REI for such pesticide has

been in effect. 

The agricultural employer must inform workers and handlers, in a manner they

understand, about the location of the following on the establishment: 

● Pesticide safety information,

● Pesticide application and hazard information, and

● Decontamination supplies. 

Establishment-specific information must be provided even if the worker or

handler has already received the annual pesticide safety training on another

agricultural establishment and verification of such training is provided to

the agricultural employer. Recordkeeping is NOT required for providing this 

information. 

Providing establishment-specific information is not a requirement for commercial

pesticide handler employers. 
AGRICULTURAL EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 31 

CHAPTER 2

EMPLOYER INFORMATION EXCHANGE 

Whenever a handler, including crop advisors, 

of a commercial pesticide handler employer

(CPHE) conducts pesticide handling tasks on

an agricultural establishment, the agricultural

employer must provide the CPHE with specific

information about treated areas on the 

establishment they will be working on. 

Conversely, the CPHE (employer of the for-hire/custom applicators or crop 

advisors) must provide the agricultural employer, as their customer and the 

operator of the agricultural establishment, with certain information about a

pesticide product before applying it on the establishment. 

Information provided to the commercial pesticide handler employer

(CPHE) from an agricultural employer 170.309(k) 

The operator of an agricultural establishment must inform the hired CPHE of the

following: 

●		 The specific location and description of any treated areas on the agricultural

establishment under a REI that the handler may be in (or walk within 1/4 mile

of), and

●		 Any restrictions on entering those areas. 

The CPHE must inform their handler of the information provided by the

agricultural employer. 170.313(h) 

Information provided to an agricultural employer from a commercial 

pesticide handler employer (CPHE) 170.313(i) & (j) 

To allow an agricultural employer to inform workers on the establishment about 

a pesticide application that is, or will be performed, the CPHE must inform the

agricultural employer of the following: 

●		 Specific location and description of the area(s) on the agricultural

establishment that are to be treated with a pesticide,

●		 Date and start and estimated end times of the application,

●		 Pesticide product name, EPA registration number, and active ingredient(s), 

●		 REI for the pesticide product,

●		 Whether the pesticide product labeling requires posting, oral notification or

both, and 

●		 Any other specific requirements on the pesticide product labeling concerning

protection of workers and other persons during or after application. 

This exchange of

information can be 

accomplished through

electronic media, 

telephone or other 

means. 
32 

CHAPTER 2

It is important for

agricultural employers

to make arrangements

with the CPHE on 

how they will receive

the required pesticide

application information

so they can take the 

necessary steps to

protect workers and

other persons on the

establishment during

pesticide applications,

provide notification of

pesticide applications

to workers, and provide

the application and

hazard information at 

the central display site. 

What if the information changes? 

The agricultural employer must be provided with updated information PRIOR to

the application when there are any changes to: 

● The location to be treated, 

● REI, 

● Method of notification, 

● Labeling requirements to protect workers/other persons, or

● The start time if it will be earlier than estimated. 

If the pesticide product information changes or there are other changes to the

date, start and end time, the CPHE must provide the updated information to the

agricultural employer within 2 hours after completing the application. 

Changes to the estimated application end time of less than one hour do not

need to be reported to the agricultural employer. 
AGRICULTURAL EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 33 

CHAPTER 2

RETALIATION AGAINST EMPLOYEES IS PROHIBITED 

The agricultural employer, their supervisors or others cannot intimidate, 

threaten, coerce, discriminate against, prevent, discourage, or fire any worker or

handler from complying or attempting to comply with the WPS. Additionally, the 

agricultural employer cannot retaliate in any manner if any worker or handler: 

●		 Refuses to participate in any activity that the worker or handler reasonably

believes to be in violation of the WPS, 

●		 Has, or is about to report WPS noncompliance to appropriate authorities for

enforcement of WPS provisions, or

●		 Agrees to provide information to the EPA or any duly authorized 

representative of a Federal, State or Tribal government about WPS 

compliance, or assists or participates in any manner in an investigation,

proceeding, or hearing concerning WPS compliance. 

Retaliation is a serious violation of federal law (170.315) 

For example: If the employer or supervisor refuses to provide PPE or tells

an early-entry worker to enter a treated field during the REI without providing

specific information and PPE, and the employee files a complaint to authorities,

the employer may not fire or threaten that person in any manner or allow any acts 

of retaliation by any employee. 

EMPLOYER RESPONSIBILITIES FOR WPS VIOLATIONS 

Penalties for noncompliance 170.317 

Agricultural employers of workers and handlers can be subject to civil and

criminal penalties if they do not comply with the federal WPS including all

revisions to this rule. Failure to comply is a pesticide misuse violation since the

WPS is referenced on applicable pesticide product labeling. Failure to comply

with distinct requirements of the WPS can result in independently assessable

charges, even if the violative acts occurred during one pesticide application. See

Chapter 7: Compliance with the Worker Protection Standard. 

Employer responsibilities for supervisors or labor contractors

assigned to carry out WPS requirements 

The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) includes 

provisions that hold owners and agricultural employers liable for a WPS penalty if

another person employed by or acting for them including labor contractors, farm

managers and/or other supervisors, fails to comply with any WPS requirements.

The term “acting for” includes both employment and contractual relationships. 
34
 

CHAPTER 2
CHAPTER 3 

ADDITIONAL WORKER EMPLOYER 

REQUIREMENTS 

TRAINING AGRICULTURAL WORKERS ....................... 36
 

AGRICULTURAL EMPLOYER REQUIREMENTS DURING PESTICIDE 

APPLICATIONS ........................................... 37
 

AGRICULTURAL EMPLOYER REQUIREMENTS AFTER PESTICIDE 

APPLICATIONS ........................................... 41
 

NOTIFICATION OF ENTRY RESTRICTIONS .................... 42
 

DECONTAMINATION SUPPLIES FOR WORKERS ............... 48
 

EARLY-ENTRY WORKERS .................................. 49
 

Exceptions for Early Entry ............................... 49
 

PPE for Early-entry Workers ............................. 53
 

Decontamination Supplies for Early-entry Workers........... 54
 

Summary of Early-entry Requirements ..................... 55
 

All WPS requirements are effective January 2, 2017 unless

identified for a delayed implementation of January 2, 2018. 

Chapter 2: Requirements for Agricultural Employers of Workers or Handlers 

presented the WPS protections agricultural employers must provide to workers

and handlers. This chapter describes the additional protections that agricultural 

employers are required to provide to their workers. 

35 
36 

CHAPTER 3

TRAINING AGRICULTURAL WORKERS 

Owners of agricultural establishments and their

immediate families are exempt from worker

training requirements of the WPS. See Chapter

6: Exemptions and Exceptions. In addition,

certified crop advisors (acknowledged as

appropriate in writing by the EPA, or a State 

or Tribal agency responsible for pesticide 

enforcement) and currently certified applicators

are exempt from worker and handler training.

Any worker who is trained as a handler does

not need to receive worker training. 

Review key requirements of worker training 170.401 

The annual training requirements for workers and handlers are presented in

Chapter 2: Requirements for Agricultural Employers of Workers or Handlers. The 

following is a review of the key requirements of WPS training for workers: 

●		 There is no grace period for WPS training! Before any worker enters a

treated area on an agricultural establishment where, within the last 30 days,

a WPS-labeled pesticide product has been used or a REI for such pesticide

has been in effect, the agricultural employer must ensure that each worker 

has completed WPS training within the last 12 months, unless the worker is

currently:

о Certified as an applicator of restricted-use pesticides,

о Trained as a WPS handler within the last 12 months, or 

о Certified as a crop advisor by a program acknowledged as appropriate

in writing by EPA, or a State or Tribal agency responsible for pesticide 

enforcement. 170.401(b) 

●		 Train workers every 12 months. 170.401(a) 

●		 Only qualified trainers (described in Chapter 2) may provide training and

must be present during the entire training program to respond to questions.

170.401(c)(1) & (4) 

●		 Provide training in a language or manner the workers can understand, such

as using a translator.170.401(c)(1) 

●		 Present training using EPA-approved materials either orally from written 

materials or audio-visually. 170.401(c)(1) 

●		 Keep training records for 2 years. 170.401(d)(1) 

●		 Provide training records to worker employees upon request. 170.401(d)(2) 

●		 All training requirements are effective January 2, 2017 EXCEPT the 

expanded training content, which is effective six months after EPA announces 

the availability of training materials, but not earlier than January 2, 2018. 

170.401(c)(3) 
ADDITIONAL WORKER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 37 

CHAPTER 3

 

AGRICULTURAL EMPLOYER 

REQUIREMENTS DURING PESTICIDE

APPLICATIONS 170.405 

The WPS includes several provisions to prevent

workers, unprotected handlers and other persons

from pesticide exposure during applications. Some of

these requirements are for agricultural employers and

are described in the following sections of this chapter. 

Chapter 4: Additional Handler Employer Requirements 

covers other requirements specifically for handler employers and/or handlers. 

Entry restrictions for outdoor production - application exclusion

zone (AEZ) 

The “Application Exclusion Zone” or AEZ is a zone or area surrounding pesticide 

application equipment that exists only during outdoor production pesticide

applications. When applications of WPS-labeled pesticide products are in

progress on their establishments, agricultural employers must not allow or direct

any worker or other person, to enter or to remain in the treated area or the AEZ 

that is within the boundaries of the establishment. 170.405(a)(2) 

After the application is complete, the AEZ no longer exists and the treated area is 

subject to the REI specified on the pesticide product labeling and to the relevant

WPS restrictions after applications. 170.405(a)(2) & (3) 

The requirement for the agricultural employer to keep persons out of the AEZ 

only applies within the boundaries of the establishment because the agricultural

employer cannot be expected to control persons off the establishment. There 

is a WPS provision to suspend applications (discussed in Chapter 4: Additional 

Handler Employer Requirements) that does apply beyond the boundaries of the

establishment because the handler (applicator) and handler employer do have

control over the pesticide application. 

Remember: If the pesticide product labeling contains

specific instructions or requirements that conflict with the

requirements of the Worker Protection Standard, follow the 

instructions or requirements on the labeling. 

No one other than 

an appropriately

trained and equipped

handler involved in 

the application may

be in the AEZ during 

an application of

WPS-labeled pesticide

products. 

Basically, the 

AEZ requires that

agricultural employers

keep workers and other

persons a specified

distance away from the

pesticide application

equipment when

pesticide applications

are taking place. 

Effective January 2, 

2017: 

●		 The agricultural

employer must

not allow any

workers or other 

persons in the

AEZ that is within 

the boundaries 

of the agricultural

establishment 

when the 

application is

occurring. 

Effective January 2, 

2018: 

●		 Handlers must 

suspend pesticide

applications if any

person enters or is

in the AEZ. 
38 

CHAPTER 3

Measure the AEZ 

starting from each

dispersion point or

nozzle on the pesticide

application equipment

and extend horizontally

in all directions. 

Situations where no 

AEZ is required include

applications of granular

pesticides, soilincorporated pesticides ●		 NOT applied in a manner that would require a 100 foot AEZ, and 

●		 Sprayed from a height of greater than 12 inches from the planting medium

(soil) using a spray quality of medium or larger (i.e., medium, coarse, very

coarse, extra coarse and ultra-coarse). 

(not fumigants);

pre-plant, at-plant, and

spot-spray pesticide

applications as long as

they are less than 12

inches from the soil and 

use a medium or larger

spray quality. 

Measuring the application exclusion

zone (AEZ) 

Measure the AEZ from the application 

equipment horizontally in all directions. The 

AEZ moves with the application equipment

like a halo around the application

equipment. Once the application is over, 

the AEZ does not exist. 

Size of the application exclusion zone (AEZ) 

The size of the AEZ is determined by the application method and spray quality. 

Spray quality (defined by the American Society of Agricultural and Biological 

Engineers Standard S-572.1) considers several factors including the nozzle

design, system pressure, and speed of the application equipment. The eight 

spray quality categories (referenced in nozzle charts) include: 

●		 Smaller than medium: 

о Extra fine (XF)

о Very fine (VF) 

о Fine (F) 

●		 Medium or larger:

о Medium (M)

о Coarse (C)

о Very coarse (VC) 

о Extra coarse (XC)

о Ultra coarse (UC) 

The AEZ must be a minimum of 100 feet when the pesticide is applied: 

●		 By air (fixed wing or helicopter),

●		 By air blast,

●		 As a spray using a spray quality smaller than medium (i.e., fine, very fine or

extra fine), or

●		 As a fumigant, smoke, mist, or fog. 

The AEZ must be a minimum of 25 feet when the pesticide is: 

No AEZ is required when the pesticide is applied in a manner other than those

covered above (i.e., less than 12 inches from the soil with medium or larger spray

quality). 
ADDITIONAL WORKER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 39 

CHAPTER 3

Entry restrictions - enclosed space production 

Enclosed space production pesticide applications also have precautions and

restrictions during applications of WPS-labeled pesticide products. 

During pesticide applications in enclosed space production areas, the agricultural

employer must not allow or direct any worker or other person, other than an

appropriately trained and equipped handler involved in the application, to enter or

to remain in specific areas for specified times and/or conditions. 170.405(b)(1) 

The following table (Table 1. Entry Restrictions During Enclosed Space 

Production Pesticide Applications) identifies the entry restrictions when applying 

pesticides for enclosed space production to ensure workers and other persons

are not exposed to the pesticide(s) being applied. The restrictions depend on the 

types of pesticides or application methods used. 
40 

CHAPTER 3

Table 1. Entry Restrictions During Enclosed Space Production Pesticide 

Applications (ventilation criteria) 

A. When a pesticide is

applied: 

B. Workers and 

other persons, other

than appropriately

trained and equipped

handlers, are

prohibited in: 

C. Until: D. After the 

expiration of time

specified in column

C, the area subject

to the restrictedentry interval is: 

(1) As a fumigant. Entire enclosed space

plus any adjacent

structure or area that 

cannot be sealed off 

from the treated area. 

*The 

ventilation 

criteria are 

met. 

No post-application

entry restrictions

required after criteria

in column C are met. 

(2) As a smoke, mist, or 

fog, or as a spray using

a spray quality of smaller

than medium. 

Entire enclosed space. *The 

ventilation 

criteria are 

met. 

Entire enclosed 

space. 

(3) Not as in (1) or (2),

and for which a respirator

is required for application

by the pesticide product

labeling. 

Entire enclosed space. *The 

ventilation 

criteria are 

met. 

Treated area. 

(4) Not as in (1), (2) or

(3), and: 

● from a height of

greater than 12

inches from the 

planting medium, or

● as a spray using

a spray quality of

medium or larger. 

Treated area plus 25 

feet in all directions 

of the treated area, 

but not outside the 

enclosed space. 

Application

is complete. 

Treated area. 

(5) Otherwise. Treated area. Application

is complete. 

Treated area. 

Measuring air

exchanges requires

specific equipment. If

you do not have that

equipment, rely on

other options based

on time, mechanical 

ventilation (such as

fans) and/or passive

ventilation. 

* When column C of the Table specifies that ventilation criteria must be met, 

ventilation must continue until the air concentration is measured to be equal to or

less than the inhalation exposure level required by the labeling. If no inhalation

exposure level is listed on the labeling, ventilation is complete when one of the

following conditions is met: 

i.		 Ten air exchanges are completed. 

ii.		 Two hours of ventilation using fans or other mechanical ventilating 

systems.

iii. Four hours of ventilation using vents, windows, or other passive

ventilation. 

iv.		 Eleven hours with no ventilation followed by one hour of mechanical

ventilation. 

v.		 Eleven hours with no ventilation followed by two hours of passive

ventilation. 

vi. Twenty-four hours with no ventilation. 
ADDITIONAL WORKER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 41 

CHAPTER 3

AGRICULTURAL EMPLOYER 

REQUIREMENTS AFTER PESTICIDE 

APPLICATIONS 170.407 &170.309(l) 

After any WPS pesticide application is made on an

agricultural establishment, the agricultural employer

must not allow or direct any worker to enter or to remain

in the treated area during the REI specified on the

pesticide product labeling. 

When two or more pesticides are applied to a treated area at the same time, the

enforceable REI is the longest of all applicable REIs. 

Worker entry restrictions after pesticide application is complete – 

outdoor production 

When an application of a WPS-labeled pesticide product to an area of outdoor

production is complete, the agricultural employer must keep any worker out of

the treated area: 

●		 Until the REI specified on the pesticide product labeling has expired,

●		 All treated area warning signs have been removed or covered, and

●		 The applicable pesticide application information and safety data sheet is

displayed at the central location. 

Worker entry restrictions after pesticide application is complete – 

enclosed space production 170.407(b) 

After the application of a WPS-labeled pesticide prodcut to an area of enclosed

space production, the agricultural employer must keep any worker out of the

area specified in column D of Table 1. Entry Restrictions During Enclosed Space 

Production Pesticide Applications until: 

●		 The REI specified on the pesticide product labeling has expired,

●		 All treated area warning signs have been removed or covered, and

●		 The pesticide application information and safety data sheet is displayed at the

central location. 

The agricultural

employer’s 

responsibilities with

respect to the REI

are limited to keeping

workers – but not 

other persons – out

of the treated area. 

However, there may 

be other factors – such 

as liability or state/

local restrictions – for 

agricultural employers

to want to keep “other

persons” out of treated

areas during the REI. 

Do not allow any

workers to enter a 

treated area until: 

●		 The REI has 

expired, 

●		 All no-entry

warning signs that

have been posted

are removed or 

covered, and 

●		 The application

information and 

hazard information 

is posted. 
42 

CHAPTER 3

Double notification 

can apply to outdoor

production and

enclosed space

production areas. 

NOTIFICATION OF ENTRY RESTRICTIONS 170.409 

To inform workers of where pesticide applications have taken place on an 

agricultural establishment and of the entry restrictions for each situation, the

agricultural employer must notify workers of restrictions to keep workers out of

a treated area for a specified period of time. There are different ways to notify 

workers (oral, posting, and double notification) and different situations when to 

use one method or another. 

When is worker notification of entry restrictions required? 

Double notification 170.409(a)(1)(i) 

Some pesticide products have a labeling statement that requires both the posting

of warning signs to treated areas AND oral notification to workers. This is known 

as double notification. The agricultural employer must notify workers BOTH orally

and by posting when labeling requires double notification. Any pesticide product 

labeling that requires double notification must be followed as it is more stringent

than the WPS notification requirements. 

Post warning signs:

Outdoor production areas – with REIs greater than 48 hours 170.409(a)(1)(ii)
 

If a pesticide is applied to an outdoor production area and the product labeling

requires a REI greater than 48 hours, then workers must be notified of the

application by posting warning signs. 

Enclosed space production areas – REIs greater than 4 hours 170.409(a)(1)(iv) 

If a pesticide is applied to an enclosed space production area and the product

labeling requires a REI greater than 4 hours, then workers must be notified of the

application by posting warning signs. 

Post warning signs or give oral warning to workers:

Outdoor production areas – with REIs equal to or less than 48 hours

170.409(a)(1)(iii) 

If a pesticide is applied to an outdoor production area and the product labeling

requires a REI equal to or less than 48 hours, then workers must be notified of

the application by either posting warning signs or giving them an oral warning. 
ADDITIONAL WORKER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 43 

CHAPTER 3

Enclosed space production areas – REIs equal to or less than 4 hours

170.409(a)(1)(v) 

If a pesticide is applied to an enclosed space production area and the product

labeling requires a REI equal to or less than 4 hours, then workers must be

notified of the application by either posting warning signs or giving them an oral

warning. 

Below is a summary of the posting and notification requirements for pesticide

products with labeling that do not require double notification. 

Table 2. Posting and Notification Requirements for Pesticide Products 

without Double Notification 

Treated Site Restricted-Entry

Interval (REI) 

Post Warning Sign Post Warning Sign 

or Oral Notification 

Outdoor >48 hours X 

Outdoor ≤48 hours X 

Enclosed Space >4 hours X 

Enclosed Space ≤4 hours X 

When is worker notification of entry restrictions not required? 170.409(a)(2) 

Notification of a worker is not required (oral or posted warning signs) if the

agricultural employer can ensure to meet one of the following: 

●		 For Enclosed Space Production: The worker will not enter any part of

the entire enclosed structure or space from the beginning of the application

until the end of any REI.

●		 For Outdoor Production: The worker will not enter, work in, remain in, 

or pass on foot through the treated area or any area within 1/4 mile of

the treated area on the agricultural employer’s establishment, from the 

beginning of the application until the end of any REI.

●		 For Enclosed Space Production or Outdoor Production: The worker 

was involved in the application of the pesticide as a handler, and is fully 

aware of the location of the treated area, timing of the entry restrictions and

restrictions on entering that area. 

Oral notification 170.409(c) 

Oral notification of the entry restrictions of a pesticide application provided to

workers on an agricultural establishment must be in a language or manner that

the workers can understand. 

The oral warning must be given to the worker: 

●		 Before the application begins if a worker will be on the agricultural

establishment at the time of the application.

●		 At the beginning of the worker’s work period if a worker arrives while an 

application is taking place or a REI for a pesticide application is in effect. 
44 

CHAPTER 3

The oral warning must include:
	

All posted signs must

remain visible and 

legible during the time

they are required to be

posted. 

●		 The location(s) and description of any treated area(s) subject to the entry

restrictions either during or after the application,

●		 The dates and times when entry is restricted, and

●		 Instructions not to enter the treated area or an AEZ during an application 

and that entry to the treated area is not allowed until the REI has ended and

all posted warning signs are removed or covered. Early-entry workers are

allowed to enter a treated site under a REI only under specific conditions (see

page 49). 

Posted warning signs 170.409(b)(1) 

Posted warning signs advising workers of entry restrictions into treated areas

must meet all of the criteria regarding the content, size, timing and location of

posted warning signs. 

●		 Worker entry into treated areas is not allowed while the signs are posted – 

even if the REI has expired - unless under special “early-entry” provisions

(see page 49).

●		 If there are several contiguous areas that are treated with pesticides on a

rotating or sequential basis, the entire area may be posted. However, workers 

are prohibited from the entire posted area except for those that meet the

criteria and conditions as early-entry workers. 

When is the warning sign to be posted or taken down? 170.409(b)(1) 

●		 Post warning signs prior to but no earlier than 24 hours before the scheduled

application of the pesticide.

●		 Warning signs are to remain posted throughout the application and any REI. 

●		 Remove or cover warning signs within three days after the end of the REI (or

end of the application if there is no REI). Signs may remain posted only if the

posted area is treated as if it were under a REI by:

о Instructing any workers on the agricultural establishment that may come

within 1/4 mile of the treated area not to enter the treated area, and

о Ensuring workers do not enter the treated area, other than permitted

early-entry activities. 
ADDITIONAL WORKER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 45 

CHAPTER 3

What must be on the warning sign? 170.409(b)(2) 

The warning sign must have: 

●		 A white background, 

●		 The words “DANGER” and “PELIGRO”, 

“PESTICIDES” and “PESTICIDAS” at the top of the

sign,

●		 The words “KEEP OUT” and “NO ENTRE” at the 

bottom of the sign,

●		 All letters clearly legible, and

●		 A circle containing an upraised hand on the left and a stern face on the right 

must be near the center of the sign. The inside of the circle must be red with 

the hand and a large portion of the face must be in white. The length of the 

hand must be at least twice the height of the smallest letters. The length of 

the face must be only slightly smaller than the hand. 

What size should the sign be? 170.409(b)(3) 

The standard sign must be at least 14 inches by 16 inches with letters one inch

high. 

The WPS allows smaller warning signs to be used to provide flexibility in

situations where a smaller sign is more appropriate or practical, such as where

the treated area is too small to accommodate the larger sign. Smaller warning

signs may be used as long as the following conditions are met: 

If the warning sign has 7/8 inch high letters for “DANGER” and “PELIGRO,” then

the sign must have: 

●		 All remaining letters at least 1/2 inch high, and

●		 A red circle that is at least 3 inches in diameter with the upraised hand and 

stern face. 

If the warning sign has 7/16 inch high letters for “DANGER” and “PELIGRO,” then 

the sign must have: 

●		 All remaining letters at least 1/4 inch high, and

●		 A red circle that is at least 1 1/2 inches in diameter with the upraised hand 

and stern face. 

Signs any smaller are not allowed under any circumstances. 

Additional information 

such as the name of 

the pesticide and the

date of application

may be added to the

warning sign if it does

not detract from the 

size and appearance or

change the meaning of

the information. 

The words on the 

warning sign in Spanish

may be replaced with

equivalent terms in

a different language 

(non-English) if that

language is read by the

largest group of workers

at your agricultural

establishment who do 

not read English. No

other changes may be

made to the format of 

the sign. 
46 

CHAPTER 3

 

The revised WPS 

did not change the

specifications for the

warning sign. 

Worker housing area 

is defined as any place

or area of land on or 

near an agricultural

establishment where 

housing or space for

housing is provided for

workers or handlers 

by an agricultural

employer, owner, labor 

contractor, or any other 

person responsible

for the recruitment 

or employment of

agricultural workers. 

Table 3. Warning Sign Requirements 

Minimum Height in Inches 

Overall size 

of sign 

Size of 

Hand 

Red Circle 

Graphic 

Lettering

for Words 

“DANGER” & 

“PELIGRO” 

Lettering

for Other 

Words 

Posting

Locations 

14” x 16” 2” >3” 1” 1” 

Visible from 

points of entry, 

including

access roads, 

border of 

worker housing

within 100 feet, 

footpaths

 7” x 8” 

(approx.)* 1” 3” 7/8” 1⁄2” 

Same as 

standard sign

and every 50

feet around 

perimeter 

4 1/2” x 5”

(approx.)* 1⁄2” 1 1⁄2” 7/16” 1⁄4” 

Same as 

standard sign

and every 25

feet around 

perimeter

*The overall sizes of the smaller signs are not actually specified in the WPS.

These are the approximate sizes of signs needed to accommodate the smaller

sizes of the letters and red circle graphic that are specified. 

Where to post warning signs 170.409(b)(3)(ii) & (iii) 

Standard sign in outdoor production areas

When using the standard sign (14” x 16”), post the signs so they are visible from

all reasonably expected points of worker entry to the treated area. This includes 

at least each access road, each border with any worker housing area within 100

feet of the treated area, and each footpath and other walking routes that enter

the treated area. Where there are no reasonably expected points of worker entry, 

signs must be posted in the corners of the treated area or in any other location

that gives maximum visibility. 
ADDITIONAL WORKER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 47 

CHAPTER 3

Standard sign in enclosed space production areas

When using the standard sign (14” x 16”) and the entire structure or space is

subject to a REI or WPS ventilation criteria, post the signs so they are visible

from all reasonably expected points of worker entry to the structure or space. If

the treated area is a subsection of the structure or space, post the signs so they

are visible from all reasonably expected points of worker entry to treated area

including each aisle or other walking route that enters the treated area. Where

there are no reasonably expected points of worker entry, signs must be posted 

in the corners of the treated area or in any other location that gives maximum

visibility. 

Smaller signs in outdoor and enclosed space production areas

When using smaller signs, post signs in the locations required for the standard

sign and: 

●		 No farther than 50 feet apart around the perimeter of the treated area if the

letters for DANGER and PELIGRO are at least 7/8 inch in height, or

●		 No farther than 25 feet apart around the perimeter of the treated area if the

letters for DANGER and PELIGRO are at least 7/16 inch in height. 
48 

CHAPTER 3

DECONTAMINATION SUPPLIES FOR WORKERS
 

Agricultural employers of workers must make 

sure that decontamination supplies are provided 

to workers who are working in a pesticide-treated

area where, within the last 30 days, a WPS-labeled

pesticide product has been used or a REI for such

pesticide has been in effect, and are doing tasks 

that involve contact with anything that has been

treated with the pesticide, including soil, water, or 

plants. 170.411(a) 

When must decontamination supplies be provided for workers? 

●		 If the REI is greater than 4 hours, provide the decontamination supplies until

30 days after the end of the REI.

●		 If the REI is less than or equal to 4 hours, provide the decontamination

supplies until 7 days after the REI expires. 

What supplies must be provided to workers? 

●		 Water — The agricultural employer must provide at least 1 gallon of water for 

each worker at the beginning of the work period. The water must be a quality 

and temperature that will not cause injury or illness if it contacts skin or eyes,

or is swallowed. If a water source is used for mixing pesticides, it cannot be 

used for decontamination without taking additional precautions to prevent

contamination of the water by pesticides (e.g., back-flow prevention device,

air gap, etc.).

●		 Soap and single use towels — enough for workers’ needs. Hand sanitizers 

or wet towelettes do not meet the requirement for soap or towels. 

Where must decontamination supplies be located? 

All decontamination supplies for workers must be located together and be

reasonably accessible to where the workers are working (generally within 1/4

mile of the workers) and be outside of any treated area or an area under a REI. 

For worker tasks performed more than 1/4 mile from the nearest point reachable

by vehicles (cars, trucks, or tractors) or more than 1/4 mile from a non-treated

area, the decontamination supplies may be at the nearest vehicular access point

outside any treated area or area under a REI. 
ADDITIONAL WORKER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 49 

CHAPTER 3

EARLY-ENTRY WORKERS 170.603 

Early-entry workers must be a minimum

of 18 years old.
 

The agricultural employer may direct workers

to enter treated areas when a REI is in effect 

to perform certain activities (e.g., moving

irrigation equipment, driving a tractor in

the treated area, responding to agricultural

emergencies, performing short-term or limited contact tasks, etc.) provided that

all of the conditions for the specific exception are met. In addition to meeting the

WPS requirements for worker training and being provided the protections of a

worker under the WPS, this section explains what additional conditions must be

met to allow workers to be “early-entry” workers. 

An early-entry worker may only enter a treated area during a REI under the

following limited situations and must meet all applicable conditions for each

“exception.” 

EXCEPTIONS FOR EARLY ENTRY 

Exception for activities with no-contact 170.603(a) 

●		 The early-entry worker must not touch anything treated by the pesticide to

which the REI applies. This means no contact with things like soil, water, air, 

or surfaces of plants. There must be no contact with anything that may have 

pesticide residues on it even if the worker wears PPE.

●		 No early-entry worker is allowed in the treated area under the “no-contact”

exception until any inhalation exposure level listed on the pesticide product

labeling has been reached or any ventilation criteria established by WPS

(Chapter 3, Table 1. Entry Restrictions During Enclosed Space Production 

Pesticide Applications) or on the pesticide product labeling has been met. 

Exception for short-term activities 170.603(b) 

Early-entry workers may enter into a treated area where a REI is in effect for 

short-term activities if all of the following requirements are met: 

●		 No hand labor activity is performed.

●		 The time in treated areas, where a REI is in effect, does not exceed one hour 

in any 24-hour period for any early-entry worker. 

●		 No early-entry worker is allowed in the treated area during the first 4 hours

after the application ends.

●		 No early-entry worker is allowed in the treated area until any inhalation

exposure level listed on the pesticide product labeling has been reached

or any ventilation criteria established by WPS (Chapter 3, Table 1. Entry 

Restrictions During Enclosed Space Production Pesticide Applications) or on 

the pesticide product labeling has been met. 

Employers should make

every effort to schedule 

pesticide applications

and worker tasks in a 

way that will avoid the

necessity of early entry

of workers into treated 

areas. 

Anyone doing crop

advisor tasks during an

REI, such as assessing

pest pressure or the

status of plants, is a

handler under WPS 

and must receive 

the protections for

handlers. See Chapter

4: Handlers and 

Chapter 6: Exemptions

and Exceptions for crop

advisors. 

The definition of hand 

labor does NOT include 

operating, moving or

repairing irrigation or

watering equipment. 
50 

CHAPTER 3

State/Tribal pesticide 

authorities may declare,

through regulation

or policy, conditions 

that constitute an 

agricultural emergency

in your state or area of

Indian country rather

than identifying an

agricultural emergency

on a case-by-case

basis. Check with 

the appropriate

pesticide regulatory

authority to find out

if there are general

conditions or scenarios 

that are considered 

to be agricultural

emergencies that

could apply to

your agricultural

establishment. 

Hand labor means any agricultural activity performed by hand or with any

hand tool that causes a worker to have substantial contact with plants, plant

parts, or soil and other surfaces that may contain pesticide residues, except

that hand labor does not include operating, moving, or repairing irrigation or

watering equipment or performing crop advisor tasks. 

Examples of hand labor tasks include: harvesting, detasseling, thinning,

weeding, topping, planting, girdling, caning, sucker removal, pruning,

disbudding, roguing, and packing product into containers in the field. 

Exception for an agricultural emergency 170.603(c) 

●		 An agricultural emergency is a sudden occurrence or set of circumstances

that the agricultural employer could not have anticipated and could not

have had any control over. This emergency requires entry into a treated 

area during a REI when no alternative practices would prevent or mitigate

a substantial economic loss. A substantial economic loss means a loss in 

profitability greater than would be expected based on the experience and

fluctuations of crop yields in previous years. Only losses caused by the

agricultural emergency specific to the affected site and geographic area are 

considered. Losses from mismanagement are not included when determining

whether a loss is substantial. 

●		 An agricultural emergency must be declared by the state department of

agriculture, or the state or tribal agency responsible for pesticide enforcement

that applies to the treated area. The agricultural employer determines if 

the emergency will result in a substantial economic loss to the agricultural

establishment. 

●		 If the labeling of any pesticide product applied to the treated area affected by 

the emergency requires double notification to workers, no early-entry worker

is allowed to spend more than 4 hours out of any 24-hour period in treated 

areas. 

●		 No early-entry worker is allowed in the treated area during the first 4 hours

after the application ends.

●		 No early-entry worker is allowed in the treated area until any inhalation

exposure level listed on the pesticide product labeling has been reached

or any ventilation criteria established by WPS (Chapter 3, Table 1. Entry 

Restrictions During Enclosed Space Production Pesticide Applications) or on 

the pesticide product labeling has been met. 
ADDITIONAL WORKER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 51 

CHAPTER 3

Exception for limited contact and irrigation activities 170.603(d) 

For early entry into a treated area where a REI is in effect to conduct irrigation 

activities or unforeseen activities that have limited contact with treated materials 

(plants or soil), all of the following requirements must be met: 

●		 No hand labor activity is performed.

●		 The time in treated areas, where a REI is in effect, does not exceed 8 hours 

in any 24-hour period for any early-entry worker. 

●		 No early-entry worker is allowed in the treated area during the first 4 hours

after the application ends.

●		 No early-entry worker is allowed in the treated area until any inhalation

exposure level listed on the pesticide product labeling has been reached

or any ventilation criteria established by WPS (Chapter 3, Table 1. Entry 

Restrictions During Enclosed Space Production Pesticide Applications) or on 

the pesticide product labeling has been met.

●		 The task to be performed must be one that if not performed before the REI

expires, would cause substantial economic loss and there are no alternative

tasks that would prevent the loss.

●		 Except for irrigation tasks, the need for the task could not have been 

foreseen. 

●		 The early-entry worker has no contact with pesticide-treated surfaces other

than minimal contact with feet, lower legs, hands and forearms.

о The labeling of the pesticide product applied does not require double

notification. 

Limited-Contact Tasks 

Tasks where early-entry workers’ only contact with treated surfaces—including 

soil, water, surfaces of plants, crops—is minimal and is limited to their feet, 

lower legs, hands, and forearms. Hand labor tasks are not limited-contact

tasks. 

Examples of limited-contact tasks include operating or repairing weather

monitoring and frost protection equipment; repairing greenhouse heating,

air conditioning, and ventilation equipment; repairing non-application field

equipment; maintaining and moving beehives. Limited-contact activities are

those tasks that are not anticipated. 

Irrigation related activities are generally anticipated and are not included in the

limited-contact definition; however, they have the same requirements for early 

entry. 

Only appropriately

trained and equipped

pesticide handlers may

operate, move, or repair

the parts of chemigation

equipment that may

contain pesticide

residues. Chemigation

equipment is equipment

used to apply pesticides

with irrigation water. 
52 

CHAPTER 3

Agricultural employer responsibilities to protect early-entry workers 

170.605(a) & (b) 

For an agricultural employer to direct a worker to perform activities in a treated

area where a REI is in effect, they must: 

●		 Ensure that any early-entry worker is at least 18 years old. 170.605(a) 

●		 Give instructions to early-entry workers. Prior to early entry, give each 

early-entry worker all of the following information orally and in a manner that

the worker can understand: 170.605(b) 

о Location of early-entry area where work activities are to be performed.

о Pesticide(s) applied.

о Dates and times that the REI begins and ends.

о Which exception is the basis for the early entry, and a description of tasks 

that may be performed under that exception.

о Whether contact with treated surfaces is permitted under the exception.

о Amount of time the worker is allowed to remain in the treated area. 

о PPE required by the pesticide product labeling for early entry. 

о Location of the pesticide safety information (poster).

о Location of the decontamination supplies required for early-entry workers. 

●		 Read the pesticide label. Ensure that each early-entry worker either has

read the applicable 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. 

170.605(c) 
ADDITIONAL WORKER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 53 

CHAPTER 3

PPE FOR EARLY-ENTRY WORKERS 170.605(d) & (e) 

It is the agricultural employer’s responsibility to provide each early-entry worker 

with the PPE specified in the pesticide product labeling for early entry and

ensure that the early-entry worker uses the PPE as intended according to

manufacturer’s instructions and follow any other applicable requirements on the 

pesticide product labeling. 

PPE for early entry must meet the standards required for handlers and be

maintained as such. Chapter 4: Additional Handler Employer Requirements 

describes PPE standards for handlers. 170.507(b)(1)-(9) and 170.507(c) & (d) 

The agricultural employer must: 

●		 Not allow or direct any early-entry worker to wear PPE unless they have

received instruction in the prevention, recognition, and first aid treatment of

heat-related illness. The worker must know and understand how to implement 

measures sufficient to prevent heat-related illness. 170.605(f) 

●		 Provide each early-entry worker with instruction on the proper use and

removal of the PPE, and as appropriate, on its cleaning, maintenance and

disposal.

●		 Not allow or direct any early-entry worker to wear home or to take home

employer-provided PPE contaminated with pesticides. 170.605(g) 

PPE for early-entry

activities is listed on 

the pesticide label

in the “Directions for 

Use” section in the 

“Agricultural Use

Requirements” box. 
54 

CHAPTER 3

Hand sanitizers or wet 

towelettes do not meet 

the requirement for

soap or towels. 

Decontamination and 

emergency eye flush

water must, at all times 

when it is available to 

workers, be of a quality

and temperature that

will not cause illness or 

injury when it contacts

the skin or eyes or if it

is swallowed. 

DECONTAMINATION SUPPLIES FOR 

EARLY-ENTRY WORKERS 170.509 and 

170.605(h)-(j) 

During any early-entry activity, the agricultural 

employer must provide all of the following

decontamination supplies: 

●		 At least three gallons of water per early-entry worker at the beginning of

each early-entry work period for routine washing and potential emergency

decontamination, 

●		 Soap,

●		 Single-use towels, and

●		 Clean change of clothing, such as coveralls, for use in an emergency. 

Additionally, when applying a pesticide that requires protective eyewear, 1 pint 

of water must be immediately available to each handler (applicator) in a portable

container (on the applicator’s person or in the application equipment being used). 

Where should the decontamination supplies for early-entry workers

be located? 170.605(h) 

Decontamination supplies for early-entry workers: 

●		 Must not be in an area being treated with pesticides.

●		 Must not be in an area under a REI, unless that location is necessary for the

supplies to be reasonably accessible to early-entry workers.

●		 Must be reasonably accessible to and generally not more than 1/4 mile from

early-entry workers.

●		 May be located at the nearest vehicular access point if tasks being performed

are more than 1/4 mile from the nearest point reachable by vehicle (car, truck, 

or tractor). 

Decontamination at the end of early-entry period 170.605(j) 

Provide at the site where the early-entry workers remove their PPE: 

●		 Soap,

●		 Single-use towels, and

●		 At least three gallons of water per early-entry worker so that the worker may

wash thoroughly after removing PPE. 
ADDITIONAL WORKER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 55 

CHAPTER 3

TABLE 4. SUMMARY OF EARLY-ENTRY REQUIREMENTS 170.603 and 170.605

Type of Early Entry Exception

WPS Provision or Requirement No Contact Short-Term Limited Contact (unforeseen event) Irrigation Agricultural EmergencyEnter during application? No No No No No Enter before inhalation exposure level orWPS ventilation criteria are met? 

Yes No No No No 

Enter during first 4 hours after application iscomplete? 

Yes No No No No 

Conditions on anticipating the need for early entry? 

No No Yes. The need for the task 

could NOT have been anticipated. 

No Yes. Must be agricultural 

emergency* 

Conditions on economic necessity No No Only to prevent substantial

economic loss 

No Only to prevent

substantial economicloss 

Hours of entry permitted per day? No limit 1 hour 8 hours 8 hours No limit except if

pesticide applied hasdouble notificationrequirement, then 4hours. 

Hand labor tasks permitted? Yes** No No No Yes 

WPS Worker Training required? Yes Yes Yes Yes Yes 

Central Posting information provided? Yes Yes Yes Yes Yes Emergency assistance provided? Yes Yes Yes Yes Yes Information on pesticides applied? Yes Yes Yes Yes Yes Instructed on PPE required. PPE provided,used, cleaned, and maintained properly? 

Yes Yes Yes Yes Yes 

Labeling information and statements relatedto human hazards or precautions, first aid,and user safety provided? 

Yes Yes Yes Yes Yes 

Early entry decontamination suppliesprovided? 

Yes Yes Yes Yes Yes

Workers cannotenter atreated areaduring anapplication;this is neverallowed.

*An agricultural emergency means a sudden occurrence or set of circumstances the agricultural employer could not have anticipated and over which theagricultural employer has no control, that requires entry into a treated area during a REI, and when no alternative practices would prevent or mitigate asubstantial economic loss.**Hand labor is only allowed if the hand labor will not result in any contact with any pesticide treated surfaces. For example, if the pesticide is incorporatedinto the soil during the application (and is not a fumigant) or if it is a soil-drench application in a nursery or enclosed space production, it may be possible to dohand labor and not contact any pesticide treated surfaces. 
56
 

CHAPTER 3
CHAPTER 4
 

ADDITIONAL HANDLER EMPLOYER 

REQUIREMENTS 

TRAINING PESTICIDE HANDLERS ........................... 58
 

INFORMATION THAT MUST BE PROVIDED TO HANDLERS ....... 59
 

REQUIREMENTS FOR HANDLERS AND HANDLER EMPLOYERS 

DURING PESTICIDE APPLICATIONS.......................... 60
 

PERSONAL PROTECTIVE EQUIPMENT (PPE) FOR HANDLERS ... 62
 

PPE terminology ....................................... 62
 

Use, cleaning and maintenance of PPE..................... 64
 

Heat-related illness ..................................... 65
 

Exceptions to PPE required by pesticide product labeling .... 65
 

Respirators – requirements & recordkeeping................ 68
 

DECONTAMINATION SUPPLIES FOR HANDLERS ............... 74
 

All WPS requirements are effective January 2, 2017 unless

identified for a delayed implementation of January 2, 2018. 

Chapter 2: Requirements for Agricultural Employers of Workers or Handlers 

presented the WPS protections agricultural employers must provide to workers

and handlers. This chapter describes the additional protections that agricultural 

employers are required to provide to their handlers. 

The requirements in this section are for handler employers. As an agricultural 

employer, you are a handler employer when you employ handlers directly or 

through labor contractors. 

Handlers must be a minimum of 

18 years old. 

57 
58 

CHAPTER 4

You are not a handler 

employer if you hire a

commercial pesticide

handler or use a 

commercial pesticide

handling establishment

to apply pesticides

on your agricultural

establishment and none 

of your employees

conduct any handling

tasks. 

TRAINING PESTICIDE HANDLERS 

Owners of agricultural establishments and their

immediate families are exempt from handler

training requirements of the WPS. See Chapter

6: Exemptions and Exceptions. In addition,

certified crop advisors (acknowledged as

appropriate in writing by the EPA, or a State 

or Tribal agency responsible for pesticide 

enforcement) and currently certified pesticide

applicators are exempt from WPS worker and

handler training requirements. 

Review key requirements of handler training 170.501 

The annual training requirements for handlers and workers are presented in

Chapter 2: Requirements for Agricultural Employers of Workers or Handlers. The 

following is a review of the key requirements of WPS training for handlers: 

●		 There is no grace period for WPS training!

●		 Before any handler performs any handler task, the handler employer must

ensure that each handler has completed WPS training within the last 12

months, unless the handler is currently:

о Certified as an applicator of restricted-use pesticides, or

о Certified or licensed as a crop advisor by a program acknowledged as

appropriate in writing by EPA or the State or Tribal agency responsible for 

pesticide enforcement. 170.501(b) 

●		 Train handlers every 12 months. 170.501(a) 

●		 Only qualified trainers (described in Chapter 2) may provide training and

must be present during the entire training program to respond to questions.

170.501(c)(1) & (4) 

●		 Provide training in a language or manner the handlers can understand, such

as using a translator.170.501(c)(1) 

●		 Present training using EPA-approved materials either orally from written 

materials or audio-visually. 170.501(c)(1) 

●		 Keep training records for 2 years. 170.501(d)(1) 

●		 Provide training records to handler employees upon request. 170.501(d)(2) 

●		 All training requirements are effective January 2, 2017 EXCEPT the 

expanded training content which is effective six months after EPA announces 

the availability of training materials but not earlier than January 2, 2018. 

170.501(c)(3) 
ADDITIONAL HANDLER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 59 

CHAPTER 4

INFORMATION THAT MUST BE PROVIDED TO HANDLERS 

In addition to providing the WPS handler training and protections covered in

Chapter 2: Requirements for Agricultural Employers of Workers or Handlers, the 

handler employer must also provide handlers with the information below, in a 

manner they can understand, before they perform any handler activity. 

Labeling information 170.503(a)(1) & (2) 

The handler must either read, or be 

informed of, all sections of the pesticide

product labeling applicable to the safe

use of the pesticide, including label use

directions and restrictions. The handler 

must be given this information in a

manner they can understand. The labeling 

must be available to the handler at all times 

during handler activities. 

Application-specific information 170.503(a)(3) 

Handlers must be made aware of any entry restrictions, AEZs and REIs that may 

apply to the activities being performed by the handler. 

Pesticide application equipment 170.309(i) & (j) 

A handler employer must ensure that: 

●		 Handlers are instructed in the safe operation of equipment used to mix, load,

transfer, or apply pesticides before they use the equipment. 170.309(i) 

●		 Each day before using any equipment to mix, load, transfer or apply

pesticides, the equipment is inspected for leaks, clogged nozzles, worn or

damaged parts and equipment is repaired or replaced before it is used.

170.309(j) 

To explain a WPS 

concept “in a manner

handlers can 

understand” means the 

information may need

to be read, or written 

in a different language, 

provided with a handson demonstration to 

“show” the topics, use

graphics, allow time for

questions and answers,

or whatever mechanism 

is successful in 

communicating with

employees. 

Option: Handlers may

be allowed to read the 

labeling themselves, if

they are able to read

and understand it 

thoroughly. 

In addition to providing

handlers with the 

general pesticide safety

training, an agricultural

employer must give

handlers establishmentspecific information

described in Chapter

2: Requirements for

Agricultural Employers

of Workers or Handlers. 

170.503(b) 
60 

CHAPTER 4

Owners and their 

immediate family

members acting as

handlers must comply

with these requirements

when applying

pesticides on their

establishment. 

The “do not contact” 

requirement is not

limited by distance

or the boundaries of 

the establishment, so 

it applies to workers

and other persons

whether they are on

or off the agricultural 

establishment and 

regardless of how far

away they are from the

application. 

REQUIREMENTS FOR HANDLERS

AND HANDLER EMPLOYERS DURING 

PESTICIDE APPLICATIONS 

Agricultural employers must comply with certain

requirements during pesticide applications to protect

workers and other persons, such as bystanders. This 

section describes other WPS requirements during

pesticide applications that directly affect handlers 

and handler employers. Agricultural employers who 

employ handlers (i.e., handler employers) and handlers themselves must comply

with these requirements. 

Do not let pesticides contact workers or any persons 170.505(a) 

The handler employer and the handler must ensure that no pesticide is applied

so as to contact, directly or through drift, any worker or other person, other than

an appropriately trained and equipped handler involved in the application. This is 

a requirement for both handlers and handler employers and it is also a labeling

requirement the pesticide applicator must comply with. 170.505(a) 

Suspend pesticide applications 170.505(b) 

The application exclusion zone (AEZ) is described in Chapter 3 in terms of the

agricultural employer’s responsibilities to keep workers and others out of the 

treated area and AEZ during pesticide applications. 

Effective January 2, 2018, there is a different AEZ requirement that applies to 

pesticide handlers making pesticide applications. Specifically, the handler making 

a pesticide application must temporarily suspend the application if any worker

or other person (other than an appropriately trained and equipped handler

involved with the application) is in the: 

●		 AEZ for outdoor production applications, or

●		 Area required to be free of workers or others during enclosed space

production applications. 
ADDITIONAL HANDLER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 61 

CHAPTER 4

The handler requirement to suspend the application applies if a worker or

other person is in any portion of the AEZ. In this situation, the applicator must 

temporarily suspend the application and may not proceed until the applicator

can ensure that the pesticide will not contact any persons that are in the AEZ, 

including areas that extend beyond the boundary of the establishment. 

An agricultural employer may not allow a pesticide to be applied, or a suspended

application to be resumed, while any worker or other person on the establishment 

is in the treated area or within the AEZ. 

Monitor handlers using highly toxic

pesticides 170.505(c) 

If a pesticide product that has the skull-andcrossbones symbol on the front panel of the

pesticide product label is being used, a handler

employer must ensure that the handler is

monitored visually or by voice communication

at least every 2 hours. 

Communicate continuously with handlers using fumigants in

enclosed spaces 170.505(d) 

When a handler is using a fumigant pesticide product in

an enclosed space production area, a handler employer

must ensure that the handler maintains continuous 

visual or voice contact with another handler stationed 

immediately outside of the enclosed space. The 

handler stationed outside of the enclosed space must

have immediate access to and be able to use the PPE 

required by the fumigant product labeling for applicators

in case there is a need to assist or rescue the handler 

making the application. 

Remember: If the pesticide product labeling contains

specific instructions or requirements that conflict with the

requirements of the Worker Protection Standard, follow the 

instructions or requirements on the labeling. 

Effective January 2, 

2017, agricultural

employers must keep

workers and other 

persons out of the AEZ. 

Fumigant – Any 

pesticide product that

is a vapor or gas, or

forms a vapor or gas on

application, and whose

method of pesticidal

action is through the 

gaseous state. 

Fumigants will most

likely have label

restrictions that are 

more restrictive than 

WPS including the

label-required Fumigant

Management Plan. 
62 

CHAPTER 4

On the pesticide

product labeling, PPE

for handling activities is

listed in the “Hazards to 

Humans” section. 

Shoes or boots must 

be labeled “chemicalresistant.” Sandals 

and cloth or leather 

shoes or boots are NOT 

chemical resistant. 

Very few pesticides 

require handlers to

wear chemical-resistant 

suits because of the 

high potential for heat 

stress. 

PERSONAL PROTECTIVE EQUIPMENT (PPE) FOR 

HANDLERS 

Handler employer and handler responsibilities 170.507(a) & (b) 

Handler employers must provide the PPE that is required by the pesticide

product labeling for the handler to use. The PPE provided must be clean and in 

proper working condition. For the purposes of WPS, long-sleeved shirts, shortsleeved shirts, long pants, short pants, shoes and socks are considered standard

attire and do not have to be provided by the handler employer even though such

work clothes may be required by a pesticide product labeling as PPE. 

Handlers are individually responsible for following the pesticide labeling

directions and wearing the clothing and PPE required by the pesticide product

labeling. The “use” of any pesticide product must be consistent with the label 

directions or it is a violation of federal law. 

PPE terminology 170.507(b) 

For clarification, the following terms are interpreted as to their meaning for PPE

when required by pesticide product labeling: 

“Chemical-resistant PPE” must be made of material that allows no measurable 

movement of the pesticide being used through the material during use. 

“Chemical-resistant apron” must be a chemical-resistant apron that covers the

front of the body from mid-chest to the knees. 

“Chemical-resistant footwear” means one of the following types of footwear

must be worn: 

● Chemical-resistant shoes. 

● Chemical-resistant boots. 

● Chemical-resistant shoe coverings worn over shoes or boots. 

“Chemical-resistant headgear” must be either a chemical-resistant hood or a 

chemical-resistant hat with a wide brim. 

“Chemical-resistant suit” must be a loose-fitting, one- or two-piece chemicalresistant garment that covers, at a minimum, the entire body except head, hands,

and feet. 
ADDITIONAL HANDLER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 63 

CHAPTER 4

“Coveralls” must be loose-fitting, one- or two-piece garments that cover, at a 

minimum, the entire body except head, hands, and feet. 

●		 When the pesticide label requires coveralls to be worn, it means cloth 

garments as described above. They are not required to be chemical-resistant

If full body chemical-resistant protection is required, the label will specify that

a handler must wear a chemical-resistant suit instead of coveralls. 

“Gloves” must be the type specified on the pesticide product labeling. 

●		 Gloves made of leather, cotton, or other absorbent materials may not be worn 

while performing handler activities unless gloves made of these materials are

listed as acceptable for such use on the pesticide product labeling.

●		 Separable glove liners may be worn beneath chemical-resistant gloves,

unless the pesticide product labeling specifically prohibits their use.

Separable glove liners are defined as separate glove-like hand coverings,

made of lightweight material, with or without fingers. Work gloves made from 

lightweight cotton or poly-type material are considered to be glove liners if

worn beneath chemical-resistant gloves. Separable glove liners may not

extend outside the chemical-resistant gloves under which they are worn.

Chemical-resistant gloves with non-separable absorbent lining materials are

prohibited.

●		 If used, separable glove liners must be discarded immediately after a total

of no more than 10 hours of use or within 24 hours of when first put on,

whichever comes first. The liners must be replaced immediately if directly 

contacted by pesticide. Used glove liners must not be reused. Contaminated

liners must be disposed of in accordance with any Federal, State, or local

regulations. 

“Protective eyewear” means one of the following types of eyewear: 

●		 Goggles,

●		 Face shield, 

●		 Safety glasses with front, brow, and temple protection, or 

●		 Full-face respirator. 

“Waterproof” must be made of material that allows no measurable movement of 

water or aqueous solutions through the material during use. 
64 

CHAPTER 4

Use, cleaning and maintenance of PPE 170.507(c) & (d) 

To provide protections to handlers in the use, cleaning and maintenance of PPE, 

the handler employer must ensure that: 

Any person handling

contaminated PPE 

must use the most 

protective gloves

identified on any of

the products which

contaminated the PPE. 

●		 PPE is used correctly for its intended purpose and is used according to the

manufacturer’s instructions. 

●		 All PPE is inspected for leaks, holes, tears, or worn places before each day of

use. Any damaged equipment must be repaired or discarded. 

●		 All PPE is cleaned according to the manufacturer’s instructions or pesticide 

product labeling instructions before each day of reuse. In the absence of

any such instructions, PPE must be washed thoroughly in detergent and hot 

water. 

●		 All washed PPE is dried thoroughly before being stored or reused.

●		 All clean PPE is stored separately from personal clothing and apart from

pesticide-contaminated areas.

●		 Contaminated PPE is made unusable as clothing or unavailable for any use

by anyone, if the PPE cannot or will not be cleaned properly. 

●		 Any coveralls or other absorbent materials that have been drenched or

heavily contaminated with a pesticide that has the signal word “DANGER”

or “WARNING” on the pesticide label are not reused and are disposed of in 

accordance with any applicable laws or regulations.

●		 Any person who handles contaminated PPE must wear the gloves specified

on the pesticide product labeling for mixing and loading the product(s) of the

contaminant(s).

●		 Contaminated PPE is kept separately from non-contaminated PPE, other

clothing or laundry, and washed separately from any other clothing or laundry. 

●		 Any person who cleans or launders PPE is informed of all the following:

о That such equipment may be contaminated with pesticides and there are

potentially harmful effects from exposure to pesticides. 

о The correct way(s) to clean PPE and how to protect themselves when

handling such equipment.

о	 Proper decontamination procedures that should be followed after handling 

contaminated PPE. 

●		 Handlers have a place(s) away from pesticide storage and pesticide use

areas where they may:

о Store personal clothing not worn during handling activities.

о Put on PPE at the start of any exposure period.

о Remove PPE at the end of any exposure period.

●		 Handlers are not allowed or directed to wear home or to take home employerprovided PPE contaminated with pesticides. 
ADDITIONAL HANDLER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 65 

CHAPTER 4

Heat-related illness 170.507(e) 

When a WPS-labeled pesticide product requires the use of PPE for a handler

activity, appropriate measures must be taken to prevent heat-related illness. This 

may include knowing the heat and humidity work conditions, altering time of work

hours to avoid or limit working in the hottest/most humid situations, providing

adequate water breaks and cool-down periods, allowing removal of PPE when

not required, etc. 

Exceptions to PPE required by pesticide product labeling 

PPE exception allowed for body protection 170.607(a)-(c) 

●		 A chemical-resistant suit may be substituted for coveralls. If a chemicalresistant suit is substituted for coveralls, any labeling requirement for an

additional layer of clothing beneath the coveralls is waived.

●		 A chemical-resistant suit may be substituted for a chemical-resistant apron. 

Boots. If chemical-resistant footwear with sufficient durability and a tread

appropriate for wear in rough terrain is not obtainable, then leather boots may be

worn on such terrain. 

Gloves. If chemical-resistant gloves with sufficient durability and suppleness are

not obtainable, then during activities with plants with sharp thorns, leather gloves

may be worn over chemical-resistant glove liners. However, once leather gloves 

are worn for this use, thereafter they must be worn only with chemical-resistant

liners and they must not be worn for any other use. 

Visit OSHA’s web site 

for useful information 

about occupational

heat exposure and how

to avoid heat stress: 

https://www.osha.gov/

SLTC/heatstress/ 
66 

CHAPTER 4

PPE exception allowed when using closed systems 170.607(d) 

When a closed system is used to transfer pesticide products, both of the

following conditions must be met in order to use PPE that is different from the 

PPE required by the pesticide product labeling for a closed system: 

1.		 The closed system must be able to remove the pesticide from its original

container and transfer the pesticide product through connecting hoses, pipes

and couplings that are sufficiently tight to prevent exposure of handlers

to the pesticide product, except for the negligible escape associated with

normal operation of the system; or when loading intact, sealed, water soluble

packaging into a mixing tank or system, and 

2.		 All of the requirements for an agricultural employer or commercial pesticide

handler employer must be met, and

●		 Each closed system must have written operating instructions that are

clearly legible and include:

о Operating procedures for use, including the safe removal of a probe,

о Maintenance, cleaning and repair, 

о Known restrictions or limitations relating to the system, such as

incompatible pesticides or sizes/types of containers or closures that

cannot be handled by the system,

о Any limits on the ability to measure a pesticide, and

о Special procedures or limitations regarding partially-filled containers.

●		 The written operating instructions for the closed system must be available

at the mixing or loading site and must be made available to any handlers

who use the system.

●		 Any handler operating the closed system must be trained in its use

and operate the closed system in accordance with its written operating

instructions. 

●		 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. 

●		 All PPE specified in the pesticide product labeling is immediately available 

to the handler for use in an emergency. 

●		 Protective eyewear must be worn when using closed systems operating

under pressure. 

If the conditions of (1) and (2) are met, the following exceptions to labelingspecified PPE are permitted: 

●		 Handlers using a closed system to mix or load pesticides with a signal word

of “DANGER” or “WARNING” may substitute the following, instead of the PPE 

specified on the pesticide product label:

о Long-sleeved shirt,

о Long pants,

о Shoes and socks, 

о Chemical-resistant apron,

о Protective eyewear, and 

о Protective gloves specified on the labeling for handlers for the labelingspecified PPE. 
ADDITIONAL HANDLER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 67 

CHAPTER 4

●		 Handlers using a closed system to mix or load pesticides other than those

with a signal word of “DANGER” or “WARNING” may substitute the following, 

instead of the PPE specified on the pesticide product label:

о Protective eyewear, 

о Long sleeved shirt,

о Long pants, and

о Shoes and socks. 

PPE exception allowed for enclosed cabs 170.607(e) 

If a handler applies a pesticide from inside a vehicle’s enclosed cab and all of 

the PPE required by the pesticide product labeling for applicators is immediately

available and stored in a sealed container to prevent contamination, handlers

may substitute a long-sleeved shirt, long pants, shoes and socks for the labelingspecified PPE for skin and eye protection. 

●		 If a particulate filtering respirator (NIOSH approval number prefix TC-84A) 

(including a particulate filtering facepiece respirator, which used to be called a 

dust/mist or particulate filtering respirator) is required by the pesticide product

labeling for applicators, the applicator does not have to wear that respirator

inside the enclosed cab if the enclosed cab has a properly functioning air

ventilation system which is used and maintained in accordance with the

manufacturer’s written operating instructions. 

●		 If any other type of respirator is required by the pesticide labeling for

applicators, then that respirator must be worn inside the enclosed cab. See

Respirator section on the next page. 

Handlers must wear the applicator PPE required by the pesticide product labeling

if they exit the cab within a treated area during an application or when a REI is in

effect. Once PPE is worn in a treated area, it must be removed before reentering 

the cab to prevent contamination of the cab. 

PPE exception allowed for aerial applications 170.607(e) & (f) 

Wearing chemical-resistant gloves when entering or leaving an aircraft used to 

apply pesticides is optional, unless such gloves are required on the pesticide

product labeling. If gloves are brought into the cockpit of an aircraft that has been

used to apply pesticides, the gloves must be kept in an enclosed container to

prevent contamination of the inside of the cockpit. 

Handlers applying pesticides from an open cockpit aircraft must use the PPE

specified in the pesticide product labeling for use during an application, except

that chemical-resistant footwear need not be worn. A helmet may be substituted 

for chemical-resistant headgear. A helmet with a face shield lowered to cover the 

face may be substituted for protective eyewear. 

Persons occupying an enclosed cockpit may substitute a long sleeved shirt, long

pants, shoes, and socks for labeling-specified PPE. 

An enclosed cab is 

defined as a cab with a 

nonporous barrier that

totally surrounds the

occupant(s) of the cab

and prevents dermal

contact with pesticides

that are being applied

outside of the cab. 

Although a dust/mist

filtering respirator is an

outdated designation,

some pesticide product

labels still refer to this 

type of respirator and

are included in the 

exception allowed for

enclosed cabs. 

A carbon filter is not 

a requirement for the

enclosed cab to qualify

for the exemption; only

a properly functioning

air ventilation system.

Any ventilation system

with a standard air 

filter is acceptable.

No special filter

requirements must be 

met. 

Under the enclosed 

cockpit exception,

respirators and gloves

are not required to

be worn in enclosed 

cockpits. 
68 

CHAPTER 4

The goal of the

respirator requirements

is to ensure the 

handler: 

●		 Is physically

capable of wearing

a respirator, 

●		 Receives the 

intended protection

by having the

respirator fit

properly, and 

●		 Knows how to 

use the respirator

correctly. 

Respirators – requirements & recordkeeping 170.507(b)(10) 

The WPS adopted certain Occupational Safety and Health

Administration (OSHA) provisions that require handler

employers to provide medical evaluations, fit testing,

and training to handlers when using pesticide products

that require use of a respirator. This includes particulate 

filtering facepiece respirators (formerly known as dust/mist

respirators). These requirements ensure that handlers who 

are using pesticides that require use of a respirator are

provided with a comparable level of protection to OSHA’s 

respiratory protection requirements. Self-contained breathing

apparatus (SCBA)* 

Half-mask air-purifying

respirator* 

Filtering facepiece*	 Full-facepiece air-purifying

respirator* 

Whenever a respirator is required to be worn by the pesticide product labeling,

the correct respirator specified by the label must be used. Prior to using a

respirator, the handler employer must provide the handler with the following: 

●		 Medical evaluation, 

●		 Annual fit testing, and

●		 Annual respirator training. 

The handler employer must keep records of the medical determinations (proof of

medical evaluations), fit testing and respirator training for 2 years from the date

conducted. 

A respirator is intended for use by one person only.

Respirators should not be shared by multiple individuals.
 

*Graphics from the OSHA Small Entity Compliance Guide for the Respiratory Protection Standard: 

https://www.osha.gov/Publications/3384small-entity-for-respiratory-protection-standard-rev.pdf 
ADDITIONAL HANDLER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 69 

CHAPTER 4

Medical evaluation 40 CFR 170.507(b)(10)(iii) & 29 CFR 1910.134 

Using a respirator may place a physiological burden on handlers that could

cause injury if the wearer has certain health problems or medical conditions. This 

burden varies with the type of respirator worn, the job and conditions in which the

respirator is used, and the medical status of the handler. 

A medical evaluation must be conducted to determine whether the handler is 

physically able to use a respirator before the handler is fit tested or required to

use the respirator. 

The handler employer must identify a physician or other licensed health-care

professional (PLHCP) to perform the confidential medical evaluation using a

medical questionnaire or exam. The medical evaluation must be done at no 

cost to the employee. The questionnaire may be provided by the PLHCP and 

must be based on OSHA’s Part A of Appendix C to 1910.134. The questionnaire 

is also available in Spanish. See Appendix D: Contacts and Additional 

Resources. 

Prior to providing the questionnaire to the handler, the handler employer must 

complete the following information for the PLHCP: 

● The type and weight of respirator that the handler will use.

● How long and how frequently the handler will use the respirator. 

● How much physical work the handler will do while using the respirator. 

● Other PPE the handler will use. 

● The temperature and humidity extremes of the working environment. 

Handlers must complete a confidential medical questionnaire during

normal working hours or at a time and place convenient to the handler.

The handler must understand the questions on the medical questionnaire.

The handler employer must provide a telephone number for the PLHCP to 

the employee in case they have questions. The handler’s responses to the 

medical questionnaire must not be reviewed by the handler employer and

must be provided directly to the PLHCP. 

The PLHCP’s final medical determination must be based on information covered 

by the questionnaire. This information can be obtained by evaluating written 

responses or by conducting a medical examination that covers all the areas

included in the questionnaire. The handler must be given an opportunity to 

discuss the questionnaire and/or examination results with the PLHCP. 

A PLHCP may include any medical tests, consultations, or diagnostic procedures 

that the PLHCP deems necessary to make a final determination. 

The handler employer is responsible for any costs associated with these

additional medical assessments. However, the employer has the option of 

not allowing the handler to undergo further evaluation. If that is the case, the

employer cannot allow that handler to participate in any handler activities that

require the use of a respirator. 

The requirement for

a medical evaluation 

applies to all

respirators, regardless

of the type, level of

protection, or whether

it is tight-fitting or

loose-fitting. 

The handler is to 

either deliver the 

questionnaire directly to

the PLHCP or seal it in 

an envelope and mail it

directly to the PLHCP. 

There are online 

services that conduct 

respirator medical

evaluations. Be sure 

to select one that is 

qualified to operate in 

your state. 
70 

CHAPTER 4

A medical evaluation is required one time unless another medical evaluation 

is required for any of the following reasons: 

●		 The medical determination (medical release) is only good for a specified

length of time (often 1, 2 or 3 years).

●		 The employee reports medical signs or symptoms related to respirator use.

●		 The PLHCP, a supervisor, or the program administrator recommends a 

re-evaluation. 

●		 Fit-test or other program information indicates a need for re-evaluation.

●		 When changes in the workplace increase respiratory stress on an employee.

●		 The initial medical examination demonstrates the need for a follow-up

medical examination. 

The follow-up medical examination shall include any medical tests, consultations,

or diagnostic procedures that the PLHCP deems necessary to make a final 

determination. 

Documentation 

The PLHCP will send the handler employer and the handler a written medical 

determination (medical release) of the medical evaluation results. A handler 

cannot use a respirator until this written medical determination is received

allowing such use. The determination will include the following information: 

●		 Whether the employee is medically able to use a respirator. 

●		 Any restrictions on the employee’s use of the respirator. 

●		 The need for follow-up medical evaluations .

●		 Verification that the PLHCP has given the employee a copy of the written 

medical determination. 

Recordkeeping

Maintain a copy of the written medical determination (medical release) for at least

2 years, or until a subsequent medical evaluation is conducted. 

All other information regarding the medical evaluation is strictly

confidential and is restricted to only the employee and the PLHCP. 
ADDITIONAL HANDLER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 71 

CHAPTER 4

Annual fit testing 40 CFR 170.507(b)(10)(i) & 29 CFR 1910.134(f) 

The purpose of a fit test is to ensure that the respirator forms an adequate seal

with a handler’s face so the respirator provides the intended inhalation exposure 

protection. 

Handlers must be fit tested for each type of respirator specified by the pesticide

product labeling which they will be using before using the respirator and every 12

months after that. The fit test must be conducted using the exact make, model, 

style and size of respirator that the handler uses. If any of that changes, the

handler must be fit tested with the new respirator. 

Fit testing must follow OSHA protocols. With respirators, one size does not fit all. 

Two fit-test methods are available to determine the correct fit for most tight-fitting 

facepieces. 

●		 Qualitative fit test (QLFT). This inexpensive, easy-to-perform test relies on the 

respirator user’s response to a test agent such as banana oil, saccharin, or 

irritant smoke. If the user detects the agent while wearing the respirator, the 

facepiece-to-face seal is not successful and the test fails. A user who cannot 

successfully complete the test must be tested with another face piece, make,

size, or brand. 

о This method does not require specialized equipment or a trained person

to conduct the test however, the person administering this test must be 

able to prepare test solutions, calibrate equipment, perform test properly, 

recognize invalid tests and ensure test equipment is in proper working

order. 

●		 Quantitative fit test (QNFT). An instrument samples the concentration of a 

test agent in the ambient atmosphere and inside the user’s facepiece. With 

this information a quantitative fit factor can be calculated that indicates how

well the facepiece fits the user; the higher the number the better the fit. This 

method is more accurate than a qualitative test but also more expensive. The 

QNFT requires special equipment, and a trained person must conduct the 

test. 

Fit testing must be conducted annually and whenever there is a change in

the respirator facepiece make, model, style, or size, or if the handler has a

physiological change that affects the seal between the respirator’s facepiece 

and the user’s face. OSHA’s protocols to ensure fit tests are done properly 

(Appendix A of 29 CFR 1910.134) are to be followed. These protocols may 

be found at: https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_

table=STANDARDS&p_id=9780. 

The requirement for

fit testing applies to

the use of tight-fitting

respirators and does

not apply to the use of

loose-fitting respirators. 

Particulate filtering

facepiece respirators

are required to be fit

tested. Particulate 

filtering facepiece

respirators must

be equipped with a

sealable surface to 

enable the respirator to

be fit tested. 

As an example, if

a handler uses a 

particulate filtering

facepiece respirator

when using one

pesticide and a

half-face respirator

with organic vapor

cartridges when using

a different pesticide, 

the handler must be 

fit tested for both 

respirators. 

A handler employer is 

allowed to conduct the 

fit test for their handlers 

or they may also use an

outside party that may

have different respirator 

makes, models, styles

and sizes that may

be needed to ensure 

the handlers can be 

properly fit. 
72 

CHAPTER 4

A seal check is not a 

fit test! 

The requirement for

respirator training

applies to all

respirators, regardless

of the type, level of

protection, or whether

it is tight-fitting or

loose-fitting. 

Recordkeeping

A written record of the fit test must be maintained for 2 years and contain: 

●		 Name of handler tested, 

●		 Type of fit test performed, 

●		 Make, model and size of the respirator tested,

●		 Date of the fit test, and 

●		 Results of the fit test: 

о Pass/fail for qualitative fit test.

о Fit factor and strip chart recording or other record of the test results for a

quantitative fit test. 

Respirator seal check 

Anyone using a tight-fitting respirator must perform a respirator seal check before

using it to ensure an adequate seal is achieved each time the respirator is put on.

There are different ways to check respirator seals including a positive pressure 

check, a negative pressure check, or following the manufacturer’s recommended 

check method. A seal check is not a fit test! 

How to check the seal of tight-fitting respirators 

Positive-pressure check:

1.		 Block the exhalation valve cover with the palm of your hand.

2.		 Exhale gently into the facepiece, creating a slight positive pressure.

3.		 If you can feel air leaking under the facepiece, reposition the facepiece and

repeat steps 1 and 2 until you have an effective seal. 

Negative-pressure check:

1.		 Cover the inlet openings of the cartridges or canisters with palms of your

hands and inhale gently so that the facepiece collapses.

2.		 Hold your breath for about 10 seconds. The seal is effective if the facepiece 

stays collapsed.

3.		 If the facepiece expands or you can feel air leaking under the facepiece,

reposition it and repeat steps 1 and 2. 

Annual respirator training 40 CFR 170.507(b)(10)(ii) & 29 CFR 1910.134(k)(1)(i)-(vi) 

Handlers must be provided with training in the use of the respirator specified on

the pesticide product labeling and demonstrate knowledge of the following: 

●		 Why the respirator is necessary and how improper fit, usage, or maintenance

can compromise the protective effect of the respirator, 

●		 What the limitations and capabilities of the respirator are,

●		 How to select cartridges and canisters and know the schedule for changing,

●		 How to use the respirator effectively in emergency situations, including 

situations in which the respirator malfunctions,

●		 How to inspect, put on and remove, use, and check the seals of the

respirator, 

●		 Respirator maintenance and storage procedures, and

●		 How to recognize medical signs and symptoms that may limit or prevent the

effective use of respirators. 
ADDITIONAL HANDLER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 73 

CHAPTER 4

Respirator retraining is required annually and when: 

●		 Workplace conditions change, 

●		 A new type of respirator is used, or 

●		 Inadequacies in the employee’s knowledge or use indicate the need to 

retrain. 

Recordkeeping

A written record of the respirator training must be maintained for 2 years and 

should contain: 

●		 Name and signature of handler trained,

●		 Date of training,

●		 Trainer’s name, and 

●		 Training topics. 

Respirator change-out schedules 170.507(d) 

When particulate filtering respirators are used, the filters or the filtering facepiece

itself must be replaced before further respirator use when one of the following

conditions is met: 

●		 When breathing resistance becomes excessive.

●		 When the filter element has physical damage or tears.

●		 According to manufacturer’s recommendations or pesticide product labeling, 

whichever is more frequent.

●		 In the absence of any other instructions or indications of service life, at the

end of eight hours of cumulative use. 

When gas or vapor removing respirators are used, the gas or vapor removing

canisters or cartridges are to be replaced before further respirator use when one

of the following conditions is met if there is no end-of-service-life indicator on the

cartridge or canister: 

●		 At the first indication of odor, taste, or irritation. 

●		 When breathing resistance becomes excessive.

●		 When required according to manufacturer’s recommendations or pesticide 

product labeling instructions, whichever is more frequent.

●		 When the maximum use time is reached as determined by the handler

employer’s respiratory protection program. 

●		 In the absence of any other instructions or indications of service life, at the

end of eight hours of cumulative use. 

If a handler has 

facial hair that comes 

between the sealing

surface of the facepiece

and the handler’s face 

or that interferes with 

valve function, the 

handler cannot use a 

respirator that has a

tight-fitting facepiece. 

If there is an end-ofservice-life indicator 

on the cartridge or

canister, replace the 

cartridge or canister

when indicated. 
74 

CHAPTER 4

When required, the eye

flushing supplies at

mix/load sites must be

immediately available

to the handlers (mixers/

loaders) and the pint of

eye flush water must be

immediately available to 

the handler (applicator). 

DECONTAMINATION SUPPLIES FOR HANDLERS 

Handler employers must provide decontamination

supplies, as described below, to handlers who 

are doing handling tasks for routine washing,

emergency decontamination and eye flushing.

170.509(a)-(d) 

When must the supplies be provided? 

●		 Handlers: the duration of the handling task and until PPE is removed. 

What supplies must be provided? 

●		 Water — as specified below. The water must be of a quality and temperature 

that will not cause illness or injury when it contacts the skin or eyes or if

swallowed. If a water source is used for mixing pesticides, it cannot be

used for decontamination without additional precautions taken to prevent

contamination of the water with pesticides (e.g., back-flow prevention device,

air gap, etc.).

●		 Soap and single use towels — enough for handlers’ needs. Hand 

sanitizers or wet towelettes do not meet the requirement for soap or

towels. 

●		 Clean change of clothes, such as one-size-fits-all coveralls, to put on if the

handlers’ clothes are contaminated and need to be removed right away. 

How much water must be provided? 

Clean running water definitely meets the requirement. However, if it is not 

available, the following amounts must be met: 

●		 Handlers: 3 gallons or more per handler of water is required at the start of

the work period.

●		 Emergency eye flushing station: emergency eye flushing supplies must

be provided at any site where handlers are mixing or loading a pesticide that

requires protective eyewear or are mixing or loading any pesticide using a

closed system operating under pressure. The supplies that must be available 

are: 

о A system capable of delivering gently running water at a rate of at least 

0.4 gallons per minute for at least 15 minutes, or 

о	 At least 6 gallons of water in containers suitable for providing gently

running water for eye flushing for 15 minutes. The container(s) must be 

able to dispense a gentle steady flow of water. 

Additionally, when applying a pesticide that requires protective eyewear, 1 pint 

of water must be immediately available to each handler (applicator) in a portable

container (on the applicator’s person or in the application equipment being used). 
ADDITIONAL HANDLER EMPLOYER REQUIREMENTS

WPS — How to Comply Manual 75 

CHAPTER 4

Where must routine decontamination supplies be located? 

The water for routine cleaning, soap, single use towels and change of clothes

must be located together and must be: 

●		 Reasonably accessible to handlers (within 1/4 mile or at the nearest vehicular

access),

●		 Outside of any treated area or an area under an REI unless supplies (soap,

single-use towels, clean change of clothing and routine decontamination

water) are all contained within a pesticide protected closed container (except

if running water is available, it does not have to be in the container),

●		 At any mixing or loading site, and

●		 At the site where PPE is removed. 

Exceptions: 

For a pilot who is applying pesticides aerially, the decontamination supplies must 

be at the aircraft’s loading site or in the aircraft. 
76
 

CHAPTER 4
CHAPTER 5 

REQUIREMENTS FOR COMMERCIAL

PESTICIDE HANDLER EMPLOYERS 

GENERAL RESPONSIBILITIES FOR COMMERCIAL PESTICIDE 

HANDLER EMPLOYERS .................................... 78 

RESPONSIBILITIES OF EMPLOYERS TO INSTRUCT SUPERVISORS 

OF HANDLERS............................................ 80 

EMERGENCY ASSISTANCE ................................. 80
 

TRAINING PESTICIDE HANDLERS ........................... 81
 

EMPLOYER INFORMATION EXCHANGE ...................... 83
 

DECONTAMINATION SUPPLIES FOR HANDLERS .............. 84
 

RETALIATION AGAINST EMPLOYEES IS PROHIBITED .......... 85
 

EMPLOYER RESPONSIBILITIES FOR WPS VIOLATIONS ......... 85
 

All WPS requirements are effective January 2, 2017 unless

identified for a delayed implementation of January 2, 2018. 

This chapter describes some of the WPS protections commercial pesticide

handler employers must provide to their handlers. Commercial pesticide

handling establishments and their employees are included in WPS when they

apply WPS-labeled pesticide products on agricultural establishments, even if

some of the pesticide handling tasks (mixing, loading, disposal, etc.) take place

somewhere other than the agricultural establishment that is the treatment site.

Owners and managers of commercial pesticide handling establishments have

WPS responsibilities as commercial pesticide handler employers. 

Additional responsibilities for all

handler employers are covered in

Chapter 4. Commercial pesticide handler

employers must refer to both Chapters

4 and 5 for all of the WPS requirements

and protections applicable to their

establishments and handler employees. 

77 
78 

CHAPTER 5

 

GENERAL RESPONSIBILITIES FOR COMMERCIAL 

PESTICIDE HANDLER EMPLOYERS 

To streamline presenting the WPS 

requirements for a commercial

pesticide handler employer (CPHE), the

requirements for CPHEs that are not

covered in Chapter 4 have been placed

in this chapter. A CPHE must comply 

with the requirements presented in

Chapter 4: Additional Handler Employer 

Requirements AND within this chapter. 

The responsibilities of complying with the WPS primarily fall on the employer

(the owner of the business) of a handler (applicator/crop advisor). In addition, the

pesticide handler is also responsible for complying with certain WPS provisions

as well as all of the pesticide label directions. 

Key WPS definitions: 

A commercial pesticide handling establishment is defined as an enterprise,

other than an agricultural establishment, that provides pesticide handler or crop

advising services to agricultural establishments. In other words, this is usually a

custom pesticide application business that is hired by a farm, forest, nursery or

enclosed space agricultural production facility to apply pesticides or to provide

crop-consulting services. 

The commercial pesticide handling establishment is the business or enterprise

that is hired to make pesticide applications on an agricultural establishment.

The commercial pesticide handling employer is the person responsible for

providing WPS protections to the handlers or crop advisors they employ. 

The commercial pesticide handler employer is defined as any person, other

than an agricultural employer, who employs any handler to perform handler 

activities on an agricultural establishment. 

A crop advisor is considered a “handler” under WPS only if they are conducting 

handler tasks, which include entering into a treated area that is under a REI

to do crop advisor tasks. Crop advisors are NOT allowed to be early-entry

workers. See Chapter 6: Exemptions and Exceptions for crop advisors. 
COMMERCIAL PESTICIDE HANDLER EMPLOYERS

WPS — How to Comply Manual 79 

CHAPTER 5

 

 

The CPHE must ensure that: 

●		 All pesticides are used consistent with the pesticide product label at all times,

including following the WPS requirements when applicable. 170.313(a) 

●		 Each worker and handler receives the protections required by the WPS.

170.313(b) 

●		 Each handler, or worker that conducts early-entry tasks, is at least 18 years 

of age. 170.313(c) 

●		 Employees do not clean, repair, or adjust pesticide application equipment 

without completing WPS handler training. 170.313(l) 

●		 Other persons (not employed by the agricultural establishment) do not clean,

repair, or adjust pesticide application equipment until they are told:

о That the equipment may be contaminated with pesticides.

о About the potentially harmful effects of pesticide exposure. 

о How they are to handle the equipment to limit exposure to pesticides.

о How to wash themselves and/or their clothes to prevent or remove

pesticide residues. 170.313(l)(1)-(4) 

●		 Handlers are given instruction in the safe operation of equipment used to mix,

load, transfer, or apply pesticides. 170.313(f) 

●		 Before any equipment is used to mix, load, transfer, or apply pesticides, it 

must be inspected for leaks, clogged nozzles, worn or damaged parts. Any 

faulty equipment must be repaired or replaced before use. 170.313(g) 

●		 Handlers that apply pesticides on an agricultural establishment are informed

about, or are aware of, the location and description of any treated areas on

the agricultural establishment where a REI is in effect, and the restrictions on 

entering those areas. 170.313(h) 

●		 Records or other information required by WPS are provided for inspection

to an employee of EPA or any duly authorized representative of the Federal, 

State, or Tribal agency responsible for pesticide enforcement. 170.313(m) 
80 

CHAPTER 5

 

 

RESPONSIBILITIES OF EMPLOYERS TO INSTRUCT 

SUPERVISORS OF HANDLERS 170.313(d) & (e) 

Even if the CPHE 

assigns a supervising

employee or labor 

contractor to carry out

the duties required by

the WPS, the CPHE is 

ultimately responsible

for making sure those

duties are performed. 

Employers can “make

transportation available”

by:

●		 Taking the 

employee to the

medical care 

facility, or 

●		 Calling an 

emergency

vehicle, such as an 

ambulance, or 

●		 Making sure the

employee has a

ride to the medical 

care facility with

someone else. 

The CPHE has WPS 

emergency assistance

responsibilities for

only their handlers.

An agricultural

employer has no

WPS responsibilities

for CPHE handlers 

other than providing

information about 

treated areas under 

REIs to the CPHE 

(information exchange). 

If a CPHE employs anyone to supervise handlers, or hires handlers through a

labor contractor, the CPHE must provide sufficient instructions to the supervisors 

and/or labor contractors to ensure that handlers receive all required WPS

protections. The instructions must specify which tasks the labor contractor and/or 

supervisors are responsible for in order to comply with the WPS. 

The CPHE must also require labor contractors and anyone who supervises

handlers to provide sufficient information and directions to each handler to

ensure that they can comply with the WPS provisions applicable to their duties

and tasks as a handler. 

The CPHE and their supervisors must clearly understand each of the

responsibilities for complying with the WPS and ensure that they are

implemented. 

EMERGENCY ASSISTANCE 

If there is reason to believe that a handler 

employed by a CPHE has experienced a

potential pesticide exposure during or within 72

hours after his or her employment, and needs

emergency medical treatment, the CPHE must

do all of the following promptly after learning of

the possible poisoning or injury: 

Provide emergency transportation 170.313(k)(1) 

Promptly make emergency transportation available to take the handler from the

commercial pesticide handling establishment, or any agricultural establishment

on which the handler may be working on behalf of the CPHE, to a medical care

facility capable of providing emergency medical treatment to a person exposed to

pesticides. 

Provide emergency information 170.313(k)(2) 

The CPHE must provide all of the following information to the treating medical

personnel: 

●		 Copies of the applicable safety data sheet(s) and the product name(s), EPA

registration number(s) and active ingredient(s) for each pesticide product to

which the person may have been exposed.

●		 The circumstances of application or use of the pesticide on the agricultural

establishment. 

●		 The circumstances that could have resulted in exposure to the pesticide. 
COMMERCIAL PESTICIDE HANDLER EMPLOYERS

WPS — How to Comply Manual 81 

CHAPTER 5

TRAINING PESTICIDE HANDLERS 

The following section provides an overview of

the key requirements for training handlers in

accordance with the WPS. 

●		 There is no grace period for WPS

handler training! Handlers must be

trained before performing any handling

task. 

●		 All handlers must be trained every 12 months. 170.501(a) 

●		 Employees are only exempt from WPS handler training if the handler is

currently:

о Certified as an applicator of restricted-use pesticides.

о Certified or licensed as a crop advisor by a program acknowledged as

appropriate in writing by EPA or the State or Tribal agency responsible for 

pesticide enforcement and that includes all the topics required. 170.501(b) 

●		 Only qualified trainers may provide training and they must be present during

the entire training program to respond to questions (see below to determine

who is qualified to train handlers). 170.501(c)(1) & (4) 

●		 Training must be given orally from written materials or audio-visually using 

only EPA approved training materials. 170.501(c) 

●		 Training must be presented in a manner employees can understand using a 

translator if necessary. 

●		 Records of handler training must be kept for 2 years.

●		 Training records must be provided to employees upon request. 

●		 All training requirements are effective January 2, 2017 EXCEPT the 

expanded training content which is effective six months after EPA announces 

the availability of training materials but not earlier than January 2, 2018. 

170.501(c)(3) 

What topics must the handler training cover? 

Handler training content effective January 2, 2018 is itemized in Appendix B: 

Worker Protection Standard Criteria. Until January 2, 2018, WPS safety training 

content remains the same as in the 1995 rule although all training materials

used after January 2, 2017 must be approved by EPA. . 

The expanded content of training topics is the only requirement of handler

training that has a delayed implementation date of January 2, 2018 (or no more

than 6 months after EPA has published the availability of the training materials 

but not before January 2, 2018). Handlers will have to be trained on the same

23 topics as workers, with handlers requiring an additional 13 topics (total of 36

topics). Refer to Training Criteria for Handlers in the Appendix B for information 

on specific training topics. 
82 

CHAPTER 5

 

How often must handlers be trained? 170.501(a) 

Once every 12 months (annually), counting from the end of the month in which

the previous training was completed. 

An attendance roster of 

the WPS training with

all of the training record

information meets 

the recordkeeping

requirement. 

The EPA does NOT 

supply or issue WPS

training verification

cards. 

If a handler was 

trained at another 

establishment, you

may get a copy of the

training record and

keep as your record of

training. If no record

is provided, you must

provide WPS training

and maintain the 

training record. 

WPS training materials

that are produced by

EPA will bear the official 

EPA logo and have 

an EPA publication 

number. WPS training 

materials that have 

been developed by

others and approved

by EPA will bear an 

EPA approval number 

and an EPA statement 

of approval for use for

WPS training. 

Training records 170.501(d) 

Training records for each handler must be kept on the establishment for 2 years 

from the date of training. The training record must include: 

●		 The handler’s printed name and signature, 

●		 The date of training,

●		 Trainer’s name, 

●		 Evidence of the trainer’s qualification to train, 

●		 Employer’s name, and 

●		 Information to identify which EPA-approved training materials were used for 

the training. (i.e., the EPA document number or EPA approval number for the 

materials.) 

A copy of the training record is not required to be provided to each handler 

trained. However, the CPHE must provide a copy of the training record to the 

trained handler if requested by the employee. Individual training record forms or

other methods of maintaining the required training information may be developed

and used to meet this requirement. 

Who qualifies to be a WPS trainer? 170.501(c)(4) 

The person who conducts handler training must: 

●		 Currently be a certified applicator of restricted-use pesticides (in any category

of certification), or

●		 Currently be designated as a trainer of certified pesticide applicators or

handlers by a Federal, State, or Tribal agency having jurisdiction, or 

●		 Have completed an EPA-approved pesticide safety train-the-trainer program 

for trainers of handlers. 

How is training to be conducted? 170.501(c)(1) 

Trainers of handlers must: 

●		 Use EPA-approved training materials, 

●		 Present the training orally from written materials or audio visually, 

●		 Present the information in a manner that the trainees can understand, using a

translator if necessary, 

●		 Be present at all times during training to respond to trainees’ questions, and 

●		 Ensure training quality by providing an environment conducive to training that

is reasonably free of distractions. 
COMMERCIAL PESTICIDE HANDLER EMPLOYERS

WPS — How to Comply Manual 83 

CHAPTER 5

EMPLOYER INFORMATION EXCHANGE 

Whenever a commercial pesticide handler

(including crop advisors) will perform pesticide

handling tasks on an agricultural establishment,

the CPHE must provide the agricultural

employer with certain information concerning

pesticide applications being conducted on the

agricultural establishment. 

The purpose of this exchange of information is to allow the agricultural employer

the opportunity to inform workers or handlers of pesticide applications made,

restricted areas, and to record and display the appropriate information. 

In addition, the agricultural employer must provide certain information to the

CPHE about treated areas on the agricultural establishment. The purpose of 

this exchange of information (and the requirement for the CHPE to pass it along

to the handler) is to ensure that a commercial pesticide handler is aware of

areas under REIs on an agricultural establishment close to where he/she will be

working. 

Information provided to the commercial pesticide handler employer

(CPHE) from an agricultural employer 170.309(k) & 170.313(h) 

●		 Before a commercial pesticide handler enters an agricultural establishment,

the agricultural employer must inform the CPHE about treated areas and any

restrictions on the establishment and the CPHE must provide that information

to the commercial pesticide handler. While it is the agricultural employer’s 

responsibility to inform the CPHE, the CPHE must obtain this information so it

can be communicated to their handler employees.

●		 The agricultural employer must provide to the CPHE:

о	 The specific location and description of any treated areas on the

agricultural establishment under a restricted-entry interval that the

commercial pesticide handler may be in (or walk within 1/4 mile of), and

о	 Any restrictions on entering those areas. 

The CPHE must inform their handler of the information provided by the

agricultural employer. 170.313 (h) 

Prior to the application,

the CPHE and 

agricultural employer

should agree upon a

way to communicate

any changes that may

occur regarding the

pesticide application

to ensure receipt of

the information. This 

information exchange

can be accomplished

through electronic

media, telephone or

other means. 
84 

CHAPTER 5

It is important for

agricultural employers

to make arrangements

with the CPHE on 

how they will receive

the required pesticide

application information

so they can take the 

necessary steps to

protect workers and

other persons on the

establishment during

pesticide applications,

provide notification of

pesticide applications

to workers, and provide

the application and

hazard information at 

the central display site. 

Information provided to an agricultural employer from a commercial 

pesticide handler employer (CPHE) 170.313(i) & (j) 

To allow an agricultural employer to inform workers on the establishment about 

a pesticide application that is, or will be performed, the CPHE (employer of the

for-hire/custom applicator) must inform the agricultural employer of the following: 

●		 The specific location and description of the area(s) on the agricultural

establishment that are to be treated with a pesticide product,

●		 Date, start time and estimated end time of the pesticide application,

●		 Pesticide product name, EPA registration number, and active ingredient(s), 

●		 REI for the pesticide product,

●		 Whether the pesticide product labeling requires posting, oral notification or

both to be conducted by the agricultural employer, and 

●		 Any other specific requirements on the pesticide product labeling concerning

protection of workers and other persons during or after application. 

What if the information changes? 

The CPHE must provide the agricultural employer with updated information

PRIOR to the application when there are any changes to: 

●		 The location to be treated, 

●		 REI, 

●		 Method of notification, 

●		 Labeling requirements to protect workers/other persons, or

●		 The start time which will cause it to be earlier than estimated. 

If the product information changes or there are other changes to the date, start

and end time, the CPHE must provide the updated information to the agricultural

employer within 2 hours after completing the application. 

Changes to the estimated application end time of less than one hour do not

need to be reported to the agricultural employer. 

DECONTAMINATION SUPPLIES FOR HANDLERS 

To prevent, or mitigate pesticide exposures, the 

commercial pesticide handler employer is required

to provide supplies to each handler for routine

washing to remove pesticide residues, emergency

decontamination, and immediate eye-flushing

in certain situations. What supplies must be

provided, when, where, and for how long are

covered in Chapter 4: Additional Handler Employer 

Requirements. 
COMMERCIAL PESTICIDE HANDLER EMPLOYERS

WPS — How to Comply Manual 85 

CHAPTER 5

RETALIATION AGAINST EMPLOYEES IS PROHIBITED 

The commercial pesticide handler employer, their supervisors or others cannot 

intimidate, threaten, coerce or discriminate against, prevent, discourage, or fire

any handler for complying or attempting to comply with the WPS. Additionally, the 

commercial pesticide handler employer cannot retaliate in any manner if: 

●		 Any handler refuses to participate in any activity that the handler reasonably

believes to be in violation of the WPS, 

●		 Any handler has, or is about to report WPS noncompliance to appropriate

authorities for enforcement of WPS provisions, or

●		 Any handler agrees to provide information to the EPA or any duly authorized 

representative of a Federal, State or Tribal government about WPS 

compliance, or assists or participates in any manner in an investigation,

proceeding, or hearing concerning WPS compliance. 

Retaliation is a serious violation of federal law (170.315) 

EMPLOYER RESPONSIBILITIES FOR WPS VIOLATIONS 

Penalties for noncompliance 170.317 

Commercial pesticide handler employers can be subject to civil and criminal

penalties if they do not comply with the federal WPS including all revisions

to this rule. Failure to comply is a pesticide misuse violation since the WPS

is referenced on applicable pesticide product labeling. Failure to comply with

distinct requirements of the WPS can result in independently assessable

charges, even if the violative acts occurred during one pesticide application. See

Chapter 7: Compliance with the Worker Protection Standard. 

Employer responsibilities for supervisors or labor contractors

assigned to carry out WPS requirements 

The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) includes 

provisions that hold commercial pesticide handler employers liable for a WPS

penalty if another person employed by or acting for them, including supervisors,

fails to comply with any WPS requirements. The term “acting for” includes both 

employment and contractual relationships. 
86
 

CHAPTER 5
CHAPTER 6 

EXEMPTIONS AND EXCEPTIONS 

WPS EXEMPTIONS FOR OWNERS OF AGRICULTURAL 

ESTABLISHMENTS ........................................ 88 

WPS EXEMPTIONS AND EXCEPTIONS FOR CROP ADVISORS .... 92 

All WPS requirements are effective January 2, 2017 unless

identified for a delayed implementation of January 2, 2018. 

The WPS exempts owners of agricultural establishments from many, but not 

all, WPS requirements. The WPS also contains specific exemptions for crop 

advisors. This chapter describes the WPS exemptions and exceptions for owners 

of agricultural establishments and crop advisors. 

87 
88 

CHAPTER 6

WPS EXEMPTIONS FOR 

OWNERS OF AGRICULTURAL 

ESTABLISHMENTS 170.601 

The WPS exempts owners of agricultural

establishments and members of their 

immediate family from certain requirements.

It is important to note that: 

●		 No agricultural establishments that use WPS-labeled pesticide products are

completely exempt from the WPS requirements,

●		 Owners/agricultural employers must provide full WPS protections for workers

and handlers who are not in the owners’ immediate families, and 

●		 Owners and their immediate family members that qualify for the exemption

must comply with some of the WPS requirements. 

Definition of immediate family 170.305 

The 2015 WPS definition of “immediate family” includes: spouse, parents,

stepparents, foster parents, father‐in‐law, mother‐in‐law, children, stepchildren, 

foster children, sons‐in‐law, daughters‐in-law, grandparents, grandchildren, 

brothers, sisters, brothers‐in‐law, sisters‐in-law, aunts, uncles, nieces, nephews, 

and first cousins. “First cousin” means the child of a parent’s sibling (i.e., the child 

of an aunt or uncle). 

Agricultural establishments that qualify for the exemption 

The exemption allowed in the WPS applies only to the owners and their

immediate family members on any agricultural establishment where a majority

of the establishment is owned by one or more members of the same immediate

family. A “majority of the establishment” means that more than 50% of the 

equity in the establishment is owned by one or more members of the same

immediate family as defined above. 

If a majority of an agricultural establishment is owned by one or more members

of the same immediate family, and the remaining portion of ownership is 

owned by members of another immediate family, the owner/immediate family 

exemption applies to both families and their immediate family members. 
EXEMPTIONS AND EXCEPTIONS

WPS — How to Comply Manual 89 

CHAPTER 6

Owners of the agricultural establishment must provide all WPS protections for

any employees or other persons on the establishment that are NOT members of 

their immediate family. 

Owner means any person who has a present possessory interest (e.g., fee,

leasehold, rental, or other) in an agricultural establishment. 

The agricultural owner exemptions do NOT apply if: 

●		 The farm, forest, nursery or enclosed space production facility is rented out or

leased out to another person that is not an immediate family member and the

owner has no part in the management or profit/loss from it.

●		 A person that is not an immediate family member is hired to operate a farm, 

forest, nursery or enclosed space production facility. In this case, the person 

is an employee of the agricultural establishment and may be considered an

agricultural employer, but is not an owner of the agricultural establishment. 

Immediate Family Exemption Examples: 

When the exemption applies:

If Farmer #1 and immediate family members own 51% and Farmer #2 and

immediate family members owns 49% of the same farm, all immediate family

members of both families qualify for the immediate family exemption. 

When the exemption does NOT apply:

If Farmer #1 and Farmer #2 jointly own 51% (or more) of the farm, but are not

related as immediate family, and Farmer #3 and immediate family members 

own the other 49% or less) of the same farm, NONE of the farmers/owners or

any of their immediate family members qualify for the owner and immediate

family exemption. 

●		 There is no 

exemption for

“family farms” per 

se; 

●		 The “agricultural

establishment” 

itself is NOT 

exempt from the

WPS; 

●		 This exemption

only covers

the owner and 

immediate family

members. 

The immediate family

exemption is only for

owners of agricultural

establishments; there 

is no immediate 

family exemption for

owners of commercial 

pesticide handling

establishments. 
90 

CHAPTER 6

Exemptions for agricultural establishment owners 

Qualifying owner(s) of the agricultural establishment ARE NOT REQUIRED 

to provide the following WPS protections to themselves or members of their

immediate family: 

●		 Minimum age for handlers and early‐entry workers. 170.309(c) 

●		 Provide emergency assistance. 170.309(f) 

●		 Provide handler training prior to cleaning, repairing or adjusting pesticide

application equipment. 170.309(g) 

●		 Display, maintain, and provide access to pesticide safety, pesticide 

application and hazard information. 170.309(h) & 170.311 

●		 Keep records of pesticide application and hazard information required by

WPS. 170.309(h) & 170.311(b) 

●		 Provide instruction in the safe operation of equipment used for mixing,

loading, transferring or applying pesticides. 170.309(i) 

●		 Ensure equipment used for mixing, loading, transferring, or applying

pesticides is inspected for leaks, clogging, and worn or damaged parts and

make repairs as needed prior to use. 170.309(j) 

●		 Provide WPS training for workers and handlers. 170.401 & 170.501 

●		 Ensure knowledge of labeling, application-specific, and establishmentspecific information. 170.403 & 170.503 

●		 Provide visual or voice monitoring of applicator when using a pesticide

product that has the skull-and-crossbones symbol on the front panel unless

required by product label directions. 170.505(c) 

●		 Provide continuous visual or voice contact during fumigant applications.

170.505(d) 

●		 Provide oral and posted notifications of worker entry restrictions (i.e., REIs in

effect). 170.409 

●		 Provide instructions on use of personal protective equipment (PPE); inspect,

clean, store, and maintain PPE; and take measures to prevent and treat

heat-related illness. 170.507(c)-(e) 

●		 Maintain decontamination sites and supplies. 170.411 & 170.509 

●		 Comply with early-entry provisions including minimum age, providing

information, maintaining PPE and instructing on its use, instructing on

how to prevent, recognize, and treat heat-related illness and providing

decontamination supplies. 170.605(a)-(c) and (e)-(j) 
EXEMPTIONS AND EXCEPTIONS

WPS — How to Comply Manual 91 

CHAPTER 6

Qualifying owners of agricultural establishments and their immediate family

members MUST COMPLY with all of the following WPS requirements when

using WPS-labeled pesticide products: 

●		 Follow WPS requirements for respirator training, medical evaluation, fit

testing, and recordkeeping when respirators are required on the pesticide

labeling.

●		 Use the PPE listed on pesticide labeling.

●		 Keep immediate family members out of the treated area until the restrictedentry interval (REI) expires.

●		 Ensure pesticide is applied so it does not contact anyone, including members

of the immediate family (requirement on label and in WPS).

●		 Keep everyone, including members of the immediate family, away from the 

treated area during the application and the application exclusion zone.

●		 Ensure that any pesticide applied is used in a manner consistent with the

product’s labeling. 

●		 After January 1, 2018, any handler must suspend a pesticide application if a

workers or other person is in the AEZ during an application. 

The exemption does NOT apply to employees outside of immediate family.

The owner of an agricultural establishment must always provide all applicable

WPS protections to workers and handlers employed by the establishment who

are not members of the owner’s immediate family. This includes: 

●		 Workers or handlers who are employees receiving a wage, salary or other 

monetary compensation.

●		 Persons other than workers or handlers, such as those who clean PPE or 

repair, clean, or maintain contaminated pesticide handling equipment. 

Agricultural

establishment owners 

and immediate family

members are still 

eligible for the allowable 

exceptions to PPE,

such as using a closed 

system. 

Any person performing

worker or handler tasks 

who does not receive 

a wage, salary or other

compensation is not

a worker or handler 

protected by the revised

WPS, regardless of

family relationship to

the owner. 
92 

CHAPTER 6

Pesticide distribution as 

used in the definition of 

a crop advisor refers to

assessing the pesticide

coverage, dispersal,

dissemination, pattern,

etc., to determine if 

there was appropriate

distribution of the 

material during

application. 

The WPS exemptions

for certified crop

advisors do NOT apply 

to non-certified crop

advisors, including noncertified crop advisor

employees operating

under the supervision of 

a certified crop advisor. 

WPS EXEMPTIONS AND EXCEPTIONS FOR CROP 

ADVISORS 

Under the WPS, a “crop advisor” is a person who assesses pest numbers,

damage, pesticide distribution or the status or requirements of agricultural plants.

The WPS does not require a “crop advisor” to have any specific certification or

training to be recognized as a crop advisor. However, certain WPS exemptions 

apply only to certified crop advisors. 

Non-certified crop advisors must be provided with the WPS protections required

for worker or handler activities depending on the tasks being conducted by

the crop advisor. The crop advisor employer (including the self-employed crop 

advisor) is responsible for providing all required WPS protections to noncertified crop advisors. 

Important definitions that apply to crop advisors 

Commercial pesticide handling establishment means any enterprise, other

than an agricultural establishment, that provides pesticide handler or crop

advising services to agricultural establishments. 

Certified Crop Advisor for the purposes of the WPS includes crop advisors

certified as a Professional Crop Consultant by the National Alliance of 

Independent Crop Consultants (NAICC), or certified or licensed as a crop advisor

by a program approved and recognized in writing by the EPA, or a State or Tribal 

agency responsible for pesticide enforcement. The approved program must cover 

all of the WPS handler pesticide safety training content listed in Appendix B: 

Worker Protection Standard Criteria. 170.601(b) 

Handler means any person, including a self-employed person, who is employed

by an agricultural employer or commercial pesticide handler employer and 

...performs tasks as a crop advisor during any pesticide application or

restricted-entry interval, or before the inhalation exposure level listed in the

pesticide product labeling has been reached or one of the ventilation criteria

established by WPS or the pesticide product labeling has been met. 

Worker means any person, including a self-employed person, who is 

employed and performs activities directly relating to the production of agricultural

plants on an agricultural establishment. 

Hand labor means any agricultural activity performed by hand or with hand tools

that causes a worker to have substantial contact with plants, plant parts, or soil

and other surfaces that may contain pesticide residues, except hand labor does

not include operating, moving, or repairing irrigation or watering equipment or

performing crop advisor tasks. 
EXEMPTIONS AND EXCEPTIONS

WPS — How to Comply Manual 93 

CHAPTER 6

Certified crop advisor exemptions 170.601 & 170.607(g) 

Certified crop advisors are exempt from certain responsibilities under the WPS

if the pesticide application is completed and all of the following conditions are 

met: 

●		 The crop advisor is certified or licensed as a crop advisor by a program

acknowledged as appropriate in writing by the EPA, or a State or Tribal 

agency responsible for pesticide enforcement.

●		 The certification or licensing program must include pesticide safety training

that has all the information required of WPS handlers as applicable

depending on the date of training (i.e., WPS handler pesticide safety training

content required before January 2, 2018 is different from training content 

required after January 2, 2018 or 6 months from the date EPA announces 

the availability of training materials but not before January 2, 2018). See

Appendix B: Worker Protection Standard Criteria. 

●		 Only crop advising tasks are performed in the treated area. 

Certified crop advisors who meet the requirements listed above can determine

the appropriate PPE to wear when doing crop advising tasks during the REI. In

addition, the employer of the certified crop advisor does not have to provide: 

●		 The routine decontamination supplies and eye-flushing supplies for handlers.

170.509 

●		 Emergency assistance, including providing transportation to a medical care

facility and providing certain information to the treating medical personnel.

170.309(f) & 170.313(k) 

●		 Access to the labeling or inform the certified crop advisor about the labeling

and application-specific information regarding the safe use of the pesticide.

170.503(a) 

●		 Sufficient information and directions to the certified crop advisor to ensure

that they can comply with the WPS. 170.309(e) & 170.313(e) 

Employers of crop advisors must provide all required WPS protections to any

crop advisor employees who are not certified crop advisors. 

Certified crop advisors

can self-determine 

their PPE when doing

crop advising tasks

during the REI. They 

do not have to wear 

one of the sets of PPE 

allowed for non-certified 

crop advisors, which

includes handler or 

early-entry worker PPE

required by the labeling

or the “universal set” of 

PPE specified on pg 93. 
94 

CHAPTER 6

Crop advisors cannot

be an early-entry

worker. They must 

meet the requirements

of a handler to enter 

a treated area while a 

REI is in effect. 

Certified crop advisor* Non-certified crop advisor 

Exempt from some provisions of WPS No exemption 

Self-determine PPE for entry during a

REI 

Is considered a handler for entry

during an REI 

Must wear PPE required for noncertified crop advisors (see page 93) 

Exempt from WPS pesticide safety

training 

Must have/receive pesticide safety

training 

Exempt from emergency assistance Must be provided emergency

assistance 

Exempt from decontamination supply

requirement 

Must have/receive decontamination

supplies

The following table summarizes some of the WPS exemptions for certified crop

advisors and the corresponding requirements for non-certified crop advisors.

There are other WPS requirements that apply to all crop advisors. 

Table 5. WPS Exemptions for Crop Advisors 

* A certified crop advisor organization must have written approval from EPA, 

State or Tribal agency to qualify for WPS exemptions 

Employers of non-certified crop advisors must provide: 

●		 Decontamination supplies:

о 1 gal water/worker for routine washing.

о 3 gal water/handler for routine washing.

●		 Pesticide safety training for workers or handlers, depending on whether the

crop advisor will enter a treated area during a REI.

●		 Labeling and application-specific information regarding the safe use of the

pesticide before performing any handler activities and access to the labeling.

●		 PPE, care and maintenance. 

●		 Emergency assistance:

о Transportation. 

о Provide the following information to treating medical personnel:

●		 SDS, pesticide product name(s), EPA registration number(s), and 

active ingredient(s).

●		 How the person was exposed. 

No exemption for entry restrictions during an application 

The certified/licensed crop advisor exemption does not apply when crop advisors

or persons under their direct supervision enter an area before an application is

completed. This applies to all entry restrictions during applications for outdoor 

production (AEZ) and enclosed space production facilities. 
EXEMPTIONS AND EXCEPTIONS

WPS — How to Comply Manual 95 

CHAPTER 6

PPE exceptions for crop advisors entering a treated area during a

REI 170.601(b) & 170.607 

Certified crop advisors can make their own determination for the appropriate

PPE for entry into a treated area during a REI and substitute their selfdetermined set of PPE for the labeling-required PPE for themselves only. 

Non-certified crop advisors performing crop advising tasks during the REI must

wear one of the three following sets of PPE, but he/she may choose between any

of the following options and select the least restrictive: 

●		 The labeling-required PPE for handlers,

●		 The labeling-required PPE for early-entry workers, or

●		 A “universal set” of PPE that is good for conducting any crop advising task 

during the REI which consists of: coveralls, shoes plus socks, waterproof

gloves, and protective eyewear (if the label requires protective eyewear for

handlers). 

The above PPE options for non-certified crop advisors may only be used when

the following conditions are met: 

●		 The application has been completed for at least four hours.

●		 No entry is allowed until any inhalation exposure level listed on the pesticide

product labeling has been reached or any ventilation criteria established by

the WPS (Chapter 3, Table 1. Entry Restrictions During Enclosed Space 

Production Pesticide Applications) or on the pesticide product labeling have 

been met. 

●		 The non-certified crop advisor who enters a treated area during a REI only

performs crop advising tasks while in the treated area. 

Employees working under the supervision of a certified crop advisor 

The CPHE, agricultural employer, or the certified crop advisors themselves (if 

self-employed) must provide each employee working under the supervision of

a certified crop advisor with all required WPS protections, including the labelrequired PPE while working in a field during a REI, or PPE substitutions allowed

for non-certified crop advisors. 

The certified crop advisor exemption is ONLY for a certified crop advisor 

and does NOT extend to any non-certified crop advisor employees

working under their direct supervision. 

“Coveralls” are loosefitting one- or two-piece

cloth garments that

cover the entire body

except the head, hands

and feet. 

If a crop advisor

is an employee

of an agricultural

establishment, they

are either a handler 

or worker for that 

establishment but may

use the crop advisor

PPE exception when

applicable. 

Self-employed

crop advisors are

responsible for

the same WPS 

requirements as a

commercial pesticide

handler establishment. 
96 

CHAPTER 6

WPS training for non-certified crop advisors 

Non-certified crop advisors are not exempt from WPS training requirements and

they must receive the appropriate WPS handler or worker training as appropriate

before performing any crop advising activities in a pesticide treated area. 

Non-certified crop advisors are “handlers” if they enter treated areas to

conduct crop advising activities while a REI is in effect, and therefore need to be 

trained as handlers. 

Non-certified crop advisors are “workers” if they only enter treated areas after

the REI has ended (but within 30 days after the REI), and therefore would only

need to be trained as workers. 

Non-certified crop advisors cannot be early-entry workers.

They are either workers or handlers. 

Who is responsible for WPS compliance for certified or non-certified

crop advisors? 

The responsibility for providing WPS training and other applicable WPS

protections to crop advisors depends upon their employment situation. 

Table 6. Responsibility for Providing WPS Protections to Crop Advisors 

If the crop advisor is a/an: The entity responsible for WPS

compliance is: 

Direct employee of an agricultural

establishment (e.g., Blue Sky Farms) 

The agricultural employer must provide 

WPS protections 

Employee of a commercial pesticide

handling establishment (e.g., Acme 

Crop Services) 

The commercial pesticide handler

employer (CPHE) must provide WPS

protections 

Self-employed crop advisor (certified

or non-certified) (e.g., Joe Solo Crop

Consultant) 

The crop advisor must self-provide

applicable WPS protections, including

pesticide safety training 
CHAPTER 7 

COMPLIANCE WITH THE WORKER 

PROTECTION STANDARD 

EMPLOYER RESPONSIBILITIES FOR WPS COMPLIANCE........ 98
 

Retaliation against employees ............................ 99
 

Use of a pesticide in a manner inconsistent with its labeling ... 99
 

Employer responsibilities for supervisors or labor contractors

assigned to carry out WPS requirements .................. 100
 

WPS recordkeeping responsibilities ...................... 100
 

AVOIDING DISCRIMINATION IN HIRING ...................... 101
 

WPS PENALTIES AND FINES ............................... 101
 

EPA’S COMPLIANCE ASSURANCE PROCESS................. 102
 

All WPS requirements are effective January 2, 2017 unless

identified for a delayed implementation of January 2, 2018. 

97 
98 

CHAPTER 7

EMPLOYER RESPONSIBILITIES FOR WPS COMPLIANCE 

EPA’s goal in revising the WPS regulations is to strengthen protections for 

the nation’s 2 million agricultural workers and their families working on farms, 

forests, nurseries, and enclosed space production facilities (e.g., greenhouses,

mushroom houses, etc.). The 2015 revisions also ensure workers and handlers 

receive workplace protections comparable to those that are already provided to

workers in other industries, while still considering the unique needs of agricultural

operations. 

This manual provides information to help employers comply with the

requirements of the federal WPS for agricultural pesticides as originally

published in 1992, amended in 1995, 1996 and 2004, and revised in 2015. It

is the employer’s responsibility to understand what requirements apply to you 

and to comply with all those requirements. However, EPA, states and tribes that 

have the primary responsibility to implement the WPS, want to help owners and

employers on agricultural establishments to comply with the regulations. If you

have questions, contact your state agency or tribal contact. In most states, the

WPS is implemented by the state department of agriculture. You can find state 

and tribal WPS contacts at the National Pesticide Information Center (NPIC). 

In addition to the state or tribal contact, EPA provides information, training 

materials, and other tools on its WPS website and is partnering with other groups

to provide assistance and information (see Appendix D: Contacts and Additional 

Resources). You can download WPS materials at EPA’s WPS training and safety

website and at the Pesticide Educational Resources Collaborative (PERC)

website. You can order hardcopy WPS materials online at EPA’s National Service 

Center for Environmental Publications (NSCEP) or by telephone at 1-800-490-

9198 or fax at 301-604-3408. See links below. 

State and Tribal WPS contacts - http://npic.orst.edu/mlr.html 

EPA’s WPS website - https://www.epa.gov/pesticide-worker-safety/agriculturalworker-protection-standard-wps 

EPA’s training and safety website - https://www.epa.gov/pesticide-worker-safety/

training-and-safety-materials-implementing-worker-protection-standard 

PERC website - http://pesticideresources.org/ 

NSCEP website - https://www.epa.gov/nscep 

While the following topics were discussed in previous chapters, they are included

here to emphasize their importance: 

●		 Retaliation against employees,

●		 Use of a pesticide in a manner inconsistent with the label,

●		 Employer responsibilities for supervisors or labor contractors assigned to

carry out WPS requirements, and

●		 WPS recordkeeping responsibilities. 

This chapter also includes information on avoiding discrimination in hiring, WPS

penalties and fines, and a description of EPA’s compliance assurance process. 
COMPLIANCE WITH THE WPS

WPS — How to Comply Manual 99 

CHAPTER 7

Retaliation against employees 170.315 

Agricultural employers, commercial pesticide handler employers, or others

cannot intimidate, threaten, coerce or discriminate against, prevent, discourage,

or fire any worker or handler from complying or attempting to comply with the

WPS. Additionally, the agricultural employer cannot retaliate in any manner if: 

●		 Any worker or handler refuses to participate in any activity that the worker or

handler reasonably believes to be in violation of the WPS,

●		 Any worker or handler has, or is about to report WPS noncompliance to

appropriate authorities for enforcement of WPS provisions, or

●		 Any worker or handler agrees to provide information to the EPA or any duly 

authorized representative of a Federal, State or Tribal agency about WPS 

compliance, or assists or participates in any manner in an investigation,

proceeding, or hearing concerning WPS compliance. 

Retaliation is a serious violation of federal law (170.315) 

For example: If the employer or supervisor refuses to provide PPE or tells an

early-entry worker to enter a treated field during a REI without providing specific

information and PPE and the employee files a complaint to authorities, the

employer may not fire or threaten that person in any manner or allow any acts of

retaliation by any employee. 

Use of a pesticide in a manner inconsistent with its labeling 170.317(a) 

Agricultural employers, commercial pesticide handler employers, crop advisors,

handlers, owners of agricultural establishments and others can be subject to

federal civil and criminal penalties if found in violation of the WPS. Failure to

comply with the requirements of the WPS can result in multiple and independent

assessable charges, even if the violations occurred during one pesticide

application. Because the WPS is referenced on a pesticide product label, users

of that pesticide must comply with all of its requirements unless an exception is

allowed for in the WPS or there are product-specific directions on the pesticide

product labeling that are different from the WPS requirements. Failure to comply 

is unlawful and considered a pesticide misuse violation under The Federal 

Insecticide, Fungicide and Rodenticide Act (FIFRA) 12(a)(2)(G) — also known as 

use of a pesticide in a manner inconsistent with its labeling. 

Note that states or tribes may incorporate the WPS by reference (i.e., adopt

the federal regulations as their state or tribal regulations) or have their own

regulations that are equivalent to, or more stringent than, the federal WPS

regulations. Where state, tribal, or other local regulations go beyond or are

more stringent than the federal WPS regulations, agricultural employers and

commercial pesticide handler employers will have to comply with both federal

WPS requirements and all additional state, tribal, or other local requirements. 
100 

CHAPTER 7

The WPS requirements

for decontamination 

supplies do NOT

preclude employers

from having to comply

with the OSHA Field 

Sanitation Standard 

or other OSHA hazard 

communication 

requirements that are

intended to protect

workers and handlers 

from agricultural

non-pesticide hazards.

170.317(d) 

Employer responsibilities for supervisors or labor contractors

assigned to carry out WPS requirements 170.317(c) 

The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) includes 

provisions that hold owners and agricultural employers liable for a WPS penalty

if another person employed by or acting for them fails to comply with any WPS

requirements. This includes labor contractors, farm managers and/or other 

supervisors in both employment and contractual relationships. 

For example, an agricultural employer may hire a labor contractor to supply

workers and to provide pesticide safety training to the workers. If the labor

contractor fails to provide appropriate safety training to the workers, the

agricultural employer is still ultimately responsible for ensuring compliance with

the training requirements. 

WPS recordkeeping responsibilities 170.309(m) & 170.313(m) 

Agricultural employers and commercial pesticide handler employers must provide

records or other information required by WPS for inspection and copying upon

request by an employee of EPA or a duly authorized representative of a Federal, 

State or Tribal agency responsible for pesticide enforcement. The required WPS 

records include: 

●		 Documentation of pesticide safety training for workers or handlers.

●		 Application information and safety data sheets.

●		 Documentation of respirator medical evaluations, fit testing and training, if

pesticide product labeling requires the use of respirators. 
COMPLIANCE WITH THE WPS

WPS — How to Comply Manual 101 

CHAPTER 7

AVOIDING DISCRIMINATION IN HIRING 

Refusing to hire an applicant who cannot understand the language or languages

in which training is usually provided may constitute discrimination on the basis

of national origin. Such discrimination is actionable under Title VII of the Civil 

Rights Act of 1964 or the Immigration Reform and Control Act of 1986 (IRCA). 

For more information about your responsibilities under Title VII of the Civil Rights 

Act of 1964, contact the U.S. Equal Employment Opportunity Commission. For

details about IRCA anti-discrimination provisions, contact the Special Counsel for 

Immigration-Related Unfair Employment Practices, U.S. Department of Justice. 

A language barrier does not exempt an employer from providing training or 

other responsibilities of the WPS. Even if training is not normally provided

in the particular language of a job applicant, or if a translator is not readily

available, employers (including agricultural employers or commercial pesticide

handler employers) are still responsible to provide the protections afforded 

under the WPS. 

WPS PENALTIES AND FINES 

Currently, a federal civil penalty of up to $2,750 per violation may be assessed 

against private applicators (owners/operators of agricultural establishments) and

other persons, and up to $18,750 per violation against commercial applicators

(owners/operators of pesticide handler establishments) and other persons. Since

Congress passed the Civil Monetary Penalty Inflation Adjustment Rule under 

the Debt Collection Improvement Act of 1996, as amended by the Federal Civil 

Penalties Inflation Adjustment Act Improvements Act of 2015, civil penalties have 

been increased due to inflation and Congress’ intent on creating deterrence to 

noncompliance. The next civil penalty adjustment is expected to occur in January 

2017. 
102 

CHAPTER 7

EPA’S COMPLIANCE ASSURANCE PROCESS 

EPA, state, and some tribes usually monitor compliance with WPS regulations 

through periodic inspections. Your establishment may be inspected if it was 

the subject of a complaint or tip, was randomly selected, or was targeted for

inspection. 

The inspector will gather information to assess whether your establishment is in

compliance with the WPS requirements. You should accompany the inspector 

and ask questions if you are unclear about any WPS requirements. 

If violations of law are identified and documented properly as a result of

an inspection, pesticide regulatory agencies may initiate a civil or criminal

enforcement action. EPA typically initiates a civil enforcement action by filing an 

administrative complaint with the Office of Administrative Law Judges, pursuant 

to the procedural rule set forth in 40 CFR, Part 22. EPA may also initiate a 

criminal action in federal court to address knowing and willful FIFRA violations. 

Typical types of enforcement actions include the following:

● A warning letter. 

● An administrative order. 

● An administrative order with penalty. 

● A civil lawsuit. 

● Criminal prosecution. 

The penalty in a given case will depend on many things, including:

● The number, length, and severity of the violations, 

● The economic benefit obtained by the violator, and 

● The violator’s ability to pay. 
APPENDIX A 

WORKER PROTECTION STANDARD DEFINITIONS
 

These definitions will help you determine whether you are affected by the WPS. 

The commercial 

pesticide handling

establishment is the 

business that is owned 

or operated by the

commercial pesticide

handler employer. 

The following key terms have very specific meanings in the WPS. 170.305
 

Note: These definitions may be different from definitions found in state

and other federal laws and regulations. 

Agricultural employer - any person who is an owner of, or is responsible for the

management or condition of, an agricultural establishment, and who employs any

worker or handler. 

Agricultural establishment - any farm, forest operation, or nursery engaged in

the outdoor or enclosed space production of agricultural plants. An establishment 

that is not primarily agricultural is an agricultural establishment if it produces

agricultural plants for transplant or use (in part or their entirety) in another

location instead of purchasing the agricultural plants. 

Agricultural plant - any plant, or part thereof, grown, maintained, or otherwise

produced for commercial purposes, including growing, maintaining or otherwise

producing plants for sale, trade, for research or experimental purposes, or for use

in part or their entirety in another location. Agricultural plant includes, but is not 

limited to, grains, fruits and vegetables; wood fiber or timber products; flowering

and foliage plants and trees; seedlings and transplants; and turf grass produced

for sod. Agricultural plant does not include pasture or rangeland used for grazing. 

Application exclusion zone (AEZ) - the area surrounding the application

equipment that must be free of all persons other than appropriately trained and

equipped handlers during pesticide applications. 

Chemigation - the application of pesticides through irrigation systems. 

Closed system - an engineering control used to protect handlers from pesticide

exposure hazards when mixing and loading pesticides. 

Commercial pesticide handler employer (CPHE) - any person, other than an

agricultural employer, who employs any handler to perform handler activities on 

an agricultural establishment. A labor contractor who does not provide pesticide 

application services or supervise the performance of handler activities, but

merely employs laborers who perform handler activities at the direction of an

agricultural or handler employer, is not a commercial pesticide handler employer. 

Commercial pesticide handling establishment – any enterprise, other than

an agricultural establishment, that provides pesticide handler or crop advising

services to agricultural establishments. 

103 
104 

APPENDIX

The definition of “Crop

Advisor” applies to

either certified or noncertified crop advisor. 

Pesticide distribution as 

used in the definition of 

a crop advisor refers to

assessing the pesticide

coverage, dispersal,

dissemination, pattern,

etc., to determine if 

there was appropriate

distribution of the 

material during

application. 

The term “Handler” 

does not include any

person who is only

handling unopened

pesticide containers or

pesticide containers

that have been emptied

and cleaned according

to pesticide product

labeling instructions. 

Crop advisor - any person who is assessing pest numbers or damage, pesticide

distribution, or the status or requirements of agricultural plants. 

Designated representative – any persons designated in writing by a worker or

handler to exercise a right of access on behalf of the worker or handler to request

and obtain a copy of the pesticide application and hazard information required by

40 CFR 170.309(h) in accordance with 40 CFR 170.311(b). 

Early entry – entry by a worker into a treated area on the agricultural

establishment after a pesticide application is complete, but before any restrictedentry interval for the pesticide has expired. 

Employ - to obtain, directly or through a labor contractor, the services of a 

person in exchange for a salary or wages, including piece-rate wages, without

regard to who may pay or who may receive the salary or wages. It includes

obtaining the services of a self-employed person, an independent contractor, 

or a person compensated by a third party, except that it does not include an 

agricultural employer obtaining the services of a handler through a commercial

pesticide handler employer or a commercial pesticide handling establishment. 

Enclosed cab – a cab with a nonporous barrier that totally surrounds the

occupant(s) of the cab and prevents dermal contact with pesticides that are being

applied outside of the cab. 

Enclosed space production - production of an agricultural plant indoors or in a

structure or space that is covered in whole or in part by any nonporous covering

and that is large enough to permit a person to enter. 

Fumigant – any pesticide that is a vapor or gas, or forms a vapor or gas upon

application, and whose pesticidal action is achieved through the gaseous or 

vapor state. 

Hand labor – any agricultural activity performed by hand or with hand tools that

causes a worker to have substantial contact with plants, plant parts, or soil or

other surfaces that may contain pesticide residues, except that hand labor does

not include operating, moving, or repairing irrigation or watering equipment or

performing crop advisor tasks. 

Handler – any person, including a self-employed person, who is employed by

an agricultural employer or commercial pesticide handler employer and performs

any of the following activities: 

●		 Mixing, loading or applying pesticides,

●		 Disposing of a pesticide,

●		 Handling opened containers of pesticides, emptying, triple-rinsing, or cleaning

pesticide containers according to pesticide product labeling instructions or

disposing of pesticide containers that have not been cleaned,

●		 Acting as a flagger, 

●		 Cleaning, adjusting, handling, or repairing the parts of mixing, loading or

application equipment that may contain pesticide residues, 
WPS DEFINITIONS

WPS — How to Comply Manual

APPENDIX 

APPENDIX A 

●		 Assisting with the application of pesticides,

●		 Entering an enclosed space after the application of a pesticide and before

the inhalation exposure level listed in the labeling has been reached or one

of the ventilation criteria established by WPS or the labeling has been met

to operate ventilation equipment, monitor air levels, or adjust or remove

coverings used in fumigation,

●		 Entering a treated area outdoors after application of any soil fumigant during

the labeling-specified entry-restricted period to adjust or remove coverings

used in fumigation, and

●		 Performing tasks as a crop advisor during any pesticide application or

restricted-entry interval, or before the inhalation exposure level listed in the

pesticide product labeling has been reached or one of the ventilation criteria

established by WPS or the pesticide product labeling has been met. 

Handler employer – any person who is self-employed as a handler or who

employs any handler. 

Immediate family – is limited to the spouse, parents, stepparents, foster parents, 

father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, 

daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, 

sisters-in-law, aunts, uncles, nieces, nephews, and first cousins. “First cousin” 

means the child of a parent’s sibling, i.e., the child of an aunt or uncle. 

Labor contractor – a person, other than a commercial pesticide handler, who 

employs workers or handlers to perform tasks on an agricultural establishment

for an agricultural employer or a commercial pesticide handler employer. 

Outdoor production – production of an agricultural plant in an outside area that

is not enclosed or covered in any way that would obstruct the natural airflow. 

Owner - any person who has a present possessory interest (fee, leasehold,

rental, or other) in an agricultural establishment. A person who has both leased 

such agricultural establishment to another person and granted that same person

the right and full authority to manage and govern the use of such agricultural

establishment is not an owner for purposes of this part. 

Personal protective equipment (PPE) – devices and apparel that are worn to

protect the body from contact with pesticides or pesticide residues, including,

but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves,

chemical-resistant footwear, respirators, chemical-resistant aprons, chemicalresistant headgear, and protective eyewear. 

Restricted-entry interval (REI) - the time after the end of a pesticide application

during which entry into the treated area is restricted. 

Safety data sheet (SDS) – has the same meaning as the definition at 29 CFR

1910.1200(c). 

Treated area - any area to which a pesticide is being directed or has been

directed. 

The SDS (formerly

called a MSDS) is

written or printed

material concerning a

hazardous chemical 

that is prepared by the

manufacturer or the 

company importing the

product describing the

physical and chemical

properties of the

product according to

specific guidelines. 

105 
106 

APPENDIX

Use – as in “to use a pesticide” means any of the following: 

●		 Pre-application activities, including, but not limited to:

●		 Arranging for the application of the pesticide,

●		 Mixing and loading the pesticide,

●		 Making necessary preparations for the application of the pesticide, including

responsibilities related to worker notification, training of workers or handlers,

providing decontamination supplies, providing pesticide safety information

and pesticide application and hazard information, use and care of personal

protective equipment, providing emergency assistance, and heat stress 

management.

●		 Application of the pesticide.

●		 Post-application activities intended to reduce the risks of illness and

injury resulting from handlers’ and workers’ occupational exposures to 

pesticide residues during and after the restricted-entry interval, including

responsibilities related to worker notification, training of workers or early-entry

workers, providing decontamination supplies, providing pesticide safety

information and pesticide application and hazard information, use and care

of personal protective equipment, providing emergency assistance, and heat 

stress management.

●		 Other pesticide-related activities, including, but not limited to, transporting

or storing pesticides that have been opened, cleaning equipment, and

disposing of excess pesticides, spray mix, equipment wash waters, pesticide

containers, and other pesticide containing materials. 

Worker – any person, including a self-employed person, who is employed and

performs activities directly relating to the production of agricultural plants on an

agricultural establishment. 

Worker housing area – any place or area of land on or near an agricultural

establishment where housing or space for housing is provided for workers or

handlers by an agricultural employer, owner, labor contractor, or any other person 

responsible for the recruitment or employment of agricultural workers. 
APPENDIX B 

WORKER PROTECTION STANDARD CRITERIA 

CRITERIA FOR PESTICIDE SAFETY INFORMATION DISPLAY .... 108
 

CRITERIA TO QUALIFY AS A WPS TRAINER .................. 109
 

CRITERIA FOR WORKER TRAINING ......................... 109
 

CRITERIA FOR HANDLER TRAINING ........................ 112
 

CRITERIA FOR WPS TRAIN-THE-TRAINER PROGRAMS ........ 115
 

MEDICAL RECOMMENDATION AND RECORDKEEPING FOR 

RESPIRATORS........................................... 116
 

OSHA-ACCEPTED RESPIRATOR FIT TESTING PROCEDURES ... 116
 

RESPIRATOR TRAINING CRITERIA REQUIRED BY WPS ........ 116
 

An updated pesticide safety information display poster and updated worker and

handler training content will be developed before January 2, 2018. 

107 
108 

APPENDIX

CRITERIA FOR PESTICIDE SAFETY INFORMATION 

DISPLAY 

Pesticide safety information can be either the WPS safety information poster

developed by EPA, or an equivalent way of providing information on the following 

safety concepts. Agricultural employers may use the EPA safety posters or 

display the information in an alternate format that complies with the WPS

requirements. 

Before January 2, 2018, the pesticide safety information consistent with the

2005 WPS does not change. The content of the safety information may contain 

either the information consistent with the current EPA pesticide safety poster 

based on the 1995 WPS or the information required by the 2015 WPS revision. 

After January 2, 2018, the pesticide safety information must include all of the

points listed below: 

●		 Avoid getting on the skin or into the body any pesticides that may be on 

or in plants, soil, irrigation water, tractors, and other equipment, on used 

personal protective equipment, or drifting from nearby applications.

●		 Wash before eating, drinking, using chewing gum or tobacco, or using the 

toilet. 

●		 Wear work clothing that protects the body from pesticide residues (longsleeved shirts, long pants, shoes and socks, and a hat or scarf).

●		 Wash or shower with soap and water, shampoo hair, and put on clean 

clothes after work. 

●		 Wash work clothes separately from other clothes before wearing them 

again.

●		 If pesticides are spilled or sprayed on the body use decontamination

supplies to wash immediately, or rinse off in the nearest clean water, 

including springs, streams, lakes or other sources if more readily available

than decontamination supplies, and as soon as possible, wash or shower

with soap and water, shampoo hair, and change into clean clothes. 

●		 Follow directions about keeping out of treated areas and application

exclusion zones. 

●		 Instructions to employees to seek medical attention as soon as possible if

they believe they have been poisoned, injured, or made ill by pesticides.

●		 The name, address, and telephone number of a nearby operating medical

care facility capable of providing emergency medical treatment. This 

information must be clearly identified as emergency medical contact

information on the display. 

●		 The name, address, and telephone number of the state or tribal pesticide

regulatory agency. 
WPS CRITERIA APPENDIX B

WPS — How to Comply Manual 109 

APPENDIX

CRITERIA TO QUALIFY AS A WPS TRAINER 

The person who conducts worker training must:

●		 Currently be certified as an applicator of restricted-use pesticides (in any

category of certification), or

●		 Currently be designated as a trainer of certified pesticide applicators,

handlers or workers, by the EPA, or a State or Tribal agency responsible for 

pesticide enforcement, or

●		 Have completed an EPA-approved pesticide safety train-the-trainer program 

for trainers of workers. 

WPS trained handlers may NOT train workers unless they meet one of these

qualifications for conducting worker training. 

The person who conducts handler training must:

●		 Currently be certified as an applicator of restricted-use pesticides (in any

category of certification), or

●		 Currently be designated as a trainer of certified pesticide applicators or

handlers by EPA, or a State or Tribal agency responsible for pesticide 

enforcement, or 

●		 Have completed an EPA-approved pesticide safety train-the-trainer program 

for trainers of handlers. 

CRITERIA FOR WORKER TRAINING 

As of January 2, 2017, all WPS training materials must be approved by EPA.

WPS training materials produced by EPA will bear the official EPA logo and have 

an EPA publication number. WPS training materials that have been developed 

by others and approved by EPA will bear an EPA approval number and an EPA

statement of approval for use in WPS training. 

Until January 2, 2018: WPS training materials for workers must include at least

the following information: 

1.		 Where and in what form pesticides may be encountered during work

activities. 

2.		 Hazards of pesticides resulting from toxicity and exposure, including acute

effects, chronic effects, delayed effects, and sensitization. 

3.		 Routes through which pesticides can enter the body. 

4.		 Signs and symptoms of common types of pesticide poisoning.

5.		 Emergency first aid for pesticide injuries or poisonings.

6.		 How to obtain emergency medical care.

7.		 Routine and emergency decontamination procedures, including emergency

eyeflushing techniques.

8.		 Hazards from chemigation and drift.

9.		 Hazards from pesticide residues on clothing.

10. Warnings about taking pesticides or pesticide containers home. 

11. An explanation of the WPS requirements designed to protect workers,

including application and entry restrictions, design of the warning sign,

posting of warning signs, oral warnings, availability of specific information

about applications, and protection against retaliatory acts. 
110 

APPENDIX

After January 2, 2018 (or six months after EPA announces the availability of 

training materials but not earlier than January 2, 2018) the content of worker

training materials must be approved by EPA and must include, at a minimum, all 

of the following topics: 

1.		 The responsibility of agricultural employers to provide workers and handlers

with information and protections designed to reduce work-related pesticide

exposures and illnesses. This includes: 

●		 Ensuring workers and handlers have been trained on pesticide safety, 

●		 Providing pesticide safety and application and hazard information,

decontamination supplies and emergency medical assistance,

●		 Notifying workers of restrictions during applications and on entering

pesticide treated areas, and

●		 Informing a worker or handler that they may designate in writing a

representative to request access to pesticide application and hazard

information. 

2.		 How to recognize and understand the meaning of the posted warning signs

used for notifying workers of restrictions on entering pesticide treated areas

on the establishment. 

3.		 How to follow directions and/or signs about keeping out of pesticide treated

areas subject to a REI and application exclusion zones.

4.		 Where and in what forms pesticides may be encountered during work

activities, and potential sources of pesticide exposure on the agricultural

establishment. This includes exposure to pesticide residues that may be on 

or in plants, soil, tractors, application and chemigation equipment, or used

PPE, and that pesticides may drift through the air from nearby applications or

be in irrigation water. 

5.		 Potential hazards from toxicity and exposure that pesticides present to

workers and their families, including acute and chronic effects, delayed 

effects, and sensitization. 

6.		 Routes through which pesticides can enter the body. 

7.		 Signs and symptoms of common types of pesticide poisoning.

8.		 Emergency first aid for pesticide injuries or poisonings.

9.		 Routine and emergency decontamination procedures, including emergency

eye flushing techniques, and if pesticides are spilled or sprayed on the

body to use decontamination supplies to wash immediately or rinse off in 

the nearest clean water, including springs, streams, lakes or other sources 

if more readily available than decontamination supplies, and as soon as

possible, wash or shower with soap and water, shampoo hair, and change 

into clean clothes. 
WPS CRITERIA APPENDIX B

WPS — How to Comply Manual 111 

APPENDIX

10. How and when to obtain emergency medical care.

11. When working in pesticide treated areas, wear work clothing that protects the

body from pesticide residues and wash hands before eating, drinking, using

chewing gum or tobacco, or using the toilet.

12. Wash or shower with soap and water, shampoo hair, and change into clean 

clothes as soon as possible after working in pesticide treated areas.

13. Potential hazards from pesticide residues on clothing.

14. Wash work clothes before wearing them again and wash them separately 

from other clothes. 

15. Do not take pesticides or pesticide containers used at work to your home.

16. Safety data sheets provide hazard, emergency medical treatment and other

information about the pesticides used on the establishment they may come

in contact with. The responsibility of agricultural employers to do all of the 

following:

●		 Display safety data sheets for all pesticides used on the establishment.

●		 Provide workers and handlers information about the location of the safety

data sheets on the establishment. 

●		 Provide workers and handlers unimpeded access to safety data sheets

during normal work hours.

17. The rule prohibits agricultural employers from allowing or directing any worker

to mix, load or apply pesticides or assist in the application of pesticides

unless the worker has been trained as a handler. 

18. The responsibility of agricultural employers to provide specific information to

workers before directing them to perform early-entry activities. Workers must 

be 18 years old to perform early-entry activities.

19. Potential hazards to children and pregnant women from pesticide exposure.

20. Keep children and nonworking family members away from pesticide treated 

areas. 

21. After working in pesticide treated areas, remove work boots or shoes before

entering your home, and remove work clothes and wash or shower before

physical contact with children or family members.

22. How to report suspected pesticide use violations to the State or Tribal agency 

responsible for pesticide enforcement.

23. The rule prohibits agricultural employers from intimidating, threatening,

coercing, or discriminating against any worker or handler for complying

with or attempting to comply with the requirements of this rule, or because

the worker or handler provided, caused to be provided or is about to

provide information to the employer or the EPA or its agents regarding 

conduct that the employee reasonably believes violates this part, and/or

made a complaint, testified, assisted, or participated in any manner in an

investigation, proceeding, or hearing concerning compliance with this rule. 
112 

APPENDIX

CRITERIA FOR HANDLER TRAINING 

As of January 2, 2017, all WPS training materials must be approved by EPA.

WPS training materials produced by EPA will bear the official EPA logo and have 

an EPA publication number. WPS training materials that have been developed 

by others and approved by EPA will bear an EPA approval number and an EPA

statement of approval for use for WPS training. 

Until January 2, 2018: WPS training materials for handlers must include at least

the following information: 

1.		 Format and meaning of information on pesticide labels and in labeling,

including safety information such as precautionary statements about human

health hazards. 

2.		 Hazards of pesticides resulting from toxicity and exposure, including acute

effects, chronic effects, delayed effects, and sensitization. 

3.		 Routes through which pesticides can enter the body. 

4.		 Signs and symptoms of common types of pesticide poisoning.

5.		 Emergency first aid for pesticide injuries or poisonings.

6.		 How to obtain emergency medical care.

7.		 Routine and emergency decontamination procedures, including emergency

eyeflushing techniques.

8.		 Need for and appropriate use of personal protective equipment.

9.		 Prevention, recognition, and first aid treatment of heat-related illness.

10. Safety requirements for handling, transporting, storing, and disposing of

pesticides, including general procedures for spill cleanup.

11. Environmental concerns such as drift, runoff, and wildlife hazards. 

12. Warnings about taking pesticides or pesticide containers home. 

13. An explanation of WPS requirements that handler employers must follow

for the protection of handlers and others, including the prohibition against

applying pesticides in a manner that will cause contact with workers or

other persons, the requirement to use personal protective equipment, the

provisions for training and decontamination, and the protection against

retaliatory acts. 

After January 2, 2018 (or six months after EPA announces the availability of 

training materials but not earlier than January 2, 2018) the content of handler

training materials must be approved by EPA and must include, at a minimum, all 

of the following topics: 

1.		 The responsibility of agricultural employers to provide workers and handlers

with information and protections designed to reduce work-related pesticide

exposures and illnesses. This includes:

●		 Ensuring workers and handlers have been trained on pesticide safety, 

●		 Providing pesticide safety and application and hazard information,

●		 Providing decontamination supplies and emergency medical assistance,

●		 Notifying workers of restrictions during applications and on entering

pesticide treated areas, and

●		 Informing workers or handlers that they may designate, in writing, a

representative to request access to pesticide application and hazard

information. 
WPS CRITERIA APPENDIX B

WPS — How to Comply Manual 113 

APPENDIX

2.		 How to recognize and understand the meaning of the posted warning signs

used for notifying workers of restrictions on entering pesticide treated areas

on the establishment. 

3.		 How to follow directions and/or signs about keeping out of pesticide treated

areas subject to a REI and application exclusion zones (AEZ).

4.		 Where and in what forms pesticides may be encountered during work

activities, and potential sources of pesticide exposure on the agricultural

establishment. This includes exposure to pesticide residues that may be on 

or in plants, soil, tractors, application and chemigation equipment, or used

PPE, and that pesticides may drift through the air from nearby applications or

be in irrigation water. 

5.		 Potential hazards from toxicity and exposure that pesticides present to

workers, handlers and their families, including acute and chronic effects, 

delayed effects, and sensitization. 

6.		 Routes through which pesticides can enter the body. 

7.		 Signs and symptoms of common types of pesticide poisoning.

8.		 Emergency first aid for pesticide injuries or poisonings.

9.		 Routine and emergency decontamination procedures, including emergency

eye flushing techniques, and if pesticides are spilled or sprayed on the

body to use decontamination supplies to wash immediately or rinse off in 

the nearest clean water, including springs, streams, lakes or other sources 

if more readily available than decontamination supplies, and as soon as

possible, wash or shower with soap and water, shampoo hair, and change 

into clean clothes. 

10. How and when to obtain emergency medical care.

11. When working in pesticide treated areas, wear work clothing that protects the

body from pesticide residues and wash hands before eating, drinking, using

chewing gum or tobacco, or using the toilet.

12. Wash or shower with soap and water, shampoo hair, and change into clean 

clothes as soon as possible after working in pesticide treated areas.

13. Potential hazards from pesticide residues on clothing.

14. Wash work clothes before wearing them again and wash them separately 

from other clothes. 

15. Do not take pesticides or pesticide containers used at work to your home.

16. Safety data sheets provide hazard, emergency medical treatment and other

information about the pesticides used on the establishment they may come

in contact with. It is the responsibility of agricultural employers to do all of the

following:

●		 Display safety data sheets (SDS) for all pesticides used on the

establishment. 

●		 Provide workers and handlers information about the location of the SDS 

on the establishment. 

●		 Provide workers and handlers unimpeded access to SDS during normal

work hours. 

17. The rule prohibits agricultural employers from allowing or directing any worker

to mix, load or apply pesticides or assist in the application of pesticides

unless the worker has been trained as a handler. 

18. The responsibility of agricultural employers to provide specific information to

workers before directing them to perform early-entry activities. Workers must 

be 18 years old to perform early-entry activities. 
114 

APPENDIX

19. Potential hazards to children and pregnant women from pesticide exposure.

20. Keep children and nonworking family members away from pesticide treated 

areas. 

21. After working in pesticide treated areas, remove work boots or shoes before

entering your home, and remove work clothes and wash or shower before

physical contact with children or family members.

22. How to report suspected pesticide use violations to the State or Tribal agency 

responsible for pesticide enforcement.

23. The rule prohibits agricultural employers from intimidating, threatening,

coercing, or discriminating against any worker or handler for complying

with or attempting to comply with the requirements of this rule, or because

the worker or handler provided, caused to be provided or is about to

provide information to the employer or the EPA or its agents regarding 

conduct that the employee reasonably believes violates this part, and/or

made a complaint, testified, assisted, or participated in any manner in an

investigation, proceeding, or hearing concerning compliance with this rule.

24. Information on proper application and use of pesticides.

25. Handlers must follow the portions of the labeling applicable to the safe use of

the pesticide.

26. Format and meaning of information contained on pesticide labels and in

labeling applicable to the safe use of the pesticide.

27. Need for and appropriate use and removal of all PPE.

28. How to recognize, prevent, and provide first aid treatment for heat-related

illness. 

29. Safety requirements for handling, transporting, storing, and disposing of

pesticides, including general procedures for spill cleanup.

30. Environmental concerns, such as drift, runoff, and wildlife hazards. 

31. Handlers must not apply pesticides in a manner that results in contact with

workers or other persons.

32. The responsibility of handler employers to provide handlers with information

and protections designed to reduce work-related pesticide exposures and

illnesses. This includes: 

●		 Providing, cleaning, maintaining, storing, and ensuring proper use of all

required PPE,

●		 Providing decontamination supplies, and

●		 Providing specific information about pesticide use and labeling

information. 

33. Handlers must suspend a pesticide application if workers or other persons

are in the application exclusion zone (AEZ).

34. Handlers must be at least 18 years old.

35. The responsibility of handler employers to ensure handlers have received

respirator fit-testing, training and medical evaluation if they are required to

wear a respirator by the product labeling.

36. The responsibility of agricultural employers to post treated areas as required

by this rule. 
WPS CRITERIA APPENDIX B

WPS — How to Comply Manual 115 

APPENDIX

CRITERIA FOR WPS TRAIN-THE-TRAINER PROGRAMS 

Persons seeking to become trainers of workers and handlers must be qualified

to train. One way to qualify is by completing an EPA approved train-the-trainer 

(TTT) program. This requirement becomes effective on January 2, 2017. 

EPA has prepared a comprehensive guidance document to facilitate the 

development of WPS train-the-trainer programs that meet EPA requirements. A

few of the key points are presented below. 

How to request EPA’s approval of a WPS TTT program: You may request 

approval for a train-the-trainer program by email. The email submission to EPA

should include: 

●		 The requester’s name, affiliation, contact information (email, telephone 

number),

●		 The materials in English,

●		 Whether the program covers trainers of workers, handlers, or both,

●		 Method of delivery (in-person, online, audiovisual, other media),

●		 Non-English language translations planned & how translation will be verified

as accurate, and 

●		 If documentation of trainer’s successful completion of the course will be 

provided, list the contents and, if possible, provide an example form. 

All submissions should be sent electronically by email to all of the following: 

●		 Kathy Davis, at davis.kathy@epa.gov

●		 Jeanne Kasai at kasai.jeanne@epa.gov

●		 EPA Regional WPS Coordinator 

Format: The materials should be in an electronic draft form to allow for editing

based on EPA comments. 

Language: The materials should be submitted in English. 

Training content: The materials should provide instruction on providing training

that covers the worker training content (170.401(c)(3)(i)-(xxiii)) and/or handler

training content (170.501(c)(3)(i)-(xiv)) required by the rule as published on

November 2, 2015. 

Specific guidance is available on the website at:

https://www.epa.gov/pesticide-worker-safety/worker-protection-standard-traintrainer-programs-approval-process-and 
116 

APPENDIX

MEDICAL RECOMMENDATION AND RECORDKEEPING 

FOR RESPIRATORS 

In determining the employee’s ability to use a respirator, the handler employer 

must obtain a written recommendation regarding the employee’s ability to use the 

respirator from the physician or other licensed health care professional (PLHCP). 

The recommendation must provide only the following information: 

1.		 Any limitations on respirator use related to the medical condition of the

employee, or relating to the workplace conditions in which the respirator will

be used, including whether or not the employee is medically able to use the

respirator;

2.		 The need, if any, for follow-up medical evaluations; and 

3.		 Verification that the PLHCP has provided the employee with a copy of the 

PLHCP’s written recommendation. 

A copy of this medical recommendation from the PLHCP fulfills the 

required WPS record of the medical evaluation. Maintain the copy of the

written determination (medical release) for at least 2 years, or until a subsequent

medical evaluation is conducted. 

The employer should not see or have a copy of the handler’s medical evaluation 

questionnaire, which contains private medical information. 

OSHA-ACCEPTED RESPIRATOR FIT TESTING 

PROCEDURES 

The OSHA-accepted fit testing procedures are taken directly from the OSHA

regulations and due to the length of the document, the procedures in their

entirety may be found on the OSHA website at: www.osha.gov/pls/oshaweb/

owadisp.show_document?p_table=STANDARDS&p_id=9780 

RESPIRATOR TRAINING CRITERIA REQUIRED BY WPS 

The handler employer must ensure each handler can demonstrate knowledge of

at least the following: 

1.		 Why the respirator is necessary and how improper fit, usage, or maintenance

can compromise the protective effect of the respirator; 

2.		 What the limitations and capabilities of the respirator are;

3.		 How to use the respirator effectively in emergency situations, including 

situations in which the respirator malfunctions;

4.		 How to inspect, put on and remove, use, and check the seals of the

respirator;

5.		 What the procedures are for maintenance and storage of the respirator; and

6.		 How to recognize medical signs and symptoms that may limit or prevent the

effective use of respirators. 
APPENDIX C 

WORKER PROTECTION STANDARD CHECKLISTS
 

WPS REQUIREMENTS FOR AGRICULTURAL EMPLOYERS OF 

WORKERS .............................................. 118
 

WPS REQUIREMENTS FOR AGRICULTURAL EMPLOYERS OF 

HANDLERS.............................................. 119
 

WPS REQUIREMENTS FOR THE USE OF RESPIRATORS ....... 120
 

WPS REQUIREMENTS FOR COMMERCIAL PESTICIDE HANDLER 

EMPLOYERS ............................................ 121
 

WPS REQUIREMENTS FOR AGRICULTURAL ESTABLISHMENT 

OWNERS AND IMMEDIATE FAMILY MEMBERS ................ 122
 

WPS EXEMPTIONS FOR AGRICULTURAL ESTABLISHMENT 

OWNERS AND IMMEDIATE FAMILY MEMBERS ................ 123
 

117 
118 

APPENDIX

WPS REQUIREMENTS FOR AGRICULTURAL

EMPLOYERS OF WORKERS (Chapters 2 & 3) 

☐ Complete WPS worker training before conducting worker tasks.

☐ Keep records of WPS worker training and provide record to workers if

requested.

☐ Display pesticide safety information at the central location and, if applicable,

decontamination locations. 

☐ Display pesticide application and hazard information at the central location. 

☐ Keep records of the pesticide application and hazard information for 2 yrs.

☐ Provide establishment-specific information to workers.

☐ Provide pesticide application and hazard information upon request of worker, 

medical personnel or designated representative.

☐ Notify workers of applications – posting, oral warning, or both.

☐ Provide information (Information Exchange) to Commercial Pesticide Handler

Employer (CPHE) (i.e., custom application or crop advisor).

☐ Provide tasks and instructions to worker supervisors to ensure compliance

with WPS requirements.

☐ Ensure supervisors give directions to workers for WPS compliance.

☐ Ensure workers do not work on pesticide equipment without receiving handler

training. Ensure any individual not directly employed receives information on

pesticides before using, cleaning, repairing, etc. pesticide equipment.

☐ Follow restrictions DURING applications to keep workers and other persons

out of certain areas (treated area and AEZ, or enclosed space production 

facility).

☐ Follow other restrictions DURING applications (do not contact worker or other

person directly or through drift; and applicator must temporarily suspend the

application if workers or other persons are in the AEZ or enclosed space 

production facility).

☐ Follow restrictions AFTER applications (i.e., REI, label restrictions, etc.). 

☐ Provide decontamination supplies at required locations.

☐ Make emergency assistance available (information and transportation).

☐ Have EARLY-ENTRY WORKERS? 

☐ Minimum age of 18 years old for early-entry workers.

☐ Provide clean PPE in operating condition to early-entry workers.

☐ Provide information to early-entry workers and comply with applicable

early entry exception. 
WPS CHECKLISTS APPENDIX C

WPS — How to Comply Manual 119 

APPENDIX

WPS REQUIREMENTS FOR AGRICULTURAL

EMPLOYERS OF HANDLERS (Chapters 2 & 4) 

☐ Ensure handlers are a minimum of 18 years old.

☐ Complete WPS handler training before conducting handler tasks.

☐ Keep records of WPS handler training and provide record to handlers if requested.

☐ Display pesticide safety information at the central location and, if applicable, decontamination

locations. 

☐ Display pesticide application and hazard information at the central location. 

☐ Keep records of the pesticide application information and SDSs for 2 yrs.

☐ Provide establishment-specific information to handlers.

☐ Provide pesticide application information and SDSs on request of handler, medical personnel or 

designated representative.

☐ Provide handler with training/instruction on safe operation of pesticide equipment and all

application equipment is inspected daily for leaks, etc. and repaired if necessary. 

☐ Read to, or inform, handlers of pesticide label statements related to human hazards, first aid &

safety, in a manner they can understand. 

☐ Have pesticide label available to handler at all times during application.

☐ Provide tasks and instructions to handler supervisors to ensure compliance with WPS

requirements.

☐ Ensure supervisors give directions to handlers for WPS compliance.

☐ Provide information (Information Exchange) to Commercial Pesticide Handler Employer (CPHE)

(i.e., custom application or crop advisor).

☐ Ensure handlers do not work on pesticide equipment without receiving handler training. Ensure

any individual not directly employed receives information on pesticides before using, cleaning,

repairing, etc. pesticide equipment.

☐ Provide clean PPE in operating condition to handlers.

☐ Only exceptions to handler PPE are those allowed by WPS.

☐ Follow restrictions DURING applications to keep workers and other persons out of certain areas

(treated area and AEZ or enclosed space production area). 

☐ Follow other restrictions DURING applications (Do not contact workers or other persons directly or

through drift; and applicator temporarily suspends the application if workers or other persons are

in the AEZ or enclosed space production area). 

☐ Monitor handler every 2 hours visually or by voice communication for applications of pesticides

with skull & crossbones on label. 

☐ Fumigant applications in enclosed space production facilities – have a second handler outside of

the enclosed space to continuously monitor (voice or visual), or rescue the applicator if necessary. 

Must have second set of required PPE outside of application space.

☐ If a respirator is required, follow respirator requirements (i.e., medical evaluation, fit testing,

respirator training) and ensure that all records of completion of these tasks kept for 2 years.

☐ Provide decontamination supplies (and eye flushing supplies, if required) at required locations.

☐ Make emergency assistance available (information and transportation). 
120 

APPENDIX

WPS REQUIREMENTS FOR THE USE OF

RESPIRATORS (Chapter 4) 

☐ Respirator medical evaluation conducted and a copy of the medical

recommendation maintained. 

☐ Respirator fit test conducted annually and records maintained of results.

☐ Respirator training conducted annually and records maintained.

☐ Respirator seal check conducted prior to using the respirator. 

☐ Respirator cleaned and maintained according to manufacturer’s 

recommendations. 

☐ Respirator canisters, cartridges or filters meet change-out schedules. 
WPS CHECKLISTS APPENDIX C

WPS — How to Comply Manual 121 

APPENDIX

WPS REQUIREMENTS FOR COMMERCIAL

PESTICIDE HANDLER EMPLOYERS (Chapter 5)
 

☐ Ensure handlers are a minimum of 18 years old.

☐ Complete WPS handler training before conducting handler tasks.

☐ Keep records of WPS handler training and provide record to handlers if

requested.

☐ Provide handler with training/instruction on safe operation of pesticide

equipment and all application equipment is inspected daily for leaks, etc. and

repaired if necessary. 

☐ Read to, or inform, handlers of pesticide label statements related to human

hazards, first aid & safety, in a manner they can understand. 

☐ Have pesticide label available to handler at all times during application.

☐ Provide tasks and instructions to handler supervisors to ensure compliance

with WPS requirements.

☐ Ensure supervisors give directions to handlers for WPS compliance.

☐ Provide information (Information Exchange) to agricultural employer

(customer) prior to application.

☐ Give your handler the information about treated areas that the agricultural

employer (customer) provided to the CPHE (Information exchange).

☐ Ensure handlers do not work on pesticide equipment without receiving

handler training (ensure any individual not directly employed receives

information on pesticides before using, cleaning, repairing, etc. pesticide

equipment).

☐ Provide clean PPE in operating condition to handlers.

☐ Only exceptions to handler PPE are those allowed by WPS.

☐ Provide decontamination supplies (and eye flushing supplies if required) at

required locations.

☐ Follow restrictions DURING applications to keep workers and other persons

out of certain areas (treated area and AEZ or enclosed space production 

area).

☐ Follow relevant restrictions DURING applications (do not contact workers or

other persons directly or through drift; and applicator temporarily suspends

the application if workers or other persons are in the AEZ or enclosed space 

production area).

☐ Monitor handler every 2 hours visually or by voice communication for

applications of pesticides with skull & crossbones on label.

☐ Fumigant applications in enclosed space production facilities – have a

second handler outside of the enclosed space to continuously monitor (voice

or visual), or rescue the applicator if necessary. Must have second set of 

required PPE outside of application space.

☐ If a respirator is required, follow respirator requirements (i.e., medical

evaluation, fit testing, respirator training) and ensure that all records of

completion of these tasks kept for 2 years.

☐ Make emergency assistance available (information and transportation). 
122 

APPENDIX

WPS REQUIREMENTS FOR AGRICULTURAL

ESTABLISHMENT OWNERS AND IMMEDIATE 

FAMILY MEMBERS (Chapter 6) 

The owner of an agricultural establishment is EXEMPT from some WPS 

protections for the agricultural establishment owner and the owner’s immediate 

family members. Agricultural production must be on their establishment. 

Owners of agricultural establishments and their immediate family members

MUST COMPLY with all of the following WPS requirements when using 

WPS-labeled pesticide products: 

☐ Ensure that any pesticide applied is used in a manner consistent with the

product’s labeling (i.e., use directions, restrictions, etc.). 

☐ Ensure pesticide is applied so it does not contact anyone, including members

of the immediate family (requirement on label and in WPS) and temporarily

suspend the application if workers or other persons are in the AEZ or 

enclosed space area.

☐ Use the PPE and other work attire listed on pesticide labeling (and are

eligible for the allowable exceptions to PPE, such as using a closed system).

☐ Keep everyone, including members of the immediate family, away from the 

treated area and the application exclusion zone during the application.

☐ Keep immediate family members out of the treated area until the REI expires.

☐ When respirators are required on the pesticide labeling, follow WPS

requirements for training, medical evaluation, fit testing, and recordkeeping. 

After January 2, 2018, any handler must suspend a pesticide application

if a worker or other person is in the AEZ during the application. 
WPS CHECKLISTS APPENDIX C

WPS — How to Comply Manual 123 

APPENDIX

WPS EXEMPTIONS FOR AGRICULTURAL 

ESTABLISHMENT OWNERS AND IMMEDIATE 

FAMILY MEMBERS (Chapter 6) 

The owner of an agricultural establishment is EXEMPT from the following

WPS protections. These exemptions are for the agricultural establishment 

owner and the owner’s immediate family members. These protections must be

provided to any non-family workers and handlers employed by the establishment.

Agricultural production must be on their establishment. 

WPS provisions that agricultural establishment owners and immediate

family do NOT have to follow are: 

☐ Minimum age requirement for handlers and early‐entry workers.

☐ Training requirements for workers and handlers and training records. 

☐ Displaying, maintaining, and providing access to pesticide safety, pesticide 

application and hazard information.

☐ Oral and posted notifications of worker entry restrictions including posting

pesticide safety, application and safety data sheets at a central location. 

☐ Keeping records of pesticide application and hazard information required by

WPS. 

☐ Completing handler training before cleaning, repairing, or adjusting pesticide

application equipment.

☐ Providing instruction in the safe operation of equipment used for mixing,

loading, transferring or applying pesticide.

☐ Informing handler of pesticide label statements related to human hazards,

first aid and safety, in a manner they can understand. 

☐ Inspecting equipment used for mixing, loading, transferring, or applying

pesticides for leaks, clogging, and worn or damaged parts and makes repairs

if needed. 

☐ Cleaning, storing and maintaining PPE including providing heat related illness

first aid procedures.

☐ Providing establishment-specific information.

☐ Providing information before allowing a person not directly employed by the

agricultural establishment to clean, repair, or adjust equipment that has been 

used to mix, load, transfer, or apply pesticides. 

☐ Visual or voice monitoring of applicator when using a pesticide product that 

has the skull-and-crossbones symbol on the front panel unless required by

product label directions.

☐ Continuous visual or voice contact during fumigant applications.

☐ Early entry provisions including minimum age, pesticide application

information, labeling information, maintaining PPE, and decontamination

supplies.

☐ Maintaining decontamination sites and supplies.

☐ Providing emergency assistance. 
124
 

APPENDIX
 

APPENDIX D 

CONTACTS AND ADDITIONAL RESOURCES
 

EPA has ten regional offices across the country, each of which is responsible for 

several states and in some cases, territories or special environmental programs.

EPA Regional contacts may be found on the following page, or visit the following 

website: https://www.epa.gov/aboutepa/visiting-regional-office 

125 
126
 
CONTACTS AND ADDITIONAL RESOURCES APPENDIX D

WPS — How to Comply Manual 127 

APPENDIX

CONTACTS 

For more information about the Worker Protection Standard, or if you have questions 

or concerns about pesticides, contact the state or tribal agency responsible for regulating

pesticides in your area or the EPA Regional Office nearest you. 

EPA Headquarters 

EPA Office of Pesticide Programs

U.S. Environmental Protection Agency 

W.J. Clinton Building, South

1200 Pennsylvania Ave., NW 

Washington, D.C. 20460 

http://www.epa.gov/pesticides
	

EPA National Agriculture Compliance Assistance 

Center 

300 Minnesota Ave. 

Kansas City, KS 66101

(888) 663-2155 

http://www.epa.gov/agriculture
	

EPA Office of Compliance

U.S. Environmental Protection Agency 

Ariel Rios Building

1200 Pennsylvania Ave., N.W. 

Washington, D.C. 20460

(202) 564-2395

http://www.epa.gov/compliance
	

EPA Regions 

Region 1 (MA, CT, RI, NH, VT, ME)

U.S. Environmental Protection Agency, Region 1 

Pesticides Program (CPT)

Office of Ecosystem Protection (MC: OES 05-4)

5 Post Office Square, Suite 100

Boston, MA 02109-3912
	

(888) 372-7341 

https://www.epa.gov/aboutepa/forms/contacting-epa-new-england 

Region 2 (NY, NJ, PR, VI)

U.S. Environmental Protection Agency, Region 2 

Pesticide Team
	

2890 Woodbridge Ave., MS-500 

Edison, NJ 08837
	

(877) 251-4575 

https://www.epa.gov/aboutepa/forms/contact-epa-region-2
	

Region 3 (PA, MD, VA, WV, DE)

U.S. Environmental Protection Agency, Region 3 

Pesticides and Asbestos Branch 

Office of Toxics and Pesticides
	

1650 Arch St. (Mail Code 3LC42)

Philadelphia, PA 19103-2029 

(800) 438-2474

https://www.epa.gov/aboutepa/forms/contact-epas-region-3-office
	

Region 4 (GA, NC, SC, AL, MS, KY, FL, TN)

U.S. Environmental Protection Agency, Region 4 

Pesticides Section, Sam Nunn Atlanta Federal Center 

61 Forsyth St, SW

Atlanta, GA 30303-8960
	

(404) 562-8968

https://www.epa.gov/aboutepa/forms/contacting-epa-region-4-southeast 

Region 5 (IL, MI, MN, IN, OH, WI)

U.S. Environmental Protection Agency, Region 5 

Pesticide Program Section (DT-8J)

77 West Jackson Blvd. 

Chicago, IL 60604 

(312) 353-2192

https://www.epa.gov/aboutepa/region-5-expertslist [search “pesticides”]
	

Region 6 (TX, OK, AR, LA, NM)

U.S. Environmental Protection Agency, Region 6 

Pesticides Program (6PD-P)

1445 Ross Ave., Suite 1200 

Dallas, TX 75202-2750
	

(800) 887-6063

(214) 665-2760 (if calling from outside R6)

https://www.epa.gov/aboutepa/visiting-epas-region-6-office-dallas 

Region 7 (MO, KS, IA, NE)

U.S. Environmental Protection Agency, Region 7 

Pesticide Branch (PEST)

11201 Renner Blvd.
	

Lenexa, KS 66219
	

(913) 551-7033 

https://www.epa.gov/aboutepa/epa-region-7-midwest
	

Region 8 (CO, MT, ND, SD, UT, WY)

U.S. Environmental Protection Agency, Region 8 

Pesticide Program (8P-P3T)

1595 Wynkoop Street

Denver, CO 80202-1129 

(800) 227-8917

https://www.epa.gov/aboutepa/forms/contact-epas-region-8-office
	

Region 9 (CA, NV, AZ, HI, GU)

U.S. Environmental Protection Agency, Region 9 

Pesticides Section (CED-5)

75 Hawthorne St.
	

San Francisco, CA 94105 

(415) 947-8000

En español: (415) 972-3493

https://www.epa.gov/aboutepa/forms/contact-epa-region-9-pacific-southwest
	

Region 10 (WA, OR, ID, AK)

U.S. Environmental Protection Agency, Region 10 

Pesticides and Toxics Unit (OCE-101)

1200 Sixth Avenue, Suite 900 

Seattle, WA 98101-1128 

(800) 424-4372 or (206) 553-1200

https://www.epa.gov/aboutepa/forms/contact-epas-region-10-office-seattle 
128
 

APPENDIX
CONTACTS AND ADDITIONAL RESOURCES APPENDIX D

WPS — How to Comply Manual 129 

APPENDIX

ADDITIONAL RESOURCES 

EPA Office of Pesticide Programs - Worker Safety

https://www.epa.gov/pesticide-worker-safety 

EPA Worker Protection Standard - Information page

https://www.epa.gov/pesticide-worker-safety/agricultural-worker-protection-standard-wps 

Code of Federal Regulations - Worker Protection Standard

http://www.ecfr.gov/cgi-bin/text-idx?&mc=true&node=pt40.26.170&rgn=div5 

EPA Train-the-Trainer Program document

https://www.epa.gov/pesticide-worker-safety/worker-protection-standard-train-trainer-programs-approval-process-and 

Pesticide Educational Resources Collaborative 

http://pesticideresources.org/ 

Directory of State Pesticide Regulators

Association of American Pesticide Control Officials 

http://aapco.org 

Pesticide Educational Resources Collaborative: 

Inventory of WPS Resources (sample forms, fact sheets, etc.)

http://pesticideresources.org/wps/inventory.html 

Pesticide Safety Education Coordinators

http://www.ipmcenters.org/contacts/PSEPDirectory.cfm 

American Association of Pesticide Safety Educators

http://www.aapse.ext.vt.edu 

National Pesticide Information Center 

http://www.npic.orst.edu 

Tribal Pesticide Program Council

http://www.tppcwebsite.org/membership 

OSHA Fit Testing Procedures

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9780 

Laundering Pesticide-Contaminated Work Clothes

https://www.ag.ndsu.edu/publications/landing-pages/crops/laundering-peticide-work-clothes-ps-1778
	

OSHA Occupational Heat Exposure Information

https://www.osha.gov/SLTC/heatstress 
Pesticide Educational Resources Collaborative U.S. Environmental Protection Agency 

UC Davis Extension Office of Pesticide Programs (MC 7506C) 

1333 Research Park Dr 1200 Pennsylvania Ave, NW 

Davis, CA 95618 Washington, DC 20460 

pesticideresources.org epa.gov/pesticides 

EPA 735-B-16-001
	

Publication date:
	

September 2016