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SUPPORTING STATEMENT

FOR AN INFORMATION COLLECTION REQUEST (ICR)

1. IDENTIFICATION OF THE INFORMATION COLLECTION

1(a). Title of the Information Collection

Agricultural Worker Protection Standard Training and Notification (Proposed Rule)

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

1(b). Short Characterization/Abstract

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

burden of paperwork activities associated with a proposed rule, entitled “Agricultural Worker Protection 

Standard Revisions” [RIN 2070-AJ22]. This proposed rule ICR is intended to replace an existing ICR, 

currently approved under OMB Control Number 2070-0148, that covers the information collection 

requirements contained in the current Worker Protection Standard (WPS) regulations at 40 CFR Part 

170.

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

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

well as for handlers who mix, load, and apply pesticides. Agricultural employers and commercial 

pesticide handling establishments (CPHEs) are responsible for providing required training, notifications 

and information to their employees to ensure worker safety. The proposed changes to the regulation 

are intended to improve protections and include revisions to many current provisions as well as the 

addition of new requirements. The proposed rule would include expanded and more frequent training 

for workers and handlers, improved posting of pesticide-treated areas, additional information before 

entering a pesticide treated area under a Restricted Entry Interval (REI), access to more general and 

application-specific information about chemical hazards in the workplace and recordkeeping of training 

and notification activities to improve enforceability and compliance.

2. NEED FOR AND USE OF THE COLLECTION

2(a). Need/Authority for the Collection

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

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

responsibility includes promoting worker protection and safety from exposure to pesticides. Section 25 

of FIFRA (Attachment A) gives EPA broad regulatory authority for the purpose of carrying out the 

various provisions of the Act. Current regulations at 40 CFR Part 170, last revised in 1992, establish 

requirements to protect agricultural workers and pesticide handlers from the hazards of pesticides used 

in the production of agricultural plants on agricultural establishments.

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

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

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

general evidence that such risks can occur and that they can be substantially reduced; the activities 

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

evidence suggests that these paperwork activities, including the revisions in the proposed rule, will 

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

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

are not reported to EPA. Without the required training, affected employees may be unaware of the risks 
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of pesticide exposure or how to protect themselves. Without the notifications and information they 

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

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

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

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

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

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

protections.

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

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

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

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

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

to reduce or eliminate exposure to pesticides.

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

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

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

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

personnel with basic information to take responsive measures as appropriate.

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

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

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

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

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

training and notification greatly enhances the enforceability of these requirements.

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

3(a). Non-duplication

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

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

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

(RUPs) trained under the Certification and Training Program found in 40 CFR Part 171. Therefore, no 

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

was intentionally developed to avoid duplication of training.

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

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

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

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

3(c). Consultations

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

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

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

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

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

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

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

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

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

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

recommend improvements.

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

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

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

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

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

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

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

outreach, others required regulatory changes.

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

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

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

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

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

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

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

3(d). Effects of Less Frequent Collection

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

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

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

risk to agricultural workers and handlers.

3(e). General Guidelines

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

3(f). Confidentiality

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

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

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

4. THE RESPONDENTS AND THE INFORMATION REQUESTED

4(a). Respondents/NAICS Codes

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

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

greenhouse establishments. The rule does not cover persons working in livestock.
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The North American Industrial Classification System (NAICS) codes have been provided in the 

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

intended to be exhaustive.

NAICS Code Examples of Potentially Affected Entities 

111 - Crop production Agricultural employers – farms and greenhouses

113 - Forestry and logging Agricultural employers – forests

115 - Support activities for agriculture and forestry Commercial employers

4(b). Information Requested

The regulation contains paperwork related requirements for information exchanges and 

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

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

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

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

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

related to those information collection requirements.

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

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

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

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

the potential exposure to pesticides.

(i). Data items, including recordkeeping requirements

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

CFR Part 170, assuming that proposed amendments will become final.

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

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

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

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

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

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

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

provided.

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

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

decontamination supplies are required, and expands the amount of information to be displayed.

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

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

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

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

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

length of the time period stored.
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The application record must include the name, EPA registration number, and active ingredients 

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

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

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

must make the information available to any worker, handler or their authorized representatives upon 

request during normal work hours.

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

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

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

regulation (Sections 170.105 and 170.107) defines the entry-restricted areas. Notifications are either 

oral or by the posting of warning signs, and in certain applications, both oral and posting are required 

(i.e., double notification). Double notification is required if the pesticide product labeling has a statement 

requiring both the posting and oral notification.

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

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

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

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

feet of the treated area, each footpath or other walking route that enters the treated area. If there are no 

expected worker entry points, then signs should be posted in the corners of the treated area or where 

there is maximum visibility.

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

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

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

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

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

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

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

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

present, then no notifications are needed.

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

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

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

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

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

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

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

or handler can understand.

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

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

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

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

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

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

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

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

where an REI is in effect.

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

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

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

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

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

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

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

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

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

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

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

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

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

must provide the agricultural employer updated information within 2 hours of the end of the application 

(§170.13(j)).

(6). Safe Operation of Equipment and Repair (§170.9(i) and §170.13(f), §170.9(g) 

and §170.13(l))

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

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

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

employed by the agricultural or CPHE employer.

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

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

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

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

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

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

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

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

procedures for preventing exposures and removing pesticide residues.

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

§170.13(k)(2))

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

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

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

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

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

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

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

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

pesticide(s). §170.9(f)(2)

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

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

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

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

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

the pesticide(s). §170.13(k)(2))

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

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

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

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

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

Workers must be retrained annually. This worker training session must be conducted by either 

an individual who has completed the train-the-trainer program or a trainer of certified applicators. 

During the first 2 years after the effective date of the final rule, a certified applicator of restricted use 

pesticides (RUPs) under 40 CRF Part 171 may also conduct worker training. By year 3 of the ICR, 

certified applicators may no longer train workers.

All handlers, both on agricultural establishments and commercial pesticide handling 

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

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

applicators, or a certified applicator of RUPs.

Agricultural Worker Training (§170.101)

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

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

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

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

grace period is reduced from 5 to 2 days and the worker basic summary training is expanded. All 

workers will now receive the full worker training session annually instead of once every 5 years. The 

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

exposure, early entry notification, establishment-specific information, and hazard information (SDS). 

The person who conducts the training must have either completed the train-the-trainer program or be a 

trainer of certified applicators.

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

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

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

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

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

includes all the information recorded.
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Pesticide Handler Training (§170.201)

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

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

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

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

respirator fit-test, training, and medical evaluation.

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

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

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

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

recorded.

(9). Personal Protective Equipment Information and Records

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

(§170.207(b)(9))

Pesticide handler employers must provide handlers with a medical evaluation by a licensed 

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

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

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

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

“Personal Protective Equipment” provisions 29 CFR 1910.134. The pesticide handler employer must 

maintain records documenting the completion of the medical evaluation, fit testing and respirator 

training that conform with 29 CFR 1910.134 for 2 years.

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

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

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

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

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

hygiene practices.

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

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

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

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

(10). Exceptions/Exemptions 

Waiting period prior to worker training exception (§170.309(c)): Pesticide information sheet

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

The worker must be provided a copy of an EPA-approved pesticide information sheet and its contents 

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

a treated area.

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

agricultural establishment. The record includes a copy of the information provided, the printed name of 
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the worker, date of birth, and signature of the worker, date of the information was received, the 

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

Exceptions/ Exemptions for Early Entry Notification

Early entry notifications (§170.305(a))

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

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

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

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

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

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

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

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

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

aid, and user safety.

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

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

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

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

safety.

Early entry notifications records (§170.305(b))

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

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

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

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

(ii) Respondent Activities

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

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

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

activities listed under eleven categories in this section.

(1) Rule familiarization

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

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

application. Agricultural employers and commercial pesticide handling establishment 

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

the requirements.

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

Activity: The agricultural employer posts pesticide safety information on agricultural 

establishment. The employer would:

• Obtain or create pesticide safety display with content outlined in the regulation. EPAapproved posters will be readily available.
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• Post safety information displays at a place on the establishment where workers and 

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

information must also be displayed anywhere decontamination supplies must be 

provided.

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

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

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

phone number.

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

work day on agricultural establishment and promptly update display.

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

Activity: Gather, record and maintain pesticide hazard and application-specific 

information.

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

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

− the pesticide name,

− EPA registration number,

− and active ingredients of the product applied,

− the crop or site treated and the location and description of the treated area,

− dates and times the application started and ended, and

− the end date and duration of the REI.

• Retain record for 2 years.

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

handlers or authorized representatives during normal work hours.

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

Activity: Notify workers of entry restrictions to treated areas.

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

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

regulation and label.

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

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

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

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

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

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

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

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

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

walking route that enters the treated area.

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

up for the duration of the REI.

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

whichever is later.
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• Oral notifications are given to workers prior to the application, if workers are on the 

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

worker’s first work period on the agricultural establishment.

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

the following:

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

− The dates and times during which entry is restricted.

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

enter the treated area until the REI has expired.

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

Activity: Provide establishment-specific information.

• Agricultural employer informs workers and handlers of the locations of the pesticide 

safety information, pesticide application and hazard information, and decontamination 

supplies.

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

(6) Information Exchange between Agricultural Establishment Employer and 

Commercial Pesticide Handler Establishment Employer (§170.9(k), §170.13(h), 

§170.13(i)-(j))

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

handlers.

• For pesticide applications, the agricultural employer informs the CPHE employer of entry 

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

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

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

agricultural establishment is provided information about restrictions on entering areas, 

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

where an REI is in effect.

• The CPHE employers notify the agricultural employer of the specifics of the treatment 

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

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

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

restrictions or use directions on the labeling.

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

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

hours of the end of the application.

(7) Safe Operation of Equipment and Repair (§170.9(i) and §170.13(f), §170.9(g) 

and §170.13(l))

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

• Handler employers, including agricultural employers and CPHE employers, must ensure 

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

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

contaminated with pesticides, the potential harmful effects of pesticide exposure, and 
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procedures for handling pesticide application equipment and for limiting exposure to 

pesticide residues, and personal hygiene practices and decontamination procedures for 

preventing exposures and removing pesticide residues. 

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

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

personnel in case of an emergency.

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

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

specific information regarding the application:

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

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

antidote and first aid and medical treatment information),

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

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

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

Activity: Arrange for training of workers and pesticide handlers.

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

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

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

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

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

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

at §170.101 for workers and §170.201 for handlers.

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

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

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

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

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

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

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

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

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

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

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

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

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

employer’s responsibility to document and maintain records.

• Training records must include:

− the trained worker or handler’s printed name,

− the trained worker or handler’s signature,

− the date of birth of worker or handler,

− the date of the training,

− the information identifying which EPA-approved training materials were used,
February 19, 2014

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− the trainer’s name and documentation showing the trainer met the requirements 

of trainer, and

− the agricultural employer’s name.

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

(10) Personal Protective Equipment Information and Records

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

Respirator Users: Medical evaluation, fit testing and respirator training

• Pesticide handler employers, which include agricultural employers and CHPE 

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

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

CFR 1910.134.

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

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

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

and more often if necessary.

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

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

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

2 years.

• Fit testing Recordkeeping: OSHA’s Personal Protective Equipment 1910.134 

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

quantitative fit tests administered to an employee including:

− The name or identification of the employee tested;

− Type of fit test performed;

− Specific make, model, style, and size of respirator tested;

− Date of test; and

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

recording of the test results for QNFTs.

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

information required to document respiratory training, but employers need to 

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

and when the training occurred.

Cleaners of PPE

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

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

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

clean personal protective equipment and to protect themselves when handling such 

equipment, and the proper decontamination and personal hygiene practices.
February 19, 2014

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Maintenance of Closed Systems

Activity: Create and retain records for closed system maintenance.

• Employers of establishments with closed systems must retain records of system 

maintenance for 2 years.

(11) Exceptions/Exemptions

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

Activity: Provide pesticide information sheet and oral presentation of information to 

workers.

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

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

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

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

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

language the worker understands.

• The employer must provide a copy of this pesticide information sheet to the worker.

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

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

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

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

Notification of Exceptions for Early Entry

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

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

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

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

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

− The date of entry,

− Location of the early-entry area,

− Pesticide(s) applied,

− Dates and item that the REI begins and ends,

− The exception of the regulation that allows the early entry,

− Description of the tasks performed under the exception,

− Contact with the treated surfaces permitted,

− Amount of time the worker is allowed in the treated area,

− The PPE required by the label for early entry, and

− Location of the pesticide safety display and decontamination supplies.

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

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

and date of birth.
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• Employers must also keep these early entry notification records for 2 years including written 

acknowledgements that the workers received the information orally.

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

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

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

5. THE INFORMATION COLLECTED – AGENCY ACTIVITIES, COLLECTION METHODOLOGY, 

AND INFORMATION MANAGEMENT

5(a). Agency Activities

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

create and retain records.

5(b). Collection Methodology and Management

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

in how they collect and manage the information.

5(c). Small Entity Flexibility

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

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

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

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

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

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

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

performing handling tasks on their own agricultural establishment.

5(d). Collection Schedule

This ICR does not involve agency collection activities.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

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

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

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

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

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

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

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

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

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

PRA nonetheless.

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

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

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

ICR. The estimates are based on the information and figures contained in the “Economic Analysis of 
February 19, 2014

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Proposed Revisions to the Worker Protection Standard,”

1 as well as information obtained by the 

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

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

pesticides based on the number of farms in the 2007 Agricultural Census.

2

6(a). Respondent Burden

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

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

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

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

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

information and may include activities such as becoming familiar with the rule and regulations, 

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

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

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

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

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

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

may contain pesticide residues.

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

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

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

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

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

6(b). Estimating Respondent Burden and Costs

 (i). Methodology

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

revised worker protection standard (WPS) regulation. With the exception of family farms (which are 

exempt from most requirements), agricultural establishments include farms, nurseries, greenhouses 

and commercial pesticide handling establishments (CPHEs). Respondents from these establishments 

include agricultural employers, CPHE employers, agricultural workers, agricultural handlers, CPHE 

handlers and trainers.

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

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

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

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

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

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

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

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

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

the average estimated time it takes to fill in and post the poster (three minutes, done once per year) 

multiplied by the labor cost ($28.21 per hour), which equals $1.41 (3/60 x 28.21) per respondent per 

year.

 1 Economic Analysis of Proposed Revisions to the Worker Protection Standard, EPA, 2011 2 USDA,NASS 2008
February 19, 2014

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(1) Wage Rates

For this ICR, the Agency used the estimated wages and benefits for all labor categories for 

affected respondent groups based on publicly available data from the U.S. Bureau of Labor Statistics 

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

rate (hourly wage rate), and then calculates the loaded wage rate (unloaded wage rate + benefits). 

These rates are then combined into the seven overall labor categories of agricultural employer, CPHE 

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

below).

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

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

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

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

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

data.

Unloaded Wage Rate

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

• Agricultural establishment employers

• Commercial pesticide handling establishment (CPHE) employers

• Agricultural establishment trainers of workers and handlers

• CPHE handler trainers

• Agricultural establishment workers (trained and untrained)

• Agricultural establishment handlers (aged 16 years and older)

• CPHE handlers (aged 16 years and older)

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

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

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

 For 

agricultural establishment workers, the Agency uses the USDA Farm Labor Report’s annual average 

wage rate for U.S. fieldworkers.4

 The wage rate for agricultural establishment handlers is calculated as 

the average of the agricultural establishment employer and worker rates. The overall wage is then 

weighted in order to create the wage for handlers aged 16 years and older. This procedure is described 

in Attachment B. The wage rates are derived from BLS NAICS 2010 estimates.

Loaded Wage Rate

The Agency expects that all labor categories including agricultural establishment employer, 

CPHE employer, agricultural establishment worker and handler trainer, CPHE handler trainer, 

agricultural establishment workers, and handlers (for both agricultural establishment and CPHEs) will 

receive loaded wages. They include benefits and overhead for both agricultural establishment 

employers and commercial pesticide handling establishment employers. Worker wage rates are 

assumed to include only the wage rate and some benefits as most workers are field workers and do not 

have direct associated overhead. Most workers received some kind of benefit (i.e., health insurance)

according the Bureau of Labor Statistics. These individuals are paid benefits that amount to 30% of the 

 3 BLS May 2010 National Industry-Specific Occupational Employment and Wage Estimates available at: 

http://www.bls.gov/oes/2010/may/oessrci.htm

4 USDA November 2007 NASS Farm Labor Report available at: 

http://usda.mannlib.cornell.edu/usda/nass/FarmLabo//2000s/2007/FarmLabo-11-16-2007.pdf
February 19, 2014

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total remuneration with wages accounting for 70%.5 However, data from the National Agricultural 

Workers Survey (DoL) indicate that up to 77% of agricultural workers do not receive benefits as part of 

their employment6

.

The loaded wage rate for agricultural employers is $28.21 an hour. The loaded wage rate for 

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

wage rate for handlers depends upon the employer. Agricultural establishment handler wage rates are 

$20.83 per hour and the wage rate for CPHE handlers is $20.10 per hour. The loaded wage rate of 

$37.87 per hour for trainers applies to trainers of agricultural workers and handlers on agricultural 

establishments and whose qualifications are that they are trainers of certified applicators or have 

completed a train-the-trainer program. The wage rate for health care workers that review the medical 

surveys for those persons that will be using respirators is $42.91. (Table 1)

Table 1. Wage Rates for Selected Occupations7

Category Wage ($/hour)

Agricultural Employer 28.21

CPHE Employer 30.30

Agricultural Worker 13.43

Handler 20.83

CPHE Handler 20.10

Trainer 37.87

Health Care Worker 42.91

(2) Number of Establishments, Workers and Handlers

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

subject to the WPS. To estimate the number of agricultural establishments that use pesticides and hire 

labor, the Agency requested a special tabulation of data from USDA, NASS 2007 Census of 

Agriculture. The number of agricultural establishments is based on the number of farms, nurseries, and 

greenhouses and the tabulation breaks down the number of establishments from the total number of 

farms, nurseries, and greenhouses. Based on the USDA NASS data, there are 788,582 agricultural 

establishments that use pesticides. A subset of that data can be broken down further into the number of 

agricultural establishments, defined as those that hire labor, and the number of establishments that 

both use pesticides and hire labor. Based on USDA, NASS data there are 394,658 agricultural 

establishments that hire labor, and 304,348 that hire labor and use pesticides (303,829 farms and 519 

greenhouses).

8

From the USDA, NASS 2007 Census of Agriculture, there are 2,322,610 farm employees, all of 

whom are assumed to be field workers. This implies that each agricultural establishment hires, on 

average, 5.88 workers. The Agency estimates that there are 247,815 agricultural handlers within the 

total number of farm employees.

 5 BLS Employer Costs for Employee Compensation- December 2010 available at: 

http://www.bls.gov/news.release/archives/ecec_03122008.pdf

6 U.S. Department of Labor, Office of the Assistant Secretary for Policy, Office of Programmatic Policy, National Agricultural 

Workers Survey (NAWS) 2001-2002 A Demographic and Employment Profile of United States Farm Workers Research 

Report No. 9, March 2005. Available here: http://www.doleta.gov/agworker/report9/naws_rpt9.pdf 7 Wage Rates based on occupations defined by the BLS NAICS codes. See footnotes 1-3 above. 8 USDA, NASS Special Tabulation of data from 2007 Census of Agriculture, 2008
February 19, 2014

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

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

definition because it is also used to determine the number agricultural handlers. The Agency assumes 

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

handlers which the Agency estimates to be 247,815 or 2 for every large agricultural establishment and 

1 for every large-small agricultural establishment9

.

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

category.

Table 2: Number of Agricultural Establishments that Use Pesticides

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

Establishments that Use 

Pesticides.

Percent of Total

1,000 – 9,999 Small-Small 218,041 28%

10,000 – 99,999 Medium-Small 290,611 37%

100,000 – 749,999 Large-Small 221,735 28%

750,000 < Large 58,197 7%

Total 788,582 100%

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

Table 3: Number of Agricultural Establishments that Hire Labor

Income Range ($) Farm Size Classification Number of Agricultural 

Establishments that Hire 

Labor

Percent of Total

1,000 – 9,999 Small-Small 79,909 20%

10,000 – 99,999 Medium-Small 121,223 31%

100,000 – 749,999 Large-Small 139,237 35%

750,000 < Large 54,289 14%

Total 394,658 100%

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

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

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

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

Income Range ($) Farm Size Classification Number of Agricultural

Establishments that Hire 

Labor and Use Pesticides

Percent of Total

1,000 – 9,999 Small-Small 40,880 13.5%

10,000 – 99,999 Medium-Small 89,559 29.5%

100,000 – 749,999 Large-Small 124,960 41%

750,000 < Large 48,949 16%

Total 304,348 100%

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

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

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

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

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

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

handlers.

 9 The Small Business Administration (SBA) defines large farms as farms with annual revenues of $750,000 or more. EPA 

separates small farms into small-, medium- and large-small as shown in Tables 2 and 3.
February 19, 2014

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

agricultural establishments, safety trainers may be trainers of certified applicators or individuals trained 

in how to instruct training. The number of qualified trainers is unknown. Calculations in this ICR are 

based on assumptions the Agency made about the number of training sessions held each year. There 

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

(ii) Requirements

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

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

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

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

each category that have data items that require record keeping. 

(1) Rule familiarization

All existing agricultural establishment employers and commercial pesticide handler 

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

requirements. The Agency estimates that it will take an average of 30 minutes per year per 

establishment to read the regulations. The Agency estimates that there are 394,658 agricultural 

establishments and 72,449 CPHEs that will spend an average of 30 minutes per year per establishment 

to read regulations. Table 5 shows the activity, respondent group, the number of respondents affected 

by the activity, the total number of responses, the hourly wage rates for each respondent, the time in 

minutes each respondent will spend annually reading the regulations, the hourly cost per respondent 

for each activity, and the total burden in hours and total cost. The total time burden for all 

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

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

Table 5: Rule Familiarization

Activity Respondent 

Group

Number of 

Respondents

Total 

Responses 

Annually

Wage 

Rate

Per Event 

Average

TOTALS

(3-yr. 

average)

($/hr) Burden Cost Burden Cost

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

Rule 

Familiarization

Agricultural

Establishment 

Employer

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

Rule 

Familiarization

CPHE 

Employer

72,449 72,449 30.30 0.5 15.15 36,225 1,097,602 

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

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

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

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

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

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

where decontamination supplies are provided. This requirement only affects agricultural

establishments.

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

establishment that hires labor and uses pesticides (304,348 agricultural establishments) and that the 

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

also assumes an average of 3 minutes is needed to fill in information on the safety information display, 
February 19, 2014

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and to post it.

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

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

and estimates that it takes 3 minutes per display to post each poster and the number of 

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

The Agency estimates that there are approximately 304,348 agricultural establishments 

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

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

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

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

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

decontamination site each; medium-small agricultural establishments (89,368) have 2 worker 

decontamination sites each requiring 178,736 posters; large-small agricultural establishments 

(124,791) have 2 worker decontamination sites and 1 worker/handler decontamination site each 

requiring 374,373 posters; and large agricultural establishments (48,819) have 2 worker 

decontamination sites, 1 worker/handler decontamination site, and 1 handler decontamination site

requiring 4 posters for each farm or a total of 195,276 posters. In addition, the 519 greenhouses that 

are estimated to have 4 decontamination sites each require a total of 2,076 posters. The total number 

of posters needed is approximately 791,312 at decontamination sites. The Agency assumes that the 

posters last an average of 3 years so the average number of posters needed to be posted in a given 

year is 1/3 of that number or 263,771. (Table 6)

Table 6: WPS Farm and Greenhouse Pesticide Safety Information Displays at Decontamination Sites 

Agricultural 

Establishment

Size by Type

Decontamination 

Poster/Agricultural 

Establishment

Agricultural Establishment

(WPS Farms that are 

Agricultural Establishments

Minus the Number of 

Greenhouses) by Size

Total Number of 

Farms

Total 

Posters

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

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

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

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

Greenhouses 4 posters 519 519 2,076

Total 791,312

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

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

estimates that 1/3 of the 1,095,660 (304,348 main posters + 791,312 decontamination posters from 

Table 6 above) or 365,220 responses will require changes and that each change takes 3 minutes per 

display.

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

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

agricultural establishments is 70,000 hours and the cost is $1,974,712. (Table 7)
February 19, 2014

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Table 7: Basic Pesticide Safety Information- WPS Posters at Main Display & Decontamination Sites- Poster Changes

Activity Respondent 

Group

Number of 

Respondents

Total 

Responses 

Annually

Wage 

Rate

Per Event 

Average

TOTALS

(3-yr. 

average)

($/hr) Burden Cost Burden Cost

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

Main Poster Agricultural

Employer

304,348 304,348 28.21 0.05 1.41 15,217 429,283

Decontamination 

Poster

Agricultural

Employer

304,348 791,312 28.21 0.05 1.41 39,566 1,116,146

Poster Changes Agricultural

Employer 

304,348 365,220 28.21 0.05 1.41 18,261 515,143

TOTALS 304,348 1,460,880 73,044 2,060,571

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

(3) Pesticide Hazard and Application-specific Information 

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

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

upon request.

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

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

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

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

record information the Agency estimates that in a given year 304,658 respondents will conduct this 

activity on average 20 times each resulting in 6,093,160 responses.

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

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

year) to store the record, copy of label and SDS for a total of 6,093,160 (304,658 X 20) response 

records to be maintained annually.

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

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

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

made for approximately 25% of the applications, or 1,523,290 responses to provide information 

annually.

The Agency estimates that the total number of burden hours for agricultural establishments to 

gather, record, maintain records and provide information upon request is 1,472,514 hours and the cost 

is $41,539,611. (Table 8)
February 19, 2014

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Table 8: Pesticide Hazard and Application Specific Information

Activity Respondent 

Group

Number of 

Respondents

Total 

Responses 

Annually

Wage 

Rate

Per Event 

Average

TOTALS

(3-yr. 

average)

($/hr) Burden Cost Burden Cost

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

Gather and 

Record

Agricultural

Employer

304,658 6,093,160 28.21 0.20 5.64 1,218,632 34,377,609

Maintain 

Records

Agricultural

Employer

304,658 6,093,160 28.21 0.017 0.47 101,553 2,864,801

Provide 

Information 

Upon 

Request

Agricultural 

Employer

304,658 1,523,290 28.21 0.10 2.82 152,329 4,297,201

TOTALS 304,658 13,709,610 1,472,514 41,539,611

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

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

Agricultural establishment employers must either orally notify workers of pesticide treatments or 

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

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

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

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

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

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

is greater than 4 hours.

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

well as 3 minutes time of workers present on the farm or greenhouse during the REI. There are 

303,829 farms and 519 greenhouses (304,348 total) that use pesticides and hire workers and the 

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

assumes that for WPS farms (outdoor production) there will be 14 oral notifications, including 2 for 

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

double notification products, for a total of 4,256,720 notifications (303,829*14+519*6). In addition, 

approximately 2,030,930 agricultural workers will receive an oral notification which takes 3 minutes. Not 

all agricultural establishment workers will be present during an REI. The Agency assumes that workers 

on WPS farms (outdoor production) will be present for about 80% of REIs and so each worker will 

receive 11.2 oral notifications, on average. Greenhouse workers are expected to be present for about 

60% of REIs and they will receive 3.6 notifications per year. This results in 22,812,613 responses 

(2,030,930 x 11.2 + 18,388 x 3.6).

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

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

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

annually. The Agency estimates that there are 303,829 WPS farms that use pesticides in a given year 

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

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

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

$44,256,901. (Table 9)
February 19, 2014

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Table 9: Notification to Workers of Restricted Entry Areas

Activity Respondent 

Group

Number of 

Respondents

Total 

Responses 

Annually

Wage 

Rate

Per Event 

Average

TOTALS

(3-yr. 

average)

($/hr) Burden Cost Burden Cost

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

Provide Oral 

Notification

Agricultural

Establishments

304,348 4,256,720 28.21 0.05 1.41 212,836 6,004,104

Receive Oral 

Notification 

Agricultural

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

Post 

Indoor/outdoor

Agricultural

Establishments

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

Totals 2,353,616 29,508,269 2,166,446 $44,256,901

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

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

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

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

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

can understand.

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

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

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

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

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

agricultural workers will receive establishment specific information at least one time and that it takes 1 

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

record keeping requirement for this activity.

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

employers is 47,004 hours and $825,700. (Table 10)

Table 10: Establishment Specific Information

Activity Respondent 

Group

Number of 

Respondents

Total 

Responses 

Annually

Wage 

Rate

Per Event Average TOTALS

(3-yr. 

average)

($/hr) Burden Cost Burden Cost

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

InformProvide 

Establishment 

Specific 

Information

Agricultural

Establishment11 394,658 789,316 28.21 0.017 0.4702 13,155 371,110

Agricultural

Workers/Handlers

2,030,930 2,030,930 13.43 0.017 0.2238 33,849 454,590

TOTALS 2,425,588 2,820,246 47,004 $825,799

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

 10 Assume 12 WPS notifications and 4 Greenhouse Entry restriction notifications 11 Assumes 2 early entry events per year per establishment.
February 19, 2014

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(6) Information Exchange between Agricultural Employer and Commercial 

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

Agricultural Employer Informs CPHE Employer of Entry Restricted Area Locations

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

agricultural employer/operator must provide the CPHE employer the specific location and description of 

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

those areas.

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

pesticides is 788,582. Each agricultural establishment is estimated to have an average of 20 

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

that WPS farms hire CPHEs to apply 38% of the applications on WPS farms. This requires agricultural

establishments to inform CPHEs a total of 4,123,775 times about an application made by agricultural

establishment when a CPHE is hired to make an application on a WPS farm ((788,582 x 20) x .38). The 

estimated time to exchange information is 3 minutes. The burden for agricultural establishments to 

comply with this requirement is 299,661 hours and the cost is $8,453,441. (Table 11)

CPHE Employer Informs Agricultural Employer prior to Application

The CPHE applicator must also provide application information to agricultural

establishments/family farms that use pesticides and hire a CPHE to make the application, prior to 

making any pesticide application on the agricultural establishment/family farm. The information the

CPHE applicator must provide includes the specific location and description of the area to be treated; 

the dates and start and estimated end times of application; the product name, EPA registration number 

and active ingredients; REI; whether posting or oral notification are required; and any restrictions or use 

directions on the labeling that must be followed to protect workers, handlers, or other persons during or 

after application. The Agency estimates that there are 39,571 CPHE applicators (2,793 + 36,778 self 

employed). The number of CPHE handlers is estimated to be 56,858 (17,080 hired by 2,793 CPHEs + 

36,778 self-employed CPHEs). The Agency also estimates that there are 788,582 agricultural

establishments and family farms that use pesticides. Based on an average of 20 applications per 

agricultural establishment per year, there are an estimated 15,771,640 pesticide applications per year 

for all agricultural establishments that use pesticides. Of these 15,771,640 applications applied on 

agricultural establishments, CPHE handlers account for 38% or 5,993,223 applications. The Agency 

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

information (8,390,512) and the remaining 30% require 1 exchange of information (1,797,967). The 

total number of notifications by CPHE handlers to agricultural establishments that use pesticides is 

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

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

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

Commercial Pesticide Handler Establishment Employer (CPHE) Informs CHPE Handler

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

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

information. This time-cost is borne by the CPHE. This time-cost requirement does not include selfemployed CPHE handlers as they are already informed of the application because they made the 

application. For those CPHEs that hire labor and are required to inform their handlers of the 

applications made CPHEs including those on WPS farms. The Agency estimates that there are 2,793 

establishments that will spend 3 minutes informing each of their handlers and that this information 

exchange will occur for each application (17,080 x 90 = 1,537,200). For the handlers’ time, the Agency 

estimates that there are 17,080 handlers that will each receive this information 90 times and that it 

takes 3 minutes of their time for each notification. The burden for CPHEs in term of time to inform their 
February 19, 2014

Page 26 of 39

workers and for workers to receive the information for this requirement is 153,720 (76,860 x 2) hours 

and the cost is $3,873,744 (2,328,858 + 1,544,886).

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

$43,197,368. (Table 11)

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

Activity Respondent 

Group

Number of 

Respondents

Total 

Responses 

Annually

Wage 

Rate

Per Event 

Average

TOTALS

(3-yr. 

average)

($/hr) Burden Cost Burden Cost

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

Agricultural

Establishment 

Provides 

Information on 

treated areas 

under an REI to 

CPHE12

Agricultural

Establishment

Employer

788,582 5,993,233 28.21 0.05 0.47 299,661 8,453,441

CPHE Provides 

Application 

Information to 

Agricultural 

Establishment13

CPHE

Employer

39,571 10,188,179 30.3 0.10 0.51 1,018,818 30,870,183

CPHE Provides 

Information to 

CPHE Handlers

CPHE

Employer

2,793 1,537,200 30.3 0.05 1.51 76,860 2,328,858

CPHE Handler 

Receives 

Information from 

CPHE

CPHE 

Handlers

17,080 1,537,200 20.1 0.05 1.005 76,860 1,544,886

TOTALS 845,233 19,255,802 1,472,199 $43,197,368

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

(7) Safe Operation, Cleaning and Repair of Equipment

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

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

pesticides.

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

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

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

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

for limiting exposure to pesticide residues.

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

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

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

 12 Assumes that all WPS establishments will rely on a CPHE for some of their estimated 20 applications per season. The 

number of responses assumes that WPS farms make 62% of the 20 applications and CPHEs account for the other 38% and 

that it takes 3 minutes to exchange information.

13 Assumes that 70% of the 1,537,200 applications made by CPHEs will require 2 exchanges of information up to 6 minutes 

each. The other 30% of applications require 1 exchange of information (1.7X1,537,200=2,613,240)
February 19, 2014

Page 27 of 39

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

farms that have handlers that use pesticides in a given year. Of the 173,909 farms that have handlers

and use pesticides, the Agency estimates that the number of agricultural handlers that receive 

information is 222,858. For CPHEs, the number of establishments that provide information is 2,793 and 

the number of CPHE handlers is 17,080. For this requirement the total average burden in terms of 

hours and costs for agricultural employers to comply with this requirement is 39,990 hours and 

$982,482. (Table 12)

Table 12: Safe Operation, Cleaning and Repair of Equipment

Activity Respondent 

Group

Number of 

Respondents

Total 

Responses 

Annually

Wage 

Rate

Per Event 

Average

TOTALS

(3-yr. 

average)

($/hr) Burden Cost Burden Cost

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

Agricultural

Employer 

informs 

handlers.14

Agricultural 

Establishment 

Employer

173,909 222,858 28.21 0.083 2.351 18,572 523,902

Agricultural 

Establishment 

Handler

222,858 222,858 20.83 0.083 1.736 18,572 386,844

CPHE 

Employer 

informs 

handlers.

CPHE 

Employer

2,793 17,080 30.3 0.083 2.525 1,423 43,127

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

TOTALS 416,640 479,876 39,990 $982,482

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

(8) Information Required for Emergency Assistance

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

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

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

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

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

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

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

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

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

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

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

occupation.

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

from the American Association of Poison Control Center’s National Poison Data System (NPDS) for the 

years 2003 to 200515. Based on the data, the Agency assumes that there are about 2,400 incidents per 

year on average. Of these 20 were with CPHEs and the remainder were for Agricultural establishments. 

The Agency assumes that it takes 5 minutes for each response resulting in about 198 hours of 

 14 WPS farms/employers that have handlers include only large farms & large-small farms or 119,839 of the 201,564 farms that 

use pesticides and hire labor. The total number of handlers employed by these farms is 151,879. This is based on the 

assumption that there are 2 handlers per large farm and 1 handler per large-small farm. CPHEs are estimated to have 6 

(6.115) handlers per firm.

15 US EPA, OPP Report on Incident Information: The Baseline 2007. 

http//:www.epa.gov/pesticides/ppdc/2007/oct2007/session10-finalrpt.pdf
February 19, 2014

Page 28 of 39

emergency assistance time per year for agricultural establishments and 2 hours for CPHEs.

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

handler employers to comply with this requirement is 200 hours and $5,645. (Table 13)

Table 13: Information Required for Emergency Assistance

Activity16 Respondent 

Group

Number of 

Respondents

Total 

Responses 

Annually

Wage 

Rate

Per Event 

Average

TOTALS

(3-yr. 

average)

($/hr) Burden Cost Burden Cost

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

Agricultural 

Employer 

Provides

Information to 

Medical 

Personnel, 

Worker or 

Handler

Ag. 

Establishment 

Employer

394,658 2,380 28.21 0.083 2.35 198 5,595

CPHE Employer 

Provides 

Information to 

Medical 

Personnel or 

Handler

CPHE 

Employer

2,793 20 30.30 0.083 2.53 2 51

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

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

(9) Pesticide Safety Training for Workers and Handlers

Annual training is required for all agricultural workers and handlers on agricultural 

establishments and handlers employed by commercial pesticide handling establishments (CPHEs). 

Handlers that receive the handler pesticide safety training are not required to also take worker training. 

Trainings for agricultural workers are the responsibility of the agricultural establishment employer and 

must be provided by persons designated by EPA, or state or tribal pesticide enforcement agencies to 

train certified applicators, and trainers that have completed an approved Train-the-Trainer course. 

Training for handlers employed by agricultural establishments and CPHEs must be provided by trainers 

identified above for workers or certified applicators (such as agricultural establishment owner).

Employers are required to make a record of the training and have it signed by the trained worker or 

handler, provide a record of the same information to the worker or handler, and maintain the records for 

2 years.

Workers who are not trained as handlers must be trained before they enter an area treated with 

a pesticide or under an REI within the last 30 days. However, under an exception, pesticide safety 

training may be delayed until the start of their third day of employment on an agricultural establishment, 

but workers must receive pesticide safety information prior to entry to perform worker tasks. A separate 

burden calculation for workers who are trained after the 2-day waiting period is presented in Table 16.

 16 The requirement intends to clarify the regulation text meaning for an employer to provide information to a medical provider if 

there is a pesticide exposure. The clarification changes the response time from “prompt” to “30 minutes”. The actual transfer of 

pesticide information which can be phoned or faxed in by the employer is assumed to take 5 minutes of tan employer’s time 

per event. 
February 19, 2014

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Agricultural Worker Pesticide Safety Training

The training time requirement for worker training sessions increased from the current ICR 

estimate of 30 minutes to 45 minutes due to expanded training content. The proposed rule requires that 

trainings will be conducted by either a trainer of certified applicator or a trainer that has completed a 

“train the trainer” program. The wage rate for both categories of trainers is $37.87. The Agency 

assumes that all agricultural workers are trained one time and that the 394,658 establishments average 

1.5 trainings per establishment. This results in a total of 591,987 trainings that require records to be 

saved. Of the 591,987 trainings, the Agency assumes 85% of the trainings (503,189) for workers are 

conducted by trainers who have completed a Train-the-Trainer program. The other 15% of the trainings 

(88,798) will be conducted by trainers that are certified applicators. Of the 2,322,610 workers that 

attend worker safety training, the total number of workers trained does not include 208,165 returning 

handlers who receive handler training and 19,510 field workers that work less than 2 days (2,322,610 -

208,165 - 19,510 = 2,094,935). (Table 14)

Agricultural Handler Pesticide Safety Training

For handlers on agricultural establishments, the Agency assumed that all 247,815 agricultural 

establishment handlers including handlers on livestock operations are trained one time per year and 

that as per the Economic Analysis17, the Agency estimated that only large and large-small agricultural 

establishments have handlers (193,526 establishments). Because establishments can share training 

resources, the Agency estimates that there will be about 4 training sessions for every 5 large farms or 

80% of the 54,289 large agricultural establishments and about 1 session for every two large-small 

farms or 50% of the 139,237 large-small agricultural establishments provide handler training sessions 

totaling 113,050 sessions (43,431 + 69,619). Because different types of trainers have different time 

costs, Table 14 below breaks out the trainers and training sessions. The Agency estimates that the 

number of training sessions varies by trainer type. About 76% of agricultural handler training sessions, 

or 85,918 sessions are conducted by certified applicators (primarily the agricultural employer) (113,050

x .76 = 85,918), another 10% or 11,305 of the training sessions are conducted by trainers that have 

completed the Train-the-Trainer course (113,050 x .10 = 11,305) and about 14% of the training

sessions or 15,827 are conducted by trainers of certified applicators (113,050 x .14 = 15,827). (Table 

14)

CPHE Handler Pesticide Safety Training

For CPHE handlers, the Agency did not include the 36,778 self-employed CPHE owner 

operators in the calculation of the burden and cost estimates for this line item to avoid double counting 

the burden and cost because the self-employed CPHEs will be included the Certification Rule ICR. For 

the 2,793 CPHE’s that hire handlers, the Agency assumed that the 2,793 CPHEs conduct on average 

1.3 trainings per year per establishment for CPHE Handlers. Of the 3,631 (2,793 x 1.3) trainings, 14% 

of the trainings or 508 ((2,793 x 1.3) x .14) were conducted by trainers of certified applicators, 10% or 

363 were conducted by trainers that completed a Train-the-Trainer program ((2,793 x 1.3) x .1) and the 

remaining 76% or 2,759 were conducted by certified applicators (assume CPHE employer). (Table 14)

Training Burden Requirements for Agricultural Establishment and CPHEs

The training time for agricultural establishment and CPHE handler training is 60 minutes. The 

estimated time burden for both agricultural establishment and CPHE employers to record and maintain 

records of training is 7 minutes per worker and 4 minutes per handler. The time required for both 

workers and handlers to acknowledge training is 30 seconds per acknowledgement. Agricultural 

employers are required to keep records of training for two years, including names of workers trained, 

 17 Economic Analysis of Proposed Revisions to the Worker Protection Standard, EPA, 2013
February 19, 2014

Page 30 of 39

trainer and agricultural employer; date; materials used; and signature acknowledgement of receipt of 

training.

For CPHEs only those that hire labor are required to provide handler training. This time-cost 

training requirement does not include self-employed CPHE handlers as they are trained under the 

Certification Rule ICR as noted above.

The Agency estimates that the average burden in terms of hours and costs for agricultural and 

CPHE employers and their worker and handler employees to comply with this requirement is 2,511,929

hours and $49,963,089. (Table 14)

Table 14: Pesticide Safety Training

Activity Respondent 

Group

Number of 

Respondent

s

Total 

Responses 

Annually

Wage 

Rate

Per Event Average TOTALS

(3-yr. 

average)

($/hr) Burden Cost Burden Cost

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

Train Workers on 

Pesticide Safety

Trainers of 

Certified 

Applicators18

59,199 88,798 37.87 0.75 28.40 66,599 2,522,087

Trainers of a 

Train-the 

Trainer 

program19

335,459 503,189 37.87 0.75 28.40 377,392 14,291,824

Worker pesticide 

safety training

Workers 20 2,094,935 2,094,935 13.43 0.75 10.07 1,571,201 21,101,233

Record and 

maintain records 

of worker training

Agricultural 

establishment 

employers

394,658 591,987 28.21 0.12 3.29 69,065 1,948,328

Sign 

Acknowledgeme

nt of worker 

training and 

receive a copy

Workers 2,094,935 2,094,935 13.43 0.0084 0.11 17,458 234,458

Train handlers of 

agricultural 

establishments

Training by 

Trainers of 

certified 

applicators21

15,827 15,827 37.87 1 37.87 15,827 599,368

Training by 

Trainers who 

completed 

Train-theTrainer 

program

11,305 11,305 37.87 1 37.87 11,305 428,120

Training by 

Certified 

Applicator of 

RUPs22

85,918 85,918 28.21 1 28.21 85,918 2,423,745

Attend handler 

training on 

agricultural 

establishment

Agricultural 

establishment 

handlers

247,815 247,815 20.83 1 20.83 247,815 5,161,986

Record and 

maintain records 

Agricultural 

establishment 

193,526 224,49024 28.21 0.12 3.29 26,191 738,835

 18 Assumes 6.5 workers per training and trainers of certified applicators conduct 15% of worker trainings. 19 Assumes 6.5 workers per training and trained trainers conduct 85% of trainings 20 1,785,100 workers minus .8% of workers that work less than 2 days (14,995), minus returning handlers (84%) that have 

received handler training and therefore do not need worker training (134,952).

21 Assumes 14% of handlers are trained by trainers of certified applicators of restricted use pesticides (RUPs). 22 Assume the certified applicator trainer is the agricultural establishment owner.
February 19, 2014

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Table 14: Pesticide Safety Training

of handler 

training 

(agricultural 

establishment)

employers with 

handlers23

Sign 

Acknowledgeme

nt of handler 

training and 

receive a copy

Handlers of 

agricultural 

establishments

247,815 247,815 20.83 0.0084 0.17 2,065 43,017

Train handlers of 

CPHEs

Trainers of 

certified 

applicators25

508 508 37.87 1 37.87 508 19,238

Trainers who 

completed a 

Train-the 

Trainer 

program26

363 363 37.87 1 37.87 363 13,747 

Certified 

Applicator of 

RUPs27

2,759 2,759 30.30 1 30.30 2,759 83,598

Attend handler 

training on 

CPHEs

Handlers of 

CPHEs

17,080 17,080 20.10 1 20.1 17,080 343,308

Record and 

Maintain records 

of handler 

training (CPHE)

CPHE 

employers28

2,793 3,691 30.30 0.07 2.02 242 7,335

Sign 

acknowledgemen

t of handler 

training and 

receive a copy

Handlers of 

CPHEs

17,080 17,080 20.10 0.0084 0.017 142 2,861

TOTALS 2,758,152 5,959,199 2,511,930 $49,963,089

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

(10) Personal Protective Equipment Information

Respirator Users: Medical Evaluation, Fit Testing and Respirator Training

Agricultural handler employers are required to keep records documenting the completion of

medical evaluation, respirator fit testing, and respirator training for their handlers that wear respirators. 

The Agency assumes that 76% of all large and large-small farms that hire labor (193,526 ) have 1 

handler each that will use a respirator resulting in 147,414 handlers that will be required to undergo 

respirator training which takes 30 minutes, if they will use a product that will require a respirator other 

than a dust-mist filtering face piece. Agricultural handlers will also be required to complete an initial

survey which the Agency estimates will take 30 minutes to complete, a respirator fit-test which takes 4

minutes, and a respirator medical evaluation reviewed by a health care worker which the Agency 

estimates will take 5 minutes to determine pre-existing conditions. The Agency estimates that each 

health care worker has 4 cases resulting in 36,854 (147,414 divided by 4) health care workers 

reviewing agricultural handler evaluations annually. The Agency assumes that approximately 23% of 

agricultural handlers (33,905 (147,414x0.23) will require a follow-up evaluation which will take 4 

minutes of the handler’s time.

 24 Assumes that there are 1.16 sessions per establishment and that .16 is the new hire rate per year for handlers. 23 Assume there are 4 training sessions for every 5 farms or 80% of the 33,766 large farms have a training session and 

therefore are required to keep records. For the 93,125 large-small farms, there is 1 training session for every 2 farms or 

46,562 training sessions. Added together there are 73,575 trainers. For the number of responses, assume 1.2661 handlers 

per training session or a total of 1609,657 handlers trained.

25 Assume 14% of 2793 trainers of certified applicators of restricted use pesticides (RUPs) multiplied by 1.3 trainings 26Assume 10% of 2793 trainers completed train the trainer program multiplied by 1.3 trainings. 27Assume 76% of 2,793 certified applicators of restricted use pesticides (RUPs)multiplied 1.3 trainings. 28Assume 1.3 training sessions per CPHE.
February 19, 2014

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Agricultural establishment employers with handlers that take the medical evaluation will spend 4

minutes per year to record and maintain medical records of handler employees. In addition they will 

also spend another 4 minutes to record and maintain information related to the respirator fit test. 

CPHE handler employers (2,793) are required to keep records documenting the completion of 

medical evaluation, respirator fit testing, and respirator training for their handlers that wear respirators. 

The Agency assumes that 100% of all CPHEs handlers will use a respirator resulting in 17,080

handlers that will be required to undergo respirator fit-test training which takes 30 minutes, if they will 

use a product that will require a respirator other than a dust-mist filtering face piece. CPHE handlers will 

also be required to complete an initial survey which the Agency estimates will take 30 minutes to 

complete, a respirator fit-test which takes 4 minutes, and a respirator medical evaluation reviewed by a 

health care worker which the Agency estimates will take 5 minutes to determine pre-existing conditions. 

The Agency estimates that each health care worker has 4 cases resulting in 4,270 health care workers 

reviewing CPHE handler evaluations annually. The Agency assumes that approximately 23% of CPHE 

handlers (3,928) will require a follow-up evaluation which will take 4 minutes of the handler’s time. 

(Table 15)

Cleaners of PPE

Handler employers are required to inform the person who cleans or launders PPE equipment or 

clothing that the PPE equipment or clothing may be contaminated with pesticides, the harmful effects of 

exposure to pesticides and the proper method to clean contaminated personal protective equipment or 

clothing and how to protect themselves. The Agency assumes all 304,348 WPS farms using pesticides 

and 100% of the CPHEs (2,793) will have to provide this information once annually. The Agency 

estimates that it takes agricultural and CPHE employers 5 minutes to inform cleaner/launderer persons

of this information. (Table 15)

Maintenance of Closed Systems

For WPS farms that use pesticides and hire labor EPA assumes that 50% of the large and 

large-small agricultural establishments or 96,763 (Table 4) have a closed system. EPA estimates that 

90% of those agricultural establishments use pesticides in a given year and approximately 20% are 

estimated to have a breakdown of some sort requiring maintenance. The Agency estimates that 17,391

agricultural establishments will be required to keep records in a given year and that it takes 3 minutes 

to record and store a record. Smaller agricultural establishments would not typically own such a 

system. 

In addition, there are 484,234 (Table 2) family farms that do not hire labor but that use 

pesticides, of which there are 9,246 large family farms that use pesticides. EPA assumes that 1/3 have 

closed systems (3,082). EPA estimates that about 70% will use a closed system in a given year and 

that 20% will have a maintenance issue that requires record keeping or about 433. The Agency 

estimates that the total number of WPS farms (agricultural establishments and family farms) that will be 

required to keep records in a given year is 17,824 (17,391+433) and that it takes 3 minutes to record 

and store a record. (Table 15)

EPA also assumes that 2/3 of CPHEs that hire labor (2,793 x .667 = 1,862) have on average 2 

closed systems and that of those systems, 20% will require a maintenance record or about 745 CPHEs 

that hire labor will be required to have maintenance record(1,862 x 2) x .20). For self-employed CPHEs, 

the agency assumes that 2/3 or 25,553 (38,311 x .667) have 1 closed system and of those 20% or 

5,111 will require maintenance (25,553 x .2 = 5,111). The total number of CPHEs required to comply 

with this requirement is 5,856. The Agency assumes that CPHEs that have to record maintenance of 

closed systems will spend 3 minutes per year per system for recordkeeping. Establishments that 

purchase new closed systems will not have any maintenance events in the first year.
February 19, 2014

Page 33 of 39

The Agency estimates that the average burden in terms of hours and costs for agricultural and 

CPHE employers and their worker/handler employees to comply with this requirement is 228,483 hours 

and $5,321,503. (Table 15)

Table 15: Personal Protective Equipment Information

Activity Respondent 

Group

Number of 

Respondents

Total 

Responses 

Annually

Wage 

Rate

Per Event 

Average

TOTALS

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

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

Agricultural Handler 

Respirator Training

Ag 

Establishment 

Handlers29

147,414 147,414 20.83 0.50 10.42 73,707 1,535,317

Initial Respirator 

Survey

Ag 

Establishment 

Handlers

147,414 147,414 20.83 0.50 10.42 73,707 1,535,317

Respirator Fit-test Ag 

Establishment 

Handlers

147,414 147,414 20.83 0.07 1.39 9,828 204,709

Medical Evaluation Health Care 

Worker30

36,845 147,414 42.91 0.08 3.58 12,285 527,128

Follow up 

Evaluation

Ag 

Establishment 

Handlers31

33,905 33,905 20.83 0.07 1.39 2,260 47,083

Record and 

Maintain Records

Ag Employer32 147,414 147,414 28.21 0.07 1.88 9,828 277,237

Inform 

Cleaner/launderer

Ag Employer 304,348 304,348 28.21 0.08 2.35 25,362 715,471

Maintenance of 

Closed System 

Record Keeping

Ag Employer33 17,824 17,824 28.21 0.05 1.41 891 25,141

CPHE Handler 

Respirator Training

CPHE 

Handler34

17,080 17,080 20.10 0.50 10.05 8,540 171,654

Initial Respirator 

Survey

CPHE Handler 17,080 17,080 20.10 0.50 10.05 8,540 171,654

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

Medical Evaluation Health Care 

Worker35

4,270 17,080 42.91 0.08 3.58 1,423 61,075

Follow up 

Evaluation

CPHE 

Handler36 

3,928 3,928 20.10 0.07 1.34 262 5,264

Record and 

Maintain Records

CPHE 

Employer

2,793 2,793 30.30 0.07 2.02 186 5,642

Inform 

Cleaner/launderer

CPHE 

Employer

2,793 2,793 30.30 0.08 2.50 233 7,052

Maintenance of 

Closed System 

Record Keeping

CPHE 

Employer37

5,856 5,856 30.30 0.05 1.52 293 8,872

TOTALS 513,395 1,176,837 228,484 5,321,503

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

 29 Assume 79% of handlers. 30 Assume 4 WPS handler cases per health care worker. 31 Assume 23% of the 79% of WPS handlers. 32 Assume all large and large-small farms with handlers that use respirators. 33 Assume 50% of large and large-small farms. 34 Assume 100% of CPHE handlers. 35 Assume 4 CPHE handler cases per health care worker. 36 Assume 23% of CPHE handlers. 37 Assume 66.7% of CPHEs have 2 systems that require record keeping.
February 19, 2014

Page 34 of 39

(11) Exceptions/Exemptions

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

A worker may perform tasks in a treated area for 2 days before receiving the pesticide safety 

worker training. Prior to conducting any tasks in a treated area, the worker must be provided a copy of 

an EPA-approved pesticide information sheet and its contents communicated to the worker orally in a 

language the worker understands. The Agency assumes that this requirement takes 10 minutes of the 

agricultural establishment owner and workers time. The agricultural employer must maintain records of 

this communication for 2 years on the agricultural establishment. The Agency estimates that the 

recordkeeping will take the agricultural establishment 10 minutes per response. Employers are required 

to provide the full pesticide safety training to workers before their third day of work in pesticide treated 

area (see Section 6(b)(ii)(9)).

The Agency estimates that 39,466 or 10% of the 394,658 agricultural employers will use this 

exception (394,658*0.1). The record must include a copy of the information provided, the printed name 

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

employer’s name, and the phone number of employer or establishment. The Agency estimates that the 

number of workers that receive the pesticide information sheet is 103,740 or 5% of the total number of 

workers less the number of agricultural handlers ((2,322,610-247,815)*0.05).

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

employers and their worker and trainers to comply with this requirement is 30,445 hours and $603,314.

(Table 16)

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

Activity Respondent 

Group

Number of 

Respondents

Total 

Responses 

Annually

Wage 

Rate

Per Event 

Average

TOTALS

(3-yr. 

average)

($/hr) Burden Cost Burden Cost

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

Provide 

Information 

Sheet to 

Agricultural 

Worker

Agricultural 

Establishment 

Employer

39,466 39,466 28.21 0.17 4.70 6,578 185,555

Create, Collect, 

and Maintain 

Workers 

records for 2

years

Agricultural 

Establishment

Employer

39,466 39,466 28.21 0.17 4.70 6,578 185,555

Receive 

Information 

Sheet and 

Acknowledge 

Receipt of 

Sheet

Agricultural 

Workers

103,740 103,740 13.43 0.17 2.24 17,290 232,204

Total 143,206 182,671 30,446 $603,314

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

Notification of Exceptions for Early Entry

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

is in effect (i.e., early entry), the agricultural employer must notify the worker certain required 
February 19, 2014

Page 35 of 39

information regarding that entry. The Agency estimates that approximately 427,360 or 18.4% of the 

2,322,610 workers are involved in early entry events per year based on the Agencies assumption that 

50% of agricultural workers will be involved in an early entry event which implies that 20% of workers 

on an agricultural establishment applying pesticides. Since 87.4% of workers are employed on farms 

that apply pesticides in any given year, there is a 17.5% chance that an agricultural worker will be 

involved in an early entry event (0.20 x 0.874 = 17.5%)38. The Agency also estimates that 

approximately one third of all agricultural establishments will have an early entry event that requires 

notification assuming that the greatest number of events would be 394,658 or 1 event per 

establishment over a 3 year period. This results in 131,421 responses for agricultural establishments

(394,658 X 0.333). On average, 3 minutes of each agricultural establishment employer's time and 3

minutes of each involved worker’s time will be required for each oral notification during any early entry 

events. In addition, each agricultural establishment employer will spend another 4 minutes per early 

entry event (131,421) to create and maintain a record of information for this notification for the 406,457 

workers that are estimated to be involved in an early entry event.

The proposed rule would require that employers of workers involved in early entry activities 

retain records of the notification for two years including the acknowledgement of notification by printed 

name and signature of workers. The Agency also estimates that each agricultural establishment 

employer who informs workers of label information and workers that read or receive orally label 

information due to an early entry event will take 30 seconds per event.

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

employers and their worker/handler employees to comply with this requirement is 41,183 hours and 

$795,885. (Table 17)

Table 17: Notification of Exception for Early Entry

Activity Respondent 

Group

Number of 

Respondents

Total 

Responses 

Annually

Wage 

Rate

Per Event 

Average

TOTALS

(3-yr. 

average)

($/hr) Burden Cost Burden Cost

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

Oral Notifications Ag. 

Establishment 

Employer

394,658 131,421 28.21 0.05 1.41 6,571 185,369

Receive Oral 

Notification Sign 

and Receive 

Acknowledgement

Ag. Worker 39 427,360 427,360 13.43 0.05 0.67 21,368 286,972

Create and 

Maintain Records 

for 2 years

Ag. 

Establishment 

Employer

131,421 131,421 28.21 0.0667 1.88 8,761 247,159

Inform Workers of 

Label Information

Ag. 

Establishment 

Employer

394,658 131,421 28.21 0.0083 0.24 1,095 30,895

Read Label or 

Receive Info 

Orally

Ag. Worker 406,457 406,457 13.43 0.0083 0.112 3,387 45,489

TOTALS 801,115 1,228,080 41,182 $795,885

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

 38 Based on the Economic Analysis of Proposed Revisions to the Worker Protection Standard; Appendix A - Cost Estimation of 

Potential Regulations; Notify-07. 39 Assume 18.4% of 2,322,610 agricultural workers.
February 19, 2014

Page 36 of 39

6(c). Estimating Agency Burden and Cost

This ICR involves activities conducted by respondents, including notification to third parties. 

EPA does not conduct any activities or collect any information under this ICR so there is no Agency 

burden and cost to estimate. 

6(d). Estimating the Total Burden and Costs

The following section details the respondents’ total burden and cost for the activities detailed in 

the previous tables. Using the estimates for the number of respondents for each activity and the 

associated per respondent burden and cost estimates derived in the preceding sections, the Agency 

calculated the total burden and costs (Table 18). Because the Agency does not collect information, the 

Agency does not have any associated burden or cost.

6(e). Total Burden Hours and Cost Tables

Table 18: Total Estimated Burden Hours And Costs

Hours Costs

Respondents 8,316,993 $196,130,463

Agency n/a n/a
February 19, 2014

Page 37 of 39

6(f). Cross-walk of ICs to Supporting Statement

IC Title Supporting Statement 

Crosswalk

1 Rule Familiarization Table 5

2 Agricultural Employers Display Basic Safety Information Table 7

3 Agricultural Employers Maintain Pesticide Application Records, Copy of Product Labeling, and Copy of Safety Data Sheet Table 8

4 Agricultural Employer Notifies Agricultural Workers of Restricted Entry Areas Table 9

5 Agricultural Workers Receive of Restricted Entry Area Notifications Table 9

6 Agricultural Employers Provide Establishment-Specific Information to Handlers and Agricultural Workers Table 10

7 Agricultural Workers and Agricultural/Commercial Handlers Receive Establishment-Specific Information from Agricultural Employer Table 10

8 Agricultural Employer Notification to Commercial Handler Employer of Restricted Entry Interval Table 11

9 Commercial Handler Employer Provides Application Information to Agricultural Employer Table 11

10 Commercial Handler Employer Notifies Handler Employee of Restricted Entry Interval at Agricultural Establishment Table 11

11 Commercial Handler Receives Agricultural Establishment Restricted Entry Interval Information from Employer Table 11

12 Agricultural and Commercial Handler Employers Inform Handlers About Safe Operation, Cleaning and Repair of Equipment Table 12

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

Employers

Table 12

14 Agricultural and Commercial Handler Employers Provide Information to Medical Personnel, Workers or Handlers Table 13

15 Agricultural Employers Provide for Agricultural Worker Pesticide Safety Training Table 14

16 Agricultural Workers Attend and Acknowledge Pesticide Safety Training Provided by Agricultural Employers Table 14

17 Agricultural Employers Maintain Records of Agricultural Worker Pesticide Safety Training Table 14

18 Agricultural Employers Provide for Handler Pesticide Safety Training Table 14

19 Agricultural Handler Employees Attend and Acknowledge Pesticide Safety Training Provided by Employers Table 14

20 Agricultural Employers Maintain Records of Handler Pesticide Safety Training Table 14

21 Commercial Handler Employers Provide for Handler Pesticide Safety Training Table 14

22 Commercial Handler Employees Attend and Acknowledge Pesticide Safety Training Provided by Employers Table 14

23 Commercial Handler Employers Maintain Records of Handler Pesticide Safety Training Table 14

24 Agricultural and Commercial Handlers Attend Respirator Training, Receive Respirator Fit Test, and Complete Initial Respirator Survey Table 15

25 Agricultural and Commercial Handler Employers Maintain Medical Evaluation, Respirator Fit Testing, and Respirator Training Records Table 15

26 Medical Evaluation of Agricultural and Commercial Handlers by Health Care Worker Table 15

27 Agricultural and Commercial Handler Employers Notify Cleaners/Launderers of Personal Protective Equipment of Potential 

Contamination, Adverse Effects, Cleaning Methods, and Precautions

Table 15

28 Agricultural and Commercial Handler Employers With Closed Systems Retain Records of System Maintenance Table 15

29 Agricultural and Commercial Handlers Receive Follow-up Medical Evaluation Table 15

30 Waiting Period Prior to Worker Training Exception: Agricultural Employers Provide Pesticide Information Sheet to Agricultural Workers Table 16

31 Waiting Period Prior to Worker Training Exception: Agricultural Workers Acknowledge Receipt of Pesticide Information Sheet From 

Employers

Table 16

32 REI - Early Entry Exception: Agricultural Employers Provide Early Entry Notification and Information to Agricultural Workers Table 17

33 REI - Early Entry Exception: Agricultural Workers Acknowledge Receipt of Early Entry Notification from Agricultural Employers Table 17

34 REI - Early Entry Exception: Agricultural Employers Keep Records of Agricultural Worker Early Entry Activities Table 17

35 REI - Early Entry Exception: Agricultural Workers Read Label or Receive Info Orally from Agricultural Employer Table 17
February 19, 2014

Page 38 of 39

6(g). Reasons for Changes in Burden

The total estimated annual respondent burden for this proposed rule replacement ICR is 

8,316,993 hours. As new, replacement ICR, all of the burden would be attributed to program changes. 

However, relative to the 1,776,131 total burden hours estimated for the existing WPS regulation in the 

ICR currently-approved under OMB Control No. 2070-0148, this ICR reflects an increase of 6,540,862

hours. The increase in burden reflects both changing regulatory requirements as well as a re-estimation 

of the burden associated with existing requirements, including the inclusion of some required baseline 

activities that were not clearly included in the existing approved ICR, as well as the number of 

estimated respondents/responses based on newer information that is available to EPA. The regulatory

changes include modifications to restrictions in field entry activities during restricted entry intervals; 

increased hazard communications; increased training (for both workers and handlers); increased 

posting of pesticide application information; provisions for information during emergency assistance; 

recordkeeping for respirator requirements and for workers performing early entry activities.

6(h). Burden Statement

The total annual respondent burden for providing the training and notifications associated with 

the proposed Agricultural Worker Protection Standard Revisions is estimated to be 8,316,993 hours, 

with the incremental burden of the various activities ranging from 6 seconds per respondent for workers 

to provide acknowledgements to their employers to 5 hours per respondent to create, gather, record 

and store information for pesticide application information. This total estimate includes the third party 

WPS training and notification requirements, e.g., provisions requiring employers to: provide employees 

with pesticide-specific treatment (application) information in the form of oral or written notification, 

assure that employees receive basic pesticide safety information or training, provide emergency 

information on pesticide treatments, and notify employees when an exception/exemption to the WPS is 

being implemented, and provisions requiring handler notification to employers regarding pesticide 

treatments (applications), etc.

According to the Paperwork Reduction Act, “burden” means the total time, effort, or financial 

resources expended by persons to generate, maintain, retain, disclose, or provide information to or for 

a Federal agency. The Agency may not conduct or sponsor, and a person is not required to respond to, 

a collection of information unless it displays a currently valid OMB control number. The OMB control 

number for this information collection appears at the beginning and end of this document. In addition, 

after initial display in the final rule, OMB control numbers for EPA’s regulations are listed in 40 CFR 

Part 9.

The Agency has established a public docket for this ICR under Docket ID No. EPA–HQ–OPP–

2011-0184, which is available for online viewing at www.regulations.gov, or in-person viewing at the 

OPP Docket in the EPA Docket Center (EPA/DC). The EPA/DC Public Reading Room is located in the 

WJC West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public 

Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. 

The telephone number for the EPA/DC Public Reading Room is (202) 566-1744. You may submit 

comments regarding the Agency's need for this information, the accuracy of the provided burden 

estimates and any suggested methods for minimizing respondent burden, including the use of 

automated collection techniques.

Submit your comments, referencing Docket ID No. EPA-HQ-OPP-2011-0184 and OMB Control 

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

OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), Mail code: 28221T, 1200 

Pennsylvania Ave., NW, Washington, DC 20460, and (2) OMB by mail to: Office of Information and 

Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th 

Street, NW, Washington, DC 20503.
February 19, 2014

Page 39 of 39

ATTACHMENTS TO THE SUPPORTING STATEMENT

Attachments to the supporting statement are available in the public docket established for this ICR 

under docket identification number EPA-HQ-OPP-2011-0184. These attachments are available for 

online viewing at www.regulations.gov or otherwise accessed as described in section 6(f) of the 

supporting statement, and as noted below.

Attachment A: 7 U.S.C. 136w - FIFRA Section 25 - Also available online at the US House of 

Representatives’ US Code website

Attachment B: Wage Rate Tables for Agricultural Employers and Agricultural Workers from the EA
February 19, 2014

Attachment B: Wage Rate Tables for Agricultural Employers and Agricultural Workers 

From the Worker Protection Standard Economic Analysis - Wage Rate Calculations

Labor Category40 Base Wage 

Rate (=W)

Benefits 

(%)41

(Lb= B/W)

Benefits (B) / Hour 

($)

Loaded Hourly 

Wage (=W + B)

($)

Agricultural Establishment 19.75 0.429 8.46 28.21

CPHE 21.21 0.429 9.09 30.30

Agricultural Worker 9.40 0.429 4.03 13.43

Agricultural Handler 14.58 0.429 6.25 20.83

CPHE Handler 14.07 0.429 6.03 20.10

Handler Trainer 26.51 0.429 11.36 37.87

Health Care Worker 30.04 0.429 12.87 42.91

1. Data Source: 

BLS

http://www.bls.gov/oes/current/naics2_11.htm

 NAICS: Sector 11 - Agriculture, Forestry, Fishing and Hunting

Standard Occupational Codes

Farmers and 

Ranchers

11-9013 Farmers and Ranchers 

Agricultural 

Managers

11-9013 Farmer and Ranchers, Other Agricultural 

Managers

Healthcare 

Practitioners

29-0000 Healthcare Practitioners and Technical 

Occupations

Pesticide Handlers 37-3012 Pesticide Handlers, Sprayers, and Applicators, 

Vegetation

Agricultural 

Workers

45-2092 Farmworkers and Laborers, Crop, Nursery, 

and Greenhouse 

2. Fringe benefits/wage per hour. The average for non farm, non federal civilian 

workers. 

3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost 

Manual, Sixth Edition, EPA-452-02-001, January 2002, pg. 2-34. The loading 

for indirect costs is within the range of 20-70% of the load labor rate (wage + 

benefits) suggested in EPA guidance.

 40 Data Source: US Department of Labor. Bureau of Labor Statistics. http://www.bls.gov/oes/current/naics2_11.htm 41 Fringe benefits/wage per hour which is the average for non farm, non federal civilian workers. Note: Most farm workers do 

not receive fringe benefits.