# -r .f "I'11~i1 ~~ FARMWORKER JUSTICE December 15, 2006

rfhe Honorable Stephen L. Johnson Administrator U.S. Environmental Protection Agency Ariel Rios Building 1200 Pennsylvania Avenue N.W . Washington, D

.C. 20460 Dear AdministratorJohnson, r, . _ ~ . ._, . ~ ..-F- l ~-~~ (`A`~~8EGt ;i=TAF1'1AI`

Each year. thousands offarmworkers and their children are injured by exposure to pesticides. 'hhey also face elevated risks ofcancer, birth defects, infertility, and neurological disorders, including Parkinson's disease. Recent studies show that even low

levels ofexposure can lead to deficits in attention, memory and intellectual functioning. TheWorker Protection Standard (WPS), issued in 1992, has not stemmed this tide ofsuffering. Improving the protections, training and information available to workers will lead to both a reduction in human illness and injury to wildlife and the environment. Consequently, the undersigned farmworker, Latino, labor, environmental, faith-based, health and other groups, urge you to propose issue and implement major regulatory reforms in the WPSwithout delay. For workers laboring in pesticide-treated fields, orchards, greenhouses, nurseries, mushroom houses and forests (known as post-application workers), improvements are needed in training, hazard information, re-entry and other protections. The current WPSscheme hinges largely on 

## I 'd' I I I I )rovi Ingpost-applicationworkerswithacursory pesticidesat'ety training, once every five years. 

### One short training session, years apart without reinforcement, cannot ensure that workers appreciate the health risks facing themor their families or know how to prevent injury or secure 

### assistance in case ofexposure. Studies show that misconceptions abound among farmworkers. Many workers believe that they can recognize pesticide hazards by the smell, that invisible residucs pose no threat, and that the adverse effects of pesticide exposure last no more than a day or two. Most also lack information about their rights or how to enforce them

. Under the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard, by contrast, workers in non-agricultural settings are entitled to far more extensive training and chemical inforrnation, than farmworkers receive under the WPS . The OSHA standard, for example, requires that workers receive training and have access to written information on the short- and long- termhealth effects associated with all toxic chemicals used at thcir worksites, before they begin work in that area. Although the EPAproposed adding a Hazard Communication provision to the WPS in 1992, no such protection has ever been included. This C)11n1sSlon must be rectified.

1010VermontAve., NW, Suite 915 " Washington, DC20005 (202) 783-2628 9 (202) 783-2561 fax 9 email : fjCnclr.org " www .farmworkerjustice.orgTo secure the information they need, farmworkers must receive an annual, comprehensive training, conducted in an interactive manner, before they are exposed to pesticides. The training should focus on protecting workers and their children/families and include concrete information on workers' rights and how to enforce them

. In addition, farmworkers should be given written information, in a pictorial and low-literacy format, concerning the short- and long- termhealth effects associated with each pesticide used at their worksites. This would enable themto recognize and seek medical assistance when they experience symptoms which may be related to pesticide exposure. Restricted entry intervals (REIs) are a second critical component ofprotection for postapplication workers. They are intended to provide a physical barrier, reducing worker exposure to pesticides when and where the risk is greatest. But workers are not effectively warned to keep out of recently treated areas. In addition, vague and overbroad REI exceptions undermine the value of this protection. Nor is the use of Personal Protective Equipment (PPE) a practical alternative for these workers. PPE impedes worker efficiency, which cuts the pay of piece-rate workers and the equipment is often too hot or uncomfortable tobe worn. As a consequence, early entry into areas under an REI should be prohibited except in true emergency situations (e.g., an unexpected freeze) . 

### Pesticide exposure fromdrift ofsprays which are applied in nearby fields is one ofthe leading causes ofpoisoning ofpost-application workers. These incidents pose serious risks since they occurwhen pesticides are highly toxic and the affected workers are wholly unprotected. Currently, the WPS largely ignores drift, omitting both buffer zone requirements and provisions for access to spray and label information, when the drift results fromapplications performed by an individual who does not employ the affected workers (or provide services tothe workers' employers) . Farmworkers often return home fromwork with pesticide residues on their skin, clothes and shoes. These residues contaminate the workers' homes and vehicles, and enter the bodies of their children. Numerous studies have shown that farmworker children are far more exposed to pesticides than children whose parents do not work in agriculture. These "take home" exposures could be reduced by requiring employers to provide their workers with an area at the worksite to wash themselves, change and store clothes. Changes are also needed to protect farmworkers whomix, load or applypesticides under the supervision ofcertified applicators (i .e., the workers known as pesticide handlers) . Such reforms must include: medical monitoring, fit-testing of respirators, use ofclosed mixing and loading systems, appropriate-language pesticide labels and the provision ofshowering and changing areas. Medical monitoring of pesticide handlers is a crucial early detection method to prevent overexposure to the twotypes ofinsecticides responsible for the most reported acute poisonings: Toxicity Category 1 and 2 organophosphates (OPs) and n-methyl carbamates (CBs) . Exposure to these products causes both immediate and long-termdamage to the brain and nervous system . Medical monitoring programs have been adoptedin California (1974), Washington State (2003) and Ohio (2005) . Reports fromthe firsttwoyears of implementation in Washington State have shown that the program has prevented injury to a significant number of handlers in a costeffective manner. It is time to require such aprogramnationally.While OSHA requires workers wearing respirators to be "fit tested" and medicallyevaluated before using such equipment, the WPSdoes not. Without these protections, respirators often do not fitproperly and workers with contraindicated medical conditions are allowed to wear respirators, resulting in injury. Under the WPS, workers using respirators should be fit-tested and medically evaluated. Handlers need access to label information in order toprevent injury to themselves, others and the environment. Pesticide companies canproduce these labels in multiple languages and should be required to do so. In addition, handlers, like field workers, can cause "take home" exposure to their families, unless they have an opportunity to shower and change clothes before leaving work. Pesticide handlers mixing and loading Toxicity Category 1 liquids and wettable powders are injured due to spills, splashes and blowingpowder. To protect these workers, the WPS should require closed mixing and loading systems for all Toxicity Category 1 and 2pesticides. 

### Both handlers and post-application workers are afraid to file complaints, when their WPS rights are violated, for fear ofemployerretaliation. The WPS must include clear procedural safeguards that afford workers the opportunityto file complaints with a grant of confidentiality that only the worker can waive. In addition, workers should be permitted to be parties in administrative hearings, requested by employers, to contest alleged violations. Finally, stiff financial penalties and license revocations should be utilized to achieve compliance with these crucial requirements. Our specific recommendations are set forth in Attachment 1 . By adopting thesereforms, the EPA will greatly reduce the risk of immediate and long-term illness to farmworkers and their families and improve protections for wildlife and the environment. 

### Sincerely, Shelley Davis Deputy Director Farmworker Justice 

# 0

Mary Bauer Director, ImmigrantJustice Project Ann R . Cox Executive Director American Association of Occupational Health Nurses, Inc. Atlanta, GA Southern Poverty Law Center Caroline C :ox Montgomery, AL Research director Carol Brooke StaffAttorney 

### North Carolina Justice Center Raleigh, NC Will Callaway Legislative Director 

### Physicians for Social Responsibility Jessie Coclcs Kennett Area Democrats Chair/Zone Leader and Spirit Body Resources Founder/Facilitator Kennett Square, PA 8 

### Center for Environmental Health Oakland, CA D . Michael Dale Executive Director Northwest Workers' Justice Project Portland, OR Jaime Duggan Outreach Worker Farmworker Health Program, Watauga Medical Center Boone, NCKathleen Fagan, MD Occupational Doctor AOECClinic Lorain, OH .lay Feldman Executive Director Beyond Pesticides Washington, DC 

### Nora Ferm Director, Fairness in Flowers Campaign and Rights for Working Women Campaign International Labor Rights Fund Washington, DC - Joan D . Flocks Director, Social Policy Division Center for Governmental Responsibility Levin College of Law 

### University of Florida Gainesville, FL Tim Freilich Legal Director Virginia Justice Center for Farmand Immigrant Workers 

### Charlottesville, VA Michael Fry American Bird Conservancy Washington, DC Humber-to Fuentes Chair Farmworker Advocate Nampa, ID Melody Goldberg Attorney at Law Director, Migrant Farmworker Law Center Indiana Legal Services Indianapolis, IN Patti Goldman Managing Attorney Earthjustice Seattle, WA 

### Billy W . Green North Carolina Public Records Law Spring Hope, NC N orma Grier Executive Director 

### Northwest Coalition for Alternatives to Pesticides (NCAP) Eugene, OR Tee L. Guidotti, MD, MPH, Professor Chair, Dept. ofEnvironmental and Occupational Health Director, Division of Occupational Medicine and Toxicology (Dept. of Medicine) The George Washington University Medical Center Washington, DC Eric M . Gutierrez Legislative StaffAttorney MALDEF Washington, DC Teresa M

. Hendricks Director and Senior Litigator Michigan Migrant Legal Assistance Project, Inc. Grand Rapids, Michigan 

### Caroline Kennedy Defenders ofWildlife Washington, DC Legal Services ofNew Jersey Edison and Bridgeton, NJ 

### Stephen M

. Levin, MD Medical Director Mount Sinai - IJ Selikoff Center for Occupational and Environmental Medicine New York, NY Amy K. Liebman, MPA Migrant Clinicians Network Quantico, MD

### Allison Lipscomb, MPH Program

Director Farmworker Health Program, Watauga Medical Center Boone, NC .1ena Matzen J. D

. Chair Advisory Board ofthe North Carolina Farmworker Health Program Raleigh, NC 

### Maricela Morales Mayor Pro Tern City of Port Hueneme Port Hueneme, CA Lupe Martinez Executive Director i .JMOS Milwaukee, WI Tirso Moreno General Coordinator 

### Farmworker Association of Florida Apopka, FL Karen Mountain, RN, MSN, MBA ChiefExecutive Officer Migrant Clinicians Network Austin, TX 

### Neil D . Michaud Director of Peace andJustice Office Environmental Justice Commission, Peace andJustice Office, Diocese ofVenice in Florida 

### Venice, FL Virginia Nesmith Executive Director National FarmWorker Ministry St. Louis, MO Erik Nicholson United Farm

Workers ofAmerica 'Cakoma. WA Teresa Niedda Administrator Farmworker Health and Safety Institute Bridgeton, NJ Laurence E. Norton, II Executive Director CommunityJustice Project Harrisburg, PA Gene Ortega President Rural Housing, Inc. Albuquerque, NM 

### Fawn Pattison Executive Director Pesticide Education Project Raleigh, NC Deepa Premnath Pesticide Program

Outreach and Education Worker Farmworker Legal Services of NY, Inc. Rochester, NY Nancy R

. Powers Consultant, Farmworker Solidarity Project Florida Catholic Conference 

### Tallahassee. FL Ramon Ramirez Pineros y Campesinos Unidos de Noreste Woodburn, OR Anna L. Rizzi Michigan Migrant Legal Assistance Project, Inc. 

### Grand Rapids, MI Margaret Reeves Senior Scientist Pesticide Action Network, North America San Franciso, CA Michael Rowland, MD, MPH Medical Director Maine Migrant Health Program Augusta, ME Jennifer Sass Senior Scientist Natural Resources Defense Council Washington, DC

### Damien W . Sanchez Michigan Migrant Legal Assistance Project, Inc. 

### Grand Rapids, MI Daniel Schlanger StaffAttorney 

### Legal Aid Society ofCleveland Cleveland, OH Erika Schreder Staff Scientist Washington Toxics Coalition Seattle, WA Rev. Patrick Seyler Mission Developer United in Faith Episcopal-Lutheran Mission Kennett Square, PA Nargess Shadbeh Farmworker Director Oregon Law

Center Portland, OR 

### Christopher Siple Founder/Director and Reconciliation Project Nashville, 'I'N Marcos Vargas, PhD

. Executive Director Central Coast Alliance United for a Sustainable Economy (CAUSE) Ventura, CA Melinda Wiggins Executive Director Student Action with Farmworkers Durham, NC Serafina Youngdahl Lombardi Union Representitive Union de Trabajadores de Kaolin Kennett Square, PA Barbara Vodapivc Administrative Assistant Farmworker Justice Washington, DC

### SPECIFIC RECOMMENDATIONS FOR IMPROVEMENTS IN THE WORKER PROTECTIONSTANDARD ATTACHMENT 1 1. RECOMMENDATIONS FORPOST-APPLICATIONWORKERS 

### The WPS must be expanded to include the following requirements: " All post-application workers must receive pesticide safety training on an annual basis before they are exposed to pesticides . " In addition to current topics, the required pesticide safety training must cover: (i) information about the immediate, intermediate and long-termhealth risks to workers and their families fromexposure to the specific pesticides used at the worksite; (ii) expanded information on how

workers can reduce workplace, "take home" or drift exposures to themselves and their families; (iii) an explanation ofthe pesticide information sheets and how to use them, including an explanation that: 1) workers maybe suffering froma pesticide-related illness when they are experiencing symptoms associated with the pesticides to which they have been exposed; 2) that the information sheets will help a health professional diagnose a pesticide-related condition; (3) that workers should retain these sheets and give themto a health care provider, in case ofsuspected poisoning; (4) workers' rights, including how to file a confidential complaint and the protection against retaliation; (5) contact information for the state agency which accepts complaints; and (b) contact information for a nearby legal services agency or farmworker group. " Employed workers must be paid forthe time they spend attending a pesticide safety training session. 

### " The WPS mustprohibit an employer fromrefusing to hire a worker who does not have proofofhaving been trained. + To be certified as a pesticide safety trainerfor post-application workers or pesticide handlers, an individual must complete an EPA- or state- approved train-the-trainer course covering methods of conducting an informal adult participatory education session for low literacy learners, with limited English proficiency. " Workers must receive a simple pesticide information sheet, in a pictorial and lowliteracy format and in a language the worker understands, which states the name ofeach pesticide used on a crop; its REI ; the short-and long- termhealth effects ofexposure to that product; and when the pesticide is used (by month or part of the cultivation cycle) . Pesticide manufacturers should be required to prepare such a sheet for each product it sells that bears the WPSreference on its label . 

### " Employers should compile these sheets so that a worker receives a single booklet with all pesticide information sheets applicable to the crop in which s/he is working. " When workers are given the pesticide information sheet, they should alsobe advised that pesticide application information is posted at the usual points ofentry to the field. (This pesticide list will cover all pesticides applied or covered by REIs within the last 30days.) " All fields which are or have been under an REI during the preceding 30days, must have a sign at the usual points ofentry which states the following specific information: name of pesticide applied; application date and times; REI, contact information for employer; onfarmmanager; or pesticide applicator and date and time that REI expires." in addition, attached to each sign should be a written list of the pesticides used on that field -- or for which an REI was in effect -- during the past 30days. The list should be written in English and Spanish or other language spoken by a majority of the workers employed by that employer, and also include dates each pesticide was applied, REI, and the date and time the REI expires. " In fields coveredby REIs of more than 72 hours, a warning sign should also be posted at the usual points ofentry to the field and every 100 feet around the field's perimeter. The posted warning sign should bear the skull and cross bones, not the current sign (i .e., a manwith an upraised hand) . " In case ofsuspected pesticide exposure to a worker, a worker's family member or bystander, growers must provide pesticide application information and a copy ofthe label(s) and MSDS or information sheets to the affected person, his/herrepresentative or a health care professional, upon request, within two business days. In the event ofa medical emergency, the information must be provided within one hour. " An EPA-approved pesticide safety poster must be posted at the typical points ofentry to a treated field or at the site of the decontamination water. " Early reentry exceptions for "limited contact," "no contact" or irrigation workers, should be repealed. Exceptions should only be granted in the event ofa true emergency orwhen a need is specifically justified through notice and comment rulemaking. " Moving or checking irrigation equipment should be included within the definition of hand-labor activities. " When an emergency exception is invoked, workers must receive written notification that they: (i) have been designated as early entry workers; (ii) are being put into a field prior to the REI's expiration, and (iii) must wear specified PPE, which is identified on the product label or WPS . " No worker should be permitted inside enclosed areas such as greenhouses or mushroom houses while spraying is occurring. Moreover, the adequacy of the 24 hour passive ventilation REI and other greenhouse ventilation criteria should be re-evaluated by EPA or NIOSH. 

### " All farms must have an area where workers can change into work clothes and store clean clothing. Handwashing water, soap and towels must also be available at these sites. " Information should be posted, in changing areas, in an appropriate language(s) and literacy level, explaining whyand how to protect household members fromexposure to pesticide residues. II . RECOMMENDATIONS FORPESTICIDE HANDLERS : " lZequire medical monitoring of pesticide handlers, who mix, load or apply Toxicity Category 1 or 2 OPs or CBs for 30or more hours in a 30day period, which includes taking baseline and periodic plasma and red blood cell cholinesterase tests. Employers must pay the cost of the medical monitoring, but doctors must informworkers and employers of results and results must be reported directly by the laboratory to the state agency overseeing the program . " When workers experience a 20% or more cholinesterase depression, the state agency must investigate and report on possible cause(s) . " When workers experience a 30% depression of RBCor a 40%depression of plasma cholinesterase, they must be removed fromworkuntil their cholinesterase rebounds to 90% of normal . During this period, they must receive their average rate of pay for the last full pay period in which they worked. (Removal protection wages must be available for at least three months.)

### " Laboratory tests should be performed by a single laboratory for both the baseline and follow-up tests. The EPAor state lead agency should approve the labs, preferably designating a single lab for each state. (The list ofapproved labs should be updated periodically and posted on the EPAand state lead agency websites.) " Each state lead agency should report annually the number ofworkers with cholinesterase depressions of 20%or more and the likely causes. In addition, each state lead agency should report on the number ofworkers removed fromwork, due to cholinesterase depression, and the length of time they had to stay out of work before their cholinesterase level returned to 90%of normal . " EPA should adopt a requirement for fit-testing of respirators and the medical evaluation of handlers who must wear them . 

### " Pesticide labels should clearly state when respiratory protection is required. " Growers and commercial applicator companies irnust provide showers and changing facilities for pesticide handlers to enable themto shower and change clothes at the end of their work day. Facilities must be supplied with soap and towels as well as uncontaminated lockers where workers can store their street clothes. " All Toxicity Category 1 and 2 wettable powders and other dry formulations must come in water soluble packets. Liquids must be packaged in containers that are compatible with closed mixing and loading systems or water soluble bags. Design and construction standards must also be established for these systems. " Handlers must receive training on an annual basis. " Training must cover: (i) how to properly fit PPE; (ii) how to check whether PPE is in good repair; (iii) the purpose and procedures of the medical monitoring system ; (iv) a handler's rights (including the right tobe free from retaliation) ; (v) how

to file a complaint and contact information for the state agency handling complaints and (vi) contact information for nearby low cost or free legal and health services. " Pesticide labels must be made available to handlers in English, Spanish orother languages spoken by the handler or it must be read or translated for the handler, upon request. 

### 111. Expansion of Scope ofWPS and Additional Procedural Protections " WPS should be expanded to cover dairy, livestock, landscape, and maintenance workers. " Workers must have a right to file complaints anonymously. Astate agency cannot release the name ofa complaining employee unless it obtainsthe complainant's agreement in writing. 

### " A worker's representative should be authorized to file a complaint on the workers' behalf. " Complaints alleging worker injury should be investigated within 48 hours. " Workers should be permitted to participate as a party to an administrative proceeding requested by an employer to challenge an alleged WPS violation. " Adequate fines, license revocations and other enforcement measures should be used to deter misconduct. " EPA should approve an annual state plan for all state lead agencies, enforcing the WPS . The state agencies should also be required to report key data to EPAon an annual basis. " The state agency responsible for conducting workplace investigations should make summary data available to thepublic. Such data should include, but not be limited to: (i) number of investigations; (ii) number and type ofviolations found; and (iii) number and amount offines and other penalties issued.References Arcury TA, Quandt SA, Chronic agricultural chemical exposure among migrantand seasonal farmworkers. Soc Natur Resour 11 :829-843 (1998) . 

### Arcuiy, TA, Pesticide Exposure Beliefs AmongLatino Fannworkers in North Carolina's Christmas Tree Industry, Am

. J. Ind. Med. 40:153-160 (2001) . Arcuty TA, Quandt SA, Rao P, Doran AM, Snively BM, Barr DB, Hoppin JA, Davis SW, Organophosphate pesticide exposure in farmworker family members in western North Carolina and Virginia: Case comparisons. Hum Organ 64:40-51 (2005) . Bradman, M

.A. Harnly ME, Draper W, Seidel S, Teran S, Wakeham D, Neutra R

., Pesticide exposures to children fromCalifornia's Central Valley: Results ofa pilot study. Journal of Exposure Analysis andEnvironmental Epidemiology, 7: 217-234 (1997) . Coronado, GD, Thompson B, Strong L, Griffith WC, Islas 1. "Agricultural Task and Exposure to Organophosphate Pesticides Among Farmworkers," Environmental Health PC'rI1)eCtlvL' .4, vol . 112, no. 2, February 2004, pp. 142-147. 

### Curl, CL, Fenske RA, Kissel JC, Shirai JH, Moate TF, Griffith W, Coronado G, Thompson B. Evaluation oftake-home organophosphorus pesticide exposure among agricultural workers and their children. EnvironmentalHealth Perspectives, 110:A787-A792 (2002) . Davis, S &Schleifer, R, Indifference to Safety (Farmworker Justice 1998) Fear NT, Roman E, Reeves G, Pannett B. Childhood cancer and paternal employment in agriculture: The role ofpesticides. Brit J Cancer 77:825-829 (1998)

. Fenske, RA, Kissel JC, Lu CS, Kalman DA, Simcox NJ, Allen EH, Keifer MC, Biologically Based Pesticide Dose Estimates for Children in an Agricultural Community, Environmental Health Perspectives (June 2000) Fenske, RA, Lu CS, Simcox NJ, Loewenherz C, Touchstone J, Moate TF, Allen EH, Kissel JC, Strategies for assessing children's organophosphorous pesticide exposures in agricultural communities. Journal ofExposureAnalysis and Environmental Epidemiology. 10 : 662-671 (2002) . Garry VF, Harkins ME, Erickson LL, Long-Simpson LK, Holland SE, Burroughs BL. 2002. Birth defects, season ofconception, and sex ofchildren born to pesticide applicators living in the Red River Valley of Minnesota, USA . Environ Health Persp 110:441-449. Loewenherz C, Fenske RA, Simcox NJ, Bellamy G, Kalman D . 1997. Biological monitoring of organophosphorus pesticide exposure among children ofagricultural workers in central Washington State. Environ Health Persp 105:1344-1353. Lu, CS, Fenske RA, Simcox NJ, Kalman D, Pesticide exposure ofchildren in an agricultural community: Evidence of household proximity to farmland and take-home exposure pathways. Environmental Research, 84: 290-302 (2000)McCauley, LA, Lasarev MR, Higgins G, Rothman N, Muniz J, Ebbert C, Phillips J, Work characteristics and pesticide exposures among migrant agricultural families: Acommunity-based research approach. Environmental Health Perspectives, 109:533-538 (2001) . 

### Mills, PKand Kwong S, Cancer Incidence in the United Farmworkers ofAmerica 1987-1997, Am J . of Ind. Med. 40:59G-G03 (2001) . Quandt SA, Arcury TA, Rao P, Snively BM, Camann DE, Doran AM, YauAY, Hoppin JA, Jackson DS. 2004b. Agricultural and residential pesticides in wipe samples fromfarmworker family residences in North Carolina and Virginia. Environ Health Persp 112:382-387. Reeves, M, Guzman M, Katten A, Fields of Poison 2002 Rothlein, Joan, Rohlman, Diane, Lasarev, Michael, Phillips, Jackie, Muniz,Juan, McCauley, Linda, "Organophosphate Pesticide Exposure and Neurobehavioral Performance in Agricultural and Nonagricultural Hispanic Workers," Environmental Health Prospectives vol . 114, No. 5, pp 691-696 May 2006 1J .S. General Accounting Office, Pesticides: Improvements Needed to Ensure the Safety of Fai-mworkers and Their Children GAO/RCED-00-40 March 2000 Villarejo, Det al ., Suffering in Silence: AReport on the Health of California's Agricultural Workers (200) 

### Washington Department ofHealth SUMMARY OF FOCUS GROUP DISCUSSION 2003

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