[Federal Register Volume 60, Number 68 (Monday, April 10, 1995)]
[Notices]
[Pages 18100-18101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8726]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-00406; FRL-4948-3]


Guidance on Issuance of Worker Protection Standard Enforcement 
Actions in Response to Personal Protective Equipment Violations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On February 13, 1995, the Agency distributed its ``Summary 
Guidance on Issuance of WPS Enforcement Actions'' which applied to any 
violations of the Worker Protection Standard (WPS). EPA was recently 
asked to distribute further guidance specific to enforcement of the 
personal protective equipment (PPE) provisions of the WPS. In response, 
the Agency developed guidance which applies to PPE violations the 10 
factors which EPA recommends be considered in determining the 
appropriate recipients of WPS enforcement actions. This guidance was 
distributed to EPA Regional Offices on March 30, 1995, for transmittal 
to state pesticide enforcement personnel, the intended audience for the 
guidance. EPA is publishing the March 30th guidance at the request of a 
state organization.

FOR FURTHER INFORMATION CONTACT: Patricia L. Sims, Toxics and 
Pesticides Enforcement Division, Office of Enforcement and Compliance 
Assurance, 2245A, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460, Telephone: (202) 564-4048.

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is providing this document in response to requests made for 
specific guidance concerning enforcement of the PPE provisions of the 
FIFRA WPS. This summary guidance is organized according to the 10 
factors to be considered in determining the appropriate recipients of 
WPS enforcement actions, and employers/owners/operators' PPE 
responsibilities.

II. Ten Factors for Consideration

    EPA recommends that accountability for compliance with the FIFRA 
WPS be decided on a common sense, case-by-case basis. ``Summary 
Guidance on Issuance of WPS Enforcement Actions,'' provided February 
1995, identifies the following 10 factors which EPA recommends States 
consider when they need to determine the appropriate recipient(s) of a 
WPS enforcement action:
    1. Who has control over pesticide use;
    2. Who directs pesticide use;
    3. Who has control over the agricultural establishment for posting 
and other WPS-related responsibilities;
    4. Who gives direction on the agricultural establishment for 
posting and other WPS-related responsibilities;
    5. Who has control over the practices used by agricultural workers 
on the establishment;
    6. Who directs the practices used by agricultural workers on the 
establishment;
    7. Measures taken to comply with provisions of the WPS;
    8. Actions taken in response to incidents of noncompliance;
    9. History of prior violations; and
    10. Ability to assure continuing compliance with the WPS.
    Documentation by employers/owners/operators could assist them in 
demonstrating to State regulatory officials, their efforts to comply 
and responses to instances of noncompliance. The totality of the 
circumstances should be considered in each case. The 10 factors are not 
listed in any order of priority; each factor should be appropriately 
considered in every case.

III. Employers/Owners/Operators PPE Responsibilities

    The 10 factors should be considered if an employee (including 
workers and handlers) does not use PPE required by the WPS. It is 
essential for employers/owners/operators to take an active role to 
assure that PPE is used.
    The employer/owner/operator bears primary responsibility for WPS 
PPE compliance. Employers/owners/operators must provide, clean and 
maintain PPE, and instruct employees on its proper use. The employer/
owner/operator has a responsibility to inform employees who do not use 
their PPE that such clothing or protective gear is required. In the 
case of pesticide handlers, the responsibility to follow label 
directions and use PPE properly is a shared one with the employer.
    The employer/owner/operator also has a responsibility to take 
appropriate actions if an agricultural employee does not comply with 
instructions to use PPE. If an employee does not use WPS required PPE, 
appropriate supervisory actions that could be taken by the employer/
owner/operator to achieve compliance include warnings and 
[[Page 18101]] nondiscriminatory discipline. If an employer/owner/
operator provides employees with appropriate PPE, training and 
supervision per the specifications of the WPS, there should not arise 
an occasion on which the employer/owner/operator would be subject to a 
WPS/PPE enforcement action due to the individual decision of an 
agricultural employee not to use the PPE.
    Enforcement officials will consider the facts of a case before 
determining how to respond to any WPS violation, consistent with the 10 
factors identified in the Agency's February 1995 summary WPS 
enforcement guidance. EPA recommends that accountability for compliance 
be decided on a common sense basis, and that the totality of the 
circumstances be considered in each case, including enforcement actions 
in response to PPE violations.

    Dated: April 4, 1995.
Jesse Baskerville,
Director, Toxics and Pesticides Enforcement Division, Office of 
Enforcement and Compliance Assurance.

[FR Doc. 95-8726 Filed 4-7-95; 8:45 am]
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