California Code of Regulations › Title 3 - Food and Agriculture › Division 6 - Pesticides and Pest Control Operations › Chapter 3 - Pest Control Operations › Subchapter 3 - Pesticide Worker Safety › Article 4 - Fumigation › Section 6784 - Field Fumigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 (Reserved)
(b) The provisions of
					 this subsection pertain to field soil fumigations using methyl bromide applied
					 pursuant to the fumigation methods described in section
					 6447.3.
(1) Employer Recordkeeping. The employer
					 shall maintain records for all employees performing fumigation-handling
					 activities. The records must identify the person, work activity(ies), date(s),
					 duration of handling, the U.S. Environmental Protection Agency Registration
					 Number, and the brand name of the methyl bromide product handled. The employer
					 shall maintain these use records at a central location for two years.
(2) Employee Protection Requirements.
(A) Employees involved primarily in shoveling
					 shall work only at the ends of the application rows.
(B) When required by this section, employees
					 shall wear a certified respiratory protection as specified on the label.
					 Employees shall wear the required respiratory protection during the entire
					 duration of the fumigation-handling activity.
(3) Limited Work Hours and Workdays.
(A) No employee may work in
					 fumigation-handling activities more than the hours specified in Table
					 1--Maximum Work Hours during the injection period and during the entry
					 restricted period.
1. An employee may perform
					 fumigation-handling activities without the work-hour limitations specified in
					 Table 1--Maximum Work Hours if a full-face respirator is worn during the entire
					 duration of the activity.
2.
					 Multiple-Task Employees. An employee may work in more than one work task and/or
					 application method in a 24-hour period as long as the employee's total work
					 hours do not exceed the lowest total hours specified in Table 1--Maximum Work
					 Hours for any one work task or application method
					 performed.
(B)
					 Notwithstanding subsection (b)(3)(A), an employee may work in
					 fumigation-handling activities in a 24-hour period for the work hours specified
					 in Table 2-Maximum Work Hours in a Maximum Three (3)Workdays Per Calendar Month
					 during the injection period and during the entry restricted period, provided
					 the employee's total workdays performing fumigation-handling activities do not
					 exceed three days in a calendar month.
1. An
					 employee may perform fumigation-handling activities without the work- hour
					 limitations specified in Table 2--Maximum Work Hours in a Maximum Three
					 (3)Workdays Per Calendar Month if a half-face respirator is worn during the
					 entire duration of the activity.
2.
					 Multiple-Task Employees. An employee may work in more than one work task and/or
					 application method in a 24-hour period as long as the employee's total work
					 hours do not exceed the lowest total hours specified in Table 2--Maximum Work
					 Hours in a Maximum Three (3) Workdays Per Calendar Month for any one work task
					 or application method performed.
Table 1. Maximum Work Hours
Fumigation
								Method/Activities
Maximum Application Rate (lbs. of actual
								methyl bromide per acre)
Maximum Work Period Wearing Half-Face
								Respirator During Entire Fumigation-Handling Activity
Nontarpaulin/Shallow/Bed:
Tractor Equipment Driving
200 lbs.
8*
Supervising
8*
Nontarpaulin/Deep/Broadcast:
Tractor Equipment Driving
400 lbs.
8*
Supervising
81
Tarpaulin/Shallow/Broadcast:
Tractor Equipment Driving
7*
Shoveling, Copiloting
3*
Supervising
400 lbs.
3*
Tarpaulin Cutting
101
Tarpaulin Removal
no limitation2
Tarpaulin/Shallow/Bed:
Tractor Equipment Driving
no limitation
Shoveling, Copiloting
250 lbs.
6*
Supervising
6*
Tarpaulin Cutting
101
Tarpaulin Removal
no limitation2
Tarpaulin/Deep/Broadcast:
Tractor Equipment Driving
7*
Shoveling, Copiloting
400 lbs.
3*
Supervising
3*
Tarpaulin Cutting
101
Tarpaulin Removal
no limitation2
Drip System -- Hot Gas:
Applicators
4*
Supervising
225 lbs.
4*
Tarpaulin Cutting
101
Tarpaulin Removal
no limitation2
_______________
1 Exception: An employee may perform this activity
						without a half-face respirator provided the employee does not work more than
						one hour in a 24-hour period. The maximum one-hour work limitation may be
						increased in accordance with the formula located below.
2 Exception: An employee may perform this activity
						without a half-face respirator provided the employee does not work more than
						three hours in a 24-hour period. The maximum three-hour work limitation may be
						increased in accordance with the formula located below.
* If the actual methyl bromide application rate is less
						than the maximum application rate shown in Table 1 or below in Table 2 for the
						particular fumigation method used, the maximum work hours may be increased in
						accordance with the following formula:
maximum
revised maximum
[
maximum application rate for
								method
x
work hours in a
=
work hours in a
actual application rate]
24-hour period
24-hour period
Table 2. Maximum Work Hours in a Maximum Three (3)
						Workdays Per Calendar Month
Fumigation
								Method/Activities
Maximum Application Rate (lbs. of actual
								methyl bromide per acre)
Maximum Work Hours in a 24-Hour Period
								Without the Use of Respirators
Nontarpaulin/Shallow/Bed:
Tractor Equipment Driving
200 lbs.
4*
Supervising
4*
Nontarpaulin/Deep/Broadcast:
Tractor Equipment Driving
400 lbs.
4*
Supervising
7*
Tarpaulin/Shallow/Broadcast:
Tractor Equipment Driving
4*
Shoveling, Copiloting
3*
Supervising
400 lbs.
3*
Tarpaulin Cutting
4
Tarpaulin Removal
7
Tarpaulin/Shallow/Bed:
Tractor Equipment Driving
4*
Shoveling, Copiloting
250 lbs.
4*
Supervising
4*
Tarpaulin Cutting
4
Tarpaulin Removal
7
Tarpaulin/Deep/Broadcast:
Tractor Equipment Driving
4*
Shoveling, Copiloting
400 lbs.
3*
Supervising
3*
Tarpaulin Cutting
4
Tarpaulin Removal
7
Drip System -- Hot Gas:
Applicators
2*
Supervising
225 lbs.
2*
Tarpaulin Cutting
4
Tarpaulin Removal
7
(C) No employee shall be allowed to alternate
					 between the workday and work-hour requirements specified in subsection
					 (b)(3)(A) and (B) unless the employee did not perform fumigation-handling
					 activities during the previous 30 days.
(4) (Reserved)
(5) Tarpaulin Repair.
(A) The operator of the property shall assure
					 that a "tarpaulin repair response plan" is provided to the commissioner. The
					 tarpaulin repair response plan must identify the responsibilities of the
					 licensed pest control business and/or the permittee with regard to tarpaulin
					 damage detection and repair activities. At a minimum, the tarpaulin repair
					 response plan must indicate the parties responsible for the repair and
					 incorporate the applicable elements listed in (B) below.
(B) The "tarpaulin repair response plan"
					 approved by the commissioner in the work site plan must state with specificity
					 the situations when tarpaulin repair must be conducted. The situations should
					 be based on, but not limited to, hazard to the public, residents, or workers;
					 proximity to occupied structures, size of the damaged area(s); timing of
					 damage; feasibility and response time of repair; and environmental factors such
					 as wind speed and direction.
(C)
					 The ambient air in the damaged areas of the tarpaulin to be repaired must be
					 tested for methyl bromide concentration by a certified applicator of the
					 licensed pest control business that made the application, or by a certified
					 applicator employee of the permittee, or certified applicator permittee, using
					 a testing device as specified by the labeling. The certified applicator shall
					 wear self-contained breathing apparatus when conducting these tests.
(D) All repair work areas must test less than
					 five parts per million methyl bromide before any employee without respiratory
					 protection shall be allowed to enter and conduct tarpaulin repair. Such
					 employee is limited to one work hour in a 24-hour period, unless respiratory
					 protection specified on the label is worn.