New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 30 - PESTICIDE CONTROL CODE › Subchapter 12 - AGRICULTURAL WORKER PROTECTION › Section 7:30-12.4 - Worker entry restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the application of any pesticide on an agricultural establishment, the agricultural employer shall not allow or direct any worker to enter or remain in the treated area before the restricted-entry interval specified on the pesticide labeling has expired and all treated area warning signs have been removed or covered, except as provided in this section.
1. Entry restricted areas in enclosed space production are specified in column D in Table 1, N.J.A.C. 7:30-12.3(b)4.
2. When two or more pesticides are applied at the same time, the restricted-entry interval shall be the longest of the applicable intervals.
3. The agricultural employer shall ensure that any worker who enters a treated area under a restricted-entry interval as permitted in (c), (d), and (e) below is provided with, and uses the personal protective equipment (PPE) specified in the pesticide labeling for early-entry workers as intended according to the manufacturer's instructions, and that the worker follows any other requirements on the pesticide labeling regarding early entry.
i. The PPE shall conform to the standards in (c)4 below.
ii. The PPE shall be maintained in accordance with (c)6 below.
iii. If the labeling of the pesticide to be applied states that protective eyewear is required, the agricultural employer shall provide at least one pint of water per worker in portable containers for eyeflushing. The water shall be immediately available to each worker who is performing early-entry activities.
iv. At the end of any early-entry activities the agricultural employer shall provide soap, single-use towels, and at least three gallons of water per worker at the site where the worker removes PPE, so that the worker may wash thoroughly.
4. The agricultural employer shall ensure that each worker is at least 18 years old.
5. Prior to early entry, the agricultural employer shall provide to each early-entry worker the information in (a)5i through viii below. The information shall be provided orally in a manner that the worker can understand.
i. Location of the early-entry area where work activities are to be performed.
ii. Pesticide(s) applied.
iii. Dates and times that the restricted-entry interval begins and ends.
iv. Which exception in (b) through (e) below is the basis for the early entry, and a description of tasks that may be performed under the exception.
v. Whether contact with treated surfaces is permitted under the exception.
vi. Amount of time the worker is allowed to remain in the treated area.
vii. PPE required by the pesticide labeling for early entry.
viii. Location of the pesticide safety information required by N.J.A.C. 7:30-12.6 and 12.9, and the location of the decontamination supplies required by N.J.A.C. 7:30-12.10.
6. Prior to early entry, the agricultural employer shall ensure that each worker either has read the applicable pesticide 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.
7. The agricultural employer shall ensure that no worker is allowed or directed to wear PPE without first implementing measures sufficient to prevent heat-related illness, and that each worker is instructed in the prevention, recognition, and first aid treatment of heat-related illness.