reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › GENERAL PROVISIONS › Section 16-233-041 - Violations of this chapter - 40 C.F.R., Section 170317

Current through Register Vol. 24-14, July 15, 2024
(1)
										RCW
				  15.58.150(2)(c) provides
				  that it is unlawful for any person "&to use or cause to be used any
				  pesticide contrary to label directions&." When 40 C.F.R., Part 170 is
				  referenced on a label, users must comply with all of its requirements, except
				  those that are inconsistent with product-specific instructions on the pesticide
				  product labeling, except as provided for in WAC 16-233-301, 16-233-306, and
				  16-233-316.
(2) A person who has a
				  duty under this chapter, as referenced on the pesticide product labeling, and
				  who fails to perform that duty, violates
				  RCW
				  15.58.330 and
				  17.21.315, FIFRA Section 12
				  (a)(2)(G), and is subject to civil penalties under
				  RCW
				  15.58.335,
				  15.58.260, and
				  17.21.315.
(3) FIFRA Section 14 (b)(4) provides that a
				  person is liable for a penalty under FIFRA if another person employed by or
				  acting for that person violates any provision of FIFRA. The term "acting for"
				  includes both employment and contractual relationships including, but not
				  limited to, labor contractors.
(4)
				  The requirements of this chapter, including the decontamination requirements,
				  must not, for the purposes of Title 29 U.S.C. Sec. 653 (b)(1), be deemed to be
				  the exercise of statutory authority to prescribe or enforce standards or
				  regulations affecting the general sanitary hazards addressed by the WISHA Field
				  Sanitation Standard, WAC
				  296-307-095, OSHA Field
				  Sanitation Standard, 29 C.F.R. Sec. 1928.110, or other agricultural
				  nonpesticide hazards.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL WORKERS › Section 16-233-100 - Applicability of this chapter - Standards for workers - 40 C.F.R., Section 170102 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-100, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL WORKERS › Section 16-233-101 - Training requirements for workers-40 C.F.R., Section 170.401

Current through Register Vol. 24-14, July 15, 2024
(1)
General
				  requirement.
Before any worker performs any task in a treated area on
				  an agricultural establishment where within the last 30 days a pesticide product
				  has been used or a restricted-entry interval for such pesticide has been in
				  effect, the agricultural employer must ensure that each worker has been trained
				  in accordance with this section within the last 12 months, except as provided
				  in subsection (2) of this section.
(2)
Exceptions.
The
				  following workers need not be trained under this section:
(a) A worker who is currently certified as an
				  applicator of restricted use pesticides under chapter 17.21 RCW.
(b) A worker who has satisfied the handler
				  training requirements in WAC
				  16-233-201.
(c) A worker who is certified or licensed as
				  a crop advisor by the Washington state department of agriculture under
				  RCW
				  15.58.230: Provided, That a requirement for
				  such certification or licensing is pesticide safety training that includes all
				  the topics in WAC
				  16-233-201(3)(b) or
				  (c) as applicable depending on the date of
				  training.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL WORKERS › Section 16-233-105 - Exceptions - Standards for workers - 40 C.F.R., Section 170103 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-105, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL WORKERS › Section 16-233-106 - Establishment-specific information for workers - 40 C.F.R., Section 170403

Current through Register Vol. 24-14, July 15, 2024
Before any worker performs any activity in a treated area
					 on an agricultural establishment where within the last thirty days a pesticide
					 product has been used, or a restricted-entry interval for such pesticide has
					 been in effect, the agricultural employer must ensure that the worker has been
					 informed of, in a manner the worker can understand, all of the following
					 establishment-specific information:
(1) The location of pesticide safety
				  information required in WAC 16-233-026(1).
(2) The location of pesticide application and
				  hazard information required in WAC 16-233-026(2).
(3) The location of decontamination supplies
				  required in WAC 16-233-126.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL WORKERS › Section 16-233-110 - Exemptions - Standards for workers - 40 C.F.R., Section 170104 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-110, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL WORKERS › Section 16-233-115 - Restrictions associated with pesticide applications - Standards for workers - 40 C.F.R., Section 170110 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-115, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL WORKERS › Section 16-233-116 - Worker entry restrictions after pesticide applications-40 C.F.R., Section 170.407

Current through Register Vol. 24-14, July 15, 2024
(1) After the
				  application of any pesticide to an area of outdoor production, the agricultural
				  employer must not allow or direct any worker to enter or to remain in the
				  treated area before the restricted-entry interval specified on the pesticide
				  product labeling has expired and all treated area warning signs have been
				  removed or covered, except for early-entry activities permitted in WAC
				  16-233-306.
(2) After the application of any pesticide to
				  an area of enclosed space production, the agricultural employer must not allow
				  or direct any worker to enter or to remain in the areas specified in column 4
				  of Table 2 in WAC
				  16-233-111(2)(d),
				  before the restricted-entry interval specified on the pesticide product
				  labeling has expired and all treated area warning signs have been removed or
				  covered, except for early-entry activities permitted in WAC
				  16-233-306.
(3) When two or more pesticides
				  are applied to a treated area at the same time, the applicable restricted-entry
				  interval is the longest of all applicable restricted-entry intervals.
(4) When two or more pesticides are applied
				  to a treated area at the same time, the employer must provide and ensure
				  employees, workers, and handlers wear the applicable PPE to protect against all
				  of the pesticides as a mixture and combined product.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL WORKERS › Section 16-233-120 - Entry restrictions - Standards for workers - 40 C.F.R., Section 170112 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						09-15-139, § 16-233-120, filed 7/21/09, effective 8/21/09; 96-21-008
						(Order 6002), § 16-233-120, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL WORKERS › Section 16-233-121 - Oral and posted notification of worker entry restrictions-40 C.F.R., Section 170.409

Current through Register Vol. 24-14, July 15, 2024
(1)
General requirement.
The agricultural employer must notify
				  workers of all entry restrictions required in WAC
				  16-233-111
				  and
				  16-233-116
				  in accordance with this section.
(a)
Type of notification required
:
(i)
Double notification.
If
				  the pesticide product labeling has a statement requiring both the posting of
				  treated areas and oral notification to workers, the agricultural employer must
				  post signs in accordance with subsection (2) of this section and must also
				  provide oral notification of the application to workers in accordance with
				  subsection (3) of this section.
(ii)
Outdoor production areas subject
				  to restricted-entry intervals greater than forty-eight hours.
If a
				  pesticide with product labeling that requires a restricted-entry interval
				  greater than forty-eight hours is applied to an outdoor production area, the
				  agricultural employer must notify workers of the application by posting warning
				  signs in accordance with subsection (2) of this section.
(iii)
Outdoor production areas
				  subject to restricted-entry intervals equal to or less than forty-eight hours.
If a pesticide with product labeling that requires a restricted-entry
				  interval equal to or less than forty-eight hours is applied to an outdoor
				  production area, the agricultural employer must notify workers of the
				  application either by posting warning signs in accordance with subsection (2)
				  of this section or by providing workers with an oral warning in accordance with
				  subsection (3) of this section.
(iv)
Enclosed space production areas
				  subject to restricted-entry intervals greater than four hours.
If a
				  pesticide with product labeling that requires a restricted-entry interval
				  greater than four hours is applied to an enclosed space production area, the
				  agricultural employer must notify workers of the application by posting warning
				  signs in accordance with subsection (2) of this section.
(v)
Enclosed space production areas
				  subject to restricted-entry intervals equal to or less than four hours.
If a pesticide with product labeling that requires a restricted-entry
				  interval equal to or less than four hours is applied to an enclosed space
				  production area, the agricultural employer must notify workers of the
				  application either by posting warning signs in accordance with subsection (2)
				  of this section or by providing workers with an oral warning in accordance with
				  subsection (3) of this section.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL WORKERS › Section 16-233-125 - Notice of applications - Standards for workers - 40 C.F.R., Section 170120 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-125, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL WORKERS › Section 16-233-126 - Decontamination supplies for workers-40 C.F.R., Section 170.411

Current through Register Vol. 24-14, July 15, 2024
(1)
Requirement.
The agricultural employer must provide
				  decontamination supplies for routine washing and emergency decontamination in
				  accordance with this section for any worker on an agricultural establishment
				  who is performing an activity in an area where a pesticide was applied and who
				  contacts anything that has been treated with the pesticide including, but not
				  limited to, soil, water, and plants.
(2)
Materials and quantities.
The decontamination supplies required in subsection (1) of this
				  section must provide adequate water at a minimum to include at least one gallon
				  of water per worker at the beginning of each worker's work period for routine
				  washing and emergency decontamination, soap, and single-use towels. The
				  supplies must meet all of the following requirements:
(a)
Water.
At all times when
				  this part requires agricultural employers to make water available to workers,
				  the agricultural employer must ensure that it is of a quality and temperature
				  that will not cause illness or injury when it contacts the skin or eyes or if
				  it is swallowed. If a water source is used for mixing pesticides, it must not
				  be used for decontamination, unless equipped with properly functioning valves
				  or other mechanisms that prevent contamination of the water with pesticides,
				  such as anti-backflow siphons, one-way or check valves, or an air gap
				  sufficient to prevent contamination.
(b)
Soap and single-use towels.
The agricultural employer must provide soap and single-use towels for
				  drying in quantities sufficient to meet the workers' reasonable needs. Hand
				  sanitizing gels and liquids or wet towelettes do not meet the requirement for
				  soap. Wet towelettes do not meet the requirement for single-use
				  towels.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL WORKERS › Section 16-233-130 - Providing specific information about applications - Standards for workers - 40 C.F.R., Section 170122 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-130, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL WORKERS › Section 16-233-135 - Notice of applications to handler employers - Standards for workers - 40 C.F.R., Section 170124 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-135, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL WORKERS › Section 16-233-140 - Pesticide safety training - Standards for workers - 40 C.F.R., Section 170130 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						09-15-139, § 16-233-140, filed 7/21/09, effective 8/21/09; 96-21-008
						(Order 6002), § 16-233-140, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL WORKERS › Section 16-233-145 - Posted pesticide safety information Standards for workers - 40 C.F.R., Section 170135 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-145, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL WORKERS › Section 16-233-150 - Decontamination - Standards for work-ers - 40 C.F.R., Section 170150 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-150, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL WORKERS › Section 16-233-155 - Emergency assistance - Standards for workers - 40 C.F.R., Section 170160 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-155, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL PESTICIDE HANDLERS › Section 16-233-200 - Applicability of this subpart - Standards for pesticide handlers - 40 C.F.R., Section 170202 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-200, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL PESTICIDE HANDLERS › Section 16-233-201 - Training requirements for handlers-40 C.F.R., Section 170.501

Current through Register Vol. 24-14, July 15, 2024
(1)
General
				  requirement.
Before any handler performs any handler activity
				  involving a pesticide product, the handler employer must ensure that the
				  handler has been trained in accordance with this section within the last 12
				  months, except as provided in subsection (2) of this section.
(2)
Exceptions.
The
				  following handlers need not be trained under this section:
(a) A handler who is currently certified as
				  an applicator of restricted use pesticides under chapter 17.21 RCW.
(b) A handler who is certified or licensed as
				  a crop advisor by the Washington state department of agriculture under
				  RCW
				  15.58.230, provided that a requirement for
				  such certification or licensing is pesticide safety training that includes all
				  the topics set out in subsection (3)(b) or (c) of this section as applicable
				  depending on the date of training.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL PESTICIDE HANDLERS › Section 16-233-205 - Exemptions - Standards for handlers - 40 C.F.R., Section 170204 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-205, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL PESTICIDE HANDLERS › Section 16-233-206 - Knowledge of labeling, application-specific, and establishment-specific information for handlers - 40 C.F.R., Section 170503

Current through Register Vol. 24-14, July 15, 2024
(1)
Knowledge of labeling and
				  application-specific information.
(a) The handler employer must ensure that
				  before any handler performs any handler activity involving a pesticide product,
				  the handler either has read the portions of the labeling applicable to the safe
				  use of the pesticide or has been informed in a manner the handler can
				  understand of all labeling requirements and use directions applicable to the
				  safe use of the pesticide.
(b) The
				  handler employer must ensure that the handler has access to the applicable
				  product labeling at all times during handler activities.
(c) The handler employer must ensure that the
				  handler is aware of requirements for any entry restrictions, application
				  exclusion zones and restricted-entry intervals as described in WAC 16-233-111
				  and 16-233-116 that may apply based on the handler's activity.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL PESTICIDE HANDLERS › Section 16-233-210 - Restrictions during applications - Standards for pesticide handlers - 40 C.F.R., Section 170210 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-210, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL PESTICIDE HANDLERS › Section 16-233-211 - Requirements during applications to protect handlers, workers, and other persons - 40 C.F.R., Section 170505

Current through Register Vol. 24-14, July 15, 2024
(1)
Prohibition from contacting
				  workers and other persons with pesticides during application.
The
				  handler employer and the handler must ensure that no pesticide is applied so as
				  to contact, directly or through drift, any worker or other person, other than
				  an appropriately trained and equipped handler involved in the
				  application.
(2)
Suspending
				  applications.
The handler performing the application must immediately
				  suspend a pesticide application if any worker or other person, other than an
				  appropriately trained and equipped handler involved in the application, is in
				  the application exclusion zone described in WAC 16-233-111(1)(a) or the area
				  specified in column 2 of the table in WAC 16-233-111(2)(d).
(3)
Handlers using highly toxic
				  pesticides.
The handler employer must ensure that any handler who is
				  performing any handler activity with a pesticide product that has the
				  skull-and-crossbones symbol on the front panel of the pesticide product label
				  is monitored visually or by voice communication at least every two
				  hours.
(4)
Fumigant
				  applications in enclosed space production.
The handler employer must
				  ensure all of the following:
(a) Any handler
				  in an enclosed space production area during a fumigant application maintains
				  continuous visual or voice contact with another handler stationed immediately
				  outside of the enclosed space.
(b)
				  The handler stationed outside the enclosed space has immediate access to and
				  uses the personal protective equipment required by the fumigant labeling for
				  applicators in the event that entry becomes necessary for rescue.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL PESTICIDE HANDLERS › Section 16-233-215 - Providing specific information about applications - Standards for pesticide handlers - 40 C.F.R., Section 170222 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-215, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL PESTICIDE HANDLERS › Section 16-233-220 - Notice of applications to agricultural employers - Standards for pesticide handlers - 40 C.F.R., Section 170224 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-220, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL PESTICIDE HANDLERS › Section 16-233-221 - Decontamination and eye flushing supplies for handlers-40 C.F.R., Section 170.509

Current through Register Vol. 24-14, July 15, 2024
(1)
Requirement.
The handler employer must provide decontamination
				  and eye flushing supplies in accordance with this section for any handler that
				  is performing any handler activity or removing personal protective equipment at
				  the place for changing required in WAC
				  16-233-216(4)(i).
(2)
General conditions.
The
				  decontamination supplies required in subsection (1) of this section must
				  include: At the site where handlers remove personal protective equipment, soap,
				  single-use towels, and a sufficient amount of water so that handlers may wash
				  thoroughly. At least 10 gallons of water for one employee and 20 gallons of
				  water for two or more employees shall be provided at mixing and loading sites
				  that do not have running water. The decontamination and eye flushing supplies
				  required in subsection (1) of this section must meet all of the following
				  requirements:
(a)
Water.
At
				  all times when this section requires handler employers to make water available
				  to handlers for routine washing, emergency decontamination or eye flushing, the
				  handler employer must ensure that it is of a quality and temperature that will
				  not cause illness or injury when it contacts the skin or eyes or if it is
				  swallowed. If a water source is used for mixing pesticides, it must not be used
				  for decontamination or eye flushing supplies, unless equipped with properly
				  functioning valves or other mechanisms that prevent contamination of the water
				  with pesticides, such as antibackflow siphons, one-way or check valves, or an
				  air gap sufficient to prevent contamination.
(b)
Soap and single-use
				  towels.
The handler employer must provide soap and single-use towels
				  for drying in quantities sufficient to meet the handlers' needs. Hand
				  sanitizing gels and liquids or wet towelettes do not meet the requirement for
				  soap. Wet towelettes do not meet the requirement for single-use
				  towels.
(c)
Clean change of
				  clothing.
The handler employer must provide one clean change of
				  clothing, such as coveralls, for use in an emergency.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL PESTICIDE HANDLERS › Section 16-233-225 - Pesticide safety training - Standards for pesticide handlers - 40 C.F.R., Section 170230 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						09-15-139, § 16-233-225, filed 7/21/09, effective 8/21/09; 96-21-008
						(Order 6002), § 16-233-225, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL PESTICIDE HANDLERS › Section 16-233-230 - Knowledge of labeling and site-specific information - Standards for pesticide handlers - 40 C.F.R., Section 170232 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-230, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL PESTICIDE HANDLERS › Section 16-233-235 - Safe operation of equipment - Standards for pesticide handlers - 40 C.F.R., Section 170234 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-235, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL PESTICIDE HANDLERS › Section 16-233-240 - Posted pesticide safety information Standards for pesticide handlers - 40 C.F.R., Section 170235 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-240, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL PESTICIDE HANDLERS › Section 16-233-245 - Personal protective equipment - Standards for pesticide handlers - 40 C.F.R., Section 170240 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						09-15-139, § 16-233-245, filed 7/21/09, effective 8/21/09; 96-21-008
						(Order 6002), § 16-233-245, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL PESTICIDE HANDLERS › Section 16-233-250 - Decontamination - Standards for pesticide handlers - 40 C.F.R., Section 170250 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-250, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › REQUIREMENTS FOR PROTECTION OF AGRICULTURAL PESTICIDE HANDLERS › Section 16-233-255 - Emergency assistance - Standards for pesticide handlers - 40 C.F.R., Section 170260 (Repealed)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority: Chapters 15.58 and 17.21 RCW.
						96-21-008 (Order 6002), § 16-233-255, filed 10/3/96, effective
						11/3/96.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › EXEMPTIONS, EXCEPTIONS AND EQUIVALENCY › Section 16-233-301 - Exemptions-40 C.F.R., Section 170.601

Current through Register Vol. 24-14, July 15, 2024
(1)
Exemption for owners of
				  agricultural establishments and their immediate families.
(a) On any agricultural establishment where a
				  majority of the establishment is owned by one or more members of the same
				  immediate family, the owner(s) of the establishment are not required to provide
				  the protections of the following sections to themselves or members of their
				  immediate family when they are performing handling activities or tasks related
				  to the production of agricultural plants that would otherwise be covered by
				  this chapter on their own agricultural establishment.
(i) WAC
				  16-233-021(6)
				  through (10).
(ii) WAC
				  16-233-026.
(iii) WAC
				  16-233-101.
(iv) WAC
				  16-233-106.
(v) WAC
				  16-233-121.
(vi) WAC
				  16-233-126
				  and
				  16-233-221.
(vii) WAC
				  16-233-201.
(viii) WAC
				  16-233-206.
(ix) WAC
				  16-233-211(3)
				  and (4).
(x) WAC
				  16-233-216(3)
				  through (5).
(xi) WAC
				  16-233-311(1)
				  through (3) and (5) through (10).
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › EXEMPTIONS, EXCEPTIONS AND EQUIVALENCY › Section 16-233-306 - Exceptions for entry by workers during restricted-entry intervals-40 C.F.R., Section 170.603

Current through Register Vol. 24-14, July 15, 2024
An agricultural employer may direct workers to enter
					 treated areas where a restricted-entry interval is in effect to perform certain
					 activities as provided in this section, provided that the agricultural employer
					 ensures all of the applicable conditions of this section and WAC
					 16-233-311
					 are met.
(1)
Exception for
				  activities with no contact.
A worker may enter a treated area during a
				  restricted-entry interval if the agricultural employer ensures that all of the
				  following conditions are met:
(a) The worker
				  will have no contact with anything that has been treated with the pesticide to
				  which the restricted-entry interval applies including, but not limited to,
				  soil, water, air, or surfaces of plants. This exception does not allow workers
				  to perform any activities that involve contact with treated surfaces even if
				  workers are wearing personal protective equipment.
(b) No such entry is allowed until any
				  inhalation exposure level listed in the pesticide product labeling has been
				  reached or any ventilation criteria required in WAC
				  16-233-111(2)(c)
				  or the pesticide product labeling have been met, and either inhalation exposure
				  levels are below PELs in WAC
				  296-307-624, Part Y-6
				  Respiratory hazards, or respiratory protection is worn according to
				  requirements in WAC
				  296-307-594, Part Y-5
				  Respirators.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › EXEMPTIONS, EXCEPTIONS AND EQUIVALENCY › Section 16-233-311 - Agricultural employer responsibilities to protect workers entering treated areas during a restricted-entry interval-40 C.F.R., Section 170.605

Current through Register Vol. 24-14, July 15, 2024
If an agricultural employer directs a worker to perform
					 activities in a treated area where a restricted-entry interval is in effect,
					 all of the following requirements must be met:
(1) The agricultural employer must ensure
				  that the worker is at least 18 years old.
(2) Prior to early entry, the agricultural
				  employer must provide to each early-entry worker the information described in
				  (a) through (h) of this subsection. The information must be provided orally in
				  a manner that the worker can understand.
(a)
				  Location of early-entry area where work activities are to be
				  performed.
(b) Pesticide(s)
				  applied.
(c) Dates and times that
				  the restricted-entry interval begins and ends.
(d) Which exception in WAC
				  16-233-306 is the basis for the
				  early entry, and a description of tasks that may be performed under the
				  exception.
(e) Whether contact with
				  treated surfaces is permitted under the exception.
(f) Amount of time the worker is allowed to
				  remain in the treated area.
(g)
				  Personal protective equipment required by the pesticide product labeling for
				  early entry.
(h) Location of the
				  pesticide safety information required in WAC
				  16-233-026(1) and
				  the location of the decontamination supplies required in subsection (8) of this
				  section.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-233 - Worker protection standards › EXEMPTIONS, EXCEPTIONS AND EQUIVALENCY › Section 16-233-316 - Exceptions to personal protective equipment requirements specified on pesticide product labeling-40 C.F.R., Section 170.607

Current through Register Vol. 24-14, July 15, 2024
(1)
Body protection.
(a) A chemical-resistant suit may be
				  substituted for coveralls. If a chemical-resistant suit is substituted for
				  coveralls, any labeling requirement for an additional layer of clothing beneath
				  the coveralls is waived.
(b) A
				  chemical-resistant suit may be substituted for coveralls and a
				  chemical-resistant apron.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-236 - SEPA procedures › Section 16-236-010 - Authority

Current through Register Vol. 24-14, July 15, 2024
These rules are promulgated under
				  RCW
				  43.21C.120 (the State Environmental Policy
				  Act) and chapter 197-11 WAC (SEPA rules).
Statutory Authority:
					 Chapter
					 43.21C RCW. 84-24-033
					 (Order 1843), § 16-236-010, filed
					 11/30/84.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-236 - SEPA procedures › Section 16-236-030 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
				implements the statewide rules in chapter 197-11 WAC as they apply to the
				department of agriculture.
(2) In
				order to carry out the policy set forth in this chapter, it is the continuing
				responsibility of the department to use all practical means, consistent with
				other essential considerations of state policy, to improve and coordinate
				plans, functions, programs, and resources to the end that the state and its
				citizens may:
(a) Fulfill the
				responsibilities of each generation as trustee of the environment for
				succeeding generations;
(b) Assure
				for all people of Washington safe, healthful, productive, and aesthetically and
				culturally pleasing surroundings;
(c) Attain the widest range of beneficial
				uses of the environment without degradation, risk to health or safety, or other
				undesirable and unintended consequences;
(d) Preserve important historic, cultural,
				and natural aspects of our national heritage;
(e) Maintain, wherever possible, an
				environment which supports diversity and variety of individual
				choice;
(f) Achieve a balance
				between population and resource use which will permit high standards of living
				and a wide sharing of life's amenities; and
(g) Enhance the quality of renewable
				resources and approach the maximum attainable recycling of depletable
				resources.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-236 - SEPA procedures › Section 16-236-040 - Additional definition

Current through Register Vol. 24-14, July 15, 2024
"Department" means department of agriculture unless otherwise
				  indicated.
Statutory Authority:
					 Chapter
					 43.21C RCW. 84-24-033
					 (Order 1843), § 16-236-040, filed
					 11/30/84.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-236 - SEPA procedures › Section 16-236-050 - Designation of responsible official

Current through Register Vol. 24-14, July 15, 2024
Within the department of agriculture the ultimate responsible
				  official is the director. The responsible official for a specific proposal
				  shall be the assistant to the director in charge of environmental affairs or
				  his/her designee.
Statutory Authority:
					 Chapter
					 43.21C RCW. 84-24-033
					 (Order 1843), § 16-236-050, filed
					 11/30/84.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-236 - SEPA procedures › Section 16-236-060 - EIS preparation

Current through Register Vol. 24-14, July 15, 2024
(1)
				Preparation of draft and final EISs and SEISs is the responsibility of the
				assistant to the director in charge of environmental affairs or his/her
				designee. The responsible official shall be satisfied that all EISs and SEISs
				issued by the department are in compliance with these rules and chapter 197-11
				WAC.
(2) Any draft or final EIS or
				SEIS shall be prepared by the department, the applicant, or by a consultant
				mutually agreed upon by the department and applicant.
(3) Whenever someone other than the
				department prepares a draft or final EIS or SEIS, the responsible official
				shall:
(a) Coordinate scoping to ensure that
				the individual preparing the document receives all substantive information
				submitted by any agency or person.
(b) Direct the areas of research and study to
				be undertaken and the content and organization of the document.
(c) Assist in obtaining information on file
				with another agency that is needed by the person preparing the
				document.
(d) Allow the person
				preparing the document access to department records relating to the document,
				as prescribed in chapter 16-06 WAC, Public records.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-236 - SEPA procedures › Section 16-236-070 - Environmentally sensitive areas

Current through Register Vol. 24-14, July 15, 2024
During threshold determination and in determining whether a
				  proposal is exempt from SEPA, the department shall give all due consideration
				  to "environmentally sensitive area" designations made by local governments
				  under WAC
				  197-11-908.
Statutory Authority:
					 Chapter
					 43.21C RCW. 84-24-033
					 (Order 1843), § 16-236-070, filed
					 11/30/84.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-236 - SEPA procedures › Section 16-236-080 - Threshold levels adopted by local governments

Current through Register Vol. 24-14, July 15, 2024
During threshold determination and in determining whether a
				  proposal is exempt from SEPA, the department shall respect threshold levels
				  adopted by local governments under WAC
				  197-11-800.
Statutory Authority:
					 Chapter
					 43.21C RCW. 84-24-033
					 (Order 1843), § 16-236-080, filed
					 11/30/84.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-236 - SEPA procedures › Section 16-236-090 - Coordination of combined state-federal action

Current through Register Vol. 24-14, July 15, 2024
When the department considers actions which also involve
				  federal actions, it shall coordinate the two governmental processes so that
				  only one EIS, or other environmental document, need be prepared for that
				  proposal.
Statutory Authority:
					 Chapter
					 43.21C RCW. 84-24-033
					 (Order 1843), § 16-236-090, filed
					 11/30/84.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-236 - SEPA procedures › Section 16-236-100 - Public notice requirements

Current through Register Vol. 24-14, July 15, 2024
(1) When these rules require notice of
				environmental document preparation or availability, as a lead agency and taking
				into consideration the geographic area affected by the proposal, the size and
				complexity of the proposal, the public notice requirements for the permit or
				approval required from the department, public interest expressed in the
				proposal, and whether the proposal is a project or regulation, the department
				shall give public notice by using at least one of the following methods:
(a) Posting the property, for site-specific
				proposals;
(b) Publishing notice in
				a newspaper of general circulation in the county, city, or general area where
				the proposal is located;
(c)
				Notifying public or private groups which have expressed interest in a certain
				proposal or in the type of proposal being considered;
(d) Notifying the news media;
				and/or
(e) Publishing notice in a
				department newsletter.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-236 - SEPA procedures › Section 16-236-110 - Notice/statute of limitations

Current through Register Vol. 24-14, July 15, 2024
(1)
				The department, applicant for, or proponent of an action may publish a notice
				of action pursuant to
				RCW
				43.21C.080.
(2) The form of the notice shall be
				substantially in the form provided in WAC
				197-11-990. The notice shall be
				published by the department, applicant, or proponent pursuant to
				RCW
				43.21C.080.
Statutory Authority:
					 Chapter
					 43.21C RCW. 84-24-033
					 (Order 1843), § 16-236-110, filed
					 11/30/84.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-236 - SEPA procedures › Section 16-236-120 - Policies and procedures for conditioning or denying permits or other approvals

Current through Register Vol. 24-14, July 15, 2024
(1)
				The policies and goals in this section are supplementary to existing
				authorities of the department.
(2)
				It is the policy of the department to avoid or mitigate adverse environmental
				impacts which may result from the department's decisions.
(3) The department shall ensure that
				presently unquantified environmental amenities and values will be given
				appropriate consideration in decision-making along with economic and technical
				considerations.
(4) When the
				environmental document for a proposal shows it will cause significant adverse
				impacts, the responsible official shall consider whether:
(a) The environmental document identified
				mitigation measures that are reasonable and capable of being
				accomplished;
(b) Other local,
				state, or federal requirements and enforcement would mitigate the significant
				adverse environmental impacts; and
(c) Reasonable mitigation measures are
				sufficient to mitigate the significant adverse impacts.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-236 - SEPA procedures › Section 16-236-130 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				  person or circumstance is held invalid, the remainder of this chapter, or the
				  application of the provision to other persons or circumstances, shall not be
				  affected.
Statutory Authority:
					 Chapter
					 43.21C RCW. 84-24-033
					 (Order 1843), § 16-236-130, filed
					 11/30/84.
Washington Administrative Code › Title 16 - Agriculture, Department of (See also Titles 24, 60, and 142) › GRAIN AND CHEMICAL › Chapter 16-237 - Commodity storage warehouses and grain dealers › Section 16-237-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
(1) "Permanent
				enclosed storage space" means that it has a foundation and both rigid walls and
				roof.
(2) "Warehouse operator"
				means the same as "warehouseman" which is defined in
				chapter
				22.09 RCW.
Statutory Authority:
					 RCW
					 22.09.020(13). 00-21-043,
					 § 16-237-010, filed 10/13/00, effective
					 11/13/00.