Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-307 - Safety standards for agriculture › FIELD OPERATIONS AND GENERAL REQUIREMENTS › Part I - Worker Protection Standard › Section 296-307-10820 - Definitions-40 C.F.R., Sec. 170.305

Current through Register Vol. 24-14, July 15, 2024
Terms used in this part have the same meanings they have in
					 the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. In
					 addition, the following terms, when used in this part, have the following
					 meanings:
Agricultural emergency.
For agricultural
					 emergencies see WAC
					 296-307-11410(3)(a).
Agricultural employer.
Any person who is an
					 owner of, or is responsible for the management or condition of, an agricultural
					 establishment, and who employs any worker or handler.
Agricultural establishment.
Any farm, forest
					 operation, or nursery engaged in the outdoor or enclosed space production of
					 agricultural plants. An establishment that is not primarily agricultural is an
					 agricultural establishment if it produces agricultural plants for transplant or
					 use (in part or their entirety) in another location instead of purchasing the
					 agricultural plants.
Agricultural plant.
Any plant, or part
					 thereof, grown, maintained, or otherwise produced for commercial purposes,
					 including growing, maintaining or otherwise producing plants for sale or trade,
					 for research or experimental purposes, or for use in part or their entirety in
					 another location. Agricultural plant includes, but is not limited to, grains;
					 fruits and vegetables; wood fiber or timber products; flowering and foliage
					 plants and trees; seedlings and transplants; and turf grass produced for sod.
					 Agricultural plant does not include pasture or rangeland used for
					 grazing.
Application exclusion zone.
The area
					 surrounding the application equipment that must be free of all persons other
					 than appropriately trained and equipped handlers during pesticide
					 applications.
Chemigation.
The application of pesticides
					 through irrigation systems.
Closed system.
An engineering control used
					 while removing pesticide contents from its original container, preventing the
					 pesticide from contacting handlers. It is used to protect handlers or other
					 persons from pesticide exposure hazards when mixing and loading pesticides.
					 When used properly and as intended, water-soluble packaging may qualify as a
					 type of closed system.
Commercial pesticide handler employer.
Any
					 person, other than an agricultural employer, who employs any handler to perform
					 handler activities on an agricultural establishment. A labor contractor who
					 does not provide pesticide application services or supervise the performance of
					 handler activities, but merely employs laborers who perform handler activities
					 at the direction of an agricultural or handler employer, is not a commercial
					 pesticide handler employer.
Commercial pesticide handling establishment.
Any enterprise, other than an agricultural establishment, that provides
					 pesticide handler or crop advising services to agricultural
					 establishments.
Crop advisor.
Any person who is assessing pest
					 numbers, damage, pesticide distribution, or the status or requirements of
					 agricultural plants and who holds a current Washington state department of
					 agriculture commercial consultant license in the agricultural areas in which
					 they are advising. The term does not include any person who is performing hand
					 labor tasks.
Designated representative.
Any persons
					 designated in writing by a worker or handler to exercise a right of access on
					 behalf of the worker or handler to request and obtain a copy of the pesticide
					 application and hazard information required by WAC
					 296-307-10825(8)
					 in accordance with WAC
					 296-307-10830(2).
Early entry.
Entry by a worker into a treated
					 area on the agricultural establishment after a pesticide application is
					 complete, but before any restricted-entry interval for the pesticide has
					 expired.
Employ.
To obtain, directly or through a labor
					 contractor, the services of a person in exchange for any type of compensation
					 including a salary, wages, or piece-rate wages, without regard to who may pay
					 or who may receive the salary or wages. It includes obtaining the services of a
					 self-employed person, an independent contractor, or a person compensated by a
					 third party, except that it does not include an agricultural employer obtaining
					 the services of a handler through a commercial pesticide handler employer or a
					 commercial pesticide handling establishment.
Enclosed cab.
A cab with a nonporous barrier
					 that totally surrounds the occupant(s) of the cab and prevents contact with
					 pesticides that are being applied outside of the cab. Refer to WAC
					 296-307-11420(5).
Enclosed space production.
Production of an
					 agricultural plant indoors or in a structure or space that is covered in whole
					 or in part by any nonporous covering or that is covered and enclosed in a way
					 that would obstruct natural air flow, and that is large enough to permit a
					 person to enter. Structures, with a covering that do not have any walls, such
					 as shade houses made of fencing or fabric to provide shade on plants that do
					 not obstruct airflow are not considered enclosed spaces.
Fumigant.
Any pesticide product that is a
					 vapor or gas, or forms a vapor or gas upon application, and whose pesticidal
					 action is achieved through the gaseous or vapor state.
Hand labor.
Any agricultural activity
					 performed by hand or with hand tools that causes a worker to have substantial
					 contact with surfaces (such as plants, plant parts, or soil) and other surfaces
					 that may contain pesticide residues. These activities include, but are not
					 limited to, harvesting, detasseling, thinning, weeding, topping, planting,
					 sucker removal, pruning, disbudding, roguing, and packing produce into
					 containers in the field. Hand labor does not include performing crop advisor
					 tasks or operating, moving, or repairing irrigation or watering equipment. For
					 irrigation or watering equipment used during chemigation see handler
					 activities.
Handler.
Any person, including a self-employed
					 person, who is employed by an agricultural employer or commercial pesticide
					 handler employer and performs any of the following activities:
(a) Mixing, loading, or applying pesticides.
(b) Disposing of pesticides.
(c) Handling opened containers of pesticides, emptying,
					 triple-rinsing, or cleaning pesticide containers according to pesticide product
					 labeling instructions, or disposing of pesticide containers that have not been
					 cleaned. The term does not include any person who is only handling unopened
					 pesticide containers or pesticide containers that have been emptied or cleaned
					 according to pesticide product labeling instructions.
(d) Acting as a flagger.
(e) Cleaning, adjusting, handling, or repairing the parts
					 of mixing, loading, or application equipment that may contain pesticide
					 residues, including irrigation equipment used for chemigation.
(f) Assisting with the application of pesticides.
(g) Entering an enclosed space after the application of a
					 pesticide and before the inhalation exposure level listed in the labeling has
					 been reached or one of the ventilation criteria established in WAC
					 296-307-10915(2)(c)
					 or the labeling has been met to operate ventilation equipment, monitor air
					 levels, or adjust or remove coverings used in fumigation.
(h) Entering a treated area outdoors after application of
					 any soil fumigant during the labeling-specified entry-restricted period to
					 adjust or remove coverings used in fumigation.
(i) Performing tasks as a crop advisor during any pesticide
					 application or restricted-entry interval, or before the inhalation exposure
					 level listed in the pesticide product labeling has been reached or one of the
					 ventilation criteria established in WAC
					 296-307-10915(2)(c)
					 or the pesticide product labeling has been met, and either inhalation exposure
					 levels are below PELs in WAC
					 296-307-624, Part Y-6
					 Respiratory hazards, or respiratory protection is provided and worn according
					 to requirements in WAC
					 296-307-594, Part Y-5.
Handler employer.
Any person who is
					 self-employed as a handler or who employs any handler.
Immediate family.
Includes only spouse,
					 children, stepchildren, foster children, parents, stepparents, foster parents,
					 brothers, and sisters.
Labor contractor.
A person, other than a
					 commercial pesticide handler employer, who employs workers or handlers to
					 perform tasks on an agricultural establishment for an agricultural employer or
					 a commercial pesticide handler employer.
Outdoor production.
Production of an
					 agricultural plant in an outside area that is not enclosed or covered in any
					 way by nonporous material. This includes shade houses without sides.
Owner.
Any person who has a present possessory
					 interest (e.g., fee, leasehold, rental, or other) in an agricultural
					 establishment. A person who has both leased such agricultural establishment to
					 another person and granted that same person the right and full authority to
					 manage and govern the use of such agricultural establishment is not an owner
					 for purposes of this chapter.
Personal protective equipment.
Devices,
					 appliances or apparel that are worn or used to protect the body from exposure
					 to safety and health hazards. PPE that protects against chemical hazards such
					 as pesticides or pesticide residues including, but not limited to: Coveralls,
					 chemical-resistant suits, chemical-resistant gloves, chemical-resistant
					 footwear, respirators, chemical-resistant aprons, chemical-resistant headgear,
					 and protective eyewear.
Restricted-entry interval (REI).
The time
					 after the end of a pesticide application during which entry into the treated
					 area is restricted.
Safety data sheet (SDS).
Written or printed
					 material concerning a hazardous chemical that is prepared in accordance with
					 WAC
					 296-901-14014.
Treated area.
Any area to which a pesticide is
					 being directed or has been directed.
Use, to use a pesticide.
Any of the
					 following:
(a) Preapplication activities including, but not limited
					 to:
(i) Arranging for the application of the pesticide.
(ii) Mixing and loading the pesticide.
(iii) Making necessary preparations for the application of
					 the pesticide, including responsibilities related to worker notification,
					 training of workers or handlers, providing decontamination supplies, providing
					 pesticide safety information and pesticide application and hazard information,
					 use and care of personal protective equipment, providing emergency assistance,
					 and heat stress management.
Note:
Additional requirements in WAC
								296-307-097
								Outdoor heat exposure, may apply between May 1st and September 30th of each
								year. See Part G-1.
(b) Application of the pesticide.
(c) Postapplication activities intended to reduce the risks
					 of illness and injury resulting from handlers' and workers' occupational
					 exposures to pesticide residues during and after the restricted-entry interval,
					 including responsibilities related to worker notification, training of workers
					 or early entry workers, providing decontamination supplies, providing pesticide
					 safety information and pesticide application and hazard information, use and
					 care of personal protective equipment, providing emergency assistance, and heat
					 stress management.
(d) Other pesticide-related activities including, but not
					 limited to, transporting or storing pesticides that have been opened, cleaning
					 equipment, and disposing of excess pesticides, spray mix, equipment wash
					 waters, pesticide containers, and other pesticide-containing materials.
Worker.
Any person, including a self-employed
					 person, who is employed and performs activities directly relating to the
					 production of agricultural plants on an agricultural establishment.
Worker housing area.
Any place or area of land
					 on or near an agricultural establishment where housing or space for housing is
					 provided for workers or handlers by an agricultural employer, owner, labor
					 contractor, or any other person responsible for the recruitment or employment
					 of agricultural workers.