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 16-233-016 - Definitions-40 C.F.R., Section 170.305

Current through Register Vol. 24-14, July 15, 2024
Terms used in this chapter 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 chapter, shall have the
					 following meanings:
(1) "Agricultural
				  emergency" for agricultural emergencies see WAC
				  16-233-306(3).
(2) "Agricultural employer" means 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.
(3) "Agricultural establishment" means 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.
(4) "Agricultural plant" means 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.
(5) "Application exclusion
				  zone" means the area surrounding the application equipment that must be free of
				  all persons other than appropriately trained and equipped handlers during
				  pesticide applications.
(6)
				  "Chemigation" means the application of pesticides through irrigation
				  systems.
(7) "Closed system" means
				  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.
(8) "Commercial pesticide handler employer"
				  means 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.
(9) "Commercial pesticide handling
				  establishment" means any enterprise, other than an agricultural establishment,
				  that provides pesticide handler or crop advising services to agricultural
				  establishments.
(10) "Crop advisor"
				  means 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.
(11) "Designated representative" means 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
				  16-233-021(8)
				  in accordance with WAC
				  16-233-026(2).
(12) "Early entry" means 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.
(13)
				  "Employ" means 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.
(14) "Enclosed cab" means a cab with a
				  nonpo-rous 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
				  16-233-316(5).
(15) "Enclosed space production" means
				  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 airflow, and that is large enough
				  to permit a person to enter. Structures, with a cover that does 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.
(16) "Fumigant" means 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.
(17) "Hand labor" means 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.
(18) "Handler"
				  means 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
				  16-233-111(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
				  16-233-111(2)(c)
				  or the pesticide product labeling has been met, and either inhalation exposure
				  levels are below permissible exposure limits (PELs) in WAC
				  296-307-624, Part Y-6
				  Respiratory hazards, or respiratory protection is provided and worn according
				  to the requirements in WAC
				  296-307-594, Part Y-5
				  Respirators.