EPA Adopts Worker Protection Standard Changes

For more information consult - The National Ag Safety Database - at

http://www.cdc.gov/niosh/nasd/docs/epawps.html and at

http://www.cdc.gov/niosh/nasd/docs/ep00200.html

New changes make it easier for growers to comply with EPA pesticide rules.

Recent changes in the U.S. Environmental Protection Agency's (EPA) Worker Protection Standard (WPS) should make it easier for growers to comply with this national body of regulations. On June 26, 1996, the EPA incorporated these changes into the Federal Register (Volume 61, Number 124) regarding pesticide warning signs (expanding the languages on the signs and allowing for smaller signs) and shortening the length of time decontamination supplies are needed for certain chemicals. In addition, the EPA also reclassified 108 chemicals, lowering their Restricted-Entry Intervals (REIs) to 4 hours.

What follows is an update on the changes, what the regulations now say and what they now mean to growers (agricultural employers).

What is the Worker Protection Standard?

First, a little background. The purpose of the WPS is to mitigate pesticide exposure and injuries among agricultural workers who handle the chemicals or are exposed to pesticide residues in treated areas. The EPA states the following about the WPS:

"In 1992 the WPS superseded a rule promulgated in 1974 and expanded the WPS scope not only to include workers performing hand labor operations in fields treated with pesticides, but also to include all other workers exposed to pesticide residues in or on farms, forests, nurseries, and greenhouses, as well as pesticide handlers who mix, load, apply, or otherwise handle pesticides. In general, the WPS contains requirements for pesticide safety training, notification of pesticide applications, decontamination supplies, emergency medical assistance, use of personal protective equipment, and restrictions for entry into treated areas during restricted entry intervals following pesticide application."

The WPS became fully effective January 1, 1995. The following are the major changes now in effect:

Warning signs : Two aspects of the pesticide warning sign were changed: use of alternative languages other than Spanish (originally signs were to be posted in English or Spanish) and use of smaller signs altogether (5" x 5" instead of the previously mandatory 14" x 16" signs). This rule became effective August 26, 1996.

Alternative languages:

What is changing: "EPA is amending the (WPS) to allow the substitution of an alternative language for the Spanish portion of the warning sign. This change is designed to promote worker understanding of the information on the sign by allowing agricultural employers to tailor the sign to accommodate a work force whose predominant language is neither English nor Spanish. This would be an option for the agricultural employer and would not preclude the continued use of the English/Spanish sign, which would remain acceptable," the EPA states.

How it changed: Section 170.120 of the 1992 WPS required that warning signs containing prescribed graphics and text in both English and Spanish be posted around pesticide-treated areas. The words "DANGER" and "PELIGRO," plus "PESTICIDES" and "PESTICIDAS," are required at the top of the sign, and the words "KEEP OUT" and "NO ENTRE" are required at the bottom of the sign. All letters must be clearly legible and visible from all usual points of worker entry into the treated area. (Growers shouldn't have to be concerned about these requirements if they buy commercially made signs.) Additional information can be placed on the warning sign if the information does not detract from the appearance of the sign or change the meaning of the required information. Some sign companies produce a number of warning sign options that meet the 'WPS' requirements.

What it means: The EPA amended 40 CFR 170.120(c)(1) to allow the replacement of the Spanish portion of the warning sign with another language which is read by the largest group of workers at the work site who do not read English. The sign with substitute language must be in the same format as required by the regulations and be visible and legible. For agricultural employers who wish to replace the Spanish portion of the sign, they can use stickers with the appropriate second language, writing in the substitute language on a sign produced with a blank portion, or using originally produced warning signs with a second language other than Spanish.

Use of smaller signs: What is changing: "This amendment also permits the use in nurseries and greenhouses of smaller warning signs no further apart than 25 feet and 50 feet, depending on the size of the smaller sign (5" x 5" or 7" x 8"). This modification to the existing criteria in the use of small size signs in greenhouses and nurseries is intended to more clearly identify the treated area and enhance worker safety," the EPA says.

How it changed: "WPS Sec. 170.120(c)(2) specified that warning signs shall be at least 14" x 16" (standard) in size, and the letters shall be at least 1" in height, unless a smaller sign and smaller letters are necessary 'because the treated area is too small to accommodate a sign of this size.' " In 1995, growers in Oregon won an exemption to use smaller signs for greenhouses or beds where the larger signs were impractical to use. The EPA, in granting this rule change, agreed with this exemption and expanded it nationwide. The smaller signs must meet specific size requirements:

The smallest sign must contain a red circle at least 1 1/2" inches in diameter containing an upraised hand and stern face, lettering at least 1/4" tall with the "DANGER" and "PELIGRO" words at least 7/16" tall. EPA estimates that this size lettering and graphic will result in a minimum size sign of 4 1/2" x 5." When signs of this size are used they must be posted no more than 25 feet apart. This spacing means that any person who approaches a posted area will always be within 12 ½' of a warning sign before actually entering the treated area.

The second set of criteria permits a sign with letters at least 1/2" in height, "DANGER" and "PELIGRO" words at least 7/8" in height and a red circle at least 3" in diameter containing an upraised hand and a stern face to be posted at a distance not to exceed 50 feet. The expected size of this sign is 7" x 8." (Again, growers shouldn't have to be concerned about the sizing requirements of the letters, etc. if they buy commercially made signs, though they must follow the spacing requirements and other

What is means: The agricultural employer will have the discretion to use smaller signs in greenhouses and nurseries. Signs of a minimum of 4 1/2" x 5" can be used but no more than 25 feet apart. Already, commercial signs are available in the 5" x 5" dimension. Second, signs of at least 7" x 8" (see above lettering and graphics requirements) can be used but no more than 50' apart. In addition, "the signs must remain visible and legible during the time they are required to be posted. On agricultural establishments, the signs must be visible from all usual points of worker entry to the treated area, or if there are no usual points of entry, signs must be posted in the corners of the treated area or in any other location affording maximum visibility. On farms and in forests and nurseries, usual points of entry include each access road, each border with any labor camp adjacent to the treated area, and each footpath and other walking route that enters the treated area. In greenhouses, usual points of entry include each aisle or other walking route that enters the treated area," the EPA states.

One source of signs we know of is Gempler's, a national agricultural safety vendor. Visit the Gempler's Web site
( http://www.gemplers.com/ ) or call (800) 382-8473 to place an order. You can e-mail them at 71134.3153@compuserve.com to request a catalog. Also, many other supply companies stock the standard and new smaller signs. You'll need them.

Lower pesticide REIs: What is changing: The EPA also lowered the Restricted-Entry Intervals (REI) of 108 chemicals based on their active ingredients, "which had been reviewed for toxicity and found to pose little or no risk to workers." When the EPA adopted the WPS in 1992 it established interim REIs for pesticides of 12 to 72 hours, based on the level of acute toxicity displayed by the active ingredients in the product, when tested in established laboratory assays. Workers are generally prohibited from entering treated sites during an REI (certain exemptions exist, however); the more acutely toxic the active ingredient, the longer the REI.

How it changed: "The EPA examined each active ingredient for acute toxicity risk and other forms of toxicity-related risk, including cancer, birth defects, effects on the reproductive and nervous system and long-term harm to health, as well as data on reported field poisonings...A pesticide product will actually be assigned the 4-hour REI only if data on that particular pesticide formulation satisfy additional criteria indicating that the formulation is not acutely toxic," the EPA says.

What it means: Of the 108 chemicals with the new lower REIs, growers of nursery and greenhouse crops will find a mixed bag. Many of the chemicals are biologicals not used that frequently or are used more in laboratory experiments. Some are mainly used on cereal grains. Among the products of interest to the green industry that were reclassified: azadirachtin (Neem extract used in Azatin and Margosan-O insecticides), fatty acids (soaps such as Sharpshooter, D-Moss, Safer MPD), fluazifop-butyl (Fusilade, an herbicide), glyphosate (Roundup, an herbicide), IBA and NAA (hormones for propagation and rooting), kinoprene (Enstar II, a greenhouse insecticide), paraffin oils (horticultural oils under several trade names), among a host of others. The new 4-hour REIs will allow workers to enter treated areas much sooner than before.

For a summary of these chemicals, visit the Four-Hour REI Table at the following Web site.

http://ianrwww.unl.edu/ianr/pat/lowtox.htm

Decontamination supplies

What is changing: With the reduction of the above chemicals to 4-hour REIs, the EPA also is amending the decontamination requirement for these pesticides. "The EPA has weighed the risks of possible increased exposure to products with REIs of 4 hours or less against the benefits of reduced grower costs. EPA has concluded that the very low risk posed by these products do not justify the costs of maintaining decontamination supplies for more than 7 days after the expiration of the REI. Reducing the length of time decontamination supplies are required for the 4-hour REI products may also encourage the use of these low toxicity products, thereby lowering potential risk to workers," the EPA says.

How it changed: "In the 1992 WPS rule, EPA set the length of time that decontamination supplies must be available to workers at 30 days after the expiration of any REI at a treated site. In choosing to require the 30-day period, EPA relied on an analysis of pesticide poisoning incident data. Examination of these data indicated that poisoning episodes from re-entry to treated areas could continue up to and beyond 30 days after the end of the REI. Thus, the agency concluded that there could be sufficient pesticide residues to cause poisoning episodes up to 30 days after the end of the REI, and that the availability of decontamination supplies was an inexpensive method of mitigating this potential risk," the EPA states.

What it means: EPA reduced the time from 30 days to 7 days following the end of the REI of any of these pesticides with a four-hour REI or a mix of such pesticides. This change will not apply for situations where REIs for two or more pesticides are in effect, unless all pesticides have REIs of 4 hours or less. EPA is retaining the 30-day decontamination requirement for pesticides with REIs of more than 4 hours and those pesticides without REIs.

Decontamination supplies must consist of soap and single-use towels sufficient to meet workers' needs and enough water for routine washing and emergency eyeflushing. EPA recommends that at least 1 gallon of water be available per worker. The decontamination supplies must be reasonably accessible to workers and not more than 1/4 mile from where workers are working. See the "How to Comply Manual" or the regulations for additional requirements. For example, Section 170.150 specifies additional requirements regarding the general conditions and location of decontamination supplies, as well as requirements for these materials after early entry activities.

For an excellent Internet Web site on the Worker Protection Standard, including the "How to Comply" manual online, visit this North Carolina State University site at http://ipmwww.ncsu.edu/safety/epawps_intro.html. And another at Nebraska - "Worker Protection Standard for Agricultural Pesticides - This NebGuide describes the Worker Protection Standard", helps you determine if you are covered or exempt from it, and provides information on how to comply. http://ianrwww.unl.edu/ianr/pat/wpsgui.htm. These links both give a good overview of the entire WPS.

This information was from : John R. Macdonald or Donald Eckerman

Office of Pesticide Programs, EPA, (703) 305-7666

or e-mail to: eckerman.donald@epamail.epa.gov.

This page from: "Worker Protection Standard Update"