Further Requirements for Employers of Workers
Unit 3 described the WPS protections that employers must provide to both worker and handler employees. This unit describes the additional protections that employers are required to provide to their worker employees.
Part A - Protections for All Agricultural Workers
Part B - Special Application Restrictions in Nurseries and
Greenhouses
Part C - Early Entry
UNIT 4 Part A
Protections for All Agricultural Workers
The requirements described in this part are in addition
to the protections employers must provide to both
workers and handlers (Unit 3).
Notice About Applications
Restrictions During and After Applications
Notice About Applications
Basic Resposibilities
Under most circumstances, worker employers must make
sure that workers are notified about areas where pesticide
applications are taking place or where restricted-entry intervals
are in effect.
Specific Duties
Both Oral Warning and Posted Signs
Some pesticide labels require you to notify workers BOTH orally
AND with signs posted at entrances to the treated area. If both
types of notification are required, the following statement will be
in the Directions for Use section of the pesticide labeling under
the heading Agricultural Use Requirements:
"Notify workers of the application by warning them orally
and by posting warning signs at entrances to treated areas."
Notification on Farms, Forests, and Nurseries
Unless the pesticide labeling requires both types of notification,
notify workers EITHER orally OR by the posting of warning signs
at entrances to treated areas. You must inform workers which
method of notification is being used.
Notification in Greenhouses
In greenhouses, you must post all treated areas, except as
described below. If the pesticide labeling requires both types of
notification, you must also notify workers orally.
Exceptions to Worker Notification
1. Oral warnings need NOT be given to:
- any worker on your farm, forest, or nursery who will not be
in the treated area, or walk within 1/4 mile of a treated
area, during the pesticide application or while the
restricted-entry interval is in effect,
- any
worker who will not be in your greenhouse during a
pesticide application or while a restricted-entry interval is
in effect there, OR
- any worker who applied (or supervised the application of)
the pesticide and is aware of all of the information
required to be given in the oral warning.
2. Treated area posting is NOT required if-
- no workers on your farm, forest, or nursery will be in the
treated area, or walk within 1/4 mile of the treated area,
during the pesticide application or while the restricted-
entry interval is in effect,
- no workers will be in the greenhouse during the pesticide
application or while the restricted-entry interval is in effect
there, OR
- the only workers for whom you need to post applied (or
supervised the application of) the pesticide and are aware
of all of the information required to be given in the
oral warning.
Posted Warning Signs
Signs meeting these requirements should
be available commercially.
Use WPS-design signs when you post warnings at entrances
treated areas. For a detailed description, see
Requirements for
Warning Signs.
- Location:
- On farms, forests, and nurseries
, post the signs so they can
be seen from all points where workers usually enter the
treated area, including at least:
- each access road,
- each border with any labor camp adjacent to the
treated area, and
- each established walking route that enters the
treated area.
When there are no usual points of worker entry, post the
signs in the corners of the treated area or in places where
they will be most easily seen.
- In greenhouses
, post the signs so they can be seen from all
points where workers usually enter the treated area,
including doorways, aisles, and other walking routes. When
there are no usual points of worker entry to the treated
area, post the signs in the corners of the treated area or in
places where they will be easily seen.
- Timing
and Visibility of Warning Signs:
- Post signs 24 hours or less before the scheduled
application of the pesticide.
- Keep signs posted during application and throughout the
restricted-entry interval (if any).
- Remove the signs within 3 days after the end of the
restricted-entry interval. If there is no restricted-entry
interval for that application, remove the signs within 3 days
after the end of the application.
- Keep workers out during the entire time the signs are
posted (except for trained and equipped early-entry
workers entering as permitted under WPS).
- Keep signs visible and legible while they are posted.
- Posting Adjoining Areas
When several adjoining areas are to be treated with pesticides
on a rotating or sequential basis, you may post the entire area
at the same time. Worker entry, except for early entry
permitted by the WPS, is prohibited for the entire area while
the signs are posted.
- Design and Size
- Each warning sign must look like the one at the right.
- You may put additional information on the
warning sign, such as the name of the pesticide or
the date of application, if it does not lessen the
impact of the sign or change the meaning of the required
information. If you add the required information
in other languages, the words must be
translated correctly.
- The signs must be at least 14 inches by 16 inches, and the
letters must be at least 1 inch high.
For a detailed description, see
Requirements for
Warning Signs.
You may use smaller signs if the treated area is too small to
accommodate 14- by 16-inch signs. For example, when a
single potted plant needs to be posted, a smaller sign would
be appropriate.
Oral Warnings to Workers
- Content
Oral warnings must include:
- the location and description of the treated area,
- the time during which entry is restricted, and
- instructions not to enter the treated area until the
restricted-entry interval has expired.
- Communication
Provide oral warnings to workers in a manner that they
can understand.
- Timing
- Workers who are on your establishment at the start of an
application must be orally warned before the application
takes place.
- Workers who are NOT on your establishment at the start of
an application must be orally warned at the beginning of
their first work period if (1) the application is still taking
place or (2) the restricted-entry interval for the pesticide is
in effect.
Restrictions During and After Applications
Basic Responsibilities
Worker employers must take actions, described below, to
protect workers and other persons during pesticide
applications on agricultural establishments. Worker
employers also must take actions, described below, to
protect workers during restricted-entry intervals.
Specific Duties
During Applications
- Keep everyone except appropriately trained and equipped
handlers out of areas being treated with pesticides.
- In nurseries and greenhouses, during some applications, also
keep such persons out of the area immediately around the
area being treated. The size of this "keep-out zone" depends
on the pesticide used and the application method. In some
greenhouse situations, the greenhouse must be adequately
ventilated before workers are allowed to enter. (See Special
Application Restrictions in
Nurseries and
Greenhouses)
Entering either enclosed or outdoor fumigated areas to ventilate, remove
tarps or other coverings used in the fumigation, or to measure air
concentration levels, are handling tasks, not early entry. Only
appropriately trained and equipped handlers can do these tasks.
During Restricted-Entry Intervals
In general, keep workers out of a treated area during the
restricted-entry interval. This restriction has only two types of
exceptions:(1) early entry with no contact, described below, and
(2) early entry with contact for short-term, emergency, or specially
excepted tasks (all described in
Early Entry). Note,
however, that entry into treated areas during a restricted-entry
interval is also allowed to perform handling (including crop
advisor) tasks as long as the persons entering such areas are
trained and equipped as pesticide handlers and receive all other
applicable WPS handler protections.
Restricted-Entry Interval (REI)
The restricted-entry interval is the time immediately after a
pesticide application when entry into the treated area is
limited. Some pesticides have one REI, such as 12 hours, for
all crops.and uses. Other products have different REI's
depending on the crop or method of application. When two
(or more) pesticides are applied at the same time, and have
different REI'S, you must follow the longer interval.
Location of REI's on Labeling
The restricted-entry interval is listed on the pesticide
labeling:
- under the heading Agricultural Use
Requirements in the Directions for Use
section of the pesticide labeling, or
- next to the crop or application method
to which it applies.
Arid Area REI's
Some pesticide labeling requires a different REI for arid
areas. Labeling might say, for example, "72 hours in outdoor
areas where average annual rainfall is less than 25 inches a
year." You can get information on average annual rainfall
for your area from any nearby weather bureau, such as one
located at a local airport or one affiliated with the National
Oceanographic and Atmospheric Administration.
No-Contact Early Entry
Avoiding contact by using personal protective equipment does NOT
qualify as no-contact early entry.
If workers will have no contact with anything that has been treated
with the pesticide to which the restricted-entry interval applies,
you may permit them to enter pesticide-treated areas when the
application is finished.
- After any inhalation exposure level listed on the product
labeling has been reached or any WPS ventilation criteria
have been met, you may permit workers into a treated area
during an REI if they will not touch or be touched by any
pesticide residues, including:
- on plants, including both agricultural plants and weeds,
- on or in soil or planting medium,
- in water
, such as irrigation water or water standing in
drainage ditches or puddles,
- in air, if pesticide remains suspended after application,
such as after fumigation or after a smoke, mist, fog, or
aerosol application.
No-contact early-entry workers do NOT have to be provided
the special protections required in
Early Entry.
However, they must be provided the following protections
offered to other agricultural workers: information at a
central location, pesticide safety training for worke rs,
notification, restrictions during applications and during
restricted-entry intervals, and emergency assistance.
Decontamination sites, however, need NOT be provided to
no-contact early-entry workers.
- The following are examples of situations where a worker
would NOT be expected to contact pesticide residues in a
treated area after sprays, dusts, and vapors have settled out of
the air:
- The worker is wearing footwear and is walking in aisles or
on roads, footpaths, or other pathways through the treated
area where the plants or other treated surfaces cannot
brush against the worker and cannot drop or drip
pesticides onto the worker.
- The worker is in an open-cab vehicle in a treated area
where the plants cannot brush against the worker and
cannot drop or drip pesticide onto the worker.
- After a pesticide application that is incorporated or
injected into the soil, the worker is doing tasks that do not
involve touching or disrupting the soil subsurface.
- The worker is in an enclosed cab on a truck, tractor, or
other vehicle.
Forward to Unit 4, Part B
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