Exemptions and Exceptions
The current WPS has exemptions and exceptions. EPA is continuing the exemption for immediate family members as we recognize the independence of the family farm and believe that farm family parents are in the best position to make decisions about the types of activities in which their children can safely engage.
EPA is proposing to modify the exemptions for crop advisor employees and for training of workers to address concerns for safety.
Read the details of the proposed changes and the rationale before you comment.
All your comments are welcome but we have specific questions for you on Exemptions and Exceptions:
A. Immediate Family
- Would this requirement have a different impact on small farms than on larger establishments? If so, please explain the likely impact.
- Does exempting agricultural establishment owners from the requirements to provide certain protections to immediate family members present unreasonable risks to family members who are under 16 years old?
- What would be the impact of limiting the immediate family exemption to family members who are at least 16 years old and who are employed by the owner?
- How many agricultural establishments would be affected if EPA decided to limit the exemption to immediate family members at least 16 years old?
B. Crop Advisors and Employees
- Should EPA consider an alternative to this proposal? If so, what alternative and why?
- Should EPA require specific training for the employees of crop advisors to ensure that they understand the risks of entering and working in areas treated with pesticides? If so, please provide specific information on the type of training and anticipated benefit to crop advisor employees. Also, please comment on whether a crop adviser’s employees, who have received such training, should be exempt from the WPS requirements for provisions for decontamination supplies and emergency assistance and from following the labeling requirements for PPE for early entry.
C. Revise the Exception to the Requirement for Workers to be Fully Trained before Entering Pesticide-Treated Areas
- Supply of trainers and how quickly they can be available.
- Frequency of hiring new workers during the year.
- Evidence about the frequency of illness for workers who receive basic vs. full pesticide safety training.
- Should EPA eliminate the grace period? Why or why not?
- What would be the impact of eliminating the grace period on agricultural employers, trainers, and/or workers?
- What would be the impact of a shorter grace period on agricultural employers and trainers?
- Would retaining a shorter grace period as proposed negatively impact workers? If so, how?
- Should EPA consider reducing the grace period to 3 or 4 days? What would be the relative impacts of a 3 or 4 day grace period on agricultural employers and workers as compared to the proposed grace period of 2 days?