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Agricultural Worker Protection Standard 40 CFR Parts 156 & 170 Interpretive Policy

Document Contents

  • 1.1    Accelerated Provisions
  • 2.1   Crop Advisors
  • 3.1   Decontamination
  • 4.1   Definitions
  • 5.1   Entry Restrictions
  • 6.1   Equivalency Issues
  • 7.1   Exemptions and Exceptions
  • 8.1    Generic Requirements
  • 9.1    Handler Activities
  • 10.1  Labeling Issues
  • 11.1  Notice of Applicaton
  • 12.1  Personal Protective Equipment (PPE)
  • 13.1  Posting Signs/Display of Information
  • 14.1  Scope
  • 15.1  Training
  • 16.1  Enforcement and Liability

  • 1.1 Accelerated Provisions

    1.11 Ventilation criteria

    1.12 Labeling in reference to...

    2.1 Crop Advisors

    2.11 Status under the WPS

    2.12 Knowledge of site-specific information

    3.1 Decontamination

    3.11 Size of eyeflush containers

    3.12 Single-use towels

    3.13 Decontamination materials for flaggers

    3.14 Immediate availability of eyeflush

    3.15 Examples of immediate availability

    3.16 Examples of unacceptable locations for eyeflush

    3.17 WPS and OSHA requirements for decontamination water

    3.18 Decontamination requirements and handlers

    3.19 Eyeflush water preemption

    3.20 Decontamination facilities for consultants

    3.21 Use of diluent water for decontamination

    4.1 Definitions

    4.11 Interpretation of the term "use"

    4.12 When is a crop harvested

    4.13 Sod/turf growing establishments, nursery

    4.13.1 Sod/turf growing establishments, farm

    4.14 Closed systems

    4.15 Water-soluble bags

    4.16 Enclosed cabs

    4.16.1 Open cabs

    4.17 When is a structure a greenhouse

    4.18 Is a structure a greenhouse; if windows and doors remain open during application

    4.19 Is a structure a greenhouse; if walls are porous, or sides are removed

    4.20 Greenhouses, one structure with 3 subenclosures

    4.21 Coarse spray, applicability to Tables 1 and 2 in 40 CFR part 170.110

    4.22 What is the treated area, when pesticide spray is directed to the base of a tree

    4.23 Definition of enclosed cockpit

    4.24 Definition of contaminated aircraft

    5.1 Entry Restrictions

    5.11 State-established REIs

    5.12 Irrigation activities

    5.12.1 Irrigation activities under an REI (continued)

    5.13 Wet plants vs. REIs

    5.14 Potting soil in pots

    5.15 Potting soil, movement off site

    5.16 Moving containers during REI

    5.17 Greenhouses, spraying 12 inches from planting medium

    5.18 Entry under an REI for no-contact activities

    5.19 Greenhouse applications, when does REI begin

    5.20 Irrigation in arid areas

    6.1 Equivalency Issues

    6.11 Protocol for state regulatory equivalency

    6.12 California's use reporting requirements

    7.1 Exemptions/ Exceptions

    7.11 Growers/owners applicability of WPS to

    7.11.1 Exception requests, irrigation activities

    7.12 Self-employed persons, applicability of WPS to

    7.13 Small establishments, applicability of WPS to

    7.14 Exemptions to provisions on the label

    7.15 Moving contaminated irrigation equipment

    7.16 Wide-area public pest control programs

    7.17 Immediate family exemption

    7.18 Fire ant control/quarantine, potting soil

    7.19 Agricultural emergencies, is SLA only agency with authority to declare emergency

    7.20 Agricultural emergencies, who can declare one when there is no clear authority

    7.21 Agricultural emergencies, can SLA require documentation of emergency

    7.22 Agricultural emergencies, is there a violation if workers enter and emergency does not occur

    7.23 Agricultural emergencies, may SLA declare circumstances which constitutes an emergency

    7.24 Exemptions for workers entering a treated area, applicability to pesticide handlers

    8.1 Generic Requirements

    8.11 Access to the 40 CFR part 170 requirements

    8.12 Transportation to medical facility

    8.13 Return transportation from medical facility

    8.14 Who pays for transportation to medical facility

    8.15 Agricultural employer transportation requirements for migrant workers

    9.1 Handler Activities

    9.11 Watering-in

    9.12 Access to product labeling

    10.1 Labeling Issues

    10.11 Compliance with language referred to on labeling

    10.12 Old versus new label requirements

    10.13 Sale and use of non-WPS labeled products after October 23, 1995

    11.1 Notice of Applicaton

    11.11 Premises, definitions

    11.12 Oral notification

    11.13 Adjacent properties

    11.14 Notification of application

    11.14.1 Notification of application, information regarding application

    11.14.2 Notification after application

    11.15 What is the treated area

    11.16 Timing of notification

    12.1 Personal Protective Equipment (PPE)

    12.11 Enclosed cabs

    12.12 Chemical-resistant footwear

    12.13 Protective eyewear

    12.14 Clean changes of clothes

    12.15 Eye protection for dilute formulation

    12.16 Disposal of drenched clothing

    12.17 Applicability of enclosed cab restrictions

    12.18 Enclosed cabs, exiting cab for no-contact activity

    12.19 Storage of PPE "apart" and "away"

    12.20 Heat stress; prevention when wearing PPE

    13.1 Posting signs/Display of Information

    13.11 Modifications to posting signs

    13.12 Colors of the posting signs

    13.13 Language requirements on signs

    13.14 Posting signs location requirements

    13.15 Method of display of application information

    13.16 Posting after containers have been sold 13.17 Pesticide application list, harvested crops

    13.18 Pesticide application list, non-WPS labeled product

    13.19 Posting of private forest land 13.20 Posting areas with unlimited entry points

    13.21 Central posting, large or non-contiguous sites

    13.22 Updating central posting information

    13.23 Use of smaller signs

    14.1 Scope

    14.11 Persons other than workers, and WPS

    14.12 Prisons, coverage by WPS

    14.12.1 Prisons, responsibility for providing WPS protections

    14.13 Educational facilities, coverage by WPS

    14.13.1 Educational facilities, responsibility for providing WPS protections (continued)

    14.13.2 Educational facilities, coverage by WPS, compensation

    14.14 Sod/turf growing establishments

    14.15 Trustee management of an agricultural establishment

    14.16 Retail establishments, coverage by WPS

    14.17 Agricultural employer, liability when crop is owned by someone other than grower

    14.18 Seed treatments

    14.19 Plants grown for research

    14.20 Contracts, liability

    14.21 Planting treated seed

    14.22 Potting soil mixtures, applicability

    14.23 Potting soil mixtures, requirements to meet

    14.24 Conservation Reserve Program land, coverage by WPS

    14.25 Volunteers, coverage by WPS

    14.26 Workers hired over 30 days after application

    14.27 Persons stepping up nursery stock

    14.28 Are grower cooperatives establishments

    14.29 Persons carrying nursery stock

    14.30 Persons selling produce from home gardens

    14.31 Employees of landfills

    14.32 Garden clubs, coverage by WPS

    14.33 Workers not involved in production of agricultural plants, coverage by WPS

    14.34 Production of agricultural plants for other than direct sale

    14.35 Employees working for a packing shed, coverage by WPS

    14.36 Day haulers, coverage by WPS

    14.37 Are researchers considered workers or handlers

    14.38 Field transplant operations, coverage by WPS

    15.1 Training

    15.11 Training verification card

    15.12 Exceptions to training requirements

    15.12.1 Issuance of training verification cards

    15.13 Additional training for certified applicators

    15.14 40 CFR section 170.234(c)(2,3); do requirements herein constitute a training program

    16.1 Enforcement and Liability

    16.11 Guidance to States; determining recipient of WPS enforcement actions

    16.12 Responsibility for agricultural workers brought in by labor contractor

    16.13 Employer responsibility for compliance in chain of command

    16.14 Employer liability under WPS if workers claim not to have been trained in some WPS requirements


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