Worker Protection Program Fact Sheet: Final Rule Amendment - Crop AdvisorsIn April 1995, EPA completed a final rule amendment to the Worker Protection Standard (WPS) that exempts certified or licensed crop advisors and persons under their direct supervision while performing crop advisor tasks from WPS provisions except for pesticide safety training.
In July 1994, EPA received a petition from a coalition of agricultural organizations that recommended exempting crop advisors from the WPS. In a January 1995 Federal Register Notice, EPA proposed for comment an exemption of certain crop advisors from certain WPS requirements. EPA has considered comments received and has issued a final determination.
Summary of Final Rule Amendment
Certified or licensed crop advisors and persons under their direct supervision are exempt from WPS provisions except for pesticide safety training.
The exemption applies only after pesticide application ends and while performing crop advising tasks.
The exemption describes what constitutes "direct supervision" and the information that crop advisors must convey to those under their direct supervision.
Certified or licensed crop advisors may substitute pesticide safety training received during certification or licensing, if it is equivalent to WPS pesticide handler training.
In order to allow time for acquiring certification or licensing, these provisions will be phased in by exempting from WPS all persons doing crop advising tasks until May 1, 1996.
As handlers under the WPS, crop advisors may enter treated areas during application and the restricted entry interval without time limitations, if provided with the required personal protective equipment (PPE) specified on the product labeling and other protection provided for handlers. Employees of agricultural establishments who are performing crop advisor tasks in a treated area within 30 days of the expiration of the restricted entry interval are provided the same protection as workers under WPS.
The exemption established by this action allows certified or licensed crop advisors to choose appropriate protection to be utilized while performing crop advising tasks in treated areas after the end of pesticide application. This rule also establishes a temporary exemption for all persons while doing crop advising tasks in order to allow time to acquire certification or licensing.
EPA is exempting knowledgeable and experienced crop advisors, and persons under their direct supervision, from the PPE, knowledge of labeling and site specific information, decontamination, and emergency assistance requirements of the WPS after pesticide application ends and only when performing crop advising tasks. Certified or licensed crop advisors may substitute pesticide safety training received during the Federal, State or Tribal approved certification or licensing program if such training is at least equivalent to the WPS training.
For more information contact:
Certification and Worker Protection Branch
Office of Pesticide Programs
U.S. EPA (7506C)
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460-0001
Phone: 703 305-7666
Fax: 703 308-2962