Requirements under the Worker Protection Standard for Owners of Agricultural Establishments and Immediate Family
On this page:
- Which worker protection standard (WPS) requirements apply to owners of agricultural establishments?
- Which WPS requirements DO NOT apply to owners of agricultural establishments?
- For more information
Owners of agricultural establishments and members of their immediate family are exempt from many worker protection standard (WPS) requirements on establishments that are majority-owned by immediate family members. Immediate family includes:
- children; stepchildren; foster children;
- sons-in law; daughters-in law;
- parents; stepparents; foster parents;
- father-in-law; mother-in-law;
- brothers; sisters;
- brothers-in-law; sisters-in-law;
- aunts; uncles; nieces; nephews; and first cousins.
Owners of agricultural establishments and members of their immediate family must comply with the following requirements:
- Employer information exchange.
- Restrictions during handling tasks:
- Use the personal protective equipment (PPE) and clothing listed on the pesticide labeling for the task being performed.
- Handlers may omit some of the required PPE if they are using a closed system, in an enclosed cab or in a cockpit.
- Provide medical evaluation, fit test and respirator training to handlers required to wear a respirator by a pesticide label.Exit
- Restrictions during applications -- make sure that:
- Each pesticide is applied so that it does not contact people (except appropriately trained and equipped handlers) either directly or through drift.
- People (except appropriately trained and equipped handlers) are kept out of areas:
- Being treated with pesticides.
- Near the application equipment (the application exclusion zone).
- Handlers suspend applications if people (except appropriately trained and equipped handlers) are near the application equipment (in the application exclusion zone).
- Restrictions during restricted-entry intervals:
- When two (or more) pesticides are applied at the same time, and have different REIs, follow the longer restricted-entry interval.
- Keep immediate family members out of the treated area until the restricted-entry interval expires, with limited exceptions described below.
- You may enter the pesticide-treated area if there is no contact to pesticides and their residues, in compliance with the no-contact early entry provision.
- You may enter the pesticide-treated area under certain circumstances under the exemptions for short-term, limited-contact, agricultural emergency, or specially excepted early entry.
Agricultural owners are not required to provide themselves or members of their immediate family with the following protections of the WPS:
- Display information at a central location.
- Keep records of pesticide applications and safety data sheets.
- Minimum age for handlers and early-entry workers.
- Pesticide safety training.
- Decontamination supplies.
- Emergency assistance.
- Notice about applications.
- Monitoring handlers.
- Specific handling instructions.
- Equipment safety.
- All the specific duties related to the care of PPE and management of its use.
- The following duties related to early entry:
- training and instructions;
- decontamination supplies; and
- specific duties related to the care of PPE and management of its use.
NOTE: Agricultural owners must provide all applicable WPS protections to any worker and handler employees on their establishment that are not immediate family members.