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Pt. 170
producer. These records shall be retained as long as the registration is
valid and the producer is in business.
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[45 FR 54338, Aug. 15, 1980, as amended at 58
FR 9090, Feb. 18, 1993]
§ 169.3 Inspection.
(a) Producers. Any producer of any
pesticide, device, or active ingredient
used in producing a pesticide which is
subject to this Act shall, upon request
of any officer or employee of the Agency or of any State or political subdivision, duly designated by the Administrator, furnish or permit such person
at all reasonable times to have access
to and to copy all records required to
be maintained by this part, including
records in the possession of an independent testing facility or laboratory
which performed tests on behalf of the
producer. Such inspection will be conducted in accordance with procedures
detailed in section 8(b) of the Act.
(b) Distributors, carriers, dealers,
etc. Any distributor, carrier, dealer, or
any other person who sells or offers for
sale, delivers or offers for delivery any
pesticide, device, or active ingredient
used in producing a pesticide which is
subject to this Act, shall, upon request
of any officer or employee of the Agency or of any State or political subdivision, duly designated by the Administrator, furnish or permit such person
at all reasonable times to have access
to and copy all records showing the delivery or holding of such pesticide, device, or active ingredient used in producing a pesticide, including the quantity, the date of shipment and receipt,
and the name and address of the consignor and consignee, and any guarantee received pursuant to section
12(b)(1) of the Act.
(c) Confidentiality. Any record which
is subject to the regulations under this
part, and which may be confidential,
shall be treated in accordance with the
provisions of section 10 of the Act. The
availability to the public of information provided to, or otherwise obtained
by, the Administrator under this part
shall be governed by part 2 of this
chapter.
(d) Inability. (1) In the event of the inability of any person to produce
records containing the information required to be maintained, furnished for
inspection, or given access to, all other
records and information regarding the
same shall be provided.
(2) Where no such inability exists and
any such person fails to give access to
and permit copying of such records as
required, such failure shall be deemed a
refusal to keep records required or a refusal to allow the inspection of any
such records or both.
PART 170—WORKER PROTECTION
STANDARD
Subpart A—General Provisions
Sec.
170.1
170.3
170.7
170.9
Scope and purpose.
Definitions.
General duties and prohibited actions.
Violations of this part.
Subpart B—Standard for Workers
170.102 Applicability of this subpart.
170.103 Exceptions.
170.104 Exemptions.
170.110 Restrictions associated with pesticide applications.
170.112 Entry restrictions.
170.120 Notice of applications.
170.122 Providing specific information about
applications.
170.124 Notice of applications to handler
employers.
170.130 Pesticide safety training for workers.
170.135 Posted pesticide safety information.
170.150 Decontamination.
170.160 Emergency assistance.
Subpart C—Standard for Pesticide
Handlers
170.202 Applicability of this subpart.
170.203 Exceptions.
170.204 Exemptions.
170.210 Restrictions during applications.
170.222 Providing specific information about
applications.
170.224 Notice of applications to agricultural employers.
170.230 Pesticide safety training for handlers.
170.232 Knowledge of labeling and site-specific information.
170.234 Safe operation of equipment.
170.235 Posted pesticide safety information.
170.240 Personal protective equipment.
170.250 Decontamination.
170.260 Emergency assistance.
AUTHORITY: 7 U.S.C. 136w.
SOURCE: 57 FR 38151, Aug. 21, 1992, unless
otherwise noted.
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§ 170.1
40 CFR Ch. I (7–1–10 Edition)
Subpart A—General Provisions
§ 170.1
Scope and purpose.
This part contains a standard designed to reduce the risks of illness or
injury resulting from workers’ and
handlers’ occupational exposures to
pesticides used in the production of agricultural plants on farms or in nurseries, greenhouses, and forests and also
from the accidental exposure of workers and other persons to such pesticides. It requires workplace practices
designed to reduce or eliminate exposure to pesticides and establishes procedures for responding to exposure-related emergencies.
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§ 170.3
Definitions.
Terms used in this part have the
same meanings they have in the Federal
Insecticide,
Fungicide,
and
Rodenticide Act, as amended. In addition, the following terms, when used in
this part, shall have the following
meanings:
Agricultural employer means any person who hires or contracts for the services of workers, for any type of compensation, to perform activities related
to the production of agricultural
plants, or any person who is an owner
of or is responsible for the management
or condition of an agricultural establishment that uses such workers.
Agricultural establishment means any
farm, forest, nursery, or greenhouse.
Agricultural plant means any plant
grown or maintained for commercial or
research purposes and includes, but is
not limited to, food, feed, and fiber
plants; trees; turfgrass; flowers, shrubs;
ornamentals; and seedlings.
Chemigation means the application of
pesticides through irrigation systems.
Commercial pesticide handling establishment means any establishment,
other than an agricultural establishment, that:
(1) Employs any person, including a
self-employed person, to apply on an
agricultural establishment, pesticides
used in the production of agricultural
plants.
(2) Employs any person, including a
self-employed person, to perform on an
agricultural establishment, tasks as a
crop advisor.
Crop advisor means any person who is
assessing pest numbers or damage, pesticide distribution, or the status or requirements of agricultural plants. The
term does not include any person who
is performing hand labor tasks.
Early entry means entry by a worker
into a treated area on the agricultural
establishment after a pesticide application is complete, but before any restricted-entry interval for the pesticide
has expired.
Farm means any operation, other
than a nursery or forest, engaged in the
outdoor production of agricultural
plants.
Forest means any operation engaged
in the outdoor production of any agricultural plant to produce wood fiber or
timber products.
Fumigant means any pesticide product that is a vapor or gas, or forms a
vapor or gas on application, and whose
method of pesticidal action is through
the gaseous state.
Greenhouse means any operation engaged in the production of agricultural
plants inside any structure or space
that is enclosed with nonporous covering and that is of sufficient size to
permit worker entry. This term includes,
but
is
not
limited
to,
polyhouses, mushroom houses, rhubarb
houses, and similar structures. It does
not include such structures as malls,
atriums, conservatories, arboretums,
or office buildings where agricultural
plants are present primarily for aesthetic or climatic modification.
Hand labor means any agricultural
activity performed by hand or with
hand tools that causes a worker to
have substantial contact with surfaces
(such as plants, plant parts, or soil)
that may contain pesticide residues.
These activities include, but are not
limited to, harvesting, detasseling,
thinning, weeding, topping, planting,
sucker removal, pruning, disbudding,
roguing, and packing produce into containers in the field. Hand labor does
not include operating, moving, or repairing irrigation or watering equipment or performing the tasks of crop
advisors.
Handler means any person, including
a self-employed person:
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Environmental Protection Agency
§ 170.7
(1) Who is employed for any type of
compensation by an agricultural establishment or commercial pesticide handling establishment to which subpart C
of this part applies and who is:
(i) Mixing, loading, transferring, or
applying pesticides.
(ii) Disposing of pesticides or pesticide containers.
(iii) Handling opened containers of
pesticides.
(iv) Acting as a flagger.
(v) Cleaning, adjusting, handling, or
repairing the parts of mixing, loading,
or application equipment that may
contain pesticide residues.
(vi) Assisting with the application of
pesticides.
(vii) Entering a greenhouse or other
enclosed area after the application and
before the inhalation exposure level
listed in the labeling has been reached
or one of the ventilation criteria established by this part ( § 170.110(c)(3)) or in
the labeling has been met:
(A) To operate ventilation equipment.
(B) To adjust or remove coverings
used in fumigation.
(C) To monitor air levels.
(viii) Entering a treated area outdoors after application of any soil fumigant to adjust or remove soil coverings such as tarpaulins.
(ix) Performing tasks as a crop advisor:
(A) During any pesticide application.
(B) Before the inhalation exposure
level listed in the labeling has been
reached or one of the ventilation criteria
established
by
this
part
(§ 170.110(c)(3)) or in the labeling has
been met.
(C) During any restricted-entry interval.
(2) The term does not include any
person who is only handling pesticide
containers that have been emptied or
cleaned according to pesticide product
labeling instructions or, in the absence
of such instructions, have been subjected to triple-rinsing or its equivalent.
Handler employer means any person
who is self-employed as a handler or
who employs any handler, for any type
of compensation.
Immediate
family
includes
only
spouse, children, stepchildren, foster
children, parents, stepparents, foster
parents, brothers, and sisters.
Nursery means any operation engaged
in the outdoor production of any agricultural plant to produce cut flowers
and ferns or plants that will be used in
their entirety in another location.
Such plants include, but are not limited to, flowering and foliage plants or
trees; tree seedlings; live Christmas
trees; vegetable, fruit, and ornamental
transplants; and turfgrass produced for
sod.
Owner means any person who has a
present possessory interest (fee, leasehold, rental, or other) in an agricultural establishment covered by this
part. A person who has both leased
such agricultural establishment to another person and granted that same
person the right and full authority to
manage and govern the use of such agricultural establishment is not an
owner for purposes of this part.
Restricted-entry interval means the
time after the end of a pesticide application during which entry into the
treated area is restricted.
Treated area means any area to which
a pesticide is being directed or has
been directed.
Worker means any person, including a
self-employed person, who is employed
for any type of compensation and who
is performing activities relating to the
production of agricultural plants on an
agricultural establishment to which
subpart B of this part applies. While
persons employed by a commercial pesticide handling establishment are performing tasks as crop advisors, they
are not workers covered by the requirements of subpart B of this part.
§ 170.7 General duties and prohibited
actions.
(a) General duties. The agricultural
employer or the handler employer, as
appropriate, shall:
(1) Assure that each worker subject
to subpart B of this part or each handler subject to subpart C of this part
receives the protections required by
this part.
(2) Assure that any pesticide to
which subpart C of this part applies is
used in a manner consistent with the
labeling of the pesticide, including the
requirements of this part.
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§ 170.9
40 CFR Ch. I (7–1–10 Edition)
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(3) Provide, to each person who supervises any worker or handler, information and directions sufficient to assure that each worker or handler receives the protections required by this
part. Such information and directions
shall specify which persons are responsible for actions required to comply
with this part.
(4) Require each person who supervises any worker or handler to assure
compliance by the worker or handler
with the provisions of this part and to
assure that the worker or handler receives the protections required by this
part.
(b) Prohibited actions. The agricultural employer or the handler employer shall not take any retaliatory
action for attempts to comply with
this part or any action having the effect of preventing or discouraging any
worker or handler from complying or
attempting to comply with any requirement of this part.
§ 170.9 Violations of this part.
(a) Under the Federal Insecticide,
Fungicide, and Rodenticide Act (7
U.S.C. 136 et seq.) (FIFRA) section
12(a)(2)(G) it is unlawful for any person
‘‘to use any registered pesticide in a
manner inconsistent with its labeling.’’
When this part is referenced on a label,
users must comply with all of its requirements except those that are inconsistent with product-specific instructions on the labeling. For the purposes of this part, EPA interprets the
term ‘‘use’’ to include:
(1) Preapplication activities, including, but not limited to:
(i) Arranging for the application of
the pesticide;
(ii) Mixing and loading the pesticide;
and
(iii) Making necessary preparations
for the application of the pesticide, including responsibilities related to
worker notification, training of handlers, decontamination, use and care of
personal protective equipment, emergency information, and heat stress
management.
(2) Application of the pesticide.
(3) Post-application activities necessary to reduce the risks of illness and
injury resulting from handlers’ and
workers’ occupational exposures to
pesticide residues during the restricted-entry interval plus 30 days.
These activities include, but are not
limited to, responsibilities related to
worker training, notification, and decontamination.
(4) Other pesticide-related activities,
including, but not limited to, providing
emergency assistance, transporting or
storing pesticides that have been
opened, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other
pesticide-containing materials.
(b) A person who has a duty under
this part, as referenced on the pesticide
product label, and who fails to perform
that duty, violates FIFRA section
12(a)(2)(G) and is subject to a civil penalty under section 14. A person who
knowingly violates section 12(a)(2)(G)
is subject to section 14 criminal sanctions.
(c) FIFRA section 14(b)(4) provides
that a person is liable for a penalty
under FIFRA if another person employed by or acting for that person violates any provision of FIFRA. The
term ‘‘acting for’’ includes both employment and contractual relationships.
(d) The requirements of this part, including the decontamination requirements, shall not, for the purposes of
section 653(b)(1) of title 29 of the U.S.
Code, be deemed to be the exercise of
statutory authority to prescribe or enforce standards or regulations affecting
the general sanitary hazards addressed
by the OSHA Field Sanitation Standard, 29 CFR 1928.110, or other agricultural, nonpesticide hazards.
Subpart B—Standard for Workers
§ 170.102
Applicability of this subpart.
Except as provided by §§ 170.103 and
170.104, this subpart applies when any
pesticide product is used on an agricultural establishment in the production
of agricultural plants.
[60 FR 21952, May 3, 1995]
§ 170.103
Exceptions.
Exceptions. This subpart does not
apply when any pesticide is applied on
an agricultural establishment in the
following circumstances:
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Environmental Protection Agency
§ 170.104
(a) For mosquito abatement, Mediterranean fruit fly eradication, or similar wide-area public pest control programs sponsored by governmental entities;
(b) On livestock or other animals, or
in or about animal premises;
(c) On plants grown for other than
commercial or research purposes,
which may include plants in habitations, home fruit and vegetable gardens, and home greenhouses;
(d) On plants that are in ornamental
gardens, parks, and public or private
lawns and grounds that are intended
only for aesthetic purposes or climatic
modification;
(e) By injection directly into agricultural plants. Direct injection does not
include ‘‘hack and squirt,’’ ‘‘frill and
spray,’’ chemigation, soil-incorporation, or soil-injection;
(f) In a manner not directly related
to the production of agricultural
plants, including, but not limited to,
structural pest control, control of
vegetation along rights-of-way and in
other noncrop areas, and pasture and
rangeland use;
(g) For control of vertebrate pests;
(h) As attractants or repellents in
traps;
(i) On the harvested portions of agricultural plants or on harvested timber;
and
(j) For research uses of unregistered
pesticides.
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[57 FR 38151, Aug. 21, 1992. Redesignated at 60
FR 21952, May 3, 1995]
§ 170.104 Exemptions.
The workers listed in this section are
exempt from the specified provisions of
this subpart.
(a) Owners of agricultural establishments. (1) The owner of an agricultural
establishment is not required to provide to himself or members of his immediate family who are performing
tasks related to the production of agricultural plants on their own agricultural establishment the protections of:
(i) Section 170.112(c)(5) through (9).
(ii) Section 170.112(c)(5) through (9) as
referenced in §§ 170.112(d)(2)(iii) and
170.112(e).
(iii) Section 170.120.
(iv) Section 170.122.
(v) Section 170.130.
(vi) Section 170.135.
(vii) Section 170.150.
(viii) Section 170.160.
(2) The owner of the agricultural establishment must provide the protections listed in paragraph (a)(1)(i)
through (viii) of this section to other
workers and other persons who are not
members of his immediate family.
(b) Crop advisors. (1) Provided that
the conditions of paragraph (b)(2) of
this section are met, a person who is
certified or licensed as a crop advisor
by a program acknowledged as appropriate in writing by EPA or a State or
Tribal lead agency for pesticide enforcement, and persons performing
crop advising tasks under such qualified crop advisor’s direct supervision,
are exempt from the provisions of:
(i) Section 170.150.
(ii) Section 170.160.
A person is under the direct supervision of a crop advisor when the crop
advisor exerts the supervisory controls
set out in paragraphs (b)(2)(iii) and (iv)
of this section. Direct supervision does
not require that the crop advisor be
physically present at all times, but the
crop advisor must be readily accessible
to the employees at all times.
(2) Conditions of exemption. (i) The
certification or licensing program requires pesticide safety training that includes, at least, all the information in
§ 170.230(c)(4).
(ii) Applies only when performing
crop advising tasks in the treated area.
(iii) The crop advisor must make specific determinations regarding the appropriate personal protective equipment, appropriate decontamination
supplies, and how to conduct the tasks
safely. The crop advisor must convey
this information to each person under
his direct supervision in a language
that the person understands.
(iv) Before entering a treated area,
the certified or licensed crop advisor
must inform, through an established
practice of communication, each person under his direct supervision of the
pesticide product and active ingredient(s) applied, method of application,
time of application, the restricted
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§ 170.110
40 CFR Ch. I (7–1–10 Edition)
entry interval, which tasks to undertake, and how to contact the crop advisor.
[60 FR 21952, May 3, 1995, as amended at 73
FR 75598, Dec. 12, 2008]
§ 170.110 Restrictions associated with
pesticide applications.
(a) Farms and
plication of any
in a forest, the
shall not allow
other than an
forests. During the appesticide on a farm or
agricultural employer
or direct any person,
appropriately trained
and equipped handler, to enter or to remain in the treated area.
(b) Nurseries. In a nursery, during any
pesticide application described in column A of Table 1 of this paragraph, the
agricultural employer shall not allow
or direct any person, other than an appropriately trained and equipped handler, to enter or to remain in the area
specified in column B of Table 1 of this
paragraph. After the application is
completed, until the end of any restricted-entry interval, the entry-restricted area is the treated area.
TABLE 1—ENTRY-RESTRICTED AREAS IN NURSERIES DURING PESTICIDE APPLICATIONS
A. During Application of a Pesticide:
B. Workers are Prohibited in:
(1)(a) Applied:
Treated area plus 100 feet in
all directions on the nursery
(i) Aerially, or
(ii) In an upward direction, or
(iii) Using a spray pressure greater than 150 psi, or
(b) Applied as a:
(i) Fumigant, or
(ii) Smoke, or
(iii) Mist, or
(iv) Fog, or
(v) Aerosol.
(2)(a) Applied downward using:
Treated are plus 25 feet in all
directions on the nursery
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(i) A height of greater than 12 inches from the planting medium, or
(ii) A fine spray, or
(iii) A spray pressure greater than 40 psi and less than 150 psi.
(b) Not as in 1 or 2(a) above but for which a respiratory protection device is required for
application by the product labeling.
(3) Applied otherwise.
(c) Greenhouses. (1) When a pesticide
application described in column A of
Table 2 under paragraph (c)(4) of this
section takes place in a greenhouse,
the agricultural employer shall not
allow or direct any person, other than
an appropriately trained and equipped
handler, to enter or to remain in the
area specified in column B of Table 2
until the time specified in column C of
Table 2 has expired.
(2) After the time specified in column
C of Table 2 under paragraph (c)(4) of
this section has expired, until the expiration of any restricted-entry interval,
the agricultural employer shall not
allow or direct any worker to enter or
to remain in the treated area as specified in column D of Table 2 under paragraph (c)(4) of this section, except as
provided in § 170.112.
(3) When column C of Table 2 under
paragraph (c)(4) of this section specifies that ventilation criteria must be
Treated area
met, ventilation shall continue until
the air concentration is measured to be
equal to or less than the inhalation exposure level the labeling requires to be
achieved. If no inhalation exposure
level is listed on the labeling, ventilation shall continue until after:
(i) Ten air exchanges are completed;
or
(ii) Two hours of ventilation using
fans or other mechanical ventilating
systems; or
(iii) Four hours of ventilation using
vents, windows or other passive ventilation; or
(iv) Eleven hours with no ventilation
followed by 1 hour of mechanical ventilation; or
(v) Eleven hours with no ventilation
followed by 2 hours of passive ventilation; or
(vi) Twenty-four hours with no ventilation.
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Environmental Protection Agency
§ 170.112
(4) The following Table 2 applies to
paragraphs (c) (1), (2), and (3) of this
section.
TABLE 2—GREENHOUSE ENTRY RESTRICTIONS ASSOCIATED WITH PESTICIDE APPLICATIONS
A. When a Pesticide is
Applied:
(1) As a fumigant
(2) As a
(i) Smoke, or
(ii) Mist, or
(iii) Fog, or
(iv) Aerosol
(3) Not in 1 or 2
above, and for
which a respiratory
protection device is
required for application by the product
labeling
(4) Not in 1, 2, or 3
above, and:
(i) From a height of
greater than 12 in.
from the planting
medium, or
(ii) As a fine spray,
or
(iii) Using a spray
pressure greater
than 40 psi
(5) Otherwise
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§ 170.112
D. After the Expiration of Time in
Column C Until the RestrictedEntry Interval Expires, the EntryRestricted Area is:
B. Workers are Prohibited in:
C. Until:
Entire greenhouse plus any adjacent structure that cannot be
sealed off from the treated
area
Entire enclosed area
The ventilation criteria of paragraph (c)(3) of this section are
met
No entry restrictions after criteria
in column C are met
The ventilation criteria of paragraph (c)(3) of this section are
met
Entire enclosed area is the treated area
Entire enclosed area
The ventilation criteria of paragraph (c)(3) of this section are
met
Treated area
Treated area plus 25 feet in all
directions in the enclosed area
Application is complete
Treated area
Treated area
Application is complete
Treated area
Entry restrictions.
(a) General restrictions. (1) After the
application of any pesticide on an agricultural establishment, the agricultural employer shall not allow or direct any worker to enter or to remain
in the treated area before the restricted-entry interval specified on the
pesticide labeling has expired, except
as provided in this section.
(2) Entry-restricted areas in greenhouses are specified in column D in
table 2 under § 170.110(c)(4).
(3) When two or more pesticides are
applied at the same time, the restricted-entry interval shall be the
longest of the applicable intervals.
(4) The agricultural employer shall
assure that any worker who enters a
treated area under a restricted-entry
interval as permitted by paragraphs
(c), (d), and (e) of this section uses the
personal protective equipment speci-
fied in the product labeling for earlyentry workers and follows any other
requirements on the pesticide labeling
regarding early entry.
(b) Exception for activities with no contact. A worker may enter a treated area
during a restricted-entry interval if the
agricultural employer assures that
both of the following are met:
(1) The worker will have no contact
with anything that has been treated
with the pesticide to which the restricted-entry interval applies, including, but not limited to, soil, water, air,
or surfaces of plants; and
(2) No such entry is allowed until any
inhalation exposure level listed in the
labeling has been reached or any ventilation
criteria
established
by
§ 170.110(c)(3) or in the labeling have
been met.
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§ 170.112
40 CFR Ch. I (7–1–10 Edition)
(c) Exception for short-term activities. A
worker may enter a treated area during a restricted-entry interval for
short-term activities if the agricultural employer assures that the following requirements are met:
(1) No hand labor activity is performed.
(2) The time in treated areas under a
restricted-entry interval for any worker does not exceed 1 hour in any 24hour period.
(3) No such entry is allowed for the
first 4 hours following the end of the
application, and no such entry is allowed thereafter until any inhalation
exposure level listed in the labeling has
been reached or any ventilation criteria established by § 170.110(c)(3) or in
the labeling have been met.
(4) The personal protective equipment specified on the product labeling
for early entry is provided to the worker. Such personal protective equipment
shall conform to the following standards:
(i) Personal protective equipment
(PPE) means devices and apparel that
are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to,
coveralls,
chemical-resistant
suits,
chemical-resistant gloves, chemical-resistant footwear, respiratory protection
devices,
chemical-resistant
aprons, chemical-resistant headgear,
and protective eyewear.
(ii) Long-sleeved shirts, short-sleeved
shirts, long pants, short pants, shoes,
socks, and other items of work clothing are not considered personal protective equipment for the purposes of this
section and are not subject to the requirements of this section, although
pesticide labeling may require that
such work clothing be worn during
some activities.
(iii) When ‘‘chemical-resistant’’ personal protective equipment is specified
by the product labeling, it shall be
made of material that allows no measurable movement of the pesticide being
used through the material during use.
(iv) When ‘‘waterproof’’ personal protective equipment is specified by the
product labeling, it shall be made of
material that allows no measurable
movement of water or aqueous solutions through the material during use.
(v) When a ‘‘chemical-resistant suit’’
is specified by the product labeling, it
shall be a loose-fitting, one- or twopiece, chemical-resistant garment that
covers, at a minimum, the entire body
except head, hands, and feet.
(vi) When ‘‘coveralls’’ are specified
by the product labeling, they shall be a
loose-fitting, one- or two-piece garment, such as a cotton or cotton and
polyester coverall, that covers, at a
minimum, the entire body except head,
hands, and feet. The pesticide product
labeling may specify that the coveralls
be worn over a layer of clothing. If a
chemical-resistant suit is substituted
for coveralls, it need not be worn over
a layer of clothing.
(vii)(A) Gloves shall be of the type
specified on the pesticide product labeling. Gloves made of leather, cotton,
or other absorbent materials must not
be worn for early-entry activities, unless gloves made of these materials are
listed as acceptable for such use on the
product labeling. If chemical-resistant
gloves with sufficient durability and
suppleness are not obtainable, leather
gloves may be worn on top of chemicalresistant gloves. However, once leather
gloves have been worn for this use,
they shall not be worn thereafter for
any other purpose, and they shall only
be worn over chemical-resistant gloves.
(B) Separable glove liners may be
worn
beneath
chemical-resistant
gloves, unless the pesticide product labeling specifically prohibits their use.
Separable glove liners are defined as
separate glove-like hand coverings
made of lightweight material, with or
without fingers. Work gloves made
from lightweight cotton or poly-type
material are considered to be glove liners if worn beneath chemical-resistant
gloves. Separable glove liners may not
extend outside the chemical-resistant
gloves under which they are worn.
Chemical-resistant gloves with nonseparable absorbent lining materials
are prohibited.
(C) If used, separable glove liners
must be discarded immediately after a
total of no more than 10 hours of use or
within 24 hours of when first put on,
whichever comes first. The liners must
be replaced immediately if directly
contacted by pesticide. Used glove liners shall not be reused. Contaminated
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liners must be disposed of in accordance with any Federal, State, or local
regulations.
(viii) When ‘‘chemical-resistant footwear’’ is specified by the product labeling, it shall be one of the following
types of footwear: chemical-resistant
shoes, chemical-resistant boots, or
chemical-resistant shoe coverings worn
over shoes or boots. If chemical-resistant footwear with sufficient durability
and a tread appropriate for wear in
rough terrain is not obtainable for
workers, then leather boots may be
worn in such terrain.
(ix) When ‘‘protective eyewear’’ is
specified by the product labeling, it
shall be one of the following types of
eyewear: goggles; face shield; safety
glasses with front, brow, and temple
protection; or a full-face respirator.
(x) When ‘‘chemical-resistant headgear’’ is specified by the product labeling, it shall be either a chemical-resistant hood or a chemical-resistant hat
with a wide brim.
(5) The agricultural employer shall
assure that the worker, before entering
the treated area, either has read the
product labeling or has been informed,
in a manner that the worker can understand, of all labeling requirements
related to human hazards or precautions, first aid, symptoms of poisoning, personal protective equipment
specified for early entry, and any other
labeling requirements related to safe
use.
(6) The agricultural employer shall
assure that:
(i) Workers wear the personal protective equipment correctly for its intended purpose and use personal protective equipment according to manufacturer’s instructions.
(ii) Before each day of use, all personal protective equipment is inspected for leaks, holes, tears, or worn
places, and any damaged equipment is
repaired or discarded.
(iii) Personal protective equipment
that cannot be cleaned properly is disposed of in accordance with any applicable Federal, State, and local regulations.
(iv) All personal protective equipment is cleaned according to manufacturer’s instructions or pesticide product labeling instructions before each
day of reuse. In the absence of any such
instructions, it shall be washed thoroughly in detergent and hot water.
(v) Before being stored, all clean personal protective equipment is dried
thoroughly or is put in a well-ventilated place to dry.
(vi) Personal protective equipment
contaminated with pesticides is kept
separately and washed separately from
any other clothing or laundry.
(vii) Any person who cleans or launders personal protective equipment is
informed that such equipment may be
contaminated with pesticides, of the
potentially harmful effects of exposure
to pesticides, and of the correct way(s)
to handle and clean personal protective
equipment and to protect themselves
when handling equipment contaminated with pesticides.
(viii) All clean personal protective
equipment is stored separately from
personal clothing and apart from pesticide-contaminated areas.
(ix) Each worker is instructed how to
put on, use, and remove the personal
protective equipment and is informed
about the importance of washing thoroughly after removing personal protective equipment.
(x) Each worker is instructed in the
prevention, recognition, and first aid
treatment of heat-related illness.
(xi) Workers have a clean place(s)
away from pesticide-storage and pesticide-use areas for storing personal
clothing not in use; putting on personal protective equipment at the start
of any exposure period; and removing
personal protective equipment at the
end of any exposure period.
(7) When personal protective equipment is required by the labeling of any
pesticide for early entry, the agricultural employer shall assure that no
worker is allowed or directed to perform the early-entry activity without
implementing,
when
appropriate,
measures to prevent heat-related illness.
(8) During any early-entry activity,
the agricultural employer shall provide
a decontamination site in accordance
with § 170.150.
(9) The agricultural employer shall
not allow or direct any worker to wear
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home or to take home personal protective equipment contaminated with pesticides.
(d) Exception for an agricultural emergency. (1) An ‘‘agricultural emergency’’
means a sudden occurrence or set of
circumstances which the agricultural
employer could not have anticipated
and over which the agricultural employer has no control, and which requires entry into a treated area during
a restricted-entry interval, when no alternative practices would prevent or
mitigate a substantial economic loss. A
substantial economic loss means a loss
in profitability greater than that
which would be expected based on the
experience and fluctuations of crop
yields in previous years. Only losses
caused by the agricultural emergency
specific to the affected site and geographic area are considered. The contribution of mismanagement cannot be
considered in determining the loss.
(2) A worker may enter a treated
area under a restricted-entry interval
in an agricultural emergency to perform tasks, including hand labor tasks,
necessary to mitigate the effects of the
agricultural emergency, if the agricultural employer assures that all the following criteria are met:
(i) A State, Tribal, or Federal Agency
having jurisdiction declares the existence of circumstances that could cause
an agricultural emergency on that agricultural establishment.
(ii) The agricultural employer determines the agricultural establishment is
subject to the circumstances declared
under paragraph (d)(2)(i) of this section
that result in an agricultural emergency meeting the criteria of paragraph (d)(1) of this section.
(iii) The requirements of paragraphs
(c) (3) through (9) of this section are
met.
(e) Exception requiring Agency approval. The Agency may, in accordance
with paragraphs (e) (1) through (3) of
this section, grant an exception from
the requirements of this section. An
exception may be withdrawn in accordance with paragraph (e)(6) of this section.
(1) Exception requiring agency approval. A request for an exception must
be submitted to the Office of Pesticide
Programs’ Document Processing Desk
at the appropriate address as set forth
in 40 CFR 150.17(a) or (b) and must be
accompanied by two copies of the following information:
(i) The name, address, and telephone
number of the submitter.
(ii) The time period for which the exception is requested.
(iii) A description of the crop(s) and
specific crop production task(s) for
which the exception is requested. Such
a description must include an explanation as to the necessity of applying
pesticides of a type and at a frequency
such that the restricted-entry interval
would interfere with necessary and
time-sensitive hand labor tasks for the
period for which the exception is
sought.
(iv) A description of the geographic
area for which the exception is requested. If the exception request is for
a limited geographic area, the explanation must include a description as to
why the circumstances of exposure or
economic impact resulting from the
prohibition of routine hand labor tasks
during the restricted-entry interval are
unique to the geographic area named in
the exception.
(v) An explanation as to why, for
each requested crop-task combination,
alternative practices would not be
technically or financially viable. Such
alternative practices might include: rescheduling the pesticide application or
hand labor activity; using a non-chemical pest control alternative; using an
alternative to the hand labor tasks,
such as machine cultivation; or substituting a pesticide with a shorter restricted-entry interval. This information should include estimates or data
on per acre revenue and cost of production for the crop and area for which the
exception is requested. These estimates
or data should include: the situation
prior to implementation of this final
rule, the situation after implementation of this final rule if the exception is
not granted, the situation after implementation of this final rule if the exception is granted, and specific information on individual factors which
cause differences in revenues and costs
among the three situations.
(vi) A description or documentation
of the safety and feasibility of such an
exception, including, but not limited
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to, the feasibility of performing the
necessary hand labor activity while
wearing the personal protective equipment required for early entry for the
pesticide(s) expected to be applied, the
means of mitigating heat-related illness concerns, the period of time required daily per worker to perform the
hand labor activity, any suggested
methods of reducing the worker’s exposure, and any other mitigating factors,
such as the availability of running
water for routine and emergency decontamination and mechanical devices
that would reduce the workers’ contact
with the treated surfaces. The information should include the costs associated with early-entry, such as decontamination facilities, special information and training for the workers, heat
stress avoidance procedures, and provision, inspection, cleaning, and maintenance of personal protective equipment. EPA will not grant exceptions
where the costs of early entry equal or
exceed the expected loss in value of
crop yield or quality.
(2) Notice of receipt. (i) When a request
for an exception is submitted to the
Agency along with all of the information required in paragraph (e)(1) of this
section, the Agency shall issue a notice
in the FEDERAL REGISTER stating that
an exception is being considered, describing the nature of the exception,
and allowing at least 30 days for interested parties to comment.
(ii) If a request for an exception is
submitted to the Agency without all of
the information required in paragraph
(e)(1) of this section, the Agency shall
return the request to the submitter.
(3) Exception decision. EPA will publish in the FEDERAL REGISTER its decision whether to grant the request for
exception. EPA will base its decision
on whether the benefits of the exception outweigh the costs, including the
value of the health risks attributable
to the exception. If the exception is
granted, the notice will state the nature of and reasons for the exception.
(4) Presumptive denial. (i) Except as
provided in paragraph (e)(4)(ii) of this
section, persons requesting an exception may assume that the exception
has been denied if EPA has not issued
its decision whether to grant the exception within 9 months from the com-
ment-closure date specified in the FEDERAL REGISTER notice in which the
Agency announced, in accordance with
paragraph (e)(2) of this section, that it
would consider the exception.
(ii) Persons requesting an exception
may not assume that the request has
been denied as provided by paragraph
(e)(4)(i) of this section if the Agency
has taken action to extend its review
period for a specified time interval due
to the complexity of the exception request or to the number of exception requests concurrently under Agency review. EPA shall state the reason(s) for
the delay in issuing a decision on the
exception request. A notice of such an
action may be published in the FEDERAL REGISTER or persons who requested the exception may be directly
notified of the action.
(5) Agricultural employer duties. When
a worker enters a treated area during a
restricted-entry interval under an exception granted under paragraph (e) of
this section, the agricultural employer
shall assure that the requirements of
paragraphs (c) (3) through (9) of this
section are met, unless the notice
granting the exception specifically indicates otherwise.
(6) Withdrawing an exception. An exception may be withdrawn by the
Agency at any time if the Agency receives poisoning information or other
data that indicate that the health risks
imposed by this early-entry exception
are unacceptable or if the Agency receives other information that indicates
that the exception is no longer necessary or prudent. If the Agency determines that an exception should be
withdrawn, it will publish a notice in
the FEDERAL REGISTER, stating the
basis for its determination. Affected
parties would then have 30 days to request a hearing on the Agency’s determination. The exception, however,
would be discontinued as of the date
specified by EPA in the notice, which
may include any of the 30-day period
and the time required for any subsequent hearing process. Thereafter the
Agency will decide whether to withdraw the exception and will publish a
notice in the FEDERAL REGISTER stating its decision.
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§ 170.120
40 CFR Ch. I (7–1–10 Edition)
(7) List of exceptions granted by EPA.
The following administrative exceptions from the requirements of this
section have been granted by EPA.
Each exception listed in paragraph
(e)(7) of this section contains a reference to the FEDERAL REGISTER notice
in which EPA has granted the exception and the effective dates of the exception. The terms and conditions of
the exception appear in the referenced
FEDERAL REGISTER notice.
(i) Exception to perform irrigation
tasks under specified conditions published in the FEDERAL REGISTER of May
3, 1995.
(ii) Exceptions to perform limited
contact tasks under specified conditions published in the FEDERAL REGISTER of May 3, 1995.
[57 FR 38151, Aug. 21, 1992, as amended at 59
FR 30264, June 10, 1994; 60 FR 21954, May 3,
1995; 62 FR 52003, Oct. 3, 1997; 69 FR 53346,
Sept. 1, 2004; 71 FR 35546, June 21, 2006; 73 FR
75598, Dec. 12, 2008]
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§ 170.120
Notice of applications.
(a) Notification to workers of pesticide
applications in greenhouses. The agricultural employer shall notify workers of
any pesticide application in the greenhouse in accordance with this paragraph.
(1) All pesticide applications shall be
posted in accordance with paragraph
(c) of this section.
(2) If the pesticide product labeling
has a statement requiring both the
posting of treated areas and oral notification to workers, the agricultural employer shall also provide oral notification of the application to the worker in
accordance with paragraph (d) of this
section.
(3) Notice need not be given to a
worker if the agricultural employer
can assure that one of the following is
met:
(i) From the start of the application
until the end of the application and
during any restricted-entry interval,
the worker will not enter, work in, remain in, or pass through the greenhouse; or
(ii) The worker applied (or supervised
the application of) the pesticide for
which the notice is intended and is
aware of all information required by
paragraphs (d)(1) through (3) of this
section.
(b) Notification to workers on farms, in
nurseries, or in forests of pesticide applications. The agricultural employer
shall notify workers of any pesticide
application on the farm or in the nursery or forest in accordance with this
paragraph.
(1) If the pesticide product labeling
has a statement requiring both the
posting of treated areas and oral notification to workers, the agricultural employer shall post signs in accordance
with paragraph (c) of this section and
shall provide oral notification of the
application to the worker in accordance with paragraph (d) of this section.
(2) For any pesticide other than those
for which the labeling requires both
posting and oral notification of applications, the agricultural employer
shall give notice of the application to
the worker either by the posting of
warning signs in accordance with paragraph (c) of this section or orally in accordance with paragraph (d) of this section, and shall inform the workers as
to which method of notification is in
effect.
(3) Notice need not be given to a
worker if the agricultural employer
can assure that one of the following is
met:
(i) From the start of the application
until the end of the application and
during any restricted-entry interval,
the worker will not enter, work in, remain in, or pass through on foot the
treated area or any area within 1/4 mile
of the treated area; or
(ii) The worker applied (or supervised
the application of) the pesticide for
which the notice is intended and is
aware of all information required by
(d)(1) through (3) of this section.
(c) Posted warning signs. The agricultural employer shall post warning
signs in accordance with the following
criteria:
(1) The warning sign shall have a
background color that contrasts with
red. The words ‘‘DANGER’’ and
‘‘PELIGRO,’’ plus ‘‘PESTICIDES’’ and
‘‘PESTICIDAS,’’ shall be at the top of
the sign, and the words ‘‘KEEP OUT’’
and ‘‘NO ENTRE’’ shall be at the bottom of the sign. Letters for all words
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§ 170.120
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must be clearly legible. A circle containing an upraised hand on the left
and a stern face on the right must be
near the center of the sign. The inside
of the circle must be red, except that
the hand and a large portion of the face
must be in a shade that contrasts with
red. The length of the hand must be at
least twice the height of the smallest
letters. The length of the face must be
only slightly smaller than the hand.
Additional information such as the
name of the pesticide and the date of
application may appear on the warning
sign if it does not detract from the appearance of the sign or change the
meaning of the required information. A
black-and-white example of a warning
sign meeting these requirements, other
than the size requirements, follows:
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40 CFR Ch. I (7–1–10 Edition)
(2) The standard sign shall be at least
14 inches by 16 inches with letters at
least 1 inch in height. Farms and forests shall use the standard size sign unless a smaller sign is necessary because
the treated area is too small to accommodate a sign of this size. In nurseries
and greenhouses, the agricultural employer may, at any time, use a sign
smaller than the standard size sign.
Whenever a small sign is used on any
establishment, there are specific posting distances depending on the size of
the lettering and symbol on the sign. If
a sign is used with DANGER and
PELIGRO in letters at least 7⁄8 inch in
height and the remaining letters at
least 1⁄2 inch in height and a red circle
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Environmental Protection Agency
§ 170.122
at least 3 inches in diameter containing an upraised hand and a stern
face, the signs shall be no further than
50 feet apart. If a sign is used with
DANGER and PELIGRO in letters at
least 7⁄16 inch in height and the remaining letters at least 1⁄4 inch in height
and a red circle at least 11⁄2 inches in
diameter containing an upraised hand
and a stern face, the signs shall be no
further than 25 feet apart. A sign with
DANGER and PELIGRO in letters less
than 7⁄16 inch in height or with any
words in letters less than 1⁄4 inch in
height or a red circle smaller than 11⁄2
inches in diameter containing an
upraised hand and a stern face will not
satisfy the requirements of the rule.
All signs must meet the requirements
of paragraph (c)(1) of this section.
(3) The employer may replace the
Spanish portion of the warning sign
with a non-English language read by
the largest group of workers who do
not read English. The replacement sign
must be in the same format as the
original sign and be visible and legible.
(4) On farms and in forests and nurseries, the signs shall be visible from all
usual points of worker entry to the
treated area, including at least each
access road, each border with any labor
camp adjacent to the treated area, and
each footpath and other walking route
that enters the treated area. When
there are no usual points of worker
entry, signs shall be posted in the corners of the treated area or in any other
location affording maximum visibility.
(5) In greenhouses, the signs shall be
posted so they are visible from all
usual points of worker entry to the
treated area including each aisle or
other walking route that enters the
treated area. When there are no usual
points of worker entry to the treated
area, signs shall be posted in the corners of the treated area or in any other
location affording maximum visibility.
(6) The signs shall:
(i) Be posted no sooner than 24 hours
before the scheduled application of the
pesticide.
(ii) Remain posted throughout the
application and any restricted-entry
interval.
(iii) Be removed within 3 days after
the end of the application and any restricted-entry interval and before agri-
cultural-worker entry is permitted,
other than entry permitted by § 170.112.
(7) The signs shall remain visible and
legible during the time they are posted.
(8) When several contiguous areas are
to be treated with pesticides on a rotating or sequential basis, the entire
area may be posted. Worker entry,
other than entry permitted by § 170.112,
is prohibited for the entire area while
the signs are posted.
(d) Oral warnings. The agricultural
employer shall provide oral warnings
to workers in a manner that the worker can understand. If a worker will be
on the premises during the application,
the warning shall be given before the
application takes place. Otherwise, the
warning shall be given at the beginning
of the worker’s first work period during which the application is taking
place or the restricted-entry interval
for the pesticide is in effect. The warning shall consist of:
(1) The location and description of
the treated area.
(2) The time during which entry is restricted.
(3) Instructions not to enter the
treated area until the restricted-entry
interval has expired.
[57 FR 38151, Aug. 21, 1992, as amended at 61
FR 33207, June 26, 1996]
§ 170.122 Providing specific information about applications.
When workers are on an agricultural
establishment and, within the last 30
days, a pesticide covered by this subpart has been applied on the establishment or a restricted-entry interval has
been in effect, the agricultural employer shall display, in accordance
with this section, specific information
about the pesticide.
(a) Location, accessibility, and legibility. The information shall be displayed in the location specified for the
pesticide safety poster in § 170.135(d)
and shall be accessible and legible, as
specified in § 170.135 (e) and (f).
(b) Timing. (1) If warning signs are
posted for the treated area before an
application, the specific application information for that application shall be
posted at the same time or earlier.
(2) The information shall be posted
before the application takes place, if
workers will be on the establishment
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§ 170.124
40 CFR Ch. I (7–1–10 Edition)
during application. Otherwise, the information shall be posted at the beginning of any worker’s first work period.
(3) The information shall continue to
be displayed for at least 30 days after
the end of the restricted-entry interval
(or, if there is no restricted-entry interval, for at least 30 days after the end
of the application) or at least until
workers are no longer on the establishment, whichever is earlier.
(c) Required information. The information shall include:
(1) The location and description of
the treated area.
(2) The product name, EPA registration number, and active ingredient(s)
of the pesticide.
(3) The time and date the pesticide is
to be applied.
(4) The restricted-entry interval for
the pesticide.
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§ 170.124 Notice of applications to handler employers.
Whenever handlers who are employed
by a commercial pesticide handling establishment will be performing pesticide handling tasks on an agricultural establishment, the agricultural
employer shall provide to the handler
employer, or assure that the handler
employer is aware of, the following information concerning any areas on the
agricultural establishment that the
handler may be in (or may walk within
1/4 mile of) and that may be treated
with a pesticide or that may be under
a restricted-entry interval while the
handler will be on the agricultural establishment:
(a) Specific location and description
of any such areas; and
(b) Restrictions on entering those
areas.
§ 170.130 Pesticide safety training for
workers.
(a) General requirement—(1) Agricultural employer assurance. The agricultural employer shall assure that each
worker, required by this section to be
trained, has been trained according to
this section during the last 5 years,
counting from the end of the month in
which the training was completed.
(2) Requirement for workers performing
early-entry activities. Before a worker
enters a treated area on the agricul-
tural establishment during a restricted-entry interval to perform
early-entry activities permitted by
§ 170.112 and contacts anything that has
been treated with the pesticide to
which the restricted-entry interval applies, including but not limited to, soil,
water, or surfaces of plants, the agricultural employer shall assure that the
worker has been trained.
(3) Requirements for other agricultural
workers—(i) Information before entry.
Except as provided in paragraph (a)(2)
of this section, before a worker enters
any areas on the agricultural establishment where, within the last 30 days a
pesticide to which this subpart applies
has been applied or the restricted-entry
interval for such pesticide has been in
effect, the agricultural employer shall
assure that the worker has been provided the pesticide safety information
specified in paragraph (c) of this section, in a manner that agricultural
workers can understand, such as by
providing written materials or oral
communication or by other means. The
agricultural employer must be able to
verify compliance with this requirement.
(ii) Training before the 6th day of
entry. Except as provided in paragraph
(a)(2) of this section, before the 6th day
that a worker enters any areas on the
agricultural
establishment
where,
within the last 30 days a pesticide to
which this subpart applies has been applied or a restricted-entry interval for
such pesticide has been in effect, the
agricultural employer shall assure that
the worker has been trained.
(b) Exceptions. The following persons
need not be trained under this section:
(1) A worker who is currently certified as an applicator of restricted-use
pesticides under part 171 of this chapter.
(2) A worker who satisfies the training requirements of part 171 of this
chapter.
(3) A worker who satisfies the handler
training
requirements
of
§ 170.230(c).
(4) A worker who is certified or licensed as a crop advisor by a program
acknowledged as appropriate in writing
by EPA or a State or Tribal lead agency for pesticide enforcement, provided
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that a requirement for such certification or licensing is pesticide safety
training that includes all the information set out in § 170.230(c)(4).
(c) Pesticide safety information. The
pesticide safety information required
by paragraph (a)(3)(i) shall be presented to workers in a manner that the
workers can understand. At a minimum, the following information shall
be provided:
(1) Pesticides may be on or in plants,
soil, irrigation water, or drifting from
nearby applications.
(2) Prevent pesticides from entering
your body by:
(i) Following directions and/or signs
about keeping out of treated or restricted areas.
(ii) Washing before eating, drinking,
using chewing gum or tobacco, or using
the toilet.
(iii) Wearing work clothing that protects the body from pesticide residues.
(iv) Washing/showering with soap and
water, shampoo hair, and put on clean
clothes after work.
(v) Washing work clothes separately
from other clothes before wearing them
again.
(vi) Washing immediately in the
nearest clean water if pesticides are
spilled or sprayed on the body. As soon
as possible, shower, shampoo, and
change into clean clothes.
(3) Further training will be provided
within 5 days.
(d) Training programs. (1) General pesticide safety information shall be presented to workers either orally from
written materials or audiovisually. The
information must be presented in a
manner that the workers can understand (such as through a translator)
using nontechnical terms. The presenter also shall respond to workers’
questions.
(2) The person who conducts the
training shall meet at least one of the
following criteria:
(i) Be currently certified as an applicator of restricted-use pesticides under
part 171 of this chapter; or
(ii) Be currently designated as a
trainer of certified applicators or pesticide handlers by a State, Federal, or
Tribal agency having jurisdiction; or
(iii) Have completed a pesticide safety train-the-trainer program approved
by a State, Federal, or Tribal agency
having jurisdiction; or
(iv) Satisfy the training requirements in part 171 of this chapter or in
§ 170.230(c).
(3) Any person who issues an EPA-approved Worker Protection Standard
worker training certificate must assure
that the worker who receives the training certificate has been trained in accordance with paragraph (d)(4) of this
section.
(4) The training materials shall convey, at a minimum, the following information:
(i) Where and in what form pesticides
may be encountered during work activities.
(ii) Hazards of pesticides resulting
from toxicity and exposure, including
acute and chronic effects, delayed effects, and sensitization.
(iii) Routes through which pesticides
can enter the body.
(iv) Signs and symptoms of common
types of pesticide poisoning.
(v) Emergency first aid for pesticide
injuries or poisonings.
(vi) How to obtain emergency medical care.
(vii) Routine and emergency decontamination
procedures,
including
emergency eyeflushing techniques.
(viii) Hazards from chemigation and
drift.
(ix) Hazards from pesticide residues
on clothing.
(x) Warnings about taking pesticides
or pesticide containers home.
(xi) Requirements of this subpart designed to reduce the risks of illness or
injury resulting from workers’ occupational exposure to pesticides, including
application and entry restrictions, the
design of the warning sign, posting of
warning signs, oral warnings, the availability of specific information about
applications,
and
the
protection
against retaliatory acts.
(e) Verification of training. (1) Except
as provided in paragraph (e)(2) of this
section, if the agricultural employer
assures that a worker possesses an
EPA-approved
Worker
Protection
Standard worker training certificate,
then the requirements of paragraph (a)
and (c) of this section will have been
met.
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§ 170.135
40 CFR Ch. I (7–1–10 Edition)
(2) If the agricultural employer is
aware or has reason to know that an
EPA-approved
Worker
Protection
Standard worker training certificate
has not been issued in accordance with
this section, or has not been issued to
the worker bearing the certificate, or
the training was completed more than
5 years before the beginning of the current month, a worker’s possession of
that certificate does not meet the requirements of paragraph (a) of this section.
erowe on DSK5CLS3C1PROD with CFR
[57 FR 38151, Aug. 21, 1992, as amended at 60
FR 21947, 21952, May 3, 1995; 73 FR 75598, Dec.
12, 2008]
§ 170.135 Posted pesticide safety information.
(a) Requirement. When workers are on
an agricultural establishment and,
within the last 30 days, a pesticide covered by this subpart has been applied
on the establishment or a restrictedentry interval has been in effect, the
agricultural employer shall display, in
accordance with this section, pesticide
safety information.
(b) Pesticide safety poster. A safety
poster must be displayed that conveys,
at a minimum, the following basic pesticide safety concepts:
(1) Help keep pesticides from entering your body. At a minimum, the following points shall be conveyed:
(i) Avoid getting on your skin or into
your body any pesticides that may be
on plants and soil, in irrigation water,
or drifting from nearby applications.
(ii) Wash before eating, drinking,
using chewing gum or tobacco, or using
the toilet.
(iii) Wear work clothing that protects the body from pesticide residues
(long-sleeved shirts, long pants, shoes
and socks, and a hat or scarf).
(iv) Wash/shower with soap and
water, shampoo hair, and put on clean
clothes after work.
(v) Wash work clothes separately
from other clothes before wearing them
again.
(vi) Wash immediately in the nearest
clean water if pesticides are spilled or
sprayed on the body. As soon as possible, shower, shampoo, and change
into clean clothes.
(vii) Follow directions about keeping
out of treated or restricted areas.
(2) There are Federal rules to protect
workers and handlers, including a requirement for safety training.
(c) Emergency medical care information.
(1) The name, address, and telephone
number of the nearest emergency medical care facility shall be on the safety
poster or displayed close to the safety
poster.
(2) The agricultural employer shall
inform workers promptly of any
change to the information on emergency medical care facilities.
(d) Location. (1) The information shall
be displayed in a central location on
the farm or in the nursery or greenhouse where it can be readily seen and
read by workers.
(2) The information shall be displayed in a location in or near the forest in a place where it can be readily
seen and read by workers and where
workers are likely to congregate or
pass by, such as at a decontamination
site or an equipment storage site.
(e) Accessibility. Workers shall be informed of the location of the information and shall be allowed access to it.
(f) Legibility. The information shall
remain legible during the time it is
posted.
§ 170.150
Decontamination.
(a)(1) Requirement. The agricultural
employer must provide decontamination supplies for workers in accordance
with this section whenever:
(i) Any worker on the agricultural establishment is performing an activity
in the area where a pesticide was applied or a restricted-entry interval
(REI) was in effect within the last 30
days, and;
(ii) The worker contacts anything
that has been treated with the pesticide, including, but not limited to
soil, water, plants, plant surfaces, and
plant parts.
(2) Exception. The 30–day time period
established in paragraph (a)(1)(i) of this
section shall not apply if the only pesticides used in the treated area are
products with an REI of 4 hours or less
on the label (but not a product without
an REI on the label). When workers are
in such treated areas, the agricultural
employer shall provide decontamination supplies for not less than 7 days
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erowe on DSK5CLS3C1PROD with CFR
Environmental Protection Agency
§ 170.160
following the expiration of any applicable REI.
(b) General conditions. (1) The agricultural employer shall provide workers
with enough water for routine washing
and emergency eyeflushing. At all
times when the water is available to
workers, the employer shall assure
that it is of a quality and temperature
that will not cause illness or injury
when it contacts the skin or eyes or if
it is swallowed.
(2) When water stored in a tank is to
be used for mixing pesticides, it shall
not be used for decontamination or
eyeflushing,
unless
the
tank
is
equipped with properly functioning
valves or other mechanisms that prevent movement of pesticides into the
tank.
(3) The agricultural employer shall
provide soap and single-use towels in
quantities sufficient to meet worker’s
needs.
(4)
To
provide
for
emergency
eyeflushing, the agricultural employer
shall assure that at least 1 pint of
water is immediately available to each
worker who is performing early-entry
activities permitted by § 170.112 and for
which the pesticide labeling requires
protective eyewear. The eyeflush water
shall be carried by the early-entry
worker, or shall be on the vehicle the
early-entry worker is using, or shall be
otherwise immediately accessible.
(c) Location. (1) The decontamination
supplies shall be located together and
be reasonably accessible to and not
more than 1/4 mile from where workers
are working.
(2) For worker activities performed
more than 1/4 mile from the nearest
place of vehicular access:
(i) The soap, single-use towels, and
water may be at the nearest place of
vehicular access.
(ii) The agricultural employer may
permit workers to use clean water from
springs, streams, lakes, or other
sources for decontamination at the remote work site, if such water is more
accessible than the water located at
the nearest place of vehicular access.
(3) The decontamination supplies
shall not be maintained in an area
being treated with pesticides.
(4) The decontamination supplies
shall not be maintained in an area that
is under a restricted-entry interval, unless the workers for whom the supplies
are provided are performing earlyentry activities permitted by § 170.112
and involving contact with treated surfaces and the decontamination supplies
would otherwise not be reasonably accessible to those workers.
(d) Decontamination after early-entry
activities. At the end of any exposure
period for workers engaged in earlyentry activities permitted by § 170.112
and involving contact with anything
that has been treated with the pesticide to which the restricted-entry interval applies, including, but not limited to, soil, water, air, or surfaces of
plants, the agricultural employer shall
provide, at the site where the workers
remove personal protective equipment,
soap, clean towels, and a sufficient
amount of water so that the workers
may wash thoroughly.
[57 FR 38151, Aug. 21, 1992, as amended at 61
FR 33212, June 26, 1996]
§ 170.160
Emergency assistance.
If there is reason to believe that a
person who is or has been employed on
an agricultural establishment to perform tasks related to the production of
agricultural plants has been poisoned
or injured by exposure to pesticides
used on the agricultural establishment,
including, but not limited to, exposures
from application, splash, spill, drift, or
pesticide residues, the agricultural employer shall:
(a) Make available to that person
prompt transportation from the agricultural establishment, including any
labor camp on the agricultural establishment, to an appropriate emergency
medical facility.
(b) Provide to that person or to treating medical personnel, promptly upon
request, any obtainable information
on:
(1) Product name, EPA registration
number, and active ingredients of any
product to which that person might
have been exposed.
(2) Antidote, first aid, and other medical information from the product labeling.
(3) The circumstances of application
or use of the pesticide on the agricultural establishment.
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§ 170.202
40 CFR Ch. I (7–1–10 Edition)
(4) The circumstances of exposure of
that person to the pesticide.
Subpart C—Standard for Pesticide
Handlers
§ 170.202 Applicability of this subpart.
Except as provided by §§ 170.203 and
170.204, this subpart applies when any
pesticide is handled for use on an agricultural establishment.
[60 FR 21952, May 3, 1995]
§ 170.203 Exceptions.
Exceptions. This subpart does not
apply when any pesticide is handled for
use on an agricultural establishment in
the following circumstances:
(a) For mosquito abatement, Mediterranean fruit fly eradication, or similar wide-area public pest control programs sponsored by governmental entities.
(b) On livestock or other animals, or
in or about animal premises.
(c) On plants grown for other than
commercial or research purposes,
which may include plants in habitations, home fruit and vegetable gardens, and home greenhouses.
(d) On plants that are in ornamental
gardens, parks, and public or private
lawns and grounds and that are intended only for aesthetic purposes or
climatic modification.
(e) In a manner not directly related
to the production of agricultural
plants, including, but not limited to,
structural pest control, control of
vegetation along rights-of-way and in
other noncrop areas, and pasture and
rangeland use.
(f) For control of vertebrate pests.
(g) As attractants or repellents in
traps.
(h) On the harvested portions of agricultural plants or on harvested timber.
(i) For research uses of unregistered
pesticides.
erowe on DSK5CLS3C1PROD with CFR
[57 FR 38151, Aug. 21, 1992. Redesignated at 60
FR 21952, May 3, 1995]
§ 170.204 Exemptions.
The handlers listed in this section
are exempt from the specified provisions of this subpart.
(a) Owners of agricultural establishments. (1) The owner of an agricultural
establishment is not required to provide to himself or members of his immediate family who are performing
handling tasks on their own agricultural establishment the protections of:
(i) Section 170.210(b) and (c).
(ii) Section 170.222.
(iii) Section 170.230.
(iv) Section 170.232.
(v) Section 170.234.
(vi) Section 170.235.
(vii) Section 170.240(e) through (g).
(viii) Section 170.250.
(ix) Section 170.260.
(2) The owner of the agricultural establishment must provide the protections listed in paragraphs (a)(1) (i)
through (ix) of this section to other
handlers and other persons who are not
members of his immediate family.
(b) Crop advisors. (1) Provided that
the conditions of paragraph (b)(2) of
this section are met, a person who is
certified or licensed as a crop advisor
by a program acknowledged as appropriate in writing by EPA or a State or
Tribal lead agency for pesticide enforcement, and persons performing
crop advising tasks under such qualified crop advisor’s direct supervision,
are exempt from the provisions of:
(i) Section 170.232.
(ii) Section 170.240.
(iii) Section 170.250.
(iv) Section 170.260.
A person is under the direct supervision of a crop advisor when the crop
advisor exerts the supervisory controls
set out in paragraphs (b)(2)(iv) and (v)
of this section. Direct supervision does
not require that the crop advisor be
physically present at all times, but the
crop advisor must be readily accessible
to the employees at all times.
(2) Conditions of exemption. (i) The
certification or licensing program requires pesticide safety training that includes, at least, all the information in
§ 170.230(c)(4).
(ii) No entry into the treated area occurs until after application ends.
(iii) Applies only when performing
crop advising tasks in the treated area.
(iv) The crop advisor must make specific determinations regarding the appropriate PPE, appropriate decontamination supplies, and how to conduct the tasks safely. The crop advisor
must convey this information to each
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Environmental Protection Agency
§ 170.224
person under his direct supervision in a
language that the person understands.
(v) Before entering a treated area,
the certified or licensed crop advisor
must inform, through an established
practice of communication, each person under his direct supervision of the
pesticide products and active ingredient(s) applied, method of application,
time of application, the restricted
entry interval, which tasks to undertake, and how to contact the crop advisor.
[60 FR 21953, May 3, 1995, as amended at 73
FR 75599, Dec. 12, 2008]
erowe on DSK5CLS3C1PROD with CFR
§ 170.210 Restrictions during applications.
(a) Contact with workers and other persons. The handler employer and the
handler shall assure that no pesticide
is applied so as to contact, either directly or through drift, any worker or
other person, other than an appropriately trained and equipped handler.
(b) Handlers handling highly toxic pesticides. The handler employer shall assure that any handler who is performing any handling activity with a
product that has the skull and crossbones symbol on the front panel of the
label is monitored visually or by voice
communication at least every 2 hours.
(c) Fumigant applications in greenhouses. The handler employer shall assure:
(1) That any handler who handles a
fumigant in a greenhouse, including a
handler who enters the greenhouse before the acceptable inhalation exposure
level or ventilation criteria have been
met to monitor air levels or to initiate
ventilation, maintains continuous visual or voice contact with another handler.
(2) That the other handler has immediate access to the personal protective
equipment required by the fumigant labeling for handlers in the event entry
into the fumigated greenhouse becomes
necessary for rescue.
§ 170.222 Providing specific information about applications.
When handlers (except those employed by a commercial pesticide handling establishment) are on an agricultural establishment and, within the
last 30 days, a pesticide covered by this
subpart has been applied on the establishment or a restricted-entry interval
has been in effect, the handler employer shall display, in accordance
with this section, specific information
about the pesticide.
(a) Location, accessibility, and legibility. The information shall be displayed in the same location specified
for the pesticide safety poster in
§ 170.235(d) of this part and shall be accessible and legible, as specified in
§ 170.235(e) and (f) of this part.
(b) Timing. (1) If warning signs are
posted for the treated area before an
application, the specific application information for that application shall be
posted at the same time or earlier.
(2) The information shall be posted
before the application takes place, if
handlers (except those employed by a
commercial pesticide handling establishment) will be on the establishment
during application. Otherwise, the information shall be posted at the beginning of any such handler’s first work
period.
(3) The information shall continue to
be displayed for at least 30 days after
the end of the restricted-entry interval
(or, if there is no restricted-entry interval, for at least 30 days after the end
of the application) or at least until the
handlers are no longer on the establishment, whichever is earlier.
(c) Required information. The information shall include:
(1) The location and description of
the treated area.
(2) The product name, EPA registration number, and active ingredient(s)
of the pesticide.
(3) The time and date the pesticide is
to be applied.
(4) The restricted-entry interval for
the pesticide.
§ 170.224 Notice of applications to agricultural employers.
Before the application of any pesticide on or in an agricultural establishment, the handler employer shall
provide the following information to
any agricultural employer for the establishment or shall assure that any
agricultural employer is aware of:
(a) Specific location and description
of the treated area.
(b) Time and date of application.
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§ 170.230
40 CFR Ch. I (7–1–10 Edition)
(c) Product name, EPA registration
number, and active ingredient(s).
(d) Restricted-entry interval.
(e) Whether posting and oral notification are required.
(f) Any other product-specific requirements on the product labeling
concerning protection of workers or
other persons during or after application.
erowe on DSK5CLS3C1PROD with CFR
§ 170.230 Pesticide safety training for
handlers.
(a) Requirement. Before any handler
performs any handling task, the handler employer shall assure that the
handler has been trained in accordance
with this section during the last 5
years, counting from the end of the
month in which the training was completed.
(b) Exceptions. The following persons
need not be trained under this section:
(1) A handler who is currently certified as an applicator of restricted-use
pesticides under part 171 of this chapter.
(2) A handler who satisfies the training requirements of part 171 of this
chapter.
(3) A handler who is certified or licensed as a crop advisor by a program
acknowledged as appropriate in writing
by EPA or a State or Tribal lead agency for pesticide enforcement, provided
that a requirement for such certification or licensing is pesticide safety
training that includes all the information set out in § 170.230(c)(4).
(c) Training programs. (1) General pesticide safety information shall be presented to handlers either orally from
written materials or audiovisually. The
information must be presented in a
manner that the handlers can understand (such as through a translator).
The presenter also shall respond to
handlers’ questions.
(2) The person who conducts the
training shall meet at least one of the
following criteria:
(i) Be currently certified as an applicator of restricted-use pesticides under
part 171 of this chapter; or
(ii) Be currently designated as a
trainer of certified applicators or pesticide handlers by a State, Federal, or
Tribal agency having jurisdiction; or
(iii) Have completed a pesticide safety train-the-trainer program approved
by a State, Federal, or Tribal agency
having jurisdiction.
(3) Any person who issues an EPA-approved Worker Protection Standard
handler training certificate must assure that the handler who receives the
training certificate has been trained in
accordance with paragraph (c)(4) of this
section.
(4) The pesticide safety training materials must convey, at a minimum,
the following information:
(i) Format and meaning of information contained on pesticide labels and
in labeling, including safety information such as precautionary statements
about human health hazards.
(ii) Hazards of pesticides resulting
from toxicity and exposure, including
acute and chronic effects, delayed effects, and sensitization.
(iii) Routes by which pesticides can
enter the body.
(iv) Signs and symptoms of common
types of pesticide poisoning.
(v) Emergency first aid for pesticide
injuries or poisonings.
(vi) How to obtain emergency medical care.
(vii) Routine and emergency decontamination procedures.
(viii) Need for and appropriate use of
personal protective equipment.
(ix) Prevention, recognition, and first
aid treatment of heat-related illness.
(x) Safety requirements for handling,
transporting, storing, and disposing of
pesticides, including general procedures for spill cleanup.
(xi) Environmental concerns such as
drift, runoff, and wildlife hazards.
(xii) Warnings about taking pesticides or pesticide containers home.
(xiii) Requirements of this subpart
that must be followed by handler employers for the protection of handlers
and other persons, including the prohibition against applying pesticides in a
manner that will cause contact with
workers or other persons, the requirement to use personal protective equipment, the provisions for training and
decontamination, and the protection
against retaliatory acts.
(d) Verification of training. (1) Except
as provided in paragraph (d)(2) of this
section, if the handler employer
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Environmental Protection Agency
§ 170.235
assures that a handler possesses an
EPA-approved
Worker
Protection
Standard handler training certificate,
then the requirements of paragraph (a)
of this section will have been met.
(2) If the handler employer is aware
or has reason to know that an EPA-approved Worker Protection Standard
handler training certificate has not
been issued in accordance with this
section, or has not been issued to the
handler bearing the certificate, or the
handler training was completed more
than 5 years before the beginning of
the current month, a handler’s possession of that certificate does not meet
the requirements of paragraph (a) of
this section.
[57 FR 38151, Aug. 21, 1992, as amended at 60
FR 21953, May 3, 1995]
erowe on DSK5CLS3C1PROD with CFR
§ 170.232 Knowledge of labeling and
site-specific information.
(a) Knowledge of labeling information.
(1) The handler employer shall assure
that before the handler performs any
handling activity, the handler either
has read the product labeling or has
been informed in a manner the handler
can understand of all labeling requirements related to safe use of the pesticide, such as signal words, human
hazard precautions, personal protective
equipment requirements, first aid instructions, environmental precautions,
and any additional precautions pertaining to the handling activity to be
performed.
(2) The handler employer shall assure
that the handler has access to the
product labeling information during
handling activities.
(b) Knowledge of site-specific information. Whenever a handler who is employed by a commercial pesticide handling establishment will be performing
pesticide handling tasks on an agricultural establishment, the handler employer shall assure that the handler is
aware of the following information
concerning any areas on the agricultural establishment that the handler
may be in (or may walk within 1/4 mile
of) and that may be treated with a pesticide or that may be under a restricted-entry interval while the handler will be on the agricultural establishment:
(1) Specific location and description
of any such areas; and
(2) Restrictions on entering those
areas.
§ 170.234
Safe operation of equipment.
(a) The handler employer shall assure
that before the handler uses any equipment for mixing, loading, transferring,
or applying pesticides, the handler is
instructed in the safe operation of such
equipment, including, when relevant,
chemigation safety requirements and
drift avoidance.
(b) The handler employer shall assure
that, before each day of use, equipment
used for mixing, loading, transferring,
or applying pesticides is inspected for
leaks, clogging, and worn or damaged
parts, and any damaged equipment is
repaired or is replaced.
(c) Before allowing any person to repair, clean, or adjust equipment that
has been used to mix, load, transfer, or
apply pesticides, the handler employer
shall assure that pesticide residues
have been removed from the equipment, unless the person doing the
cleaning, repairing, or adjusting is a
handler employed by the agricultural
or commercial pesticide handling establishment. If pesticide residue removal is not feasible, the handler employer shall assure that the person who
repairs, cleans, or adjusts such equipment is informed:
(1) That such equipment may be contaminated with pesticides.
(2) Of the potentially harmful effects
of exposure to pesticides.
(3) Of the correct way to handle such
equipment.
§ 170.235 Posted pesticide safety information.
(a) Requirement. When handlers (except those employed by a commercial
pesticide handling establishment) are
on an agricultural establishment and,
within the last 30 days, a pesticide covered by this subpart has been applied
on the establishment or a restrictedentry interval has been in effect, the
handler employer shall display, in accordance with this section, pesticide
safety information.
(b) Pesticide safety poster. A safety
poster must be displayed that conveys,
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§ 170.240
40 CFR Ch. I (7–1–10 Edition)
at a minimum, the following basic pesticide safety concepts:
(1) Help keep pesticides from entering your body. At a minimum, the following points shall be conveyed:
(i) Avoid getting on your skin or into
your body any pesticides that may be
on plants and soil, in irrigation water,
or drifting from nearby applications.
(ii) Wash before eating, drinking,
using chewing gum or tobacco, or using
the toilet.
(iii) Wear work clothing that protects the body from pesticide residues
(long-sleeved shirts, long pants, shoes
and socks, and a hat or scarf).
(iv) Wash/shower with soap and
water, shampoo hair, and put on clean
clothes after work.
(v) Wash work clothes separately
from other clothes before wearing them
again.
(vi) Wash immediately in the nearest
clean water if pesticides are spilled or
sprayed on the body. As soon as possible, shower, shampoo, and change
into clean clothes.
(vii) Follow directions about keeping
out of treated or restricted areas.
(2) There are Federal rules to protect
workers and handlers including a requirement for safety training.
(c) Emergency medical care information.
(1) The name, address, and telephone
number of the nearest emergency medical care facility shall be on the safety
poster or displayed close to the safety
poster.
(2) The handler employer shall inform handlers promptly of any change
to the information on emergency medical care facilities.
(d) Location. (1) The information shall
be displayed in a central location on
the farm or in the nursery or greenhouse where it can be readily seen and
read by handlers.
(2) The information shall be displayed in a location in or near the forest in a place where it can be readily
seen and read by handlers and where
handlers are likely to congregate or
pass by, such as at a decontamination
site or an equipment storage site.
(e) Accessibility. Handlers shall be informed of the location of the information and shall be allowed access to it.
(f) Legibility. The information shall
remain legible during the time it is
posted.
§ 170.240 Personal protective equipment.
(a) Requirement. Any person who performs tasks as a pesticide handler shall
use the clothing and personal protective equipment specified on the labeling for use of the product.
(b) Definition. (1) Personal protective
equipment (PPE) means devices and
apparel that are worn to protect the
body from contact with pesticides or
pesticide residues, including, but not
limited to, coveralls, chemical-resistant suits, chemical-resistant gloves,
chemical-resistant
footwear,
respiratory protection devices, chemicalresistant aprons, chemical-resistant
headgear, and protective eyewear.
(2) Long-sleeved shirts, short-sleeved
shirts, long pants, short pants, shoes,
socks, and other items of work clothing are not considered personal protective equipment for the purposes of this
section and are not subject to the requirements of this section, although
pesticide labeling may require that
such work clothing be worn during
some activities.
(c) Provision. When personal protective equipment is specified by the labeling of any pesticide for any handling
activity, the handler employer shall
provide the appropriate personal protective equipment in clean and operating condition to the handler.
(1) When ‘‘chemical-resistant’’ personal protective equipment is specified
by the product labeling, it shall be
made of material that allows no measurable movement of the pesticide being
used through the material during use.
(2) When ‘‘waterproof’’ personal protective equipment is specified by the
product labeling, it shall be made of
material that allows no measurable
movement of water or aqueous solutions through the material during use.
(3) When a ‘‘chemical-resistant suit’’
is specified by the product labeling, it
shall be a loose-fitting, one- or twopiece chemical-resistant garment that
covers, at a minimum, the entire body
except head, hands, and feet.
(4) When ‘‘coveralls’’ are specified by
the product labeling, they shall be a
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Environmental Protection Agency
§ 170.240
loose-fitting, one- or two-piece garment, such as a cotton or cotton and
polyester coverall, that covers, at a
minimum, the entire body except head,
hands, and feet. The pesticide product
labeling may specify that the coveralls
be worn over another layer of clothing.
(5)(i) Gloves shall be of the type specified on the pesticide product labeling.
Gloves made of leather, cotton, or
other absorbent materials may not be
worn while mixing, loading, applying,
or otherwise handling pesticides, unless gloves made of these materials are
listed as acceptable for such use on the
product labeling.
(ii) Separable glove liners may be
worn
beneath
chemical-resistant
gloves, unless the pesticide product labeling specifically prohibits their use.
Separable glove liners are defined as
separate glove-like hand coverings,
made of lightweight material, with or
without fingers. Work gloves made
from lightweight cotton or poly-type
material are considered to be glove liners if worn beneath chemical-resistant
gloves. Separable glove liners may not
extend outside the chemical-resistant
gloves under which they are worn.
Chemical-resistant gloves with nonseparable absorbent lining materials
are prohibited.
(iii) If used, separable glove liners
must be discarded immediately after a
total of no more than 10 hours of use or
within 24 hours of when first put on,
whichever comes first. The liners must
be replaced immediately if directly
contacted by pesticide. Used glove liners shall not be reused. Contaminated
liners must be disposed of in accordance with any Federal, State, or local
regulations.
(6) When ‘‘chemical-resistant footwear’’ is specified by the product labeling, one of the following types of footwear must be worn:
(i) Chemical-resistant shoes.
(ii) Chemical-resistant boots.
(iii) Chemical-resistant shoe coverings worn over shoes or boots.
(7) When ‘‘protective eyewear’’ is
specified by the product labeling, one
of the following types of eyewear must
be worn:
(i) Goggles.
(ii) Face shield.
(iii) Safety glasses with front, brow,
and temple protection.
(iv) Full-face respirator.
(8)
When
a
‘‘chemical-resistant
apron’’ is specified by the product labeling, an apron that covers the front
of the body from mid-chest to the
knees shall be worn.
(9) When a respirator is specified by
the product labeling, it shall be appropriate for the pesticide product used
and for the activity to be performed.
The handler employer shall assure that
the respirator fits correctly.
(10) When ‘‘chemical-resistant headgear’’ is specified by the product labeling, it shall be either a chemical resistant hood or a chemical-resistant hat
with a wide brim.
(d) Exceptions to personal protective
equipment specified on product labeling—
(1) Body protection. (i) A chemical-resistant suit may be substituted for
‘‘coveralls,’’ and any requirement for
an additional layer of clothing beneath
is waived.
(ii) A chemical-resistant suit may be
substituted for ‘‘coveralls’’ and a chemical-resistant apron.
(2) Boots. If chemical-resistant footwear with sufficient durability and a
tread appropriate for wear in rough
terrain is not obtainable, then leather
boots may be worn in such terrain.
(3) Gloves. If chemical-resistant
gloves with sufficient durability and
suppleness are not obtainable, then
during handling activities with roses or
other plants with sharp thorns, leather
gloves may be worn over chemical-resistant glove liners. However, once
leather gloves are worn for this use,
thereafter they shall be worn only with
chemical-resistant liners and they
shall not be worn for any other use.
(4) Closed systems. If handling tasks
are performed using properly functioning systems that enclose the pesticide to prevent it from contacting
handlers or other persons, and if such
systems are used and are maintained in
accordance with that manufacturer’s
written operating instructions, exceptions to labeling-specified personal protective equipment for the handling activity are permitted as provided in
paragraphs (d)(4)(i) and (ii) of this section.
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40 CFR Ch. I (7–1–10 Edition)
(i) Persons using a closed system to
mix or load pesticides with a signal
word of DANGER or WARNING may
substitute a long-sleeved shirt, long
pants, shoes, socks, chemical-resistant
apron, and any protective gloves specified on the labeling for handlers for the
labeling-specified personal protective
equipment.
(ii) Persons using a closed system to
mix or load pesticides other than those
in paragraph (d)(4)(i) of this section or
to perform other handling tasks may
substitute a long-sleeved shirt, long
pants, shoes, and socks for the labeling-specified personal protective equipment.
(iii) Persons using a closed system
that operates under pressure shall wear
protective eyewear.
(iv) Persons using a closed system
shall have all labeling-specified personal protective equipment immediately available for use in an emergency.
(5) Enclosed cabs. If handling tasks
are performed from inside a cab that
has a nonporous barrier which totally
surrounds the occupants of the cab and
prevents contact with pesticides outside of the cab, exceptions to personal
protective equipment specified on the
product labeling for that handling activity are permitted as provided in
paragraphs (d)(5) (i) through (iv) of this
section.
(i) Persons occupying an enclosed cab
may substitute a long-sleeved shirt,
long pants, shoes, and socks for the labeling-specified personal protective
equipment. If a respiratory protection
device is specified on the pesticide
product labeling for the handling activity, it must be worn.
(ii) Persons occupying an enclosed
cab that has a properly functioning
ventilation system which is used and
maintained in accordance with the
manufacturer’s written operating instructions and which is declared in
writing by the manufacturer or by a
governmental agency to provide respiratory protection equivalent to or
greater than a dust/mist filtering respirator may substitute a long-sleeved
shirt, long pants, shoes, and socks for
the labeling-specified personal protective equipment. If a respiratory protection device other than a dust/mist-fil-
tering respirator is specified on the
pesticide product labeling, it must be
worn.
(iii) Persons occupying an enclosed
cab that has a properly functioning
ventilation system which is used and
maintained in accordance with the
manufacturer’s written operating instructions and which is declared in
writing by the manufacturer or by a
governmental agency to provide respiratory protection equivalent to or
greater than the vapor- or gas-removing respirator specified on pesticide
product labeling may substitute a longsleeved shirt, long pants, shoes, and
socks for the labeling-specified personal protective equipment. If an airsupplying respirator or a self-contained
breathing apparatus (SCBA) is specified on the pesticide product labeling,
it must be worn.
(iv) Persons occupying an enclosed
cab shall have all labeling-specified
personal protective equipment immediately available and stored in a chemical-resistant container, such as a plastic bag. They shall wear such personal
protective equipment if it is necessary
to exit the cab and contact pesticidetreated surfaces in the treated area.
Once personal protective equipment is
worn in the treated area, it must be removed before reentering the cab.
(6) Aerial application—(i) Use of gloves.
The wearing of chemical-resistant
gloves when entering or leaving an aircraft used to apply pesticides is optional, unless such gloves are required
on the pesticide product labeling. If
gloves are brought into the cockpit of
an aircraft that has been used to apply
pesticides, the gloves shall be kept in
an enclosed container to prevent contamination of the inside of the cockpit.
(ii) Open cockpit. Persons occupying
an open cockpit shall use the personal
protective equipment specified in the
product labeling for use during application, except that chemical-resistant
footwear need not be worn. A helmet
may be substituted for chemical-resistant headgear. A visor may be substituted for protective eyewear.
(iii) Enclosed cockpit. Persons occupying an enclosed cockpit may substitute a long-sleeved shirt, long pants,
shoes, and socks for labeling-specified
personal protective equipment.
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Environmental Protection Agency
§ 170.240
(7) Crop advisors. Crop advisors entering treated areas while a restrictedentry interval is in effect may wear the
personal protective equipment specified on the pesticide labeling for earlyentry activities instead of the personal
protective equipment specified on the
pesticide labeling for handling activities, provided:
(i) Application has been completed
for at least 4 hours.
(ii) Any inhalation exposure level
listed in the labeling has been reached
or any ventilation criteria established
by § 170.110(c)(3) or in the labeling have
been met.
(e) Use of personal protective equipment. (1) The handler employer shall
assure that personal protective equipment is used correctly for its intended
purpose and is used according to the
manufacturer’s instructions.
(2) The handler employer shall assure
that, before each day of use, all personal protective equipment is inspected for leaks, holes, tears, or worn
places, and any damaged equipment is
repaired or discarded.
(f) Cleaning and maintenance. (1) The
handler employer shall assure that all
personal
protective
equipment
is
cleaned according to the manufacturer’s instructions or pesticide product
labeling instructions before each day of
reuse. In the absence of any such instructions, it shall be washed thoroughly in detergent and hot water.
(2) If any personal protective equipment cannot be cleaned properly, the
handler employer shall dispose of the
personal protective equipment in accordance with any applicable Federal,
State, and local regulations. Coveralls
or other absorbent materials that have
been drenched or heavily contaminated
with an undiluted pesticide that has
the signal word DANGER or WARNING
on the label shall be not be reused.
(3) The handler employer shall assure
that contaminated personal protective
equipment is kept separately and
washed separately from any other
clothing or laundry.
(4) The handler employer shall assure
that all clean personal protective
equipment shall be either dried thoroughly before being stored or shall be
put in a well ventilated place to dry.
(5) The handler employer shall assure
that all personal protective equipment
is stored separately from personal
clothing and apart from pesticide-contaminated areas.
(6) The handler employer shall assure
that when dust/mist filtering respirators are used, the filters shall be
replaced:
(i) When breathing resistance becomes excessive.
(ii) When the filter element has physical damage or tears.
(iii) According to manufacturer’s recommendations or pesticide product labeling, whichever is more frequent.
(iv) In the absence of any other instructions or indications of service life,
at the end of each day’s work period.
(7) The handler employer shall assure
that when gas- or vapor-removing respirators are used, the gas- or vapor-removing canisters or cartridges shall be
replaced:
(i) At the first indication of odor,
taste, or irritation.
(ii) According to manufacturer’s recommendations or pesticide product labeling, whichever is more frequent.
(iii) In the absence of any other instructions or indications of service life,
at the end of each day’s work period.
(8) The handler employer shall inform any person who cleans or launders
personal protective equipment:
(i) That such equipment may be contaminated with pesticides.
(ii) Of the potentially harmful effects
of exposure to pesticides.
(iii) Of the correct way(s) to clean
personal protective equipment and to
protect themselves when handling such
equipment.
(9) The handler employer shall assure
that handlers have a clean place(s)
away from pesticide storage and pesticide use areas where they may:
(i) Store personal clothing not in use.
(ii) Put on personal protective equipment at the start of any exposure period.
(iii) Remove personal protective
equipment at the end of any exposure
period.
(10) The handler employer shall not
allow or direct any handler to wear
home or to take home personal protective equipment contaminated with pesticides.
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§ 170.250
40 CFR Ch. I (7–1–10 Edition)
(g) Heat-related illness. When the use
of personal protective equipment is
specified by the labeling of any pesticide for the handling activity, the
handler employer shall assure that no
handler is allowed or directed to perform the handling activity unless appropriate measures are taken, if necessary, to prevent heat-related illness.
[57 FR 38151, Aug. 21, 1992, as amended at 69
FR 53346, Sept. 1, 2004]
erowe on DSK5CLS3C1PROD with CFR
§ 170.250
Decontamination.
(a) Requirement. During any handling
activity, the handler employer shall
provide for handlers, in accordance
with this section, decontamination
supplies for washing off pesticides and
pesticide residues.
(b) General conditions. (1) The handler
employer shall provide handlers with
enough water for routine washing, for
emergency eyeflushing, and for washing the entire body in case of an emergency. At all times when the water is
available to handlers, the handler employer shall assure that it is of a quality and temperature that will not
cause illness or injury when it contacts
the skin or eyes or if it is swallowed.
(2) When water stored in a tank is to
be used for mixing pesticides, it shall
not be used for decontamination or eye
flushing, unless the tank is equipped
with properly functioning valves or
other mechanisms that prevent movement of pesticides into the tank.
(3) The handler employer shall provide soap and single-use towels in
quantities sufficient to meet handlers’
needs.
(4) The handler employer shall provide one clean change of clothing, such
as coveralls, for use in an emergency.
(c) Location. The decontamination
supplies shall be located together and
be reasonably accessible to and not
more than 1⁄4 mile from each handler
during the handling activity.
(1) Exception for mixing sites. For mixing activities, decontamination supplies shall be at the mixing site.
(2) Exception for pilots. Decontamination supplies for a pilot who is applying
pesticides aerially shall be in the
airplaine or at the aircraft loading site.
(3) Exception for handling pesticides in
remote areas. When handling activities
are performed more than 1/4 mile from
the nearest place of vehicular access:
(i) The soap, single-use towels, clean
change of clothing, and water may be
at the nearest place of vehicular access.
(ii) The handler employer may permit handlers to use clean water from
springs, streams, lakes, or other
sources for decontamination at the remote work site, if such water is more
accessible than the water located at
the nearest place of vehicular access.
(4) Decontamination supplies in treated
areas. The decontamination supplies
shall not be in an area being treated
with pesticides or in an area under a
restricted-entry interval, unless:
(i) The decontamination supplies are
in the area where the handler is performing handling activities;
(ii) The soap, single-use towels, and
clean change of clothing are in enclosed containers; and
(iii) The water is running tap water
or is enclosed in a container.
(d) Emergency eyeflushing. To provide
for emergency eyeflushing, the handler
employer shall assure that at least 1
pint of water is immediately available
to each handler who is performing
tasks for which the pesticide labeling
requires
protective
eyewear.
The
eyeflush water shall be carried by the
handler, or shall be on the vehicle or
aircraft the handler is using, or shall
be otherwise immediately accessible.
(e) Decontamination after handling activities. At the end of any exposure period, the handler employer shall provide at the site where handlers remove
personal protective equipment, soap,
clean towels, and a sufficient amount
of water so that the handlers may wash
thoroughly.
[57 FR 38151, Aug. 21, 1992, as amended at 61
FR 33213, June 26, 1996]
§ 170.260 Emergency assistance.
If there is reason to believe that a
person who is or has been employed by
an agricultural establishment or commercial pesticide handling establishment to perform pesticide handling
tasks has been poisoned or injured by
exposure to pesticides as a result of
that employment, including, but not
limited to, exposures from handling
tasks or from application, splash, spill,
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Environmental Protection Agency
§ 171.2
drift, or pesticide residues, the handler
employer shall:
(a) Make available to that person
prompt transportation from the place
of employment or the handling site to
an appropriate emergency medical facility.
(b) Provide to that person or to treating medical personnel, promptly upon
request, any obtainable information
on:
(1) Product name, EPA registration
number, and active ingredients of any
product to which that person might
have been exposed.
(2) Antidote, first aid, and other medical information from the product labeling.
(3) The circumstances of handling of
the pesticide.
(4) The circumstances of exposure of
that person to the pesticide.
PART 171—CERTIFICATION OF
PESTICIDE APPLICATORS
Sec.
171.1 General.
171.2 Definitions.
171.3 Categorization of commercial applicators of pesticides.
171.4 Standards for certification of commercial applicators.
171.5 Standards for certification of private
applicators.
171.6 Standards for supervision of noncertified applicators by certified private and
commercial applicators.
171.7 Submission and approval of State
plans for certification of commercial and
private applicators of restricted use pesticides.
171.8 Maintenance of State plans.
171.9 Submission and approval of Government Agency Plan.
171.10 Certification of applicators on Indian
Reservations.
171.11 Federal certification of pesticide applicators in States or on Indian Reservations where there is no approved State or
Tribal certification plan in effect.
AUTHORITY: 7 U.S.C. 136i and 136w.
SOURCE: 39 FR 36449, Oct. 9, 1974, unless
otherwise noted.
erowe on DSK5CLS3C1PROD with CFR
§ 171.1
General.
This section deals with the certification of applicators of restricted use
pesticides.
§ 171.2 Definitions.
(a) Terms used in this subpart have
the same meaning as in the Act. In addition, the following definitions are applicable to all aspects of the certification of pesticide applicator program
in this part:
(1) The term accident means an unexpected, undesirable event, caused by
the use or presence of a pesticide, that
adversely affects man or the environment.
(2) The term Act means the Federal
Insecticide, Fungicide, and Rodenticide
Act, as amended (86 Stat. 973), and
other legislation supplementary thereto and amendatory thereof.
(3) The term Administrator means the
Administrator of the Environmental
Protection Agency, or any office or employee of the Agency to whom authority has heretofore been delegated, or to
whom authority may hereafter be delegated, to act in his stead.
(4) The term Agency, unless otherwise
specified, means the United States Environmental Protection Agency.
(5) The term agricultural commodity
means any plant, or part thereof, or
animal, or animal product, produced by
a person (including farmers, ranchers,
vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or
other comparable persons) primarily
for sale, consumption, propagation, or
other use by man or animals.
(6) The term calibration of equipment
means measurement of dispersal or
output of application equipment and
adjustment of such equipment to control the rate of dispersal, and droplet
or particle size of a pesticide dispersed
by the equipment.
(7) The term certification means the
recognition by a certifying agency that
a person is competent and thus authorized to use or supervise the use of restricted use pesticides.
(8) The term certified applicator means
any individual who is certified to use
or supervise the use of any restricted
use pesticides covered by his certification.
(9) The term commercial applicator
means a certified applicator (whether
or not he is a private applicator with
respect to some uses) who uses or supervises the use of any pesticide which
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| File Type | application/pdf |
| File Modified | 2010-10-18 |
| File Created | 2010-10-18 |