Agricultural Worker Protection Standard Training and Notification (Proposed Rule Replacement ICR)

Forms and Documents

Document Name	Status
2491ss01_AttachA.pdf Supplementary Document	2014-02-20
2491ss01_2014-02-19.docx Supporting Statement A	2014-02-20

IC Document Collections

IC ID	Document Title	Status
210801	Restricted Entry Interval - Early Entry Exception: Agricultural Workers Read Label or Receive Info Orally from Agricultural Employer	New
210800	Restricted Entry Interval - Early Entry Exception: Agricultural Employers Keep Records of Agricultural Worker Early Entry Activities	New
210799	Restricted Entry Interval - Early Entry Exception: Agricultural Workers Acknowledge Receipt of Early Entry Notification from Agricultural Employers	New
210798	Restricted Entry Interval - Early Entry Exception: Agricultural Employers Provide Early Entry Notification and Information to Agricultural Workers	New
210797	Waiting Period Prior to Worker Training Exception: Agricultural Workers Acknowledge Receipt of Pesticide Information Sheet From Employers	New
210796	Waiting Period Prior to Worker Training Exception: Agricultural Employers Provide Pesticide Information Sheet to Agricultural Workers	New
210795	Agricultural and Commercial Handlers Receive Follow-up Medical Evaluation	New
210794	Agricultural and Commercial Handler Employers With Closed Systems Retain Records of System Maintenance	New
210793	Agricultural and Commercial Handler Employers Notify Cleaners/Launderers of Personal Protective Equipment of Potential Contamination, Adverse Effects, Cleaning Methods, and Precautions	New
210792	Medical Evaluation of Agricultural and Commercial Handlers by Health Care Worker	New
210791	Agricultural and Commercial Handler Employers Maintain Medical Evaluation, Respirator Fit Testing, and Respirator Training Records	New
210790	Agricultural and Commercial Handlers Attend Respirator Training, Receive Respirator Fit Test, and Complete Initial Respirator Survey	New
210789	Commercial Handler Employers Maintain Records of Handler Pesticide Safety Training	New
210788	Commercial Handler Employees Attend and Acknowledge Pesticide Safety Training Provided by Employers	New
210787	Commercial Handler Employers Provide for Handler Pesticide Safety Training	New
210786	Agricultural Employers Maintain Records of Handler Pesticide Safety Training	New
210785	Agricultural Handler Employees Attend and Acknowledge Pesticide Safety Training Provided by Employers	New
210784	Agricultural Employers Provide for Handler Pesticide Safety Training	New
210783	Agricultural Employers Maintain Records of Agricultural Worker Pesticide Safety Training	New
210782	Agricultural Workers Attend and Acknowledge Pesticide Safety Training Provided by Agricultural Employers	New
210781	Agricultural Employers Provide for Agricultural Worker Pesticide Safety Training	New
210780	Agricultural and Commercial Handler Employers Provide Information to Medical Personnel, Workers or Handlers	New
210779	Handlers Receive Information About Safe Operation, Cleaning and Repair of Equipment from Agricultural and Commercial Handler Employers	New
210778	Agricultural and Commercial Handler Employers Inform Handlers About Safe Operation, Cleaning and Repair of Equipment	New
210777	Commercial Handler Receives Agricultural Establishment Restricted Entry Interval Information from Employer	New
210776	Commercial Handler Employer Notifies Handler Employee of Restricted Entry Interval at Agricultural Establishment	New
210775	Commercial Handler Employer Provides Application Information to Agricultural Employer	New
210774	Agricultural Employer Notification to Commercial Handler Employer of Restricted Entry Interval	New
210773	Agricultural Workers and Agricultural/Commercial Handlers Receive Establishment-Specific Information from Agricultural Employer	New
210772	Agricultural Employers Provide Establishment-Specific Information to Handlers and Agricultural Workers	New
210771	Agricultural Workers Receive of Restricted Entry Area Notifications	New
210770	Agricultural Employer Notifies Agricultural Workers of Restricted Entry Areas	New
210769	Agricultural Employers Maintain Pesticide Application Records, Copy of Product Labeling, and Copy of Safety Data Sheet	New
210768	Agricultural Employers Display Basic Safety Information	New
210767	Rule Familiarization	New

ICR Details

OMB Control No: 2070-0190	ICR Reference No: 201403-2070-001
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2491.01
Title: Agricultural Worker Protection Standard Training and Notification (Proposed Rule Replacement ICR)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 05/01/2014
	Date Received in OIRA: 03/19/2014
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. OMB files this comment in accordance with 5 CFR 1320.11(c) of the Paperwork Reduction Act and is withholding approval of this collection at this time. This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. The agency shall examine public comment in response to the Notice of Proposed Rulemaking and will include in the supporting statement of the next ICR, to be submitted to OMB at the final rule stage, a description of how the agency has responded to any public comments on the ICR. This action has no effect on any current approvals.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This Information Collection Request (ICR) estimates the recordkeeping and third-party response burden of paperwork activities under the proposed " Agricultural Worker Protection Standard Training and Notification (Proposed Rule)" (RIN 2070-AJ22). This is a replacement ICR for the currently approved ICR "Worker Protection Standard Training and Notification" (OMB Control No. 2070-0148) covering the information collection requirements contained in the current "Worker Protection Standard" (WPS) at 40 CFR Part 170. The existing regulation already has provisions for training and notification of pesticide related information for workers who enter the fields after pesticide application to perform crop-related tasks, as well as for handlers who mix, load, and apply pesticides. The proposed rule addresses changes to existing requirements and the addition of new requirements to improve protections for agricultural workers and pesticide handlers. The proposed rule would required expanded and more frequent training for workers and handlers, improved posting of pesticide-treated areas, additional information before entering a pesticide treated area under an Restricted Entry Interval (REI), access to more general and application-specific information about chemical hazards in the workplace and recordkeeping of training and notification activities to improve enforceability and compliance. Agricultural employers and commercial pesticide handling establishments (CPHEs) are responsible for providing required training, notifications and information to their employees to ensure worker safety. No information is collected by the Agency under this ICR.

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Authorizing Statute(s): US Code: 7 USC 136w Name of Law: Federal Insecticide, Fungicide, and Rodenticide Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2070-AJ22	Proposed rulemaking	79 FR 15443	03/19/2014

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 35

IC Title	Form No.	Form Name
Agricultural Employers Maintain Pesticide Application Records, Copy of Product Labeling, and Copy of Safety Data Sheet
Agricultural Employer Notifies Agricultural Workers of Restricted Entry Areas
Agricultural Workers Receive of Restricted Entry Area Notifications
Agricultural Employers Provide Establishment-Specific Information to Handlers and Agricultural Workers
Agricultural Workers and Agricultural/Commercial Handlers Receive Establishment-Specific Information from Agricultural Employer
Agricultural Employer Notification to Commercial Handler Employer of Restricted Entry Interval
Commercial Handler Employer Provides Application Information to Agricultural Employer
Commercial Handler Employer Notifies Handler Employee of Restricted Entry Interval at Agricultural Establishment
Commercial Handler Receives Agricultural Establishment Restricted Entry Interval Information from Employer
Agricultural and Commercial Handler Employers Inform Handlers About Safe Operation, Cleaning and Repair of Equipment
Handlers Receive Information About Safe Operation, Cleaning and Repair of Equipment from Agricultural and Commercial Handler Employers
Agricultural and Commercial Handler Employers Provide Information to Medical Personnel, Workers or Handlers
Agricultural Employers Provide for Agricultural Worker Pesticide Safety Training
Agricultural Workers Attend and Acknowledge Pesticide Safety Training Provided by Agricultural Employers
Agricultural Employers Maintain Records of Agricultural Worker Pesticide Safety Training
Agricultural Employers Provide for Handler Pesticide Safety Training
Agricultural Handler Employees Attend and Acknowledge Pesticide Safety Training Provided by Employers
Agricultural Employers Maintain Records of Handler Pesticide Safety Training
Commercial Handler Employers Provide for Handler Pesticide Safety Training
Commercial Handler Employees Attend and Acknowledge Pesticide Safety Training Provided by Employers
Commercial Handler Employers Maintain Records of Handler Pesticide Safety Training
Agricultural and Commercial Handlers Attend Respirator Training, Receive Respirator Fit Test, and Complete Initial Respirator Survey
Agricultural and Commercial Handler Employers Maintain Medical Evaluation, Respirator Fit Testing, and Respirator Training Records
Medical Evaluation of Agricultural and Commercial Handlers by Health Care Worker
Agricultural and Commercial Handler Employers Notify Cleaners/Launderers of Personal Protective Equipment of Potential Contamination, Adverse Effects, Cleaning Methods, and Precautions
Agricultural and Commercial Handler Employers With Closed Systems Retain Records of System Maintenance
Agricultural and Commercial Handlers Receive Follow-up Medical Evaluation
Waiting Period Prior to Worker Training Exception: Agricultural Employers Provide Pesticide Information Sheet to Agricultural Workers
Waiting Period Prior to Worker Training Exception: Agricultural Workers Acknowledge Receipt of Pesticide Information Sheet From Employers
Restricted Entry Interval - Early Entry Exception: Agricultural Employers Provide Early Entry Notification and Information to Agricultural Workers
Restricted Entry Interval - Early Entry Exception: Agricultural Workers Acknowledge Receipt of Early Entry Notification from Agricultural Employers
Restricted Entry Interval - Early Entry Exception: Agricultural Employers Keep Records of Agricultural Worker Early Entry Activities
Restricted Entry Interval - Early Entry Exception: Agricultural Workers Read Label or Receive Info Orally from Agricultural Employer
Rule Familiarization
Agricultural Employers Display Basic Safety Information

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This proposed rule ICR would serve to replace an existing ICR approved under OMB Control No. 2070-0148. The total estimated annual respondent burden for this proposed rule replacement ICR is 8,316,993 hours. As new, replacement ICR, all of the burden would be attributed to program changes. However, relative to the 1,776,131 total burden hours estimated for the existing WPS regulation in the ICR currently approved under OMB Control No. 2070-0148, this ICR reflects an increase of 6,540,862 hours. The increase in burden reflects both changing regulatory requirements as well as a re-estimation of the burden associated with existing requirements, including the inclusion of some required baseline activities that were not clearly included in the existing approved ICR, as well as the number of estimated respondents/responses based on newer information that is available to EPA. The regulatory changes include modifications to restrictions in field entry activities during restricted entry intervals; increased hazard communications; increased training (for both workers and handlers); increased posting of pesticide application information; provisions for information during emergency assistance; recordkeeping for respirator requirements and for workers performing early entry activities.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/19/2014

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