Agricultural Worker Protection Standard Training, Notification and Recordkeeping (Final Rule)

Forms and Documents

Document Name	Status
2491.03 - How To Comply Manual 2016-09-06.pdf Supplementary Document	2016-09-20
2491.03 - Justification for Non-Substantive Change.docx Justification for No Material/Nonsubstantive Change	2016-09-20
2491ss02.docx Supporting Statement A	2015-10-29

IC Document Collections

IC ID	Document Title	Status
210796	REI - Early Entry Exception: Agricultural Workers Receive Info Orally from Agricultural Employer	Unchanged
210795	REI - Early Entry Exception: Agricultural Employers Provide Early Entry Notification and Information to Agricultural Worker	Unchanged
210794	Agricultural and Commercial Handlers Receive Training and Operating Instructions for Closed System	Unchanged
210793	Agricultural and Commercial Employers Provide Training and Operating Instructions for Closed System	Unchanged
210792	Agricultural and Commercial Handler Employers Notify Cleaners/Launderers of Personal Protective Equipment of Potential Contamination, Adverse Effects, Cleaning Methods, and Precautions	Unchanged
210791	Agricultural and Commercial Handler Employers Create and Maintain Medical Evaluation, Respirator Fit Testing, and Respirator Training Records	Unchanged
210790	Agricultural and Commercial Handlers Receive Respirator Training and Fit Test, and Complete Medical Evaluation	Unchanged
210789	Commercial Handler Employers Maintain Records of Handler Pesticide Safety Training and Provide Upon Request	Unchanged
210788	Commercial Handler Employees Attend and Acknowledge Pesticide Safety Training Provided by Employers	Unchanged
210787	Commercial Handler Employers Provide Handler Pesticide Safety Training	Unchanged
210786	Agricultural Employers Maintain Records of Handler Pesticide Safety Training and Provide upon Request	Unchanged
210785	Agricultural Handler Employees Attend and Acknowledge Pesticide Safety Training Provided by Employers	Unchanged
210784	Agricultural Employers Provide Handler Pesticide Safety Training	Unchanged
210783	Agricultural Employers Maintain Records of Agricultural Worker Pesticide Safety Training and Provide upon Request	Unchanged
210782	Agricultural Workers Attend and Acknowledge Pesticide Safety Training Provided by Agricultural Employers	Unchanged
210781	Agricultural Employers Provide Agricultural Worker Pesticide Safety Training	Unchanged
210780	Agricultural and Commercial Handler Employers Provide Information Required for Emergency Assistance	Unchanged
210779	Handlers Receive Information About Safe Operation, Cleaning and Repair of Equipment from Agricultural and Commercial Handler Employers	Unchanged
210778	Agricultural and Commercial Handler Employers Inform Handlers about Safe Operation, Cleaning and Repair of Equipment	Unchanged
210777	Commercial Handler Receives Agricultural Establishment REI Information from Employer	Unchanged
210776	Agricultural and Commercial Handler Employers Inform Handlers about Application/Label Information	Unchanged
210775	Commercial Handler Employer Notifies Handler Employee of Treated Areas under an REI on Agricultural Establishment	Unchanged
210774	Notifications Between Agricultural Employers and Commercial Handler Employers Regarding Restricted Entry Interval and Pre-application Information	Unchanged
210773	Agricultural Workers and Agricultural/Commercial Handlers Receive Establishment-Specific Information from Agricultural Employer	Unchanged
210772	Agricultural Employers Provide Establishment-Specific Information to Handlers and Agricultural Workers	Unchanged
210771	Agricultural Workers Receive Restricted Entry Area Notifications from Agricultural Employer	Unchanged
210770	Agricultural Employer Notifies Agricultural Workers of Restricted Entry Areas	Unchanged
210769	Agricultural Employers Record/Maintain Pesticide Application Records and Copy of Safety Data Sheet	Unchanged
210768	Agricultural Employers Display Basic Safety Information	Unchanged
210767	Rule Familiarization Instruction	Modified

ICR Details

OMB Control No: 2070-0190	ICR Reference No: 201609-2070-002
Status: Historical Inactive	Previous ICR Reference No: 201510-2070-001
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2491.03
Title: Agricultural Worker Protection Standard Training, Notification and Recordkeeping (Final Rule)
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Improperly submitted and continue	Conclusion Date: 03/02/2017
	Date Received in OIRA: 09/20/2016
Terms of Clearance: The agency must resubmit the ICR as a revision in accordance with 5 CFR 1302.5.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2019	01/31/2019	08/31/2019
Responses	111,516,053	0	111,516,053
Time Burden (Hours)	10,448,161	0	10,448,161
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 associated with a final rule that amends 40 CFR Part 170, entitled “Pesticides; Agricultural Worker Protection Standard Revisions” [RIN 2070-AJ22]. This rule-related ICR is intended to replace an existing ICR, currently approved under OMB Control Number 2070-0148, that covers the information collection requirements contained in the existing Worker Protection Standard (WPS) regulations, also at 40 CFR Part 170. The existing regulation already has provisions for training and notification of pesticide-related information for workers who enter pesticide-treated areas after pesticide application to perform crop-related tasks, as well as for handlers who mix, load, and apply pesticides. Agricultural employers and commercial pesticide handling establishments (CPHEs) are responsible for providing required training, notifications and information to their employees to ensure worker and handler safety. The changes to the regulation are intended to improve protections and include revisions to many current provisions as well as the addition of new requirements. The revised rule includes expanded and more frequent training for workers and handlers, improved posting of pesticide-treated areas, additional information for workers before they enter a pesticide-treated area while a restricted entry interval (REI) is in effect, access to more general and application-specific information about pesticides used on the establishment, and recordkeeping of training to improve enforceability and compliance.

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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	Final or interim final rulemaking	80 FR 67496	11/02/2015

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 15444	03/19/2014
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 30

IC Title	Form No.	Form Name
Agricultural and Commercial Employers Provide Training and Operating Instructions for Closed System
Commercial Handler Employers Maintain Records of Handler Pesticide Safety Training and Provide Upon Request
Agricultural and Commercial Handlers Receive Respirator Training and Fit Test, and Complete Medical Evaluation
Agricultural and Commercial Handler Employers Create and Maintain Medical Evaluation, Respirator Fit Testing, and Respirator Training Records
Agricultural and Commercial Handler Employers Notify Cleaners/Launderers of Personal Protective Equipment of Potential Contamination, Adverse Effects, Cleaning Methods, and Precautions
Agricultural and Commercial Handlers Receive Training and Operating Instructions for Closed System
REI - Early Entry Exception: Agricultural Employers Provide Early Entry Notification and Information to Agricultural Worker
REI - Early Entry Exception: Agricultural Workers Receive Info Orally from Agricultural Employer
Rule Familiarization
Agricultural Employers Display Basic Safety Information
Agricultural Employers Record/Maintain Pesticide Application Records and Copy of Safety Data Sheet
Agricultural Employer Notifies Agricultural Workers of Restricted Entry Areas
Agricultural Workers Receive Restricted Entry Area Notifications from Agricultural Employer
Agricultural Employers Provide Establishment-Specific Information to Handlers and Agricultural Workers
Agricultural Workers and Agricultural/Commercial Handlers Receive Establishment-Specific Information from Agricultural Employer
Notifications Between Agricultural Employers and Commercial Handler Employers Regarding Restricted Entry Interval and Pre-application Information
Commercial Handler Employer Notifies Handler Employee of Treated Areas under an REI on Agricultural Establishment
Agricultural and Commercial Handler Employers Inform Handlers about Application/Label Information
Commercial Handler Receives Agricultural Establishment REI 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 Required for Emergency Assistance
Agricultural Employers Provide 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 and Provide upon Request
Agricultural Employers Provide 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 and Provide upon Request
Commercial Handler Employers Provide Handler Pesticide Safety Training
Commercial Handler Employees Attend and Acknowledge Pesticide Safety Training Provided by Employers

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement:

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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: 09/20/2016

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