Agricultural Worker Protection Standard Training, Notification and Recordkeeping (Renewal)

Forms and Documents

Document Name	Status
2491ss06.docx Supporting Statement A	2022-04-24
2491.06 Attachment C- Public Comment.pdf Supplementary Document	2022-04-22
2491.06 Attachment B- How to Comply with 2015 WPS.pdf Supplementary Document	2022-04-22
2491.06 Attachment A- Consultation.docx Supplementary Document	2022-04-22

IC Document Collections

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

ICR Details

OMB Control No: 2070-0190	ICR Reference No: 202204-2070-005
Status: Received in OIRA	Previous ICR Reference No: 201902-2070-001
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2491.06
Title: Agricultural Worker Protection Standard Training, Notification and Recordkeeping (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 04/27/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2022
Responses	101,618,668	111,519,273
Time Burden (Hours)	10,188,670	10,448,161
Cost Burden (Dollars)	0	0

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Abstract: This ICR estimates the recordkeeping and third-party response burden of paperwork activities that covers the information collection requirements contained in the Worker Protection Standard (WPS) regulations at 40 CFR Part 170. These requirements were updated in a 2015 Final Rule (80 FR 67495, November 2, 2015) that amended 40 CFR Part 170. Prior to the regulatory update, the WPS regulations already had 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 are responsible for providing required training, notifications and information to their employees to ensure worker and handler safety. The changes to the regulation in 2015 improved protections and included revisions to many of the provisions as well as the addition of new requirements. The WPS regulation now 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 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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 41840	08/03/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 25013	04/27/2022
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Agricultural Employer Notifies Agricultural Workers of Restricted Entry Areas
Agricultural Employers Display Basic Safety Information
Agricultural Employers Maintain Records of Agricultural Worker Pesticide Safety Training and Provide upon Request
Agricultural Employers Maintain Records of Handler Pesticide Safety Training and Provide upon Request
Agricultural Employers Provide Agricultural Worker Pesticide Safety Training
Agricultural Employers Provide Establishment-Specific Information to Handlers and Agricultural Workers
Agricultural Employers Provide Handler Pesticide Safety Training
Agricultural Employers Record/Maintain Pesticide Application Records and Copy of Safety Data Sheet
Agricultural Handler Employees Attend and Acknowledge Pesticide Safety Training Provided by Employers
Agricultural Workers Attend and Acknowledge Pesticide Safety Training Provided by Agricultural Employers
Agricultural Workers Receive Restricted Entry Area Notifications from Agricultural Employer
Agricultural Workers and Agricultural/Commercial Handlers Receive Establishment-Specific Information from Agricultural Employer
Agricultural and Commercial Employers Provide Training and Operating Instructions for Closed System
Agricultural and Commercial Handler Employers Create and Maintain Medical Evaluation, Respirator Fit Testing, and Respirator Training Records
Agricultural and Commercial Handler Employers Inform Handlers about Application/Label Information
Agricultural and Commercial Handler Employers Inform Handlers about Safe Operation, Cleaning and Repair of Equipment
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 Provide Information Required for Emergency Assistance
Agricultural and Commercial Handlers Receive Respirator Training and Fit Test, and Complete Medical Evaluation
Agricultural and Commercial Handlers Receive Training and Operating Instructions for Closed System
Commercial Handler Employees Attend and Acknowledge Pesticide Safety Training Provided by Employers
Commercial Handler Employer Notifies Handler Employee of Treated Areas under an REI on Agricultural Establishment
Commercial Handler Employers Maintain Records of Handler Pesticide Safety Training and Provide Upon Request
Commercial Handler Employers Provide Handler Pesticide Safety Training
Commercial Handler Receives Agricultural Establishment REI Information from Employer
Handlers Receive Information About Safe Operation, Cleaning and Repair of Equipment from Agricultural and Commercial Handler Employers
Notifications Between Agricultural Employers and Commercial Handler Employers Regarding Restricted Entry Interval and Pre-application Information
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

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	101,618,668	111,519,273	0	0	-9,900,605	0
Annual Time Burden (Hours)	10,188,670	10,448,161	0	0	-259,491	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: There is a decrease of 259,491 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This decrease is due to a decline in the number of respondents (farms and employees) since the last Census of Agriculture. This change is an adjustment.

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Annual Cost to Federal Government: $0

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 04/27/2022

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