In November 2015, the U.S. Environmental Protection Agency (EPA) amended the Pesticide Worker Protection Standard (WPS). There are staggered compliance deadlines and a dizzying array of issues with which those affected by the amendments must contend. What are the critical changes in the amended standard and when are the deadlines for compliance?

The final rule amending the WPS was effective January 1, 2016. Agricultural employers and handlers will be required to comply with most of the new requirements by January 2, 2017, but compliance with other components is not required until January 1, 2018, or later. Before we look at some of the new requirements and compliance dates, let’s take a look at the reality of who is actually affected by the changes to the WPS.

Note: The “or later” is applicable to the new training requirements for agricultural workers and pesticide handlers. The EPA is developing training materials. Compliance with the new training requirements is required 180 days after the notice of availability of the training materials in the Federal Register but no earlier than January 1, 2018. Meaning, the compliance deadline could be later than January 1, 2018, if the EPA does not make the training materials available by July 1, 2017.

Who’s Affected?

Well, it’s a standard to protect farmworkers, so farms are affected. Certainly true, but the impact of the WPS amendments go far beyond the farm fields. Those affected include not only owners, field supervisors, and workers who grow fruits and vegetables on farms, but also:

  • Pesticide applicators and pesticide trainers
  • Owners/employers on agricultural establishments that grow and harvest for commercial production:
    Timber and trees in forests and nurseries
    Plants in greenhouses and nurseries
  • Employers of researchers who help grow and harvest plants
  • Employers at commercial pesticide-handling establishments

Minimum Age

Pesticide handlers and early entry workers (i.e., workers who enter a treated area after a pesticide application is completed but before a restricted entry interval (REI) for the pesticide has expired) must be at least 18 years old. One piece of good news here for industry is the exemption for immediate family members. The definition of “immediate family” has been extended to also include all in-laws, grandparents, grandchildren, aunts, uncles, nieces, nephews, and first cousins.

Compliance deadline: January 2, 2017.

Hazard Communication

Pesticide application information and safety data sheets (SDSs) must be displayed at a central location within 24 hours of the end of the application and before workers enter the treated area. Both must be displayed for 30 days after the REI expires and be maintained for 2 years after the end of the REI. The application information and the SDSs must be made available upon request to workers, designated representatives, and medical personnel.

Compliance deadline: January 2, 2017.

Notification of Treated Areas

Employers must post a warning sign if the REI of a treated area is greater than 48 hours for an outdoor application or greater than 4 hours for an enclosed space application, such as a greenhouse. Other than these two requirements, employers may opt for posting or oral notification unless the pesticide label requires both.

In addition, pesticide handler employers must provide notification before the application begins in some cases and within 2 hours of the end of the application in most cases. The exception is when the only change is less than 1-hour difference in application time.

Compliance deadline: January 2, 2017.

Entry Restrictions

For all outdoor production, no entry is allowed into a treated area of the application exclusion zone (AEZ). The AEZ is an area up to 100 feet around the application equipment during pesticide applications on farms, forests, and nurseries. The size of the AEZ depends on the type of application. The amended WPS includes revised descriptions of application methods.

Compliance deadline: January 2, 2017.

Application Suspensions

Pesticide applicators must suspend applications if a worker or anyone else, other than trained and equipped handlers, is in the AEZ.

Compliance deadline: January 1, 2018.

Training Under the Amended Pesticide Worker Protection Standard

Many in the agricultural industry contend that the amended WPS is onerous and quite expensive—particularly when it comes to training. According to the Agricultural Retailers Association, the EPA disregarded industry comments and underestimated the cost of the regulation, especially the training component.

How Often?

The biggest news on the training front for the amended WPS is the increase in how often agricultural workers and pesticide handlers must be trained. Instead of every 5 years, workers and handlers must be trained annually.

Industry officials are particularly incredulous that the EPA made such a significant increase in training and yet still claims that the costs of the amended WPS are negligible for employers.

Train Before Work

The amended WPS eliminates the 5-day grace period for training for agricultural workers. Workers must be trained before they work in an area where a pesticide has been used or where a restricted-entry interval (REI) has been in effect in the past 30 days.

Expanded Content

The training content is significantly expanded for both agricultural workers and pesticide handlers. Final worker training topics expanded from 11 basic topics to 23 items. Handler training expanded from 13 items to 36 items.

Recordkeeping

The voluntary verification card system for training is on the way out. Under the amended WPS, employers must keep training records for workers and handlers for 2 years. They must also provide a copy of the training record to workers and handlers upon request.

Compliance Deadline

The compliance deadline for training agricultural workers and pesticide handlers under the amended WPS is January 1, 2018, “or later.” The EPA is developing training materials. Compliance with the new training requirements is required 180 days after the notice of availability of the training materials in the Federal Register but no earlier than January 1, 2018. Meaning, the compliance deadline could be later than January 1, 2018, if the EPA does not make the training materials available by July 1, 2017.

For more information or assistance with your Environmental and Health & Safety regulatory compliance needs, contact Ralph Carito at Total Environmental & Safety, LLC (Total) at rcarito@TotalEnviron.com or 908-442-8599.