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Relationship between WPS and OSHA
OSHA’s Hazard Communication Standard (HCS) covers all industries in which an employee may be exposed to a chemical hazard in the workplace - except as limited by section 4(b)(1) of the Occupational Safety and Health Act, which prohibits OSHA from regulating working conditions or hazards where other federal agencies exercise statutory authority to prescribe or to enforce standards for occupational safety and health.
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Relationship between WPS and OSHA
OSHA also establishes industry, chemical, and process-specific standards to address workplace hazards that warrant additional regulatory measures to ensure employees’ occupational safety and health.
EPA has stated the intended reach of the WPSis limited to occupational safety for pesticidesand OSHA is not preempted from regulating any non-pesticide chemical or other workplace hazards in agriculture.
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Relationship between WPS and OSHA
OSHA established a policy not to cite employers covered under the WPS for pesticide-related Hazard Communication Standard (HCS). The policy defers to EPA’s regulatory authorities for protection of handlers and workers on establishments covered by the WPS, as well as pesticide labeling use and certification of pesticide applicators.
EPA and OSHA agreed OSHA’s Field Sanitation Standard addresses general sanitary standards, while EPA’s WPS decontamination requirements are specific to pesticide hazards so no preemption issues exists.
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Relationship between WPS and OSHA
In regard to PPE, the new rule cross references certain OccupationalSafety and Health Administration(OSHA) requirements for respirator use that employers will be required to comply with, i.e., fit test, medical evaluation, and training for handlers using pesticides that require respirator use.
Scope and Purpose
WPS is primarily intended to reduce the risks of illness or injury to workers and handlers resulting from occupational exposures to pesticides used in the production of agricultural plants on agricultural establishments.
WPS Scope and Purpose
The WPS requires agricultural employers and commercial pesticide handler employers to provide specific information and protections to workers, handlers and other persons when pesticides are used on agricultural establishments in the production of agricultural plants.
Also requires handlers to wear the labeling-specified clothing and personal protective equipment (PPE) when performing handler activities, and to take measures to protect workers and other persons during pesticide applications
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WPS Scope and purpose Who is responsible for providing WPS
protections?
Agricultural employers on crop-producing agricultural establishments
Commercial pesticide handling establishment employers
Handlers are required to take measures to protect workers and other persons during pesticide applications
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WPS Scope and Applicability
Who is protected?
Workers – people employed to perform tasks related to production of agricultural plants
Pesticide handlers – people employed to mix, load or apply pesticides for use on agricultural establishments in the production of agricultural plants
Other persons during pesticide applications
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WPS Scope and Applicability Keys to WPS applicability:
Use of a WPS-labeled pesticide product on an “agricultural establishment” directly related to the production of an “agricultural plant”
Employment of workers or handlers
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WPS Scope and ApplicabilityThe WPS does not apply on agricultural establishments when pesticides are used as:
As part of government-sponsored public pest control programs. (e.g., mosquito abatement and Mediterranean fruit fly eradication programs)
On plants other than agricultural plants, which may include plants in home fruit and vegetable gardens and home greenhouses, and permanent plantings for ornamental purposes, such as plants that are in ornamental gardens, parks, public or private landscaping, lawns or other grounds that are intended only for aesthetic purposes
For control of vertebrate pests, unless directly related to the production of an agricultural plant
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WPS Scope and ApplicabilityThe WPS does not apply on agricultural establishments when pesticides are used as:
As attractants or repellents in traps
On the harvested portions of agricultural plants or on harvested timber
For research uses of unregistered pesticides
On pasture and rangeland where the forage will not be harvested for hay
In a manner not directly related to the production of agricultural plants, including, but not limited to livestock pest control, structural pest control and control of vegetation in non-crop areas
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Who is an Agricultural Employer under WPSAgricultural employer means any
person who is an owner of, or is
responsible for the management or
condition of, an agricultural
establishment, and who employs any
worker or handler.
Agricultural establishment means any
farm, forest operation, or nursery
engaged in the outdoor or enclosed
space production of agricultural plants.
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Commercial pesticide handler employer
Commercial pesticide handler employer means any person, other than an agricultural employer, who employs any handler to perform handler activities on an agricultural establishment. A labor contractor who does not provide pesticide application services or supervise the performance of handler activities, but merely employs laborers who perform handler activities at the direction of an agricultural or handler employer, is not a commercial pesticide handler employer.
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Who is an Agricultural Pesticide Handler?
Handler means any person, including a self-employed person, who is employed by an agricultural employer or commercial pesticide handler employer and performs any of the following activities:(1) Mixing, loading, or applying pesticides.(2) Disposing of pesticides.(3) Handling opened containers of pesticides, emptying, triple-rinsing, orcleaning pesticide containers according to pesticide product labeling.(4) Acting as a flagger.(5) Cleaning, adjusting, handling, or repairing application equipment.
(6) Assisting with the application of pesticides.(7) Entering an enclosed space after the application of a pesticide and before the inhalation exposure level has been reached.(8) Entering a treated area outdoors after application of any soil fumigantto adjust or remove coverings used in fumigation.(9) Performing tasks as a crop advisor during any pesticide application or restricted-entry interval.
Who is an Agricultural Pesticide Handler?
Who is an Agricultural Worker? Worker means any person, including a self-employed
person, who is employed and performs activitiesdirectly relating to the production of agriculturalplants on an agricultural establishment.
Definitions.
Enclosed space production and outdoor production
Outdoor production meansproduction of an agricultural plant in an outside area that is not enclosed or covered in any way that would obstruct the natural air flow
Enclosed space production and outdoor production
Enclosed space productionmeans production of an agricultural plant indoors or in a structure or space that is covered in whole or in part by any nonporous covering and that is large enough to permit a person to enter.
Definitions.
Definitions.Designated representative
Designated representative meansany persons designated in writing by a worker or handler to exercise a right of access on behalf of the worker or handler to request and obtain a copy of the pesticide application and hazard information required by § 170.309(h) in accordance with § 170.311(b) of this part.
Enclosed cab means a cab with a nonporous barrier that totally surrounds the occupant(s) of the cab and prevents dermal contact with pesticides that are being applied outside of the cab.
Definitions.
Closed system means an engineering control used to protect handlers from pesticide exposurehazards when mixing and loading pesticides
Definitions.
Definitions. Crop advisor means any person who is assessing pest
numbers, damage, pesticide distribution, or the status or requirements of agricultural plants.
Definitions Employ means to obtain, directly or through a labor
contractor, the services of a person in exchange for a salary or wages, including piece-rate wages, without regard to who may pay or who may receive the salary or wages. It includes obtaining the services of a self-employed person, an independent contractor, or a person compensated by a third party, except that it does not include an agricultural employer obtaining the services of a handler through a commercial pesticide handler employer or a commercial pesticide handling establishment.
Agricultural employer’s dutiesAgricultural employers must:
(a) Ensure that pesticides are used consistent with their labeling.
(b) Ensure that workers and handlers receives the protections.
(c) Ensure that handlers and early entry workers are at least 18 years old.
(d) Provide information and directions to ensure all personnel receives the protections.
(e) Provide sufficientinformation and directionsto each worker and handler.
(f) Provide emergency assistance, including transportation.
(g) Ensure that workers do not clean, repair, or adjustapplication equipment, unless trained as a handler.
Agricultural employer’s duties
Agricultural employer’s duties
(h) Display pesticide safety information and hazard information.
(i) Instruct handlers in the safe operation of the equipment.
(j) Ensure that mixing/ loading and application equipment is inspected and repaired as need.
(k) Ensure that commercial pesticide handlers participate in the pesticide use information exchange.
(l) Ensure that workers do not enter any area during the REI.
(m) Provide any records or other information required
Agricultural employer’s duties
Commercial pesticide handler employer duties
(a) Ensure that pesticide are used consistent with their lableling.
(b) Ensure their handlers receives the protections required.
(c) Ensure their handler s are at least 18 years old.
(d) Provide to each person, information and directionssufficient to ensure that each handler receives the protections required.
(e) Require each person, including labor contractors, to provide sufficient informationand directions so handlers can comply.
(f) Ensure that their handlers uses anyequipment for mixing, loading, transferring, or applying pesticides, are instructed in the safe operation of such equipment.(g) Ensure that, before each day of use, equipment used is inspectedfor leaks, obstructions, and worn or damaged parts, and repaired or replaced as need.
Commercial pesticide handler employer duties
Commercial pesticide handler employer duties (h)Ensure that their handlers are
aware of, the specific location and description of any treated areas where a restricted-entry interval is in effect.
(i) Provide the agricultural employer all application information before the application.
(j) Provide updated information if there are any changes to the application information within two hours after completing theapplication. Changes less than one hour need not be reported.
(k) Provide emergency assistance.
(l) Ensure that only persons who received handler training clean, repair, or adjustpesticide applicationequipment.
(m) Provide any records or other information required
Commercial pesticide handler employer duties
WPS Framework. (3) Major Goals
WPS Goal No.1- Protection
Application Exclusion Zones (AEZs)
All Outdoor Production. No entry into treated area or the application exclusion zone (AEZ), which is a 0-100 feet area around the application equipment during pesticide application on farms, forests and nurseries. Size of the Application Exclusion Zone depends on application methods. (Revise descriptions of application methods.)
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Field AEZ Treated Area
Application Exclusion Zone in Outdoor Production
When the application is concluded, the AEZ no longer exists.
Outdoor Production: Protections During Applications – Ag Employers
During an application, an agricultural employer must keep workers and other persons out of the treated area or AEZ that is WITHIN the boundary of the establishment owner’s property
Keep workers and other people away from the application equipment on his/her property
“Away” is defined by the AEZ 0-100 feet
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0-100’
Outdoor Production: Protections During Applications - Handlers
Handler must immediately suspend application if worker or other person (other than handler) is in AEZ.
Handlers must temporarily suspend application if worker or other person is “0-100’” application equipment.
Can continue with application when (if?) people move.
Not limited to boundaries of ag establishment
One of the three requirements with a delayed compliance date (Jan 1, 2018) to allow for handlers to be trained on new content.
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AEZs in Outdoor Production
Applying at the edge of a field, where the whole field is the treated area.
Treated area (green)
AEZ (purple) Boundary of the field (black line)
These workers are in a field on the same establishment.
• Ag employer must keep workers & other people out of AEZ -applies
• Handler must suspendapplication if workers or other people are in the AEZ – applies
AEZs in Outdoor Production
Applying at the edge of a field, where the whole field is the treated area.
Treated area (green)
AEZ (purple) Boundary of the field and the establishment (black line)
These workers are in a field on a different establishment.
• Ag employer must keep workers & other people out of AEZ – does not apply
• Handler must suspend application if workers or other people are in the AEZ – applies
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SUSPEND!There are workers from the neighboring field in the AEZ!
EVALUATE!Can you ask the workers to move somewhere else until you are done with the application?Yes, they agreed to move!
Proceed with caution.
AEZs on Field Borders
Nei
ghb
ori
ng F
ield
Yo
ur
Fie
ld
When the application is finished the AEZ no longer exists.
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SUSPEND!There are workers from the neighboring field in the AEZ, and they refuse to move!
EVALUATE!Can you ensure these workers won’t be contacted through drift?
WIND
Yes, the wind is blowing away from the workers and I can ensure that my application will not contact the workers in the other field.
Proceed with caution.
AEZs on Field Borders
Nei
ghb
ori
ng F
ield
Yo
ur
Fie
ld
When the application is finished the AEZ no longer exists.
Protections During Applications in Enclosed Space Production
Label statement
Handler employer & handler ensure application does not contact worker or other person
Ag employer must keep workers & other persons out of certain areas identified in table (170.405(b))
Handler must suspend application if worker or other person is in certain area (170.505(b))
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A. When a pesticide is
applied:
B. Workers and other
persons, other than
appropriately trained and
equipped handlers, are
prohibited in:
C. Until: D. After the expiration of time
specified in column C, the
area subject to the REI is:
(1) As a fumigant. Entire enclosed space plus any
adjacent structure or area that
cannot be sealed off from the
treated area.
The ventilation criteria of
paragraph (b)(3) of this section
are met.
No post-application entry
restrictions required by §
170.407 after criteria in column C
are met.
(2) As a
(i) Smoke, or
(ii) Mist, or
(iii) Fog, or
(iv) As a spray using a spray quality (droplet
spectrum) of smaller than medium (volume
median diameter of less than 294 microns).
Entire enclosed space.
The ventilation criteria of
paragraph (b)(3) of this section
are met.
Entire enclosed space.
(3) Not as in (1) or (2), and for which a respiratory
protection device is required for application by
the pesticide product labeling. Entire enclosed space.
The ventilation criteria of
paragraph (b)(3) of this section
are met.
Treated area.
(4) Not as in (1), (2) or (3), and:
(i) From a height of greater than 12 inches from
the planting medium, or
(ii) As a spray using a spray quality (droplet
spectrum) of medium or larger (volume median
diameter of 294 microns or greater).
Treated area plus 25 feet in all
directions of the treated area, but
not outside the enclosed space.
Application is complete.Treated area.
(5) Otherwise. Treated area. Application is complete. Treated area.
Entry Restrictions During Enclosed Space Production Pesticide Applications in 170.405(b)
Protections During Applications
Things that Employer could do to be in compliance:
Establish the procedures for communicating with handlers and/or with Commercial Handler about the requirements to suspend an application.
Generate procedures for communicating to employees about requirements to stay out of treated areas and the AEZ
Consider their routine application types/methods and spray equipment used to determine potential AEZs applicable to their establishment
For areas in their establishment located next to homes, schools or public areas and assess the potential for drift and or implement measures to prevent drift.
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Things that Handlers could do to be in compliance:
Follow the instructions and procedures that their employer given them and label directions about application procedures and keeping people out the area being sprayed or treated (AEZ).
Follow the procedures for assessing the potential for drift and take measures to prevent drift before and during the application.
Be familiar with what to do routinely if they see persons that appear to be too close to the application equipment or in the (AEZ).
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Protections During Applications
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Protections During ApplicationsThings that Workers could do to be
protected: Ask and receive information about areas being
sprayed/treated.
Follow the instructions about keeping out of areas being sprayed.
If working nearby ongoing pesticide application or to close leave the area and notify the supervisor inmediatly.
If they think that they have been expose to pesticides follow decontamination procedures , notify their employee and see medical attention.
Restrictions after applications (REI)
Early Entry workers, early entry restrictions, short term tasks, limited-contact tasks, emergency tasks
and specific tasks.
WPS Goal No.1- Protection
Restrictions during and after applications (REI)
REI- Restricted Entry Intervals - Amount of time that must pass before worker enter treated area.
Agricultural Use Requirements
Use this product only in accordance with its labeling and with the Worker Protection Standard 40 CFR Part 170. This standard contains requirements for the protection of
agricultural workers on farm, forests, nurseries, and greenhouses, and handlers of agricultural pesticides. It contains requirements for training, decontamination,
notification, and emergency assistance. It also contains specific instructions and exceptions pertaining personal protective equipment (PPE), notification to workers, and restricted-entry intervals (REI). The requirements in this box only apply to uses of
this product that are covered by the Worker Protection Standard.
Do not enter or allow worker entry into treated areas during the REI of 7 days.
Early Entry Exceptions (170.601) Exemption for owners of
agricultural establishmentsand their immediate families.
Exemption for certified cropadvisors. Certified crop advisors may make their own determination for the appropriate personal protective equipment.
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Restrictions during and after applications (REI)
Restrictions during and after
applications (REI)
Exception for activities with no contact. (No contact activities, no entry until any inhalationexposure level listed in the label or ventilationcriteria has been reach.
Exception for short-term activities. No handlabor, no more than 1 hr in any 24 hrs period, no entry in the first 4 hrs, no entry until anyinhalation exposure level listed in the label orventilation criteria has been reach.
Early Entry Exceptions for Workers (170.603)
Restrictions during and after
applications (REI)
Early Entry Exceptions for Workers (170.603) Exception for an agricultural emergency.
The agricultural employer could not have anticipated and has no control.
The state or FDACS declares an agricultureemergency.
No hand labor, no more than 4 hr in any 24 hrs period for double notification products, no entry in the first 4 hrs, no entry until anyinhalation exposure level listed in the labelor ventilation criteria has been reach.
Restrictions during and after
applications (REI)
Early Entry Exceptions for Workers (170.603)
Exceptions for limited contact and irrigation activities.
No hand labor.
No more than 8 hrs in any 24 hrs period.
No entry in the first 4 hrs
No entry until any inhalation exposurelevel listed in the label or ventilationcriteria has been reach.
The worker has no contact with pesticide-treated surfaces.
No double notification product
Requirements for Protection of Pesticide Handlers:
Training requirements for handlers. (SeeGoal #2 Information)
Knowledge of labeling, application-specific, and establishment specificinformation for handlers. (See Goal #2 Information)
Requirements during applications to protect handlers, workers, and other persons.
Personal protective equipment. (PPE)
Decontamination and eye flushingsupplies for handlers.
Requirements during applications to protect handlers, workers & other persons
Handlers using highly toxicpesticides like products that has the skull-andcrossbonessymbol on their label must be monitored visually or by voice communication at leastevery two hours
Handler employer of handlers using fumigants in enclosed space productionmust maintains continuousvisual or voice contact with another handler stationed immediately outside of the enclosed space and with access to PPE required by the labeling in the event that entry becomes necessary
Requirements during applications to protect handlers, workers & other persons
Goal No. 1 Protection - PPE
Handler responsibilities. Any person who performs handler
activities involving a pesticide product must use the clothing and personal protective equipment specified on the pesticide product labeling for use of the product, except as provided in § 170.607 of this part.
Goal No. 1 Protection - PPE
Handler Employer mustproviding personal protective equipment.
The handler employer must ensure that the personal protective equipment is clean, in proper operatingcondition and meets therequeriments (170.507)
Goal No. 1 Protection – PPERespirators
The respirator specified by the pesticide product labeling must be used.
Handler employer must provide handlers with fit testing, medical evaluation and training in the use of the respirator.
Records for fix test, training and medicalevaluation must be mantain for two years, at the establishment.
Goal No. 1 Protection - PPE The handler employer must ensure that personal
protective equipment (PPE) is used correctly for its intended purpose and is used according to themanufacturer’s instructions.
Must ensure 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 discard.
Must ensure that all personal protective equipment is cleaned according to the manufacturer’s instructions. In the absence of any such instructions, it must be washed thoroughly in detergent and hot water.
Heavily contaminated PPE should be made and mark as unusable.
Goal No. 1 Protection Minimum Age Requirements
The rule establishes a minimum age of 18 for handlers and early entry workers
The Fair Labor Standards Act (FLSA) establishes a minimum age of 16 for youth in agriculture engaged in occupations deemed hazardous by the Secretary of Labor. 29 U.S.C. 213(c)(2). This includes persons handling toxicity category I and II pesticides in agriculture. 29 CFR 570.71(a)(9).
By regulation, DOL prohibits youth under the age of 16 engaged in nonagricultural employment from any work involving pesticides unless employed by a parent or someone standing in place of the parent. 29 CFR 570.32.
The FLSA prevents DOL from taking any action to protect workers over 16 years old in agriculture.
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Goal No. 2 InformationPesticide Safety Information available at Central
Location
Employer must display application information and SDS at central location within 24 hours of end of application and before workers enter that treated area.
Display both for 30 days after REI expires.
Keep application information and SDS recordsfor 2 years from end of REI
Make available to workers, handlers, designated representatives (in writing) or treating medical personnel upon request.
Goal No. 2 Information Pesticide safety information
(poster) must be displayed also anywhere that decontamination supplies must be provided on the agricultural establishment according to the rule, but only when the decontamination supplies are located at permanent sites or being provided at locations and in quantities to meet the requirements for 11 or more workers or handlers. [170.309(h), 170.311(a)(5)]
Goal No. 2 Information
Information can be displayed in any format. Keep the 7 concepts about preventing pesticides from entering your body. Instructions for employees to seek medical attention ASAP if they were made ill by pesticides. Name, address and telephone number of state or tribal pesticide regulatory agency. Includes a nearby operating medical care facility.
Goal No. 2 InformationPesticide Safety Training
Annual training. [170.401(a), 170.501(a)]
No grace period. [170.401(a), 170.501(a)]
Trainer must be a Certified applicators, state/Tribal/Federal approved trainers, or a person who have completed an EPA-approved train-the-trainer course. [170.401(c)(4)]
Goal No. 2 InformationPesticide Safety Training
Expand content included 24 itemsfor workers and handler training expanded to 36 items. Training on new content not required until 2 years from effective date of final rule. [170.401(c)(2), 170.501(c)(2)]
Keep records for 2 years. Give copyof record of training to workers and handlers upon their request.[170.401(d), 170.501(d)]
Goal No. 2 InformationNotification of Applications
Post warning sign if REI is greater than 48 hours (outdoor applications) or 4 hours (enclosed space applications (e.g., greenhouses); otherwise option for posting or oral notification unless label requires both. [170.409(a)]
Goal No. 2 InformationInformation Exchange
Agricultural employer must provide application information on treated areas the handler may be in (¼ mile of). Handler employer must notify before the application begins for certain changes and within 2 hours of end of application, unless only change was less than 1 hour difference in application time. [170.309(k) and 170.313(i) and (j)]
Goal No. 3 MitigationDecontamination Supplies Workers
Agricultural employer must providedecontamination supplies forroutine washing and emergencydecontamination.
The decontamination supplies must include at least 1 gallon of water per worker at the beginning of each worker’s work period for routine washing and emergencydecontamination, soap, and single-use towels.
Goal No. 3 MitigationDecontamination Supplies for Workers
The employer must ensure that the water is of a quality and temperature.
If a water source is used for mixing pesticides, it must beequipped with anti-backflow , check valves, or an air gap to prevent contamination.
The agricultural employer mustprovide water, soap and single-use towels. Wet towelettes do not meet the requirement for single-use towels
Goal No. 3 MitigationDecontamination Supplies Workers
Applications with a restricted-entry interval (REI) greaterthan four hours, the decontamination supplies must beprovided from the time workers first enter the treated area until at least 30 days after the REI expires.
Applications REI of four hours or less, the decontamination supplies must be provided from the time workers first enter the treated area until at least seven days after the REI expires.
REI 4 hrs
Goal No. 3 MitigationDecontamination Supplies Workers
• The decontaminationsupplies must be located together outside any treated area and must be reasonably accessible to the workers and no more than 1/4 mile from where workers are working.
Goal No. 3 MitigationDecontamination and eye flushing supplies for handlers
The handler employer must provide decontaminationand eye flushing supplies.
The decontamination supplies must include: at least three gallons of water per handler at the beginning of each handler’s work period for routine washing and potential emergency.
Soap; single-use towels; and clean clothing for use in an emergency.
The decontamination and eye flushing supplies must be at a quality and temperature that will not cause injures.
If a water source is used for mixing pesticides, it must be equipped with anti-backflow siphons, one-way or check valves, or an air gap sufficient to prevent contamination.
The handler employer must provide soap and single-use towels for drying in quantities sufficient to meet the handlers’ needs.
Goal No. 3 MitigationDecontamination and eye flushing supplies for handlers
Goal No. 3 MitigationDecontamination and eye flushing supplies for handlers
A clean change of clothing must be provide, such as coveralls, for use in an emergency.
The decontamination supplies must be locatedtogether outside any treated area or area subject to a restricted-entry interval, and accessible to each handler.
The decontamination supplies must not be more than 1/4 mile from the handler.
Goal No. 3 MitigationEye flushing supplies for handlers
When a handler is mixing or loading a pesticide product whose labeling requires protective eyewear, or is mixing or loading any pesticide using a closed system operating under pressure, thehandler employer must provide at each mixing/loading site immediately available to the handler, at least one system that is capable of delivering gently running water at a rate of least 0.4 gallons per minute forat least 15 minutes, or at least six gallons of water in containers suitable for same pruporses.
Goal No. 3 MitigationEye flushing supplies for handlers
Whenever a handler is applying a pesticide productwhose labeling requiresprotective eyewear forhandlers, the handler employer must provide at least one pint of water per handler in portablecontainers that are immediately available to each handler
Goal No. 3 MitigationEmergency assistance
Agricultural Employer Provide prompt transportation to medical facility.
Exchanged of information: Promptly provide the SDS,product information (name, EPA Reg. No and active ingredient) and circumstances of exposure to treating medical personnel.[170.309(f), 170.313(k)]
Goal No. 3 MitigationHeat-related illness
Where a pesticide’s labeling requires the use of personal protective equipment (PPE) for a handler activity, the handler employer must take appropriate measures to prevent heat-relatedillness.
Exemptions
The owner and immediate family exemption applies on establishments where at least a majority of the establishment is owned by immediate family members, i.e., a majority of the owners are related by one of the relationships contained in the “immediate family” definition. [170.601(a)]
Immediate family is limited to the spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and first cousins. ‘‘First cousin’’ means the child of a parent’s sibling, i.e., the child of an aunt or uncle. [170.305]
Exemptions
Owner of an agricultural establishment exempt from providing most WPS protections to himself and members of his immediately family.
The owner of the agricultural establishment must provide WPS protections to all workers, handlers and other persons who are not members of his immediate family.
The owner and his family members are not exempt from wear the PPE listed on the label and from fit testing and medical evaluation if respiratory protection is used.
Exemptions
Only certified crop advisors are exempt from labeling PPE and WPS requirements as specified in exemption.
Certified crop advisor employees must use label-required PPE while working in a field during an REI, and employer must provide all required WPS protections or rely on the PPE substitutions allowed under the crop advisors PPE exception. [170.601(b)]
Exemptions
Questions ?
FDACS CONTACTS FOR WPS
Questions?Ricardo Davalos
850-528-5402
