EPA s Approved Changes to the Worker Protection Standard (WPS)

Transcription

1 EPA s Approved Changes to the Worker Protection Standard (WPS) A highlight of major changes FDACS Ricardo Davalos Worker Safety Program Coordinator October 2015

2 What is the WPS? The Worker Protection Standard (WPS) is a regulation designed to provide workplace protections at work for agricultural workers and pesticide handlers and to prevent and/or reduce occupational pesticide exposure and illnesses.

3 Background EPA s Agricultural Worker Protection Regulation (40 CFR 170) was promulgated in 1992, but not implemented and enforced in the field until (Waiting for support materials to development.) The 2015 revisions will have as well a phase for implementation until necessary changes to training and compliance assistance materials are development for an effective implementation. (Time frame 14-26months from Publication)

4 Major Provisions Revised Absence of a minimum age for handlers of pesticides and agricultural workers engaged in early-entry activities. Inadequate hazard communication provisions. Insufficient training of agricultural workers before they face potential pesticide exposure. Unclear requirements regarding the decontamination supplies the WPS requires employers to provide. Insufficient recordkeeping to verify compliance with regulations.

5 Frequency of full training for workers and handlers Every 5 years for workers and handlers. Annual training. [ (a), (a)] (January 2, 2017)

6 Training grace period for workers 5-day grace period with abbreviated training. No grace period. [ (a), (a)] (January 2, 2017)

7 Qualifications of trainers for workers Handlers, certified applicators, State/Tribal/Federal approved trainers, and persons completing an approved train-thetrainer course Certified applicators, State/Tribal/Federal approved trainers, and persons who have completed an EPAapproved train-thetrainer course. [ (c)(4)] (January 2, 2017)

8 Expand training content for workers and handlers. 11 basic training items for workers and 13 items for handlers. Minimal training on reducing take-home exposure, reporting use violations, and prohibition from employer retaliation Keep existing and expand content to include most of the proposed points. Final worker training topics expanded to 23 items, and handler training expanded to 36 items. Training on new content not required until 2 years from effective date of final rule. [ (c)(2), (c)(2)] (January 1, 2018)

9 Recordkeeping of training No recordkeeping of training. Voluntary verification card system. Keep records for 2 years. Give copy of record of training to workers and handlers upon their request. [ (d), (d)] (January 2, 2017)

10 Content and Availability of Hazard Communications materials. Employer must display application-specific information at a central location before application occurs, or, if no workers or handlers are on the establishment, before next period workers/handlers are on establishment. Keep posted for 30 days after REI expires. No recordkeeping. 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 for 2 years from end of REI and make available to workers, handlers, designated representatives (in writing) or treating medical personnel upon request. Deleted authorized representative provision. [ (h), (b)] (January 2, 2017)

11 Notification of treated areas under an REI. Farms, forests and nurseries: Post warning sign or give oral notification for any REI, unless label requires both. Greenhouses: all applications require signs to be posted 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. [ (a)] (January 2, 2017)

12 Minimum age for handlers and early-entry workers No minimum age. Handlers and early-entry workers must be at least 18 years old. Members of owner s immediate family are exempt from this and most other requirements of the WPS. [ (c), (c), (a)] (January 2, 2017)

13 Handler (applicator) must suspend application in certain circumstances Handler must apply pesticides in a way to not contact workers or other persons. No specific requirement to suspend applications Handler must apply pesticides in a way to not contact workers or other persons. Handler must suspend (not cease) application if a worker or other person is in the application exclusion zone, a foot area around the application equipment. [ (b)] (January 1, 2018)

14 Application Exclusion Zones in Outdoor Production AEZ Treated area (green) ERA Treated area (green) Existing (nurseries) & proposal: Entry-restricted area is in purple Final: Application exclusion zone is in purple 14

15 AEZs in Outdoor Production Boundary of the field (black line) AEZ (purple) Treated area (green) Final: Treated area consists of a few rows of the field. Ag employer must keep workers & other people out of AEZ - applies Handler must suspend application if workers or other people are in the AEZ applies 15

16 AEZs in Outdoor Production These workers are in a field on the same establishment. Ag employer must keep workers & other people out of AEZ - applies Handler must suspend application if workers or other people are in the AEZ applies AEZ (purple) Boundary of the field (black line) Treated area (green) Final: Applying at the edge of a field, where the whole field is the treated area. 16

17 AEZs in Outdoor Production 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 AEZ (purple) Boundary of the field and the establishment (black line) Treated area (green) Final: Applying at the edge of a field, where the whole field is the treated area. 17

18 Display of pesticide safety information Display a safety poster at central location. Display pesticide safety information at central location and with decontamination supplies when supplies are located at a permanent site or at a location provided for 11 or more workers or handlers. [ (h), (a)(5)] (January 2, 2017)

19 Respirators Employer must provide Employer must provide respirator respirator listed on label and fit testing, training, and medical and ensure it fits. No evaluation that conforms to OSHA recordkeeping required. standards for any handler required to wear any respirator by the labeling. Require recordkeeping of completion of fit test, training, and medical evaluation. [ (b)(10)] (January 2, 2017)

20 Tight-Fitting Air-Purifying Respirators Half mask filtering facepiece respirator Half mask elastomeric respirator Full facepiece elastomeric respirator OSHA Small Entity Compliance Guide,

21 PPE exception for enclosed cabs Exceptions to the labeling PPE Maintain exception for dermal PPE when handling tasks are performed as in existing rule, but handlers in from inside an enclosed cab that enclosed cabs must wear the meets the specifications in the rule labeling-specified respiratory Exceptions to the labeling-required protection except when the only respiratory protection are allowed labeling-specified respiratory only if the cab has been certified protection is a particulate filtering by the manufacturer to provide facepiece respirator (NIOSH respiratory protection equivalent approval number prefix TC-84A), to the one required by the previously called a dust/mist pesticide labeling. filtering respirator. [ (e)] (January 2, 2017)

22 Quantity of water Provide enough water for routine washing and emergency eye flushing for workers and handlers. Also for handlers provide enough to wash entire body in emergency. Clarified requirement: Provide 1 gallon for each worker and 3 gallons for each handler and each early entry worker as measured at beginning of workers or handlers work period. [ (b), (b), (h)] (January 2, 2017)

23 Eye wash Provide enough water for Provide a system capable of emergency eye flushing. delivering 0.4 gallons/minute for 15 One pint of water in a minutes, or 6 gallons of water able portable container must be to flow gently for about 15 minutes available to each handler if at a mix/load site if handlers use eye protection is required. products requiring eye protection or use a pressurized closed system. One pint of water in a portable container must be available to handlers applying pesticides if eye protection is required. [ (d)] (January 2, 2017)

24 Exemption for farm owners and their immediate families Includes spouse, parents, stepparents, foster parents, children, stepchildren, foster children, brothers, and sisters. Expanded to include in-laws (parents, siblings, and children), grandparents, grandchildren, 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. [ ] (January 2, 2017)

25 Enclosed space production Greenhouse means an operation inside any structure or space that is enclosed with nonporous covering and that is of sufficient size to permit worker entry Clarify definition: enclosed space production that is 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. [ ] (January 2, 2017)

26 Questions?

27 FDACS CONTACTS FOR WPS Questions? Ricardo Davalos or