40 CFR Part 170 — Worker Protection Standard

PART 170—WORKER PROTECTION STANDARD Authority: 7 U.S.C. 136w. Source: 57 FR 38151, Aug. 21, 1992, unless otherwise noted. Subpart A—General Provisions § 170.1 Scope and purpose. This part contains a standard designed to reduce the risks of illness or injury resulting from workers' and handlers' occupational exposures to pesticides used in the production of agricultural plants on farms or in nurseries, greenhouses, and forests and also from the accidental exposure of workers and other persons to such pesticides. It requires workplace practices designed to reduce or eliminate exposure to pesticides and establishes procedures for responding to exposure-related emergencies. § 170.2 Implementation and expiration dates. (a) Implementation date. (b) Expiration date. [80 FR 67556, Nov. 2, 2015] § 170.3 Definitions. Terms used in this part have the same meanings they have in the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. In addition, the following terms, when used in this part, shall have the following meanings: Agricultural employer Agricultural establishment Agricultural plant Chemigation Commercial pesticide handling establishment (1) Employs any person, including a self-employed person, to apply on an agricultural establishment, pesticides used in the production of agricultural plants. (2) Employs any person, including a self-employed person, to perform on an agricultural establishment, tasks as a crop advisor. Crop advisor Early entry Farm Forest Fumigant Greenhouse Hand labor Handler (1) Who is employed for any type of compensation by an agricultural establishment or commercial pesticide handling establishment to which subpart C of this part applies and who is: (i) Mixing, loading, transferring, or applying pesticides. (ii) Disposing of pesticides or pesticide containers. (iii) Handling opened containers of pesticides. (iv) Acting as a flagger. (v) Cleaning, adjusting, handling, or repairing the parts of mixing, loading, or application equipment that may contain pesticide residues. (vi) Assisting with the application of pesticides. (vii) Entering a greenhouse or other enclosed area after the application and before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established by this part (§ 170.110(c)(3)) or in the labeling has been met: (A) To operate ventilation equipment. (B) To adjust or remove coverings used in fumigation. (C) To monitor air levels. (viii) Entering a treated area outdoors after application of any soil fumigant to adjust or remove soil coverings such as tarpaulins. (ix) Performing tasks as a crop advisor: (A) During any pesticide application. (B) Before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established by this part (§ 170.110(c)(3)) or in the labeling has been met. (C) During any restricted-entry interval. (2) The term does not include any person who is only handling pesticide containers that have been emptied or cleaned according to pesticide product labeling instructions or, in the absence of such instructions, have been subjected to triple-rinsing or its equivalent. Handler employer Immediate family Nursery Owner Restricted-entry interval Treated area Worker § 170.7 General duties and prohibited actions. (a) General duties. (1) Assure that each worker subject to subpart B of this part or each handler subject to subpart C of this part receives the protections required by this part. (2) Assure that any pesticide to which subpart C of this part applies is used in a manner consistent with the labeling of the pesticide, including the requirements of this part. (3) Provide, to each person who supervises any worker or handler, information and directions sufficient to assure that each worker or handler receives the protections required by this part. Such information and directions shall specify which persons are responsible for actions required to comply with this part. (4) Require each person who supervises any worker or handler to assure compliance by the worker or handler with the provisions of this part and to assure that the worker or handler receives the protections required by this part. (b) Prohibited actions. § 170.9 Violations of this part. (a) Under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq. (1) Preapplication activities, including, but not limited to: (i) Arranging for the application of the pesticide; (ii) Mixing and loading the pesticide; and (iii) Making necessary preparations for the application of the pesticide, including responsibilities related to worker notification, training of handlers, decontamination, use and care of personal protective equipment, emergency information, and heat stress management. (2) Application of the pesticide. (3) Post-application activities necessary to reduce the risks of illness and injury resulting from handlers' and workers' occupational exposures to pesticide residues during the restricted-entry interval plus 30 days. These activities include, but are not limited to, responsibilities related to worker training, notification, and decontamination. (4) Other pesticide-related activities, including, but not limited to, providing emergency assistance, transporting or storing pesticides that have been opened, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials. (b) A person who has a duty under this part, as referenced on the pesticide product label, and who fails to perform that duty, violates FIFRA section 12(a)(2)(G) and is subject to a civil penalty under section 14. A person who knowingly violates section 12(a)(2)(G) is subject to section 14 criminal sanctions. (c) FIFRA section 14(b)(4) provides that a person is liable for a penalty under FIFRA if another person employed by or acting for that person violates any provision of FIFRA. The term “acting for” includes both employment and contractual relationships. (d) The requirements of this part, including the decontamination requirements, shall not, for the purposes of section 653(b)(1) of title 29 of the U.S. Code, be deemed to be the exercise of statutory authority to prescribe or enforce standards or regulations affecting the general sanitary hazards addressed by the OSHA Field Sanitation Standard, 29 CFR 1928.110, or other agricultural, nonpesticide hazards. Subpart B—Standard for Workers § 170.102 Applicability of this subpart. Except as provided by §§ 170.103 and 170.104, this subpart applies when any pesticide product is used on an agricultural establishment in the production of agricultural plants. [60 FR 21952, May 3, 1995] § 170.103 Exceptions. Exceptions. (a) For mosquito abatement, Mediterranean fruit fly eradication, or similar wide-area public pest control programs sponsored by governmental entities; (b) On livestock or other animals, or in or about animal premises; (c) On plants grown for other than commercial or research purposes, which may include plants in habitations, home fruit and vegetable gardens, and home greenhouses; (d) On plants that are in ornamental gardens, parks, and public or private lawns and grounds that are intended only for aesthetic purposes or climatic modification; (e) By injection directly into agricultural plants. Direct injection does not include “hack and squirt,” “frill and spray,” chemigation, soil-incorporation, or soil-injection; (f) In a manner not directly related to the production of agricultural plants, including, but not limited to, structural pest control, control of vegetation along rights-of-way and in other noncrop areas, and pasture and rangeland use; (g) For control of vertebrate pests; (h) As attractants or repellents in traps; (i) On the harvested portions of agricultural plants or on harvested timber; and (j) For research uses of unregistered pesticides. [57 FR 38151, Aug. 21, 1992. Redesignated at 60 FR 21952, May 3, 1995] § 170.104 Exemptions. The workers listed in this section are exempt from the specified provisions of this subpart. (a) Owners of agricultural establishments. (i) Section 170.112(c)(5) through (9). (ii) Section 170.112(c)(5) through (9) as referenced in §§ 170.112(d)(2)(iii) and 170.112(e). (iii) Section 170.120. (iv) Section 170.122. (v) Section 170.130. (vi) Section 170.135. (vii) Section 170.150. (viii) Section 170.160. (2) The owner of the agricultural establishment must provide the protections listed in paragraph (a)(1)(i) through (viii) of this section to other workers and other persons who are not members of his immediate family. (b) Crop advisors. (i) Section 170.150. (ii) Section 170.160. A person is under the direct supervision of a crop advisor when the crop advisor exerts the supervisory controls set out in paragraphs (b)(2)(iii) and (iv) of this section. Direct supervision does not require that the crop advisor be physically present at all times, but the crop advisor must be readily accessible to the employees at all times. (2) Conditions of exemption. (i) The certification or licensing program requires pesticide safety training that includes, at least, all the information in § 170.230(c)(4). (ii) Applies only when performing crop advising tasks in the treated area. (iii) The crop advisor must make specific determinations regarding the appropriate personal protective equipment, appropriate decontamination supplies, and how to conduct the tasks safely. The crop advisor must convey this information to each person under his direct supervision in a language that the person understands. (iv) Before entering a treated area, the certified or licensed crop advisor must inform, through an established practice of communication, each person under his direct supervision of the pesticide product and active ingredient(s) applied, method of application, time of application, the restricted entry interval, which tasks to undertake, and how to contact the crop advisor. [60 FR 21952, May 3, 1995, as amended at 73 FR 75598, Dec. 12, 2008] § 170.110 Restrictions associated with pesticide applications. (a) Farms and forests. (b) Nurseries. Table 1—Entry-Restricted Areas in Nurseries During Pesticide Applications A. During Application of a Pesticide: B. Workers are Prohibited in: (1)(a) Applied: Treated area plus 100 feet in all directions on the nursery (i) Aerially, or (ii) In an upward direction, or (iii) Using a spray pressure greater than 150 psi, or (b) Applied as a: (i) Fumigant, or (ii) Smoke, or (iii) Mist, or (iv) Fog, or (v) Aerosol. (2)(a) Applied downward using: Treated are plus 25 feet in all directions on the nursery (i) A height of greater than 12 inches from the planting medium, or (ii) A fine spray, or (iii) A spray pressure greater than 40 psi and less than 150 psi. (b) Not as in 1 or 2(a) above but for which a respiratory protection device is required for application by the product labeling. (3) Applied otherwise. Treated area (c) Greenhouses. (2) After the time specified in column C of Table 2 under paragraph (c)(4) of this section has expired, until the expiration of any restricted-entry interval, the agricultural employer shall not allow or direct any worker to enter or to remain in the treated area as specified in column D of Table 2 under paragraph (c)(4) of this section, except as provided in § 170.112. (3) When column C of Table 2 under paragraph (c)(4) of this section specifies that ventilation criteria must be met, ventilation shall continue until the air concentration is measured to be equal to or less than the inhalation exposure level the labeling requires to be achieved. If no inhalation exposure level is listed on the labeling, ventilation shall continue until after: (i) Ten air exchanges are completed; or (ii) Two hours of ventilation using fans or other mechanical ventilating systems; or (iii) Four hours of ventilation using vents, windows or other passive ventilation; or (iv) Eleven hours with no ventilation followed by 1 hour of mechanical ventilation; or (v) Eleven hours with no ventilation followed by 2 hours of passive ventilation; or (vi) Twenty-four hours with no ventilation. (4) The following Table 2 applies to paragraphs (c) (1), (2), and (3) of this section. Table 2—Greenhouse Entry Restrictions Associated With Pesticide Applications A. When a Pesticide is Applied: B. Workers are Prohibited in: C. Until: D. After the Expiration of Time in Column C Until the Restricted-Entry Interval Expires, the Entry-Restricted Area is: (1) As a fumigant Entire greenhouse plus any adjacent structure that cannot be sealed off from the treated area The ventilation criteria of paragraph (c)(3) of this section are met No entry restrictions after criteria in column C are met (2) As a Entire enclosed area The ventilation criteria of paragraph (c)(3) of this section are met Entire enclosed area is the treated area (i) Smoke, or (ii) Mist, or (iii) Fog, or (iv) Aerosol (3) Not in 1 or 2 above, and for which a respiratory protection device is required for application by the product labeling Entire enclosed area The ventilation criteria of paragraph (c)(3) of this section are met Treated area (4) Not in 1, 2, or 3 above, and: Treated area plus 25 feet in all directions in the enclosed area Application is complete Treated area (i) From a height of greater than 12 in. from the planting medium, or (ii) As a fine spray, or (iii) Using a spray pressure greater than 40 psi (5) Otherwise Treated area Application is complete Treated area § 170.112 Entry restrictions. (a) General restrictions. (2) Entry-restricted areas in greenhouses are specified in column D in table 2 under § 170.110(c)(4). (3) When two or more pesticides are applied at the same time, the restricted-entry interval shall be the longest of the applicable intervals. (4) The agricultural employer shall assure that any worker who enters a treated area under a restricted-entry interval as permitted by paragraphs (c), (d), and (e) of this section uses the personal protective equipment specified in the product labeling for early-entry workers and follows any other requirements on the pesticide labeling regarding early entry. (b) Exception for activities with no contact. (1) The worker will have no contact with anything that has been treated with the pesticide to which the restricted-entry interval applies, including, but not limited to, soil, water, air, or surfaces of plants; and (2) No such entry is allowed until any inhalation exposure level listed in the labeling has been reached or any ventilation criteria established by § 170.110(c)(3) or in the labeling have been met. (c) Exception for short-term activities. (1) No hand labor activity is performed. (2) The time in treated areas under a restricted-entry interval for any worker does not exceed 1 hour in any 24-hour period. (3) No such entry is allowed for the first 4 hours following the end of the application, and no such entry is allowed thereafter until any inhalation exposure level listed in the labeling has been reached or any ventilation criteria established by § 170.110(c)(3) or in the labeling have been met. (4) The personal protective equipment specified on the product labeling for early entry is provided to the worker. Such personal protective equipment shall conform to the following standards: (i) Personal protective equipment (PPE) means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respiratory protection devices, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear. (ii) Long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, socks, and other items of work clothing are not considered personal protective equipment for the purposes of this section and are not subject to the requirements of this section, although pesticide labeling may require that such work clothing be worn during some activities. (iii) When “chemical-resistant” personal protective equipment is specified by the product labeling, it shall be made of material that allows no measurable movement of the pesticide being used through the material during use. (iv) When “waterproof” personal protective equipment is specified by the product labeling, it shall be made of material that allows no measurable movement of water or aqueous solutions through the material during use. (v) When a “chemical-resistant suit” is specified by the product labeling, it shall be a loose-fitting, one- or two-piece, chemical-resistant garment that covers, at a minimum, the entire body except head, hands, and feet. (vi) When “coveralls” are specified by the product labeling, they shall be a loose-fitting, one- or two-piece garment, such as a cotton or cotton and polyester coverall, that covers, at a minimum, the entire body except head, hands, and feet. The pesticide product labeling may specify that the coveralls be worn over a layer of clothing. If a chemical-resistant suit is substituted for coveralls, it need not be worn over a layer of clothing. (vii)(A) Gloves shall be of the type specified on the pesticide product labeling. Gloves made of leather, cotton, or other absorbent materials must not be worn for early-entry activities, unless gloves made of these materials are listed as acceptable for such use on the product labeling. If chemical-resistant gloves with sufficient durability and suppleness are not obtainable, leather gloves may be worn on top of chemical-resistant gloves. However, once leather gloves have been worn for this use, they shall not be worn thereafter for any other purpose, and they shall only be worn over chemical-resistant gloves. (B) Separable glove liners may be worn beneath chemical-resistant gloves, unless the pesticide product labeling specifically prohibits their use. Separable glove liners are defined as separate glove-like hand coverings made of lightweight material, with or without fingers. Work gloves made from lightweight cotton or poly-type material are considered to be glove liners if worn beneath chemical-resistant gloves. Separable glove liners may not extend outside the chemical-resistant gloves under which they are worn. Chemical-resistant gloves with non-separable absorbent lining materials are prohibited. (C) If used, separable glove liners must be discarded immediately after a total of no more than 10 hours of use or within 24 hours of when first put on, whichever comes first. The liners must be replaced immediately if directly contacted by pesticide. Used glove liners shall not be reused. Contaminated liners must be disposed of in accordance with any Federal, State, or local regulations. (viii) When “chemical-resistant footwear” is specified by the product labeling, it shall be one of the following types of footwear: chemical-resistant shoes, chemical-resistant boots, or chemical-resistant shoe coverings worn over shoes or boots. If chemical-resistant footwear with sufficient durability and a tread appropriate for wear in rough terrain is not obtainable for workers, then leather boots may be worn in such terrain. (ix) When “protective eyewear” is specified by the product labeling, it shall be one of the following types of eyewear: goggles; face shield; safety glasses with front, brow, and temple protection; or a full-face respirator. (x) When “chemical-resistant headgear” is specified by the product labeling, it shall be either a chemical-resistant hood or a chemical-resistant hat with a wide brim. (5) The agricultural employer shall assure that the worker, before entering the treated area, either has read the product labeling or has been informed, in a manner that the worker can understand, of all labeling requirements related to human hazards or precautions, first aid, symptoms of poisoning, personal protective equipment specified for early entry, and any other labeling requirements related to safe use. (6) The agricultural employer shall assure that: (i) Workers wear the personal protective equipment correctly for its intended purpose and use personal protective equipment according to manufacturer's instructions. (ii) 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 discarded. (iii) Personal protective equipment that cannot be cleaned properly is disposed of in accordance with any applicable Federal, State, and local regulations. (iv) All personal protective equipment is cleaned according to manufacturer's instructions or pesticide product labeling instructions before each day of reuse. In the absence of any such instructions, it shall be washed thoroughly in detergent and hot water. (v) Before being stored, all clean personal protective equipment is dried thoroughly or is put in a well-ventilated place to dry. (vi) Personal protective equipment contaminated with pesticides is kept separately and washed separately from any other clothing or laundry. (vii) Any person who cleans or launders personal protective equipment is informed that such equipment may be contaminated with pesticides, of the potentially harmful effects of exposure to pesticides, and of the correct way(s) to handle and clean personal protective equipment and to protect themselves when handling equipment contaminated with pesticides. (viii) All clean personal protective equipment is stored separately from personal clothing and apart from pesticide-contaminated areas. (ix) Each worker is instructed how to put on, use, and remove the personal protective equipment and is informed about the importance of washing thoroughly after removing personal protective equipment. (x) Each worker is instructed in the prevention, recognition, and first aid treatment of heat-related illness. (xi) Workers have a clean place(s) away from pesticide-storage and pesticide-use areas for storing personal clothing not in use; putting on personal protective equipment at the start of any exposure period; and removing personal protective equipment at the end of any exposure period. (7) When personal protective equipment is required by the labeling of any pesticide for early entry, the agricultural employer shall assure that no worker is allowed or directed to perform the early-entry activity without implementing, when appropriate, measures to prevent heat-related illness. (8) During any early-entry activity, the agricultural employer shall provide a decontamination site in accordance with § 170.150. (9) The agricultural employer shall not allow or direct any worker to wear home or to take home personal protective equipment contaminated with pesticides. (d) Exception for an agricultural emergency. (2) A worker may enter a treated area under a restricted-entry interval in an agricultural emergency to perform tasks, including hand labor tasks, necessary to mitigate the effects of the agricultural emergency, if the agricultural employer assures that all the following criteria are met: (i) A State, Tribal, or Federal Agency having jurisdiction declares the existence of circumstances that could cause an agricultural emergency on that agricultural establishment. (ii) The agricultural employer determines the agricultural establishment is subject to the circumstances declared under paragraph (d)(2)(i) of this section that result in an agricultural emergency meeting the criteria of paragraph (d)(1) of this section. (iii) The requirements of paragraphs (c) (3) through (9) of this section are met. (e) Exception requiring Agency approval. (1) Exception requiring agency approval. (i) The name, address, and telephone number of the submitter. (ii) The time period for which the exception is requested. (iii) A description of the crop(s) and specific crop production task(s) for which the exception is requested. Such a description must include an explanation as to the necessity of applying pesticides of a type and at a frequency such that the restricted-entry interval would interfere with necessary and time-sensitive hand labor tasks for the period for which the exception is sought. (iv) A description of the geographic area for which the exception is requested. If the exception request is for a limited geographic area, the explanation must include a description as to why the circumstances of exposure or economic impact resulting from the prohibition of routine hand labor tasks during the restricted-entry interval are unique to the geographic area named in the exception. (v) An explanation as to why, for each requested crop-task combination, alternative practices would not be technically or financially viable. Such alternative practices might include: rescheduling the pesticide application or hand labor activity; using a non-chemical pest control alternative; using an alternative to the hand labor tasks, such as machine cultivation; or substituting a pesticide with a shorter restricted-entry interval. This information should include estimates or data on per acre revenue and cost of production for the crop and area for which the exception is requested. These estimates or data should include: the situation prior to implementation of this final rule, the situation after implementation of this final rule if the exception is not granted, the situation after implementation of this final rule if the exception is granted, and specific information on individual factors which cause differences in revenues and costs among the three situations. (vi) A description or documentation of the safety and feasibility of such an exception, including, but not limited to, the feasibility of performing the necessary hand labor activity while wearing the personal protective equipment required for early entry for the pesticide(s) expected to be applied, the means of mitigating heat-related illness concerns, the period of time required daily per worker to perform the hand labor activity, any suggested methods of reducing the worker's exposure, and any other mitigating factors, such as the availability of running water for routine and emergency decontamination and mechanical devices that would reduce the workers' contact with the treated surfaces. The information should include the costs associated with early-entry, such as decontamination facilities, special information and training for the workers, heat stress avoidance procedures, and provision, inspection, cleaning, and maintenance of personal protective equipment. EPA will not grant exceptions where the costs of early entry equal or exceed the expected loss in value of crop yield or quality. (2) Notice of receipt. Federal Register (ii) If a request for an exception is submitted to the Agency without all of the information required in paragraph (e)(1) of this section, the Agency shall return the request to the submitter. (3) Exception decision. Federal Register (4) Presumptive denial. Federal Register (ii) Persons requesting an exception may not assume that the request has been denied as provided by paragraph (e)(4)(i) of this section if the Agency has taken action to extend its review period for a specified time interval due to the complexity of the exception request or to the number of exception requests concurrently under Agency review. EPA shall state the reason(s) for the delay in issuing a decision on the exception request. A notice of such an action may be published in the Federal Register (5) Agricultural employer duties. (6) Withdrawing an exception. Federal Register, Federal Register (7) List of exceptions granted by EPA. Federal Register Federal Register (i) Exception to perform irrigation tasks under specified conditions published in the Federal Register (ii) Exceptions to perform limited contact tasks under specified conditions published in the Federal Register [57 FR 38151, Aug. 21, 1992, as amended at 59 FR 30264, June 10, 1994; 60 FR 21954, May 3, 1995; 62 FR 52003, Oct. 3, 1997; 69 FR 53346, Sept. 1, 2004; 71 FR 35546, June 21, 2006; 73 FR 75598, Dec. 12, 2008] § 170.120 Notice of applications. (a) Notification to workers of pesticide applications in greenhouses. (1) All pesticide applications shall be posted in accordance with paragraph (c) of this section. (2) If the pesticide product labeling has a statement requiring both the posting of treated areas and oral notification to workers, the agricultural employer shall also provide oral notification of the application to the worker in accordance with paragraph (d) of this section. (3) Notice need not be given to a worker if the agricultural employer can assure that one of the following is met: (i) From the start of the application until the end of the application and during any restricted-entry interval, the worker will not enter, work in, remain in, or pass through the greenhouse; or (ii) The worker applied (or supervised the application of) the pesticide for which the notice is intended and is aware of all information required by paragraphs (d)(1) through (3) of this section. (b) Notification to workers on farms, in nurseries, or in forests of pesticide applications. (1) If the pesticide product labeling has a statement requiring both the posting of treated areas and oral notification to workers, the agricultural employer shall post signs in accordance with paragraph (c) of this section and shall provide oral notification of the application to the worker in accordance with paragraph (d) of this section. (2) For any pesticide other than those for which the labeling requires both posting and oral notification of applications, the agricultural employer shall give notice of the application to the worker either by the posting of warning signs in accordance with paragraph (c) of this section or orally in accordance with paragraph (d) of this section, and shall inform the workers as to which method of notification is in effect. (3) Notice need not be given to a worker if the agricultural employer can assure that one of the following is met: (i) From the start of the application until the end of the application and during any restricted-entry interval, the worker will not enter, work in, remain in, or pass through on foot the treated area or any area within 1/4 (ii) The worker applied (or supervised the application of) the pesticide for which the notice is intended and is aware of all information required by (d)(1) through (3) of this section. (c) Posted warning signs. (1) The warning sign shall have a background color that contrasts with red. The words “DANGER” and “PELIGRO,” plus “PESTICIDES” and “PESTICIDAS,” shall be at the top of the sign, and the words “KEEP OUT” and “NO ENTRE” shall be at the bottom of the sign. Letters for all words must be clearly legible. A circle containing an upraised hand on the left and a stern face on the right must be near the center of the sign. The inside of the circle must be red, except that the hand and a large portion of the face must be in a shade that contrasts with red. The length of the hand must be at least twice the height of the smallest letters. The length of the face must be only slightly smaller than the hand. Additional information such as the name of the pesticide and the date of application may appear on the warning sign if it does not detract from the appearance of the sign or change the meaning of the required information. A black-and-white example of a warning sign meeting these requirements, other than the size requirements, follows: (2) The standard sign shall be at least 14 inches by 16 inches with letters at least 1 inch in height. Farms and forests shall use the standard size sign unless a smaller sign is necessary because the treated area is too small to accommodate a sign of this size. In nurseries and greenhouses, the agricultural employer may, at any time, use a sign smaller than the standard size sign. Whenever a small sign is used on any establishment, there are specific posting distances depending on the size of the lettering and symbol on the sign. If a sign is used with DANGER and PELIGRO in letters at least 7/8 1/2 7/16 1/4 1/2 7/16 1/4 1/2 (3) The employer may replace the Spanish portion of the warning sign with a non-English language read by the largest group of workers who do not read English. The replacement sign must be in the same format as the original sign and be visible and legible. (4) On farms and in forests and nurseries, the signs shall be visible from all usual points of worker entry to the treated area, including at least each access road, each border with any labor camp adjacent to the treated area, and each footpath and other walking route that enters the treated area. When there are no usual points of worker entry, signs shall be posted in the corners of the treated area or in any other location affording maximum visibility. (5) In greenhouses, the signs shall be posted so they are visible from all usual points of worker entry to the treated area including each aisle or other walking route that enters the treated area. When there are no usual points of worker entry to the treated area, signs shall be posted in the corners of the treated area or in any other location affording maximum visibility. (6) The signs shall: (i) Be posted no sooner than 24 hours before the scheduled application of the pesticide. (ii) Remain posted throughout the application and any restricted-entry interval. (iii) Be removed within 3 days after the end of the application and any restricted-entry interval and before agricultural-worker entry is permitted, other than entry permitted by § 170.112. (7) The signs shall remain visible and legible during the time they are posted. (8) When several contiguous areas are to be treated with pesticides on a rotating or sequential basis, the entire area may be posted. Worker entry, other than entry permitted by § 170.112, is prohibited for the entire area while the signs are posted. (d) Oral warnings. (1) The location and description of the treated area. (2) The time during which entry is restricted. (3) Instructions not to enter the treated area until the restricted-entry interval has expired. [57 FR 38151, Aug. 21, 1992, as amended at 61 FR 33207, June 26, 1996] § 170.122 Providing specific information about applications. When workers are on an agricultural establishment and, within the last 30 days, a pesticide covered by this subpart has been applied on the establishment or a restricted-entry interval has been in effect, the agricultural employer shall display, in accordance with this section, specific information about the pesticide. (a) Location, accessibility, and legibility. (b) Timing. (2) The information shall be posted before the application takes place, if workers will be on the establishment during application. Otherwise, the information shall be posted at the beginning of any worker's first work period. (3) The information shall continue to be displayed for at least 30 days after the end of the restricted-entry interval (or, if there is no restricted-entry interval, for at least 30 days after the end of the application) or at least until workers are no longer on the establishment, whichever is earlier. (c) Required information. (1) The location and description of the treated area. (2) The product name, EPA registration number, and active ingredient(s) of the pesticide. (3) The time and date the pesticide is to be applied. (4) The restricted-entry interval for the pesticide. § 170.124 Notice of applications to handler employers. Whenever handlers who are employed by a commercial pesticide handling establishment will be performing pesticide handling tasks on an agricultural establishment, the agricultural employer shall provide to the handler employer, or assure that the handler employer is aware of, the following information concerning any areas on the agricultural establishment that the handler may be in (or may walk within 1/4 (a) Specific location and description of any such areas; and (b) Restrictions on entering those areas. § 170.130 Pesticide safety training for workers. (a) General requirement Agricultural employer assurance. (2) Requirement for workers performing early-entry activities. (3) Requirements for other agricultural workers Information before entry. (ii) Training before the 6th day of entry. (b) Exceptions. (1) A worker who is currently certified as an applicator of restricted-use pesticides under part 171 of this chapter. (2) A worker who satisfies the training requirements of part 171 of this chapter. (3) A worker who satisfies the handler training requirements of § 170.230(c). (4) A worker who is certified or licensed as a crop advisor by a program acknowledged as appropriate in writing by EPA or a State or Tribal lead agency for pesticide enforcement, provided that a requirement for such certification or licensing is pesticide safety training that includes all the information set out in § 170.230(c)(4). (c) Pesticide safety information. (1) Pesticides may be on or in plants, soil, irrigation water, or drifting from nearby applications. (2) Prevent pesticides from entering your body by: (i) Following directions and/or signs about keeping out of treated or restricted areas. (ii) Washing before eating, drinking, using chewing gum or tobacco, or using the toilet. (iii) Wearing work clothing that protects the body from pesticide residues. (iv) Washing/showering with soap and water, shampoo hair, and put on clean clothes after work. (v) Washing work clothes separately from other clothes before wearing them again. (vi) Washing immediately in the nearest clean water if pesticides are spilled or sprayed on the body. As soon as possible, shower, shampoo, and change into clean clothes. (3) Further training will be provided within 5 days. (d) Training programs. (2) The person who conducts the training shall meet at least one of the following criteria: (i) Be currently certified as an applicator of restricted-use pesticides under part 171 of this chapter; or (ii) Be currently designated as a trainer of certified applicators or pesticide handlers by a State, Federal, or Tribal agency having jurisdiction; or (iii) Have completed a pesticide safety train-the-trainer program approved by a State, Federal, or Tribal agency having jurisdiction; or (iv) Satisfy the training requirements in part 171 of this chapter or in § 170.230(c). (3) Any person who issues an EPA-approved Worker Protection Standard worker training certificate must assure that the worker who receives the training certificate has been trained in accordance with paragraph (d)(4) of this section. (4) The training materials shall convey, at a minimum, the following information: (i) Where and in what form pesticides may be encountered during work activities. (ii) Hazards of pesticides resulting from toxicity and exposure, including acute and chronic effects, delayed effects, and sensitization. (iii) Routes through which pesticides can enter the body. (iv) Signs and symptoms of common types of pesticide poisoning. (v) Emergency first aid for pesticide injuries or poisonings. (vi) How to obtain emergency medical care. (vii) Routine and emergency decontamination procedures, including emergency eyeflushing techniques. (viii) Hazards from chemigation and drift. (ix) Hazards from pesticide residues on clothing. (x) Warnings about taking pesticides or pesticide containers home. (xi) Requirements of this subpart designed to reduce the risks of illness or injury resulting from workers' occupational exposure to pesticides, including application and entry restrictions, the design of the warning sign, posting of warning signs, oral warnings, the availability of specific information about applications, and the protection against retaliatory acts. (e) Verification of training. (2) If the agricultural employer is aware or has reason to know that an EPA-approved Worker Protection Standard worker training certificate has not been issued in accordance with this section, or has not been issued to the worker bearing the certificate, or the training was completed more than 5 years before the beginning of the current month, a worker's possession of that certificate does not meet the requirements of paragraph (a) of this section. [57 FR 38151, Aug. 21, 1992, as amended at 60 FR 21947, 21952, May 3, 1995; 73 FR 75598, Dec. 12, 2008] § 170.135 Posted pesticide safety information. (a) Requirement. (b) Pesticide safety poster. (c) Emergency medical care information. (2) The agricultural employer shall inform workers promptly of any change to the information on emergency medical care facilities. (d) Location. (2) The information shall be displayed in a location in or near the forest in a place where it can be readily seen and read by workers and where workers are likely to congregate or pass by, such as at a decontamination site or an equipment storage site. (e) Accessibility. (f) Legibility. [57 FR 38151, Aug. 21, 1992, as amended at 80 FR 67556, Nov. 2, 2015] § 170.150 Decontamination. (a)(1) Requirement. (i) Any worker on the agricultural establishment is performing an activity in the area where a pesticide was applied or a restricted-entry interval (REI) was in effect within the last 30 days, and; (ii) The worker contacts anything that has been treated with the pesticide, including, but not limited to soil, water, plants, plant surfaces, and plant parts. (2) Exception. (b) General conditions. (2) When water stored in a tank is to be used for mixing pesticides, it shall not be used for decontamination or eyeflushing, unless the tank is equipped with properly functioning valves or other mechanisms that prevent movement of pesticides into the tank. (3) The agricultural employer shall provide soap and single-use towels in quantities sufficient to meet worker's needs. (4) To provide for emergency eyeflushing, the agricultural employer shall assure that at least 1 pint of water is immediately available to each worker who is performing early-entry activities permitted by § 170.112 and for which the pesticide labeling requires protective eyewear. The eyeflush water shall be carried by the early-entry worker, or shall be on the vehicle the early-entry worker is using, or shall be otherwise immediately accessible. (c) Location. 1/4 (2) For worker activities performed more than 1/4 (i) The soap, single-use towels, and water may be at the nearest place of vehicular access. (ii) The agricultural employer may permit workers to use clean water from springs, streams, lakes, or other sources for decontamination at the remote work site, if such water is more accessible than the water located at the nearest place of vehicular access. (3) The decontamination supplies shall not be maintained in an area being treated with pesticides. (4) The decontamination supplies shall not be maintained in an area that is under a restricted-entry interval, unless the workers for whom the supplies are provided are performing early-entry activities permitted by § 170.112 and involving contact with treated surfaces and the decontamination supplies would otherwise not be reasonably accessible to those workers. (d) Decontamination after early-entry activities. [57 FR 38151, Aug. 21, 1992, as amended at 61 FR 33212, June 26, 1996] § 170.160 Emergency assistance. If there is reason to believe that a person who is or has been employed on an agricultural establishment to perform tasks related to the production of agricultural plants has been poisoned or injured by exposure to pesticides used on the agricultural establishment, including, but not limited to, exposures from application, splash, spill, drift, or pesticide residues, the agricultural employer shall: (a) Make available to that person prompt transportation from the agricultural establishment, including any labor camp on the agricultural establishment, to an appropriate emergency medical facility. (b) Provide to that person or to treating medical personnel, promptly upon request, any obtainable information on: (1) Product name, EPA registration number, and active ingredients of any product to which that person might have been exposed. (2) Antidote, first aid, and other medical information from the product labeling. (3) The circumstances of application or use of the pesticide on the agricultural establishment. (4) The circumstances of exposure of that person to the pesticide. Subpart C—Standard for Pesticide Handlers § 170.202 Applicability of this subpart. Except as provided by §§ 170.203 and 170.204, this subpart applies when any pesticide is handled for use on an agricultural establishment. [60 FR 21952, May 3, 1995] § 170.203 Exceptions. Exceptions. (a) For mosquito abatement, Mediterranean fruit fly eradication, or similar wide-area public pest control programs sponsored by governmental entities. (b) On livestock or other animals, or in or about animal premises. (c) On plants grown for other than commercial or research purposes, which may include plants in habitations, home fruit and vegetable gardens, and home greenhouses. (d) On plants that are in ornamental gardens, parks, and public or private lawns and grounds and that are intended only for aesthetic purposes or climatic modification. (e) In a manner not directly related to the production of agricultural plants, including, but not limited to, structural pest control, control of vegetation along rights-of-way and in other noncrop areas, and pasture and rangeland use. (f) For control of vertebrate pests. (g) As attractants or repellents in traps. (h) On the harvested portions of agricultural plants or on harvested timber. (i) For research uses of unregistered pesticides. [57 FR 38151, Aug. 21, 1992. Redesignated at 60 FR 21952, May 3, 1995] § 170.204 Exemptions. The handlers listed in this section are exempt from the specified provisions of this subpart. (a) Owners of agricultural establishments. (i) Section 170.210(b) and (c). (ii) Section 170.222. (iii) Section 170.230. (iv) Section 170.232. (v) Section 170.234. (vi) Section 170.235. (vii) Section 170.240(e) through (g). (viii) Section 170.250. (ix) Section 170.260. (2) The owner of the agricultural establishment must provide the protections listed in paragraphs (a)(1) (i) through (ix) of this section to other handlers and other persons who are not members of his immediate family. (b) Crop advisors. (i) Section 170.232. (ii) Section 170.240. (iii) Section 170.250. (iv) Section 170.260. A person is under the direct supervision of a crop advisor when the crop advisor exerts the supervisory controls set out in paragraphs (b)(2)(iv) and (v) of this section. Direct supervision does not require that the crop advisor be physically present at all times, but the crop advisor must be readily accessible to the employees at all times. (2) Conditions of exemption. (ii) No entry into the treated area occurs until after application ends. (iii) Applies only when performing crop advising tasks in the treated area. (iv) The crop advisor must make specific determinations regarding the appropriate PPE, appropriate decontamination supplies, and how to conduct the tasks safely. The crop advisor must convey this information to each person under his direct supervision in a language that the person understands. (v) Before entering a treated area, the certified or licensed crop advisor must inform, through an established practice of communication, each person under his direct supervision of the pesticide products and active ingredient(s) applied, method of application, time of application, the restricted entry interval, which tasks to undertake, and how to contact the crop advisor. [60 FR 21953, May 3, 1995, as amended at 73 FR 75599, Dec. 12, 2008] § 170.210 Restrictions during applications. (a) Contact with workers and other persons. (b) Handlers handling highly toxic pesticides. (c) Fumigant applications in greenhouses. (1) That any handler who handles a fumigant in a greenhouse, including a handler who enters the greenhouse before the acceptable inhalation exposure level or ventilation criteria have been met to monitor air levels or to initiate ventilation, maintains continuous visual or voice contact with another handler. (2) That the other handler has immediate access to the personal protective equipment required by the fumigant labeling for handlers in the event entry into the fumigated greenhouse becomes necessary for rescue. § 170.222 Providing specific information about applications. When handlers (except those employed by a commercial pesticide handling establishment) are on an agricultural establishment and, within the last 30 days, a pesticide covered by this subpart has been applied on the establishment or a restricted-entry interval has been in effect, the handler employer shall display, in accordance with this section, specific information about the pesticide. (a) Location, accessibility, and legibility. (b) Timing. (2) The information shall be posted before the application takes place, if handlers (except those employed by a commercial pesticide handling establishment) will be on the establishment during application. Otherwise, the information shall be posted at the beginning of any such handler's first work period. (3) The information shall continue to be displayed for at least 30 days after the end of the restricted-entry interval (or, if there is no restricted-entry interval, for at least 30 days after the end of the application) or at least until the handlers are no longer on the establishment, whichever is earlier. (c) Required information. (1) The location and description of the treated area. (2) The product name, EPA registration number, and active ingredient(s) of the pesticide. (3) The time and date the pesticide is to be applied. (4) The restricted-entry interval for the pesticide. § 170.224 Notice of applications to agricultural employers. Before the application of any pesticide on or in an agricultural establishment, the handler employer shall provide the following information to any agricultural employer for the establishment or shall assure that any agricultural employer is aware of: (a) Specific location and description of the treated area. (b) Time and date of application. (c) Product name, EPA registration number, and active ingredient(s). (d) Restricted-entry interval. (e) Whether posting and oral notification are required. (f) Any other product-specific requirements on the product labeling concerning protection of workers or other persons during or after application. § 170.230 Pesticide safety training for handlers. (a) Requirement. (b) Exceptions. (1) A handler who is currently certified as an applicator of restricted-use pesticides under part 171 of this chapter. (2) A handler who satisfies the training requirements of part 171 of this chapter. (3) A handler who is certified or licensed as a crop advisor by a program acknowledged as appropriate in writing by EPA or a State or Tribal lead agency for pesticide enforcement, provided that a requirement for such certification or licensing is pesticide safety training that includes all the information set out in § 170.230(c)(4). (c) Training programs. (2) The person who conducts the training shall meet at least one of the following criteria: (i) Be currently certified as an applicator of restricted-use pesticides under part 171 of this chapter; or (ii) Be currently designated as a trainer of certified applicators or pesticide handlers by a State, Federal, or Tribal agency having jurisdiction; or (iii) Have completed a pesticide safety train-the-trainer program approved by a State, Federal, or Tribal agency having jurisdiction. (3) Any person who issues an EPA-approved Worker Protection Standard handler training certificate must assure that the handler who receives the training certificate has been trained in accordance with paragraph (c)(4) of this section. (4) The pesticide safety training materials must convey, at a minimum, the following information: (i) Format and meaning of information contained on pesticide labels and in labeling, including safety information such as precautionary statements about human health hazards. (ii) Hazards of pesticides resulting from toxicity and exposure, including acute and chronic effects, delayed effects, and sensitization. (iii) Routes by which pesticides can enter the body. (iv) Signs and symptoms of common types of pesticide poisoning. (v) Emergency first aid for pesticide injuries or poisonings. (vi) How to obtain emergency medical care. (vii) Routine and emergency decontamination procedures. (viii) Need for and appropriate use of personal protective equipment. (ix) Prevention, recognition, and first aid treatment of heat-related illness. (x) Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup. (xi) Environmental concerns such as drift, runoff, and wildlife hazards. (xii) Warnings about taking pesticides or pesticide containers home. (xiii) Requirements of this subpart that must be followed by handler employers for the protection of handlers and other persons, including the prohibition against applying pesticides in a manner that will cause contact with workers or other persons, the requirement to use personal protective equipment, the provisions for training and decontamination, and the protection against retaliatory acts. (d) Verification of training. (2) If the handler employer is aware or has reason to know that an EPA-approved Worker Protection Standard handler training certificate has not been issued in accordance with this section, or has not been issued to the handler bearing the certificate, or the handler training was completed more than 5 years before the beginning of the current month, a handler's possession of that certificate does not meet the requirements of paragraph (a) of this section. [57 FR 38151, Aug. 21, 1992, as amended at 60 FR 21953, May 3, 1995] § 170.232 Knowledge of labeling and site-specific information. (a) Knowledge of labeling information. (2) The handler employer shall assure that the handler has access to the product labeling information during handling activities. (b) Knowledge of site-specific information. 1/4 (1) Specific location and description of any such areas; and (2) Restrictions on entering those areas. § 170.234 Safe operation of equipment. (a) The handler employer shall assure that before the handler uses any equipment for mixing, loading, transferring, or applying pesticides, the handler is instructed in the safe operation of such equipment, including, when relevant, chemigation safety requirements and drift avoidance. (b) The handler employer shall assure that, before each day of use, equipment used for mixing, loading, transferring, or applying pesticides is inspected for leaks, clogging, and worn or damaged parts, and any damaged equipment is repaired or is replaced. (c) Before allowing any person to repair, clean, or adjust equipment that has been used to mix, load, transfer, or apply pesticides, the handler employer shall assure that pesticide residues have been removed from the equipment, unless the person doing the cleaning, repairing, or adjusting is a handler employed by the agricultural or commercial pesticide handling establishment. If pesticide residue removal is not feasible, the handler employer shall assure that the person who repairs, cleans, or adjusts such equipment is informed: (1) That such equipment may be contaminated with pesticides. (2) Of the potentially harmful effects of exposure to pesticides. (3) Of the correct way to handle such equipment. § 170.235 Posted pesticide safety information. (a) Requirement. (b) Pesticide safety poster. (c) Emergency medical care information. (2) The handler employer shall inform handlers promptly of any change to the information on emergency medical care facilities. (d) Location. (2) The information shall be displayed in a location in or near the forest in a place where it can be readily seen and read by handlers and where handlers are likely to congregate or pass by, such as at a decontamination site or an equipment storage site. (e) Accessibility. (f) Legibility. [57 FR 38151, Aug. 21, 1992, as amended at 80 FR 67556, Nov. 2, 2015] § 170.240 Personal protective equipment. (a) Requirement. (b) Definition. (2) Long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, socks, and other items of work clothing are not considered personal protective equipment for the purposes of this section and are not subject to the requirements of this section, although pesticide labeling may require that such work clothing be worn during some activities. (c) Provision. (1) When “chemical-resistant” personal protective equipment is specified by the product labeling, it shall be made of material that allows no measurable movement of the pesticide being used through the material during use. (2) When “waterproof” personal protective equipment is specified by the product labeling, it shall be made of material that allows no measurable movement of water or aqueous solutions through the material during use. (3) When a “chemical-resistant suit” is specified by the product labeling, it shall be a loose-fitting, one- or two-piece chemical-resistant garment that covers, at a minimum, the entire body except head, hands, and feet. (4) When “coveralls” are specified by the product labeling, they shall be a loose-fitting, one- or two-piece garment, such as a cotton or cotton and polyester coverall, that covers, at a minimum, the entire body except head, hands, and feet. The pesticide product labeling may specify that the coveralls be worn over another layer of clothing. (5)(i) Gloves shall be of the type specified on the pesticide product labeling. Gloves made of leather, cotton, or other absorbent materials may not be worn while mixing, loading, applying, or otherwise handling pesticides, unless gloves made of these materials are listed as acceptable for such use on the product labeling. (ii) Separable glove liners may be worn beneath chemical-resistant gloves, unless the pesticide product labeling specifically prohibits their use. Separable glove liners are defined as separate glove-like hand coverings, made of lightweight material, with or without fingers. Work gloves made from lightweight cotton or poly-type material are considered to be glove liners if worn beneath chemical-resistant gloves. Separable glove liners may not extend outside the chemical-resistant gloves under which they are worn. Chemical-resistant gloves with non-separable absorbent lining materials are prohibited. (iii) If used, separable glove liners must be discarded immediately after a total of no more than 10 hours of use or within 24 hours of when first put on, whichever comes first. The liners must be replaced immediately if directly contacted by pesticide. Used glove liners shall not be reused. Contaminated liners must be disposed of in accordance with any Federal, State, or local regulations. (6) When “chemical-resistant footwear” is specified by the product labeling, one of the following types of footwear must be worn: (i) Chemical-resistant shoes. (ii) Chemical-resistant boots. (iii) Chemical-resistant shoe coverings worn over shoes or boots. (7) When “protective eyewear” is specified by the product labeling, one of the following types of eyewear must be worn: (i) Goggles. (ii) Face shield. (iii) Safety glasses with front, brow, and temple protection. (iv) Full-face respirator. (8) When a “chemical-resistant apron” is specified by the product labeling, an apron that covers the front of the body from mid-chest to the knees shall be worn. (9) When a respirator is specified by the product labeling, it shall be appropriate for the pesticide product used and for the activity to be performed. The handler employer shall assure that the respirator fits correctly. (10) When “chemical-resistant headgear” is specified by the product labeling, it shall be either a chemical resistant hood or a chemical-resistant hat with a wide brim. (d) Exceptions to personal protective equipment specified on product labeling Body protection. (ii) A chemical-resistant suit may be substituted for “coveralls” and a chemical-resistant apron. (2) Boots. (3) Gloves. (4) Closed systems. (i) Persons using a closed system to mix or load pesticides with a signal word of DANGER or WARNING may substitute a long-sleeved shirt, long pants, shoes, socks, chemical-resistant apron, and any protective gloves specified on the labeling for handlers for the labeling-specified personal protective equipment. (ii) Persons using a closed system to mix or load pesticides other than those in paragraph (d)(4)(i) of this section or to perform other handling tasks may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling-specified personal protective equipment. (iii) Persons using a closed system that operates under pressure shall wear protective eyewear. (iv) Persons using a closed system shall have all labeling-specified personal protective equipment immediately available for use in an emergency. (5) Enclosed cabs. (i) Persons occupying an enclosed cab may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling-specified personal protective equipment. If a respiratory protection device is specified on the pesticide product labeling for the handling activity, it must be worn. (ii) Persons occupying an enclosed cab that has a properly functioning ventilation system which is used and maintained in accordance with the manufacturer's written operating instructions and which is declared in writing by the manufacturer or by a governmental agency to provide respiratory protection equivalent to or greater than a dust/mist filtering respirator may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling-specified personal protective equipment. If a respiratory protection device other than a dust/mist-filtering respirator is specified on the pesticide product labeling, it must be worn. (iii) Persons occupying an enclosed cab that has a properly functioning ventilation system which is used and maintained in accordance with the manufacturer's written operating instructions and which is declared in writing by the manufacturer or by a governmental agency to provide respiratory protection equivalent to or greater than the vapor- or gas-removing respirator specified on pesticide product labeling may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling-specified personal protective equipment. If an air-supplying respirator or a self-contained breathing apparatus (SCBA) is specified on the pesticide product labeling, it must be worn. (iv) Persons occupying an enclosed cab shall have all labeling-specified personal protective equipment immediately available and stored in a chemical-resistant container, such as a plastic bag. They shall wear such personal protective equipment if it is necessary to exit the cab and contact pesticide-treated surfaces in the treated area. Once personal protective equipment is worn in the treated area, it must be removed before reentering the cab. (6) Aerial application Use of gloves. (ii) Open cockpit. (iii) Enclosed cockpit. (7) Crop advisors. (i) Application has been completed for at least 4 hours. (ii) Any inhalation exposure level listed in the labeling has been reached or any ventilation criteria established by § 170.110(c)(3) or in the labeling have been met. (e) Use of personal protective equipment. (2) The handler employer shall assure 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 discarded. (f) Cleaning and maintenance. (2) If any personal protective equipment cannot be cleaned properly, the handler employer shall dispose of the personal protective equipment in accordance with any applicable Federal, State, and local regulations. Coveralls or other absorbent materials that have been drenched or heavily contaminated with an undiluted pesticide that has the signal word DANGER or WARNING on the label shall be not be reused. (3) The handler employer shall assure that contaminated personal protective equipment is kept separately and washed separately from any other clothing or laundry. (4) The handler employer shall assure that all clean personal protective equipment shall be either dried thoroughly before being stored or shall be put in a well ventilated place to dry. (5) The handler employer shall assure that all personal protective equipment is stored separately from personal clothing and apart from pesticide-contaminated areas. (6) The handler employer shall assure that when dust/mist filtering respirators are used, the filters shall be replaced: (i) When breathing resistance becomes excessive. (ii) When the filter element has physical damage or tears. (iii) According to manufacturer's recommendations or pesticide product labeling, whichever is more frequent. (iv) In the absence of any other instructions or indications of service life, at the end of each day's work period. (7) The handler employer shall assure that when gas- or vapor-removing respirators are used, the gas- or vapor-removing canisters or cartridges shall be replaced: (i) At the first indication of odor, taste, or irritation. (ii) According to manufacturer's recommendations or pesticide product labeling, whichever is more frequent. (iii) In the absence of any other instructions or indications of service life, at the end of each day's work period. (8) The handler employer shall inform any person who cleans or launders personal protective equipment: (i) That such equipment may be contaminated with pesticides. (ii) Of the potentially harmful effects of exposure to pesticides. (iii) Of the correct way(s) to clean personal protective equipment and to protect themselves when handling such equipment. (9) The handler employer shall assure that handlers have a clean place(s) away from pesticide storage and pesticide use areas where they may: (i) Store personal clothing not in use. (ii) Put on personal protective equipment at the start of any exposure period. (iii) Remove personal protective equipment at the end of any exposure period. (10) The handler employer shall not allow or direct any handler to wear home or to take home personal protective equipment contaminated with pesticides. (g) Heat-related illness. [57 FR 38151, Aug. 21, 1992, as amended at 69 FR 53346, Sept. 1, 2004] § 170.250 Decontamination. (a) Requirement. (b) General conditions. (2) When water stored in a tank is to be used for mixing pesticides, it shall not be used for decontamination or eye flushing, unless the tank is equipped with properly functioning valves or other mechanisms that prevent movement of pesticides into the tank. (3) The handler employer shall provide soap and single-use towels in quantities sufficient to meet handlers' needs. (4) The handler employer shall provide one clean change of clothing, such as coveralls, for use in an emergency. (c) Location. 1/4 (1) Exception for mixing sites. (2) Exception for pilots. (3) Exception for handling pesticides in remote areas. 1/4 (i) The soap, single-use towels, clean change of clothing, and water may be at the nearest place of vehicular access. (ii) The handler employer may permit handlers to use clean water from springs, streams, lakes, or other sources for decontamination at the remote work site, if such water is more accessible than the water located at the nearest place of vehicular access. (4) Decontamination supplies in treated areas. (i) The decontamination supplies are in the area where the handler is performing handling activities; (ii) The soap, single-use towels, and clean change of clothing are in enclosed containers; and (iii) The water is running tap water or is enclosed in a container. (d) Emergency eyeflushing. (e) Decontamination after handling activities. [57 FR 38151, Aug. 21, 1992, as amended at 61 FR 33213, June 26, 1996] § 170.260 Emergency assistance. If there is reason to believe that a person who is or has been employed by an agricultural establishment or commercial pesticide handling establishment to perform pesticide handling tasks has been poisoned or injured by exposure to pesticides as a result of that employment, including, but not limited to, exposures from handling tasks or from application, splash, spill, drift, or pesticide residues, the handler employer shall: (a) Make available to that person prompt transportation from the place of employment or the handling site to an appropriate emergency medical facility. (b) Provide to that person or to treating medical personnel, promptly upon request, any obtainable information on: (1) Product name, EPA registration number, and active ingredients of any product to which that person might have been exposed. (2) Antidote, first aid, and other medical information from the product labeling. (3) The circumstances of handling of the pesticide. (4) The circumstances of exposure of that person to the pesticide. Subpart D—General Provisions Source: 80 FR 67557, Nov. 2, 2015, unless otherwise noted. § 170.301 Scope and purpose. This regulation 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. It 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. It also requires handlers to wear the labeling-specified clothing and personal protective equipment when performing handler activities, and to take measures to protect workers and other persons during pesticide applications. § 170.303 Applicability of this part. (a) This regulation applies whenever a pesticide product bearing a label requiring compliance with this part is used in the production of agricultural plants on an agricultural establishment, except as provided in paragraphs (b) and (c) of this section. (b) This regulation does not apply when a pesticide product bearing a label requiring compliance with this part is used on an agricultural establishment in any of the following circumstances: (1) As part of government-sponsored public pest control programs over which the owner, agricultural employer and handler employer have no control, such as mosquito abatement and Mediterranean fruit fly eradication programs. (2) 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 or climatic modification. (3) For control of vertebrate pests, unless directly related to the production of an agricultural plant. (4) As attractants or repellents in traps. (5) On the harvested portions of agricultural plants or on harvested timber. (6) For research uses of unregistered pesticides. (7) On pasture and rangeland where the forage will not be harvested for hay. (8) In a manner not directly related to the production of agricultural plants, including, but not limited to structural pest control and control of vegetation in non-crop areas. (c) Where a pesticide product's labeling-specific directions for use or other labeling requirements are inconsistent with requirements of this part, users must comply with the pesticide product labeling, except as provided for in §§ 170.601, 170.603 and 170.607. § 170.305 Definitions. Terms used in this part have the same meanings they have in the Federal Insecticide, Fungicide, and Rodenticide Act, as amended. In addition, the following terms, when used in this part, shall have the following meanings: Agricultural employer Agricultural establishment Agricultural plant Application exclusion zone Chemigation Closed system Commercial pesticide handler employer Commercial pesticide handling establishment Crop advisor Designated representative Early entry Employ Enclosed cab Enclosed space production Fumigant Hand labor Handler (1) Mixing, loading, or applying pesticides. (2) Disposing of pesticides. (3) Handling opened containers of pesticides, emptying, triple-rinsing, or cleaning pesticide containers according to pesticide product labeling instructions, or disposing of pesticide containers that have not been cleaned. The term does not include any person who is only handling unopened pesticide containers or pesticide containers that have been emptied or cleaned according to pesticide product labeling instructions. (4) Acting as a flagger. (5) Cleaning, adjusting, handling, or repairing the parts of mixing, loading, or application equipment that may contain pesticide residues. (6) Assisting with the application of pesticides. (7) Entering an enclosed space after the application of a pesticide and before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established by § 170.405(b)(3) or the labeling has been met to operate ventilation equipment, monitor air levels, or adjust or remove coverings used in fumigation. (8) Entering a treated area outdoors after application of any soil fumigant during the labeling-specified entry-restricted period to adjust or remove coverings used in fumigation. (9) Performing tasks as a crop advisor during any pesticide application or restricted-entry interval, or before the inhalation exposure level listed in the pesticide product labeling has been reached or one of the ventilation criteria established by § 170.405(b)(3) or the pesticide product labeling has been met. Handler employer Immediate family i.e., Labor contractor Outdoor production Owner Personal protective equipment Restricted-entry interval Safety data sheet Treated area Use, as in “to use a pesticide” (1) Pre-application activities, including, but not limited to: (i) Arranging for the application of the pesticide. (ii) Mixing and loading the pesticide. (iii) Making necessary preparations for the application of the pesticide, including responsibilities related to worker notification, training of workers or handlers, providing decontamination supplies, providing pesticide safety information and pesticide application and hazard information, use and care of personal protective equipment, providing emergency assistance, and heat stress management. (2) Application of the pesticide. (3) Post-application activities intended to reduce the risks of illness and injury resulting from handlers' and workers' occupational exposures to pesticide residues during and after the restricted-entry interval, including responsibilities related to worker notification, training of workers or early-entry workers, providing decontamination supplies, providing pesticide safety information and pesticide application and hazard information, use and care of personal protective equipment, providing emergency assistance, and heat stress management. (4) Other pesticide-related activities, including, but not limited to, transporting or storing pesticides that have been opened, cleaning equipment, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials. Worker Worker housing area [80 FR 67557, Nov. 2, 2015, as amended at 85 FR 68781, Oct. 30, 2020] § 170.309 Agricultural employer duties. Agricultural employers must: (a) Ensure that any pesticide is used in a manner consistent with the pesticide product labeling, including the requirements of this part, when applied on the agricultural establishment. (b) Ensure that each worker and handler subject to this part receives the protections required by this part. (c) Ensure that any handler and any early entry worker is at least 18 years old. (d) Provide to each person, including labor contractors, who supervises any workers or handlers information and directions sufficient to ensure that each worker and handler receives the protections required by this part. Such information and directions must specify the tasks for which the supervisor is responsible in order to comply with the provisions of this part. (e) Require each person, including labor contractors, who supervises any workers or handlers to provide sufficient information and directions to each worker and handler to ensure that they can comply with the provisions of this part. (f) Provide emergency assistance in accordance with this paragraph. If there is reason to believe that a worker or handler has experienced a potential pesticide exposure during his or her employment on the agricultural establishment or shows symptoms similar to those associated with acute exposure to pesticides during or within 72 hours after his or her employment on the agricultural establishment, and needs emergency medical treatment, the agricultural employer must do all of the following promptly after learning of the possible poisoning or injury: (1) Make available to that person transportation from the agricultural establishment, including any worker housing area on the establishment, to an operating medical care facility capable of providing emergency medical treatment to a person exposed to pesticides. (2) Provide all of the following information to the treating medical personnel: (i) Copies of the applicable safety data sheet(s) and the product name(s), EPA registration number(s) and active ingredient(s) for each pesticide product to which the person may have been exposed. (ii) The circumstances of application or use of the pesticide on the agricultural establishment. (iii) The circumstances that could have resulted in exposure to the pesticide. (g) Ensure that workers or other persons employed by the agricultural establishment do not clean, repair, or adjust pesticide application equipment, unless trained as a handler under § 170.501. Before allowing any person not directly employed by the agricultural establishment to clean, repair, or adjust equipment that has been used to mix, load, transfer, or apply pesticides, the agricultural employer must provide all of the following information to such person: (1) Pesticide application equipment may be contaminated with pesticides. (2) The potentially harmful effects of exposure to pesticides. (3) Procedures for handling pesticide application equipment and for limiting exposure to pesticide residues. (4) Personal hygiene practices and decontamination procedures for preventing pesticide exposures and removing pesticide residues. (h) Display, maintain, and provide access to pesticide safety information and pesticide application and hazard information in accordance with § 170.311 if workers or handlers are on the establishment and within the last 30 days a pesticide product has been used or a restricted-entry interval for such pesticide has been in effect on the establishment. (i) Ensure that before a handler uses any equipment for mixing, loading, transferring, or applying pesticides, the handler is instructed in the safe operation of such equipment. (j) Ensure that before each day of use, equipment used for mixing, loading, transferring, or applying pesticides is inspected for leaks, clogging, and worn or damaged parts, and any damaged equipment is repaired or replaced. (k) Ensure that whenever handlers employed by a commercial pesticide handling establishment will be on an agricultural establishment, the handler employer is provided information about, or is aware of, the specific location and description of any treated areas on the agricultural establishment where a restricted-entry interval is in effect that the handler may be in (or may walk within 1/4 (l) Ensure that workers do not enter any area on the agricultural establishment where a pesticide has been applied until the applicable pesticide application and hazard information for each pesticide product applied to that area is displayed in accordance with § 170.311(b), and until after the restricted-entry interval has expired and all treated area warning signs have been removed or covered, except for entry permitted by § 170.603 of this part. (m) Provide any records or other information required by this part for inspection and copying upon request by an employee of EPA or any duly authorized representative of a Federal, State or Tribal government agency responsible for pesticide enforcement. § 170.311 Display requirements for pesticide safety information and pesticide application and hazard information. (a) Display of Pesticide Safety Information. (1) General. (2) Content prior to January 1, 2018. (i) Help keep pesticides from entering your body. Avoid getting on your skin or into your body any pesticides that may be on plants and soil, in irrigation water, or drifting from nearby applications. (ii) Wash before eating, drinking, using chewing gum or tobacco, or using the toilet. (iii) Wear work clothing that protects the body from pesticide residues (long-sleeved shirts, long pants, shoes and socks, and a hat or scarf). (iv) Wash or shower with soap and water, shampoo hair, and put on clean clothes after work. (v) Wash work clothes separately from other clothes before wearing them again. (vi) Wash immediately in the nearest clean water if pesticides are spilled or sprayed on the body. As soon as possible, shower, shampoo, and change into clean clothes. (vii) Follow directions about keeping out of treated or restricted areas. (viii) The name, address, and telephone number of a nearby operating medical care facility capable of providing emergency medical treatment. This information must be clearly identified as emergency medical contact information on the display. (ix) There are Federal rules to protect workers and handlers, including a requirement for safety training. (3) Content after January 1, 2018. (i) Avoid getting on the skin or into the body any pesticides that may be on or in plants, soil, irrigation water, tractors, and other equipment, on used personal protective equipment, or drifting from nearby applications. (ii) Wash before eating, drinking, using chewing gum or tobacco, or using the toilet. (iii) Wear work clothing that protects the body from pesticide residues (long-sleeved shirts, long pants, shoes and socks, and a hat or scarf). (iv) Wash or shower with soap and water, shampoo hair, and put on clean clothes after work. (v) Wash work clothes separately from other clothes before wearing them again. (vi) If pesticides are spilled or sprayed on the body use decontamination supplies to wash immediately, or rinse off in the nearest clean water, including springs, streams, lakes or other sources if more readily available than decontamination supplies, and as soon as possible, wash or shower with soap and water, shampoo hair, and change into clean clothes. (vii) Follow directions about keeping out of treated areas and application exclusion zones. (viii) Instructions to employees to seek medical attention as soon as possible if they believe they have been poisoned, injured or made ill by pesticides. (ix) The name, address, and telephone number of a nearby operating medical care facility capable of providing emergency medical treatment. This information must be clearly identified as emergency medical contact information on the display. (x) The name, address and telephone number of the State or Tribal pesticide regulatory agency. (4) Changes to pesticide safety information. (5) Location. (i) The site selected pursuant to § 170.311(b)(2) for display of pesticide application and hazard information. (ii) Anywhere that decontamination supplies must be provided on the agricultural establishment pursuant to § 170.411, § 170.509 or § 170.605, 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. (6) Accessibility. (7) Legibility. (b) Keeping and displaying pesticide application and hazard information. (1) Content. (i) A copy of the safety data sheet. (ii) The name, EPA registration number, and active ingredient(s) of the pesticide product. (iii) The crop or site treated and the location and description of the treated area. (iv) The date(s) and times the application started and ended. (v) The duration of the applicable labeling-specified restricted-entry interval for that application. (2) Location. (3) Accessibility. (4) Legibility. (5) Timing. (6) Record retention. (7) Access to pesticide application and hazard information by a worker or handler. (i) If a person is or was employed as a worker or handler by an establishment during the period that particular pesticide application and hazard information was required to be displayed and retained for two years in accordance with §§ 170.311(b)(5) and 170.311(b)(6), and the person requests a copy of such application and/or hazard information, or requests access to such application and/or hazard information after it is no longer required to be displayed, the agricultural employer must provide the worker or handler with a copy of or access to all of the requested information within 15 days of the receipt of any such request. The worker or handler may make the request orally or in writing. (ii) Whenever a record has been previously provided without cost to a worker or handler or their designated representative, the agricultural employer may charge reasonable, non-discriminatory administrative costs ( i.e., (8) Access to pesticide application and hazard information by treating medical personnel. (9) Access to pesticide application and hazard information by a designated representative. (i) Any worker's or handler's designated representative may request access to or a copy of any information required to be retained for two years by § 170.311(b)(6) on behalf of a worker or handler employed on the establishment during the period that the information was required to be displayed. The agricultural employer must provide access to or a copy of the requested information applicable to the worker's or handler's time of employment on the establishment within 15 days after receiving any such request, provided the request meets the requirements specified in § 170.311(b)(9)(ii). (ii) A request by a designated representative for access to or a copy of any pesticide application and/or hazard information must be in writing and must contain all of the following: (A) The name of the worker or handler being represented. (B) A description of the specific information being requested. The description should include the dates of employment of the worker or handler, the date or dates for which the records are requested, type of work conducted by the worker or handler (e.g., planting, harvesting, applying pesticides, mixing or loading pesticides) during the period for which the records are requested, and the specific application and/or hazard information requested. (C) A written statement clearly designating the representative to request pesticide application and hazard information on the worker's or handler's behalf, bearing the worker's or handler's printed name and signature, the date of the designation, and the printed name and contact information for the designated representative. (D) If the worker or handler requests that the pesticide application and/or the hazard information be sent, direction for where to send the information (e.g., mailing address or email address). (iii) If the written request from a designated representative contains all of the necessary information specified in § 170.313(b)(9)(ii), the employer must provide a copy of or access to all of the requested information applicable to the worker's or handler's time of employment on the establishment to the designated representative within 15 days of receiving the request. (iv) Whenever a record has been previously provided without cost to a worker or handler or their designated representative, the agricultural employer may charge reasonable, non-discriminatory administrative costs ( i.e., § 170.313 Commercial pesticide handler employer duties. Commercial pesticide handler employers must: (a) Ensure that any pesticide is used in a manner consistent with the pesticide product labeling, including the requirements of this part, when applied on an agricultural establishment by a handler employed by the commercial pesticide handling establishment. (b) Ensure each handler employed by the commercial pesticide handling establishment and subject to this part receives the protections required by this part. (c) Ensure that any handler employed by the commercial pesticide handling establishment is at least 18 years old. (d) Provide to each person, including labor contractors, who supervises any handlers employed by the commercial pesticide handling establishment, information and directions sufficient to ensure that each handler receives the protections required by this part. Such information and directions must specify the tasks for which the supervisor is responsible in order to comply with the provisions of this part. (e) Require each person, including labor contractors, who supervises any handlers employed by the commercial pesticide handling establishment, to provide sufficient information and directions to each handler to ensure that the handler can comply with the provisions of this part. (f) Ensure that before any handler employed by the commercial pesticide handling establishment uses any equipment for mixing, loading, transferring, or applying pesticides, the handler is instructed in the safe operation of such equipment. (g) Ensure that, before each day of use, equipment used by their employees for mixing, loading, transferring, or applying pesticides is inspected for leaks, obstructions, and worn or damaged parts, and any damaged equipment is repaired or is replaced. (h) Ensure that whenever a handler who is employed by a commercial pesticide handling establishment will be on an agricultural establishment, the handler is provided information about, or is aware of, the specific location and description of any treated areas where a restricted-entry interval is in effect, and the restrictions on entering those areas. (i) Provide the agricultural employer all of the following information before the application of any pesticide on an agricultural establishment: (1) Specific location(s) and description of the area(s) to be treated. (2) The date(s) and start and estimated end times of application. (3) Product name, EPA registration number, and active ingredient(s). (4) The labeling-specified restricted-entry interval applicable for the application. (5) Whether posting, oral notification or both are required under § 170.409. (6) Any restrictions or use directions on the pesticide product labeling that must be followed for protection of workers, handlers, or other persons during or after application. (j) If there are any changes to the information provided in § 170.313(i)(1), § 170.313(i)(4), § 170.313(i)(5), § 170.313(i)(6) or if the start time for the application will be earlier than originally forecasted or scheduled, ensure that the agricultural employer is provided updated information prior to the application. If there are any changes to any other information provided pursuant to § 170.313(i), the commercial pesticide handler employer must provide updated information to the agricultural employer within two hours after completing the application. Changes to the estimated application end time of less than one hour need not be reported to the agricultural employer. (k) Provide emergency assistance in accordance with this paragraph. If there is reason to believe that a handler employed by the commercial pesticide handling establishment has experienced a potential pesticide exposure during his or her employment by the commercial pesticide handling establishment or shows symptoms similar to those associated with acute exposure to pesticides during or within 72 hours after his or her employment by the commercial pesticide handling establishment, and needs emergency medical treatment, the commercial pesticide handler employer must do all of the following promptly after learning of the possible poisoning or injury: (1) Make available to that person transportation from the commercial pesticide handling establishment, or any agricultural establishment on which that handler may be working on behalf of the commercial pesticide handling establishment, to an operating medical care facility capable of providing emergency medical treatment to a person exposed to pesticides. (2) Provide all of the following information to the treating medical personnel: (i) Copies of the applicable safety data sheet(s) and the product name(s), EPA registration number(s) and active ingredient(s) for each pesticide product to which the person may have been exposed. (ii) The circumstances of application or use of the pesticide. (iii) The circumstances that could have resulted in exposure to the pesticide. (l) Ensure that persons directly employed by the commercial pesticide handling establishment do not clean, repair, or adjust pesticide application equipment, unless trained as a handler under § 170.501. Before allowing any person not directly employed by the commercial pesticide handling establishment to clean, repair, or adjust equipment that has been used to mix, load, transfer, or apply pesticides, the commercial pesticide handler employer must provide all of the following information to such persons: (1) Notice that the pesticide application equipment may be contaminated with pesticides. (2) The potentially harmful effects of exposure to pesticides. (3) Procedures for handling pesticide application equipment and for limiting exposure to pesticide residues. (4) Personal hygiene practices and decontamination procedures for preventing pesticide exposures and removing pesticide residues. (m) Provide any records or other information required by this part for inspection and copying upon request by an employee of EPA or any duly authorized representative of a Federal, State or Tribal government agency responsible for pesticide enforcement. § 170.315 Prohibited actions. No agricultural employer, commercial pesticide handler employer, or other person involved in the use of a pesticide to which this part applies, shall intimidate, threaten, coerce, or discriminate against any worker or handler for complying with or attempting to comply with this part, or because the worker or handler provided, caused to be provided or is about to provide information to the employer or the EPA or any duly authorized representative of a Federal, State or Tribal government regarding conduct that the worker or handler reasonably believes violates this part, has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing concerning compliance with this part, or has objected to, or refused to participate in, any activity, policy, practice, or assigned task that the worker or handler reasonably believed to be in violation of this part. Any such intimidation, threat, coercion, or discrimination violates FIFRA section 12(a)(2)(G), 7 U.S.C. 136j(a)(2)(G). § 170.317 Violations of this part. (a) Under FIFRA section 12(a)(2)(G), it is unlawful for any person “to use any registered pesticide in a manner inconsistent with its labeling.” When this part is referenced on a label, users must comply with all of its requirements, except those that are inconsistent with product-specific instructions on the pesticide product labeling, except as provided for in §§ 170.601, 170.603 and 170.607. (b) A person who has a duty under this part, as referenced on the pesticide product labeling, and who fails to perform that duty, violates FIFRA section 12(a)(2)(G) and is subject to a civil penalty under section 14. A person who knowingly violates section 12(a)(2)(G) is subject to section 14 criminal sanctions. (c) FIFRA section 14(b)(4) provides that a person is liable for a penalty under FIFRA if another person employed by or acting for that person violates any provision of FIFRA. The term “acting for” includes both employment and contractual relationships, including, but not limited to, labor contractors. (d) The requirements of this part, including the decontamination requirements, must not, for the purposes of section 653(b)(1) of Title 29 of the U.S. Code, be deemed to be the exercise of statutory authority to prescribe or enforce standards or regulations affecting the general sanitary hazards addressed by the OSHA Field Sanitation Standard, 29 CFR 1928.110, or other agricultural non-pesticide hazards. Subpart E—Requirements for Protection of Agricultural Workers Source: 80 FR 67562, Nov. 2, 2015, unless otherwise noted. § 170.401 Training requirements for workers. (a) General requirement. (b) Exceptions. (1) A worker who is currently certified as an applicator of restricted use pesticides under part 171 of this chapter. (2) A worker who has satisfied the handler training requirements in § 170.501. (3) A worker who is certified or licensed as a crop advisor by a program acknowledged as appropriate in writing by EPA or the State or Tribal agency responsible for pesticide enforcement, provided that such certification or licensing requires pesticide safety training that includes all the topics in § 170.501(c)(2) or § 170.501(c)(3) as applicable depending on the date of training. (c) Training programs. (2) The training must include, at a minimum, all of the following topics: (i) Where and in what form pesticides may be encountered during work activities. (ii) Hazards of pesticides resulting from toxicity and exposure, including acute and chronic effects, delayed effects, and sensitization. (iii) Routes through which pesticides can enter the body. (iv) Signs and symptoms of common types of pesticide poisoning. (v) Emergency first aid for pesticide injuries or poisonings. (vi) How to obtain emergency medical care. (vii) Routine and emergency decontamination procedures, including emergency eye flushing techniques. (viii) Hazards from chemigation and drift. (ix) Hazards from pesticide residues on clothing. (x) Warnings about taking pesticides or pesticide containers home. (xi) Requirements of this subpart designed to reduce the risks of illness or injury resulting from workers' occupational exposure to pesticides, including application and entry restrictions, the design of the warning sign, posting of warning signs, oral warnings, the availability of specific information about applications, and the protection against retaliatory acts. (3) EPA intends to make available to the public training materials that may be used to conduct training conforming to the requirements of this section. Within 180 days after a notice of availability of such training materials appears in the Federal Register, (i) The responsibility of agricultural employers to provide workers and handlers with information and protections designed to reduce work-related pesticide exposures and illnesses. This includes ensuring workers and handlers have been trained on pesticide safety, providing pesticide safety and application and hazard information, decontamination supplies and emergency medical assistance, and notifying workers of restrictions during applications and on entering pesticide treated areas. A worker or handler may designate in writing a representative to request access to pesticide application and hazard information. (ii) How to recognize and understand the meaning of the posted warning signs used for notifying workers of restrictions on entering pesticide treated areas on the establishment. (iii) How to follow directions and/or signs about keeping out of pesticide treated areas subject to a restricted-entry interval and application exclusion zones. (iv) Where and in what forms pesticides may be encountered during work activities, and potential sources of pesticide exposure on the agricultural establishment. This includes exposure to pesticide residues that may be on or in plants, soil, tractors, application and chemigation equipment, or used personal protective equipment, and that pesticides may drift through the air from nearby applications or be in irrigation water. (v) Potential hazards from toxicity and exposure that pesticides present to workers and their families, including acute and chronic effects, delayed effects, and sensitization. (vi) Routes through which pesticides can enter the body. (vii) Signs and symptoms of common types of pesticide poisoning. (viii) Emergency first aid for pesticide injuries or poisonings. (ix) Routine and emergency decontamination procedures, including emergency eye flushing techniques, and if pesticides are spilled or sprayed on the body to use decontamination supplies to wash immediately or rinse off in the nearest clean water, including springs, streams, lakes or other sources if more readily available than decontamination supplies, and as soon as possible, wash or shower with soap and water, shampoo hair, and change into clean clothes. (x) How and when to obtain emergency medical care. (xi) When working in pesticide treated areas, wear work clothing that protects the body from pesticide residues and wash hands before eating, drinking, using chewing gum or tobacco, or using the toilet. (xii) Wash or shower with soap and water, shampoo hair, and change into clean clothes as soon as possible after working in pesticide treated areas. (xiii) Potential hazards from pesticide residues on clothing. (xiv) Wash work clothes before wearing them again and wash them separately from other clothes. (xv) Do not take pesticides or pesticide containers used at work to your home. (xvi) Safety data sheets provide hazard, emergency medical treatment and other information about the pesticides used on the establishment they may come in contact with. The responsibility of agricultural employers to do all of the following: (A) Display safety data sheets for all pesticides used on the establishment. (B) Provide workers and handlers information about the location of the safety data sheets on the establishment. (C) Provide workers and handlers unimpeded access to safety data sheets during normal work hours. (xvii) The rule prohibits agricultural employers from allowing or directing any worker to mix, load or apply pesticides or assist in the application of pesticides unless the worker has been trained as a handler. (xviii) The responsibility of agricultural employers to provide specific information to workers before directing them to perform early-entry activities. Workers must be 18 years old to perform early-entry activities. (xix) Potential hazards to children and pregnant women from pesticide exposure. (xx) Keep children and nonworking family members away from pesticide treated areas. (xxi) After working in pesticide treated areas, remove work boots or shoes before entering your home, and remove work clothes and wash or shower before physical contact with children or family members. (xxii) How to report suspected pesticide use violations to the State or Tribal agency responsible for pesticide enforcement. (xxiii) The rule prohibits agricultural employers from intimidating, threatening, coercing, or discriminating against any worker or handler for complying with or attempting to comply with the requirements of this rule, or because the worker or handler provided, caused to be provided or is about to provide information to the employer or the EPA or its agents regarding conduct that the employee reasonably believes violates this part, and/or made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing concerning compliance with this rule. (4) The person who conducts the training must meet one of the following criteria: (i) Be designated as a trainer of certified applicators, handlers or workers by EPA or the State or Tribal agency responsible for pesticide enforcement. (ii) Have completed an EPA-approved pesticide safety train-the-trainer program for trainers of workers. (iii) Be currently certified as an applicator of restricted use pesticides under part 171 of this chapter. (d) Recordkeeping. (i) The trained worker's printed name and signature. (ii) The date of the training. (iii) Information identifying which EPA-approved training materials were used. (iv) The trainer's name and documentation showing that the trainer met the requirements of § 170.401(c)(4) at the time of training. (v) The agricultural employer's name. (2) An agricultural employer who provides, directly or indirectly, training required under paragraph (a) must provide to the worker upon request a copy of the record of the training that contains the information required under § 170.401(d)(1). § 170.403 Establishment-specific information for workers. Before any worker performs any activity in a treated area on an agricultural establishment where within the last 30 days a pesticide product has been used, or a restricted-entry interval for such pesticide has been in effect, the agricultural employer must ensure that the worker has been informed of, in a manner the worker can understand, all of the following establishment-specific information: (a) The location of pesticide safety information required by § 170.311(a). (b) The location of pesticide application and hazard information required by § 170.311(b). (c) The location of decontamination supplies required by § 170.411. § 170.405 Entry restrictions associated with pesticide applications. (a) Outdoor production pesticide applications. (i) The application exclusion zone is the area that extends 100 feet horizontally from the point(s) of pesticide discharge from the application equipment in all directions during application when the pesticide is applied by any of the following methods: (A) Aerially. (B) Air blast or air-propelled applications. (C) As a fumigant, smoke, mist, or fog. (D) As a spray using nozzles or nozzle configurations which produce a droplet size of smaller than medium, in accordance with the meaning given to “medium” in ANSI/ASAE S572, ANSI/ASAE S572.1, ANSI/ASAE S572.2, or ANSI/ASAE S572.3 (all incorporated by reference, see paragraph (c) of this section). (ii) The application exclusion zone is the area that extends 25 feet horizontally from the point(s) of pesticide discharge from the application equipment in all directions during application when the pesticide is sprayed from a height of greater than 12 inches from the soil surface or planting medium using nozzles or nozzle configurations which produce a droplet size of medium or larger in accordance with the meaning given to “medium” in ANSI/ASAE S572, ANSI/ASAE S572.1, ANSI/ASAE S572.2, or ANSI/ASAE S572.3 (all incorporated by reference, see paragraph (c) of this section), and not as in paragraph (a)(1)(i) of this section. (iii) There is no application exclusion zone when the pesticide is applied in a manner other than those covered in paragraphs (a)(1)(i) and (a)(1)(ii) of this section. (2) During any outdoor production pesticide application, the agricultural employer must not allow or direct any worker or other person to enter or to remain in the treated area or an application exclusion zone that is within the boundaries of the establishment until the application is complete, except for: (i) Appropriately trained and equipped handlers involved in the application, and (ii) Owners of the agricultural establishment and their immediate family members who remain inside closed buildings, housing, or shelters under the conditions specified in § 170.601(a)(1)(vi). (3) After the application is complete, the area subject to the labeling-specified restricted-entry interval and the post-application entry restrictions specified in § 170.407 is the treated area. (b) Enclosed space production pesticide applications. (2) After the time specified in column C of table 1 to paragraph (b) of this section has expired, the area subject to the labeling-specified restricted-entry interval and the post-application entry restrictions specified in § 170.407 is the area specified in column D of table 1 to paragraph (b) of this section. (3) When column C of table 1 to paragraph (b) of this section specifies that ventilation criteria must be met, ventilation must continue until the air concentration is measured to be equal to or less than the inhalation exposure level required by the labeling. If no inhalation exposure level is listed on the labeling, ventilation must continue until after one of the following conditions is met: (i) Ten air exchanges are completed. (ii) Two hours of ventilation using fans or other mechanical ventilating systems. (iii) Four hours of ventilation using vents, windows, or other passive ventilation. (iv) Eleven hours with no ventilation followed by one hour of mechanical ventilation. (v) Eleven hours with no ventilation followed by two hours of passive ventilation. (vi) Twenty-four hours with no ventilation. Table 1 to Paragraph ( b 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 restricted-entry interval 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 Smoke; Mist; Fog; or Spray using a spray quality (droplet spectrum) of smaller than medium, in accordance with the meaning given to “medium” by the American Society of Agricultural and Biological Engineers in ANSI/ASAE S572, ANSI/ASAE S572.1, ANSI/ASAE S572.2, or ANSI/ASAE S572.3 (all incorporated by reference, see § paragraph (c) of this section) Entire enclosed space The ventilation criteria of paragraph (b)(3) of this section are met Entire enclosed space. 3. Not as in entry 1 or 2 of this table, 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 entry 1, 2, or 3 of this table, and From a height of greater than 12 inches from the planting medium; or As a spray using a spray quality (droplet spectrum) of medium or larger in accordance with the meaning given to “medium” by the American Society of Agricultural and Biological Engineers in ANSI/ASAE S572, ANSI/ASAE S572.1, ANSI/ASAE S572.2, or ANSI/ASAE S572.3 (all incorporated by reference, see § 170.405(c)) 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. (c) Incorporation by reference. https://www.archives.gov/federal-register/cfr/ibr-locations [email protected]. https://www.asabe.org. (1) ANSI/ASAE S572 FEB2004, Spray Nozzle Classification by Droplet Spectra, reaffirmed February 2004 (ANSI/ASAE S572). (2) ANSI/ASAE S572.1 MAR2009 (R2017), Spray Nozzle Classification by Droplet Spectra, reaffirmed December 2017 (ANSI/ASAE S572.1). (3) ANSI/ASAE S572.2 JUL2018, Spray Nozzle Classification by Droplet Spectra, ANSI approved July 2018 (ANSI/ASAE S572.2). (4) ANSI/ASAE S572.3, Spray Nozzle Classification by Droplet Spectra, ANSI approved February 2020 (ANSI/ASAE S572.3). [80 FR 67562, Nov. 2, 2015, as amended at 85 FR 68781, Oct. 30, 2020; 89 FR 80786, Oct. 4, 2024] § 170.407 Worker entry restrictions after pesticide applications. (a) After the application of any pesticide to an area of outdoor production, the agricultural employer must not allow or direct any worker to enter or to remain in the treated area before the restricted-entry interval specified on the pesticide product labeling has expired and all treated area warning signs have been removed or covered, except for early-entry activities permitted by § 170.603. (b) After the application of any pesticide to an area of enclosed space production, the agricultural employer must not allow or direct any worker to enter or to remain in the areas specified in column D of the Table in § 170.405(b)(4), before the restricted-entry interval specified on the pesticide product labeling has expired and all treated area warning signs have been removed or covered, except for early-entry activities permitted by § 170.603. (c) When two or more pesticides are applied to a treated area at the same time, the applicable restricted-entry interval is the longest of all applicable restricted-entry intervals. § 170.409 Oral and posted notification of worker entry restrictions. (a) General Requirement. (1 ) Type of notification required Double notification. (ii) Outdoor production areas subject to restricted-entry intervals greater than 48 hours. (iii) Outdoor production areas subject to restricted-entry intervals equal to or less than 48 hours. (iv) Enclosed space production areas subject to restricted-entry intervals greater than four hours. (v) Enclosed space production areas subject to restricted-entry intervals equal to or less than four hours. (2) Exceptions. (i) From the start of the application in an enclosed space production area until the end of any restricted-entry interval, the worker will not enter any part of the entire enclosed structure or space. (ii) From the start of the application to an outdoor production area until the end of any restricted-entry interval, the worker will not enter, work in, remain in, or pass on foot through the treated area or any area within 1/4 (iii) The worker was involved in the application of the pesticide as a handler, and is aware of all information required by paragraph (c)(1) of this section. (b) Requirements for posted warning signs. (1) General. (i) Be one of the three sizes specified in paragraph (b)(3) of this section and comply with the posting placement and spacing requirements applicable to that sign size. (ii) Be posted prior to but no earlier than 24 hours before the scheduled application of the pesticide. (iii) Remain posted throughout the application and any restricted-entry interval. (iv) Be removed or covered within three days after the end of the application or any restricted-entry interval, whichever is later, except that signs may remain posted after the restricted-entry interval has expired as long as all of the following conditions are met: (A) The agricultural employer instructs any workers on the establishment that may come within 1/4 (B) The agricultural employer ensures that workers do not enter the treated area while the signs remain posted, other than entry permitted by § 170.603 of this part. (v) Remain visible and legible during the time they are required to be posted. (2) Content. (ii) The agricultural employer may replace the Spanish language portion of the warning sign with equivalent terms in an alternative non-English language if that alternative language is the language read by the largest group of workers at that agricultural establishment who do not read English. The alternative language sign must be in the same format as the original sign and conform to all other requirements of paragraph (b)(2)(i) of this section. (3) Size and posting. (ii) When posting an outdoor production area using the standard sign, the signs must be visible from all reasonably expected points of worker entry to the treated area, including at least each access road, each border with any worker housing area within 100 feet of the treated area and each footpath and other walking route that enters the treated area. Where there are no reasonably expected points of worker entry, signs must be posted in the corners of the treated area or in any other location affording maximum visibility. (iii) When posting an enclosed space production area using the standard sign and the entire structure or space is subject to the labeling-specified restricted-entry interval and the post-application entry restrictions specified in § 170.407, the signs must be posted so they are visible from all reasonably expected points of worker entry to the structure or space. When posting treated areas in enclosed space production using the standard sign and the treated area only comprises a subsection of the structure or space, the signs must be posted so they are visible from all reasonably expected points of worker entry to the treated area including each aisle or other walking route that enters the treated area. Where there are no reasonably expected points of worker entry to the treated area, signs must be posted in the corners of the treated area or in any other location affording maximum visibility. (iv) If a smaller warning sign is used with “DANGER” and “PELIGRO” in letters at least 7/8 inch in height and the remaining letters at least 1/2 inch in height and a red circle at least three inches in diameter containing an upraised hand and a stern face, the signs must be posted no farther than 50 feet apart around the perimeter of the treated area in addition to the locations specified in paragraphs (b)(3)(ii) or (b)(3)(iii) of this section. (v) If a smaller sign is used with “DANGER” and “PELIGRO” in letters at least 7/16 inch in height and the remaining letters at least 1/4 inch in height and a red circle at least one and a half inches in diameter containing an upraised hand and a stern face, the signs must be posted no farther than 25 feet apart around the perimeter of the treated area in addition to the locations specified in paragraphs (b)(3)(ii) or (b)(3)(iii) of this section. (vi) A sign with “DANGER” and “PELIGRO” in letters less than 7/16 inch in height or with any words in letters less than 1/4 inch in height or a red circle smaller than one and a half inches in diameter containing an upraised hand and a stern face will not satisfy the requirements of the rule. (c) Oral warnings Requirement. (1) The location(s) and description of any treated area(s) subject to the entry restrictions during and after application specified in §§ 170.405 and 170.407. (2) The dates and times during which entry is restricted in any treated area(s) subject to the entry restrictions during and after application specified in §§ 170.405 and 170.407. (3) Instructions not to enter the treated area or an application exclusion zone during application, and that entry to the treated area is not allowed until the restricted-entry interval has expired and all treated area warning signs have been removed or covered, except for entry permitted by § 170.603 of this part. § 170.411 Decontamination supplies for workers. (a) Requirement. (b) Materials and quantities. (1) Water. (2) Soap and single-use towels. (c) Timing. (2) If the only pesticides applied in the treated area are products with restricted-entry intervals 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 restricted-entry interval expires. (d) Location. 1/4 1/4 1/4 Subpart F—Requirements for Protection of Agricultural Pesticide Handlers Source: 80 FR 67567, Nov. 2, 2015, unless otherwise noted. § 170.501 Training requirements for handlers. (a) General requirement. (b) Exceptions. (1) A handler who is currently certified as an applicator of restricted use pesticides under part 171 of this chapter. (2) A handler who is certified or licensed as a crop advisor by a program acknowledged as appropriate in writing by EPA or the State or Tribal agency responsible for pesticide enforcement, provided that a requirement for such certification or licensing is pesticide safety training that includes all the topics set out in § 170.501(c)(2) or § 170.501(c)(3) as applicable depending on the date of training. (c) Training programs. (2) The pesticide safety training materials must include, at a minimum, all of the following topics: (i) Format and meaning of information contained on pesticide labels and in labeling, including safety information such as precautionary statements about human health hazards. (ii) Hazards of pesticides resulting from toxicity and exposure, including acute and chronic effects, delayed effects, and sensitization. (iii) Routes by which pesticides can enter the body. (iv) Signs and symptoms of common types of pesticide poisoning. (v) Emergency first aid for pesticide injuries or poisonings. (vi) How to obtain emergency medical care. (vii) Routine and emergency decontamination procedures. (viii) Need for and appropriate use of personal protective equipment. (ix) Prevention, recognition, and first aid treatment of heat-related illness. (x) Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup. (xi) Environmental concerns such as drift, runoff, and wildlife hazards. (xii) Warnings about taking pesticides or pesticide containers home. (xiii) Requirements of this subpart that must be followed by handler employers for the protection of handlers and other persons, including the prohibition against applying pesticides in a manner that will cause contact with workers or other persons, the requirement to use personal protective equipment, the provisions for training and decontamination, and the protection against retaliatory acts. (3) EPA intends to make available to the public training materials that may be used to conduct training conforming to the requirements of this section. Within 180 days after a notice of availability of such training materials appears in the Federal Register, (i) All the topics required by § 170.401(c)(3). (ii) Information on proper application and use of pesticides. (iii) Handlers must follow the portions of the labeling applicable to the safe use of the pesticide. (iv) Format and meaning of information contained on pesticide labels and in labeling applicable to the safe use of the pesticide. (v) Need for and appropriate use and removal of all personal protective equipment. (vi) How to recognize, prevent, and provide first aid treatment for heat-related illness. (vii) Safety requirements for handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup. (viii) Environmental concerns, such as drift, runoff, and wildlife hazards. (ix) Handlers must not apply pesticides in a manner that results in contact with workers or other persons. (x) The responsibility of handler employers to provide handlers with information and protections designed to reduce work-related pesticide exposures and illnesses. This includes providing, cleaning, maintaining, storing, and ensuring proper use of all required personal protective equipment; providing decontamination supplies; and providing specific information about pesticide use and labeling information. (xi) Handlers must suspend a pesticide application if workers or other persons are in the application exclusion zone and must not resume the application while workers or other persons remain in the application exclusion zone, except for appropriately trained and equipped handlers involved in the application, and the owner(s) of the agricultural establishment and members of their immediate families who remain inside closed buildings, housing, or shelters, provided that the handlers have been expressly instructed by the owner(s) of the agricultural establishment that only immediate family members remain inside those closed buildings, housing, or shelters and that the application should proceed despite the presence of the owner(s) or their immediate family members inside those closed buildings, housing, or shelters. (xii) Handlers must be at least 18 years old. (xiii) The responsibility of handler employers to ensure handlers have received respirator fit-testing, training and medical evaluation if they are required to wear a respirator by the product labeling. (xiv) The responsibility of agricultural employers to post treated areas as required by this rule. (4) The person who conducts the training must have one of the following qualifications: (i) Be designated as a trainer of certified applicators or pesticide handlers by EPA or the State or Tribal agency responsible for pesticide enforcement. (ii) Have completed an EPA-approved pesticide safety train-the-trainer program for trainers of handlers. (iii) Be currently certified as an applicator of restricted use pesticides under part 171 of this chapter. (d) Recordkeeping. (i) The trained handler's printed name and signature. (ii) The date of the training. (iii) Information identifying which EPA-approved training materials were used. (iv) The trainer's name and documentation showing that the trainer met the requirements of § 170.501(c)(4) at the time of training. (v) The handler employer's name. (2) The handler employer must, upon request by a handler trained on the establishment, provide to the handler a copy of the record of the training that contains the information required under § 170.501(d)(1). [80 FR 67567, Nov. 2, 2015, as amended at 85 FR 68781, Oct. 30, 2020; 89 FR 80787, Oct. 4, 2024] § 170.503 Knowledge of labeling, application-specific, and establishment-specific information for handlers. (a) Knowledge of labeling and application-specific information. (2) The handler employer must ensure that the handler has access to the applicable product labeling at all times during handler activities. (3) The handler employer must ensure that the handler is aware of requirements for any entry restrictions, application exclusion zones and restricted-entry intervals as described in §§ 170.405 and 170.407 that may apply based on the handler's activity. (b) Knowledge of establishment-specific information. (1) The location of pesticide safety information required by § 170.311(a). (2) The location of pesticide application and hazard information required by § 170.311(b). (3) The location of decontamination supplies required by § 170.509. § 170.505 Requirements during applications to protect handlers, workers, and other persons. (a) Prohibition from contacting workers and other persons with pesticides during application. (b) Suspending applications. (i) Appropriately trained and equipped handlers involved in the application, and (ii) The owner(s) of the agricultural establishment and members of their immediate families who remain inside closed buildings, housing, or shelters, provided that the handlers have been expressly instructed by the owner(s) of the agricultural establishment that only immediate family members remain inside those closed buildings, housing, or shelters and that the application should proceed despite the presence of the owner(s) or their immediate family members inside those closed buildings, housing, or shelters. (2) A handler must not resume a suspended pesticide application while any workers or other persons remain in an application exclusion zone described in § 170.405(a)(1) or the area specified in column B of table 1 to paragraph (b) of § 170.405, except for: (i) Appropriately trained and equipped handlers involved in the application, and (ii) The owner(s) of the agricultural establishment and members of their immediate families who remain inside closed buildings, housing, or shelters, provided that the handlers have been expressly instructed by the owner(s) of the agricultural establishment that only immediate family members remain inside those closed buildings, housing, or shelters and that the application should proceed despite the presence of the owner(s) or their immediate family members inside those closed buildings, housing, or shelters. (c) Handlers using highly toxic pesticides. (d) Fumigant applications in enclosed space production. (1) Any handler in an enclosed space production area during a fumigant application maintains continuous visual or voice contact with another handler stationed immediately outside of the enclosed space. (2) The handler stationed outside the enclosed space has immediate access to and uses the personal protective equipment required by the fumigant labeling for applicators in the event that entry becomes necessary for rescue. [80 FR 67567, Nov. 2, 2015, as amended at 85 FR 68781, Oct. 30, 2020; 89 FR 80787, Oct. 4, 2024] § 170.507 Personal protective equipment. (a) Handler responsibilities. (b) Employer responsibilities for providing personal protective equipment. (1) If the pesticide product labeling requires that “chemical-resistant” personal protective equipment be worn, it must be made of material that allows no measurable movement of the pesticide being used through the material during use. (2) If the pesticide product labeling requires that “waterproof” personal protective equipment be worn, it must be made of material that allows no measurable movement of water or aqueous solutions through the material during use. (3) If the pesticide product labeling requires that a “chemical-resistant suit” be worn, it must be a loose-fitting, one- or two-piece chemical-resistant garment that covers, at a minimum, the entire body except head, hands, and feet. (4) If the pesticide product labeling requires that “coveralls” be worn, they must be loose-fitting, one- or two-piece garments that cover, at a minimum, the entire body except head, hands, and feet. (5) Gloves must be the type specified on the pesticide product labeling. (i) Gloves made of leather, cotton, or other absorbent materials may not be worn while performing handler activities unless gloves made of these materials are listed as acceptable for such use on the pesticide product labeling. (ii) Separable glove liners may be worn beneath chemical-resistant gloves, unless the pesticide product labeling specifically prohibits their use. Separable glove liners are defined as separate glove-like hand coverings, made of lightweight material, with or without fingers. Work gloves made from lightweight cotton or poly-type material are considered to be glove liners if worn beneath chemical-resistant gloves. Separable glove liners may not extend outside the chemical-resistant gloves under which they are worn. Chemical-resistant gloves with non-separable absorbent lining materials are prohibited. (iii) If used, separable glove liners must be discarded immediately after a total of no more than 10 hours of use or within 24 hours of when first put on, whichever comes first. The liners must be replaced immediately if directly contacted by pesticide. Used glove liners must not be reused. Contaminated liners must be disposed of in accordance with any Federal, State, or local regulations. (6) If the pesticide product labeling requires that “chemical-resistant footwear” be worn, one of the following types of footwear must be worn: (i) Chemical-resistant shoes. (ii) Chemical-resistant boots. (iii) Chemical-resistant shoe coverings worn over shoes or boots. (7) If the pesticide product labeling requires that “protective eyewear” be worn, one of the following types of eyewear must be worn: (i) Goggles. (ii) Face shield. (iii) Safety glasses with front, brow, and temple protection. (iv) Full-face respirator. (8) If the pesticide product labeling requires that a “chemical-resistant apron” be worn, a chemical-resistant apron that covers the front of the body from mid-chest to the knees must be worn. (9) If the pesticide product labeling requires that “chemical-resistant headgear” be worn, it must be either a chemical-resistant hood or a chemical-resistant hat with a wide brim. (10) The respirator specified by the pesticide product labeling must be used. Whenever a respirator is required by the pesticide product labeling, the handler employer must ensure that the requirements of paragraphs (b)(10)(i) through (iii) of this section are met before the handler performs any handler activity where the respirator is required to be worn. The handler employer must maintain for two years, on the establishment, records documenting the completion of the requirements of paragraphs (b)(10)(i) through (iii) of this section. (i) Handler employers must provide handlers with fit testing using the respirator specified on the pesticide product labeling in a manner that conforms to the provisions of 29 CFR 1910.134. (ii) Handler employers must provide handlers with training in the use of the respirator specified on the pesticide product labeling in a manner that conforms to the provisions of 29 CFR 1910.134(k)(1)(i) through(vi). (iii) Handler employers must provide handlers with a medical evaluation by a physician or other licensed health care professional that conforms to the provisions of 29 CFR 1910.134 to ensure the handler's physical ability to safely wear the respirator specified on the pesticide product labeling. (c) Use of personal protective equipment. (2) The handler employer 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 discarded. (d) Cleaning and maintenance. (2) If any personal protective equipment cannot or will not be cleaned properly, the handler employer must ensure the contaminated personal protective equipment is made unusable as apparel or is made unavailable for further use by employees or third parties. The contaminated personal protective equipment must be disposed of in accordance with any applicable laws or regulations. Coveralls or other absorbent materials that have been drenched or heavily contaminated with a pesticide that has the signal word “DANGER” or “WARNING” on the label must not be reused and must be disposed of as specified in this paragraph. Handler employers must ensure that any person who handles contaminated personal protective equipment described in this paragraph wears the gloves specified on the pesticide product labeling for mixing and loading the product(s) comprising the contaminant(s) on the equipment. If two or more pesticides are included in the contaminants, the gloves worn must meet the requirements for mixing and loading all of the pesticide products. (3) The handler employer must ensure that contaminated personal protective equipment is kept separate from non-contaminated personal protective equipment, other clothing or laundry and washed separately from any other clothing or laundry. (4) The handler employer must ensure that all washed personal protective equipment is dried thoroughly before being stored or reused. (5) The handler employer must ensure that all clean personal protective equipment is stored separately from personal clothing and apart from pesticide-contaminated areas. (6) The handler employer must ensure that when filtering facepiece respirators are used, they are replaced when one of the following conditions is met: (i) When breathing resistance becomes excessive. (ii) When the filter element has physical damage or tears. (iii) According to manufacturer's recommendations or pesticide product labeling, whichever is more frequent. (iv) In the absence of any other instructions or indications of service life, at the end of eight hours of cumulative use. (7) The handler employer must ensure that when gas- or vapor-removing respirators are used, the gas- or vapor-removing canisters or cartridges are replaced before further respirator use when one of the following conditions is met: (i) At the first indication of odor, taste, or irritation. (ii) When the maximum use time is reached as determined by a change schedule conforming to the provisions of 29 CFR 1910.134(d)(3)(iii)(B)(2). (iii) When breathing resistance becomes excessive. (iv) When required according to manufacturer's recommendations or pesticide product labeling instructions, whichever is more frequent. (v) In the absence of any other instructions or indications of service life, at the end of eight hours of cumulative use. (8) The handler employer must inform any person who cleans or launders personal protective equipment of all the following: (i) That such equipment may be contaminated with pesticides and there are potentially harmful effects from exposure to pesticides. (ii) The correct way(s) to clean personal protective equipment and how to protect themselves when handling such equipment. (iii) Proper decontamination procedures that should be followed after handling contaminated personal protective equipment. (9) The handler employer must ensure that handlers have a place(s) away from pesticide storage and pesticide use areas where they may do all of the following: (i) Store personal clothing not worn during handling activities. (ii) Put on personal protective equipment at the start of any exposure period. (iii) Remove personal protective equipment at the end of any exposure period. (10) The handler employer must not allow or direct any handler to wear home or to take home employer-provided personal protective equipment contaminated with pesticides. (e) Heat-related illness. § 170.509 Decontamination and eye flushing supplies for handlers. (a) Requirement. (b) General conditions. (1) Water. (2) Soap and single-use towels. (3) Clean change of clothing. (c) Location. (1) Mixing sites. (2) Exception for pilots. (3) Exception for treated areas. (d) Emergency eye-flushing. (2) Whenever a handler is applying a pesticide product whose labeling requires protective eyewear for handlers, the handler employer must provide at least one pint of water per handler in portable containers that are immediately available to each handler. Subpart G—Exemptions, Exceptions and Equivalency Source: 80 FR 67570, Nov. 2, 2015, unless otherwise noted. § 170.601 Exemptions. (a) Exemption for owners of agricultural establishments and their immediate families. (i) Section 170.309(c). (ii) Section 170.309(f) through (j). (iii) Section 170.311. (iv) Section 170.401. (v) Section 170.403. (vi) Sections 170.405(a)(2) and 170.505(b), but only in regard to owner(s) of the establishment and their immediate family members who remain inside closed buildings, housing, or shelters. This exception also applies to handlers (regardless of whether they are immediate family members) who have been expressly instructed by the owner(s) of the establishment that: (A) Only the owner(s) or their immediate family members remain inside the closed building, housing, or shelter, and (B) The application should proceed despite the presence of the owner(s) or their immediate family members remaining inside the closed buildings, housing, or shelters. (vii) Section 170.409. (viii) Sections 170.411 and 170.509. (ix) Section 170.501. (x) Section 170.503. (xi) Section 170.505(c) and (d). (xii) Section 170.507(c) through (e). (xiii) Section 170.605(a) through (c), and (e) through (j). (2) The owners of agricultural establishments must provide all of the applicable protections required by this part for any employees or other persons on the establishment that are not members of their immediate family. (b) Exemption for certified crop advisors. (1) The crop advisor is certified or licensed as a crop advisor by a program acknowledged as appropriate in writing by EPA or a State or Tribal agency responsible for pesticide enforcement. (2) The certification or licensing program requires pesticide safety training that includes all the information in § 170.501(c)(2) or § 170.501(c)(3) as applicable depending on the date of training. (3) The crop advisor who enters a treated area during a restricted-entry interval only performs crop advising tasks while in the treated area. [80 FR 67570, Nov. 2, 2015, as amended at 85 FR 68782, Oct. 30, 2020; 89 FR 80787, Oct. 4, 2024] § 170.603 Exceptions for entry by workers during restricted-entry intervals. An agricultural employer may direct workers to enter treated areas where a restricted-entry interval is in effect to perform certain activities as provided in this section, provided that the agricultural employer ensures all of the applicable conditions of this section and § 170.605 of this part are met. (a) Exception for activities with no contact. (1) The worker will have no contact with anything that has been treated with the pesticide to which the restricted-entry interval applies, including, but not limited to, soil, water, air, or surfaces of plants. This exception does not allow workers to perform any activities that involve contact with treated surfaces even if workers are wearing personal protective equipment. (2) No such entry is allowed until any inhalation exposure level listed in the pesticide product labeling has been reached or any ventilation criteria required by § 170.405(b)(3) or the pesticide product labeling have been met. (b) Exception for short-term activities. (1) No hand labor activity is performed. (2) The time in treated areas where a restricted-entry interval is in effect does not exceed one hour in any 24-hour period for any worker. (3) No such entry is allowed during the first 4 hours after the application ends. (4) No such entry is allowed until any inhalation exposure level listed in the pesticide product labeling has been reached or any ventilation criteria required by § 170.405(b)(3) or the pesticide product labeling have been met. (c) Exception for an agricultural emergency. (2) A worker may enter a treated area where a restricted-entry interval is in effect in an agricultural emergency to perform tasks necessary to mitigate the effects of the agricultural emergency, including hand labor tasks, if the agricultural employer ensures that all the following criteria are met: (i) The State department of agriculture, or the State or Tribal agency responsible for pesticide enforcement declares an agricultural emergency that applies to the treated area, or agricultural employer has determined that the circumstances within the treated area are the same as circumstances the State department of agriculture, or the State or Tribal agency responsible for pesticide enforcement has previously determined would constitute an agricultural emergency. (ii) The agricultural employer determines that the agricultural establishment is subject to the circumstances that result in an agricultural emergency meeting the criteria of paragraph (c)(1) of this section. (iii) If the labeling of any pesticide product applied to the treated area requires workers to be notified of the location of treated areas by both posting and oral notification, then the agricultural employer must ensure that no individual worker spends more than four hours out of any 24-hour period in treated areas where such a restricted-entry interval is in effect. (iv) No such entry is allowed during the first 4 hours after the application ends. (v) No such entry is allowed until any inhalation exposure level listed in the pesticide product labeling has been reached or any ventilation criteria required by § 170.405(b)(3) or the pesticide product labeling have been met. (d) Exceptions for limited contact and irrigation activities. (1) No hand labor activity is performed. (2) No worker is allowed in the treated area for more than eight hours in a 24-hour period. (3) No such entry is allowed during the first 4 hours after the application ends. (4) No such entry is allowed until any inhalation exposure level listed in the pesticide product labeling has been reached or any ventilation criteria required by § 170.405(b)(3) or the pesticide product labeling have been met. (5) The task is one that, if not performed before the restricted-entry interval expires, would cause substantial economic loss, and there are no alternative tasks that would prevent substantial loss. (6) With the exception of irrigation tasks, the need for the task could not have been foreseen. (7) The worker has no contact with pesticide-treated surfaces other than minimal contact with feet, lower legs, hands, and forearms. (8) The labeling of the pesticide product that was applied does not require that workers be notified of the location of treated areas by both posting and oral notification. § 170.605 Agricultural employer responsibilities to protect workers entering treated areas during a restricted-entry interval. If an agricultural employer directs a worker to perform activities in a treated area where a restricted-entry interval is in effect, all of the following requirements must be met: (a) The agricultural employer must ensure that the worker is at least 18 years old. (b) Prior to early entry, the agricultural employer must provide to each early-entry worker the information described in paragraphs (b)(1) through (8) of this section. The information must be provided orally in a manner that the worker can understand. (1) Location of early-entry area where work activities are to be performed. (2) Pesticide(s) applied. (3) Dates and times that the restricted-entry interval begins and ends. (4) Which exception in § 170.603 is the basis for the early entry, and a description of tasks that may be performed under the exception. (5) Whether contact with treated surfaces is permitted under the exception. (6) Amount of time the worker is allowed to remain in the treated area. (7) Personal protective equipment required by the pesticide product labeling for early entry. (8) Location of the pesticide safety information required by § 170.311(a) and the location of the decontamination supplies required by § 170.605(h). (c) Prior to early entry, the agricultural employer must ensure that each worker either has read the applicable pesticide product labeling or has been informed, in a manner that the worker can understand, of all labeling requirements and statements related to human hazards or precautions, first aid, and user safety. (d) The agricultural employer must ensure that each worker who enters a treated area during a restricted-entry interval is provided the personal protective equipment specified in the pesticide product labeling for early entry. The agricultural employer must ensure that the worker uses the personal protective equipment as intended according to manufacturer's instructions and follows any other applicable requirements on the pesticide product labeling. Personal protective equipment must conform to the standards in § 170.507(b)(1) through (9). (e) The agricultural employer must maintain the personal protective equipment in accordance with § 170.507(c) and (d). (f) The agricultural employer must ensure that no worker is allowed or directed to wear personal protective equipment without implementing measures sufficient to prevent heat-related illness and that each worker is instructed in the prevention, recognition, and first aid treatment of heat-related illness. (g) The agricultural employer must instruct each worker on the proper use and removal of the personal protective equipment, and as appropriate, on its cleaning, maintenance and disposal. The agricultural employer must not allow or direct any worker to wear home or to take home employer-provided personal protective equipment contaminated with pesticides. (h) During any early-entry activity, the agricultural employer must provide decontamination supplies in accordance with § 170.509, except the decontamination supplies must be outside any area being treated with pesticides or subject to a restricted-entry interval, unless the decontamination supplies would otherwise not be reasonably accessible to workers performing early-entry tasks. (i) If the pesticide product labeling of the product applied requires protective eyewear, the agricultural employer must provide at least one pint of water per worker in portable containers for eyeflushing that is immediately available to each worker who is performing early-entry activities. (j) At the end of any early-entry activities the agricultural employer must provide, at the site where the workers remove personal protective equipment, soap, single-use towels and at least three gallons of water per worker so that the workers may wash thoroughly. § 170.607 Exceptions to personal protective equipment requirements specified on pesticide product labeling. (a) Body protection. (2) A chemical-resistant suit may be substituted for coveralls and a chemical-resistant apron. (b) Boots. (c) Gloves. (d) Closed systems. (i) Handlers using a closed system to mix or load pesticides with a signal word of “DANGER” or “WARNING” may substitute a long-sleeved shirt, long pants, shoes and socks, chemical-resistant apron, protective eyewear, and any protective gloves specified on the labeling for handlers for the labeling-specified personal protective equipment. (ii) Handlers using a closed system to mix or load pesticides other than those specified in paragraph (d)(1)(i) of this section may substitute protective eyewear, long-sleeved shirt, long pants, and shoes and socks for the labeling-specified personal protective equipment. (2) The exceptions of paragraph (d)(1) of this section apply only in the following situations: (i) Where the closed system removes the pesticide from its original container and transfers the pesticide product through connecting hoses, pipes and couplings that are sufficiently tight to prevent exposure of handlers to the pesticide product, except for the negligible escape associated with normal operation of the system. (ii) When loading intact, sealed, water soluble packaging into a mixing tank or system. If the integrity of a water soluble packaging is compromised (for example, if the packaging is dissolved, broken, punctured, torn, or in any way allows its contents to escape), it is no longer a closed system and the labeling-specified personal protective equipment must be worn. (3) The exceptions of paragraph (d)(1) of this section apply only where the handler employer has satisfied the requirements of § 170.313 and all of the following conditions: (i) Each closed system must have written operating instructions that are clearly legible and include: Operating procedures for use, including the safe removal of a probe; maintenance, cleaning and repair; known restrictions or limitations relating to the system, such as incompatible pesticides, sizes (or types) of containers or closures that cannot be handled by the system; any limits on the ability to measure a pesticide; and special procedures or limitations regarding partially-filled containers. (ii) The written operating instructions for the closed system must be available at the mixing or loading site and must be made available to any handlers who use the system. (iii) Any handler operating the closed system must be trained in its use and operate the closed system in accordance with its written operating instructions. (iv) The closed system must be cleaned and maintained as specified in the written operating instructions and as needed to make sure the system functions properly. (v) All personal protective equipment specified in the pesticide product labeling is immediately available to the handler for use in an emergency. (vi) Protective eyewear must be worn when using closed systems operating under pressure. (e) Enclosed cabs. (2) All of the personal protective equipment required by the pesticide product labeling for applicators must be immediately available and stored in a sealed container to prevent contamination. Handlers must wear the applicator personal protective equipment required by the pesticide product labeling if they exit the cab within a treated area during application or when a restricted-entry interval is in effect. Once personal protective equipment is worn in a treated area, it must be removed before reentering the cab to prevent contamination of the cab. (3) Handlers may substitute a long-sleeved shirt, long pants, shoes and socks for the labeling-specified personal protective equipment for skin and eye protection. If a filtering facepiece respirator (NIOSH approval number prefix TC-84A) or dust/mist filtering respirator is required by the pesticide product labeling for applicators, then that respirator need not be worn inside the enclosed cab if the enclosed cab has a properly functioning air ventilation system which is used and maintained in accordance with the manufacture's written operating instructions. If any other type of respirator is required by the pesticide labeling for applicators, then that respirator must be worn. (f) Aerial applications Use of gloves. (2) Open cockpit. (3) Enclosed cockpit. (g) Crop advisors. (i) The personal protective equipment specified on the pesticide product labeling for early entry. (ii) Coveralls, shoes plus socks and chemical-resistant gloves made of any waterproof material, and eye protection if the pesticide product labeling applied requires protective eyewear for handlers. (2) The application has been complete for at least four hours. (3) No such entry is allowed until any inhalation exposure level listed in the pesticide product labeling has been reached or any ventilation criteria required by § 170.405(b)(3) or the pesticide product labeling have been met. (4) The crop advisor or crop advisor employee who enters a treated area during a restricted-entry interval only performs crop advising tasks while in the treated area. § 170.609 Equivalency requests. (a) States and Tribes that have promulgated worker protection regulations to protect agricultural workers and pesticide handlers from occupational pesticide exposure effective prior to January 1, 2016, have the option of requesting authority to continue implementing any provision(s) of the State's or Tribe's existing regulations that provides equivalent or greater protection in lieu of implementing any similar provision(s) in this part. (b) States or Tribes must submit requests for the authority to continue implementing State or Tribal regulation provision(s) in lieu of any similar provision(s) in this part by June 29, 2016. (1) Identification of the provision(s) of this part for which the State or Tribe is requesting regulatory equivalency. (2) Appropriate documentation establishing that the pertinent State or Tribal worker protection provision(s) provides environmental and human health protection that meets or exceeds the protections provided by the identified provision(s) in this part. (3) Identification of any additional modifications to existing State or Tribal regulations that would be necessary in order to provide environmental and human health protection that meets or exceeds the similar provisions of this part, and an estimated timetable for the State or Tribe to effect these changes. (4) The expected economic impact of requiring compliance with the requirement(s) of this part in comparison with compliance with the State or Tribal requirement(s), and an explanation of why it is important that employers subject to the State or Tribal authority comply with the State or Tribal requirement(s) in lieu of similar provision(s) in this part. (5) The signature of the designated representative of the State or Tribal agency responsible for pesticide enforcement. (c) EPA's Office of Pesticide Programs will review the State's or Tribe's letter and supporting materials and determine whether the State or Tribal provision(s) provide environmental and human health protection that meets or exceeds the comparable provision(s) of this part. (d) EPA's Office of Pesticide Programs will inform the State or Tribe of its determination through a letter. The letter will either: (1) Authorize the State or Tribe to continue implementing its worker protection regulatory provision(s) in lieu of the comparable provision(s) of this part; or (2) Deny the State or Tribe authorization to continue implementing its worker protection regulatory provision(s) in lieu of the comparable provision(s) of this part and detail any reasons for declining authorization. (e) Subsequent revisions.

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