MEC&F Expert Engineers : EPA: stronger protections for farmworkers and pesticide handlers required by the recently updated Worker Protection Standard.

Friday, August 19, 2016

EPA: stronger protections for farmworkers and pesticide handlers required by the recently updated Worker Protection Standard.








EPA Highlights Importance of Updated Standards to Protect the Health of New York Farmworkers

Regional Administrator Visits Indian Ladder Farms in Altamont

Contacts: Jennifer May-Reddy, (212) 637-3658, may.jennifer@epa.gov and Barbara Pualani, (212) 637-3638, pualani.barbara@epa.gov

(New York, NY – August 18, 2016) Today, U.S. Environmental Protection Agency Regional Administrator Judith A. Enck was joined by Peter Ten Eyck, President of Indian Ladder Farms to discuss stronger protections for farmworkers and pesticide handlers required by the recently updated Worker Protection Standard. EPA finalized new federal regulations in September 2015, which will go into effect in January 2017. Regional Administrator Enck visited the Indian Ladder Farms in Altamont today to focus on how the new standards will help New York farmworkers.

“There are approximately 100,000 farmworkers in the state of New York, and every farmworker deserves a safe and healthy work environment,” said EPA Regional Administrator Judith Enck. “EPA is committed to making sure farmworkers, farmworkers families, and pesticide applicators are not exposed to toxic pesticides.”

EPA's Worker Protection Standard rule provides stronger protections for the nation's two million agricultural workers and handlers working on farms, forests, nurseries and greenhouses. The updated EPA regulation strengthens requirements for training, notification, pesticide safety and hazard communication, as well as the use of personal protective equipment and the availability of supplies for routine washing and emergency decontamination. This new standard will protect the health of NY farmworkers and the rest of the nation’s two million farmworkers, reminding everyone that we can have a vibrant agricultural economy and healthy farmworkers. The revisions announced in September 2016 were the first changes made to the rule in 24 years.

These provisions will help ensure farmworkers nationwide receive annual safety training; that children under the age of 18 are prohibited from handling pesticides; and that workers are aware of the protections they are afforded and have the tools needed to protect themselves and their families from pesticide exposure. Every farm will need to comply with the new standard. In New York, this standard will be enforced by the New York Department of Environmental Conservation, with technical support from the EPA.

For workers and handlers of pesticide products on agricultural establishments, EPA will require:

· The minimum age for pesticide handlers and early-entry workers has been established at 18 years of age – previously there was no minimum age.

· Annual mandatory training for farmworkers so they can be informed on how to protect themselves and their families from pesticide exposures. Previously, trainings happened once every five years in NY.

· Each farmworker must now be provided with at least 1 gallon of water at the beginning of each work period and handlers must get 3 gallons of water for decontamination. No quantities of water were specifically spelled out previously.

· Farmworkers will now be trained on safety before they go out into the field to work. Previously, farms had up to five days to offer the training.

· Improved communication and displaying of information related to the application hazardous materials at farms.

· Employers must now provide respirator and fit testing, training and medical evaluation that conforms to Occupational Safety and Health Administration standards for any handler required to wear any respirator by the labeling. Recordkeeping of completion of fit test, training and medical evaluation is now also required.

· Each farm must now provide a system capable of delivering 0.4 gallons of water for eye washing per minute for 15 minutes, or 6 gallons of water able to flow for 15 minutes if handlers use products requiring eye protection or use a pressurized closed system.

Additionally, EPA is making improvements to the training programs. By better protecting agricultural workers, EPA anticipates fewer pesticide exposure incidents among farmworkers and their family members. Fewer incidents means a healthier workforce and avoiding lost wages and medical bills.

View the video to learn more about EPA’s revised worker protection standards:
https://www.youtube.com/watch?v=p0PMYSirxlY

Here are thoughts from a former farmworker on EPA’s revised worker protection standards:
https://www.youtube.com/watch?v=TAYGb1-LUH4

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Revisions to the Worker Protection Standard

Esta página web está disponible en español
EPA is announcing stronger protections for the nation’s two million agricultural workers and their families working on farms, forests, nurseries, and greenhouses. These revisions to the 1992 Agricultural Worker Protection Standard will afford farmworkers similar health protections that are already afforded to workers in other industries.
Read the revised Worker Protection Standard.
On this page:

What are the Major Changes for Farmers and Farmworkers?

The revisions to the Worker Protection Standard cover many different areas. The major revisions include:
  • Annual mandatory training to inform farmworkers on the required protections afforded to them. Currently, training is only once every 5 years.
  • Expanded training includes instructions to reduce take-home exposure from pesticides on work clothing and other safety topics.
  • First-time ever minimum age requirement: Children under 18 are prohibited from handling pesticides.
  • Expanded mandatory posting of no-entry signs for the most hazardous pesticides. The signs prohibit entry into pesticide-treated fields until residues decline to a safe level.
  • New no-entry application-exclusion zones up to 100 feet surrounding pesticide application equipment will protect workers and others from exposure to pesticide overspray.
  • Requirement to provide more than one way for farmworkers and their representatives to gain access to pesticide application information and safety data sheets – centrally-posted, or by requesting records.
  • Mandatory record-keeping to improve states’ ability to follow up on pesticide violations and enforce compliance. Records of application-specific pesticide information, as well as farmworker training, must be kept for two years.
  • Anti-retaliation provisions are comparable to Department of Labor’s (DOL).
  • Changes in personal protective equipment will be consistent with DOL’s standards for ensuring respirators are effective, including fit test, medical evaluation and training.
  • Specific amounts of water to be used for routine washing, emergency eye flushing and other decontamination, including eye wash systems for handlers at pesticide mixing/loading sites.
  • Continue the exemption for farm owners and their immediate families with an expanded definition of immediate family.
Read the fact sheet.
Read the comparison chart of the current WPS and the new revisions.
Read the comparison chart of the current WPS and revised rule (Spanish).
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What Will These Changes Achieve?

There is a clear need for better protection for farmworkers. Each year, between 1,800 and 3,000 occupational incidents involving pesticide exposure are reported from the farms, forests, nurseries and greenhouses covered by the Worker Protection Standard. There is widespread underreporting. 
By better protecting our agricultural workers, the agency anticipates fewer pesticide exposure incidents among farmworkers and their family members. Fewer incidents means a healthier workforce and avoiding lost wages, medical bills, and absences from work and school. In addition, EPA is concerned about low level, repeated exposure to pesticides that may contribute to chronic illness.
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What Types of Activities are Covered?

The regulation seeks to protect and reduce the risks of injury or illness resulting from agricultural workers’ (those who perform hand-labor tasks in pesticide-treated crops, such as harvesting, thinning, pruning) and pesticide handlers’ (those who mix, load and apply pesticides) use and contact with pesticides on farms, forests, nurseries and greenhouses.  The regulation does not cover persons working with livestock.
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When Will These Changes Take Place?

The majority of the rule revisions will be effective on January 2, 2017. This will give farmers and states time to adjust to the new requirements, as well as time for EPA and states to develop updated materials for training and other purposes.


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Agricultural Worker Safety

Overview

The Bureau of Scientific Evaluation and Technical Assistance implements an agricultural workers safety program to protect individuals from occupational exposure to pesticides. This program focuses on agricultural workers, but all individuals who work with pesticides or in environments where pesticides have been used are encouraged to take the necessary precautions to prevent pesticide exposure.

Florida Agricultural Worker Safety Act

The Florida Agricultural Worker Safety Act (FAWSA) became effective on July 1, 2004. Its intent is to ensure that agricultural workers employed in Florida receive protection from agricultural pesticides and are given information concerning agricultural pesticides. The law is implemented and enforced by the Florida Department of Agriculture and Consumer Services (FDACS).
The specific provisions of FAWSA are as follows:
Pesticide dealers, distributors, manufacturers, and importers selling agricultural pesticides must provide a Material Safety Data Sheet (MSDS) to the purchaser upon initial purchase of each agricultural product and upon first purchase after an MSDS has been updated. Effective July 1, 2005, the MSDS may be provided in written, printed or electronic format. Subsequent purchases of the same product from the same dealer do not require an MSDS to be provided to the purchaser unless the MSDS has been updated.
Agricultural employers must make available to farm workers upon request either an MSDS or fact sheet approved by the state or federal government in written format which provides information about the impacts of the use of the agricultural pesticide. The required pesticide safety information must be made available to any worker who:
  • Enters an agricultural area where an agricultural pesticide has been applied or a restricted entry interval (REI) has been in effect within the past 30 days, or
  • May be exposed to an agricultural pesticide during normal conditions of use or in a foreseeable emergency. The language in the FAWSA regarding the time period of the REI is not clear; therefore, the language in the federal Worker Protection Standard for Agricultural Pesticides (“within the last 30 days”) has been adopted.  
The MSDS or fact sheet must be made available to the worker within two working days of request by a worker or designated representative. In the case of a pesticide-related medical emergency, the MSDS or fact sheet must be provided in written format promptly upon request by a worker, a designated representative, or medical personnel treating a worker.  If no MSDS was provided at the time an agricultural product was purchased, or if for any reason the agricultural employer does not have the appropriate MSDS or fact sheet, the agricultural employer must take timely steps to obtain an MSDS or fact sheet.  Most agricultural pesticide MSDS’s are available from the website www.cdms.net. Other possible sources are pesticide manufacturers, the FDACS Pesticide Registration Section phone number (850) 617-7940, EPA, pesticide distributors and dealers.
FDACS must make available to trainers a one page general agricultural safety sheet. The safety sheet must be in a language understood by the worker and must include:
  • Illustrated instructions on preventing pesticide exposure and
  • Toll-free telephone numbers to the Florida Poison Control Centers. 
The Pesticide Safety Sheet is available from FDACS in English, Spanish, and Creole/Haitian and is provided to trainers upon request to distribute to workers during training pursuant to the Worker Protection Standard (WPS).
The FAWSA prohibits the agricultural employer from taking any retaliatory action against employees who attempt to exercise their rights under this bill. Agricultural workers who have been subject to retaliatory action may file a complaint with FDACS. In any action brought forth that involves retaliatory action, if the retaliatory action is predicated on the disclosure by a worker of an illegal action, policy or practice, the worker may not be required to show that the disclosure was under oath or in writing or that the worker notified the employer in writing of the illegal action, policy or practice. FDACS is required to monitor all complaints of retaliation received and report its findings to the Legislature on or before October 1, 2008. The report will include descriptions and summaries of the circumstances surrounding the complaints and subsequent actions taken.
A FAWSA Summary ( English Version [ Adobe PDF Document 154.34 KB ]/ Spanish Version [ Adobe PDF Document 247.55 KB ]) document is available which contains the above information plus definitions of terms used in the legislation. For the full text of FAWSA, see the Laws and Regulations section below.

Federal Worker Protection Standard (WPS)

The federal Worker Protection Standard for Agricultural Pesticides (WPS) was implemented by EPA in 1992. Its goal is to ensure the health and safety of agricultural workers and pesticide handlers who work on agricultural establishments.
The Florida Department of Agriculture and Consumer Services (FDACS) is the state agency that implements and enforces this federal regulation in Florida. The Division of Agricultural Environmental Services is responsible for outreach, compliance assistance, interpretive guidance, enforcement and limited training.
WPS requires employers to take several precautionary steps to help prevent their employees from being exposed to pesticides. These steps include but are not limited to:
  • Providing pesticide safety training to agricultural workers and pesticide handlers they employ;
  • Providing personal protective equipment and decontamination supplies to employees in order to minimize the risk of pesticide exposure; and
  • Providing information to employees so they know when, where and what pesticides have been applied.
The types of establishments covered under WPS are very specific. They include farms that produce agricultural crops, such as oranges, peanuts, watermelons, etc.  Greenhouses and plant nurseries are covered under the WPS. These establishments produce agricultural crops such as flowers, ferns and ornamentals. Forestry operations that grow trees for the production of wood fiber or timber are also covered under the WPS. The following areas are not covered by WPS: golf courses, pasture lands, vertebrate pests, mosquito control, dwellings and other structures, and lawn and landscape maintenance.
Only pesticides designed for use in the production of agricultural plants are covered under the WPS. If a pesticide is covered under WPS, it will be stated on the label under the "Agricultural Use Requirements" section of the pesticide label. If a pesticide with WPS labeling is used on an agricultural establishment covered by the standard, WPS requirements must be complied with.
The Quick Overview of the Worker Protection Standard [ Adobe PDF Document 98.99 KB ] summarizes key WPS definitions and requirements. For the full text of the federal Worker Protection Standard, see Laws and Regulations below.

WPS Train the Trainer Program

Under FAWSA and WPS, agriculture employers must ensure that agricultural workers and pesticide handlers employed in the state of Florida receive protection from agricultural pesticides and information concerning pesticides. The WPS Train the Trainer (TTT) Program promotes the development of a working population of knowledgeable WPS trainers of agricultural workers and pesticide handlers, in order to prevent and reduce pesticide exposure and related illness.
Who can become a WPS Trainer and how do you become one?
Anyone can become a Florida Certified WPS Trainer by attending a WPS TTT session given by Florida Cooperative Extension Service, FDACS personnel or a private organization that meets the " FDACS WPS TTT Training Curriculum and Criteria [ Adobe PDF Document 310.39 KB ]."
What must be covered in an FDACS WPS TTT Training?
In order to ensure that agricultural workers and pesticide handlers receive adequate and standard pesticide safety information, FDACS has defined a WPS TTT Training Criteria and Curriculum. This criteria and curriculum is effective from September 1, 2008 on.  The WPS TTT basic criteria have been adopted from the NASDAF (National Association of State Departments of Agriculture Foundation) " National Worker Safety Trainer Handbook (English)" and the EPA (Environmental Protection Agency) "How to Comply Manual with the Worker Protection Standard for the Agricultural Pesticides." It summarizes basic WPS Provisions, FAWSA requirements, training requirements, general training techniques and information on training preparation and briefly discusses some WPS enforcement hot topics. 
What is a Registered WPS TTT Sponsor Instructor?
A registered WPS TTT Sponsor Instructor is anyone who is registered in the Florida Agricultural Workers Safety Program to organize or sponsor WPS TTT sessions to educate WPS Trainers.  A registered WPS TTT Sponsor Instructor must use the WPS TTT Training Criteria and Curriculum for all the WPS TTT sessions organized or sponsored by him or her. For more information on how to register, refer to " WPS TTT Sponsor Instructor Registration [ Adobe PDF Document ]" (FDACS-13365).
Most of our WPS TTT Sponsor Instructors are UF-IFAS Extension Agents. For an online directory of Cooperative Extension Service Offline, go to http://solutionsforyourlife.ufl.edu/map/ or you may contact the FDACS Worker Safety Coordinator at WPS@FreshFromFlorida.com for more information.   
How do you obtain FDACS WPS TTT Certificates of Completion?
The Florida Agricultural Workers Safety program keeps track of all the WPS trainers that have been trained in the state since 1993. The program issues Certificates of Completion to WPS trainees that have been trained by WPS TTT Registered Sponsor Instructors. Please refer to Train the Trainer (TTT) Certificate of Completion General Instructions [ Adobe PDF Document 77.99 KB ] for more information. There are no certification fees or renewal requirements associated with becoming a Certified WPS Trainer or to request a Duplicate of a Certificate of Completion.
Train the trainer programs are usually given at local Cooperative Extension Service Offices, normally on an as-needed basis. For an online directory of Cooperative Extension Service Offices, go to http://solutionsforyourlife.ufl.edu/map/. Or you may contact the FDACS Worker Safety Coordinator at WPS@FreshFromFlorida.com for more information.

EPA WPS Training Verification Cards

Participants in WPS Train the Trainer classes are eligible to distribute EPA WPS training verification cards to the agricultural “workers” and pesticide “handlers” they train if they first sign a WPS Trainer Agreement [ Adobe PDF Document ] (FDACS-13344) with FDACS. The worker cards are blue, and the handler cards are green.
Trainers who sign WPS Trainer Agreements must comply with all requirements listed in the agreement, including keeping a record of each individual trained and the card number and type issued to each individual. It may be necessary for FDACS to review training records to verify WPS training for individuals.
Trainers must also submit an annual report to FDACS by February 1 each year to indicate how many EPA WPS training verification cards were issued the previous year. An Annual WPS Training Card Report [ Adobe PDF Document ] (FDACS-13360) form is available for use or trainers may submit the information in another format.
EPA WPS training verification cards are available to certified trainers at no charge. Cards may be ordered by contacting the FDACS Worker Safety Coordinator at WPS@FreshFromFlorida.com and indicating how many of each card type (worker or handler) are needed.
Any trainers (certified or not) may obtain training materials from FDACS or EPA to distribute to individuals they train. See Worker Safety Outreach Materials below for more information about available training materials.

Worker Safety Outreach Materials

FDACS distributes training materials to WPS trainers, agricultural employers, agricultural workers and pesticide handlers in limited quantities at no cost as long as supplies are available. Please see our Order Form for WPS Materials [ Adobe PDF Document 156.17 KB ] to see what is available.
Some worker safety materials are produced by FDACS and some are produced by EPA.   
FDACS  Materials – Worker safety materials produced by FDACS, such as the Pesticide Safety Sheet, will be limited to one unit per publication (if available in stock). 
EPA Materials – FDACS can provide EPA materials limited to one unit per publication (if available in stock). Large quantities can be ordered directly from EPA at 1-888-663-2155 or through the EPA National Agricultural Compliance Assistance Center at www.epa.gov/agriculture. 

Forms and Documents

Laws and Regulations 

FAWSA

WPS

  Links 


 
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