cfr_sections
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54 rows where part_number = 170 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:26.0.1.1.19.1.19.1 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | A | Subpart A—General Provisions | § 170.1 Scope and purpose. | EPA | 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. | ||||
| 40:40:26.0.1.1.19.1.19.2 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | A | Subpart A—General Provisions | § 170.2 Implementation and expiration dates. | EPA | [80 FR 67556, Nov. 2, 2015] | (a) Implementation date. Beginning January 2, 2017, the requirements of §§ 170.301 through 170.609 of this part shall apply to any pesticide product that bears the statement “Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR part 170”. (b) Expiration date. Sections 170.1 through 170.260 of this part shall expire on, and will no longer be effective after January 2, 2017. | |||
| 40:40:26.0.1.1.19.1.19.3 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | A | Subpart A—General Provisions | § 170.3 Definitions. | EPA | 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 means any person who hires or contracts for the services of workers, for any type of compensation, to perform activities related to the production of agricultural plants, or any person who is an owner of or is responsible for the management or condition of an agricultural establishment that uses such workers. Agricultural establishment means any farm, forest, nursery, or greenhouse. Agricultural plant means any plant grown or maintained for commercial or research purposes and includes, but is not limited to, food, feed, and fiber plants; trees; turfgrass; flowers, shrubs; ornamentals; and seedlings. Chemigation means the application of pesticides through irrigation systems. Commercial pesticide handling establishment means any establishment, other than an agricultural establishment, that: (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 means any person who is assessing pest numbers or damage, pesticide distribution, or the status or requirements of agricultural plants. The term does not include any person who is performing hand labor tasks. Early entry means entry by a worker into a treated area on the agricultural establishment after a pesticide application is complete, but before any restricted-entry interval for the pesticide has expired. Farm means any operation, other than a nursery or forest, engaged in the outdoor production of agricultural plants. Forest means any operation engaged in the outdoor production of any agricultural plant to produce wood fiber or timber products. Fumigant means any pest… | ||||
| 40:40:26.0.1.1.19.1.19.4 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | A | Subpart A—General Provisions | § 170.7 General duties and prohibited actions. | EPA | (a) General duties. The agricultural employer or the handler employer, as appropriate, shall: (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. The agricultural employer or the handler employer shall not take any retaliatory action for attempts to comply with this part or any action having the effect of preventing or discouraging any worker or handler from complying or attempting to comply with any requirement of this part. | ||||
| 40:40:26.0.1.1.19.1.19.5 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | A | Subpart A—General Provisions | § 170.9 Violations of this part. | EPA | (a) Under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq. ) (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 labeling. For the purposes of this part, EPA interprets the term “use” to include: (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 violate… | ||||
| 40:40:26.0.1.1.19.2.19.1 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | B | Subpart B—Standard for Workers | § 170.102 Applicability of this subpart. | EPA | [60 FR 21952, May 3, 1995] | 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. | |||
| 40:40:26.0.1.1.19.2.19.10 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | B | Subpart B—Standard for Workers | § 170.135 Posted pesticide safety information. | EPA | [57 FR 38151, Aug. 21, 1992, as amended at 80 FR 67556, Nov. 2, 2015] | (a) Requirement. 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, pesticide safety information. (b) Pesticide safety poster. A safety poster must be displayed that conveys, at a minimum, the pesticide safety concepts listed in paragraphs (b)(1)(i) through (vii) and (b)(2) of this section. Displays conforming to § 170.311(a)(3) meet the requirements of this paragraph. (c) Emergency medical care information. (1) The name, address, and telephone number of the nearest emergency medical care facility shall be on the safety poster or displayed close to the safety poster. Displays conforming to § 170.311(a)(3)(ix) meet the requirements of this paragraph. (2) The agricultural employer shall inform workers promptly of any change to the information on emergency medical care facilities. (d) Location. (1) The information shall be displayed in a central location on the farm or in the nursery or greenhouse where it can be readily seen and read by workers. (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. Workers shall be informed of the location of the information and shall be allowed access to it. (f) Legibility. The information shall remain legible during the time it is posted. | |||
| 40:40:26.0.1.1.19.2.19.11 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | B | Subpart B—Standard for Workers | § 170.150 Decontamination. | EPA | [57 FR 38151, Aug. 21, 1992, as amended at 61 FR 33212, June 26, 1996] | (a)(1) Requirement. The agricultural employer must provide decontamination supplies for workers in accordance with this section whenever: (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. The 30-day time period established in paragraph (a)(1)(i) of this section shall not apply if the only pesticides used in the treated area are products with an REI of 4 hours or less on the label (but not a product without an REI on the label). When workers are in such treated areas, the agricultural employer shall provide decontamination supplies for not less than 7 days following the expiration of any applicable REI. (b) General conditions. (1) The agricultural employer shall provide workers with enough water for routine washing and emergency eyeflushing. At all times when the water is available to workers, the employer shall assure that it is of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed. (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 vehicl… | |||
| 40:40:26.0.1.1.19.2.19.12 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | B | Subpart B—Standard for Workers | § 170.160 Emergency assistance. | EPA | 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. | ||||
| 40:40:26.0.1.1.19.2.19.2 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | B | Subpart B—Standard for Workers | § 170.103 Exceptions. | EPA | [57 FR 38151, Aug. 21, 1992. Redesignated at 60 FR 21952, May 3, 1995] | Exceptions. This subpart does not apply when any pesticide is applied on an agricultural establishment in the following circumstances: (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. | |||
| 40:40:26.0.1.1.19.2.19.3 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | B | Subpart B—Standard for Workers | § 170.104 Exemptions. | EPA | [60 FR 21952, May 3, 1995, as amended at 73 FR 75598, Dec. 12, 2008] | The workers listed in this section are exempt from the specified provisions of this subpart. (a) Owners of agricultural establishments. (1) The owner of an agricultural establishment is not required to provide to himself or members of his immediate family who are performing tasks related to the production of agricultural plants on their own agricultural establishment the protections of: (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. (1) Provided that the conditions of paragraph (b)(2) of this section are met, a person 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, and persons performing crop advising tasks under such qualified crop advisor's direct supervision, are exempt from the provisions of: (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 equipm… | |||
| 40:40:26.0.1.1.19.2.19.4 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | B | Subpart B—Standard for Workers | § 170.110 Restrictions associated with pesticide applications. | EPA | (a) Farms and forests. During the application of any pesticide on a farm or in a forest, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler, to enter or to remain in the treated area. (b) Nurseries. In a nursery, during any pesticide application described in column A of Table 1 of this paragraph, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler, to enter or to remain in the area specified in column B of Table 1 of this paragraph. After the application is completed, until the end of any restricted-entry interval, the entry-restricted area is the treated area. Table 1—Entry-Restricted Areas in Nurseries During Pesticide Applications (c) Greenhouses. (1) When a pesticide application described in column A of Table 2 under paragraph (c)(4) of this section takes place in a greenhouse, the agricultural employer shall not allow or direct any person, other than an appropriately trained and equipped handler, to enter or to remain in the area specified in column B of Table 2 until the time specified in column C of Table 2 has expired. (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 … | ||||
| 40:40:26.0.1.1.19.2.19.5 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | B | Subpart B—Standard for Workers | § 170.112 Entry restrictions. | EPA | [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] | (a) General restrictions. (1) After the application of any pesticide on an agricultural establishment, the agricultural employer shall not allow or direct any worker to enter or to remain in the treated area before the restricted-entry interval specified on the pesticide labeling has expired, except as provided in this section. (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. A worker may enter a treated area during a restricted-entry interval if the agricultural employer assures that both of the following are met: (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. A worker may enter a treated area during a restricted-entry interval for short-term activities if the agricultural employer assures that the following requirements are met: (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 allowe… | |||
| 40:40:26.0.1.1.19.2.19.6 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | B | Subpart B—Standard for Workers | § 170.120 Notice of applications. | EPA | [57 FR 38151, Aug. 21, 1992, as amended at 61 FR 33207, June 26, 1996] | (a) Notification to workers of pesticide applications in greenhouses. The agricultural employer shall notify workers of any pesticide application in the greenhouse in accordance with this paragraph. (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. The agricultural employer shall notify workers of any pesticide application on the farm or in the nursery or forest in accordance with this paragraph. (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… | |||
| 40:40:26.0.1.1.19.2.19.7 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | B | Subpart B—Standard for Workers | § 170.122 Providing specific information about applications. | EPA | 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. The information shall be displayed in the location specified for the pesticide safety poster in § 170.135(d) and shall be accessible and legible, as specified in § 170.135 (e) and (f). (b) Timing. (1) If warning signs are posted for the treated area before an application, the specific application information for that application shall be posted at the same time or earlier. (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. The information shall include: (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. | ||||
| 40:40:26.0.1.1.19.2.19.8 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | B | Subpart B—Standard for Workers | § 170.124 Notice of applications to handler employers. | EPA | 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 mile of) and that may be treated with a pesticide or that may be under a restricted-entry interval while the handler will be on the agricultural establishment: (a) Specific location and description of any such areas; and (b) Restrictions on entering those areas. | ||||
| 40:40:26.0.1.1.19.2.19.9 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | B | Subpart B—Standard for Workers | § 170.130 Pesticide safety training for workers. | EPA | [57 FR 38151, Aug. 21, 1992, as amended at 60 FR 21947, 21952, May 3, 1995; 73 FR 75598, Dec. 12, 2008] | (a) General requirement —(1) Agricultural employer assurance. The agricultural employer shall assure that each worker, required by this section to be trained, has been trained according to this section during the last 5 years, counting from the end of the month in which the training was completed. (2) Requirement for workers performing early-entry activities. Before a worker enters a treated area on the agricultural establishment during a restricted-entry interval to perform early-entry activities permitted by § 170.112 and contacts anything that has been treated with the pesticide to which the restricted-entry interval applies, including but not limited to, soil, water, or surfaces of plants, the agricultural employer shall assure that the worker has been trained. (3) Requirements for other agricultural workers —(i) Information before entry. Except as provided in paragraph (a)(2) of this section, before a worker enters any areas on the agricultural establishment where, within the last 30 days a pesticide to which this subpart applies has been applied or the restricted-entry interval for such pesticide has been in effect, the agricultural employer shall assure that the worker has been provided the pesticide safety information specified in paragraph (c) of this section, in a manner that agricultural workers can understand, such as by providing written materials or oral communication or by other means. The agricultural employer must be able to verify compliance with this requirement. (ii) Training before the 6th day of entry. Except as provided in paragraph (a)(2) of this section, before the 6th day that a worker enters any areas on the agricultural establishment where, within the last 30 days a pesticide to which this subpart applies has been applied or a restricted-entry interval for such pesticide has been in effect, the agricultural employer shall assure that the worker has been trained. (b) Exceptions. The following persons need not be trained under this section: (1) A worker who is currently … | |||
| 40:40:26.0.1.1.19.3.19.1 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | C | Subpart C—Standard for Pesticide Handlers | § 170.202 Applicability of this subpart. | EPA | [60 FR 21952, May 3, 1995] | Except as provided by §§ 170.203 and 170.204, this subpart applies when any pesticide is handled for use on an agricultural establishment. | |||
| 40:40:26.0.1.1.19.3.19.10 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | C | Subpart C—Standard for Pesticide Handlers | § 170.235 Posted pesticide safety information. | EPA | [57 FR 38151, Aug. 21, 1992, as amended at 80 FR 67556, Nov. 2, 2015] | (a) Requirement. 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, pesticide safety information. (b) Pesticide safety poster. A safety poster must be displayed that conveys, at a minimum, the pesticide safety concepts listed in paragraphs (b)(1)(i) through (vii) and (b)(2) of this section. Displays conforming to § 170.311(a)(3) meet the requirements of this paragraph. (c) Emergency medical care information. (1) The name, address, and telephone number of the nearest emergency medical care facility shall be on the safety poster or displayed close to the safety poster. Displays conforming to § 170.311(a)(3)(ix) meet the requirements of this paragraph. (2) The handler employer shall inform handlers promptly of any change to the information on emergency medical care facilities. (d) Location. (1) The information shall be displayed in a central location on the farm or in the nursery or greenhouse where it can be readily seen and read by handlers. (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. Handlers shall be informed of the location of the information and shall be allowed access to it. (f) Legibility. The information shall remain legible during the time it is posted. | |||
| 40:40:26.0.1.1.19.3.19.11 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | C | Subpart C—Standard for Pesticide Handlers | § 170.240 Personal protective equipment. | EPA | [57 FR 38151, Aug. 21, 1992, as amended at 69 FR 53346, Sept. 1, 2004] | (a) Requirement. Any person who performs tasks as a pesticide handler shall use the clothing and personal protective equipment specified on the labeling for use of the product. (b) Definition. (1) 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. (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. When personal protective equipment is specified by the labeling of any pesticide for any handling activity, the handler employer shall provide the appropriate personal protective equipment in clean and operating condition to the handler. (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 … | |||
| 40:40:26.0.1.1.19.3.19.12 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | C | Subpart C—Standard for Pesticide Handlers | § 170.250 Decontamination. | EPA | [57 FR 38151, Aug. 21, 1992, as amended at 61 FR 33213, June 26, 1996] | (a) Requirement. During any handling activity, the handler employer shall provide for handlers, in accordance with this section, decontamination supplies for washing off pesticides and pesticide residues. (b) General conditions. (1) The handler employer shall provide handlers with enough water for routine washing, for emergency eyeflushing, and for washing the entire body in case of an emergency. At all times when the water is available to handlers, the handler employer shall assure that it is of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed. (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. The decontamination supplies shall be located together and be reasonably accessible to and not more than 1/4 mile from each handler during the handling activity. (1) Exception for mixing sites. For mixing activities, decontamination supplies shall be at the mixing site. (2) Exception for pilots. Decontamination supplies for a pilot who is applying pesticides aerially shall be in the airplaine or at the aircraft loading site. (3) Exception for handling pesticides in remote areas. When handling activities are performed more than 1/4 mile from the nearest place of vehicular access: (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 t… | |||
| 40:40:26.0.1.1.19.3.19.13 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | C | Subpart C—Standard for Pesticide Handlers | § 170.260 Emergency assistance. | EPA | 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. | ||||
| 40:40:26.0.1.1.19.3.19.2 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | C | Subpart C—Standard for Pesticide Handlers | § 170.203 Exceptions. | EPA | [57 FR 38151, Aug. 21, 1992. Redesignated at 60 FR 21952, May 3, 1995] | Exceptions. This subpart does not apply when any pesticide is handled for use on an agricultural establishment in the following circumstances: (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. | |||
| 40:40:26.0.1.1.19.3.19.3 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | C | Subpart C—Standard for Pesticide Handlers | § 170.204 Exemptions. | EPA | [60 FR 21953, May 3, 1995, as amended at 73 FR 75599, Dec. 12, 2008] | The handlers listed in this section are exempt from the specified provisions of this subpart. (a) Owners of agricultural establishments. (1) The owner of an agricultural establishment is not required to provide to himself or members of his immediate family who are performing handling tasks on their own agricultural establishment the protections of: (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. (1) Provided that the conditions of paragraph (b)(2) of this section are met, a person 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, and persons performing crop advising tasks under such qualified crop advisor's direct supervision, are exempt from the provisions of: (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. (i) The certification or licensing program requires pesticide safety training that includes, at least, all the information in § 170.230(c)(4). (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 … | |||
| 40:40:26.0.1.1.19.3.19.4 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | C | Subpart C—Standard for Pesticide Handlers | § 170.210 Restrictions during applications. | EPA | (a) Contact with workers and other persons. The handler employer and the handler shall assure that no pesticide is applied so as to contact, either directly or through drift, any worker or other person, other than an appropriately trained and equipped handler. (b) Handlers handling highly toxic pesticides. The handler employer shall assure that any handler who is performing any handling activity with a product that has the skull and crossbones symbol on the front panel of the label is monitored visually or by voice communication at least every 2 hours. (c) Fumigant applications in greenhouses. The handler employer shall assure: (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. | ||||
| 40:40:26.0.1.1.19.3.19.5 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | C | Subpart C—Standard for Pesticide Handlers | § 170.222 Providing specific information about applications. | EPA | 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. The information shall be displayed in the same location specified for the pesticide safety poster in § 170.235(d) of this part and shall be accessible and legible, as specified in § 170.235(e) and (f) of this part. (b) Timing. (1) If warning signs are posted for the treated area before an application, the specific application information for that application shall be posted at the same time or earlier. (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. The information shall include: (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. | ||||
| 40:40:26.0.1.1.19.3.19.6 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | C | Subpart C—Standard for Pesticide Handlers | § 170.224 Notice of applications to agricultural employers. | EPA | 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. | ||||
| 40:40:26.0.1.1.19.3.19.7 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | C | Subpart C—Standard for Pesticide Handlers | § 170.230 Pesticide safety training for handlers. | EPA | [57 FR 38151, Aug. 21, 1992, as amended at 60 FR 21953, May 3, 1995] | (a) Requirement. Before any handler performs any handling task, the handler employer shall assure that the handler has been trained in accordance with this section during the last 5 years, counting from the end of the month in which the training was completed. (b) Exceptions. The following persons need not be trained under this section: (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. (1) General pesticide safety information shall be presented to handlers either orally from written materials or audiovisually. The information must be presented in a manner that the handlers can understand (such as through a translator). The presenter also shall respond to handlers' questions. (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 mea… | |||
| 40:40:26.0.1.1.19.3.19.8 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | C | Subpart C—Standard for Pesticide Handlers | § 170.232 Knowledge of labeling and site-specific information. | EPA | (a) Knowledge of labeling information. (1) The handler employer shall assure that before the handler performs any handling activity, the handler either has read the product labeling or has been informed in a manner the handler can understand of all labeling requirements related to safe use of the pesticide, such as signal words, human hazard precautions, personal protective equipment requirements, first aid instructions, environmental precautions, and any additional precautions pertaining to the handling activity to be performed. (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. Whenever a handler who is employed by a commercial pesticide handling establishment will be performing pesticide handling tasks on an agricultural establishment, the handler employer shall assure that the handler 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 mile of) and that may be treated with a pesticide or that may be under a restricted-entry interval while the handler will be on the agricultural establishment: (1) Specific location and description of any such areas; and (2) Restrictions on entering those areas. | ||||
| 40:40:26.0.1.1.19.3.19.9 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | C | Subpart C—Standard for Pesticide Handlers | § 170.234 Safe operation of equipment. | EPA | (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. | ||||
| 40:40:26.0.1.1.19.4.19.1 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | D | Subpart D—General Provisions | § 170.301 Scope and purpose. | EPA | 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. | ||||
| 40:40:26.0.1.1.19.4.19.2 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | D | Subpart D—General Provisions | § 170.303 Applicability of this part. | EPA | (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. | ||||
| 40:40:26.0.1.1.19.4.19.3 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | D | Subpart D—General Provisions | § 170.305 Definitions. | EPA | [80 FR 67557, Nov. 2, 2015, as amended at 85 FR 68781, Oct. 30, 2020] | 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 means any person who is an owner of, or is responsible for the management or condition of, an agricultural establishment, and who employs any worker or handler. Agricultural establishment means any farm, forest operation, or nursery engaged in the outdoor or enclosed space production of agricultural plants. An establishment that is not primarily agricultural is an agricultural establishment if it produces agricultural plants for transplant or use (in part or their entirety) in another location instead of purchasing the agricultural plants. Agricultural plant means any plant, or part thereof, grown, maintained, or otherwise produced for commercial purposes, including growing, maintaining or otherwise producing plants for sale or trade, for research or experimental purposes, or for use in part or their entirety in another location. Agricultural plant includes, but is not limited to, grains, fruits and vegetables; wood fiber or timber products; flowering and foliage plants and trees; seedlings and transplants; and turf grass produced for sod. Agricultural plant does not include pasture or rangeland used for grazing. Application exclusion zone means the area surrounding the point(s) of pesticide discharge from the application equipment that must generally be free of all persons during pesticide applications. Chemigation means the application of pesticides through irrigation systems. Closed system means an engineering control used to protect handlers from pesticide exposure hazards when mixing and loading pesticides. Commercial pesticide handler employer means any person, other than an agricultural employer, who employs any handler to perform handler activities on an agricultural establishment. A labor contractor who does not provide pesticide application services … | |||
| 40:40:26.0.1.1.19.4.19.4 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | D | Subpart D—General Provisions | § 170.309 Agricultural employer duties. | EPA | 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) fo… | ||||
| 40:40:26.0.1.1.19.4.19.5 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | D | Subpart D—General Provisions | § 170.311 Display requirements for pesticide safety information and pesticide application and hazard information. | EPA | (a) Display of Pesticide Safety Information. Whenever pesticide safety information and pesticide application and hazard information are required to be provided under § 170.309(h), pesticide safety information must be displayed in accordance with this paragraph. (1) General. The pesticide safety information must be conveyed in a manner that workers and handlers can understand. (2) Content prior to January 1, 2018. Prior to January 1, 2018, the safety information must include all of the following points: (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. After January 1, 2018, the pesticide safety information must include all of the points in § 170.311(a)(3)(i)-(x) instead of the points listed in § 170.311(a)(2)(i)-(ix). (i) Avoid getting on the skin or into the body any pesticides that may be on or in plants, soil, irrigation water, tracto… | ||||
| 40:40:26.0.1.1.19.4.19.6 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | D | Subpart D—General Provisions | § 170.313 Commercial pesticide handler employer duties. | EPA | 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 … | ||||
| 40:40:26.0.1.1.19.4.19.7 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | D | Subpart D—General Provisions | § 170.315 Prohibited actions. | EPA | 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). | ||||
| 40:40:26.0.1.1.19.4.19.8 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | D | Subpart D—General Provisions | § 170.317 Violations of this part. | EPA | (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. | ||||
| 40:40:26.0.1.1.19.5.19.1 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | E | Subpart E—Requirements for Protection of Agricultural Workers | § 170.401 Training requirements for workers. | EPA | (a) General requirement. Before any worker performs any task 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 each worker has been trained in accordance with this section within the last 12 months, except as provided in paragraph (b) of this section. (b) Exceptions. The following workers need not be trained under this section: (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. (1) Pesticide safety training must be presented to workers either orally from written materials or audio-visually, at a location that is reasonably free from distraction and conducive to training. All training materials must be EPA-approved. The training must be presented in a manner that the workers can understand, such as through a translator. The training must be conducted by a person who meets the worker trainer requirements of paragraph (c)(4) of this section, and who must be present during the entire training program and must respond to workers' questions. (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. … | ||||
| 40:40:26.0.1.1.19.5.19.2 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | E | Subpart E—Requirements for Protection of Agricultural Workers | § 170.403 Establishment-specific information for workers. | EPA | 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. | ||||
| 40:40:26.0.1.1.19.5.19.3 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | E | Subpart E—Requirements for Protection of Agricultural Workers | § 170.405 Entry restrictions associated with pesticide applications. | EPA | [80 FR 67562, Nov. 2, 2015, as amended at 85 FR 68781, Oct. 30, 2020; 89 FR 80786, Oct. 4, 2024] | (a) Outdoor production pesticide applications. (1) The application exclusion zone is defined as follows: (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 rema… | |||
| 40:40:26.0.1.1.19.5.19.4 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | E | Subpart E—Requirements for Protection of Agricultural Workers | § 170.407 Worker entry restrictions after pesticide applications. | EPA | (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. | ||||
| 40:40:26.0.1.1.19.5.19.5 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | E | Subpart E—Requirements for Protection of Agricultural Workers | § 170.409 Oral and posted notification of worker entry restrictions. | EPA | (a) General Requirement. The agricultural employer must notify workers of all entry restrictions required by §§ 170.405 and 170.407 in accordance with this section. (1 ) Type of notification required —(i) Double notification. If the pesticide product labeling has a statement requiring both the posting of treated areas and oral notification to workers, the agricultural employer must post signs in accordance with paragraph (b) of this section and must also provide oral notification of the application to workers in accordance with paragraph (c) of this section. (ii) Outdoor production areas subject to restricted-entry intervals greater than 48 hours. If a pesticide with product labeling that requires a restricted-entry interval greater than 48 hours is applied to an outdoor production area, the agricultural employer must notify workers of the application by posting warning signs in accordance with paragraph (b) of this section. (iii) Outdoor production areas subject to restricted-entry intervals equal to or less than 48 hours. If a pesticide with product labeling that requires a restricted-entry interval equal to or less than 48 hours is applied to an outdoor production area, the agricultural employer must notify workers of the application either by posting warning signs in accordance with paragraph (b) of this section or by providing workers with an oral warning in accordance with paragraph (c) of this section. (iv) Enclosed space production areas subject to restricted-entry intervals greater than four hours. If a pesticide with product labeling that requires a restricted-entry interval greater than four hours is applied to an enclosed space production area, the agricultural employer must notify workers of the application by posting warning signs in accordance with paragraph (b) of this section. (v) Enclosed space production areas subject to restricted-entry intervals equal to or less than four hours. If a pesticide with product labeling that requires a restricted-entry interval equal to or less th… | ||||
| 40:40:26.0.1.1.19.5.19.6 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | E | Subpart E—Requirements for Protection of Agricultural Workers | § 170.411 Decontamination supplies for workers. | EPA | (a) Requirement. The agricultural employer must provide decontamination supplies for routine washing and emergency decontamination in accordance with this section for any worker on an agricultural establishment who is performing an activity in an area where a pesticide was applied and who contacts anything that has been treated with the pesticide, including, but not limited to, soil, water, and plants. (b) Materials and quantities. The decontamination supplies required in paragraph (a) of this section must include at least 1 gallon of water per worker at the beginning of each worker's work period for routine washing and emergency decontamination, soap, and single-use towels. The supplies must meet all of the following requirements: (1) Water. At all times when this part requires agricultural employers to make water available to workers, the agricultural employer must ensure that it is of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed. If a water source is used for mixing pesticides, it must not be used for decontamination, unless equipped with properly functioning valves or other mechanisms that prevent contamination of the water with pesticides, such as anti-backflow siphons, one-way or check valves, or an air gap sufficient to prevent contamination. (2) Soap and single-use towels. The agricultural employer must provide soap and single-use towels for drying in quantities sufficient to meet the workers' reasonable needs. Hand sanitizing gels and liquids or wet towelettes do not meet the requirement for soap. Wet towelettes do not meet the requirement for single-use towels. (c) Timing. (1) If any pesticide with a restricted-entry interval greater than four hours was applied, the decontamination supplies must be provided from the time workers first enter the treated area until at least 30 days after the restricted-entry interval expires. (2) If the only pesticides applied in the treated area are products with restricted-entry in… | ||||
| 40:40:26.0.1.1.19.6.19.1 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | F | Subpart F—Requirements for Protection of Agricultural Pesticide Handlers | § 170.501 Training requirements for handlers. | EPA | [80 FR 67567, Nov. 2, 2015, as amended at 85 FR 68781, Oct. 30, 2020; 89 FR 80787, Oct. 4, 2024] | (a) General requirement. Before any handler performs any handler activity involving a pesticide product, the handler employer must ensure that the handler has been trained in accordance with this section within the last 12 months, except as provided in paragraph (b) of this section. (b) Exceptions. The following handlers need not be trained under this section: (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. (1) Pesticide safety training must be presented to handlers either orally from written materials or audio-visually, at a location that is reasonably free from distraction and conducive to training. All training materials must be EPA-approved. The training must be presented in a manner that the handlers can understand, such as through a translator. The training must be conducted by a person who meets the handler trainer requirements of paragraph (c)(4) of this section, and who must be present during the entire training program and must respond to handlers' questions. (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 fir… | |||
| 40:40:26.0.1.1.19.6.19.2 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | F | Subpart F—Requirements for Protection of Agricultural Pesticide Handlers | § 170.503 Knowledge of labeling, application-specific, and establishment-specific information for handlers. | EPA | (a) Knowledge of labeling and application-specific information. (1) The handler employer must ensure that before any handler performs any handler activity involving a pesticide product, the handler either has read the portions of the labeling applicable to the safe use of the pesticide or has been informed in a manner the handler can understand of all labeling requirements and use directions applicable to the safe use of the pesticide. (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. Before any handler performs any handler activity 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 handler employer must ensure that the handler has been informed, in a manner the handler can understand, all of the following 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. | ||||
| 40:40:26.0.1.1.19.6.19.3 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | F | Subpart F—Requirements for Protection of Agricultural Pesticide Handlers | § 170.505 Requirements during applications to protect handlers, workers, and other persons. | EPA | [80 FR 67567, Nov. 2, 2015, as amended at 85 FR 68781, Oct. 30, 2020; 89 FR 80787, Oct. 4, 2024] | (a) Prohibition from contacting workers and other persons with pesticides during application. The handler employer and the handler must ensure that no pesticide is applied so as to contact, directly or through drift, any worker or other person, other than an appropriately trained and equipped handler involved in the application. (b) Suspending applications. (1) Any handler performing a pesticide application must immediately suspend the pesticide application if any worker or other person is 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. (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 memb… | |||
| 40:40:26.0.1.1.19.6.19.4 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | F | Subpart F—Requirements for Protection of Agricultural Pesticide Handlers | § 170.507 Personal protective equipment. | EPA | (a) Handler responsibilities. Any person who performs handler activities involving a pesticide product must use the clothing and personal protective equipment specified on the pesticide product labeling for use of the product, except as provided in § 170.607 of this part. (b) Employer responsibilities for providing personal protective equipment. The handler employer must provide to the handler the personal protective equipment required by the pesticide product labeling in accordance with this section. The handler employer must ensure that the personal protective equipment is clean and in proper operating condition. For the purposes of this section, long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, and socks are not considered personal protective equipment, although such work clothing must be worn if required by the pesticide product labeling. (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… | ||||
| 40:40:26.0.1.1.19.6.19.5 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | F | Subpart F—Requirements for Protection of Agricultural Pesticide Handlers | § 170.509 Decontamination and eye flushing supplies for handlers. | EPA | (a) Requirement. The handler employer must provide decontamination and eye flushing supplies in accordance with this section for any handler that is performing any handler activity or removing personal protective equipment at the place for changing required by § 170.507(d)(9). (b) General conditions. The decontamination supplies required in paragraph (a) of this section must include: at least three gallons of water per handler at the beginning of each handler's work period for routine washing and potential emergency decontamination; soap; single-use towels; and clean clothing for use in an emergency. The decontamination and eye flushing supplies required in paragraph (a) of this section must meet all of the following requirements: (1) Water. At all times when this section requires handler employers to make water available to handlers for routine washing, emergency decontamination or eye flushing, the handler employer must ensure that it is of a quality and temperature that will not cause illness or injury when it contacts the skin or eyes or if it is swallowed. If a water source is used for mixing pesticides, it must not be used for decontamination or eye flushing supplies, unless equipped with properly functioning valves or other mechanisms that prevent contamination of the water with pesticides, such as anti-backflow siphons, one-way or check valves, or an air gap sufficient to prevent contamination. (2) Soap and single-use towels. The handler employer must provide soap and single-use towels for drying in quantities sufficient to meet the handlers' needs. Hand sanitizing gels and liquids or wet towelettes do not meet the requirement for soap. Wet towelettes do not meet the requirement for single-use towels. (3) Clean change of clothing. The handler employer must provide one clean change of clothing, such as coveralls, for use in an emergency. (c) Location. The decontamination supplies must be located together outside any treated area or area subject to a restricted-entry interval, and must be r… | ||||
| 40:40:26.0.1.1.19.7.19.1 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | G | Subpart G—Exemptions, Exceptions and Equivalency | § 170.601 Exemptions. | EPA | [80 FR 67570, Nov. 2, 2015, as amended at 85 FR 68782, Oct. 30, 2020; 89 FR 80787, Oct. 4, 2024] | (a) Exemption for owners of agricultural establishments and their immediate families. (1) On any agricultural establishment where a majority of the establishment is owned by one or more members of the same immediate family, the owner(s) of the establishment (and, where specified in the following, certain handlers) are not required to provide the protections of the following provisions to themselves or members of their immediate family when they are performing handling activities or tasks related to the production of agricultural plants that would otherwise be covered by this part on their own agricultural establishment. (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. Certified crop advisors may make their own determination for the appropriate personal protective equipment for entry into a treat… | |||
| 40:40:26.0.1.1.19.7.19.2 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | G | Subpart G—Exemptions, Exceptions and Equivalency | § 170.603 Exceptions for entry by workers during restricted-entry intervals. | EPA | 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. A worker may enter a treated area during a restricted-entry interval if the agricultural employer ensures that all of the following conditions are met: (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. A worker may enter a treated area during a restricted-entry interval for short-term activities, if the agricultural employer ensures that all of the following requirements are met: (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. (1) An agricultural emergency means a sudden occurrence or set of circumstances that the agricultural employer could not have anticipated and over which the agricultu… | ||||
| 40:40:26.0.1.1.19.7.19.3 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | G | Subpart G—Exemptions, Exceptions and Equivalency | § 170.605 Agricultural employer responsibilities to protect workers entering treated areas during a restricted-entry interval. | EPA | 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 … | ||||
| 40:40:26.0.1.1.19.7.19.4 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | G | Subpart G—Exemptions, Exceptions and Equivalency | § 170.607 Exceptions to personal protective equipment requirements specified on pesticide product labeling. | EPA | (a) Body protection. (1) A chemical-resistant suit may be substituted for coveralls. If a chemical-resistant suit is substituted for coveralls, any labeling requirement for an additional layer of clothing beneath the coveralls is waived. (2) A chemical-resistant suit may be substituted for coveralls and a chemical-resistant apron. (b) Boots. If chemical-resistant footwear with sufficient durability and a tread appropriate for wear in rough terrain is not obtainable, then leather boots may be worn in such terrain. (c) Gloves. If chemical-resistant gloves with sufficient durability and suppleness are not obtainable, then during activities with plants with sharp thorns, leather gloves may be worn over chemical-resistant glove liners. However, once leather gloves are worn for this use, thereafter they must be worn only with chemical-resistant liners and they must not be worn for any other use. (d) Closed systems. (1) When pesticides are being mixed or loaded using a closed system that meets all of the requirements in paragraph (d)(2) of this section, and the handler employer meets the requirements of paragraph (d)(3) of this section, the following exceptions to labeling-specified personal protective equipment are permitted: (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 tra… | ||||
| 40:40:26.0.1.1.19.7.19.5 | 40 | Protection of Environment | I | E | 170 | PART 170—WORKER PROTECTION STANDARD | G | Subpart G—Exemptions, Exceptions and Equivalency | § 170.609 Equivalency requests. | EPA | (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. The request must be in the form of a letter from the State or Tribe to EPA that includes all of the following: (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… |
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subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);