Safety Standards for Agriculture


Pesticides (Worker Protection Standard)
Chapter 296-307 WAC, Part I

WAC

296-307-107 Federal worker protection standard--Washington state department of agriculture. 
296-307-110
Scope and purpose--Worker protection standards--40 CFR, 170.1. 
296-307-11005
Definitions--Worker protection standards--40 CFR, 170.3 
296-307-11010
General duties and prohibited actions--Worker protection standards--40 CFR, 170.7. 
296-307-11015
Violations of this part--Worker protection standards--40 CFR, 170.9.
296-307-120
Applicability of this section--Standards for workers--40 CFR, 170.102. 
296-307-12005
Exceptions--Standards for workers--40 CFR, 170.103. 
296-307-12010
Exemptions--Standards for workers--40 CFR, 170.104. 
296-307-12015
Restrictions associated with pesticide applications-Standards for workers--40 CFR, 170.110. 
296-307-12020
Entry restrictions--Standards for workers--40 CFR, 170.112 
296-307-12025
Notice of applications--Standards for workers--40 CFR, 170.120. 
296-307-12030 Providing specific information about applications--Standards for workers--40 CFR, 170.122. 
296-307-12035 Notice of applications to handler employers--Standards for workers--40 CFR, 170.124. 
296-307-12040
Pesticide safety training-Standards for workers--40 CFR, 170.130. 
296-307-12045
Posted pesticide safety information--Standards for workers--40 CFR, 170.135. 
296-307-12050
Decontamination--Standards for workers--40 CFR, 170.150. 
296-307-12055
Emergency assistance--Standards for workers--40 CFR, 170.160. 
296-307-130
Applicability of this section--Standards for pesticide handlers--40 CFR, 170.202. 
296-307-13005
Exemptions--Standards for handlers--40 CFR, 170.204. 
296-307-13010
Restrictions during applications--Standards for pesticide handlers--40 CFR, 170.210. 
296-307-13015 Providing specific information about applications--Standards for pesticide handlers--40 CFR, 170.222. 
296-307-13020 Notice of applications to agricultural employers--Standards for pesticide handlers--40 CFR, 170.224. 
296-307-13025 Pesticide safety training--Standards for pesticide handlers--40 CFR, 170.230. 
296-307-13030
Knowledge of labeling and site-specific information--Standards for pesticide handlers--40 CFR, 170.232. 
296-307-13035 Safe operation of equipment--Standards for pesticide handlers--40 CFR, 170.234. 
296-307-13040 Posted pesticide safety information--Standards for pesticide handlers--40 CFR, 170.235. 
296-307-13045 Personal protective equipment--Standards for pesticide handlers--40 CFR, 170.240. 
296-307-13050
Decontamination--Standards for pesticide handlers--40 CFR, 170.250. 
296-307-13055
Emergency assistance--Standards for pesticide handlers--40 CFR, 170.260 

WAC 296-307-107 Federal worker protection standards--Washington state department of agriculture. 

This chapter contains the federal Environmental Protection Agency worker protection standards as listed in 40 CFR, Part 170. Revisions to the federal language have been incorporated into this chapter in order to be consistent with other requirements of Washington state law. These rules are adopted in conjunction with rules adopted by the Washington state department of labor and industries in chapter 296-307 WAC, Part I.

[Statutory Authority: RCW 49.17.050. 09-17-119 (Order 09-15), § 296-307-107, filed 08/18/09, effective 10/01/09. Statutory Authority: Chapter 49.17.040 RCW. 98-24-096 (Order 98-13) 296-307-107, filed 12/01/98, effective 03/01/99. [Recodified as 296-307-107. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, 296-306A-107, filed 9/30/96, effective 11/1/96.]

WAC 296-307-110 Scope and purpose--Worker protection standards--40 CFR, 170.1. 

This part contains standards 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 to reduce 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.

[Recodified as 296-307-110. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, 296-306A-110, filed 9/30/96, effective 11/1/96.]

WAC 296-307-11005 Definitions--Worker protection standards--40 CFR, 170.3. 

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 emergency” means a sudden occurrence or set of circumstances which the agricultural employer could not have anticipated and over which the agricultural employer has no control, and which requires entry into a pesticide treated area during a restricted-entry interval, when no alternative practices would prevent or mitigate a substantial economic loss.

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.

Note: This definition does not conflict with the definition of employer in WAC 296-307-012.

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.

Animal premise” means the actual structure used to house, cage or confine animals such as: Barns, poultry houses, mink sheds, corrals, or structures used for shelter.

Chemigation” means the application of pesticides through irrigation systems.

Commercial pesticide handling establishment” means any establishment, other than an agricultural establishment, that:

  • Employs any person, including a self-employed person, to apply on an agricultural establishment, pesticides used in the production of agricultural plants.

  • 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 and who holds a current Washington state department of agriculture commercial consultant license in the agricultural areas in which they are advising. 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 pesticide product that is a vapor or gas, or forms a vapor or gas on application, and whose method of pesticidal action is through the gaseous state.

Greenhouse” means any operation engaged in the production of agricultural plants inside any structure or space that is enclosed with nonporous covering and that is of sufficient size to permit worker entry. This term includes, but is not limited to, polyhouses, mushroom houses, rhubarb houses, and similar structures. It does not include such structures as malls, atriums, conservatories, arboretums, or office buildings where agricultural plants are present primarily for aesthetic or climatic modification.

Hand labor” means any agricultural activity performed by hand or with hand tools that cause a worker to have substantial contact with surfaces (such as plants, plant parts, or soil) that may contain pesticide residues. The activities include, but are not limited to, harvesting, detasseling, thinning, weeding, topping, planting, sucker removal, pruning, disbudding, roguing, and packing produce into containers in the field. Hand labor does not include operating, moving, or repairing irrigation or watering equipment or performing the tasks of crop advisors.

Handler” means a person, including a self-employed person.

  • Who is employed for any type of compensation by an agricultural establishment or commercial pesticide handling establishment of which WAC 296-307-130 applies and who is:
  • Mixing, loading, transferring, or applying pesticides.
  • Disposing of pesticides or pesticide containers.
  • Handling opened containers of pesticides.
  • Acting as a flagger.
  • Cleaning, adjusting, handling, or repairing the parts of mixing, loading, or application equipment that may contain pesticide residues.
  • Assisting with the application of pesticides.
  • Entering a greenhouse or other enclosed area after the application and before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established by WAC 296-307-12015(3)(c) or in the labeling has been met:
  • To operate ventilation equipment
  • To adjust or remove coverings used in fumigation.
  • To monitor air levels.
    • Entering a treated area outdoors after application of any soil fumigant to adjust or remove soil coverings such as tarpaulins.
    • Performing tasks as a crop advisor:
    • During any pesticide application.
    • Before the inhalation exposure level in the labeling has been reached or one of the ventilation criteria established by WAC 296-307-12015 (3)(c) or in the labeling has been met.
    • During any restricted-entry interval.

    The term does not include any person who is only handling pesticide containers that have been emptied or cleaned according to pesticide product labeling instructions or, in the absence of such instructions, have been subjected to triple-rinsing or its equivalent.

    Handler employer” means any person who is self-employed as a handler or who employs any handler, for any type of compensation.

    Immediate family” includes only spouse, children, stepchildren, foster children, parents, stepparents, foster parents, brothers, and sisters.

    Nursery” means any operation engaged in the outdoor production of any agricultural plant to produce cut flowers and ferns or plants that will be used in their entirety in another location. Such plants include, but are not limited to, flowering and foliage plants or trees; tree seedlings; live Christmas trees; vegetable, fruit, and ornamental transplants; and turfgrass produced for sod.

    Owner” means any person who has a present possessory interest (fee, leasehold, rental, or other) in an agricultural establishment covered by this chapter. A person who has both leased such agricultural establishment to another person and granted that same person the right and full authority to manage and govern the use of such agricultural establishment is not an owner for purposes of this part.

    Restricted-entry interval” means the time after the end of a pesticide application during which entry into the treated area is restricted.

    Substantial economic loss” means a loss in profitability greater than that which would be expected based on the experience and fluctuations of crop yields in previous years. Only losses caused by the agricultural emergency specific to the affected site and geographic area are considered. The contribution of mismanagement cannot be considered in determining the loss.

    Treated area” means any area to which a pesticide is being directed or has been directed.

    Worker” means any person, including a self-employed person, who is employed for any type of compensation and who is performing activities relating to the production of agricultural plants on an agricultural establishment to which WAC 296-307-120 applies. While persons employed by a commercial pesticide handling establishment are performing tasks as crop advisors, they are not workers covered by the requirements of WAC 296-307-120.

    [Statutory Authority: Chapter 49.17.040 RCW. 98-24-096 (Order 98-13) 296-307-11005, filed 12/01/98, effective 03/01/99. [Recodified as 296-307-11005. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, 296-306A-11005, filed 9/30/96, effective 11/1/96.]

     

    WAC 296-307-11010 General duties and prohibited actions--Worker protection standards--40 CFR, 170.7.

    (1) General duties. The agricultural employer or the handler employer, as appropriate, shall:

    (a) Assure that each worker subject to WAC 296-307-120 or each handler subject to WAC 296-307-130 receives the protections required by this part.

    (b) Assure that any pesticide to which WAC 296-307-130 applies is used in a manner consistent with the labeling of the pesticide, including the requirements of this part.

    (c) 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.

    (d) 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.

    (2) 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.

    [Statutory Authority: Chapter 49.17.040 RCW. 98-24-096 (Order 98-13) 296-307-11010, filed 12/01/98, effective 03/01/99. [Recodified as 296-307-11010. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, 296-306A-11010, filed 9/30/96, effective 11/1/96.]

    WAC 296-307-11015 Violations of this part--Worker protection standards--40 CFR, 170.9.

    (1) RCW 15.58.150 (2)(c) provides that it is unlawful for any person “. . to use or cause to be used any pesticide contrary to label directions . ..” When 40 CFR, Part 170 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 purposes of this chapter, the term “use” is interpreted to include:

    (a) 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.

    Note: Additional requirements in WAC 296-307-097, Outdoor heat exposure, may apply between May 1st and September 30th of each year. See Part G-1.

    (b) Application of the pesticide.

    (c) 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 thirty days. These activities include, but are not limited to, responsibilities related to worker training, notification, and decontamination.

    (d) 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.

    (2) A person who has a duty under this chapter, as referenced on the pesticide product label, and who fails to perform that duty, violates RCW 15.58.330 and 17.21.315, and is subject to civil penalties under RCW 15.58.335, 15.58.260 and 17.21.315.

    (3) 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.

    (4) The requirements of this chapter, including the decontamination requirements, shall not, for the purposes of section 653 (b)(1) of Title 29 of the U.S. Code, be deemed to be the exercise of statutory authority to prescribe or enforce standards or regulations affecting the general sanitary hazards addressed by Field Sanitation, WAC 296-307-095, or other agricultural, nonpesticide hazards.

    [Statutory Authority: RCW 49.17.010, .040, .050, and .060. 09-07-098 (Order 08-21), § 296-307-11015, filed 03/18/09, effective 05/01/09. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 05-01-166 (Order 04-19), § 296-307-11015, filed 12/21/04, effective 04/02/05. Recodified as 296-307-11015. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, 296-306A-11015, filed 9/30/96, effective 11/1/96.]

    STANDARD FOR WORKERS

    WAC 296-307-120 Applicability of this section--Standards for workers--40 CFR, 170.102.

    Requirement. Except as provided by WAC 296-307-12005 and 296-307-12010, WAC 296-307-120 applies when any pesticide product is used on an agricultural establishment in the production of agricultural plants.

    [Statutory Authority: Chapter 49.17.040 RCW. 98-24-096 (Order 98-13) 296-307-120, filed 12/01/98, effective 03/01/99. [Recodified as 296-307-120. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, 296-306A-120, filed 9/30/96, effective 11/1/96.]

    WAC 296-307-12005 Exceptions--Standards for workers--40 CFR, 170.103. 

    This section does not apply when any pesticide is applied on an agricultural establishment in the following circumstances:

    (1) For mosquito abatement, Mediterranean fruit fly eradication, or similar wide-area public pest control programs sponsored by governmental entities.

    (2) On livestock or other animals, or in or about animal premises.

    (3) On plants grown for other than commercial or research purposes, which may include plants in habitations, home fruit and vegetable gardens, and home greenhouses.

    (4) 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.

    (5) By injection directly into agricultural plants. Direct injection does not include “hack and squirt,” “frill and spray,” chemigation, soil-incorporation, or soil-injection.

    (6) 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.

    (7) For control of vertebrate pests.

    (8) As attractants or repellents in traps.

    (9) On the harvested portions of agricultural plants or on harvested timber.

    (10) For research uses of unregistered pesticides.

    [Recodified as 296-307-12005. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, 296-306A-12005, filed 9/30/96, effective 11/1/96.]

     

    WAC 296-307-12010 Exemptions--Standards for workers--40 CFR, 170.104. 

    The workers listed in this section are exempt from the specified provisions of WAC 296-307-120.

    (1) Owners of agricultural establishments.

    (a) The owner of an agricultural establishment is not required to provide to himself/herself or members of his/her immediate family who are performing tasks related to the production of agricultural plants on their own agricultural establishment the protections of:

    (i) WAC 296-307-12020 (3)(e) through (i);

    (ii) WAC 296-307-12020 (3)(e) through (i); as referenced in WAC 296-307-12020 (4)(b)(iii) and (5);

    (iii) WAC 296-307-12025;

    (iv) WAC 296-307-12030;

    (v) WAC 296-307-12040;

    (vi) WAC 296-307-12045;

    (vii) WAC 296-307-12050;

    (viii) WAC 296-307-12055.

    (b) The owner of the agricultural establishment must provide the protections listed in (a)(i) through (viii) of this subsection to other workers and other persons who are not members of his/her immediate family.

    (2) Crop advisors.

    (a) Provided that the conditions 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) WAC 296-307-12050.

    (ii) WAC 296-307-12055.

    A person is under the direct supervision of a crop advisor when the crop advisor exerts the supervisory controls set out in (b)(iii) and (iv) of this subsection. 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.

    (b) Conditions of exemption.

    (i) The certification or licensing program requires pesticide safety training that includes, at least, all the information in WAC 296-307-13025 (3)(d).

    (ii) Applies only when performing crop advising tasks in the treated area.

    (iii) The crop advisor must make specific determinations regarding the appropriate PPE, appropriate decontamination supplies, and how to conduct the tasks safely. The crop advisor must convey this information to each person under his direct supervision in a language that the person understands.

    (iv) Before entering a treated area, the certified or licensed crop advisor must inform, through an established practice of communication, each person under his/her direct supervision of the pesticide product and active ingredient(s) applied, method of application, time of application, the restricted entry interval which tasks to undertake, and how to contact the crop advisor.

    [Statutory Authority: Chapter 49.17.040 RCW. 98-24-096 (Order 98-13) 296-307-12010, filed 12/01/98, effective 03/01/99. [Recodified as 296-307-12010. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, 296-306A-12010, filed 9/30/96, effective 11/1/96.]

    WAC 296-307-12015 Restrictions associated with pesticide applications--Standards for workers--40 CFR, 170.110.

    (1) 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.

    (2) Nurseries. In a nursery, during any pesticide application described in column A of Table 1 of this section, 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 section. 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

    A. During Application of a Pesticide:

    B. Workers are Prohibited in:

    (1)(a) Applied: (i) Aerially, or (ii) In an upward direction, or (iii) Using a spray pressure greater than 150 psi, or (b) Applied as a: (i) Fumigant, or (ii) Smoke, or (iii) Mist, or (iv) Fog, or (v) Aerosol.

    Treated area plus 100 feet in all directions on the nursery

    (2)(a) Applied downward using: (i) A height of greater than 12 inches from the planting medium, or (ii) A fine spray, or (iii) A spray pressure greater than 40 psi and less than 150 psi. (b) Not as in 1 or 2(a) above but for which a respiratory protection device is required for application by the product labeling.

    Treated area plus 25 feet in all directions on the nursery

    (3) Applied otherwise

    Treated area

    (3) Greenhouses.

    (a) When a pesticide application described in column A of Table 2 under (d) of this subsection 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.

    (b) After the time specified in column C of Table 2 under (d) of this subsection 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 (d) of this subsection, except as provided in WAC 296-307-12020.

    (c) When column C of Table 2 under (d) of this subsection specifies that ventilation criteria must be met, ventilation shall continue until the air concentration is measured to be equal to or less than the inhalation exposure level the labeling requires to be achieved. If no inhalation exposure level is listed on the labeling, ventilation shall continue until after:

    (i) Ten air exchanges are completed; or

    (ii) Two hours of ventilation using fans or other mechanical ventilating systems; or

    (iii) Four hours of ventilation using vents, windows or other passive ventilation; or

    (iv) Eleven hours with no ventilation followed by one hour of mechanical ventilation; or

    (v) Eleven hours with no ventilation followed by two hours of passive ventilation; or

    (vi) Twenty-four hours with no ventilation.

    (d) The following Table 2 applies to (a), (b) and (c) of this subsection.

    TABLE 2.--GREENHOUSE ENTRY RESTRICTIONS

    ASSOCIATED WITH PESTICIDE APPLICATIONS

    A. When a pesticide is Applied:

    B. Workers are Prohibited in:

    Until:

    D. After the Expiration of Time in Column C Until the Restricted-Entry Interval Expires, the Entry-Restricted Area is:

    (1) As a fumigant

    Entire greenhouse plus any adjacent structure that cannot be sealed off from the treated area

    The ventilation criteria of (c) of this subsection are met

    No entry restrictions after criteria in column C are met

    (2) As a: (i) Smoke, or (ii) Mist, or (iii) Fog, or (iv) Aerosol

    Entire enclosed area

    The ventilation criteria of (c) of this subsection are met

    Entire enclosed area in the treated area

    (3) Not in 1 or 2 above, and for which a respiratory protection device is required for application by the product labeling

    Entire enclosed area

    The ventilation criteria of (c) of this subsection are met

    Treated area

    (4) Not in 1, 2, or 3 above, and: (i) From a height greater than 12 in. from the planting medium, or (ii) As a fine spray, or (iii) Using a spray pressure greater than 40 psi

    Treated area plus 25 feet in all directions in the enclosed area

    Application is complete

    Treated area

    (5) Otherwise

    Treated area

    Application is complete

    Treated area

    [Statutory Authority: Chapter 49.17.040 RCW. 98-24-096 (Order 98-13) 296-307-12015, filed 12/01/98, effective 03/01/99. [Recodified as 296-307-12015. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, 296-306A-12015, filed 9/30/96, effective 11/1/96.]

     

    WAC 296-307-12020 Entry restrictions--Standards for workers--40 CFR, 170.112.

    (1) General restrictions.

    (a) 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.

    (b) Entry-restricted areas in greenhouses are specified in column D in Table 2 under WAC 296-307-12015 (3)(d).

    (c) When two or more pesticides are applied at the same time, the restricted-entry interval shall be the longest of the applicable intervals.

    (d) The agricultural employer shall assure that any worker who enters a treated area under a restricted-entry interval as permitted by subsections (3), (4), and (5) 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.

    (2) 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:

    (a) 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

    (b) No such entry is allowed until any inhalation exposure level listed in the labeling has been reached or any ventilation criteria established by WAC 296-307-12015 (3)(c) or in the labeling have been met.

    (3) 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:

    (a) No hand labor activity is performed.

    (b) The time in treated areas under a restricted-entry interval for any worker does not exceed one hour in any twenty-four-hour period.

    (c) No such entry is allowed for the first four hours following the end of the application, and no such entry is allowed thereafter until any inhalation exposure level listed in the labeling has been reached or any ventilation criteria established by WAC 296-307-12015 (3)(c) or in the labeling have been met.

    (d) The personal protective equipment specified on the product labeling for early entry is provided to the worker. Such personal protective equipment shall conform to the following standards:

    (i) Personal protective equipment (PPE) means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respiratory protection devices, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.

    (ii) Long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, socks, and other items of work clothing are not considered personal protective equipment for the purposes of this section and are not subject to the requirements of this section, although pesticide labeling may require that such work clothing be worn during some activities.

    (iii) When “chemical-resistant” personal protective equipment is specified by the product labeling, it shall be made of material that allows no measurable movement of the pesticide being used through the material during use.

    (iv) When “waterproof” personal protective equipment is specified by the product labeling, it shall be made of material that allows no measurable movement of water or aqueous solutions through the material during use.

    (v) When a “chemical-resistant suit” is specified by the product labeling, it shall be a loose-fitting, one-piece or two-piece, chemical-resistant garment that covers, at a minimum, the entire body except head, hands, and feet.

    (vi) When “coveralls” are specified by the product labeling, they shall be a loose-fitting, one-piece or two-piece garment, such as a cotton or cotton and polyester coverall, that covers, at a minimum, the entire body except head, hands, and feet. The pesticide product labeling may specify that the coveralls be worn over a layer of clothing. If a chemical-resistant suit is substituted for coveralls, it need not be worn over a layer of clothing.

    (vii) (A) Gloves shall be of the type specified on the pesticide product labeling. Gloves made of leather, cotton, or other absorbent materials must not be worn for early entry-activities, unless gloves made of these materials are listed as acceptable for such use on the product labeling. If chemical-resistant gloves with sufficient durability and suppleness are not obtainable, leather gloves may be worn on top of chemical-resistant gloves. However, once leather gloves have been worn for this use, they shall not be worn thereafter for any other purpose, they shall only be worn over chemical-resistant gloves.

    (B) Separable glove liners may be worn beneath chemical-resistant gloves, unless the pesticide product labeling specifically prohibits their use. Separable glove liners are defined as separate glove-like hand coverings made of lightweight material, with or without fingers. Work gloves made from lightweight cotton or poly-type material are considered to be glove liners if worn beneath chemical-resistant gloves. Separable glove liners may not extend outside the chemical-resistant gloves under which they are worn. Chemical-resistant gloves with nonseparable abosrbent lining materials are prohibited.

    (C) If used, separable glove liners must be discarded immediately after a total of no more than ten hours of use or within twenty-four hours of when first put on, whichever comes first. The liners must be replaced immediately if directly contacted by pesticide. Used glove liners shall not be reused. Contaminated liners must be disposed of in accordance with any federal, state, or local regulations.

    (viii) When “chemical-resistant footwear” is specified by the product labeling, it shall be one of the following types of footwear: Chemical-resistant shoes, chemical-resistant boots, or chemical-resistant shoe coverings worn over shoes or boots. If chemical-resistant footwear with sufficient durability and a tread appropriate for wear in rough terrain is not obtainable for workers, then leather boots may be worn in such terrain.

    (ix) When “protective eyewear” is specified by the product labeling, it shall be one of the following types of eyewear: Goggles; face shield; safety glasses with front, brow, and temple protection; or a full-face respirator.

    (x) When “chemical-resistant headgear” is specified by the product labeling, it shall be either a chemical-resistant hood or a chemical-resistant hat with a wide brim.

    (e) The agricultural employer shall assure that the worker, before entering the treated area, either has read the product labeling or has been informed, in a manner that the worker can understand, of all labeling requirements related to human hazards or precautions, first aid, symptoms of poisoning, personal protective equipment specified for early entry, and any other labeling requirements related to safe use.

    (f) The agricultural employer shall assure that:

    (i) Workers wear the personal protective equipment correctly for its intended purpose and use personal protective equipment according to manufacturer's instructions.

    (ii) Before each day of use, all personal protective equipment is inspected for leaks, holes, tears, or worn places, and any damaged equipment is repaired or discarded.

    (iii) Personal protective equipment that cannot be cleaned properly is disposed of in accordance with any applicable federal, state, and local regulations.

    (iv) All personal protective equipment is cleaned according to manufacturer's instructions or pesticide product labeling instructions before each day of reuse. In the absence of any such instructions, it shall be washed thoroughly in detergent and hot water.

    (v) Before being stored, all clean personal protective equipment is dried thoroughly or is put in a well-ventilated place to dry.

    (vi) Personal protective equipment contaminated with pesticides is kept separately and washed separately from any other clothing or laundry.

    (vii) Any person who cleans or launders personal protective equipment is informed that such equipment may be contaminated with pesticides, of the potentially harmful effects of exposure to pesticides, and of the correct way(s) to handle and clean personal protective equipment and to protect themselves when handling equipment contaminated with pesticides.

    (viii) All clean personal protective equipment is stored separately from personal clothing and apart from pesticide-contaminated areas.

    (ix) Each worker is instructed how to put on, use, and remove the personal protective equipment and is informed about the importance of washing thoroughly after removing personal protective equipment.

    (x) Each worker is instructed in the prevention, recognition, and first aid treatment of heat-related illness.

    Note: Additional requirements in WAC 296-307-097, Outdoor heat exposure, may apply between May 1st and September 30th of each year. See Past G-1.

    (xi) Workers have a clean place(s) away from pesticide-storage and pesticide-use areas for storing personal clothing not in use; putting on personal protective equipment at the start of any exposure period; and removing personal protective equipment at the end of any exposure period.

    (g) When personal protective equipment is required by the labeling of any pesticide for early entry, the agricultural employer shall assure that no worker is allowed or directed to perform the early entry activity without implementing, when appropriate, measures to prevent heat-related illness.

    Note: Additional requirements in WAC 296-307-097, Outdoor heat exposure, may apply between May 1st and September 30th of each year. See Part G-1

    (h) During any early entry activity, the agricultural employer shall provide a decontamination site in accordance with WAC 296-307-12050.

    (i) The agricultural employer shall not allow or direct any worker to wear home or to take home personal protective equipment contaminated with pesticides.

    (4) Declaration of an agricultural emergency.

    (a) The director of the Washington state department of agriculture may declare the existence of circumstances causing an agricultural emergency on a particular establishment or establishments.

    (b) The director may declare an agricultural emergency based on the reasonably expected certainty of circumstances occurring based on weather or other forecasts that would create conditions that would normally be anticipated to cause an agricultural emergency.

    (c) The agricultural employer may determine if the establishment under his/her control is subject to the agricultural emergency declared by the director.

    (d) Emergency repair of equipment that is in use and sited within a pesticide treated area under a restricted-entry interval, such as frost protection devices, shall be considered to be an agricultural emergency.

    (e) Activities that require immediate response such as fire suppression, relocation of greenhouse plants due to power failure, and similar conditions, shall be considered to be agricultural emergencies.

    (5) Agricultural activities permitted under an agricultural emergency.

    (a) A worker may enter a pesticide treated area under a restricted-entry interval in an agricultural emergency to perform tasks, including hand labor tasks, necessary to mitigate the effects of the agricultural emergency if the agricultural employer assures that all the following requirements are met:

    (i) No entry is permitted for the first four hours after the pesticide application or the minimum reentry interval allowed by EPA for that product, whichever is less;

    (ii) The personal protective equipment specified on the product labeling for early entry is provided to the worker;

    (iii) The agricultural employer shall assure that the worker, before entering the treated area, either has read the product labeling or has been informed, in a manner the worker can understand, of all labeling requirements related to human hazards or precautions, first aid, symptoms of poisoning, personal protective equipment specified for early entry, and any other labeling requirements related to safe use;

    (iv) The agricultural employer shall assure that the worker wears the proper PPE and that the PPE is in operable condition and that the worker has been trained in its proper use;

    (v) The agricultural employer shall assure that measures have been taken, when appropriate, to prevent heat-related illness;

    Note: Additional requirements in WAC 296-307-097, Outdoor heat exposure, may apply between May 1st and September of each year. See Part G-1.

    (vi) A decontamination site has been provided in accordance with EPA regulations;

    (vii) The agricultural employer shall not allow or direct any worker to wear home or take home personal protective equipment contaminated with pesticides.

    (b) If the agricultural emergency is due to equipment failure, then the agricultural employer shall assure that all the requirements in subsection (1) of this section are met plus the following additional requirement. The only permitted activity until the restricted-entry interval has elapsed is equipment repair that would mitigate the effect of the equipment failure.

    (6) Recordkeeping required for agricultural emergencies.

    (a) If the employer declares that his/her establishment is affected by an agricultural emergency and that activities regulated by the worker protection standard have been performed, the employer shall keep the following records for seven years from the date of the agricultural emergency:

    (i) Date of the agricultural emergency;

    (ii) Time of the agricultural emergency, start and end;

    (iii) Reason for the agricultural emergency, such as frost, fire, equipment failure, etc.;

    (iv) Crop/site;

    (v) Pesticide(s) - name, EPA number, REI;

    (vi) Name, date, time of entry and exit of early entry person(s);

    (vii) Estimated potential of economic loss which would have occurred had no early entry been allowed.

    (b) Records shall be completed within twenty-four hours of the early entry exposure and be available to the department and/or department of health and/or medical facility or treating physician if requested by the above or the employee.

    (7) Exception to entry restrictions requiring EPA approval. EPA may in accordance with 40 CFR, Part 170.112(e) grant an exception from the requirements of this section. A request for an exception must be submitted to the Director, Office of Pesticide Programs (H-7501C), Environmental Protection Agency, 401 “M” Street SW, Washington, DC 20460 and must be accompanied by two copies of the information specified in 40 CFR, Part 170.112(e).

    [Statutory Authority: RCW 49.17.050. 09-17-119 (Order 09-15), § 296-307-12020, filed 08/18/09, effective 10/01/09. Statutory Authority: RCW 49.17.010, .040, .050, and .060. 09-07-098 (Order 08-21), § 296-307-12020, filed 03/18/09, effective 05/01/09. Statutory Authority: Chapter 49.17.040 RCW. 98-24-096 (Order 98-13) 296-307-12020, filed 12/01/98, effective 03/01/99. [Recodified as 296-307-12020. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, 296-306A-12020, filed 9/30/96, effective 11/1/96.]

     

    WAC 296-307-12025 Notice of applications--Standards for workers--40 CFR, 170.120.

    (1) 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 subsection.

    (a) All pesticide applications shall be posted in accordance with subsection (3) of this section.

    (b) 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 subsection (4) of this section.

    (c) 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 subsection (4)(a) through (c) of this section.

    (2) 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 subsection.

    (a) 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 subsection (3) of this section and shall provide oral notification of the application to the worker in accordance with subsection (4) of this section.

    (b) 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 subsection (3) of this section or orally in accordance with subsection (4) of this section, and shall inform the workers as to which method of notification is in effect.

    (c) Notice need not be given to a worker if the agricultural employer can assure that one of the following is met:

    (i) From the start of the application until the end of the application and during any restricted-entry interval, the worker will not enter, work in, remain in, or pass through on foot the treated area or any area within one-quarter mile of the treated area; 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 subsection (4)(a) through (c) of this section.

    (3) Posted warning signs. The agricultural employer shall post warning signs in accordance with the following criteria:

    (a) The warning sign shall have a background color that contrasts with red. The words “danger” and “peligro,” plus “pesticides” and “pesticidas,” shall be at the top of the sign, and the words “keep out” and “no entre” shall be at the bottom of the sign. Letters for all words must be clearly legible. A circle containing an upraised hand on the left and a stern face on the right must be near the center of the sign. The inside of the circle must be red, except that the hand and a large portion of the face must be in a shade that contrasts with red. The length of the hand must be at least twice the height of the smallest letters. The length of the face must be only slightly smaller than the hand. Additional information such as the name of the pesticide and the date of application may appear on the warning sign if it does not detract from the appearance of the sign or change the meaning of the required information. A black and white example of a warning sign meeting these requirements, other than the size requirements, follows:

     

    (b) The standard sign shall be at least fourteen inches by sixteen inches with letters at least one inch in height. Farms and forests shall use the standard size sign unless a smaller sign is necessary because the treated area is too small to accommodate a sign of this size. In nurseries and greenhouses, the agricultural employer may, at any time, use a sign smaller than the standard size sign. Whenever a small sign is used on any establishment, there are specific posting distances depending on the size of the lettering and symbol on the sign. If a sign is used with danger and peligro in letters at least 7/8 inch in height and the remaining letters at least inch and a red circle at least three inches in diameter containing an upraised hand and a stern face, the signs shall be no further than fifty feet apart. If a sign is used with danger and peligro in letters at least 7/16 inch in height and the remaining letters at least inch in height and a red circle at least 1 inches in diameter containing an upraised hand and stern face, the signs shall be no further than twenty-five feet apart. A sign with danger and peligro in letters less than 7/16 inch in height or with any words in letters less than inch in height, or a red circle smaller than 1 inches in diameter containing an upraised hand and a stern face will not satisfy the requirements of the rule. All signs must meet the requirements of (a) of this subsection.

    (c) The employer may replace the Spanish portion of the warning sign with a non-English language read by the largest group of workers who do not read English. The replacement sign must be in the same format as the original sign and must be visible and legible.

    (d) On farms and in forests and nurseries, the signs shall be visible from all usual points of worker entry to the treated area, including at least each access road, each border with any labor camp adjacent to the treated area, and each footpath and other walking route that enters the treated area. When there are no usual points of worker entry, signs shall be posted in the corners of the treated area or in any other location affording maximum visibility.

    (e) In greenhouses, the signs shall be posted so they are visible from all usual points of worker entry to the treated area including each aisle or other walking route that enters the treated area. When there are no usual points of worker entry to the treated area, signs shall be posted in the corners of the treated area or in any other location affording maximum visibility.

    (f) The signs shall:

    (i) Be posted no sooner than twenty-four hours before the scheduled application of the pesticide.

    (ii) Remain posted throughout the application and any restricted-entry interval.

    (iii) Be removed within three days after the end of the application and any restricted-entry interval and before agricultural-worker entry is permitted, other than entry permitted by WAC 296-307-12020.

    (g) The signs shall remain visible and legible during the time they are posted.

    (h) When several contiguous areas are to be treated with pesticides on a rotating or sequential basis, the entire area may be posted. Worker entry, other than entry permitted by WAC 296-307-12020, is prohibited for the entire area while the signs are posted.

    (4) Oral warnings. The agricultural employer shall provide oral warnings to workers in a manner that the worker can understand. If a worker will be on the premises during the application, the warning shall be given before the application takes place. Otherwise, the warning shall be given at the beginning of the worker's first work period during which the application is taking place or the restricted-entry interval for the pesticide is in effect. The warning shall consist of:

    (a) The location and description of the treated area.

    (b) The time during which entry is restricted.

    (c) Instructions not to enter the treated area until the restricted-entry interval has expired.

    [Statutory Authority: Chapter 49.17.040 RCW. 98-24-096 (Order 98-13) 296-307-12025, filed 12/01/98, effective 03/01/99. [Recodified as 296-307-12025. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, 296-306A-12025, filed 9/30/96, effective 11/1/96.]

    WAC 296-307-12030 Providing specific information about applications--Standards for workers--40 CFR, 170.122. 

    When workers are on an agricultural establishment and, within the last thirty days, a pesticide covered by this part 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.

    (1) Location, accessibility, and legibility. The information shall be displayed in the location specified for the pesticide safety poster in WAC 296-307-12045(4) and shall be accessible and legible, as specified in WAC 296-307-12045 (4) and (6).

    (2) Timing.

    (a) 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.

    (b) 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.

    (c) The information shall continue to be displayed for at least thirty days after the end of the restricted-entry interval (or, if there is no restricted-entry interval, for at least thirty days after the end of the application) or at least until workers are no longer on the establishment, whichever is earlier.

    (3) Required information. The information shall include:

    (a) The location and description of the treated area.

    (b) The product name, EPA registration number, and active ingredient(s) of the pesticide.

    (c) The time and date the pesticide is to be applied.

    (d) The restricted-entry interval for the pesticide.

    [Statutory Authority: Chapter 49.17.040 RCW. 98-24-096 (Order 98-13) 296-307-12030, filed 12/01/98, effective 03/01/99. [Recodified as 296-307-12030. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-082, 296-306A-12030, filed 9/30/96, effective 11/1/96.]

    WAC 296-307-12035 Notice of applications to handler employers--Standards for workers--40 CFR, 170.124. 

    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 one-quarter 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.

    [Recodified as 296-307-12035. 97-09-013, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. 96-20-08, 296-306A-12035, filed 9/30/96, effective 11/1/96.]

    296-307 Part I (Continued)

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