“The three main tenets of the Worker Protection Standard [WPS] are informing folks about pesticide safety, protecting individuals from potential pesticide exposure and mitigation,” said David Huber at a Vermont Vegetable & Berry Growers Association meeting.
Huber is the deputy director of the Public Health & Agricultural Resource Management Division at the Vermont Agency of Agriculture, Food & Markets.
The goal of the U.S. EPA’s WPS is to reduce pesticide poisonings and injuries among ag workers and pesticide handlers.
“It’s important to note that when we talk about pesticides, we’re talking about everything that falls underneath that umbrella – herbicides, fungicides, insecticides and rodenticides,” Huber said.
When Does the WPS Apply?
According to Huber, the WPS applies to agricultural establishments where agricultural pesticides are being used.
Standard products have labels which provide information for the safe and effective use of a given pesticide. These labels are legal documents, and pesticide users are required to comply with the instructions on the labels.
The label contains directions on mixing, application, storage and disposal. It also includes safety information – required personal protection equipment (PPE), WPS, physical and chemical hazards, environmental hazards and first aid treatment.
Huber showed an example of a label that read “Use this product only in accordance with its labeling and with the WPS 40 CFR Part 170.”
“This is where you can find the WPS codified in federal rule,” Huber said.
Where Does the WPS Apply?
The WPS applies to establishments that produce fruits, vegetables, sod and Christmas trees. It also applies to production forestry, orchards, cannabis production, nurseries, greenhouses and rangeland where forage is harvested.
There are exceptions to the WPS: ag use pesticides used on non-agricultural plants, ag use pesticides that are attractants or repellents in traps, ag use pesticides that are used post-harvest, on pasture and rangeland where forage will not be harvested and ag use pesticides that are used to protect structures, livestock or weeds in non-crop areas.
For example, the WPS does not apply to seasonal conservation crews working on invasive weed control.
Who is Protected by the WPS?
The WPS applies to anyone who is labeled as a worker. A worker through the WPS is defined as “any person, including a self-employed person, who is employed and performs activities directly relating to the production of agricultural plants on an agricultural establishment.”
Directly means anyone one who is harvesting, thinning, hand weeding, pest scouting, pruning or planting. In other words, anyone who is directly involved with plants – their hands are involved in that operation.
A person is a worker under the WPS if they work in areas that were treated with a WPS-labeled pesticide within the last 30 days or where a restricted entry interval (REI) was in effect in the last 30 days.
There are workers, however, who are indirectly involved in ag establishments and the WPS does not apply to them. This includes workers buying pesticides or application equipment, carrying or moving unopened pesticide containers, those handling ag products post-harvest outside of a treated area, caring for livestock and using herbicides on non-agricultural areas like roadsides and parking lots.
Pesticide handlers are also protected by the WPS. Handling includes the mixing, loading, applying and disposing of pesticides. Handling also includes anyone handling open containers or anyone cleaning, adjusting or repairing equipment that may have pesticide residue on it.
What Does the WPS Require?
Federal law requires that pesticide application records and hazard information be posted at a central location. Safety data sheets (SDSs) for each pesticide applied in the previous 30 days must also be accessible at a central location. If there are multiple languages spoken at an establishment, this information must be provided in all the utilized languages.
Workers and handlers are required to have pesticide safety training, and there are specific requirements for the trainers.
Ag employers must notify workers about pesticide-treated areas on the establishment. This notification must be provided either orally or by posting a warning sign at the entrances of pesticide treated areas. Posting requirements are dependent on the label instructions and the length of the REI.
Ag employers must also provide PPE in clean and good operating condition and ensure that PPE is worn correctly. In addition, they must provide a clean place for storing personal clothing and removing PPE, maintain and replace damaged or worn PPE, replace respirator purifying elements, properly dispose of PPE and provide instructions for people who clean PPE.
The Application Exclusion Zone (AEZ) is an area with additional requirements to protect workers and bystanders. This area immediately surrounds the pesticide application equipment during an outdoor pesticide application. The AEZ only exists during the application, moves with the equipment during application and can extend outside of an agricultural establishment (like school grounds or residential neighborhoods). It may have a 0-, 25- or 100-foot radius, depending on the application type and droplet size used.
The employer must ensure that handlers involved in pesticide application understand they must suspend the application if a worker or other person is in the AEZ during a pesticide application in outdoor production.
This is not an exhaustive list of the standards to protect workers from pesticides. Huber encouraged employers to utilize pesticideresources.org/wps to learn more.
“This rule is here to protect individuals who work with and handle agricultural pesticides. While this rule seems intimidating, I encourage anyone with questions to not be shy and to reach out,” said Huber.
