LAW Worker Protection Standard Update Some old products must be relabeled OCTOBER 23, 1995 was the last day to sell agricultural pesticides that do not have Worker Protection Standard (WPS) labeling. If you have product that does not have the WPS labeling you must get it relabeled before it can be sold. Contact the manufacturer's representative; it's time to get that product restickered so it is in compliance with WPS. Grace Period for Providing Worker Safety Training EPA is amending the 1992 Worker Protection Standard (WPS) by making the five-day grace period (the number of days of employment before workers must be trained) effective January 1, 1996. Before the sixth day that a worker enters any area on the agricultural establishment where, within the last 30 days a pesticide has been applied or a restricted-entry interval has been in effect, the employer must assure that workers have been trained. As of January 1, 1996, before a worker enters any areas on an agricultural establishment where, within the last 30 days a pesticide has been applied or a restricted-entry interval has been in effect, the employer must assure that workers are provided pesticide safety information contained on the WPS Safety Poster and notice that full training will be provided within five days of entering any pesticide treated areas. Requirements for Crop Advisors Licensed crop advisors and persons under their direct supervision are exempt from WPS provisions until May 1, 1996, except for pesticide safety training. Licensed crop advisor programs will qualify for the WPS exemption if the program is approved by the North Dakota Department of Agriculture or EPA. To obtain approval, the program must include pesticide safety training at least equivalent to the handler training required by WPS. The exemption applies only after pesticide application ends and while the person is performing crop advising tasks. Crop advisors must determine the following before allowing employees to enter treated areas: (1) appropriate personal protective equipment; (2) decontamination supplies; and (3) how to conduct tasks safely. Crop advisors must also convey the following information to employees: (1) pesticide applied; (2) method and time of application; (3) restricted-entry interval; (4) tasks to undertake; and (5) how to contact the crop advisor. Early Entry Restrictions for Limited Contact Activities Effective May 3, 1996, EPA has granted an exception to WPS allowing early entry in pesticide treated areas to perform certain limited contact activities. This exception allows workers to perform tasks which would result in significant economic loss if delayed and that result in minimal contact with pesticide-treated surfaces, for up to eight hours per 24-hour period during a restricted-entry interval. The exception does not allow entry into the treated area for the first four hours after the pesticide application. All inhalation or ventilation requirements must be met before entry into treated areas. Before the worker enters a treated area, the employer must provide written or oral notification (in a language the worker can understand) of the provisions provided of this exception for limited contact activities in an early entry situation. The workers contact with the pesticide treated surfaces is limited to feet, lower legs, hands, and forearms. Personal protective equipment must be provided to the workers. Anything considered hand labor by WPS is prohibited. This exception does not apply for pesticides that require double notification. Early Entry Prohibition for Irrigation Activities EPA is granting an exception to WPS allowing early entry into pesticide treated areas to perform certain irrigation activities, effective May 3, 1996. This exception can be used when it is necessary to enter a treated area under an restricted-entry interval to perform irrigation activities which could not have been foreseen and, if delayed, would cause significant economic losses. This exception can not be used if the pesticide applied has a double notification requirement. Workers' contact with pesticide treated surfaces must be minimal; no hand labor is allowed. Contact is limited to feet, lower legs, hands, and forearms. Early entry personal protective equipment must conform with label requirements, or include at least coveralls, chemical resistant gloves, socks, chemical resistant footwear, and eyewear (if on label). Under this exception, no entry is allowed during the first four hours after the pesticide application. Workers will be allowed to enter only after applicable ventilation and inhalation criteria on the pesticide labels are met. Employers must notify workers of the provisions of this exception. Reduced Restricted-Entry Intervals for Certain Pesticides Effective May 3, 1996, EPA will allow registrants to reduce interim WPS restricted-entry intervals from 12 to four hours for certain low risk pesticides. Pesticides eligible for reduced REIs must be: (1) toxicity category III or IV for all acute toxicity categories (dermal, oral, eye irritation, etc.); (2) can not be a carcinogen, mutagen, or teratogen; (3) can not cause developmental or reproductive effects; (4) can not be a known sensitizer. At this time, 114 active ingredients are currently subject to the WPS requirements that meet the lower toxicity criteria. Further Proposed Changes for WPS Further proposed changes to decontamination sites and warning signs are detailed below. The following information represents only proposed changes. Provisions of these proposed changes have not been finalized at this time by EPA. Decontamination Sites Currently, decontamination sites (single-use towels, soap, water) are required whenever tasks are performed in an area that has had pesticides applied or been under a restricted-entry interval during the last 30 days. Decontamination sites must include adequate water for routine washing and emergency eye flushing, and the site must be located within 1/4 mile of workers or nearest point of vehicular access. The following changes have been proposed but not approved: (1) for pesticides having four hour REIs, decontamination sites will have to be provided for a duration of time ranging from 1 to 15 days; and (2) there will be no change in decontamination requirements for all other pesticides. Language and Size Requirement for Warning Signs WPS warning signs are currently required to be printed in both English and Spanish. The sign must be 14" by 16" (smaller sizes allowed if there is a space limitation). Proposed modifications allow: (1) Spanish portion of sign to be changed to the language used by the majority of the work force; (2) greenhouses and nurseries may use a smaller sign if the standard size would interfere with operations or the clear identification of treated areas. If you have any questions about the Worker Protection Standard, please contact the North Dakota Department of Agriculture, Pesticide Division at 701-328-4764. (Submitted by: Kenneth S. Junkert, Pesticide Division, ND Dept. of Agriculture) (Coordinator's Note: This article was repeated from previous issues of the North Dakota Pesticide Quarterly because of its critical nature)