Application-Specific Information Display, Electronic
The operator of the property used in the commercial or research production of an agricultural plant commodity (the grower) must display application-specific information for employees in accordance with Title 3, California Code of Regulations (3CCR) sections 6723.1 (for handlers) and 6761.1 (for fieldworkers). The displayed application-specific information must contain information on the recent pesticide applications and applicable safety data sheets (SDSs).
In most cases, the grower displays physical (paper) copies of the information and documents. The regulations do not prohibit a grower from additionally displaying these electronically, provided the grower meets the “display” regulation requirements for unimpeded access.
Requirements and Definition
Sections 6723.1 and 6761.1 require the grower to display application-specific information for a certain period after application. The 3CCR section 6000 definition of “display” states:
to make information available to the employee so that he or she may readily see and read the document, during normal business hours, without having to make a specific request of any person. An employee shall not be hindered or impeded from examining documents required to be displayed. This definition does not preclude using a binder or filing cabinet, that otherwise meets these criteria, to contain documents for display.
This standard requires employees to have unrestricted or unimpeded access and to readily see and read the documents.
Interpretation
Consistent with the definition of “display” a quick response (QR) code, for example, cannot be the only method used to display the documents. When an employer only posts a QR code, this requires the employee to always have access to either a cellular phone or other device capable of reading QR codes. This creates a barrier to access by shifting the responsibility from the employer to the employee, which is contrary to the intent of the regulation.
Therefore, using a QR as the only display method is not acceptable.
If you have questions, please contact the Enforcement Branch Liaison assigned to your county.
Sincerely,