Question/Answer for New Personal Protective Equipment and Closed Mixing Systems Regulations

Recently, the Department of Pesticide Regulation (DPR) adopted amended regulations to the Personal Protective Equipment (PPE) and to the Closed Mixing Systems (CMS) requirements in Title 3, California Code of Regulations (3 CCR).

The PPE revisions to 3 CCR sections 6000, 6702, 6724, 6738, 6739, 6764, 6771, 6793, and 6795, adopted sections 6738.1, 6738.4; and repealed sections 6486.7 and 6736 became effective July 1, 2015, as stated in the letter ENF 15-10. The CMS revisions to 3 CCR section 6746 became effective January 1, 2016, as stated in the letter ENF 16-01.

The following are frequently asked questions and answers about the PPE revisions and the CMS revisions:

Personal Protective Equipment (PPE)

1. Q. If the material for gloves meets the requirement under 3 CCR section 6738.3(a), does short-term (less than 15 minutes) spraying with 8-9 mil chemical resistant gloves qualify for the exemption in 3 CCR section 6738.3(c)(2)?
   
   A. No, the activity of spraying does not qualify for the thickness exemption. The exemption in 3 CCR section 6738.3(c)(2) from the 14 mil glove thickness requirement in this regulation is intended for activities that require high dexterity, such as making fine adjustments to equipment. Spraying for any length of time would not meet the requirements for the exemption. However, gloves made of barrier laminate or polyethylene are exempt from the 14 mil thickness requirement as indicated in 3 CCR section 6738.3(c)(1).
   
   
2. Q. What would be an acceptable “sealable container” for storing potentially contaminated coveralls as referenced in 3 CCR section 6738(a)(6)?
   
   A. All of the following examples are acceptable “sealed containers”:
   
   • Plastic or metal bin with a form-fitting lid (one that had been designed to “snap ” seal to that particular container).
   • Large plastic bucket with its appropriate screw-on or snap-on lid.
   • Zip-loc©, or similar reclosable bag that has had its plastic zipper fully engaged.
   • Plastic “trash bag”(bin bag, can liner bag, etc.) that has been sealed by twisting the bag opening into a tight torsion sealer, or firmly securing with a twist-tie or cable tie.
   
   Simply placing contaminated coveralls in an open unsealed trash bag or metal pail would NOT be considered within a “sealable container”.
   
   Taping/stapling the plastic bag opening, torsion twisting and knotting the subsequent torsion seal or placing the form fitting lid on the metal or plastic bin would fulfill the seal requirement. Trash bags designed with drawstring-type closures would need to have the drawstring fully drawn and knotted to be considered sealed.
   
   
3. Q. What eyewear or eye protective device required in 3 CCR section 6738.2(a) is compliant with the ANSI Z87.1-2010 Standard?
   
   A. Eyewear bearing the following markings is compliant with the Standard:
   
   

4. Q. Does the requirement that PPE must be “available for use at the worksite ” in 3 CCR section 6738.4 conflict with 40CFR 170.240 (d)(5)(iv)?
   
   A. No, 40CFR 170.240 (d)(5)(iv) does not conflict with 3 CCR section 6738.4 because 3 CCR section 6701 states the requirements of Subchapter 3, Pesticide Worker Safety, should be interpreted at least as strict as, and consistent,with theWorker Protection Standards in Title 40 Code of Federal Regulations, Part 170. Exemptions and substitutions to PPE found in 3 CCR section 6738.4 allow for PPE required by regulation to be present and available at the Worksite. The term Worksite is meant to describe the exact location of a work activity, e.g., mixing and loading site, field, etc.
   
   When PPE is required by labeling, PPE must be immediately available and stored in a chemical-resistant container. When PPE is required by regulation, PPE must be available at the worksite.
   

Closed Mixing Systems (CMS)

1. Q. Are eye hazards used as a basis for determining the type of CMS, 3 CCR section 6746?
   
   A. No. The new selection criteria for a CMS is specific to dermal toxicity of the chemical. However, 3 CCR section 6746(e) requires employees to wear protective eyewear while using a CMS.
   
   
2. Q. What are some examples of “comparable language” on a pesticide label that would require a Tier 2 CMS, 3 CCR section 6746(c)?
   
   A. Product labeling “comparable language” that would require a Tier 2 closed mixing system would be language such as:
   
   
   • Corrosive. Causes severe skin burn.
   • Skin blistering.
   • Corrosive to flesh because of its caustic alkaline nature.
   
   These statements are all considered a form of skin damage. The purpose of the Tier 2 requirement is to prevent injuries that cause structural damage to the skin (blisters, corrosion, ulcers, dermal burns [2nd degree burns], full thickness damage [3rd degree burn], etc.) and can have irreversible effects, potentially requiring surgical intervention. Language such as “causes skin irritation” or “allergic reactions”, “harmful if absorbed through skin “, does not equal skin damage and does not require a CMS.
   
   
3. Q. The label states that a CMS is required; however, the type of CMS is not specified. What criteria should be used to determine the type of CMS?
   
   A. Review the precautionary statements on the label, 3 CCR sections 6746(b) and 6746(c) to determine the appropriate tiered CMS (Tier 1 or Tier 2).
   
   
4. Q. The label states that a CMS is required; however, the precautionary statement language is inadequate to determine which CMS should be used. What criteria should be used to determine the appropriate CMS?
   
   A. The Tier 2 system should be used, as defined in 3 CCR section 6746(c).
   

If you have questions regarding the regulatory changes to the sections above or the enclosed FAQs, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,