Revised Federal Worker Protection Standard

The U.S. Environmental Protection Agency (U.S. EPA) recently revised the Worker Protection Standard (WPS) in Title 40 of the Code of Federal Regulations (40CFR), Part 170. These federal WPS revisions were enacted to strengthen worker protection on a nationwide basis.

Effective January 2, 2017, there are additional requirements for use of any pesticide product bearing the statement “Use this product only in accordance with its labeling and with the Worker Protection Standard, 40CFR part 170.” The new WPS sections 170.301 through 170.609 are at: https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title40/40cfr170_main_02.tpl.

Until then, and for the remainder of 2016, the previous WPS requirements contained in 40 CFR sections 170.1 through 170.260 are still in effect. Employers must comply with the current California statutes and regulations, as these are equivalent to the WPS.

California’s extensive worker protection laws, regulations, guidelines, restricted materials permitting system, and licensing requirements already provide the majority of the protections found in the new WPS requirements. Although many of California’s existing laws and regulations are equivalent to the new sections of 40CFR, several sections of Title 3 California Code of Regulations (3CCR) will need to be revised to be compliant with the new federal requirements that become effective on January 2, 2017. That means an accelerated rulemaking process in California. DPR anticipates that the proposed rulemaking package will be posted for public comment in Spring 2016.

The following are highlights of the federal WPS revisions which are included in the proposed California rulemaking to meet the January 2, 2017 implementation date. These proposed revisions will affect 3CCR 6000, 6618, 6619, and 6720-6782.

• Establishes an Application Exclusion Zone (AEZ), an area extending in all directions around the application equipment during an application, and requires employers to only allow handlers involved in the application to be in that area.
• Specifies the water quantities and describes decontamination sites.
• Expands required safety and hazard information and requires availability of establishment-specific information.
• Requires field posting for any pesticide with an REI greater than 48 hours.
• Requires that each handler and each early entry worker is at least 18 years old.
• Introduces the term Enclosed Space production in place of Greenhouse and other similar structures.
• Requires field workers to be trained annually instead of every five years and to document and maintain those records for two years.
• Eliminates the exemption for pest control advisors to train their employees.
• Requires certain Personal Protective Equipment (PPE) for applicators in enclosed cabs.

In addition to the above requirements, there are some new WPS requirements which are not effective until January 1, 2018, or later. The requirement for an applicator to suspend an application when anyone who is not a handler involved in the application is in the AEZ becomes effective in January 2018. The required revisions to the subject matter and content of training materials for fieldworkers and handlers becomes effective no earlier than January 1, 2018, and possibly later, dependent on U.S. EPA’s schedule for developing the materials. California will propose a separate rulemaking package to address these items, at a later date.

If you have questions, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,