California Code of Regulations (Title 3. Food
and Agriculture)
Division 6. Pesticides and Pest Control Operations
Division 6. Pesticides and Pest Control Operations
Chapter 3. Pest Control Operations
Subchapter 3. Pesticide Worker Safety
Article 1. General Scope and Purpose
This group specifies work practices for:
(a) Employees who mix, load, apply, store, transport, or otherwise handle pesticides for any use, except for manufacturing, formulating or repackaging of pesticides; and
(b) For employees who are exposed to residues of pesticides after application to fields.
The requirements of this group do not allow a lower standard of protection when pesticide labeling statements require a higher standard of protection.
The requirements of this group do not apply to storage and transportation of pesticides in the manufacturer's sealed or closed container. In general, the work practices and safety requirements stated in this group are designed to reduce risk of exposure and to ensure availability of medical services for employees who handle pesticides, and to provide safe working conditions for field and other workers.
NOTE: Authority cited: Sections 11456 and 12981, Food and Agricultural Code.
Reference: Sections 12980 and 12981, Food and Agricultural Code.
6701. Interpretation Consistent with Federal Standards.
Whenever the context will allow, the requirements of this subchapter should be interpreted at least as strict as, and consistent, with the Worker Protection Standards in Title 40 Code of Federal Regulations, Part 170. It is intended that these regulations, rather than those in Title 40 Code of Federal Regulations, Part 170, be enforced by the Department of Pesticide Regulation and county agricultural commissioners within the State of California. Any reference to Part 170, Code of Federal Regulations on pesticide product labeling shall be considered a reference to Title 3, Division 6, California Code of Regulations when use occurs within California.
NOTE: Authority cited: Section 12981, Food and Agricultural Code.
Reference: Sections 11501, 12973, 12980, and 12981, Food and Agricultural Code.
6702. Employer-Employee Responsibilities.
(a) The employer shall comply with each regulation in this subchapter which is applicable to the employer's action or conduct.
(b) The employer:
(1) is responsible for knowing about applicable safe use requirements specified in regulations and on the pesticide product labeling;
(2) shall inform the employee, in a language the employee understands, of the specific pesticide being used, pesticide safety hazards, the personal protective equipment and other equipment to be used, work procedures to be followed, and pesticide safety regulations applicable to all activities they may perform;
(3) shall assure safe work practices, including all applicable regulations and pesticide product labeling requirements, are complied with;
(4) has the duty to provide a safe work place for employees and require employees to follow safe work practices; and
(5) shall assure that employees handle and use pesticides in accordance with the requirements of law, regulations, and pesticide product labeling requirements.
(c) Employees shall utilize the personal protective equipment and other safety equipment required by pesticide product labeling or specified in this subchapter that has been provided by the employer at the work site in a condition that will provide the safety or protection intended by the equipment.
NOTE: Authority cited: Section 12976 and 12981, Food and Agricultural Code.
Reference: Sections 12973, 12980, and 12981, Food and Agricultural Code.
6704. Application of Labor Code.
In order to insure that rights granted to California employees by Chapter 1 of Division 5 of the California Labor Code are adequately provided to agricultural employees, including employee rights (1) to file confidential complaints alleging unsafe work conditions, (2) to have complaints promptly investigated, (3) to talk to inspectors or compliance officers, and to point out hazards during the inspection process, (4) to be notified of any relevant job hazard, and (5) to not be subject to any retaliation or discrimination because such employee has filed any complaint regarding an unsafe work condition, the director, commissioners, and the Department of Industrial Relations shall cooperate in fully implementing any master agreements entered into between these parties which are designed to insure enforcement of employees' rights as well as any inspection protocols adopted pursuant to such master agreements.
NOTE: Authority cited: Sections 11456 and 12981, Food and Agricultural Code.
Reference: Sections 12980 and 12981, Food and Agricultural Code.
When there is a reasonable suspicion by the director or commissioner that a specific workplace has been or may be unsafe for workers due to exposure to active or inert ingredients in pesticide products, or breakdown products of these ingredients, the director or commissioner may require the employer to prohibit entry of employees into that workplace. The director or commissioner may require the employer to provide medical supervision for the period of time necessary for the director to determine the safety of the workplace to protect employees who have been working in or will enter that workplace. This medical supervision may include biological monitoring of persons for possible over-exposure to pesticide product ingredients or breakdown products of these ingredients. The director or commissioner may also specify exposure time limits and protective clothing and equipment to be worn by employees under these circumstances.
NOTE: Authority cited: Sections 11456 and 12981, Food and Agricultural Code.
Reference: Sections 12980 and 12981, Food and Agricultural Code.
NOTE: Authority cited: Sections 407 and 12981, Food and Agricultural Code.
Reference: Sections 12980 and 12981, Food and Agricultural Code.
6710. Pesticide Exposure Studies Involving Human Participants.
(a) No person shall conduct any pesticide exposure study in California, which involves human participants, unless the Director has given written authorization to the study director to conduct the pesticide exposure study according to an approved protocol.
(b) The study director shall submit the protocol to the Director for review and provisionary determination of acceptability.
(c) The Director shall forward a copy of the protocol and review documentation to the Office of Environmental Health Hazard Assessment for concurrent review.
(d) The Director shall provide comments to the study director on the basis of Department of Pesticide Regulation review and any comments from the Office of Environmental Health Hazard Assessment. The study director shall make any changes deemed necessary by the Director. Upon receipt of the Director's provisionary determination of acceptability, the study director shall obtain a review and approval from an Institutional Review Board (IRB). The IRB must conduct its review in compliance with Title 40 Code of Federal Regulations (Protection of Environment), Part 26 (Protection of Human Subjects).
(e) The study director shall submit to the Director the IRB's approval of the protocol and all documentation exchanged between the IRB and the study director related to the review.
(f) The Director shall make the final decision regarding approval or denial of the protocol based on the information required in subsection (e), other relevant available information available to the Director. The Director shall notify the study director in writing of the decision and the basis for the decision.
(g) The Director shall establish an expiration date for the approved protocol. In no instances shall the expiration date exceed that established by the IRB. If a pesticide exposure study is not completed by the expiration date established by the Director, the study director shall not continue the pesticide exposure study until the Director has approved the renewal of the protocol in writing as required in subsection (i).
(h) Protocol Amendment. The study director shall not make an amendment to the approved protocol that may impact the health of the human participants without approval from the Director. For amendments where participant health is potentially impacted, the study director shall make the request in writing. The proposed amendment, justification, potential impact on study participants, and any measures proposed to mitigate potential impacts shall accompany the request. The Director shall forward a copy of the proposed amendment and any accompanying documentation to the Office of Environmental Health Hazard Assessment for concurrent review. The Director shall provide comments to the study director on the basis of Department of Pesticide Regulation review and any comments from the Office of Environmental Health Hazard Assessment. The study director shall make any changes deemed necessary by the Director. Upon receipt of the Director's provisionary determination of acceptability, the study director shall obtain a review and approval of the proposed amendment from an IRB as required in subsection (d). The study director shall submit to the Director the protocol and all documentation exchanged between the IRB and the study director. The Director shall notify the study director of the decision and the basis for the decision. If approved by the Director, the pesticide exposure study shall be conducted in accordance with the approved amended protocol. In the event that the potential impact on human participants is uncertain, the study director shall consult with the Director.
(i) Renewal of Protocol. The study director shall obtain approval of renewal from an IRB as described in subsection (d) prior to requesting the Director's approval to renew the protocol. The study director shall submit, to the Director, the protocol and all documentation exchanged between the IRB and the study director regarding the renewal. After reviewing the documentation, if the Director approves the request for protocol renewal, the Director shall establish a revised expiration date. The revised expiration shall not exceed that date established in the IRB's renewal recommendation.
(j) In the event of any complications or adverse health effects identified during the conduct of the study, the study director shall take immediate action to ensure the health and safety of the human participants. The study director shall immediately notify the Director of such complications or adverse health effects and the immediate actions taken.
(k) The study director shall submit the following information to the Director by the expiration date:
(1) A statement regarding the status of the study including information as to whether the study was completed, postponed, or cancelled.
(2) A report and explanation of any complications or adverse health effects involving the human participants and what actions were taken.
(l) The Director or agricultural commissioner of the county where the study is taking place may inspect the pesticide exposure study activities to evaluate compliance with the protocol. The Director or commissioner may order the study director or human participants to cease immediately any human pesticide exposure activity conducted during the study to protect the safety of the human participants. The Director may cancel the authorization to conduct the pesticide exposure study whenever it is deemed necessary to protect participant safety, public safety, or the environment.
NOTE: Authority cited: Sections 12976 and 12981, Food and Agricultural Code.
Reference: Sections 12980, 12981, 12987 and 12988, Food and Agricultural Code.
NOTE: Authority cited: Sections 407 and 12981, Food and Agricultural Code.
Reference: Sections 12980 and 12981, Food and Agricultural Code.
NOTE: Authority cited: Sections 407 and 12981, Food and Agricultural Code.
Reference: Sections 12980 and 12981, Food and Agricultural Code.
6716. Sunset Review of Regulations.
NOTE: Authority cited: Section 12981, Food and Agricultural Code.
Reference: Sections 12980 and 12981, Food and Agricultural Code.