SS - Attachment B - How to Comply With the 2015 Revised Worker Protection Standard For Agricultural Pesticides

How to Comply With the 2015 Revised
Worker Protection Standard
For Agricultural Pesticides
What Owners and Employers Need To Know

This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0
International License. ©2017 The Regents of the University of California, Davis campus. For
information contact PERCsupport@ucdavis.edu.

How to Comply with the 2015 Revised Worker Protection Standard for
Agricultural Pesticides: What Owners and Employers Need to Know

CONTRIBUTORS
Pesticide Educational Resources Collaborative (PERC)
Director – Suzanne Forsyth, University of California Davis Extension
Deputy Director – Kaci Buhl, Oregon State University

Principal Investigator – Jeff Loux, University of California Davis Extension
Project Officer – Jeanne Kasai, U.S. EPA, Office of Pesticide Programs
Primary Author
Janet Fults

Manual Production/Layout Team

Cameron Hughes, Oregon State University
Sean Ross, Oregon State University

PERC Advisory Board Content Reviewers

Amy Bamber, Association of American Pesticide Control Officials
Candace Bartholomew, University of Connecticut
Betsy Buffington, Iowa State University

Irene Calderon-King, New Mexico Department of Agriculture
Perry Cervantes, Texas Department of Agriculture

Juan Concha, The Farmworker Association of Florida

Garnet Cooke, Oregon Occupational Health and Safety Administration
Linda Johns, Montana Department of Agriculture
Tony McCandless, Gila River Indian Community
Derrick Terada, U.S. EPA Region 10

Thia Walker, Colorado State University
U.S. EPA Content Reviewers

Nancy Fitz, U.S. EPA, Office of Pesticide Programs

Richard Pont, U.S. EPA, Office of Pesticide Programs

Carol Galloway, U.S. EPA, Office of Enforcement and Compliance Assurance
This manual was developed through a cooperative agreement between the
U.S. EPA, Office of Pesticide Programs and the University of California Davis
Extension, in cooperation with Oregon State University (#X8-83616301).

WPS — How to Comply Manual

HOW TO COMPLY WITH THE 2015 REVISED
WORKER PROTECTION STANDARD FOR
AGRICULTURAL PESTICIDES
What Owners and Employers Need To Know

WPS — How to Comply Manual

TABLE OF CONTENTS
QUICK REFERENCE GUIDE. . . . . . . . . . . . . . . . . . . . . . . . . . . I
PREAMBLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III
Why is the Information in This Manual Important? . . . . . . . . . . . . . . . . . . . . iii
Do You Need to Read This Manual?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii
This WPS “How to Comply” Manual Will: . . . . . . . . . . . . . . . . . . . . . . . . . . . iv
Organization of the “How to Comply” Manual. . . . . . . . . . . . . . . . . . . . . . . . iv
Additional Worker Protection Requirements. . . . . . . . . . . . . . . . . . . . . . . . . v
Reproduction of the Manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v
Material Appended to the Manual. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v

INTRODUCTION TO THE WORKER PROTECTION
STANDARD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
What is the Worker Protection Standard?. . . . . . . . . . . . . . . . . . . . . . . . . . .
Why Did the WPS Regulation Change in 2015?. . . . . . . . . . . . . . . . . . . . . .
What Changed in the WPS?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Implementation Dates of the New WPS Requirements. . . . . . . . . . . . . . . . .
Who Does the WPS Protect? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
What are the Basic Principles of the WPS? . . . . . . . . . . . . . . . . . . . . . . . . .

1
1
2
3
4
6

CHAPTER 1: DETERMINING YOUR WPS
RESPONSIBILITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Does the WPS Apply to You? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Who has WPS Responsibilities?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Are You a “Worker” Employer, a “Handler” Employer or Both?. . . . . . . . . .
Which Establishments are Covered by the WPS? . . . . . . . . . . . . . . . . . . .
Which Pesticide Uses are Covered by the WPS?. . . . . . . . . . . . . . . . . . . .
Which Pesticide Uses are NOT Covered by the WPS?. . . . . . . . . . . . . . .
What If the Labeling Conflicts with the WPS?. . . . . . . . . . . . . . . . . . . . . . .

10
12
13
14
15
16
17

CHAPTER 2: REQUIREMENTS FOR AGRICULTURAL
EMPLOYERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
General Responsibilities of Agricultural Employers. . . . . . . . . . . . . . . . . . .
Responsibilities of Agricultural Employers to Provide Instructions to
Supervisors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information Displayed at a Central Location (Central Posting). . . . . . . . . .
Recordkeeping: Pesticide Application and Hazard Information. . . . . . . . . .
Requests for Records of Pesticide Application and Hazard Information. . .
Emergency Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Decontamination Supplies for Workers & Handlers . . . . . . . . . . . . . . . . .
Pesticide Safety Training. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Establishment-specific Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employer Information Exchange. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Retaliation Against Employees is Prohibited . . . . . . . . . . . . . . . . . . . . . . .
Employer Responsibilities for WPS Violations. . . . . . . . . . . . . . . . . . . . . .

20
20
21
24
25
26
26
27
30
31
33
33

WPS — How to Comply Manual

CHAPTER 3: ADDITIONAL WORKER EMPLOYER
REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Training Agricultural Workers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Agricultural Employer Requirements During Pesticide Applications. . . . . .
Agricultural Employer Requirements After Pesticide Applications. . . . . . . .
Notification of Entry Restrictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Decontamination Supplies for Workers. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Early-entry Workers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exceptions for Early Entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PPE for Early-entry Workers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Decontamination Supplies for Early-entry Workers. . . . . . . . . . . . . . . . . . .
Summary of Early-entry Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . .

36
37
41
42
48
49
49
53
54
55

CHAPTER 4: ADDITIONAL HANDLER EMPLOYER
REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Training Pesticide Handlers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information that must be Provided to Handlers. . . . . . . . . . . . . . . . . . . . . .
Requirements for Handlers and Handler Employers During Pesticide
Applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Personal Protective Equipment (PPE) for Handlers . . . . . . . . . . . . . . . . . .
Decontamination Supplies for Handlers . . . . . . . . . . . . . . . . . . . . . . . . . . .

58
59
60
62
74

CHAPTER 5: REQUIREMENTS FOR COMMERCIAL
PESTICIDE HANDLER EMPLOYERS. . . . . . . . . . . . . . . . . . 77
General Responsibilities for Commercial Pesticide Handler Employers. . .
Responsibilities of Employers to Instruct Supervisors of Handlers. . . . . . .
Emergency Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Training Pesticide Handlers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employer Information Exchange . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Decontamination Supplies for Handlers . . . . . . . . . . . . . . . . . . . . . . . . . .
Retaliation Against Employees is Prohibited . . . . . . . . . . . . . . . . . . . . . . .
Employer Responsibilities for WPS Violations. . . . . . . . . . . . . . . . . . . . . .

78
80
80
81
83
84
85
85

CHAPTER 6: EXEMPTIONS AND EXCEPTIONS. . . . . . . . . 87
WPS Exemptions for Owners of Agricultural Establishments. . . . . . . . . . . 88
WPS Exemptions and Exceptions for Crop Advisors . . . . . . . . . . . . . . . . . 92

CHAPTER 7: COMPLIANCE WITH THE WORKER
PROTECTION STANDARD . . . . . . . . . . . . . . . . . . . . . . . . . . 97

Employer Responsibilities for WPS Compliance. . . . . . . . . . . . . . . . . . . . . 98
Avoiding Discrimination in Hiring. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
WPS Penalties and Fines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
EPA’S Compliance Assurance Process. . . . . . . . . . . . . . . . . . . . . . . . . . . 102

APPENDIX A: WORKER PROTECTION STANDARD
DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
APPENDIX B: WORKER PROTECTION STANDARD
CRITERIA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

Criteria for Pesticide Safety Information Display. . . . . . . . . . . . . . . . . . . . 108
Criteria to Qualify as a WPS Trainer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Criteria for Worker Training. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Criteria for Handler Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Criteria for WPS Train-the-Trainer Programs . . . . . . . . . . . . . . . . . . . . . . 115
Medical Recommendation and Recordkeeping for Respirators . . . . . . . . 116
OSHA-Accepted Respirator Fit Testing Procedures . . . . . . . . . . . . . . . . . 116
Respirator Training Criteria Required by WPS . . . . . . . . . . . . . . . . . . . . . 116

APPENDIX C: WORKER PROTECTION STANDARD
CHECKLISTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117

WPS Requirements for Agricultural Employers of Workers. . . . . . . . . . . . 118
WPS Requirements for Agricultural Employers of Handlers. . . . . . . . . . . 119
WPS Requirements for the Use of Respirators. . . . . . . . . . . . . . . . . . . . . 120
WPS Requirements for Commercial Pesticide Handler Employers . . . . . 121
WPS Requirements for Agricultural Establishment Owners and Immediate
Family Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
WPS Exemptions for Agricultural Establishment Owners and Immediate
Family Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

APPENDIX D: ADDITIONAL RESOURCES. . . . . . . . . . . . . 125

Contacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Additional Resources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129

WPS — How to Comply Manual

Ensure that early-entry workers and all handlers are at least 18 years old. 170.309 (c) and
170.313 (c)

7.

6.

5.

4.

3.

2.

1.

Display or make available all of the information listed in #2 together in an easily accessible
(“central”) location on the agricultural establishment. 170.311 (a)(5) and 170.311 (b)(2)
The information includes:
●
EPA WPS safety poster or equivalent information, which must include some additional
information by January 2, 2018, and must be kept current. 170.311 (a)
●
Application information that includes:
о
Product name, EPA registration number, and active ingredient
о
Crop or site treated, location and description of the treated area
о
Date, start and end times of the application, and duration of restricted-entry
interval (REI). 170.311 (b)(1)
●
A copy of the safety data sheet (SDS) for the formulated product for each WPS-labeled
pesticide applied. 170.309 and 170.311
In addition, display the EPA WPS safety poster (or equivalent) where decontamination
supplies are located at permanent sites and where decontamination supplies are provided for
11 or more workers. 170.311 (a)(5)
Allow workers and handlers unrestricted access to all of the information and keep all of the
displayed information current and legible. 170.311 (a)(6)-(7) and 170.311 (b)(3)-(4)
Display the EPA WPS safety poster or equivalent information before an application takes
place and for 30 days after the REI expires. 170.309 (h)
Display the SDS and application information within 24 hours of the application and before
workers enter treated areas. This information must be displayed for 30 days after the REI
expires and kept in records on the agricultural establishment until 2 years after the REI
expires. 170.309 (h)&(l) and 170.311 (b)(5)-(6)
Provide the SDS and application information upon request of a worker, handler, designated
representative or medical personnel, within 15 days. 170.311 (b)(7)-(9)

An agricultural employer must display or make certain information available on the establishment.
Commercial pesticide handler employers do not have to comply with information display
requirements.

Pesticide Safety, Application and Hazard Information

1.

The tasks supervisors/labor
contractors must do, and
The information they must provide
to workers/handlers.

WPS — How to Comply Manual

Train workers and handlers annually. 170.401 (a) and 170.501 (a)
Present training using EPA-approved materials either orally from written materials or
audio-visually. After January 2, 2018, the training must cover additional topics. 170.401 (c)
and 170.501 (c)
Trainers must be certified applicators or have completed an EPA-approved train-the-trainer
program or be designated by the State or Tribal pesticide enforcement agency. 170.401 (c)(4)
and 170.501 (c)(4)
Training must be delivered in a manner the employees can understand, and the trainer must
be present and respond to questions. 170.401 (c)(1) and 170.501 (c)(1)
Maintain training records on the establishment for two years from the training date for each
worker and handler required to be trained on the agricultural establishment. 170.401 (d) and
170.501 (d)

Continued on next column

5.

4.

3.

1.
2.

within the last 30 days). 170.401 (a) Ensure that handlers are trained before performing any
handler activity. 170.501 (a) There is no grace period for worker or handler training.

1.
2.

Promptly make transportation available to an appropriate emergency medical facility.
Promptly provide to the treating medical personnel, information related to each pesticide
product to which the person may have been exposed:
●
Safety Data Sheet
●
Product name, EPA registration number, and active ingredient(s).
●
Description of how the pesticide was used on the agricultural establishment.
●
Circumstances that could have resulted in exposure to the pesticide. 170.309 (f)

If there is reason to believe a worker or handler has been exposed to pesticides, during or within 72
hours of employment, and needs emergency medical treatment, employers must do the following:

Emergency Assistance

The commercial pesticide employer must pass this information along to the handler doing the work.
170.313 (h)

2.

Before any application, commercial pesticide handler employers must make sure the owner/
operator of an agricultural establishment where a pesticide will be applied, is aware of:
●
Location and description of area to be treated,
●
Date of application, estimated start time and estimated end time of the application,
●
Product name, EPA registration number, active ingredient(s), and REI,
●
Whether the product label requires both oral warnings and treated area posting,
●
All other safety requirements on labeling for workers or other people. 170.313 (i)
Owners/operators of agricultural establishments must make sure any commercial pesticide
handler employer they hire is aware of:
●
Specific location and description of any treated areas where an REI is in effect that the
commercial handler may be in or walk within 1/4 mile of, and,
●
Restrictions on entering those areas. 170.309 (k)

Employer Information Exchange
1.

8.

7.

6.

5.

4.

3.

2.

(when required 170.411 (c)) and handlers. 170.411 and 170.509
●
1 gallon of water per worker and 3 gallons of water per handler at the beginning of each
work period for routine and emergency decontamination,
●
Plenty of soap and single-use towels, Note: hand sanitizers and wet towelettes are
insufficient. 170.411 (b)(2) and 170.509 (b)(2)
●
A clean coverall (or other clean change of clothes) for handlers
Provide water that is safe and cool enough for washing, eye-flushing, and drinking. Do not
use water that is also used for mixing pesticides unless steps are taken to ensure safety.
170.411 (b)(1)
Provide handlers with decontamination supplies where personal protective equipment (PPE)
is removed at the end of a task. 170.509 (a)
Provide handlers with decontamination supplies at each mixing and loading site.
170.509 (c)(1)
When a product requires protective eyewear for handlers, and/or when using a closed system
under pressure, provide the following in mixing and loading areas: a system that can deliver
gently running water at 0.4 gallons per minute for at least 15 minutes or 6 gallons of water in
containers suitable for providing a gentle eye-flush for about 15 minutes. 170.509 (d)(1)
When applying a product that requires protective eyewear, provide 1 pint of water per handler
in portable containers that are immediately available to each handler. 170.509 (d)(2)
Do not put worker decontamination supplies in areas being treated or under an REI.
170.411 (d)
For handlers, decontamination supplies must be kept outside the treated area, or any area
under an REI, unless they are protected from contamination in closed containers.
170.509 (c)(1)&(3)

This is a summary of the requirements. It does not contain all the information to comply with the revised WPS. Refer to the regulations where indicated for complete details.

Employers are liable for a penalty under
FIFRA if a supervisor or labor contractor
acting for them fails to comply with the
revised WPS requirements. 170.309 (d),
170.313 (d), 170.317 (c)

●

●

Employers must provide sufficient
information to supervisors and/or labor
contractors to ensure compliance with
the revised WPS. Specify:

Employer Responsibilities
for Supervisors and Labor Pesticide Safety Training
Contractors
Ensure that workers are trained before performing tasks in a pesticide treated area (REI in effect

Exceptions to PPE required on pesticide
labels 170.607

Exceptions for handlers 170.501 (b)

Exceptions for early-entry workers
during a restricted-entry interval
170.603

Exceptions for workers 170.401 (b) and
170.409 (a)(2)

Exemptions (general) 170.303 (b) and
170.601

The guide summarizes the maximum
requirements under the revised WPS.
It does not include exemptions and
exceptions that may allow you to do
less. See the referenced sections below.

designed to protect agricultural workers
(people employed in the production
of agricultural plants) and pesticide
handlers (people mixing, loading, or
applying pesticides or doing certain
tasks involving direct contact with
pesticides). Each section links to the
Code of Federal Regulations (40 CFR
Part 170) for more information on the
revised WPS. (www.ecfr.gov)

The WPS is a federal regulation

Duties for ALL Employers
QUICK REFERENCE
These requirements apply to agricultural employers and commercial pesticide handler employers except the pesticide safety, application and hazard information requirements apply only to agricultural
GUIDE TO
employers.
THE WORKER
Separate from the pesticide safety training, employers must tell workers and handlers where to find
Anti-Retaliation
the following on the worksite: EPA WPS safety poster (or equivalent), application information, SDSs
PROTECTION
Employers must not retaliate against a worker or handler who attempts to comply with the WPS,
and decontamination supplies. 170.403 and 170.503 (b)
a complaint, or provides information in an investigation of alleged WPS noncompliance.
STANDARD (WPS) AS files
170.315
Decontamination Supplies
REVISED IN 2015
1.
Establish accessible decontamination supplies located together within 1/4 mile of all workers
Minimum Age Requirements

PREAMBLE

i

ii

The application exclusion zone (AEZ) for outdoor production, or
A specified area that varies by the type of application until the ventilation
criteria are met for enclosed space production.

Orally warn workers and post treated areas if required by the pesticide
labeling.
If not, post warning signs if the REI is greater than:
●
48 hours for outdoor production or
●
4 hours for enclosed space production.
For all other applications, either orally warn workers or post warning signs.

Additional Agricultural
Employer Duties

1.
2.
3.
4.

The equipment may be contaminated with pesticides.
The potentially harmful effects of pesticide exposure.
How to handle equipment to limit exposure to pesticides.
How to wash themselves and/or their clothes to remove and prevent exposure
to pesticide residues. 170.309 (g) and 170.313 (l)

Before allowing persons not directly employed by the establishment to clean, repair,
or adjust pesticide application equipment, provide the following information:

2.

Before each application, tell workers who are on the establishment (in a
manner they can understand):
●
Location and description of treated area,
●
Date and times entry is restricted
AEZ, REI, and not to enter during REI.
●
Workers who enter the establishment after application starts must receive the
same warning at the start of their work period.

5.

4.

3.

2.

Provide handlers with the PPE required by the pesticide labeling,
and be sure it is: 170.507 (b)
●
Clean and in operating condition, 170.507 (b)
●
Worn and used according to the manufacturer’s instructions,
170.507 (c)
●
Inspected before each day of use, 170.507 (c)(2)
●
Repaired or replaced as needed. 170.507 (c)(2)
When a respirator is required by product labeling, provide handlers
with:
●
A medical evaluation to ensure the handler is physically able to
safely wear the respirator,
●
Training in respirator use, and
●
A fit test to ensure the respirator fits correctly.
●
Keep records on the establishment of these items for two
years. 170.507 (b)(10)
Take steps to avoid heat-related illness when labeling requires the
use of PPE for a handler activity. 170.507 (e)
Provide handlers a pesticide-free area for:
●
Storing personal clothing not in use,
●
Putting on PPE at start of task,
●
Taking off PPE at end of task. 170.507 (d)(9)
Do not allow used PPE to be taken home. 170.507 (d)(10)

1.

Inspect pesticide handling equipment before each day of use, and
repair or replace as needed. 170.309 (j) and 170.313 (g)
Allow only appropriately trained and equipped handlers to repair,
clean, or adjust pesticide equipment that contains pesticides or
residues, unless they are not employed on the establishment.
170.309 (g) and 170.507 (a) See Additional Agricultural Employer
Duties for information regarding non-employed persons.

1.

2.

1.

Personal Protective Equipment (PPE) Handlers Must Use

Post legible 14” x 16” WPS-design warning signs no more than 24 hours prior
to an application; keep posted during REI; remove or cover before workers
enter and within 3 days after the end of the REI. 170.409 (b)(1)-(3)
Post signs so they can be seen at all reasonably expected entrances to
treated areas. 170.409 (b)(3)(ii)
Warning signs can be smaller than 14” x 16” under certain conditions. All
warning signs must meet specific requirements. 170.409 (b)

Before handlers do any handling task, inform them, in a manner they
can understand, of all pesticide labeling instructions for safe use.
170.503 (a)(1)
Ensure that the handler has access to product labeling during the
entire handling task. 170.503 (a)(2)

Equipment Safety

2.

1.

Specific Instructions for Handlers

4.

3.

Oral Warnings 170.409 (c)

3.

2.

1.

Posted Warning Signs 170.409 (b)

3.

2.

1.

Notice About Applications 170.409 (a)

Do not direct or allow any worker to enter or remain in the treated area until the
REI has expired and all posted warning signs are removed or covered. Read the
exceptions in 170.603.

Restricted-Entry Intervals (REIs) 170.309 (l) and 170.407

1.
2.

2.

Replace particulate filters or filtering facepiece respirators when any
following condition is met:
●
When breathing becomes difficult,
●
When the filter is damaged or torn,
●
When the respirator label or pesticide label requires it,
●
After 8 total hours of use, in the absence of any other
instructions or indications of service life. 170.507 (d)(6)
Replace vapor-removing cartridges/canisters when any following
condition is met:
●
When odor/taste/irritation is noticed,
●
When the respirator label or pesticide label requires it
(whichever is shorter),
●
When breathing resistance becomes excessive,
●
After 8 total hours of use, in the absence of any other
instructions or indications of service life. 170.507 (d)(7)
Discard, do not clean, coveralls and other absorbent materials
that are heavily contaminated with pesticide having a signal word
“DANGER” or “WARNING.” When discarding PPE, ensure that it is
unusable as apparel or made unavailable for further use.
Follow federal, state, and local laws when disposing of PPE that
cannot be cleaned correctly. 170.507 (d)(2)

1.
2.
3.
4.
5.

pesticideresources.org
This was developed under cooperative agreement #X8-83616301.
EPA-305-B-16-001

epa.gov

That PPE may be contaminated with pesticides,
Of the potential for harmful effects of exposure to pesticides,
How to protect themselves when handling PPE,
How to clean PPE correctly, and
Decontamination procedures to follow after handling contaminated
PPE.

The handler employer must inform people who clean or launder PPE:

Instructions for People Who Clean PPE 170.507 (d)(8)

2.

1.

Disposal of PPE

2.

1.

Replacing Respirator Purifying Elements

3.
4.

2.

Store and wash used PPE separately from other clothing and
laundry. 170.507 (d)(3)
If PPE will be reused, clean it before each day of reuse, according
to the instructions from the PPE manufacturer unless the pesticide
labeling specifies other requirements. If there are no other
instructions, wash in detergent and hot water. 170.507 (d)(1)
Dry the clean PPE before storing. 170.507 (d)(4)
Store clean PPE away from personal clothing and apart from
pesticide-contaminated areas. 170.507 (d)(5)

1.

1.

During pesticide applications, keep workers and everyone other than appropriately
trained and equipped handlers out of the treated area (for all types of applications)
and out of:

Do not allow handlers to apply a pesticide so that it contacts,
directly or through drift, anyone other than appropriately trained and
equipped handlers.
Handlers must suspend applications when anyone other than
appropriately trained and equipped handlers enter the application
exclusion zone (AEZ). This goes into effect on January 2, 2018.
170.505 (b)
When anyone is handling a highly toxic pesticide with a skull and
crossbones, maintain sight or voice contact every two hours.
Make sure a trained handler equipped with labeling-specific PPE
maintains constant voice or visual contact with any handler in an
enclosed-space production site (e.g., greenhouses, high tunnels,
indoor grow houses) while applying a fumigant.

Care of PPE

Application Restrictions and Monitoring 170.505

These requirements apply to commercial pesticide handler employers and agricultural employers who employ handlers.

Additional Duties for Handler Employers

Restrictions During Applications 170.405 (a)-(b)

These requirements apply to agricultural employers who employ workers.

Additional Duties for
Worker Employers

PREAMBLE

PREAMBLE
WHY IS THE INFORMATION IN THIS MANUAL IMPORTANT?
It is a violation of federal law to use a pesticide product in a manner inconsistent
with its labeling. When you use a pesticide product with labeling that refers to the
Worker Protection Standard (WPS), you must comply with the requirements of
the federal WPS (Code of Federal Regulations (CFR), Title 40, Part 170). If you
do not comply with the WPS requirements, you will be using a pesticide product
in a manner inconsistent with its labeling and will be in violation of federal law.
This manual provides information to help you comply with the requirements of the
federal WPS for agricultural pesticides as originally published in 1992, amended
in 1995, 1996 and 2004, and revised in 2015. The U.S. Environmental Protection
Agency (EPA) may issue additional guidance about the WPS and may amend
the WPS in the future. Check with your state or tribal agency responsible for
pesticide enforcement for further information and current amendments.
This updated manual, “How to Comply With the 2015 Revised Worker Protection
Standard for Agricultural Pesticides,” EPA 735-B-16-001 supersedes the
EPA 735-B-05-002 manual and all previous versions. Changes to the Worker
Protection Standard have made the 2005 version obsolete. Any continued use
of outdated manuals may lead an employer to be out of compliance with this
regulation.

DO YOU NEED TO READ THIS MANUAL?
The WPS may apply to you if you use a WPS-labeled pesticide product on an
agricultural establishment in the production of agricultural plants and you are any
one of the following:
●● The owner or a person responsible for the management of an agricultural
establishment that employs workers or handlers.
●● The owner of a family-owned agricultural establishment where you and/
or your immediate family members are the only people who work on the
establishment.
●● The owner or a person responsible for the management of a commercial
(for-hire) pesticide handling establishment.
●● A pesticide handler.
●● A crop advisor.

WPS — How to Comply Manual

iii

THIS WPS “HOW TO COMPLY” MANUAL WILL:
●● Help you determine whether you need to comply with the WPS.
●● Give you detailed information on how to comply with the WPS requirements,
including exemptions, exceptions, restrictions, options and examples.
●● Provide you with a “Quick Reference Guide” — a simplified route to
compliance that focuses on the basic WPS requirements (excluding
exemptions, exceptions, etc.).
●● Explain how important definitions affect your WPS responsibilities.
●● Provide other special notes to help you better understand the WPS
requirements and how they apply to you.

ORGANIZATION OF THE “HOW TO COMPLY” MANUAL
This WPS How to Comply Manual is organized based upon the WPS
responsibilities for each type of employer. There are three primary types of
employers that are responsible for WPS compliance; agricultural employer
of workers, agricultural employer of pesticide handlers, and the commercial
pesticide handler employer (employers of for-hire pesticide handlers or crop
advisors). Most likely, users of this manual will not need to read all of the
chapters as it would be unlikely for a person to meet all three categories of a
WPS employer.
Each section contains a reference to the Code of Federal Regulations (40 CFR
Part 170) for more information on the revised WPS. (www.ecfr.gov)
Read Chapter 1 to help you determine which type of employer you are and what
pesticide uses are covered by the WPS and which ones are not.
The following chart identifies the chapters in this manual that include relevant
information for each type of WPS employer:
WPS Employer Type
Agricultural Employer of Workers
Agricultural Employer of Handlers
Commercial Pesticide Handler
Employer
Crop Advisors
Owner of an Agricultural Establishment
and Immediate Family

Most Relevant Chapters
Chapters 2 & 3
Chapters 2 & 4
Chapters 4 & 5
Chapter 6
Chapter 6

Chapter 7 applies to everyone subject to this federal regulation and provides
information on WPS compliance.
The appendices provide a wide range of definitions, checklists, procedures and
resources to provide assistance with WPS compliance.

iv

PREAMBLE

ADDITIONAL WORKER PROTECTION REQUIREMENTS
Some states, tribes, or local governments with jurisdiction over pesticide
enforcement may have additional worker protection requirements beyond the
requirements described in this federal manual. Check with these agencies to
obtain the information you need to comply with all applicable state, tribal, or local
requirements.

REPRODUCTION OF THE MANUAL
This manual may be reproduced, but if this manual is altered it may no longer
provide the information employers need to comply with the requirements of the
federal Worker Protection Standard.

MATERIAL APPENDED TO THE MANUAL
States, tribes, or local governments with jurisdiction over pesticide enforcement
may elect to append additional worker protection requirements to this federal
manual. These additions may only be appended at the end of this federal
manual. Any additional material should be clearly identified as state, tribal, or
local requirements.

WPS — How to Comply Manual

v

vi

INTRODUCTION

INTRO

INTRODUCTION TO THE WORKER
PROTECTION STANDARD
WHAT IS THE WORKER PROTECTION STANDARD?
The Worker Protection Standard (WPS) is a regulation originally issued by the
U.S. Environmental Protection Agency (EPA) in 1992 and most recently revised
in 2015. This regulation is primarily intended to reduce the risks of illness or injury
to workers and handlers resulting from occupational exposures to pesticides
used in the production of agricultural plants on agricultural establishments (i.e.,
farms, forests, nurseries and enclosed space production facilities, such as
greenhouses). Workers are generally those who perform hand-labor tasks in
pesticide-treated crops, such as harvesting, thinning, and pruning. Handlers are
usually those that are in direct contact with pesticides such as mixing, loading or
applying pesticides.
The WPS requires agricultural employers and commercial pesticide handler
employers to provide specific information and protections to workers, handlers
and other persons when WPS-labeled pesticide products are used on agricultural
establishments in the production of agricultural plants. It also requires owners of
agricultural establishments to provide certain protections for themselves and their
immediate family, requires handlers to wear the labeling-specified clothing and
personal protective equipment when performing handler activities, and to take
measures to protect workers and other persons during pesticide applications.

WHY DID THE WPS REGULATION CHANGE IN 2015?
The 2015 revisions to the WPS regulation strengthened elements of the existing
rule to better protect workers and handlers from occupational exposure to
pesticides and reduce the numbers of potentially preventable pesticide incidents
and illnesses. The 2015 revisions also ensure workers and handlers receive
workplace protections comparable to those that are already provided to workers
in other industries, while still considering the unique needs of agricultural
operations.
Fewer pesticide exposure incidents are the anticipated result of having stronger
protections for the nation’s 2 million agricultural workers and their families. This
results in a healthier and more productive workforce. For employees, this means
fewer pesticide exposures, and fewer lost wages, medical bills, and absences
from work and school.

WPS — How to Comply Manual

1

INTRO

WHAT CHANGED IN THE WPS?
The 2015 revisions to the Worker Protection Standard cover many different topic
areas. The major revisions include:
●● Annual mandatory training to inform workers and handlers about the required
protections afforded to them.
●● Expanded training that includes instructions to reduce take-home exposure
from pesticides on work clothing and other safety topics.
●● Anyone under 18 years old are prohibited from being a pesticide handler or
doing early-entry work during a restricted-entry interval (REI).
●● Expanded mandatory posting of no-entry signs for outdoor production (e.g.,
farms, forests and nurseries) if the REI is greater than 48 hours.
●● New application exclusion zones (AEZ) up to 100 feet surrounding pesticide
application equipment intended to protect workers and others from pesticide
exposure during pesticide applications.
●● Providing more than one way for workers and handlers to gain access to
pesticide application information and safety data sheets – centrally-posted or
by requesting records themselves, through medical personnel or through a
designated representative.
●● If a respirator is required by the labeling, the employer must provide the
handler with a medical evaluation, fit testing, and respirator training in
compliance with the Occupational Safety and Health Administration’s
(OSHA’s) Respiratory Protection Standard.
●● Mandatory record-keeping to improve states’ ability to follow up on pesticide
violations and enforce compliance. Records of application-specific pesticide
information, safety data sheets (SDS), worker/handler pesticide safety
training and respirator medical evaluations, fit testing and respirator training
must be kept for 2 years.
●● Anti-retaliation provisions that are comparable to the U.S. Department of
Labor.
●● If protective eyewear is required by the labeling, the employer must provide
water for emergency eye flushing for handlers at pesticide mixing/loading
sites.
●● Expanded definition of immediate family and criteria for agricultural
establishments that are eligible for the exemption for owners and their
immediate families.
●● Replaced the term “greenhouse” with “enclosed space production”, which
includes greenhouses, mushroom houses, hoop houses, high tunnels, and
grow houses.

2

INTRODUCTION

INTRO

IMPLEMENTATION DATES OF THE NEW WPS
REQUIREMENTS
Effective January 2, 2017:
❖❖ Annual mandatory training for workers and handlers.
❖❖ No grace period to train workers (there has never been a grace period to
train handlers).
❖❖ Recordkeeping of handler and worker training.
❖❖ Minimum age requirement of 18 years old for pesticide handlers or earlyentry workers entering into a treated site before the REI has expired.
❖❖ Expanded mandatory posting of no-entry signs for outdoor production (e.g.,
farms, forests and nurseries) if the REI is greater than 48 hours.
❖❖ Recordkeeping and posting of pesticide application information and hazard
information (i.e., SDS).
❖❖ Anti-retaliation protections strengthened.
❖❖ Requirements for medical evaluation, fit testing and specific training for use
of respirators and the associated recordkeeping.
❖❖ Provide specific amounts of water to be used for routine decontamination.
❖❖ Provide water for emergency eye flushing for handlers at mixing/loading
sites if protective eyewear is required by the pesticide product labeling.
❖❖ Continued exemption for owners and their immediate family with an
expanded definition of immediate family.
❖❖ During pesticide applications, agricultural employers must keep workers
and other persons out of the AEZ surrounding the pesticide application
equipment within the establishment’s property boundary.

Effective January 2, 2018
❖❖ Expanded training content for workers and handlers (January 2, 2018 or
within 6 months of EPA making training materials available but not before
January 2, 2018). Refer to Appendix B: Worker Protection Standard Criteria
for worker and handler training content.
❖❖ The expanded content that must be included in the pesticide safety
information display (safety posters). Refer to page 23.
❖❖ Suspending applications. The requirement for handlers to suspend
applications if anyone, other than a trained and equipped handler
involved with the application, is in the AEZ which can extend beyond the
establishment’s property boundary.
Until these 2015 revised WPS requirements become enforceable, the 1995
WPS regulations (subparts A, B and C of 40 CFR part 170) remain in effect.

WPS — How to Comply Manual

3

INTRO

WHO DOES THE WPS PROTECT?
The WPS requires employers to take steps to protect primarily two types of
agricultural employees: workers and handlers. In addition, the WPS provides
certain protections for “other persons” during pesticide applications (e.g., nonworker/handler employees, family members, customers, government officials and
any bystanders).

Workers
A worker is anyone who is:
1. Employed (including self-employed) in exchange for a salary or wages or
other monetary compensation, and
2. Doing tasks directly related to the production of agricultural plants on an
agricultural establishment such as harvesting, weeding, carrying nursery
stock, repotting plants, pruning or watering.

Handlers
A handler is anyone who is:
1. Employed (including self-employed) in exchange for a salary or wages
or other monetary compensation by an agricultural establishment or a
commercial pesticide handling establishment that uses pesticides in the
production of agricultural plants, and
2. Doing any of the following tasks:
●● Mixing, loading, transferring, applying or disposing of pesticides,
●● Handling opened containers of pesticides; emptying, triple-rinsing, or
cleaning pesticide containers according to pesticide product labeling
instructions; or disposing of pesticide containers that have not been
cleaned,
●● Acting as a flagger,
●● Cleaning, adjusting, handling or repairing the parts of mixing, loading, or
application equipment that may contain pesticide residues,
●● Assisting with the application of pesticides, including incorporating the
pesticide into the soil after the application has occurred, or dipping plant
cuttings in rooting hormones that are registered pesticides,
●● Entering a greenhouse or other enclosed space after application and
before the inhalation exposure level listed on the pesticide product
labeling has been reached or any ventilation criteria established by WPS
(Chapter 3, Table 1. Entry Restrictions During Enclosed Space Production
Pesticide Applications) or on the pesticide product labeling has been met
to:
оо Operate ventilation equipment,
оо Adjust or remove coverings, such as tarps used in fumigation, or
оо Check air pesticide concentration levels,

4

INTRODUCTION

INTRO

●● Entering a treated area outdoors after application of any soil fumigant to
adjust or remove soil coverings, such as tarps, or
●● Performing tasks as a crop advisor:
оо During any pesticide application,
оо During any restricted-entry interval, or
оо Before any inhalation exposure level listed on the pesticide product
labeling has been reached or any ventilation criteria established by
WPS (Chapter 3, Table 1. Entry Restrictions During Enclosed Space
Production Pesticide Applications) or on the pesticide product labeling
has been met.
Examples:
You are a handler if you are loading unopened water-soluble packets into a
mixing tank (because you are mixing and loading the pesticide).
You are not a handler if you:
●● Purchase pesticides and transport them unopened to an establishment.
●● Carry containers that have never been opened into a pesticide storage
facility.
●● Transport containers that have never been opened to the site where they are
to be mixed, loaded, or applied.

A person is not a
handler if he or she
only handles pesticide
containers that have
never been opened
or have been emptied
and cleaned according
to instructions on the
pesticide product
labeling.

Handlers who are currently certified as applicators of restricted-use pesticides
must be given all of the WPS handler protections, except that they do not need to
receive WPS training.

Crop Advisors
A crop advisor may be a worker or handler under the WPS depending on when
the crop advising task is done. A crop advisor is defined as any person who
is assessing pest numbers, damage, pesticide distribution, or the status or
requirements of agricultural plants.
●● If crop advising tasks are done during a pesticide application or while the REI
is in effect, the crop advisor is a handler under WPS.
●● If crop advising tasks are done after the REI has expired, but is within the 30
days of the expiration of the REI, the crop advisor is a worker under WPS.
See Chapter 6: Exemption and Exceptions for additional requirement for crop
advisors.

WPS — How to Comply Manual

5

INTRO

WHAT ARE THE BASIC PRINCIPLES OF THE WPS?
The WPS is based on a foundation of three basic principles to enhance
protections provided to agricultural workers, pesticide handlers and other
persons.

INFORM
To ensure employees will be informed about exposure to pesticides, the WPS
requires:
●● Pesticide safety training — for workers and handlers.
●● Pesticide safety information — basic safety concepts (on the poster
or otherwise displayed) available at the central location and some
decontamination sites.
●● Pesticide application and hazard information (SDS) and access to
the information — centrally-located pesticide application information and
safety data sheets (SDS) in an area accessible to workers and handlers.
This information must be kept for 2 years on the establishment and must be
provided to the employee, medical personnel or the employee’s designated
representative upon request.
●● Notify workers about treated areas — posting signs or providing oral
notification to avoid inadvertent pesticide exposures.
●● Information exchange — between commercial pesticide handler employers
and agricultural employers.

PROTECT
To ensure employees will be protected from exposures to pesticides, the WPS
requires employers to:
●● Exclude workers and others from areas being treated with pesticides.
●● Exclude workers and others from the application exclusion zone (AEZ)
within the boundaries of the agricultural establishment during pesticide
applications.
●● Exclude workers from areas that remain under a restricted-entry interval
(REI), with narrow exceptions.
●● Ensure a pesticide handler or an early-entry worker (one that enters a
treated site prior to the expiration of the REI) be a minimum of 18 years old.
●● Prohibit handlers from applying a pesticide in a way that will expose
workers or other persons.
●● Protect handlers during handling tasks including monitoring while handling
highly toxic pesticides.
●● Provide, maintain and ensure the correct use of personal protective
equipment (PPE) including enhanced protections for the use of respirators.
●● Protect early-entry workers who are doing permitted tasks in treated areas
during a REI, including special instructions and duties related to correct use
of PPE.

6

INTRODUCTION

INTRO

In addition, the WPS requires handlers to:
●● Apply pesticides in a way that will not expose workers or other persons.
●● Suspend applications if anyone, other than a trained and equipped handler
involved with the application, is in the AEZ during a pesticide application
(which may be outside the establishment’s property boundary).
●● Wear PPE specified on the pesticide product labeling.

MITIGATE
To address pesticide exposures that employees may experience, the WPS
requires employers to provide:
●● Decontamination supplies — specific amounts of water for workers and
handlers along with soap and towels for routine washing and emergency
decontamination.
●● Eyewash water — for handlers using pesticides requiring protective
eyewear.
●● Emergency assistance — making transportation available to a medical care
facility if an agricultural worker or handler may have been poisoned or injured
by a pesticide, and providing information about the pesticide(s) to which the
person may have been exposed to.

WPS — How to Comply Manual

7

8

INTRO

CHAPTER 1

DETERMINING YOUR WPS RESPONSIBILITIES

DOES THE WPS APPLY TO YOU?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
WHO HAS WPS RESPONSIBILITIES?. . . . . . . . . . . . . . . . . . . . . . . . . . 12
ARE YOU A “WORKER” EMPLOYER, A “HANDLER” EMPLOYER OR
BOTH? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
WHICH ESTABLISHMENTS ARE COVERED BY THE WPS?. . . . . . . . 14
WHICH PESTICIDE USES ARE COVERED BY THE WPS?. . . . . . . . . . 15
WHICH PESTICIDE USES ARE NOT COVERED BY THE WPS? . . . . . 16
WHAT IF THE LABELING CONFLICTS WITH THE WPS?. . . . . . . . . . . 17

All WPS requirements are effective January 2, 2017 unless
identified for a delayed implementation of January 2, 2018.

9

DOES THE WPS APPLY TO YOU?

CHAPTER 1

The WPS applies to you if you use a WPS-labeled pesticide product (that
contains an AGRICULTURAL USE REQUIREMENTS box under DIRECTIONS
FOR USE) on an “agricultural establishment” directly related to the production
of an “agricultural plant.” If you also employ workers or handlers (directly
or through a labor contractor), you will have additional WPS responsibilities.
In the WPS, employers of workers or handlers are referred to as “agricultural
employers” or “commercial pesticide handler employers” depending on the
situation.
Employers are responsible for making sure that workers and handlers receive
the protections required by the pesticide labeling and the WPS. The term
“employ” and “agricultural employer” have special meanings in the WPS — you
are an employer even though you are self-employed or use only members of
your own family to do the work on your establishment. You are also considered
the employer when you hire workers or handlers through a labor
contractor. However, an owner or agricultural employer who hires handlers
through a commercial pesticide handler employer is not considered the
handler employer for those handlers.
The WPS applies to you if:
You own or operate an agricultural
Even if you are the owner of a farm,
establishment directly related to the forest, nursery, or an enclosed space
production of an agricultural plant. production facility (e.g., greenhouse,
grow house, hoop house, high
tunnel) and you or members of your
“immediate” family do all the work,
you are a “WPS employer” and must
comply with some of the requirements
described in this manual.
You hire or contract for the services This includes hiring labor contractors
of agricultural workers to do
and others who contract with growers
tasks related to the production
to supply workers or handlers to work
of agricultural plants on an
on your agricultural establishment.
The labor contractor can be
agricultural establishment.
assigned WPS responsibilities but
is not responsible for your WPS
compliance.
You employ researchers who help
There is an exemption from the
produce agricultural plants.
WPS requirements when conducting
research on unregistered pesticides.
This exemption DOES NOT include
research on unregistered uses of
a registered pesticide product or
maintenance pesticide applications
applied to agricultural plants subject to
research.

10

WPS RESPONSIBILITIES
You operate a business in which
you (or people you employ) apply
pesticides that are used for the
production of an agricultural plant.

CHAPTER 1

Commercial pesticide handlers
and their employees are included
in the WPS even if some of the
pesticide handling tasks (mixing,
loading, disposal, etc.)take place
somewhere other than the agricultural
establishment that is the treatment
site. An example would be mixing/
loading at the commercial handling
establishment or an airport hangar.
You operate a business in which
“Crop advisor” means any person
you (or people you employ) perform who is assessing pest numbers or
damage, pesticide distribution, or the
tasks as a crop advisor on any
agricultural establishment.
status, condition, or requirements of
agricultural plants. Examples include
crop consultants and field scouts.
For a description of WPS provisions
for certified and non-certified crop
advisors, see Chapter 6: Exemptions
and Exceptions.
You are a pesticide handler who
Handlers have several specific
applies WPS-labeled pesticide
responsibilities under WPS separate
from employers of handlers that deal
products on an agricultural
with the actual application of the
establishment.
pesticide and wearing PPE.
Under the WPS, you may be one or several of the above.

Know where you stand!

WPS — How to Comply Manual

11

CHAPTER 1

WHO HAS WPS RESPONSIBILITIES?
While handler
employers have primary
responsibility for
compliance with most
WPS requirements,
pesticide handlers DO
have several specific
responsibilities under
the WPS including the
requirement to wear
the label-required
personal protective
equipment when
handling pesticides and
to follow measures to
protect workers and
other persons during
pesticide applications.

The WPS requires agricultural employers and commercial pesticide handler
employers to provide the protections required by this rule.
●● An agricultural employer or commercial pesticide handler employer
must provide WPS protections to their worker or handler employees.
●● Certain WPS protections must also be provided to agricultural
establishment owners or their immediate family members regardless of
whether or not other workers or handlers are employed on the establishment.
●● In addition, handlers have several specific responsibilities under the WPS.
In summary, you have WPS responsibilities if you are:
An agricultural employer – any person who is an owner of, or is responsible for
the management or condition of an agricultural establishment, and who employs
any worker or handler.
A commercial pesticide handler employer – any person, other than an
agricultural employer, who employs any handler to perform handler activities
on an agricultural establishment. A labor contractor who does not provide
pesticide application services or supervise the performance of handler activities,
but merely employs laborers who perform handler activities at the direction of
an agricultural or handler employer, is not a commercial pesticide handler
employer.
A handler – any person, including a self-employed person, who is employed
by an agricultural employer or commercial pesticide handler employer and
performs certain activities including but not limited to mixing, loading or applying
pesticides. See the Introduction (page 4) for a full list of handler activities.

12

WPS RESPONSIBILITIES

ARE YOU A “WORKER” EMPLOYER, A “HANDLER”
EMPLOYER OR BOTH?
The kinds of tasks your employees do, determine whether you are a “worker”
employer, a “handler” employer or both.

●● The same employee may be a worker at times and a handler at other times,
depending on the type of task being performed.
●● You may be both a worker employer and a handler employer depending on
the tasks that you and your employees do.
●● “Early-entry workers” are also “workers” under the WPS.
●● You and your “immediate family” may be exempt from most of the WPS but
not all. Make sure you know the WPS requirements you and your family must
comply with. See Chapter 6: Exemptions and Exceptions.
●● Both general-use pesticides and restricted-use pesticides are covered by the
WPS.

CHAPTER 1

What activities employees perform will determine whether or not you (as their
employer) must comply with the WPS and if so, which requirements apply to
your situation. You need to provide all of the protections that apply to the type of
employee you have. See page 4 to determine if your employees are “workers”
(including “early-entry workers”) or “handlers.”
Hint: Training
employees as
handlers provides
flexibility by ensuring
they have met the
training requirements
for “workers” and
“handlers.”

WPS — How to Comply Manual

13

CHAPTER 1

WHICH ESTABLISHMENTS ARE COVERED BY THE WPS?
Farms, forests and
nurseries could
operate as outdoor
production or enclosed
space production,
depending on the
situation. Enclosed
space production
includes greenhouses,
mushroom houses,
hoop houses, high
tunnels and grow
houses.

The majority of establishments covered by the WPS include traditional cropproducing agricultural establishments that are farms, forest operations or
nurseries involved in either outdoor or enclosed space production and employ
workers or handlers. The WPS also covers family owned agricultural operations
where family members are the only persons who work on the establishment.
The WPS applies to any establishment involved in growing, maintaining or
producing agricultural plants (includes, but is not limited to, grains, fruits and
vegetables; wood fiber or timber products; flowering and foliage plants and
trees; seedlings and transplants; and turf grass produced for sod) for commercial
and/or research or experimental purposes. Commercial production includes
production of plants for sale, trade or in-house use on the establishment or
another facility.
This means the following facilities or operations that are not generally recognized
as traditional agricultural production establishments may be considered an
agricultural establishment for the purposes of the WPS and are covered by the
rule if they use WPS-labeled pesticide products:
●● Nurseries, garden centers or other similar operations where nursery and
ornamental bedding plants are maintained for sale (retail or wholesale).
●● Dairy farms that produce hay for feed for their cattle.
●● Golf course establishments that also produce sod and/or ornamentals in
one area on their facility/establishment for transplanting into the golf course
portion of the facility.
●● Public park operations/facilities and/or privately-held ornamental garden
operations/facilities that produce ornamental plants in one area on their
establishment for transplanting into the permanent park or ornamental
planting portion of the facility.
●● Theme park operations (e.g., Disney World, Universal Studios, Sea World,
etc.), hotels, and/or other entertainment operations that produce ornamental
plants in one area on their establishment for transplanting into the permanent
theme park grounds or ornamental planting portions of the facility.
●● Prisons that have “prison farms” where agricultural plants are produced and
the prisoners are employed as workers and handlers.
●● University extension agricultural research facilities that conduct research on
agricultural plants.
●● Educational classes or vocational agriculture programs where agricultural
plants are produced as part of a class or program, students act as workers
and/or handlers, and students receive monetary compensation such as a
stipend, or free or reduced tuition.
●● Pine straw harvesting/production operations.
●● Government owned or managed agricultural operations.
The WPS also applies to any establishment operating as a commercial (for-hire)
pesticide handling establishment that applies WPS-labeled pesticide products on
agricultural establishments or provides crop advising services for an agricultural
establishment.

14

WPS RESPONSIBILITIES

WHICH PESTICIDE USES ARE COVERED BY THE WPS?
170.303(a)

CHAPTER 1

Most pesticide uses involved in the indoor or outdoor production of agricultural
plants on an agricultural establishment are covered by the WPS. This includes
pesticides used on plants and pesticides used on the soil or planting medium the
plants are (or will be) grown in. Both general-use and restricted-use pesticides
are covered by the WPS. A pesticide product is covered by the WPS if the
following statement is in the Directions for Use section on the product labeling:
AGRICULTURAL USE REQUIREMENTS
Use this product only in accordance with its labeling and with the
Worker Protection Standard, 40 CFR 170. This standard contains
requirements for the protection of agricultural workers on farms,
forests, nurseries, and greenhouses, and handlers of agricultural
pesticides. It contains requirements for training, decontamination,
notification, and emergency assistance. It also contains specific
instructions and exceptions pertaining to the statements on
this label about personal protective equipment, restricted-entry
intervals and notification of workers.

Example of WPSlabeled pesticide
product statement.

When a pesticide product with labeling that refers to the WPS is used on an
agricultural establishment directly related to the production of an agricultural
plant, WPS requirements must be complied with. Although some protective
requirements for workers and handlers (PPE, REI, etc.) are clearly identified on
the pesticide product label, other WPS requirements are referred to through the
following statement on the label: It is violation of federal law to use a pesticide
product in a manner inconsistent with its labeling.

WPS — How to Comply Manual

15

WHICH PESTICIDE USES ARE NOT COVERED BY THE
WPS? 170.303(b)

CHAPTER 1

Some pesticide uses are not covered by the WPS, even when the
“AGRICULTURAL USE REQUIREMENTS” section is on the labeling.
For example, if the pesticide labeling bears an “AGRICULTURAL USE
REQUIREMENTS” section, but the product can also be applied to rights-of­-way,
the rights-of-way use is not covered by the WPS.
The WPS does not apply when a pesticide product label requires compliance
with the WPS and is applied on an agricultural establishment in the following
circumstances:

Hay production is a
WPS use (including
as feed for your
own animals). Hay
incidentally harvested
from rights-of-ways is
not a WPS use.

16

●● As part of government-sponsored public pest control programs over which
the owner, agricultural employer and handler employer have no control (e.g.,
mosquito abatement and Mediterranean fruit fly eradication).
●● On plants other than agricultural plants, which may include plants in home
fruit and vegetable gardens, home greenhouses, and permanent plantings
for ornamental purposes (e.g., plants that are in ornamental gardens, parks,
public or private landscaping, lawns or other grounds that are intended only
for aesthetic purposes or climatic modification).
●● For control of vertebrate pests such as rodents, unless directly related to
the production of an agricultural plant.
●● As an attractant or repellent in traps.
●● On the harvested portions of agricultural plants or on harvested timber.
●● For research uses of unregistered pesticides.
●● On pasture or rangeland where the forage will not be harvested for hay or for
any use.
●● In a manner not directly related to the production of agricultural plants,
including, but not limited to, livestock pest control (e.g., pesticide applications
on livestock or other animals, or in or about animal premises), structural pest
control and control of vegetation in non-crop areas.

WPS RESPONSIBILITIES

WHAT IF THE LABELING CONFLICTS WITH THE WPS?
Labeling overrides WPS 170.303(c)

CHAPTER 1

If the pesticide product labeling contains specific instructions or requirements
that conflict with the requirements of the Worker Protection Standard, follow
the instructions or requirements on the labeling, except as allowed in the:
●● WPS exemptions for crop advisors and owners of agricultural
establishments and their immediate families.
●● WPS exceptions to PPE requirements specified on pesticide product
labeling.
●● WPS exceptions for entry by workers during restricted-entry intervals
(early-entry workers).
For example, some pesticide product labeling may:
●● Prohibit any early-entry activity, including short-term and emergency tasks.
●● Allow an early-entry activity that the WPS does not allow.
●● Require the use of personal protective equipment even if closed systems
are used for mixing and loading.
●● Establish a different area that people must be kept out of during and after a
pesticide application, such as the soil fumigant requirements.
●● Require emergency eye flushing water in additional situations for products
that are eye irritants.

Exceptions to labeling statements
The WPS allows certain exceptions to three specific pesticide labeling
requirements: personal protective equipment (Chapter 4), restricted-entry
intervals (Chapter 3), and double notification (Chapter 3) (which is the
requirement on some labeling for both oral warnings and posting treated
areas). The Agricultural Use Requirements box on the pesticide product
labeling contains the WPS exceptions.

WPS — How to Comply Manual

17

18

CHAPTER 1

CHAPTER 2

REQUIREMENTS FOR AGRICULTURAL
EMPLOYERS OF WORKERS OR HANDLERS

GENERAL RESPONSIBILITIES OF AGRICULTURAL EMPLOYERS. . 20
RESPONSIBILITIES OF AGRICULTURAL EMPLOYERS TO PROVIDE
INSTRUCTIONS TO SUPERVISORS . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
INFORMATION DISPLAYED AT A CENTRAL LOCATION (CENTRAL
POSTING). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
RECORDKEEPING: PESTICIDE APPLICATION AND HAZARD
INFORMATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
REQUESTS FOR RECORDS OF PESTICIDE APPLICATION AND
HAZARD INFORMATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
EMERGENCY ASSISTANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
DECONTAMINATION SUPPLIES FOR WORKERS & HANDLERS . . . 26
PESTICIDE SAFETY TRAINING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
ESTABLISHMENT-SPECIFIC INFORMATION . . . . . . . . . . . . . . . . . . . . 30
EMPLOYER INFORMATION EXCHANGE. . . . . . . . . . . . . . . . . . . . . . . . 31
RETALIATION AGAINST EMPLOYEES IS PROHIBITED . . . . . . . . . . . 33
EMPLOYER RESPONSIBILITIES FOR WPS VIOLATIONS. . . . . . . . . . 33
The topics covered in this chapter apply to agricultural employers of workers and
handlers. Some WPS protections employers must provide are nearly the same
whether their employees are workers or handlers. Additional responsibilities for
agricultural employers of workers are covered in Chapter 3. Chapter 4 covers
additional responsibilities for employers of handlers. If both workers and handlers
are employed, it will be necessary to read Chapters 2, 3 and 4.
All WPS requirements are effective January 2, 2017 unless
identified for a delayed implementation of January 2, 2018.

19

GENERAL RESPONSIBILITIES OF AGRICULTURAL
EMPLOYERS
The WPS requires agricultural employers to implement many provisions to
protect workers and handlers. The general responsibilities for agricultural
employers are listed below with additional requirements presented further in this
chapter.

CHAPTER 2

Agricultural employers must:
●● Ensure all pesticides are used consistent with the pesticide product label
at all times, including following the WPS requirements when applicable.
170.309(a)

●● Provide each worker and handler the protections required by the WPS.
170.309(b)

The minimum age of
18 years old applies
to all handlers and
early-entry workers
at agricultural
establishments
including research
facilities, universities,
or governmental
entities. The only
exemption from the
minimum age is for
owners of agricultural
establishments and
their immediate family.

●● Verify that each handler, or worker that conducts early-entry tasks, is at least
18 years old. 170.309(c)
●● Ensure that employees do not clean, repair, or adjust pesticide application
equipment without completing WPS handler training. 170.309(g)
●● Do not allow other persons (not employed by the agricultural establishment)
to clean, repair, or adjust pesticide application equipment until they are told:
оо That the equipment may be contaminated with pesticides.
оо The potentially harmful effects of pesticide exposure.
оо How they are to handle the equipment to limit exposure to pesticides.
оо How to wash themselves and/or their clothes to prevent or remove
pesticide residues. 170.309(g)
●● Provide records or other information required by the WPS for inspection to an
employee of EPA or any duly authorized representative of a Federal, State or
Tribal agency responsible for pesticide enforcement. 170.309(m)

RESPONSIBILITIES OF AGRICULTURAL EMPLOYERS TO
PROVIDE INSTRUCTIONS TO SUPERVISORS 170.309(d) & (e)
If an agricultural employer employs supervisors of workers or handlers, or hires
workers or handlers through a labor contractor, the agricultural employer must
provide sufficient instructions to the supervisors and/or labor contractors to
ensure that workers and handlers receive all required WPS protections. The
instructions must specify which tasks the labor contractors and/or supervisors are
responsible for in order to comply with the WPS.

Even if the agricultural
employer assigns a
supervising employee
or labor contractor to
carry out the duties
required by the
WPS, the agricultural
employer is ultimately
responsible for making
sure that all those
duties are performed.

20

The agricultural employer must also require labor contractors and anyone
who supervises any workers or handlers to provide sufficient information and
directions to each worker and handler to ensure that they can comply with the
WPS provisions applicable to their duties and tasks as a worker or handler.
Agricultural employers and their supervisors must clearly understand each
of the responsibilities for complying with the WPS and ensure that they are
implemented.

AGRICULTURAL EMPLOYER REQUIREMENTS

INFORMATION DISPLAYED AT A CENTRAL LOCATION
(CENTRAL POSTING)

The requirement to display information is not applicable to commercial pesticide
handler employers.

What information must be displayed?
170.311(a)&(b)

●● Pesticide safety information can be a poster
developed by EPA, or an equivalent way of
providing the required WPS pesticide safety
concepts (see page 23).

The new pesticide
information that must
be included as of
January 2, 2017 is:
●● Include the crop or
site treated along
with the location
and description of
the treated area.
●●

●● Pesticide application information including:
оо Name of the pesticide applied,
оо Active ingredient(s),
оо EPA registration number,
оо REI,
оо Crop or site treated,
оо Location and description of the treated area(s), and
оо Date(s) and times application started and ended.
●● Hazard information consists of a copy of the OSHA Safety Data Sheet
(SDS) for each pesticide product.

Where must the information be displayed? 170.311(a)(5) and 170.311(b)(2)&(3)
Pesticide safety, application, and hazard information must be displayed at a
central location on an agricultural establishment that is readily accessible at all
times during normal work hours and can be easily seen and read by workers and
handlers. Usually this is a location where employees congregate such as where
they check in or out of work, change clothes, eat, etc.

Include the
time and date
the pesticide
application started
and ended instead
of the “time and
date the pesticide
is to be applied.”

The SDS can be
kept electronically,
however the workers
and handlers must
have a way to have
unrestricted access
to the information at
all times during their
work hours and must
be trained on how to
access it.

In addition, only pesticide safety information must be displayed at:
●● Any permanent decontamination site, and
●● Any location where decontamination supplies are required in quantities for 11
or more workers.

The pesticide
application and hazard
information do not
have to be displayed
at decontamination
sites, only the pesticide
safety information.

WPS — How to Comply Manual

21

CHAPTER 2

Agricultural employers must display certain information, described below,
at a central location whenever any worker or handler they employ is on their
agricultural establishment and, within the past 30 days, a WPS-labeled pesticide
product has been applied or a restricted-entry interval (REI) for such pesticide
has been in effect. 170.309(h)

When must the information be displayed? 170.309(h) & (l) and 170.311(b)(5)

CHAPTER 2

Display pesticide safety information:
IMPORTANT: Workers
are not permitted to
enter any area where
a pesticide has been
applied or an REI has
been in effect until
the required pesticide
application and hazard
information for each
pesticide product
applied to that area is
displayed at the central
location, the REI has
expired, and all treated
area warning signs
have been removed or
covered. 170.309(l)

●● Whenever any worker or handler employee is on the agricultural
establishment, and
●● When, within the past 30 days, a WPS-labeled pesticide product has been
applied or a restricted-entry interval (REI) for such pesticide has been in
effect.
Display pesticide application and hazard information:
●● Within 24 hours after the end of the application if workers or handlers are on
the agricultural establishment.
Continue to display the pesticide application and hazard information when
workers or handlers are on the establishment until:
●● At least 30 days after the REI expires, or
●● At least 30 days after the end of the application, if there is no REI for the
pesticide, or
●● Workers and handlers are no longer on the establishment - if it is less than 30
days after the end of the last applicable REI.

Other employer responsibilities
Employers should
inform workers
and handlers of
any changes to the
emergency medical
facility information.

22

●● Inform workers and handlers where the pesticide safety, application and
hazard information is located. 170.403 & 170.503
●● Allow workers and handlers unrestricted access to the posted information.
170.311(a)(6) & (b)(3)

●● Ensure the pesticide safety information and pesticide application information
remains legible the entire time they are posted. 170.311(a)(7) & (b)(4)
●● Update the emergency medical facility information listed with the poster within
24 hours of obtaining new information. 170.311(a)(4)

AGRICULTURAL EMPLOYER REQUIREMENTS

Pesticide safety information covers specific concepts that reinforce pesticide
safety. These topics must be conveyed in a manner that workers and handlers
can understand. All of these points may be on one poster or any alternate display
format that conveys the required information. 170.311(a)(2) & 170.311(a)(3)
Before January 2, 2018, the existing pesticide safety information does not
change. The content of the safety information may contain either the information
consistent with the EPA pesticide safety poster based on the 1995 WPS or the
information required by the 2015 revised WPS.
After January 2, 2018, the pesticide safety information must include all of the
points listed below:
●● Avoid getting on the skin or into the body any pesticides that may be on
or in plants, soil, irrigation water, tractors, and other equipment, on used
personal protective equipment, or drifting from nearby applications.
●● Wash before eating, drinking, using chewing gum or tobacco, or using the
toilet.
●● Wear work clothing that protects the body from pesticide residues (longsleeved shirts, long pants, shoes and socks, and a hat or scarf).
●● Wash or shower with soap and water, shampoo hair, and put on clean
clothes after work.
●● Wash work clothes separately from other clothes before wearing them
again.
●● If pesticides are spilled or sprayed on the body use decontamination
supplies to wash immediately, or rinse off in the nearest clean water,
including springs, streams, lakes or other sources if more readily available
than decontamination supplies, and as soon as possible, wash or shower
with soap and water, shampoo hair, and change into clean clothes.
●● Follow directions about keeping out of treated areas and application
exclusion zones.
●● Instructions to employees to seek medical attention as soon as possible if
they believe they have been poisoned, injured, or made ill by pesticides.
●● The name, address, and telephone number of a nearby operating medical
care facility capable of providing emergency medical treatment. This
information must be clearly identified as emergency medical contact
information on the display.
●● The name, address, and telephone number of the state or tribal pesticide
regulatory agency.

EPA will develop
updated pesticide
safety posters with
the revised content.
Agricultural employers
may use the EPA
safety posters or
display the information
in an alternate format
that meets the WPS
requirements.

The agricultural
employer must update
the pesticide safety
information display
within 24 hours of
notice of any changes
to the emergency
medical facility
information.

WPS — How to Comply Manual

23

CHAPTER 2

Criteria for pesticide safety information

RECORDKEEPING: PESTICIDE APPLICATION AND
HAZARD INFORMATION
If the pesticide application and hazard information is required to be displayed, the
agricultural employer must keep a record of the pesticide application and hazard
information on the establishment for 2 years from the expiration date of the REI
of the pesticide applied. 170.311(b)(6)
Pesticide records must contain:

CHAPTER 2

●●
●●
●●
●●
●●
●●
●●
●●

Name of the pesticide applied,
Active ingredient,
EPA registration number,
REI,
Crop or site treated,
Location and description of the treated area(s),
Date(s) and times application started and ended, and
Safety Data Sheet of the pesticide applied.

Pesticide records must be maintained for any covered use of a WPSlabeled pesticide for either general-use or restricted-use pesticides (even if
state or tribal laws do not require pesticide recordkeeping).

24

AGRICULTURAL EMPLOYER REQUIREMENTS

REQUESTS FOR RECORDS OF PESTICIDE APPLICATION
AND HAZARD INFORMATION

Workers and handlers may request a copy of, or access to, the pesticide
application information and hazard information if:
●● The person is, or was employed as a worker or handler by the establishment
during the period when the information was to be displayed and maintained,
and
●● The request is made orally or in writing.
Treating medical personnel or a person acting under their supervision, may
request access to, or a copy of pesticide application and hazard information
for the diagnosis or treatment of a worker or handler who was employed on the
agricultural establishment during the period that the information was required to
be displayed. This request can be made orally or in writing. The information must
be provided promptly after receiving the request. 170.311(b)(8)

There is a separate
WPS provision that
requires the agricultural
employer to provide
certain information
to treating medical
personnel if a worker
or handler has been
exposed to a pesticide
on the agricultural
establishment and
needs emergency
medical treatment.
See the section on
Emergency Assistance
for more details.

A designated representative may request access to, or a copy of pesticide
application and/or hazard information for a worker or handler. The request must
be made in writing and contain the following information:
●● The name of the worker or handler being represented.
●● A description of the specific information being requested including:
оо Dates of employment of the worker or handler,
оо The date(s) for which the records are requested,
оо Type of work conducted by the worker or handler during the period for
which the records are requested, and
оо The specific application and hazard information requested.
●● A written statement clearly designating the representative to obtain this
information on the worker’s or handler’s behalf, with the worker’s or handler’s
printed name and signature, the date of the designation, and the printed
name and contact information for the designated representative.
●● Where to send the information, if the information is to be sent.
Upon receiving a written request from a designated representative, complete with
all of the required information, the agricultural employer must provide a copy of,
or access to the requested information within 15 days. 170.311(b)(9)
If a record has been previously provided without cost to a worker or handler or
their designated representative, a reasonable fee may be charged for duplicate
records but the fee may not include any non-discriminatory costs (no overhead
charges). 170.311(b)(9)

WPS — How to Comply Manual

25

CHAPTER 2

The pesticide application and hazard information that must be provided is limited
to the 2-year record retention requirement. Information must be provided within
15 days of the request. 170.311(b)(7)

EMERGENCY ASSISTANCE 170.309(f)

CHAPTER 2

The agricultural employer must provide
transportation and emergency information
promptly for their workers after learning of the
possible poisoning or injury if:
Employers can “make
transportation available”
by:
●● Taking the
employee to the
medical care
facility, or
●●

●●

Calling an
emergency
vehicle, such as an
ambulance, or
Making sure the
employee has a
ride to the medical
care facility with
someone else.

●● There is reason to believe that a worker
or handler experienced a potential pesticide exposure during his or her
employment on their employer’s agricultural establishment, or
●● They show symptoms similar to those associated with acute exposure to
pesticides during or within 72 hours after his or her employment on the
agricultural establishment, and needs emergency medical treatment.
Provide emergency transportation 170.309(f)(1)
Make emergency transportation available to take that person from the agricultural
establishment (including any worker housing area on the establishment) to a
medical care facility capable of providing emergency medical treatment to a
person exposed to pesticides.
Provide emergency information 170.309(f)(2)
Provide all of the following information to the treating medical personnel:
●● Copies of the applicable SDS, the pesticide product name, EPA registration
number and active ingredient(s) for each pesticide product to which the
person may have been exposed.
●● Type of application or how the pesticide was used on the agricultural
establishment.
●● The circumstances that could have resulted in exposure to the pesticide.

DECONTAMINATION SUPPLIES FOR WORKERS &
HANDLERS
To prevent, or mitigate pesticide exposures, the
agricultural employer is required to provide supplies
to each worker or handler (including early-entry
workers) for routine washing to remove pesticide
residues, emergency decontamination, and
immediate eye flushing in certain situations. What
supplies must be provided, when, where, and for
how long are covered in Chapter 3 for workers and
Chapter 4 for handlers.

26

AGRICULTURAL EMPLOYER REQUIREMENTS

All workers and handlers employed by an
agricultural employer must receive annual WPS
training as a worker or as a handler (except as
provided for in the exemptions or exceptions).
Employees must receive WPS training before
they perform any worker or handler task on the
establishment. Presented below are the training requirements for both workers
and handlers. Additional information on worker training is in Chapter 3 and on
handler training in Chapter 4.
The following are key requirements for training workers and handlers:
●● There is no grace period for WPS training! The agricultural employer must
ensure that WPS training is completed within the last 12 months before:
оо Any worker enters a treated area on an agricultural establishment where,
within the last 30 days, a WPS-labeled pesticide product has been used
or a REI for such pesticide has been in effect.
оо Any handler conducts any handling task.
●● Workers and handlers are exempt from WPS training if they are currently:
оо Certified as an applicator of restricted-use pesticides.
оо Certified as a crop advisor by a program acknowledged as appropriate
in writing by EPA, or a State or Tribal agency responsible for pesticide
enforcement. 170.401(b)
●● Additionally, a worker is exempt from WPS worker training if they have been
trained as a WPS handler within the last 12 months.
●● Only qualified trainers may provide WPS training.
●● Train workers and handlers annually.
●● Provide training in a manner that the workers or handlers can understand,
using a translator if necessary.
●● Present training using EPA-approved materials either orally from written
materials or audio-visually.
●● Keep records of worker or handler training for 2 years.
●● Make training records available to employees upon request.
●● All training requirements are effective January 2, 2017 EXCEPT the
expanded training content which is effective January 2, 2018.

Owners of agricultural
establishments and
their immediate families
and certified crop
advisors are exempt
from WPS training
requirements. See
Chapter 6: Exemptions
and Exceptions.

Valid currently certified
applicators and certified
crop advisors are
exempt from WPS
worker and handler
training. Any worker
who has been trained
as a handler does not
need to receive worker
training.

EPA does NOT supply
or issue WPS training
verification cards.

WPS — How to Comply Manual

27

CHAPTER 2

PESTICIDE SAFETY TRAINING

What topics must the training cover?

CHAPTER 2

Worker and handler training content effective January 2, 2018 is itemized on
page 23. Until January 2, 2018, WPS safety training content remains the same
as in the 1995 rule although all training materials used after January 2, 2017
must be approved by EPA.
The designated
representative (DR)
CANNOT request
a copy of a training
record on behalf of a
worker/handler. The
DR only has the right to
access the application
info and the SDS.

An attendance roster of
the WPS training with
all of the training record
information meets
the recordkeeping
requirement.

If a worker or handler
was trained at another
establishment, you
may get a copy of the
training record and
keep as your record of
training. If no record
is provided, you must
provide WPS training
and maintain the
training record.

28

The expanded content of training topics is the only requirement of worker and
handler training that has a delayed implementation date of January 2, 2018 (or
no more than 6 months after EPA has published the availability of the training
materials but not before January 2, 2018). Both workers and handlers will have
to be trained on the same 23 topics with handlers requiring an additional 13
topics (total of 36 topics). Refer to Training Criteria for Workers and Handlers in
Appendix B for information on specific training topics.

How often must workers and handlers be trained?
Once every 12 months (annually), counting from the end of the month in which
the previous training was completed. 170.401(a) & 170.501(a)

Training records 170.401(d) & 170.501(d)
Training records for each worker and handler must be kept on the establishment
for 2 years from the date of training. The training record must include:
●●
●●
●●
●●
●●
●●

The worker’s or handler’s printed name and signature,
The date of training,
Trainer’s name,
Evidence of the trainer’s qualification to train,
Employer’s name, and
Information to identify which EPA-approved training materials were used for
the training (i.e., the EPA document number or EPA approval number for the
materials).

WPS trainers are not required to provide each person trained with a copy of the
training record. However, they must provide the record if the trained employee
requests it. Individual training record forms or other methods of maintaining
the required training information may be developed and used to meet this
requirement.

AGRICULTURAL EMPLOYER REQUIREMENTS

Who qualifies to be a WPS trainer? 170.401(c)(4) & 170.501(c)(4)
●● Currently be a certified applicator of restricted-use pesticides (in any category
of certification), or
●● Currently be designated as a trainer of certified pesticide applicators,
handlers or workers by the EPA or the state, or tribal agency having
jurisdiction, or
●● Have completed an EPA-approved pesticide safety train-the-trainer program
for trainers of workers.
The person who conducts handler training must:
●● Currently be a certified applicator of restricted-use pesticides (in any category
of certification), or
●● Currently be designated as a trainer of certified pesticide applicators or
handlers by a state, federal, or tribal agency having jurisdiction, or
●● Have completed an EPA-approved pesticide safety train-the-trainer program
for trainers of handlers.

How is training to be conducted? 170.401(c)(1) & 170.501(c)(1)
Trainers of workers or handlers must:
●● Use EPA-approved training materials,
●● Present the training orally from written materials or audio visually,
●● Present the information in a manner that the trainees can understand, using a
translator if necessary,
●● Be present at all times during the training to respond to trainees’ questions,
and
●● Ensure training quality by providing an environment conducive to training that
is reasonably free of distractions.

WPS trained handlers
may NOT train workers
unless they meet one
of the qualifications
for conducting worker
training.

WPS training materials
produced by EPA will
bear the official EPA
logo and have an EPA
publication number.
WPS training materials
developed by others
and approved by
EPA will bear an EPA
approval number and
an EPA statement of
approval for use for
WPS training.

Anyone who trains
workers must use
non-technical terms.
Example: Instead of
referring to a symptom
of heat exhaustion as
hyperthermia, say that
the body is getting too
hot and you could get
very sick and maybe
die if action is not taken
immediately.

WPS — How to Comply Manual

29

CHAPTER 2

The person who conducts worker training must:

ESTABLISHMENT-SPECIFIC INFORMATION 170.403 and 170.503(b)

CHAPTER 2

Workers and handlers
must receive
establishment-specific
information in addition
to general pesticide
safety training.

If a worker/handler is
WPS trained at farm A
and later in the summer
starts to work for farm
B (and the agricultural
employer of farm B
obtains the worker’s/
handler’s training
records), the farm B
agricultural employer
only needs to provide
the worker/handler
with the establishmentspecific information
which requires no
recordkeeping.

30

The agricultural employer must provide information specific to their agricultural
establishment to workers and handlers when they first enter the establishment
and before beginning WPS tasks in areas where, within the last 30 days, a
WPS-labeled pesticide product has been applied or a REI for such pesticide has
been in effect.
The agricultural employer must inform workers and handlers, in a manner they
understand, about the location of the following on the establishment:
●● Pesticide safety information,
●● Pesticide application and hazard information, and
●● Decontamination supplies.
Establishment-specific information must be provided even if the worker or
handler has already received the annual pesticide safety training on another
agricultural establishment and verification of such training is provided to
the agricultural employer. Recordkeeping is NOT required for providing this
information.
Providing establishment-specific information is not a requirement for commercial
pesticide handler employers.

AGRICULTURAL EMPLOYER REQUIREMENTS

EMPLOYER INFORMATION EXCHANGE

This exchange of
information can be
accomplished through
electronic media,
telephone or other
means.

Whenever a handler, including crop advisors,
of a commercial pesticide handler employer
(CPHE) conducts pesticide handling tasks on
an agricultural establishment, the agricultural
employer must provide the CPHE with specific
information about treated areas on the
establishment they will be working on.

CHAPTER 2

Conversely, the CPHE (employer of the for-hire/custom applicators or crop
advisors) must provide the agricultural employer, as their customer and the
operator of the agricultural establishment, with certain information about a
pesticide product before applying it on the establishment.

Information provided to the commercial pesticide handler employer
(CPHE) from an agricultural employer 170.309(k)
The operator of an agricultural establishment must inform the hired CPHE of the
following:
●● The specific location and description of any treated areas on the agricultural
establishment under a REI that the handler may be in (or walk within 1/4 mile
of), and
●● Any restrictions on entering those areas.
The CPHE must inform their handler of the information provided by the
agricultural employer. 170.313(h)

Information provided to an agricultural employer from a commercial
pesticide handler employer (CPHE) 170.313(i) & (j)
To allow an agricultural employer to inform workers on the establishment about
a pesticide application that is, or will be performed, the CPHE must inform the
agricultural employer of the following:
●● Specific location and description of the area(s) on the agricultural
establishment that are to be treated with a pesticide,
●● Date and start and estimated end times of the application,
●● Pesticide product name, EPA registration number, and active ingredient(s),
●● REI for the pesticide product,
●● Whether the pesticide product labeling requires posting, oral notification or
both, and
●● Any other specific requirements on the pesticide product labeling concerning
protection of workers and other persons during or after application.

WPS — How to Comply Manual

31

CHAPTER 2

It is important for
agricultural employers
to make arrangements
with the CPHE on
how they will receive
the required pesticide
application information
so they can take the
necessary steps to
protect workers and
other persons on the
establishment during
pesticide applications,
provide notification of
pesticide applications
to workers, and provide
the application and
hazard information at
the central display site.

32

What if the information changes?
The agricultural employer must be provided with updated information PRIOR to
the application when there are any changes to:
●●
●●
●●
●●
●●

The location to be treated,
REI,
Method of notification,
Labeling requirements to protect workers/other persons, or
The start time if it will be earlier than estimated.

If the pesticide product information changes or there are other changes to the
date, start and end time, the CPHE must provide the updated information to the
agricultural employer within 2 hours after completing the application.
Changes to the estimated application end time of less than one hour do not
need to be reported to the agricultural employer.

AGRICULTURAL EMPLOYER REQUIREMENTS

RETALIATION AGAINST EMPLOYEES IS PROHIBITED
The agricultural employer, their supervisors or others cannot intimidate,
threaten, coerce, discriminate against, prevent, discourage, or fire any worker or
handler from complying or attempting to comply with the WPS. Additionally, the
agricultural employer cannot retaliate in any manner if any worker or handler:

CHAPTER 2

●● Refuses to participate in any activity that the worker or handler reasonably
believes to be in violation of the WPS,
●● Has, or is about to report WPS noncompliance to appropriate authorities for
enforcement of WPS provisions, or
●● Agrees to provide information to the EPA or any duly authorized
representative of a Federal, State or Tribal government about WPS
compliance, or assists or participates in any manner in an investigation,
proceeding, or hearing concerning WPS compliance.

Retaliation is a serious violation of federal law (170.315)
For example: If the employer or supervisor refuses to provide PPE or tells
an early-entry worker to enter a treated field during the REI without providing
specific information and PPE, and the employee files a complaint to authorities,
the employer may not fire or threaten that person in any manner or allow any acts
of retaliation by any employee.

EMPLOYER RESPONSIBILITIES FOR WPS VIOLATIONS
Penalties for noncompliance 170.317
Agricultural employers of workers and handlers can be subject to civil and
criminal penalties if they do not comply with the federal WPS including all
revisions to this rule. Failure to comply is a pesticide misuse violation since the
WPS is referenced on applicable pesticide product labeling. Failure to comply
with distinct requirements of the WPS can result in independently assessable
charges, even if the violative acts occurred during one pesticide application. See
Chapter 7: Compliance with the Worker Protection Standard.

Employer responsibilities for supervisors or labor contractors
assigned to carry out WPS requirements
The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) includes
provisions that hold owners and agricultural employers liable for a WPS penalty if
another person employed by or acting for them including labor contractors, farm
managers and/or other supervisors, fails to comply with any WPS requirements.
The term “acting for” includes both employment and contractual relationships.

WPS — How to Comply Manual

33

34

CHAPTER 2

CHAPTER 3

ADDITIONAL WORKER EMPLOYER
REQUIREMENTS
TRAINING AGRICULTURAL WORKERS . . . . . . . . . . . . . . . . . . . . . . . . 36
AGRICULTURAL EMPLOYER REQUIREMENTS DURING PESTICIDE
APPLICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
AGRICULTURAL EMPLOYER REQUIREMENTS AFTER PESTICIDE
APPLICATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
NOTIFICATION OF ENTRY RESTRICTIONS . . . . . . . . . . . . . . . . . . . . . 42
DECONTAMINATION SUPPLIES FOR WORKERS . . . . . . . . . . . . . . . . 48
EARLY-ENTRY WORKERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Exceptions for Early Entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
PPE for Early-entry Workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Decontamination Supplies for Early-entry Workers. . . . . . . . . . . . 54
Summary of Early-entry Requirements. . . . . . . . . . . . . . . . . . . . . . 55
All WPS requirements are effective January 2, 2017 unless
identified for a delayed implementation of January 2, 2018.
Chapter 2: Requirements for Agricultural Employers of Workers or Handlers
presented the WPS protections agricultural employers must provide to workers
and handlers. This chapter describes the additional protections that agricultural
employers are required to provide to their workers.

35

TRAINING AGRICULTURAL WORKERS
Owners of agricultural establishments and their
immediate families are exempt from worker
training requirements of the WPS. See Chapter
6: Exemptions and Exceptions. In addition,
certified crop advisors (acknowledged as
appropriate in writing by the EPA, or a State
or Tribal agency responsible for pesticide
enforcement) and currently certified applicators
are exempt from worker and handler training.
Any worker who is trained as a handler does
not need to receive worker training.

Review key requirements of worker training 170.401

CHAPTER 3

The annual training requirements for workers and handlers are presented in
Chapter 2: Requirements for Agricultural Employers of Workers or Handlers. The
following is a review of the key requirements of WPS training for workers:
●● There is no grace period for WPS training! Before any worker enters a
treated area on an agricultural establishment where, within the last 30 days,
a WPS-labeled pesticide product has been used or a REI for such pesticide
has been in effect, the agricultural employer must ensure that each worker
has completed WPS training within the last 12 months, unless the worker is
currently:
оо Certified as an applicator of restricted-use pesticides,
оо Trained as a WPS handler within the last 12 months, or
оо Certified as a crop advisor by a program acknowledged as appropriate
in writing by EPA, or a State or Tribal agency responsible for pesticide
enforcement. 170.401(b)
●● Train workers every 12 months. 170.401(a)
●● Only qualified trainers (described in Chapter 2) may provide training and
must be present during the entire training program to respond to questions.
170.401(c)(1) & (4)

●● Provide training in a language or manner the workers can understand, such
as using a translator.170.401(c)(1)
●● Present training using EPA-approved materials either orally from written
materials or audio-visually. 170.401(c)(1)
●● Keep training records for 2 years. 170.401(d)(1)
●● Provide training records to worker employees upon request. 170.401(d)(2)
●● All training requirements are effective January 2, 2017 EXCEPT the
expanded training content, which is effective six months after EPA announces
the availability of training materials, but not earlier than January 2, 2018.
170.401(c)(3)

36

ADDITIONAL WORKER EMPLOYER REQUIREMENTS

The WPS includes several provisions to prevent
workers, unprotected handlers and other persons
from pesticide exposure during applications. Some of
these requirements are for agricultural employers and
are described in the following sections of this chapter.
Chapter 4: Additional Handler Employer Requirements
covers other requirements specifically for handler employers and/or handlers.

Entry restrictions for outdoor production - application exclusion
zone (AEZ)
The “Application Exclusion Zone” or AEZ is a zone or area surrounding pesticide
application equipment that exists only during outdoor production pesticide
applications. When applications of WPS-labeled pesticide products are in
progress on their establishments, agricultural employers must not allow or direct
any worker or other person, to enter or to remain in the treated area or the AEZ
that is within the boundaries of the establishment. 170.405(a)(2)
After the application is complete, the AEZ no longer exists and the treated area is
subject to the REI specified on the pesticide product labeling and to the relevant
WPS restrictions after applications. 170.405(a)(2) & (3)
The requirement for the agricultural employer to keep persons out of the AEZ
only applies within the boundaries of the establishment because the agricultural
employer cannot be expected to control persons off the establishment. There
is a WPS provision to suspend applications (discussed in Chapter 4: Additional
Handler Employer Requirements) that does apply beyond the boundaries of the
establishment because the handler (applicator) and handler employer do have
control over the pesticide application.
Remember: If the pesticide product labeling contains
specific instructions or requirements that conflict with the
requirements of the Worker Protection Standard, follow the
instructions or requirements on the labeling.

No one other than
an appropriately
trained and equipped
handler involved in
the application may
be in the AEZ during
an application of
WPS-labeled pesticide
products.

Basically, the
AEZ requires that
agricultural employers
keep workers and other
persons a specified
distance away from the
pesticide application
equipment when
pesticide applications
are taking place.

Effective January 2,
2017:
●● The agricultural
employer must
not allow any
workers or other
persons in the
AEZ that is within
the boundaries
of the agricultural
establishment
when the
application is
occurring.
Effective January 2,
2018:
●● Handlers must
suspend pesticide
applications if any
person enters or is
in the AEZ.

WPS — How to Comply Manual

37

CHAPTER 3

AGRICULTURAL EMPLOYER
REQUIREMENTS DURING PESTICIDE
APPLICATIONS 170.405

Measure the AEZ
starting from each
dispersion point or
nozzle on the pesticide
application equipment
and extend horizontally
in all directions.

Measuring the application exclusion
zone (AEZ)
Measure the AEZ from the application
equipment horizontally in all directions. The
AEZ moves with the application equipment
like a halo around the application
equipment. Once the application is over,
the AEZ does not exist.

Size of the application exclusion zone (AEZ)
The size of the AEZ is determined by the application method and spray quality.

CHAPTER 3

Spray quality (defined by the American Society of Agricultural and Biological
Engineers Standard S-572.1) considers several factors including the nozzle
design, system pressure, and speed of the application equipment. The eight
spray quality categories (referenced in nozzle charts) include:
●● Smaller than medium:
оо Extra fine (XF)
оо Very fine (VF)
оо Fine (F)
●● Medium or larger:
оо Medium (M)
оо Coarse (C)
оо Very coarse (VC)
оо Extra coarse (XC)
оо Ultra coarse (UC)
The AEZ must be a minimum of 100 feet when the pesticide is applied:

Situations where no
AEZ is required include
applications of granular
pesticides, soilincorporated pesticides
(not fumigants);
pre-plant, at-plant, and
spot-spray pesticide
applications as long as
they are less than 12
inches from the soil and
use a medium or larger
spray quality.

38

●● By air (fixed wing or helicopter),
●● By air blast,
●● As a spray using a spray quality smaller than medium (i.e., fine, very fine or
extra fine), or
●● As a fumigant, smoke, mist, or fog.
The AEZ must be a minimum of 25 feet when the pesticide is:
●● NOT applied in a manner that would require a 100 foot AEZ, and
●● Sprayed from a height of greater than 12 inches from the planting medium
(soil) using a spray quality of medium or larger (i.e., medium, coarse, very
coarse, extra coarse and ultra-coarse).
No AEZ is required when the pesticide is applied in a manner other than those
covered above (i.e., less than 12 inches from the soil with medium or larger spray
quality).

ADDITIONAL WORKER EMPLOYER REQUIREMENTS

Entry restrictions - enclosed space production
Enclosed space production pesticide applications also have precautions and
restrictions during applications of WPS-labeled pesticide products.
During pesticide applications in enclosed space production areas, the agricultural
employer must not allow or direct any worker or other person, other than an
appropriately trained and equipped handler involved in the application, to enter or
to remain in specific areas for specified times and/or conditions. 170.405(b)(1)

CHAPTER 3

The following table (Table 1. Entry Restrictions During Enclosed Space
Production Pesticide Applications) identifies the entry restrictions when applying
pesticides for enclosed space production to ensure workers and other persons
are not exposed to the pesticide(s) being applied. The restrictions depend on the
types of pesticides or application methods used.

WPS — How to Comply Manual

39

Table 1. Entry Restrictions During Enclosed Space Production Pesticide
Applications (ventilation criteria)
A. When a pesticide is
applied:

(1) As a fumigant.

(2) As a smoke, mist, or
fog, or as a spray using
a spray quality of smaller
than medium.

B. Workers and
other persons, other
than appropriately
trained and equipped
handlers, are
prohibited in:
Entire enclosed space
plus any adjacent
structure or area that
cannot be sealed off
from the treated area.

Entire enclosed space.

CHAPTER 3

Entire enclosed space.
(3) Not as in (1) or (2),
and for which a respirator
is required for application
by the pesticide product
labeling.

(4) Not as in (1), (2) or
(3), and:

●● from a height of
greater than 12
inches from the
planting medium, or
●● as a spray using
a spray quality of
medium or larger.

(5) Otherwise.

C. Until:

D. After the
expiration of time
specified in column
C, the area subject
to the restrictedentry interval is:

*The
ventilation
criteria are
met.

No post-application
entry restrictions
required after criteria
in column C are met.

*The
ventilation
criteria are
met.

Entire enclosed
space.

*The
ventilation
criteria are
met.

Treated area.

Treated area plus 25
feet in all directions
of the treated area,
but not outside the
enclosed space.

Application Treated area.
is complete.

Treated area.

Application Treated area.
is complete.

* When column C of the Table specifies that ventilation criteria must be met,
ventilation must continue until the air concentration is measured to be equal to or
less than the inhalation exposure level required by the labeling. If no inhalation
exposure level is listed on the labeling, ventilation is complete when one of the
following conditions is met:
Measuring air
exchanges requires
specific equipment. If
you do not have that
equipment, rely on
other options based
on time, mechanical
ventilation (such as
fans) and/or passive
ventilation.

40

i. Ten air exchanges are completed.
ii. Two hours of ventilation using fans or other mechanical ventilating
systems.
iii. Four hours of ventilation using vents, windows, or other passive
ventilation.
iv. Eleven hours with no ventilation followed by one hour of mechanical
ventilation.
v. Eleven hours with no ventilation followed by two hours of passive
ventilation.
vi. Twenty-four hours with no ventilation.

ADDITIONAL WORKER EMPLOYER REQUIREMENTS

After any WPS pesticide application is made on an
agricultural establishment, the agricultural employer
must not allow or direct any worker to enter or to remain
in the treated area during the REI specified on the
pesticide product labeling.
When two or more pesticides are applied to a treated area at the same time, the
enforceable REI is the longest of all applicable REIs.

Worker entry restrictions after pesticide application is complete –
outdoor production
When an application of a WPS-labeled pesticide product to an area of outdoor
production is complete, the agricultural employer must keep any worker out of
the treated area:
●● Until the REI specified on the pesticide product labeling has expired,
●● All treated area warning signs have been removed or covered, and
●● The applicable pesticide application information and safety data sheet is
displayed at the central location.

Worker entry restrictions after pesticide application is complete –
enclosed space production 170.407(b)
After the application of a WPS-labeled pesticide prodcut to an area of enclosed
space production, the agricultural employer must keep any worker out of the
area specified in column D of Table 1. Entry Restrictions During Enclosed Space
Production Pesticide Applications until:
●● The REI specified on the pesticide product labeling has expired,
●● All treated area warning signs have been removed or covered, and
●● The pesticide application information and safety data sheet is displayed at the
central location.

The agricultural
employer’s
responsibilities with
respect to the REI
are limited to keeping
workers – but not
other persons – out
of the treated area.
However, there may
be other factors – such
as liability or state/
local restrictions – for
agricultural employers
to want to keep “other
persons” out of treated
areas during the REI.

Do not allow any
workers to enter a
treated area until:
●● The REI has
expired,
●●

All no-entry
warning signs that
have been posted
are removed or
covered, and

●●

The application
information and
hazard information
is posted.

WPS — How to Comply Manual

41

CHAPTER 3

AGRICULTURAL EMPLOYER
REQUIREMENTS AFTER PESTICIDE
APPLICATIONS 170.407 &170.309(l)

NOTIFICATION OF ENTRY RESTRICTIONS 170.409
To inform workers of where pesticide applications have taken place on an
agricultural establishment and of the entry restrictions for each situation, the
agricultural employer must notify workers of restrictions to keep workers out of
a treated area for a specified period of time. There are different ways to notify
workers (oral, posting, and double notification) and different situations when to
use one method or another.

When is worker notification of entry restrictions required?

CHAPTER 3

Double notification
can apply to outdoor
production and
enclosed space
production areas.

Double notification 170.409(a)(1)(i)
Some pesticide products have a labeling statement that requires both the posting
of warning signs to treated areas AND oral notification to workers. This is known
as double notification. The agricultural employer must notify workers BOTH orally
and by posting when labeling requires double notification. Any pesticide product
labeling that requires double notification must be followed as it is more stringent
than the WPS notification requirements.
Post warning signs:
Outdoor production areas – with REIs greater than 48 hours 170.409(a)(1)(ii)
If a pesticide is applied to an outdoor production area and the product labeling
requires a REI greater than 48 hours, then workers must be notified of the
application by posting warning signs.
Enclosed space production areas – REIs greater than 4 hours 170.409(a)(1)(iv)
If a pesticide is applied to an enclosed space production area and the product
labeling requires a REI greater than 4 hours, then workers must be notified of the
application by posting warning signs.
Post warning signs or give oral warning to workers:
Outdoor production areas – with REIs equal to or less than 48 hours
170.409(a)(1)(iii)

If a pesticide is applied to an outdoor production area and the product labeling
requires a REI equal to or less than 48 hours, then workers must be notified of
the application by either posting warning signs or giving them an oral warning.

42

ADDITIONAL WORKER EMPLOYER REQUIREMENTS
Enclosed space production areas – REIs equal to or less than 4 hours
170.409(a)(1)(v)

If a pesticide is applied to an enclosed space production area and the product
labeling requires a REI equal to or less than 4 hours, then workers must be
notified of the application by either posting warning signs or giving them an oral
warning.
Below is a summary of the posting and notification requirements for pesticide
products with labeling that do not require double notification.
Table 2. Posting and Notification Requirements for Pesticide Products
without Double Notification

Outdoor
Outdoor
Enclosed Space
Enclosed Space

Restricted-Entry
Interval (REI)
>48 hours
≤48 hours
>4 hours
≤4 hours

Post Warning Sign Post Warning Sign
or Oral Notification
X
X
X
X

CHAPTER 3

Treated Site

When is worker notification of entry restrictions not required? 170.409(a)(2)
Notification of a worker is not required (oral or posted warning signs) if the
agricultural employer can ensure to meet one of the following:
●● For Enclosed Space Production: The worker will not enter any part of
the entire enclosed structure or space from the beginning of the application
until the end of any REI.
●● For Outdoor Production: The worker will not enter, work in, remain in,
or pass on foot through the treated area or any area within 1/4 mile of
the treated area on the agricultural employer’s establishment, from the
beginning of the application until the end of any REI.
●● For Enclosed Space Production or Outdoor Production: The worker
was involved in the application of the pesticide as a handler, and is fully
aware of the location of the treated area, timing of the entry restrictions and
restrictions on entering that area.

Oral notification 170.409(c)
Oral notification of the entry restrictions of a pesticide application provided to
workers on an agricultural establishment must be in a language or manner that
the workers can understand.
The oral warning must be given to the worker:
●● Before the application begins if a worker will be on the agricultural
establishment at the time of the application.
●● At the beginning of the worker’s work period if a worker arrives while an
application is taking place or a REI for a pesticide application is in effect.

WPS — How to Comply Manual

43

The oral warning must include:
●● The location(s) and description of any treated area(s) subject to the entry
restrictions either during or after the application,
●● The dates and times when entry is restricted, and
●● Instructions not to enter the treated area or an AEZ during an application
and that entry to the treated area is not allowed until the REI has ended and
all posted warning signs are removed or covered. Early-entry workers are
allowed to enter a treated site under a REI only under specific conditions (see
page 49).

Posted warning signs 170.409(b)(1)
Posted warning signs advising workers of entry restrictions into treated areas
must meet all of the criteria regarding the content, size, timing and location of
posted warning signs.

CHAPTER 3

●● Worker entry into treated areas is not allowed while the signs are posted –
even if the REI has expired - unless under special “early-entry” provisions
(see page 49).
●● If there are several contiguous areas that are treated with pesticides on a
rotating or sequential basis, the entire area may be posted. However, workers
are prohibited from the entire posted area except for those that meet the
criteria and conditions as early-entry workers.

When is the warning sign to be posted or taken down? 170.409(b)(1)

All posted signs must
remain visible and
legible during the time
they are required to be
posted.

44

●● Post warning signs prior to but no earlier than 24 hours before the scheduled
application of the pesticide.
●● Warning signs are to remain posted throughout the application and any REI.
●● Remove or cover warning signs within three days after the end of the REI (or
end of the application if there is no REI). Signs may remain posted only if the
posted area is treated as if it were under a REI by:
оо Instructing any workers on the agricultural establishment that may come
within 1/4 mile of the treated area not to enter the treated area, and
оо Ensuring workers do not enter the treated area, other than permitted
early-entry activities.

ADDITIONAL WORKER EMPLOYER REQUIREMENTS

The warning sign must have:
●● A white background,
●● The words “DANGER” and “PELIGRO”,
“PESTICIDES” and “PESTICIDAS” at the top of the
sign,
●● The words “KEEP OUT” and “NO ENTRE” at the
bottom of the sign,
●● All letters clearly legible, and
●● A circle containing an upraised hand on the left and a stern face on the right
must be near the center of the sign. The inside of the circle must be red with
the hand and a large portion of the face must be in white. The length of the
hand must be at least twice the height of the smallest letters. The length of
the face must be only slightly smaller than the hand.

What size should the sign be? 170.409(b)(3)
The standard sign must be at least 14 inches by 16 inches with letters one inch
high.
The WPS allows smaller warning signs to be used to provide flexibility in
situations where a smaller sign is more appropriate or practical, such as where
the treated area is too small to accommodate the larger sign. Smaller warning
signs may be used as long as the following conditions are met:

Additional information
such as the name of
the pesticide and the
date of application
may be added to the
warning sign if it does
not detract from the
size and appearance or
change the meaning of
the information.

The words on the
warning sign in Spanish
may be replaced with
equivalent terms in
a different language
(non-English) if that
language is read by the
largest group of workers
at your agricultural
establishment who do
not read English. No
other changes may be
made to the format of
the sign.

If the warning sign has 7/8 inch high letters for “DANGER” and “PELIGRO,” then
the sign must have:
●● All remaining letters at least 1/2 inch high, and
●● A red circle that is at least 3 inches in diameter with the upraised hand and
stern face.
If the warning sign has 7/16 inch high letters for “DANGER” and “PELIGRO,” then
the sign must have:
●● All remaining letters at least 1/4 inch high, and
●● A red circle that is at least 1 1/2 inches in diameter with the upraised hand
and stern face.
Signs any smaller are not allowed under any circumstances.

WPS — How to Comply Manual

45

CHAPTER 3

What must be on the warning sign? 170.409(b)(2)

Table 3. Warning Sign Requirements
The revised WPS
did not change the
specifications for the
warning sign.

Overall size
of sign

Minimum Height in Inches
Lettering
Lettering
Size of Red Circle
for Words
for Other
Hand
Graphic
“DANGER” &
Words
“PELIGRO”

Posting
Locations

CHAPTER 3

Visible from
points of entry,
including
access roads,
14” x 16”
2”
>3”
1”
1”
border of
worker housing
within 100 feet,
footpaths
Same as
standard sign
7” x 8”
1”
3”
7/8”
½”
and every 50
(approx.)*
feet around
perimeter
Same as
standard sign
4 1/2” x 5”
½”
1 ½”
7/16”
¼”
and every 25
(approx.)*
feet around
perimeter
*The overall sizes of the smaller signs are not actually specified in the WPS.
These are the approximate sizes of signs needed to accommodate the smaller
sizes of the letters and red circle graphic that are specified.
Worker housing area
is defined as any place
or area of land on or
near an agricultural
establishment where
housing or space for
housing is provided for
workers or handlers
by an agricultural
employer, owner, labor
contractor, or any other
person responsible
for the recruitment
or employment of
agricultural workers.

46

Where to post warning signs 170.409(b)(3)(ii) & (iii)
Standard sign in outdoor production areas
When using the standard sign (14” x 16”), post the signs so they are visible from
all reasonably expected points of worker entry to the treated area. This includes
at least each access road, each border with any worker housing area within 100
feet of the treated area, and each footpath and other walking routes that enter
the treated area. Where there are no reasonably expected points of worker entry,
signs must be posted in the corners of the treated area or in any other location
that gives maximum visibility.

ADDITIONAL WORKER EMPLOYER REQUIREMENTS
Standard sign in enclosed space production areas
When using the standard sign (14” x 16”) and the entire structure or space is
subject to a REI or WPS ventilation criteria, post the signs so they are visible
from all reasonably expected points of worker entry to the structure or space. If
the treated area is a subsection of the structure or space, post the signs so they
are visible from all reasonably expected points of worker entry to treated area
including each aisle or other walking route that enters the treated area. Where
there are no reasonably expected points of worker entry, signs must be posted
in the corners of the treated area or in any other location that gives maximum
visibility.
Smaller signs in outdoor and enclosed space production areas
When using smaller signs, post signs in the locations required for the standard
sign and:

WPS — How to Comply Manual

CHAPTER 3

●● No farther than 50 feet apart around the perimeter of the treated area if the
letters for DANGER and PELIGRO are at least 7/8 inch in height, or
●● No farther than 25 feet apart around the perimeter of the treated area if the
letters for DANGER and PELIGRO are at least 7/16 inch in height.

47

DECONTAMINATION SUPPLIES FOR WORKERS
Agricultural employers of workers must make
sure that decontamination supplies are provided
to workers who are working in a pesticide-treated
area where, within the last 30 days, a WPS-labeled
pesticide product has been used or a REI for such
pesticide has been in effect, and are doing tasks
that involve contact with anything that has been
treated with the pesticide, including soil, water, or
plants. 170.411(a)

When must decontamination supplies be provided for workers?

CHAPTER 3

●● If the REI is greater than 4 hours, provide the decontamination supplies until
30 days after the end of the REI.
●● If the REI is less than or equal to 4 hours, provide the decontamination
supplies until 7 days after the REI expires.

What supplies must be provided to workers?
●● Water — The agricultural employer must provide at least 1 gallon of water for
each worker at the beginning of the work period. The water must be a quality
and temperature that will not cause injury or illness if it contacts skin or eyes,
or is swallowed. If a water source is used for mixing pesticides, it cannot be
used for decontamination without taking additional precautions to prevent
contamination of the water by pesticides (e.g., back-flow prevention device,
air gap, etc.).
●● Soap and single use towels — enough for workers’ needs. Hand sanitizers
or wet towelettes do not meet the requirement for soap or towels.

Where must decontamination supplies be located?
All decontamination supplies for workers must be located together and be
reasonably accessible to where the workers are working (generally within 1/4
mile of the workers) and be outside of any treated area or an area under a REI.
For worker tasks performed more than 1/4 mile from the nearest point reachable
by vehicles (cars, trucks, or tractors) or more than 1/4 mile from a non-treated
area, the decontamination supplies may be at the nearest vehicular access point
outside any treated area or area under a REI.

48

ADDITIONAL WORKER EMPLOYER REQUIREMENTS

Early-entry workers must be a minimum
of 18 years old.
The agricultural employer may direct workers
to enter treated areas when a REI is in effect
to perform certain activities (e.g., moving
irrigation equipment, driving a tractor in
the treated area, responding to agricultural
emergencies, performing short-term or limited contact tasks, etc.) provided that
all of the conditions for the specific exception are met. In addition to meeting the
WPS requirements for worker training and being provided the protections of a
worker under the WPS, this section explains what additional conditions must be
met to allow workers to be “early-entry” workers.
An early-entry worker may only enter a treated area during a REI under the
following limited situations and must meet all applicable conditions for each
“exception.”

EXCEPTIONS FOR EARLY ENTRY

Employers should make
every effort to schedule
pesticide applications
and worker tasks in a
way that will avoid the
necessity of early entry
of workers into treated
areas.

Anyone doing crop
advisor tasks during an
REI, such as assessing
pest pressure or the
status of plants, is a
handler under WPS
and must receive
the protections for
handlers. See Chapter
4: Handlers and
Chapter 6: Exemptions
and Exceptions for crop
advisors.

Exception for activities with no-contact 170.603(a)
●● The early-entry worker must not touch anything treated by the pesticide to
which the REI applies. This means no contact with things like soil, water, air,
or surfaces of plants. There must be no contact with anything that may have
pesticide residues on it even if the worker wears PPE.
●● No early-entry worker is allowed in the treated area under the “no-contact”
exception until any inhalation exposure level listed on the pesticide product
labeling has been reached or any ventilation criteria established by WPS
(Chapter 3, Table 1. Entry Restrictions During Enclosed Space Production
Pesticide Applications) or on the pesticide product labeling has been met.
Exception for short-term activities 170.603(b)
Early-entry workers may enter into a treated area where a REI is in effect for
short-term activities if all of the following requirements are met:
●● No hand labor activity is performed.
●● The time in treated areas, where a REI is in effect, does not exceed one hour
in any 24-hour period for any early-entry worker.
●● No early-entry worker is allowed in the treated area during the first 4 hours
after the application ends.
●● No early-entry worker is allowed in the treated area until any inhalation
exposure level listed on the pesticide product labeling has been reached
or any ventilation criteria established by WPS (Chapter 3, Table 1. Entry
Restrictions During Enclosed Space Production Pesticide Applications) or on
the pesticide product labeling has been met.

The definition of hand
labor does NOT include
operating, moving or
repairing irrigation or
watering equipment.

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49

CHAPTER 3

EARLY-ENTRY WORKERS 170.603

Hand labor means any agricultural activity performed by hand or with any
hand tool that causes a worker to have substantial contact with plants, plant
parts, or soil and other surfaces that may contain pesticide residues, except
that hand labor does not include operating, moving, or repairing irrigation or
watering equipment or performing crop advisor tasks.

CHAPTER 3

Examples of hand labor tasks include: harvesting, detasseling, thinning,
weeding, topping, planting, girdling, caning, sucker removal, pruning,
disbudding, roguing, and packing product into containers in the field.
Exception for an agricultural emergency 170.603(c)
●● An agricultural emergency is a sudden occurrence or set of circumstances
that the agricultural employer could not have anticipated and could not
have had any control over. This emergency requires entry into a treated
area during a REI when no alternative practices would prevent or mitigate
State/Tribal pesticide
a substantial economic loss. A substantial economic loss means a loss in
authorities may declare,
through regulation
profitability greater than would be expected based on the experience and
or policy, conditions
fluctuations of crop yields in previous years. Only losses caused by the
that constitute an
agricultural emergency specific to the affected site and geographic area are
agricultural emergency
considered. Losses from mismanagement are not included when determining
in your state or area of
Indian country rather
whether a loss is substantial.
than identifying an
●● An agricultural emergency must be declared by the state department of
agricultural emergency
agriculture, or the state or tribal agency responsible for pesticide enforcement
on a case-by-case
that applies to the treated area. The agricultural employer determines if
basis. Check with
the emergency will result in a substantial economic loss to the agricultural
the appropriate
pesticide regulatory
establishment.
authority to find out
●● If the labeling of any pesticide product applied to the treated area affected by
if there are general
the emergency requires double notification to workers, no early-entry worker
conditions or scenarios
is allowed to spend more than 4 hours out of any 24-hour period in treated
that are considered
to be agricultural
areas.
emergencies that
●● No early-entry worker is allowed in the treated area during the first 4 hours
could apply to
after the application ends.
your agricultural
●
●
No early-entry worker is allowed in the treated area until any inhalation
establishment.
exposure level listed on the pesticide product labeling has been reached
or any ventilation criteria established by WPS (Chapter 3, Table 1. Entry
Restrictions During Enclosed Space Production Pesticide Applications) or on
the pesticide product labeling has been met.

50

ADDITIONAL WORKER EMPLOYER REQUIREMENTS
Exception for limited contact and irrigation activities 170.603(d)
For early entry into a treated area where a REI is in effect to conduct irrigation
activities or unforeseen activities that have limited contact with treated materials
(plants or soil), all of the following requirements must be met:

CHAPTER 3

●● No hand labor activity is performed.
●● The time in treated areas, where a REI is in effect, does not exceed 8 hours
in any 24-hour period for any early-entry worker.
●● No early-entry worker is allowed in the treated area during the first 4 hours
after the application ends.
●● No early-entry worker is allowed in the treated area until any inhalation
exposure level listed on the pesticide product labeling has been reached
or any ventilation criteria established by WPS (Chapter 3, Table 1. Entry
Restrictions During Enclosed Space Production Pesticide Applications) or on
the pesticide product labeling has been met.
●● The task to be performed must be one that if not performed before the REI
expires, would cause substantial economic loss and there are no alternative
tasks that would prevent the loss.
●● Except for irrigation tasks, the need for the task could not have been
foreseen.
●● The early-entry worker has no contact with pesticide-treated surfaces other
than minimal contact with feet, lower legs, hands and forearms.
оо The labeling of the pesticide product applied does not require double
notification.
Limited-Contact Tasks
Tasks where early-entry workers’ only contact with treated surfaces—including
soil, water, surfaces of plants, crops—is minimal and is limited to their feet,
lower legs, hands, and forearms. Hand labor tasks are not limited-contact
tasks.
Examples of limited-contact tasks include operating or repairing weather
monitoring and frost protection equipment; repairing greenhouse heating,
air conditioning, and ventilation equipment; repairing non-application field
equipment; maintaining and moving beehives. Limited-contact activities are
those tasks that are not anticipated.
Irrigation related activities are generally anticipated and are not included in the
limited-contact definition; however, they have the same requirements for early
entry.

Only appropriately
trained and equipped
pesticide handlers may
operate, move, or repair
the parts of chemigation
equipment that may
contain pesticide
residues. Chemigation
equipment is equipment
used to apply pesticides
with irrigation water.

WPS — How to Comply Manual

51

Agricultural employer responsibilities to protect early-entry workers
170.605(a) & (b)

For an agricultural employer to direct a worker to perform activities in a treated
area where a REI is in effect, they must:
●● Ensure that any early-entry worker is at least 18 years old. 170.605(a)

CHAPTER 3

●● Give instructions to early-entry workers. Prior to early entry, give each
early-entry worker all of the following information orally and in a manner that
the worker can understand: 170.605(b)
оо Location of early-entry area where work activities are to be performed.
оо Pesticide(s) applied.
оо Dates and times that the REI begins and ends.
оо Which exception is the basis for the early entry, and a description of tasks
that may be performed under that exception.
оо Whether contact with treated surfaces is permitted under the exception.
оо Amount of time the worker is allowed to remain in the treated area.
оо PPE required by the pesticide product labeling for early entry.
оо Location of the pesticide safety information (poster).
оо Location of the decontamination supplies required for early-entry workers.
●● Read the pesticide label. Ensure that each early-entry worker either has
read the applicable pesticide product labeling or has been informed, in a
manner that the worker can understand, of all labeling requirements and
statements related to human hazards or precautions, first aid and user safety.
170.605(c)

52

ADDITIONAL WORKER EMPLOYER REQUIREMENTS

PPE FOR EARLY-ENTRY WORKERS 170.605(d) & (e)
It is the agricultural employer’s responsibility to provide each early-entry worker
with the PPE specified in the pesticide product labeling for early entry and
ensure that the early-entry worker uses the PPE as intended according to
manufacturer’s instructions and follow any other applicable requirements on the
pesticide product labeling.
PPE for early entry must meet the standards required for handlers and be
maintained as such. Chapter 4: Additional Handler Employer Requirements
describes PPE standards for handlers. 170.507(b)(1)-(9) and 170.507(c) & (d)

PPE for early-entry
activities is listed on
the pesticide label
in the “Directions for
Use” section in the
“Agricultural Use
Requirements” box.

The agricultural employer must:

WPS — How to Comply Manual

CHAPTER 3

●● Not allow or direct any early-entry worker to wear PPE unless they have
received instruction in the prevention, recognition, and first aid treatment of
heat-related illness. The worker must know and understand how to implement
measures sufficient to prevent heat-related illness. 170.605(f)
●● Provide each early-entry worker with instruction on the proper use and
removal of the PPE, and as appropriate, on its cleaning, maintenance and
disposal.
●● Not allow or direct any early-entry worker to wear home or to take home
employer-provided PPE contaminated with pesticides. 170.605(g)

53

DECONTAMINATION SUPPLIES FOR
EARLY-ENTRY WORKERS 170.509 and

170.605(h)-(j)

During any early-entry activity, the agricultural
employer must provide all of the following
decontamination supplies:

CHAPTER 3

Hand sanitizers or wet
towelettes do not meet
the requirement for
soap or towels.

Decontamination and
emergency eye flush
water must, at all times
when it is available to
workers, be of a quality
and temperature that
will not cause illness or
injury when it contacts
the skin or eyes or if it
is swallowed.

●● At least three gallons of water per early-entry worker at the beginning of
each early-entry work period for routine washing and potential emergency
decontamination,
●● Soap,
●● Single-use towels, and
●● Clean change of clothing, such as coveralls, for use in an emergency.
Additionally, if the pesticide product applied requires protective eyewear, 1 pint of
water in a portable container must be immediately available to each early-entry
worker (i.e., be on the worker’s person or within immediate reach).

Where should the decontamination supplies for early-entry workers
be located? 170.605(h)
Decontamination supplies for early-entry workers:
●● Must not be in an area being treated with pesticides.
●● Must not be in an area under a REI, unless that location is necessary for the
supplies to be reasonably accessible to early-entry workers.
●● Must be reasonably accessible to and generally not more than 1/4 mile from
early-entry workers.
●● May be located at the nearest vehicular access point if tasks being performed
are more than 1/4 mile from the nearest point reachable by vehicle (car, truck,
or tractor).

Decontamination at the end of early-entry period 170.605(j)
Provide at the site where the early-entry workers remove their PPE:
●● Soap,
●● Single-use towels, and
●● At least three gallons of water per early-entry worker so that the worker may
wash thoroughly after removing PPE.

54

No limit

Yes**

Hours of entry permitted per day?

Hand labor tasks permitted?

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No

Yes

Yes

Yes

Yes

Yes

Yes

No

8 hours

Only to prevent substantial
economic loss

Yes. The need for the task
could NOT have been
anticipated.

No

No

No

Limited Contact
(unforeseen event)

Yes

Yes

Yes

Yes

Yes

Yes

No

8 hours

No

No

No

No

No

Irrigation

Yes

Yes

Yes

Yes

Yes

Yes

Yes

No limit except if
pesticide applied has
double notification
requirement, then 4
hours.

Only to prevent
substantial economic
loss

Workers
cannot
enter a
No
treated area
during an
Yes. Must be agricultural application;
emergency*
this is never
allowed.

No

No

Agricultural Emergency

WPS — How to Comply Manual

CHAPTER 3

**Hand labor is only allowed if the hand labor will not result in any contact with any pesticide treated surfaces. For example, if the pesticide is incorporated
into the soil during the application (and is not a fumigant) or if it is a soil-drench application in a nursery or enclosed space production, it may be possible to do
hand labor and not contact any pesticide treated surfaces.

Early entry decontamination supplies
Yes
Yes
Yes
Yes
Yes
provided?
*An agricultural emergency means a sudden occurrence or set of circumstances the agricultural employer could not have anticipated and over which the
agricultural employer has no control, that requires entry into a treated area during a REI, and when no alternative practices would prevent or mitigate a
substantial economic loss.

Labeling information and statements related Yes
to human hazards or precautions, first aid,
and user safety provided?

Instructed on PPE required. PPE provided,
used, cleaned, and maintained properly?

Information on pesticides applied?

Emergency assistance provided?

Central Posting information provided?

Yes

No

No

Conditions on economic necessity

WPS Worker Training required?

No

Conditions on anticipating the need for early No
entry?

1 hour

No

No

No

Short-Term

Yes

Enter during first 4 hours after application is
complete?

Yes

No

Enter during application?

Enter before inhalation exposure level or
WPS ventilation criteria are met?

No Contact

WPS Provision or Requirement

Type of Early Entry Exception

TABLE 4. SUMMARY OF EARLY-ENTRY REQUIREMENTS 170.603 and 170.605

ADDITIONAL WORKER EMPLOYER REQUIREMENTS

55

56

CHAPTER 3

CHAPTER 4

ADDITIONAL HANDLER EMPLOYER
REQUIREMENTS
TRAINING PESTICIDE HANDLERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
INFORMATION THAT MUST BE PROVIDED TO HANDLERS. . . . . . . . 59
REQUIREMENTS FOR HANDLERS AND HANDLER EMPLOYERS
DURING PESTICIDE APPLICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . 60
PERSONAL PROTECTIVE EQUIPMENT (PPE) FOR HANDLERS . . . . 62
PPE terminology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Use, cleaning and maintenance of PPE. . . . . . . . . . . . . . . . . . . . . . 64
Heat-related illness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Exceptions to PPE required by pesticide product labeling . . . . . 65
Respirators – requirements & recordkeeping. . . . . . . . . . . . . . . . . 68
DECONTAMINATION SUPPLIES FOR HANDLERS. . . . . . . . . . . . . . . . 74
All WPS requirements are effective January 2, 2017 unless
identified for a delayed implementation of January 2, 2018.

Chapter 2: Requirements for Agricultural Employers of Workers or Handlers
presented the WPS protections agricultural employers must provide to workers
and handlers. This chapter describes the additional protections that agricultural
employers are required to provide to their handlers.
The requirements in this section are for handler employers. As an agricultural
employer, you are a handler employer when you employ handlers directly or
through labor contractors.

Handlers must be a minimum of
18 years old.

57

TRAINING PESTICIDE HANDLERS
Owners of agricultural establishments and their
immediate families are exempt from handler
training requirements of the WPS. See Chapter
6: Exemptions and Exceptions. In addition,
certified crop advisors (acknowledged as
appropriate in writing by the EPA, or a State
or Tribal agency responsible for pesticide
enforcement) and currently certified pesticide
applicators are exempt from WPS worker and
handler training requirements.

CHAPTER 4

You are not a handler
employer if you hire a
commercial pesticide
handler or use a
commercial pesticide
handling establishment
to apply pesticides
on your agricultural
establishment and none
of your employees
conduct any handling
tasks.

Review key requirements of handler training 170.501
The annual training requirements for handlers and workers are presented in
Chapter 2: Requirements for Agricultural Employers of Workers or Handlers. The
following is a review of the key requirements of WPS training for handlers:
●● There is no grace period for WPS training!
●● Before any handler performs any handler task, the handler employer must
ensure that each handler has completed WPS training within the last 12
months, unless the handler is currently:
оо Certified as an applicator of restricted-use pesticides, or
оо Certified or licensed as a crop advisor by a program acknowledged as
appropriate in writing by EPA or the State or Tribal agency responsible for
pesticide enforcement. 170.501(b)
●● Train handlers every 12 months. 170.501(a)
●● Only qualified trainers (described in Chapter 2) may provide training and
must be present during the entire training program to respond to questions.
170.501(c)(1) & (4)

●● Provide training in a language or manner the handlers can understand, such
as using a translator.170.501(c)(1)
●● Present training using EPA-approved materials either orally from written
materials or audio-visually. 170.501(c)(1)
●● Keep training records for 2 years. 170.501(d)(1)
●● Provide training records to handler employees upon request. 170.501(d)(2)
●● All training requirements are effective January 2, 2017 EXCEPT the
expanded training content which is effective six months after EPA announces
the availability of training materials but not earlier than January 2, 2018.
170.501(c)(3)

58

ADDITIONAL HANDLER EMPLOYER REQUIREMENTS

In addition to providing the WPS handler training and protections covered in
Chapter 2: Requirements for Agricultural Employers of Workers or Handlers, the
handler employer must also provide handlers with the information below, in a
manner they can understand, before they perform any handler activity.
Labeling information 170.503(a)(1) & (2)
The handler must either read, or be
informed of, all sections of the pesticide
product labeling applicable to the safe
use of the pesticide, including label use
directions and restrictions. The handler
must be given this information in a
manner they can understand. The labeling
must be available to the handler at all times
during handler activities.
Application-specific information 170.503(a)(3)
Handlers must be made aware of any entry restrictions, AEZs and REIs that may
apply to the activities being performed by the handler.

To explain a WPS
concept “in a manner
handlers can
understand” means the
information may need
to be read, or written
in a different language,
provided with a handson demonstration to
“show” the topics, use
graphics, allow time for
questions and answers,
or whatever mechanism
is successful in
communicating with
employees.
Option: Handlers may
be allowed to read the
labeling themselves, if
they are able to read
and understand it
thoroughly.

Pesticide application equipment 170.309(i) & (j)
A handler employer must ensure that:
●● Handlers are instructed in the safe operation of equipment used to mix, load,
transfer, or apply pesticides before they use the equipment. 170.309(i)
●● Each day before using any equipment to mix, load, transfer or apply
pesticides, the equipment is inspected for leaks, clogged nozzles, worn or
damaged parts and equipment is repaired or replaced before it is used.
170.309(j)

In addition to providing
handlers with the
general pesticide safety
training, an agricultural
employer must give
handlers establishmentspecific information
described in Chapter
2: Requirements for
Agricultural Employers
of Workers or Handlers.
170.503(b)

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59

CHAPTER 4

INFORMATION THAT MUST BE PROVIDED TO HANDLERS

REQUIREMENTS FOR HANDLERS
AND HANDLER EMPLOYERS DURING
PESTICIDE APPLICATIONS
Owners and their
immediate family
members acting as
handlers must comply
with these requirements
when applying
pesticides on their
establishment.

Agricultural employers must comply with certain
requirements during pesticide applications to protect
workers and other persons, such as bystanders. This
section describes other WPS requirements during
pesticide applications that directly affect handlers
and handler employers. Agricultural employers who
employ handlers (i.e., handler employers) and handlers themselves must comply
with these requirements.

Do not let pesticides contact workers or any persons 170.505(a)
The handler employer and the handler must ensure that no pesticide is applied
so as to contact, directly or through drift, any worker or other person, other than
an appropriately trained and equipped handler involved in the application. This is
a requirement for both handlers and handler employers and it is also a labeling
requirement the pesticide applicator must comply with. 170.505(a)

Suspend pesticide applications 170.505(b)
CHAPTER 4

The application exclusion zone (AEZ) is described in Chapter 3 in terms of the
agricultural employer’s responsibilities to keep workers and others out of the
treated area and AEZ during pesticide applications.

The “do not contact”
requirement is not
limited by distance
or the boundaries of
the establishment, so
it applies to workers
and other persons
whether they are on
or off the agricultural
establishment and
regardless of how far
away they are from the
application.

60

Effective January 2, 2018, there is a different AEZ requirement that applies to
pesticide handlers making pesticide applications. Specifically, the handler making
a pesticide application must temporarily suspend the application if any worker
or other person (other than an appropriately trained and equipped handler
involved with the application) is in the:
●● AEZ for outdoor production applications, or
●● Area required to be free of workers or others during enclosed space
production applications.

ADDITIONAL HANDLER EMPLOYER REQUIREMENTS
The handler requirement to suspend the application applies if a worker or
other person is in any portion of the AEZ. In this situation, the applicator must
temporarily suspend the application and may not proceed until the applicator
can ensure that the pesticide will not contact any persons that are in the AEZ,
including areas that extend beyond the boundary of the establishment.

Effective January 2,
2017, agricultural
employers must keep
workers and other
persons out of the AEZ.

An agricultural employer may not allow a pesticide to be applied, or a suspended
application to be resumed, while any worker or other person on the establishment
is in the treated area or within the AEZ.

Monitor handlers using highly toxic
pesticides 170.505(c)

Communicate continuously with handlers using fumigants in
enclosed spaces 170.505(d)
When a handler is using a fumigant pesticide product in
an enclosed space production area, a handler employer
must ensure that the handler maintains continuous
visual or voice contact with another handler stationed
immediately outside of the enclosed space. The
handler stationed outside of the enclosed space must
have immediate access to and be able to use the PPE
required by the fumigant product labeling for applicators
in case there is a need to assist or rescue the handler
making the application.

Remember: If the pesticide product labeling contains
specific instructions or requirements that conflict with the
requirements of the Worker Protection Standard, follow the
instructions or requirements on the labeling.

Fumigant – Any
pesticide product that
is a vapor or gas, or
forms a vapor or gas on
application, and whose
method of pesticidal
action is through the
gaseous state.
Fumigants will most
likely have label
restrictions that are
more restrictive than
WPS including the
label-required Fumigant
Management Plan.

WPS — How to Comply Manual

61

CHAPTER 4

If a pesticide product that has the skull-andcrossbones symbol on the front panel of the
pesticide product label is being used, a handler
employer must ensure that the handler is
monitored visually or by voice communication
at least every 2 hours.

PERSONAL PROTECTIVE EQUIPMENT (PPE) FOR
HANDLERS
On the pesticide
product labeling, PPE
for handling activities is
listed in the “Hazards to
Humans” section.

Handler employer and handler responsibilities 170.507(a) & (b)
Handler employers must provide the PPE that is required by the pesticide
product labeling for the handler to use. The PPE provided must be clean and in
proper working condition. For the purposes of WPS, long-sleeved shirts, shortsleeved shirts, long pants, short pants, shoes and socks are considered standard
attire and do not have to be provided by the handler employer even though such
work clothes may be required by a pesticide product labeling as PPE.
Handlers are individually responsible for following the pesticide labeling
directions and wearing the clothing and PPE required by the pesticide product
labeling. The “use” of any pesticide product must be consistent with the label
directions or it is a violation of federal law.

PPE terminology 170.507(b)

CHAPTER 4

For clarification, the following terms are interpreted as to their meaning for PPE
when required by pesticide product labeling:
“Chemical-resistant PPE” must be made of material that allows no measurable
movement of the pesticide being used through the material during use.
“Chemical-resistant apron” must be a chemical-resistant apron that covers the
front of the body from mid-chest to the knees.
Shoes or boots must
be labeled “chemicalresistant.” Sandals
and cloth or leather
shoes or boots are NOT
chemical resistant.

Very few pesticides
require handlers to
wear chemical-resistant
suits because of the
high potential for heat
stress.

62

“Chemical-resistant footwear” means one of the following types of footwear
must be worn:
●● Chemical-resistant shoes.
●● Chemical-resistant boots.
●● Chemical-resistant shoe coverings worn over shoes or boots.
“Chemical-resistant headgear” must be either a chemical-resistant hood or a
chemical-resistant hat with a wide brim.
“Chemical-resistant suit” must be a loose-fitting, one- or two-piece chemicalresistant garment that covers, at a minimum, the entire body except head, hands,
and feet.

ADDITIONAL HANDLER EMPLOYER REQUIREMENTS
“Coveralls” must be loose-fitting, one- or two-piece garments that cover, at a
minimum, the entire body except head, hands, and feet.
●● When the pesticide label requires coveralls to be worn, it means cloth
garments as described above. They are not required to be chemical-resistant.
If full body chemical-resistant protection is required, the label will specify that
a handler must wear a chemical-resistant suit instead of coveralls.
“Gloves” must be the type specified on the pesticide product labeling.

CHAPTER 4

●● Gloves made of leather, cotton, or other absorbent materials may not be worn
while performing handler activities unless gloves made of these materials are
listed as acceptable for such use on the pesticide product labeling.
●● Separable glove liners may be worn beneath chemical-resistant gloves,
unless the pesticide product labeling specifically prohibits their use.
Separable glove liners are defined as separate glove-like hand coverings,
made of lightweight material, with or without fingers. Work gloves made from
lightweight cotton or poly-type material are considered to be glove liners if
worn beneath chemical-resistant gloves. Separable glove liners may not
extend outside the chemical-resistant gloves under which they are worn.
Chemical-resistant gloves with non-separable absorbent lining materials are
prohibited.
●● If used, separable glove liners must be discarded immediately after a total
of no more than 10 hours of use or within 24 hours of when first put on,
whichever comes first. The liners must be replaced immediately if directly
contacted by pesticide. Used glove liners must not be reused. Contaminated
liners must be disposed of in accordance with any Federal, State, or local
regulations.
“Protective eyewear” means one of the following types of eyewear:
●●
●●
●●
●●

Goggles,
Face shield,
Safety glasses with front, brow, and temple protection, or
Full-face respirator.

“Waterproof” must be made of material that allows no measurable movement of
water or aqueous solutions through the material during use.

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63

Use, cleaning and maintenance of PPE 170.507(c) & (d)

CHAPTER 4

To provide protections to handlers in the use, cleaning and maintenance of PPE,
the handler employer must ensure that:

Any person handling
contaminated PPE
must use the most
protective gloves
identified on any of
the products which
contaminated the PPE.

64

●● PPE is used correctly for its intended purpose and is used according to the
manufacturer’s instructions.
●● All PPE is inspected for leaks, holes, tears, or worn places before each day of
use. Any damaged equipment must be repaired or discarded.
●● All PPE is cleaned according to the manufacturer’s instructions or pesticide
product labeling instructions before each day of reuse. In the absence of
any such instructions, PPE must be washed thoroughly in detergent and hot
water.
●● All washed PPE is dried thoroughly before being stored or reused.
●● All clean PPE is stored separately from personal clothing and apart from
pesticide-contaminated areas.
●● Contaminated PPE is made unusable as clothing or unavailable for any use
by anyone, if the PPE cannot or will not be cleaned properly.
●● Any coveralls or other absorbent materials that have been drenched or
heavily contaminated with a pesticide that has the signal word “DANGER”
or “WARNING” on the pesticide label are not reused and are disposed of in
accordance with any applicable laws or regulations.
●● Any person who handles contaminated PPE must wear the gloves specified
on the pesticide product labeling for mixing and loading the product(s) of the
contaminant(s).
●● Contaminated PPE is kept separately from non-contaminated PPE, other
clothing or laundry, and washed separately from any other clothing or laundry.
●● Any person who cleans or launders PPE is informed of all the following:
оо That such equipment may be contaminated with pesticides and there are
potentially harmful effects from exposure to pesticides.
оо The correct way(s) to clean PPE and how to protect themselves when
handling such equipment.
оо Proper decontamination procedures that should be followed after handling
contaminated PPE.
●● Handlers have a place(s) away from pesticide storage and pesticide use
areas where they may:
оо Store personal clothing not worn during handling activities.
оо Put on PPE at the start of any exposure period.
оо Remove PPE at the end of any exposure period.
●● Handlers are not allowed or directed to wear home or to take home employerprovided PPE contaminated with pesticides.

ADDITIONAL HANDLER EMPLOYER REQUIREMENTS

Heat-related illness 170.507(e)
When a WPS-labeled pesticide product requires the use of PPE for a handler
activity, appropriate measures must be taken to prevent heat-related illness. This
may include knowing the heat and humidity work conditions, altering time of work
hours to avoid or limit working in the hottest/most humid situations, providing
adequate water breaks and cool-down periods, allowing removal of PPE when
not required, etc.

Visit OSHA’s web site
for useful information
about occupational
heat exposure and how
to avoid heat stress:
https://www.osha.gov/
SLTC/heatstress/

Exceptions to PPE required by pesticide product labeling
PPE exception allowed for body protection 170.607(a)-(c)
●● A chemical-resistant suit may be substituted for coveralls. If a chemicalresistant suit is substituted for coveralls, any labeling requirement for an
additional layer of clothing beneath the coveralls is waived.
●● A chemical-resistant suit may be substituted for a chemical-resistant apron.
Boots. If chemical-resistant footwear with sufficient durability and a tread
appropriate for wear in rough terrain is not obtainable, then leather boots may be
worn on such terrain.

WPS — How to Comply Manual

CHAPTER 4

Gloves. If chemical-resistant gloves with sufficient durability and suppleness are
not obtainable, then during activities with plants with sharp thorns, leather gloves
may be worn over chemical-resistant glove liners. However, once leather gloves
are worn for this use, thereafter they must be worn only with chemical-resistant
liners and they must not be worn for any other use.

65

PPE exception allowed when using closed systems 170.607(d)
When a closed system is used to transfer pesticide products, both of the
following conditions must be met in order to use PPE that is different from the
PPE required by the pesticide product labeling for a closed system:

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1. The closed system must be able to remove the pesticide from its original
container and transfer the pesticide product through connecting hoses, pipes
and couplings that are sufficiently tight to prevent exposure of handlers
to the pesticide product, except for the negligible escape associated with
normal operation of the system; or when loading intact, sealed, water soluble
packaging into a mixing tank or system, and
2. All of the requirements for an agricultural employer or commercial pesticide
handler employer must be met, and
●● Each closed system must have written operating instructions that are
clearly legible and include:
оо Operating procedures for use, including the safe removal of a probe,
оо Maintenance, cleaning and repair,
оо Known restrictions or limitations relating to the system, such as
incompatible pesticides or sizes/types of containers or closures that
cannot be handled by the system,
оо Any limits on the ability to measure a pesticide, and
оо Special procedures or limitations regarding partially-filled containers.
●● The written operating instructions for the closed system must be available
at the mixing or loading site and must be made available to any handlers
who use the system.
●● Any handler operating the closed system must be trained in its use
and operate the closed system in accordance with its written operating
instructions.
●● The closed system must be cleaned and maintained as specified in the
written operating instructions and as needed to make sure the system
functions properly.
●● All PPE specified in the pesticide product labeling is immediately available
to the handler for use in an emergency.
●● Protective eyewear must be worn when using closed systems operating
under pressure.
If the conditions of (1) and (2) are met, the following exceptions to labelingspecified PPE are permitted:
●● Handlers using a closed system to mix or load pesticides with a signal word
of “DANGER” or “WARNING” may substitute the following, instead of the PPE
specified on the pesticide product label:
оо Long-sleeved shirt,
оо Long pants,
оо Shoes and socks,
оо Chemical-resistant apron,
оо Protective eyewear, and
оо Protective gloves specified on the labeling for handlers for the labelingspecified PPE.

66

ADDITIONAL HANDLER EMPLOYER REQUIREMENTS
●● Handlers using a closed system to mix or load pesticides other than those
with a signal word of “DANGER” or “WARNING” may substitute the following,
instead of the PPE specified on the pesticide product label:
оо Protective eyewear,
оо Long sleeved shirt,
оо Long pants, and
оо Shoes and socks.

If a handler applies a pesticide from inside a vehicle’s enclosed cab and all of
the PPE required by the pesticide product labeling for applicators is immediately
available and stored in a sealed container to prevent contamination, handlers
may substitute a long-sleeved shirt, long pants, shoes and socks for the labelingspecified PPE for skin and eye protection.
●● If a particulate filtering respirator (NIOSH approval number prefix TC-84A)
(including a particulate filtering facepiece respirator, which used to be called a
dust/mist or particulate filtering respirator) is required by the pesticide product
labeling for applicators, the applicator does not have to wear that respirator
inside the enclosed cab if the enclosed cab has a properly functioning air
ventilation system which is used and maintained in accordance with the
manufacturer’s written operating instructions.
●● If any other type of respirator is required by the pesticide labeling for
applicators, then that respirator must be worn inside the enclosed cab. See
Respirator section on the next page.
Handlers must wear the applicator PPE required by the pesticide product labeling
if they exit the cab within a treated area during an application or when a REI is in
effect. Once PPE is worn in a treated area, it must be removed before reentering
the cab to prevent contamination of the cab.

PPE exception allowed for aerial applications 170.607(e) & (f)
Wearing chemical-resistant gloves when entering or leaving an aircraft used to
apply pesticides is optional, unless such gloves are required on the pesticide
product labeling. If gloves are brought into the cockpit of an aircraft that has been
used to apply pesticides, the gloves must be kept in an enclosed container to
prevent contamination of the inside of the cockpit.
Handlers applying pesticides from an open cockpit aircraft must use the PPE
specified in the pesticide product labeling for use during an application, except
that chemical-resistant footwear need not be worn. A helmet may be substituted
for chemical-resistant headgear. A helmet with a face shield lowered to cover the
face may be substituted for protective eyewear.
Persons occupying an enclosed cockpit may substitute a long sleeved shirt, long
pants, shoes, and socks for labeling-specified PPE.

An enclosed cab is
defined as a cab with a
nonporous barrier that
totally surrounds the
occupant(s) of the cab
and prevents dermal
contact with pesticides
that are being applied
outside of the cab.

Although a dust/mist
filtering respirator is an
outdated designation,
some pesticide product
labels still refer to this
type of respirator and
are included in the
exception allowed for
enclosed cabs.

A carbon filter is not
a requirement for the
enclosed cab to qualify
for the exemption; only
a properly functioning
air ventilation system.
Any ventilation system
with a standard air
filter is acceptable.
No special filter
requirements must be
met.

Under the enclosed
cockpit exception,
respirators and gloves
are not required to
be worn in enclosed
cockpits.

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67

CHAPTER 4

PPE exception allowed for enclosed cabs 170.607(e)

Respirators – requirements & recordkeeping 170.507(b)(10)

Self-contained breathing
apparatus (SCBA)*

The goal of the
respirator requirements
is to ensure the
handler:
●● Is physically
capable of wearing
a respirator,

CHAPTER 4

●●

●●

Receives the
intended protection
by having the
respirator fit
properly, and
Knows how to
use the respirator
correctly.

The WPS adopted certain Occupational Safety and Health
Administration (OSHA) provisions that require handler
employers to provide medical evaluations, fit testing,
and training to handlers when using pesticide products
that require use of a respirator. This includes particulate
filtering facepiece respirators (formerly known as dust/mist
respirators). These requirements ensure that handlers who
are using pesticides that require use of a respirator are
provided with a comparable level of protection to OSHA’s
respiratory protection requirements.

Half-mask air-purifying
respirator*

Filtering facepiece*

Full-facepiece air-purifying
respirator*

Whenever a respirator is required to be worn by the pesticide product labeling,
the correct respirator specified by the label must be used. Prior to using a
respirator, the handler employer must provide the handler with the following:
●● Medical evaluation,
●● Annual fit testing, and
●● Annual respirator training.
The handler employer must keep records of the medical determinations (proof of
medical evaluations), fit testing and respirator training for 2 years from the date
conducted.
A respirator is intended for use by one person only.
Respirators should not be shared by multiple individuals.

*Graphics from the OSHA Small Entity Compliance Guide for the Respiratory Protection Standard:
https://www.osha.gov/Publications/3384small-entity-for-respiratory-protection-standard-rev.pdf

68

ADDITIONAL HANDLER EMPLOYER REQUIREMENTS

Medical evaluation 40 CFR 170.507(b)(10)(iii) & 29 CFR 1910.134
Using a respirator may place a physiological burden on handlers that could
cause injury if the wearer has certain health problems or medical conditions. This
burden varies with the type of respirator worn, the job and conditions in which the
respirator is used, and the medical status of the handler.
A medical evaluation must be conducted to determine whether the handler is
physically able to use a respirator before the handler is fit tested or required to
use the respirator.

The requirement for
a medical evaluation
applies to all
respirators, regardless
of the type, level of
protection, or whether
it is tight-fitting or
loose-fitting.

The handler employer must identify a physician or other licensed health-care
professional (PLHCP) to perform the confidential medical evaluation using a
medical questionnaire or exam. The medical evaluation must be done at no
cost to the employee. The questionnaire may be provided by the PLHCP and
must be based on OSHA’s Part A of Appendix C to 1910.134. The questionnaire
is also available in Spanish. See Appendix D: Contacts and Additional
Resources.
Prior to providing the questionnaire to the handler, the handler employer must
complete the following information for the PLHCP:
The type and weight of respirator that the handler will use.
How long and how frequently the handler will use the respirator.
How much physical work the handler will do while using the respirator.
Other PPE the handler will use.
The temperature and humidity extremes of the working environment.

Handlers must complete a confidential medical questionnaire during
normal working hours or at a time and place convenient to the handler.
The handler must understand the questions on the medical questionnaire.
The handler employer must provide a telephone number for the PLHCP to
the employee in case they have questions. The handler’s responses to the
medical questionnaire must not be reviewed by the handler employer and
must be provided directly to the PLHCP.
The PLHCP’s final medical determination must be based on information covered
by the questionnaire. This information can be obtained by evaluating written
responses or by conducting a medical examination that covers all the areas
included in the questionnaire. The handler must be given an opportunity to
discuss the questionnaire and/or examination results with the PLHCP.
A PLHCP may include any medical tests, consultations, or diagnostic procedures
that the PLHCP deems necessary to make a final determination.

CHAPTER 4

●●
●●
●●
●●
●●

The handler is to
either deliver the
questionnaire directly to
the PLHCP or seal it in
an envelope and mail it
directly to the PLHCP.
There are online
services that conduct
respirator medical
evaluations. Be sure
to select one that is
qualified to operate in
your state.

The handler employer is responsible for any costs associated with these
additional medical assessments. However, the employer has the option of
not allowing the handler to undergo further evaluation. If that is the case, the
employer cannot allow that handler to participate in any handler activities that
require the use of a respirator.

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69

A medical evaluation is required one time unless another medical evaluation
is required for any of the following reasons:
●● The medical determination (medical release) is only good for a specified
length of time (often 1, 2 or 3 years).
●● The employee reports medical signs or symptoms related to respirator use.
●● The PLHCP, a supervisor, or the program administrator recommends a
re-evaluation.
●● Fit-test or other program information indicates a need for re-evaluation.
●● When changes in the workplace increase respiratory stress on an employee.
●● The initial medical examination demonstrates the need for a follow-up
medical examination.
The follow-up medical examination shall include any medical tests, consultations,
or diagnostic procedures that the PLHCP deems necessary to make a final
determination.
Documentation
The PLHCP will send the handler employer and the handler a written medical
determination (medical release) of the medical evaluation results. A handler
cannot use a respirator until this written medical determination is received
allowing such use. The determination will include the following information:
CHAPTER 4

●●
●●
●●
●●

Whether the employee is medically able to use a respirator.
Any restrictions on the employee’s use of the respirator.
The need for follow-up medical evaluations .
Verification that the PLHCP has given the employee a copy of the written
medical determination.

Recordkeeping
Maintain a copy of the written medical determination (medical release) for at least
2 years, or until a subsequent medical evaluation is conducted.
All other information regarding the medical evaluation is strictly
confidential and is restricted to only the employee and the PLHCP.

70

ADDITIONAL HANDLER EMPLOYER REQUIREMENTS

The purpose of a fit test is to ensure that the respirator forms an adequate seal
with a handler’s face so the respirator provides the intended inhalation exposure
protection.
Handlers must be fit tested for each type of respirator specified by the pesticide
product labeling which they will be using before using the respirator and every 12
months after that. The fit test must be conducted using the exact make, model,
style and size of respirator that the handler uses. If any of that changes, the
handler must be fit tested with the new respirator.
Fit testing must follow OSHA protocols. With respirators, one size does not fit all.
Two fit-test methods are available to determine the correct fit for most tight-fitting
facepieces.
●● Qualitative fit test (QLFT). This inexpensive, easy-to-perform test relies on the
respirator user’s response to a test agent such as banana oil, saccharin, or
irritant smoke. If the user detects the agent while wearing the respirator, the
facepiece-to-face seal is not successful and the test fails. A user who cannot
successfully complete the test must be tested with another face piece, make,
size, or brand.
оо This method does not require specialized equipment or a trained person
to conduct the test however, the person administering this test must be
able to prepare test solutions, calibrate equipment, perform test properly,
recognize invalid tests and ensure test equipment is in proper working
order.
●● Quantitative fit test (QNFT). An instrument samples the concentration of a
test agent in the ambient atmosphere and inside the user’s facepiece. With
this information a quantitative fit factor can be calculated that indicates how
well the facepiece fits the user; the higher the number the better the fit. This
method is more accurate than a qualitative test but also more expensive. The
QNFT requires special equipment, and a trained person must conduct the
test.
Fit testing must be conducted annually and whenever there is a change in
the respirator facepiece make, model, style, or size, or if the handler has a
physiological change that affects the seal between the respirator’s facepiece
and the user’s face. OSHA’s protocols to ensure fit tests are done properly
(Appendix A of 29 CFR 1910.134) are to be followed. These protocols may
be found at: https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_
table=STANDARDS&p_id=9780.

The requirement for
fit testing applies to
the use of tight-fitting
respirators and does
not apply to the use of
loose-fitting respirators.

Particulate filtering
facepiece respirators
are required to be fit
tested. Particulate
filtering facepiece
respirators must
be equipped with a
sealable surface to
enable the respirator to
be fit tested.

As an example, if
a handler uses a
particulate filtering
facepiece respirator
when using one
pesticide and a
half-face respirator
with organic vapor
cartridges when using
a different pesticide,
the handler must be
fit tested for both
respirators.

A handler employer is
allowed to conduct the
fit test for their handlers
or they may also use an
outside party that may
have different respirator
makes, models, styles
and sizes that may
be needed to ensure
the handlers can be
properly fit.

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71

CHAPTER 4

Annual fit testing 40 CFR 170.507(b)(10)(i) & 29 CFR 1910.134(f)

Recordkeeping
A written record of the fit test must be maintained for 2 years and contain:
●●
●●
●●
●●
●●

Name of handler tested,
Type of fit test performed,
Make, model and size of the respirator tested,
Date of the fit test, and
Results of the fit test:
оо Pass/fail for qualitative fit test.
оо Fit factor and strip chart recording or other record of the test results for a
quantitative fit test.

Respirator seal check
A seal check is not a
fit test!

Anyone using a tight-fitting respirator must perform a respirator seal check before
using it to ensure an adequate seal is achieved each time the respirator is put on.
There are different ways to check respirator seals including a positive pressure
check, a negative pressure check, or following the manufacturer’s recommended
check method. A seal check is not a fit test!

How to check the seal of tight-fitting respirators

CHAPTER 4

Positive-pressure check:
1. Block the exhalation valve cover with the palm of your hand.
2. Exhale gently into the facepiece, creating a slight positive pressure.
3. If you can feel air leaking under the facepiece, reposition the facepiece and
repeat steps 1 and 2 until you have an effective seal.
Negative-pressure check:
1. Cover the inlet openings of the cartridges or canisters with palms of your
hands and inhale gently so that the facepiece collapses.
2. Hold your breath for about 10 seconds. The seal is effective if the facepiece
stays collapsed.
3. If the facepiece expands or you can feel air leaking under the facepiece,
reposition it and repeat steps 1 and 2.

Annual respirator training 40 CFR 170.507(b)(10)(ii) & 29 CFR 1910.134(k)(1)(i)-(vi)
The requirement for
respirator training
applies to all
respirators, regardless
of the type, level of
protection, or whether
it is tight-fitting or
loose-fitting.

72

Handlers must be provided with training in the use of the respirator specified on
the pesticide product labeling and demonstrate knowledge of the following:
●● Why the respirator is necessary and how improper fit, usage, or maintenance
can compromise the protective effect of the respirator,
●● What the limitations and capabilities of the respirator are,
●● How to select cartridges and canisters and know the schedule for changing,
●● How to use the respirator effectively in emergency situations, including
situations in which the respirator malfunctions,
●● How to inspect, put on and remove, use, and check the seals of the
respirator,
●● Respirator maintenance and storage procedures, and
●● How to recognize medical signs and symptoms that may limit or prevent the
effective use of respirators.

ADDITIONAL HANDLER EMPLOYER REQUIREMENTS
Respirator retraining is required annually and when:
●● Workplace conditions change,
●● A new type of respirator is used, or
●● Inadequacies in the employee’s knowledge or use indicate the need to
retrain.
Recordkeeping
A written record of the respirator training must be maintained for 2 years and
should contain:
●●
●●
●●
●●

If a handler has
facial hair that comes
between the sealing
surface of the facepiece
and the handler’s face
or that interferes with
valve function, the
handler cannot use a
respirator that has a
tight-fitting facepiece.

Name and signature of handler trained,
Date of training,
Trainer’s name, and
Training topics.

Respirator change-out schedules 170.507(d)

●● When breathing resistance becomes excessive.
●● When the filter element has physical damage or tears.
●● According to manufacturer’s recommendations or pesticide product labeling,
whichever is more frequent.
●● In the absence of any other instructions or indications of service life, at the
end of eight hours of cumulative use.
When gas or vapor removing respirators are used, the gas or vapor removing
canisters or cartridges are to be replaced before further respirator use when one
of the following conditions is met if there is no end-of-service-life indicator on the
cartridge or canister:

CHAPTER 4

When particulate filtering respirators are used, the filters or the filtering facepiece
itself must be replaced before further respirator use when one of the following
conditions is met:

If there is an end-ofservice-life indicator
on the cartridge or
canister, replace the
cartridge or canister
when indicated.

●● At the first indication of odor, taste, or irritation.
●● When breathing resistance becomes excessive.
●● When required according to manufacturer’s recommendations or pesticide
product labeling instructions, whichever is more frequent.
●● When the maximum use time is reached as determined by the handler
employer’s respiratory protection program.
●● In the absence of any other instructions or indications of service life, at the
end of eight hours of cumulative use.

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73

DECONTAMINATION SUPPLIES FOR HANDLERS
Handler employers must provide decontamination
supplies, as described below, to handlers who
are doing handling tasks for routine washing,
emergency decontamination and eye flushing.
170.509(a)-(d)

When must the supplies be provided?
●● Handlers: the duration of the handling task and until PPE is removed.

What supplies must be provided?

CHAPTER 4

●● Water — as specified below. The water must be of a quality and temperature
that will not cause illness or injury when it contacts the skin or eyes or if
swallowed. If a water source is used for mixing pesticides, it cannot be
used for decontamination without additional precautions taken to prevent
contamination of the water with pesticides (e.g., back-flow prevention device,
air gap, etc.).
●● Soap and single use towels — enough for handlers’ needs. Hand
sanitizers or wet towelettes do not meet the requirement for soap or
towels.
●● Clean change of clothes, such as one-size-fits-all coveralls, to put on if the
handlers’ clothes are contaminated and need to be removed right away.

How much water must be provided?
Clean running water definitely meets the requirement. However, if it is not
available, the following amounts must be met:

When required, the eye
flushing supplies at
mix/load sites must be
immediately available
to the handlers (mixers/
loaders) and the pint of
eye flush water must be
immediately available to
the handler (applicator).

●● Handlers: 3 gallons or more per handler of water is required at the start of
the work period.
●● Emergency eye flushing station: emergency eye flushing supplies must
be provided at any site where handlers are mixing or loading a pesticide that
requires protective eyewear or are mixing or loading any pesticide using a
closed system operating under pressure. The supplies that must be available
are:
оо A system capable of delivering gently running water at a rate of at least
0.4 gallons per minute for at least 15 minutes, or
оо At least 6 gallons of water in containers suitable for providing gently
running water for eye flushing for 15 minutes. The container(s) must be
able to dispense a gentle steady flow of water.
Additionally, when applying a pesticide that requires protective eyewear, 1 pint
of water must be immediately available to each handler (applicator) in a portable
container (on the applicator’s person or in the application equipment being used).

74

ADDITIONAL HANDLER EMPLOYER REQUIREMENTS

Where must routine decontamination supplies be located?
The water for routine cleaning, soap, single use towels and change of clothes
must be located together and must be:
●● Reasonably accessible to handlers (within 1/4 mile or at the nearest vehicular
access),
●● Outside of any treated area or an area under an REI unless supplies (soap,
single-use towels, clean change of clothing and routine decontamination
water) are all contained within a pesticide protected closed container (except
if running water is available, it does not have to be in the container),
●● At any mixing or loading site, and
●● At the site where PPE is removed.

Exceptions:

CHAPTER 4

For a pilot who is applying pesticides aerially, the decontamination supplies must
be at the aircraft’s loading site or in the aircraft.

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75

76

CHAPTER 4

CHAPTER 5

REQUIREMENTS FOR COMMERCIAL
PESTICIDE HANDLER EMPLOYERS
GENERAL RESPONSIBILITIES FOR COMMERCIAL PESTICIDE
HANDLER EMPLOYERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
RESPONSIBILITIES OF EMPLOYERS TO INSTRUCT SUPERVISORS
OF HANDLERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
EMERGENCY ASSISTANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
TRAINING PESTICIDE HANDLERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
EMPLOYER INFORMATION EXCHANGE . . . . . . . . . . . . . . . . . . . . . . . 83
DECONTAMINATION SUPPLIES FOR HANDLERS . . . . . . . . . . . . . . . 84
RETALIATION AGAINST EMPLOYEES IS PROHIBITED . . . . . . . . . . . 85
EMPLOYER RESPONSIBILITIES FOR WPS VIOLATIONS. . . . . . . . . . 85
All WPS requirements are effective January 2, 2017 unless
identified for a delayed implementation of January 2, 2018.
This chapter describes some of the WPS protections commercial pesticide
handler employers must provide to their handlers. Commercial pesticide
handling establishments and their employees are included in WPS when they
apply WPS-labeled pesticide products on agricultural establishments, even if
some of the pesticide handling tasks (mixing, loading, disposal, etc.) take place
somewhere other than the agricultural establishment that is the treatment site.
Owners and managers of commercial pesticide handling establishments have
WPS responsibilities as commercial pesticide handler employers.

Additional responsibilities for all
handler employers are covered in
Chapter 4. Commercial pesticide handler
employers must refer to both Chapters
4 and 5 for all of the WPS requirements
and protections applicable to their
establishments and handler employees.

77

GENERAL RESPONSIBILITIES FOR COMMERCIAL
PESTICIDE HANDLER EMPLOYERS
To streamline presenting the WPS
requirements for a commercial
pesticide handler employer (CPHE), the
requirements for CPHEs that are not
covered in Chapter 4 have been placed
in this chapter. A CPHE must comply
with the requirements presented in
Chapter 4: Additional Handler Employer
Requirements AND within this chapter.
The responsibilities of complying with the WPS primarily fall on the employer
(the owner of the business) of a handler (applicator/crop advisor). In addition, the
pesticide handler is also responsible for complying with certain WPS provisions
as well as all of the pesticide label directions.
Key WPS definitions:
A commercial pesticide handling establishment is defined as an enterprise,
other than an agricultural establishment, that provides pesticide handler or crop
advising services to agricultural establishments. In other words, this is usually a
custom pesticide application business that is hired by a farm, forest, nursery or
enclosed space agricultural production facility to apply pesticides or to provide
crop-consulting services.

CHAPTER 5

The commercial pesticide handling establishment is the business or enterprise
that is hired to make pesticide applications on an agricultural establishment.
The commercial pesticide handling employer is the person responsible for
providing WPS protections to the handlers or crop advisors they employ.
The commercial pesticide handler employer is defined as any person, other
than an agricultural employer, who employs any handler to perform handler
activities on an agricultural establishment.
A crop advisor is considered a “handler” under WPS only if they are conducting
handler tasks, which include entering into a treated area that is under a REI
to do crop advisor tasks. Crop advisors are NOT allowed to be early-entry
workers. See Chapter 6: Exemptions and Exceptions for crop advisors.

78

COMMERCIAL PESTICIDE HANDLER EMPLOYERS
The CPHE must ensure that:
●● All pesticides are used consistent with the pesticide product label at all times,
including following the WPS requirements when applicable. 170.313(a)
●● Each worker and handler receives the protections required by the WPS.
170.313(b)

WPS — How to Comply Manual

CHAPTER 5

●● Each handler, or worker that conducts early-entry tasks, is at least 18 years
of age. 170.313(c)
●● Employees do not clean, repair, or adjust pesticide application equipment
without completing WPS handler training. 170.313(l)
●● Other persons (not employed by the agricultural establishment) do not clean,
repair, or adjust pesticide application equipment until they are told:
оо That the equipment may be contaminated with pesticides.
оо About the potentially harmful effects of pesticide exposure.
оо How they are to handle the equipment to limit exposure to pesticides.
оо How to wash themselves and/or their clothes to prevent or remove
pesticide residues. 170.313(l)(1)-(4)
●● Handlers are given instruction in the safe operation of equipment used to mix,
load, transfer, or apply pesticides. 170.313(f)
●● Before any equipment is used to mix, load, transfer, or apply pesticides, it
must be inspected for leaks, clogged nozzles, worn or damaged parts. Any
faulty equipment must be repaired or replaced before use. 170.313(g)
●● Handlers that apply pesticides on an agricultural establishment are informed
about, or are aware of, the location and description of any treated areas on
the agricultural establishment where a REI is in effect, and the restrictions on
entering those areas. 170.313(h)
●● Records or other information required by WPS are provided for inspection
to an employee of EPA or any duly authorized representative of the Federal,
State, or Tribal agency responsible for pesticide enforcement. 170.313(m)

79

RESPONSIBILITIES OF EMPLOYERS TO INSTRUCT
SUPERVISORS OF HANDLERS 170.313(d) & (e)
Even if the CPHE
assigns a supervising
employee or labor
contractor to carry out
the duties required by
the WPS, the CPHE is
ultimately responsible
for making sure those
duties are performed.

If a CPHE employs anyone to supervise handlers, or hires handlers through a
labor contractor, the CPHE must provide sufficient instructions to the supervisors
and/or labor contractors to ensure that handlers receive all required WPS
protections. The instructions must specify which tasks the labor contractor and/or
supervisors are responsible for in order to comply with the WPS.
The CPHE must also require labor contractors and anyone who supervises
handlers to provide sufficient information and directions to each handler to
ensure that they can comply with the WPS provisions applicable to their duties
and tasks as a handler.
The CPHE and their supervisors must clearly understand each of the
responsibilities for complying with the WPS and ensure that they are
implemented.

CHAPTER 5

Employers can “make
transportation available”
by:
●● Taking the
employee to the
medical care
facility, or
●●

Calling an
emergency
vehicle, such as an
ambulance, or

●●

Making sure the
employee has a
ride to the medical
care facility with
someone else.

The CPHE has WPS
emergency assistance
responsibilities for
only their handlers.
An agricultural
employer has no
WPS responsibilities
for CPHE handlers
other than providing
information about
treated areas under
REIs to the CPHE
(information exchange).

80

EMERGENCY ASSISTANCE
If there is reason to believe that a handler
employed by a CPHE has experienced a
potential pesticide exposure during or within 72
hours after his or her employment, and needs
emergency medical treatment, the CPHE must
do all of the following promptly after learning of
the possible poisoning or injury:
Provide emergency transportation 170.313(k)(1)
Promptly make emergency transportation available to take the handler from the
commercial pesticide handling establishment, or any agricultural establishment
on which the handler may be working on behalf of the CPHE, to a medical care
facility capable of providing emergency medical treatment to a person exposed to
pesticides.
Provide emergency information 170.313(k)(2)
The CPHE must provide all of the following information to the treating medical
personnel:
●● Copies of the applicable safety data sheet(s) and the product name(s), EPA
registration number(s) and active ingredient(s) for each pesticide product to
which the person may have been exposed.
●● The circumstances of application or use of the pesticide on the agricultural
establishment.
●● The circumstances that could have resulted in exposure to the pesticide.

COMMERCIAL PESTICIDE HANDLER EMPLOYERS

TRAINING PESTICIDE HANDLERS
The following section provides an overview of
the key requirements for training handlers in
accordance with the WPS.
●● There is no grace period for WPS
handler training! Handlers must be
trained before performing any handling
task.
●● All handlers must be trained every 12 months. 170.501(a)
●● Employees are only exempt from WPS handler training if the handler is
currently:
оо Certified as an applicator of restricted-use pesticides.
оо Certified or licensed as a crop advisor by a program acknowledged as
appropriate in writing by EPA or the State or Tribal agency responsible for
pesticide enforcement and that includes all the topics required. 170.501(b)
●● Only qualified trainers may provide training and they must be present during
the entire training program to respond to questions (see below to determine
who is qualified to train handlers). 170.501(c)(1) & (4)
●● Training must be given orally from written materials or audio-visually using
only EPA approved training materials. 170.501(c)
●● Training must be presented in a manner employees can understand using a
translator if necessary.
●● Records of handler training must be kept for 2 years.
●● Training records must be provided to employees upon request.
●● All training requirements are effective January 2, 2017 EXCEPT the
expanded training content which is effective six months after EPA announces
the availability of training materials but not earlier than January 2, 2018.

CHAPTER 5

170.501(c)(3)

What topics must the handler training cover?
Handler training content effective January 2, 2018 is itemized in Appendix B:
Worker Protection Standard Criteria. Until January 2, 2018, WPS safety training
content remains the same as in the 1995 rule although all training materials
used after January 2, 2017 must be approved by EPA. .

The expanded content of training topics is the only requirement of handler
training that has a delayed implementation date of January 2, 2018 (or no more
than 6 months after EPA has published the availability of the training materials
but not before January 2, 2018). Handlers will have to be trained on the same
23 topics as workers, with handlers requiring an additional 13 topics (total of 36
topics). Refer to Training Criteria for Handlers in the Appendix B for information
on specific training topics.

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81

How often must handlers be trained? 170.501(a)
Once every 12 months (annually), counting from the end of the month in which
the previous training was completed.
An attendance roster of
the WPS training with
all of the training record
information meets
the recordkeeping
requirement.

The EPA does NOT
supply or issue WPS
training verification
cards.

CHAPTER 5

If a handler was
trained at another
establishment, you
may get a copy of the
training record and
keep as your record of
training. If no record
is provided, you must
provide WPS training
and maintain the
training record.

WPS training materials
that are produced by
EPA will bear the official
EPA logo and have
an EPA publication
number. WPS training
materials that have
been developed by
others and approved
by EPA will bear an
EPA approval number
and an EPA statement
of approval for use for
WPS training.

82

Training records 170.501(d)
Training records for each handler must be kept on the establishment for 2 years
from the date of training. The training record must include:
●●
●●
●●
●●
●●
●●

The handler’s printed name and signature,
The date of training,
Trainer’s name,
Evidence of the trainer’s qualification to train,
Employer’s name, and
Information to identify which EPA-approved training materials were used for
the training. (i.e., the EPA document number or EPA approval number for the
materials.)

A copy of the training record is not required to be provided to each handler
trained. However, the CPHE must provide a copy of the training record to the
trained handler if requested by the employee. Individual training record forms or
other methods of maintaining the required training information may be developed
and used to meet this requirement.

Who qualifies to be a WPS trainer? 170.501(c)(4)
The person who conducts handler training must:
●● Currently be a certified applicator of restricted-use pesticides (in any category
of certification), or
●● Currently be designated as a trainer of certified pesticide applicators or
handlers by a Federal, State, or Tribal agency having jurisdiction, or
●● Have completed an EPA-approved pesticide safety train-the-trainer program
for trainers of handlers.

How is training to be conducted? 170.501(c)(1)
Trainers of handlers must:
●● Use EPA-approved training materials,
●● Present the training orally from written materials or audio visually,
●● Present the information in a manner that the trainees can understand, using a
translator if necessary,
●● Be present at all times during training to respond to trainees’ questions, and
●● Ensure training quality by providing an environment conducive to training that
is reasonably free of distractions.

COMMERCIAL PESTICIDE HANDLER EMPLOYERS

EMPLOYER INFORMATION EXCHANGE
Whenever a commercial pesticide handler
(including crop advisors) will perform pesticide
handling tasks on an agricultural establishment,
the CPHE must provide the agricultural
employer with certain information concerning
pesticide applications being conducted on the
agricultural establishment.
The purpose of this exchange of information is to allow the agricultural employer
the opportunity to inform workers or handlers of pesticide applications made,
restricted areas, and to record and display the appropriate information.
In addition, the agricultural employer must provide certain information to the
CPHE about treated areas on the agricultural establishment. The purpose of
this exchange of information (and the requirement for the CHPE to pass it along
to the handler) is to ensure that a commercial pesticide handler is aware of
areas under REIs on an agricultural establishment close to where he/she will be
working.

Information provided to the commercial pesticide handler employer
(CPHE) from an agricultural employer 170.309(k) & 170.313(h)

Prior to the application,
the CPHE and
agricultural employer
should agree upon a
way to communicate
any changes that may
occur regarding the
pesticide application
to ensure receipt of
the information. This
information exchange
can be accomplished
through electronic
media, telephone or
other means.

CHAPTER 5

●● Before a commercial pesticide handler enters an agricultural establishment,
the agricultural employer must inform the CPHE about treated areas and any
restrictions on the establishment and the CPHE must provide that information
to the commercial pesticide handler. While it is the agricultural employer’s
responsibility to inform the CPHE, the CPHE must obtain this information so it
can be communicated to their handler employees.
●● The agricultural employer must provide to the CPHE:
оо The specific location and description of any treated areas on the
agricultural establishment under a restricted-entry interval that the
commercial pesticide handler may be in (or walk within 1/4 mile of), and
оо Any restrictions on entering those areas.
The CPHE must inform their handler of the information provided by the
agricultural employer. 170.313 (h)

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83

Information provided to an agricultural employer from a commercial
pesticide handler employer (CPHE) 170.313(i) & (j)
To allow an agricultural employer to inform workers on the establishment about
a pesticide application that is, or will be performed, the CPHE (employer of the
for-hire/custom applicator) must inform the agricultural employer of the following:

CHAPTER 5

●● The specific location and description of the area(s) on the agricultural
establishment that are to be treated with a pesticide product,
●● Date, start time and estimated end time of the pesticide application,
●● Pesticide product name, EPA registration number, and active ingredient(s),
●● REI for the pesticide product,
●● Whether the pesticide product labeling requires posting, oral notification or
both to be conducted by the agricultural employer, and
●● Any other specific requirements on the pesticide product labeling concerning
protection of workers and other persons during or after application.
It is important for
agricultural employers
to make arrangements
with the CPHE on
how they will receive
the required pesticide
application information
so they can take the
necessary steps to
protect workers and
other persons on the
establishment during
pesticide applications,
provide notification of
pesticide applications
to workers, and provide
the application and
hazard information at
the central display site.

What if the information changes?
The CPHE must provide the agricultural employer with updated information
PRIOR to the application when there are any changes to:
●●
●●
●●
●●
●●

The location to be treated,
REI,
Method of notification,
Labeling requirements to protect workers/other persons, or
The start time which will cause it to be earlier than estimated.

If the product information changes or there are other changes to the date, start
and end time, the CPHE must provide the updated information to the agricultural
employer within 2 hours after completing the application.
Changes to the estimated application end time of less than one hour do not
need to be reported to the agricultural employer.

DECONTAMINATION SUPPLIES FOR HANDLERS
To prevent, or mitigate pesticide exposures, the
commercial pesticide handler employer is required
to provide supplies to each handler for routine
washing to remove pesticide residues, emergency
decontamination, and immediate eye-flushing
in certain situations. What supplies must be
provided, when, where, and for how long are
covered in Chapter 4: Additional Handler Employer
Requirements.

84

COMMERCIAL PESTICIDE HANDLER EMPLOYERS

RETALIATION AGAINST EMPLOYEES IS PROHIBITED
The commercial pesticide handler employer, their supervisors or others cannot
intimidate, threaten, coerce or discriminate against, prevent, discourage, or fire
any handler for complying or attempting to comply with the WPS. Additionally, the
commercial pesticide handler employer cannot retaliate in any manner if:
●● Any handler refuses to participate in any activity that the handler reasonably
believes to be in violation of the WPS,
●● Any handler has, or is about to report WPS noncompliance to appropriate
authorities for enforcement of WPS provisions, or
●● Any handler agrees to provide information to the EPA or any duly authorized
representative of a Federal, State or Tribal government about WPS
compliance, or assists or participates in any manner in an investigation,
proceeding, or hearing concerning WPS compliance.

Retaliation is a serious violation of federal law (170.315)

EMPLOYER RESPONSIBILITIES FOR WPS VIOLATIONS
Penalties for noncompliance 170.317

CHAPTER 5

Commercial pesticide handler employers can be subject to civil and criminal
penalties if they do not comply with the federal WPS including all revisions
to this rule. Failure to comply is a pesticide misuse violation since the WPS
is referenced on applicable pesticide product labeling. Failure to comply with
distinct requirements of the WPS can result in independently assessable
charges, even if the violative acts occurred during one pesticide application. See
Chapter 7: Compliance with the Worker Protection Standard.

Employer responsibilities for supervisors or labor contractors
assigned to carry out WPS requirements
The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) includes
provisions that hold commercial pesticide handler employers liable for a WPS
penalty if another person employed by or acting for them, including supervisors,
fails to comply with any WPS requirements. The term “acting for” includes both
employment and contractual relationships.

WPS — How to Comply Manual

85

86

CHAPTER 5

CHAPTER 6

EXEMPTIONS AND EXCEPTIONS

WPS EXEMPTIONS FOR OWNERS OF AGRICULTURAL
ESTABLISHMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
WPS EXEMPTIONS AND EXCEPTIONS FOR CROP ADVISORS. . . . . 92

All WPS requirements are effective January 2, 2017 unless
identified for a delayed implementation of January 2, 2018.

The WPS exempts owners of agricultural establishments from many, but not
all, WPS requirements. The WPS also contains specific exemptions for crop
advisors. This chapter describes the WPS exemptions and exceptions for owners
of agricultural establishments and crop advisors.

87

WPS EXEMPTIONS FOR
OWNERS OF AGRICULTURAL
ESTABLISHMENTS 170.601
The WPS exempts owners of agricultural
establishments and members of their
immediate family from certain requirements.
It is important to note that:
●● No agricultural establishments that use WPS-labeled pesticide products are
completely exempt from the WPS requirements,
●● Owners/agricultural employers must provide full WPS protections for workers
and handlers who are not in the owners’ immediate families, and
●● Owners and their immediate family members that qualify for the exemption
must comply with some of the WPS requirements.

Definition of immediate family 170.305
The 2015 WPS definition of “immediate family” includes: spouse, parents,
stepparents, foster parents, father‐in‐law, mother‐in‐law, children, stepchildren,
foster children, sons‐in‐law, daughters‐in-law, grandparents, grandchildren,
brothers, sisters, brothers‐in‐law, sisters‐in-law, aunts, uncles, nieces, nephews,
and first cousins. “First cousin” means the child of a parent’s sibling (i.e., the child
of an aunt or uncle).

Agricultural establishments that qualify for the exemption
The exemption allowed in the WPS applies only to the owners and their
immediate family members on any agricultural establishment where a majority
of the establishment is owned by one or more members of the same immediate
family. A “majority of the establishment” means that more than 50% of the
equity in the establishment is owned by one or more members of the same
immediate family as defined above.
CHAPTER 6

If a majority of an agricultural establishment is owned by one or more members
of the same immediate family, and the remaining portion of ownership is
owned by members of another immediate family, the owner/immediate family
exemption applies to both families and their immediate family members.

88

EXEMPTIONS AND EXCEPTIONS
Owners of the agricultural establishment must provide all WPS protections for
any employees or other persons on the establishment that are NOT members of
their immediate family.
Owner means any person who has a present possessory interest (e.g., fee,
leasehold, rental, or other) in an agricultural establishment.

●●

There is no
exemption for
“family farms” per
se;

●●

The “agricultural
establishment”
itself is NOT
exempt from the
WPS;

●●

This exemption
only covers
the owner and
immediate family
members.

The agricultural owner exemptions do NOT apply if:
●● The farm, forest, nursery or enclosed space production facility is rented out or
leased out to another person that is not an immediate family member and the
owner has no part in the management or profit/loss from it.
●● A person that is not an immediate family member is hired to operate a farm,
forest, nursery or enclosed space production facility. In this case, the person
is an employee of the agricultural establishment and may be considered an
agricultural employer, but is not an owner of the agricultural establishment.

Immediate Family Exemption Examples:
When the exemption applies:
If Farmer #1 and immediate family members own 51% and Farmer #2 and
immediate family members owns 49% of the same farm, all immediate family
members of both families qualify for the immediate family exemption.

CHAPTER 6

When the exemption does NOT apply:
If Farmer #1 and Farmer #2 jointly own 51% (or more) of the farm, but are not
related as immediate family, and Farmer #3 and immediate family members
own the other 49% or less) of the same farm, NONE of the farmers/owners or
any of their immediate family members qualify for the owner and immediate
family exemption.

The immediate family
exemption is only for
owners of agricultural
establishments; there
is no immediate
family exemption for
owners of commercial
pesticide handling
establishments.

WPS — How to Comply Manual

89

Exemptions for agricultural establishment owners
Qualifying owner(s) of the agricultural establishment ARE NOT REQUIRED
to provide the following WPS protections to themselves or members of their
immediate family:
●● Minimum age for handlers and early‐entry workers. 170.309(c)
●● Provide emergency assistance. 170.309(f)
●● Provide handler training prior to cleaning, repairing or adjusting pesticide
application equipment. 170.309(g)
●● Display, maintain, and provide access to pesticide safety, pesticide
application and hazard information. 170.309(h) & 170.311
●● Keep records of pesticide application and hazard information required by
WPS. 170.309(h) & 170.311(b)
●● Provide instruction in the safe operation of equipment used for mixing,
loading, transferring or applying pesticides. 170.309(i)
●● Ensure equipment used for mixing, loading, transferring, or applying
pesticides is inspected for leaks, clogging, and worn or damaged parts and
make repairs as needed prior to use. 170.309(j)
●● Provide WPS training for workers and handlers. 170.401 & 170.501
●● Ensure knowledge of labeling, application-specific, and establishmentspecific information. 170.403 & 170.503
●● Provide visual or voice monitoring of applicator when using a pesticide
product that has the skull-and-crossbones symbol on the front panel unless
required by product label directions. 170.505(c)
●● Provide continuous visual or voice contact during fumigant applications.
170.505(d)

CHAPTER 6

●● Provide oral and posted notifications of worker entry restrictions (i.e., REIs in
effect). 170.409
●● Provide instructions on use of personal protective equipment (PPE); inspect,
clean, store, and maintain PPE; and take measures to prevent and treat
heat-related illness. 170.507(c)-(e)
●● Maintain decontamination sites and supplies. 170.411 & 170.509
●● Comply with early-entry provisions including minimum age, providing
information, maintaining PPE and instructing on its use, instructing on
how to prevent, recognize, and treat heat-related illness and providing
decontamination supplies. 170.605(a)-(c) and (e)-(j)

90

EXEMPTIONS AND EXCEPTIONS
Qualifying owners of agricultural establishments and their immediate family
members MUST COMPLY with all of the following WPS requirements when
using WPS-labeled pesticide products:
●● Follow WPS requirements for respirator training, medical evaluation, fit
testing, and recordkeeping when respirators are required on the pesticide
labeling.
●● Use the PPE listed on pesticide labeling.
●● Keep immediate family members out of the treated area until the restrictedentry interval (REI) expires.
●● Ensure pesticide is applied so it does not contact anyone, including members
of the immediate family (requirement on label and in WPS).
●● Keep everyone, including members of the immediate family, away from the
treated area during the application and the application exclusion zone.
●● Ensure that any pesticide applied is used in a manner consistent with the
product’s labeling.
●● After January 1, 2018, any handler must suspend a pesticide application if a
workers or other person is in the AEZ during an application.
The exemption does NOT apply to employees outside of immediate family.
The owner of an agricultural establishment must always provide all applicable
WPS protections to workers and handlers employed by the establishment who
are not members of the owner’s immediate family. This includes:

Any person performing
worker or handler tasks
who does not receive
a wage, salary or other
compensation is not
a worker or handler
protected by the revised
WPS, regardless of
family relationship to
the owner.

CHAPTER 6

●● Workers or handlers who are employees receiving a wage, salary or other
monetary compensation.
●● Persons other than workers or handlers, such as those who clean PPE or
repair, clean, or maintain contaminated pesticide handling equipment.

Agricultural
establishment owners
and immediate family
members are still
eligible for the allowable
exceptions to PPE,
such as using a closed
system.

WPS — How to Comply Manual

91

WPS EXEMPTIONS AND EXCEPTIONS FOR CROP
ADVISORS
Pesticide distribution as
used in the definition of
a crop advisor refers to
assessing the pesticide
coverage, dispersal,
dissemination, pattern,
etc., to determine if
there was appropriate
distribution of the
material during
application.

The WPS exemptions
for certified crop
advisors do NOT apply
to non-certified crop
advisors, including noncertified crop advisor
employees operating
under the supervision of
a certified crop advisor.

Under the WPS, a “crop advisor” is a person who assesses pest numbers,
damage, pesticide distribution or the status or requirements of agricultural plants.
The WPS does not require a “crop advisor” to have any specific certification or
training to be recognized as a crop advisor. However, certain WPS exemptions
apply only to certified crop advisors.
Non-certified crop advisors must be provided with the WPS protections required
for worker or handler activities depending on the tasks being conducted by
the crop advisor. The crop advisor employer (including the self-employed crop
advisor) is responsible for providing all required WPS protections to noncertified crop advisors.

Important definitions that apply to crop advisors
Commercial pesticide handling establishment means any enterprise, other
than an agricultural establishment, that provides pesticide handler or crop
advising services to agricultural establishments.
Certified Crop Advisor for the purposes of the WPS includes crop advisors
certified as a Professional Crop Consultant by the National Alliance of
Independent Crop Consultants (NAICC), or certified or licensed as a crop advisor
by a program approved and recognized in writing by the EPA, or a State or Tribal
agency responsible for pesticide enforcement. The approved program must cover
all of the WPS handler pesticide safety training content listed in Appendix B:
Worker Protection Standard Criteria. 170.601(b)

CHAPTER 6

Handler means any person, including a self-employed person, who is employed
by an agricultural employer or commercial pesticide handler employer and
...performs tasks as a crop advisor during any pesticide application or
restricted-entry interval, or before the inhalation exposure level listed in the
pesticide product labeling has been reached or one of the ventilation criteria
established by WPS or the pesticide product labeling has been met.
Worker means any person, including a self-employed person, who is
employed and performs activities directly relating to the production of agricultural
plants on an agricultural establishment.
Hand labor means any agricultural activity performed by hand or with hand tools
that causes a worker to have substantial contact with plants, plant parts, or soil
and other surfaces that may contain pesticide residues, except hand labor does
not include operating, moving, or repairing irrigation or watering equipment or
performing crop advisor tasks.

92

EXEMPTIONS AND EXCEPTIONS

Certified crop advisor exemptions 170.601 & 170.607(g)
Certified crop advisors are exempt from certain responsibilities under the WPS
if the pesticide application is completed and all of the following conditions are
met:
●● The crop advisor is certified or licensed as a crop advisor by a program
acknowledged as appropriate in writing by the EPA, or a State or Tribal
agency responsible for pesticide enforcement.
●● The certification or licensing program must include pesticide safety training
that has all the information required of WPS handlers as applicable
depending on the date of training (i.e., WPS handler pesticide safety training
content required before January 2, 2018 is different from training content
required after January 2, 2018 or 6 months from the date EPA announces
the availability of training materials but not before January 2, 2018). See
Appendix B: Worker Protection Standard Criteria.
●● Only crop advising tasks are performed in the treated area.
Certified crop advisors who meet the requirements listed above can determine
the appropriate PPE to wear when doing crop advising tasks during the REI. In
addition, the employer of the certified crop advisor does not have to provide:
●● The routine decontamination supplies and eye-flushing supplies for handlers.
170.509

●● Emergency assistance, including providing transportation to a medical care
facility and providing certain information to the treating medical personnel.
170.309(f) & 170.313(k)

●● Access to the labeling or inform the certified crop advisor about the labeling
and application-specific information regarding the safe use of the pesticide.
170.503(a)

●● Sufficient information and directions to the certified crop advisor to ensure
that they can comply with the WPS. 170.309(e) & 170.313(e)

CHAPTER 6

Employers of crop advisors must provide all required WPS protections to any
crop advisor employees who are not certified crop advisors.

Certified crop advisors
can self-determine
their PPE when doing
crop advising tasks
during the REI. They
do not have to wear
one of the sets of PPE
allowed for non-certified
crop advisors, which
includes handler or
early-entry worker PPE
required by the labeling
or the “universal set” of
PPE specified on pg 93.

WPS — How to Comply Manual

93

The following table summarizes some of the WPS exemptions for certified crop
advisors and the corresponding requirements for non-certified crop advisors.
There are other WPS requirements that apply to all crop advisors.
Table 5. WPS Exemptions for Crop Advisors
Certified crop advisor*
Exempt from some provisions of WPS
Self-determine PPE for entry during a
REI

Non-certified crop advisor
No exemption
Is considered a handler for entry
during an REI

Must wear PPE required for noncertified crop advisors (see page 93)
Exempt from WPS pesticide safety
Must have/receive pesticide safety
training
training
Exempt from emergency assistance
Must be provided emergency
assistance
Exempt from decontamination supply
Must have/receive decontamination
requirement
supplies
* A certified crop advisor organization must have written approval from EPA,
State or Tribal agency to qualify for WPS exemptions

CHAPTER 6

Employers of non-certified crop advisors must provide:

Crop advisors cannot
be an early-entry
worker. They must
meet the requirements
of a handler to enter
a treated area while a
REI is in effect.

●● Decontamination supplies:
оо 1 gal water/worker for routine washing.
оо 3 gal water/handler for routine washing.
●● Pesticide safety training for workers or handlers, depending on whether the
crop advisor will enter a treated area during a REI.
●● Labeling and application-specific information regarding the safe use of the
pesticide before performing any handler activities and access to the labeling.
●● PPE, care and maintenance.
●● Emergency assistance:
оо Transportation.
оо Provide the following information to treating medical personnel:
●● SDS, pesticide product name(s), EPA registration number(s), and
active ingredient(s).
●● How the person was exposed.

No exemption for entry restrictions during an application
The certified/licensed crop advisor exemption does not apply when crop advisors
or persons under their direct supervision enter an area before an application is
completed. This applies to all entry restrictions during applications for outdoor
production (AEZ) and enclosed space production facilities.

94

EXEMPTIONS AND EXCEPTIONS

PPE exceptions for crop advisors entering a treated area during a
REI 170.601(b) & 170.607
Certified crop advisors can make their own determination for the appropriate
PPE for entry into a treated area during a REI and substitute their selfdetermined set of PPE for the labeling-required PPE for themselves only.
Non-certified crop advisors performing crop advising tasks during the REI must
wear one of the three following sets of PPE, but he/she may choose between any
of the following options and select the least restrictive:
●● The labeling-required PPE for handlers,
●● The labeling-required PPE for early-entry workers, or
●● A “universal set” of PPE that is good for conducting any crop advising task
during the REI which consists of: coveralls, shoes plus socks, waterproof
gloves, and protective eyewear (if the label requires protective eyewear for
handlers).

“Coveralls” are loosefitting one- or two-piece
cloth garments that
cover the entire body
except the head, hands
and feet.

The above PPE options for non-certified crop advisors may only be used when
the following conditions are met:

Employees working under the supervision of a certified crop advisor
The CPHE, agricultural employer, or the certified crop advisors themselves (if
self-employed) must provide each employee working under the supervision of
a certified crop advisor with all required WPS protections, including the labelrequired PPE while working in a field during a REI, or PPE substitutions allowed
for non-certified crop advisors.
The certified crop advisor exemption is ONLY for a certified crop advisor
and does NOT extend to any non-certified crop advisor employees
working under their direct supervision.

If a crop advisor
is an employee
of an agricultural
establishment, they
are either a handler
or worker for that
establishment but may
use the crop advisor
PPE exception when
applicable.

Self-employed
crop advisors are
responsible for
the same WPS
requirements as a
commercial pesticide
handler establishment.

WPS — How to Comply Manual

95

CHAPTER 6

●● The application has been completed for at least four hours.
●● No entry is allowed until any inhalation exposure level listed on the pesticide
product labeling has been reached or any ventilation criteria established by
the WPS (Chapter 3, Table 1. Entry Restrictions During Enclosed Space
Production Pesticide Applications) or on the pesticide product labeling have
been met.
●● The non-certified crop advisor who enters a treated area during a REI only
performs crop advising tasks while in the treated area.

WPS training for non-certified crop advisors
Non-certified crop advisors are not exempt from WPS training requirements and
they must receive the appropriate WPS handler or worker training as appropriate
before performing any crop advising activities in a pesticide treated area.
Non-certified crop advisors are “handlers” if they enter treated areas to
conduct crop advising activities while a REI is in effect, and therefore need to be
trained as handlers.
Non-certified crop advisors are “workers” if they only enter treated areas after
the REI has ended (but within 30 days after the REI), and therefore would only
need to be trained as workers.
Non-certified crop advisors cannot be early-entry workers.
They are either workers or handlers.

Who is responsible for WPS compliance for certified or non-certified
crop advisors?
The responsibility for providing WPS training and other applicable WPS
protections to crop advisors depends upon their employment situation.
Table 6. Responsibility for Providing WPS Protections to Crop Advisors
If the crop advisor is a/an:

CHAPTER 6

Direct employee of an agricultural
establishment (e.g., Blue Sky Farms)
Employee of a commercial pesticide
handling establishment (e.g., Acme
Crop Services)
Self-employed crop advisor (certified
or non-certified) (e.g., Joe Solo Crop
Consultant)

96

The entity responsible for WPS
compliance is:
The agricultural employer must provide
WPS protections
The commercial pesticide handler
employer (CPHE) must provide WPS
protections
The crop advisor must self-provide
applicable WPS protections, including
pesticide safety training

CHAPTER 7

COMPLIANCE WITH THE WORKER
PROTECTION STANDARD
EMPLOYER RESPONSIBILITIES FOR WPS COMPLIANCE. . . . . . . . . 98
Retaliation against employees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Use of a pesticide in a manner inconsistent with its labeling. . . . 99
Employer responsibilities for supervisors or labor contractors
assigned to carry out WPS requirements. . . . . . . . . . . . . . . . . . . 100
WPS recordkeeping responsibilities. . . . . . . . . . . . . . . . . . . . . . . 100
AVOIDING DISCRIMINATION IN HIRING . . . . . . . . . . . . . . . . . . . . . . . 101
WPS PENALTIES AND FINES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
EPA’S COMPLIANCE ASSURANCE PROCESS. . . . . . . . . . . . . . . . . . 102
All WPS requirements are effective January 2, 2017 unless
identified for a delayed implementation of January 2, 2018.

97

EMPLOYER RESPONSIBILITIES FOR WPS COMPLIANCE
EPA’s goal in revising the WPS regulations is to strengthen protections for
the nation’s 2 million agricultural workers and their families working on farms,
forests, nurseries, and enclosed space production facilities (e.g., greenhouses,
mushroom houses, etc.). The 2015 revisions also ensure workers and handlers
receive workplace protections comparable to those that are already provided to
workers in other industries, while still considering the unique needs of agricultural
operations.
This manual provides information to help employers comply with the
requirements of the federal WPS for agricultural pesticides as originally
published in 1992, amended in 1995, 1996 and 2004, and revised in 2015. It
is the employer’s responsibility to understand what requirements apply to you
and to comply with all those requirements. However, EPA, states and tribes that
have the primary responsibility to implement the WPS, want to help owners and
employers on agricultural establishments to comply with the regulations. If you
have questions, contact your state agency or tribal contact. In most states, the
WPS is implemented by the state department of agriculture. You can find state
and tribal WPS contacts at the National Pesticide Information Center (NPIC).
In addition to the state or tribal contact, EPA provides information, training
materials, and other tools on its WPS website and is partnering with other groups
to provide assistance and information (see Appendix D: Contacts and Additional
Resources). You can download WPS materials at EPA’s WPS training and safety
website and at the Pesticide Educational Resources Collaborative (PERC)
website. You can order hardcopy WPS materials online at EPA’s National Service
Center for Environmental Publications (NSCEP) or by telephone at 1-800-4909198 or fax at 301-604-3408. See links below.
State and Tribal WPS contacts - http://npic.orst.edu/mlr.html
EPA’s WPS website - https://www.epa.gov/pesticide-worker-safety/agriculturalworker-protection-standard-wps
EPA’s training and safety website - https://www.epa.gov/pesticide-worker-safety/
training-and-safety-materials-implementing-worker-protection-standard
PERC website - http://pesticideresources.org/
NSCEP website - https://www.epa.gov/nscep
CHAPTER 7

While the following topics were discussed in previous chapters, they are included
here to emphasize their importance:
●● Retaliation against employees,
●● Use of a pesticide in a manner inconsistent with the label,
●● Employer responsibilities for supervisors or labor contractors assigned to
carry out WPS requirements, and
●● WPS recordkeeping responsibilities.
This chapter also includes information on avoiding discrimination in hiring, WPS
penalties and fines, and a description of EPA’s compliance assurance process.

98

COMPLIANCE WITH THE WPS

Retaliation against employees 170.315
Agricultural employers, commercial pesticide handler employers, or others
cannot intimidate, threaten, coerce or discriminate against, prevent, discourage,
or fire any worker or handler from complying or attempting to comply with the
WPS. Additionally, the agricultural employer cannot retaliate in any manner if:
●● Any worker or handler refuses to participate in any activity that the worker or
handler reasonably believes to be in violation of the WPS,
●● Any worker or handler has, or is about to report WPS noncompliance to
appropriate authorities for enforcement of WPS provisions, or
●● Any worker or handler agrees to provide information to the EPA or any duly
authorized representative of a Federal, State or Tribal agency about WPS
compliance, or assists or participates in any manner in an investigation,
proceeding, or hearing concerning WPS compliance.

Retaliation is a serious violation of federal law (170.315)
For example: If the employer or supervisor refuses to provide PPE or tells an
early-entry worker to enter a treated field during a REI without providing specific
information and PPE and the employee files a complaint to authorities, the
employer may not fire or threaten that person in any manner or allow any acts of
retaliation by any employee.

Use of a pesticide in a manner inconsistent with its labeling 170.317(a)
Agricultural employers, commercial pesticide handler employers, crop advisors,
handlers, owners of agricultural establishments and others can be subject to
federal civil and criminal penalties if found in violation of the WPS. Failure to
comply with the requirements of the WPS can result in multiple and independent
assessable charges, even if the violations occurred during one pesticide
application. Because the WPS is referenced on a pesticide product label, users
of that pesticide must comply with all of its requirements unless an exception is
allowed for in the WPS or there are product-specific directions on the pesticide
product labeling that are different from the WPS requirements. Failure to comply
is unlawful and considered a pesticide misuse violation under The Federal
Insecticide, Fungicide and Rodenticide Act (FIFRA) 12(a)(2)(G) — also known as
use of a pesticide in a manner inconsistent with its labeling.

WPS — How to Comply Manual

CHAPTER 7

Note that states or tribes may incorporate the WPS by reference (i.e., adopt
the federal regulations as their state or tribal regulations) or have their own
regulations that are equivalent to, or more stringent than, the federal WPS
regulations. Where state, tribal, or other local regulations go beyond or are
more stringent than the federal WPS regulations, agricultural employers and
commercial pesticide handler employers will have to comply with both federal
WPS requirements and all additional state, tribal, or other local requirements.

99

Employer responsibilities for supervisors or labor contractors
assigned to carry out WPS requirements 170.317(c)
The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) includes
provisions that hold owners and agricultural employers liable for a WPS penalty
if another person employed by or acting for them fails to comply with any WPS
requirements. This includes labor contractors, farm managers and/or other
supervisors in both employment and contractual relationships.
For example, an agricultural employer may hire a labor contractor to supply
workers and to provide pesticide safety training to the workers. If the labor
contractor fails to provide appropriate safety training to the workers, the
agricultural employer is still ultimately responsible for ensuring compliance with
the training requirements.

WPS recordkeeping responsibilities 170.309(m) & 170.313(m)
Agricultural employers and commercial pesticide handler employers must provide
records or other information required by WPS for inspection and copying upon
request by an employee of EPA or a duly authorized representative of a Federal,
State or Tribal agency responsible for pesticide enforcement. The required WPS
records include:

CHAPTER 7

The WPS requirements
for decontamination
supplies do NOT
preclude employers
from having to comply
with the OSHA Field
Sanitation Standard
or other OSHA hazard
communication
requirements that are
intended to protect
workers and handlers
from agricultural
non-pesticide hazards.
170.317(d)

100

●● Documentation of pesticide safety training for workers or handlers.
●● Application information and safety data sheets.
●● Documentation of respirator medical evaluations, fit testing and training, if
pesticide product labeling requires the use of respirators.

COMPLIANCE WITH THE WPS

AVOIDING DISCRIMINATION IN HIRING
Refusing to hire an applicant who cannot understand the language or languages
in which training is usually provided may constitute discrimination on the basis
of national origin. Such discrimination is actionable under Title VII of the Civil
Rights Act of 1964 or the Immigration Reform and Control Act of 1986 (IRCA).
For more information about your responsibilities under Title VII of the Civil Rights
Act of 1964, contact the U.S. Equal Employment Opportunity Commission. For
details about IRCA anti-discrimination provisions, contact the Special Counsel for
Immigration-Related Unfair Employment Practices, U.S. Department of Justice.
A language barrier does not exempt an employer from providing training or
other responsibilities of the WPS. Even if training is not normally provided
in the particular language of a job applicant, or if a translator is not readily
available, employers (including agricultural employers or commercial pesticide
handler employers) are still responsible to provide the protections afforded
under the WPS.

WPS PENALTIES AND FINES

CHAPTER 7

Currently, a federal civil penalty of up to $2,750 per violation may be assessed
against private applicators (owners/operators of agricultural establishments) and
other persons, and up to $18,750 per violation against commercial applicators
(owners/operators of pesticide handler establishments) and other persons. Since
Congress passed the Civil Monetary Penalty Inflation Adjustment Rule under
the Debt Collection Improvement Act of 1996, as amended by the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015, civil penalties have
been increased due to inflation and Congress’ intent on creating deterrence to
noncompliance. The next civil penalty adjustment is expected to occur in January
2017.

WPS — How to Comply Manual

101

EPA’S COMPLIANCE ASSURANCE PROCESS
EPA, state, and some tribes usually monitor compliance with WPS regulations
through periodic inspections. Your establishment may be inspected if it was
the subject of a complaint or tip, was randomly selected, or was targeted for
inspection.
The inspector will gather information to assess whether your establishment is in
compliance with the WPS requirements. You should accompany the inspector
and ask questions if you are unclear about any WPS requirements.
If violations of law are identified and documented properly as a result of
an inspection, pesticide regulatory agencies may initiate a civil or criminal
enforcement action. EPA typically initiates a civil enforcement action by filing an
administrative complaint with the Office of Administrative Law Judges, pursuant
to the procedural rule set forth in 40 CFR, Part 22. EPA may also initiate a
criminal action in federal court to address knowing and willful FIFRA violations.
Typical types of enforcement actions include the following:
●● A warning letter.
●● An administrative order.
●● An administrative order with penalty.
●● A civil lawsuit.
●● Criminal prosecution.

CHAPTER 7

The penalty in a given case will depend on many things, including:
●● The number, length, and severity of the violations,
●● The economic benefit obtained by the violator, and
●● The violator’s ability to pay.

102

APPENDIX A

WORKER PROTECTION STANDARD DEFINITIONS
These definitions will help you determine whether you are affected by the WPS.
The following key terms have very specific meanings in the WPS. 170.305
Note: These definitions may be different from definitions found in state
and other federal laws and regulations.
Agricultural employer - any person who is an owner of, or is responsible for the
management or condition of, an agricultural establishment, and who employs any
worker or handler.
Agricultural establishment - any farm, forest operation, or nursery engaged in
the outdoor or enclosed space production of agricultural plants. An establishment
that is not primarily agricultural is an agricultural establishment if it produces
agricultural plants for transplant or use (in part or their entirety) in another
location instead of purchasing the agricultural plants.
Agricultural plant - any plant, or part thereof, grown, maintained, or otherwise
produced for commercial purposes, including growing, maintaining or otherwise
producing plants for sale, trade, for research or experimental purposes, or for use
in part or their entirety in another location. Agricultural plant includes, but is not
limited to, grains, fruits and vegetables; wood fiber or timber products; flowering
and foliage plants and trees; seedlings and transplants; and turf grass produced
for sod. Agricultural plant does not include pasture or rangeland used for grazing.
Application exclusion zone (AEZ) - the area surrounding the application
equipment that must be free of all persons other than appropriately trained and
equipped handlers during pesticide applications.
Chemigation - the application of pesticides through irrigation systems.
Closed system - an engineering control used to protect handlers from pesticide
exposure hazards when mixing and loading pesticides.

The commercial
pesticide handling
establishment is the
business that is owned
or operated by the
commercial pesticide
handler employer.

Commercial pesticide handler employer (CPHE) - any person, other than an
agricultural employer, who employs any handler to perform handler activities on
an agricultural establishment. A labor contractor who does not provide pesticide
application services or supervise the performance of handler activities, but
merely employs laborers who perform handler activities at the direction of an
agricultural or handler employer, is not a commercial pesticide handler employer.
Commercial pesticide handling establishment – any enterprise, other than
an agricultural establishment, that provides pesticide handler or crop advising
services to agricultural establishments.

103

The definition of “Crop
Advisor” applies to
either certified or noncertified crop advisor.

Crop advisor - any person who is assessing pest numbers or damage, pesticide
distribution, or the status or requirements of agricultural plants.

Designated representative – any persons designated in writing by a worker or
handler to exercise a right of access on behalf of the worker or handler to request
and obtain a copy of the pesticide application and hazard information required by
Pesticide distribution as 40 CFR 170.309(h) in accordance with 40 CFR 170.311(b).
used in the definition of
a crop advisor refers to
assessing the pesticide
coverage, dispersal,
dissemination, pattern,
etc., to determine if
there was appropriate
distribution of the
material during
application.

Early entry – entry by a worker into a treated area on the agricultural
establishment after a pesticide application is complete, but before any restrictedentry interval for the pesticide has expired.
Employ - to obtain, directly or through a labor contractor, the services of a
person in exchange for a salary or wages, including piece-rate wages, without
regard to who may pay or who may receive the salary or wages. It includes
obtaining the services of a self-employed person, an independent contractor,
or a person compensated by a third party, except that it does not include an
agricultural employer obtaining the services of a handler through a commercial
pesticide handler employer or a commercial pesticide handling establishment.
Enclosed cab – a cab with a nonporous barrier that totally surrounds the
occupant(s) of the cab and prevents dermal contact with pesticides that are being
applied outside of the cab.
Enclosed space production - production of an agricultural plant indoors or in a
structure or space that is covered in whole or in part by any nonporous covering
and that is large enough to permit a person to enter.
Fumigant – any pesticide that is a vapor or gas, or forms a vapor or gas upon
application, and whose pesticidal action is achieved through the gaseous or
vapor state.

APPENDIX

Hand labor – any agricultural activity performed by hand or with hand tools that
causes a worker to have substantial contact with plants, plant parts, or soil or
other surfaces that may contain pesticide residues, except that hand labor does
not include operating, moving, or repairing irrigation or watering equipment or
performing crop advisor tasks.
The term “Handler”
does not include any
person who is only
handling unopened
pesticide containers or
pesticide containers
that have been emptied
and cleaned according
to pesticide product
labeling instructions.

104

Handler – any person, including a self-employed person, who is employed by
an agricultural employer or commercial pesticide handler employer and performs
any of the following activities:
●● Mixing, loading or applying pesticides,
●● Disposing of a pesticide,
●● Handling opened containers of pesticides, emptying, triple-rinsing, or cleaning
pesticide containers according to pesticide product labeling instructions or
disposing of pesticide containers that have not been cleaned,
●● Acting as a flagger,
●● Cleaning, adjusting, handling, or repairing the parts of mixing, loading or
application equipment that may contain pesticide residues,

WPS DEFINITIONS

APPENDIX A

●● Assisting with the application of pesticides,
●● Entering an enclosed space after the application of a pesticide and before
the inhalation exposure level listed in the labeling has been reached or one
of the ventilation criteria established by WPS or the labeling has been met
to operate ventilation equipment, monitor air levels, or adjust or remove
coverings used in fumigation,
●● Entering a treated area outdoors after application of any soil fumigant during
the labeling-specified entry-restricted period to adjust or remove coverings
used in fumigation, and
●● Performing tasks as a crop advisor during any pesticide application or
restricted-entry interval, or before the inhalation exposure level listed in the
pesticide product labeling has been reached or one of the ventilation criteria
established by WPS or the pesticide product labeling has been met.
Handler employer – any person who is self-employed as a handler or who
employs any handler.
Immediate family – is limited to the spouse, parents, stepparents, foster parents,
father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law,
daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law,
sisters-in-law, aunts, uncles, nieces, nephews, and first cousins. “First cousin”
means the child of a parent’s sibling, i.e., the child of an aunt or uncle.
Labor contractor – a person, other than a commercial pesticide handler, who
employs workers or handlers to perform tasks on an agricultural establishment
for an agricultural employer or a commercial pesticide handler employer.
Outdoor production – production of an agricultural plant in an outside area that
is not enclosed or covered in any way that would obstruct the natural airflow.

Personal protective equipment (PPE) – devices and apparel that are worn to
protect the body from contact with pesticides or pesticide residues, including,
but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves,
chemical-resistant footwear, respirators, chemical-resistant aprons, chemicalresistant headgear, and protective eyewear.
Restricted-entry interval (REI) - the time after the end of a pesticide application
during which entry into the treated area is restricted.
Safety data sheet (SDS) – has the same meaning as the definition at 29 CFR
1910.1200(c).

The SDS (formerly
called a MSDS) is
written or printed
material concerning a
hazardous chemical
that is prepared by the
manufacturer or the
company importing the
product describing the
physical and chemical
properties of the
product according to
specific guidelines.

Treated area - any area to which a pesticide is being directed or has been
directed.

WPS — How to Comply Manual

105

APPENDIX

Owner - any person who has a present possessory interest (fee, leasehold,
rental, or other) in an agricultural establishment. A person who has both leased
such agricultural establishment to another person and granted that same person
the right and full authority to manage and govern the use of such agricultural
establishment is not an owner for purposes of this part.

Use – as in “to use a pesticide” means any of the following:
●●
●●
●●
●●

Pre-application activities, including, but not limited to:
Arranging for the application of the pesticide,
Mixing and loading the pesticide,
Making necessary preparations for the application of the pesticide, including
responsibilities related to worker notification, training of workers or handlers,
providing decontamination supplies, providing pesticide safety information
and pesticide application and hazard information, use and care of personal
protective equipment, providing emergency assistance, and heat stress
management.
●● Application of the pesticide.
●● Post-application activities intended to reduce the risks of illness and
injury resulting from handlers’ and workers’ occupational exposures to
pesticide residues during and after the restricted-entry interval, including
responsibilities related to worker notification, training of workers or early-entry
workers, providing decontamination supplies, providing pesticide safety
information and pesticide application and hazard information, use and care
of personal protective equipment, providing emergency assistance, and heat
stress management.
●● Other pesticide-related activities, including, but not limited to, transporting
or storing pesticides that have been opened, cleaning equipment, and
disposing of excess pesticides, spray mix, equipment wash waters, pesticide
containers, and other pesticide containing materials.
Worker – any person, including a self-employed person, who is employed and
performs activities directly relating to the production of agricultural plants on an
agricultural establishment.

APPENDIX

Worker housing area – any place or area of land on or near an agricultural
establishment where housing or space for housing is provided for workers or
handlers by an agricultural employer, owner, labor contractor, or any other person
responsible for the recruitment or employment of agricultural workers.

106

APPENDIX B

WORKER PROTECTION STANDARD CRITERIA
CRITERIA FOR PESTICIDE SAFETY INFORMATION DISPLAY. . . . . 108
CRITERIA TO QUALIFY AS A WPS TRAINER . . . . . . . . . . . . . . . . . . . 109
CRITERIA FOR WORKER TRAINING. . . . . . . . . . . . . . . . . . . . . . . . . . 109
CRITERIA FOR HANDLER TRAINING . . . . . . . . . . . . . . . . . . . . . . . . . 112
CRITERIA FOR WPS TRAIN-THE-TRAINER PROGRAMS . . . . . . . . . 115
MEDICAL RECOMMENDATION AND RECORDKEEPING FOR
RESPIRATORS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
OSHA-ACCEPTED RESPIRATOR FIT TESTING PROCEDURES. . . . 116
RESPIRATOR TRAINING CRITERIA REQUIRED BY WPS. . . . . . . . . 116

An updated pesticide safety information display poster and updated worker and
handler training content will be developed before January 2, 2018.

107

CRITERIA FOR PESTICIDE SAFETY INFORMATION
DISPLAY
Pesticide safety information can be either the WPS safety information poster
developed by EPA, or an equivalent way of providing information on the following
safety concepts. Agricultural employers may use the EPA safety posters or
display the information in an alternate format that complies with the WPS
requirements.
Before January 2, 2018, the pesticide safety information consistent with the
2005 WPS does not change. The content of the safety information may contain
either the information consistent with the current EPA pesticide safety poster
based on the 1995 WPS or the information required by the 2015 WPS revision.
After January 2, 2018, the pesticide safety information must include all of the
points listed below:

APPENDIX

●● Avoid getting on the skin or into the body any pesticides that may be on
or in plants, soil, irrigation water, tractors, and other equipment, on used
personal protective equipment, or drifting from nearby applications.
●● Wash before eating, drinking, using chewing gum or tobacco, or using the
toilet.
●● Wear work clothing that protects the body from pesticide residues (longsleeved shirts, long pants, shoes and socks, and a hat or scarf).
●● Wash or shower with soap and water, shampoo hair, and put on clean
clothes after work.
●● Wash work clothes separately from other clothes before wearing them
again.
●● If pesticides are spilled or sprayed on the body use decontamination
supplies to wash immediately, or rinse off in the nearest clean water,
including springs, streams, lakes or other sources if more readily available
than decontamination supplies, and as soon as possible, wash or shower
with soap and water, shampoo hair, and change into clean clothes.
●● Follow directions about keeping out of treated areas and application
exclusion zones.
●● Instructions to employees to seek medical attention as soon as possible if
they believe they have been poisoned, injured, or made ill by pesticides.
●● The name, address, and telephone number of a nearby operating medical
care facility capable of providing emergency medical treatment. This
information must be clearly identified as emergency medical contact
information on the display.
●● The name, address, and telephone number of the state or tribal pesticide
regulatory agency.

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WPS CRITERIA

APPENDIX B

CRITERIA TO QUALIFY AS A WPS TRAINER
The person who conducts worker training must:
●● Currently be certified as an applicator of restricted-use pesticides (in any
category of certification), or
●● Currently be designated as a trainer of certified pesticide applicators,
handlers or workers, by the EPA, or a State or Tribal agency responsible for
pesticide enforcement, or
●● Have completed an EPA-approved pesticide safety train-the-trainer program
for trainers of workers.
WPS trained handlers may NOT train workers unless they meet one of these
qualifications for conducting worker training.
The person who conducts handler training must:
●● Currently be certified as an applicator of restricted-use pesticides (in any
category of certification), or
●● Currently be designated as a trainer of certified pesticide applicators or
handlers by EPA, or a State or Tribal agency responsible for pesticide
enforcement, or
●● Have completed an EPA-approved pesticide safety train-the-trainer program
for trainers of handlers.

CRITERIA FOR WORKER TRAINING
As of January 2, 2017, all WPS training materials must be approved by EPA.
WPS training materials produced by EPA will bear the official EPA logo and have
an EPA publication number. WPS training materials that have been developed
by others and approved by EPA will bear an EPA approval number and an EPA
statement of approval for use in WPS training.
Until January 2, 2018: WPS training materials for workers must include at least
the following information:

WPS — How to Comply Manual

APPENDIX

1. Where and in what form pesticides may be encountered during work
activities.
2. Hazards of pesticides resulting from toxicity and exposure, including acute
effects, chronic effects, delayed effects, and sensitization.
3. Routes through which pesticides can enter the body.
4. Signs and symptoms of common types of pesticide poisoning.
5. Emergency first aid for pesticide injuries or poisonings.
6. How to obtain emergency medical care.
7. Routine and emergency decontamination procedures, including emergency
eyeflushing techniques.
8. Hazards from chemigation and drift.
9. Hazards from pesticide residues on clothing.
10. Warnings about taking pesticides or pesticide containers home.
11. An explanation of the WPS requirements designed to protect workers,
including application and entry restrictions, design of the warning sign,
posting of warning signs, oral warnings, availability of specific information
about applications, and protection against retaliatory acts.

109

After January 2, 2018 (or six months after EPA announces the availability of
training materials but not earlier than January 2, 2018) the content of worker
training materials must be approved by EPA and must include, at a minimum, all
of the following topics:

APPENDIX

1. The responsibility of agricultural employers to provide workers and handlers
with information and protections designed to reduce work-related pesticide
exposures and illnesses. This includes:
●● Ensuring workers and handlers have been trained on pesticide safety,
●● Providing pesticide safety and application and hazard information,
decontamination supplies and emergency medical assistance,
●● Notifying workers of restrictions during applications and on entering
pesticide treated areas, and
●● Informing a worker or handler that they may designate in writing a
representative to request access to pesticide application and hazard
information.
2. How to recognize and understand the meaning of the posted warning signs
used for notifying workers of restrictions on entering pesticide treated areas
on the establishment.
3. How to follow directions and/or signs about keeping out of pesticide treated
areas subject to a REI and application exclusion zones.
4. Where and in what forms pesticides may be encountered during work
activities, and potential sources of pesticide exposure on the agricultural
establishment. This includes exposure to pesticide residues that may be on
or in plants, soil, tractors, application and chemigation equipment, or used
PPE, and that pesticides may drift through the air from nearby applications or
be in irrigation water.
5. Potential hazards from toxicity and exposure that pesticides present to
workers and their families, including acute and chronic effects, delayed
effects, and sensitization.
6. Routes through which pesticides can enter the body.
7. Signs and symptoms of common types of pesticide poisoning.
8. Emergency first aid for pesticide injuries or poisonings.
9. Routine and emergency decontamination procedures, including emergency
eye flushing techniques, and if pesticides are spilled or sprayed on the
body to use decontamination supplies to wash immediately or rinse off in
the nearest clean water, including springs, streams, lakes or other sources
if more readily available than decontamination supplies, and as soon as
possible, wash or shower with soap and water, shampoo hair, and change
into clean clothes.

110

WPS CRITERIA

APPENDIX B

APPENDIX

10. How and when to obtain emergency medical care.
11. When working in pesticide treated areas, wear work clothing that protects the
body from pesticide residues and wash hands before eating, drinking, using
chewing gum or tobacco, or using the toilet.
12. Wash or shower with soap and water, shampoo hair, and change into clean
clothes as soon as possible after working in pesticide treated areas.
13. Potential hazards from pesticide residues on clothing.
14. Wash work clothes before wearing them again and wash them separately
from other clothes.
15. Do not take pesticides or pesticide containers used at work to your home.
16. Safety data sheets provide hazard, emergency medical treatment and other
information about the pesticides used on the establishment they may come
in contact with. The responsibility of agricultural employers to do all of the
following:
●● Display safety data sheets for all pesticides used on the establishment.
●● Provide workers and handlers information about the location of the safety
data sheets on the establishment.
●● Provide workers and handlers unimpeded access to safety data sheets
during normal work hours.
17. The rule prohibits agricultural employers from allowing or directing any worker
to mix, load or apply pesticides or assist in the application of pesticides
unless the worker has been trained as a handler.
18. The responsibility of agricultural employers to provide specific information to
workers before directing them to perform early-entry activities. Workers must
be 18 years old to perform early-entry activities.
19. Potential hazards to children and pregnant women from pesticide exposure.
20. Keep children and nonworking family members away from pesticide treated
areas.
21. After working in pesticide treated areas, remove work boots or shoes before
entering your home, and remove work clothes and wash or shower before
physical contact with children or family members.
22. How to report suspected pesticide use violations to the State or Tribal agency
responsible for pesticide enforcement.
23. The rule prohibits agricultural employers from intimidating, threatening,
coercing, or discriminating against any worker or handler for complying
with or attempting to comply with the requirements of this rule, or because
the worker or handler provided, caused to be provided or is about to
provide information to the employer or the EPA or its agents regarding
conduct that the employee reasonably believes violates this part, and/or
made a complaint, testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing concerning compliance with this rule.

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111

CRITERIA FOR HANDLER TRAINING
As of January 2, 2017, all WPS training materials must be approved by EPA.
WPS training materials produced by EPA will bear the official EPA logo and have
an EPA publication number. WPS training materials that have been developed
by others and approved by EPA will bear an EPA approval number and an EPA
statement of approval for use for WPS training.
Until January 2, 2018: WPS training materials for handlers must include at least
the following information:
1. Format and meaning of information on pesticide labels and in labeling,
including safety information such as precautionary statements about human
health hazards.
2. Hazards of pesticides resulting from toxicity and exposure, including acute
effects, chronic effects, delayed effects, and sensitization.
3. Routes through which pesticides can enter the body.
4. Signs and symptoms of common types of pesticide poisoning.
5. Emergency first aid for pesticide injuries or poisonings.
6. How to obtain emergency medical care.
7. Routine and emergency decontamination procedures, including emergency
eyeflushing techniques.
8. Need for and appropriate use of personal protective equipment.
9. Prevention, recognition, and first aid treatment of heat-related illness.
10. Safety requirements for handling, transporting, storing, and disposing of
pesticides, including general procedures for spill cleanup.
11. Environmental concerns such as drift, runoff, and wildlife hazards.
12. Warnings about taking pesticides or pesticide containers home.
13. An explanation of WPS requirements that handler employers must follow
for the protection of handlers and others, including the prohibition against
applying pesticides in a manner that will cause contact with workers or
other persons, the requirement to use personal protective equipment, the
provisions for training and decontamination, and the protection against
retaliatory acts.
After January 2, 2018 (or six months after EPA announces the availability of
training materials but not earlier than January 2, 2018) the content of handler
training materials must be approved by EPA and must include, at a minimum, all
of the following topics:

APPENDIX

1. The responsibility of agricultural employers to provide workers and handlers
with information and protections designed to reduce work-related pesticide
exposures and illnesses. This includes:
●● Ensuring workers and handlers have been trained on pesticide safety,
●● Providing pesticide safety and application and hazard information,
●● Providing decontamination supplies and emergency medical assistance,
●● Notifying workers of restrictions during applications and on entering
pesticide treated areas, and
●● Informing workers or handlers that they may designate, in writing, a
representative to request access to pesticide application and hazard
information.

112

WPS CRITERIA

APPENDIX B

WPS — How to Comply Manual

APPENDIX

2. How to recognize and understand the meaning of the posted warning signs
used for notifying workers of restrictions on entering pesticide treated areas
on the establishment.
3. How to follow directions and/or signs about keeping out of pesticide treated
areas subject to a REI and application exclusion zones (AEZ).
4. Where and in what forms pesticides may be encountered during work
activities, and potential sources of pesticide exposure on the agricultural
establishment. This includes exposure to pesticide residues that may be on
or in plants, soil, tractors, application and chemigation equipment, or used
PPE, and that pesticides may drift through the air from nearby applications or
be in irrigation water.
5. Potential hazards from toxicity and exposure that pesticides present to
workers, handlers and their families, including acute and chronic effects,
delayed effects, and sensitization.
6. Routes through which pesticides can enter the body.
7. Signs and symptoms of common types of pesticide poisoning.
8. Emergency first aid for pesticide injuries or poisonings.
9. Routine and emergency decontamination procedures, including emergency
eye flushing techniques, and if pesticides are spilled or sprayed on the
body to use decontamination supplies to wash immediately or rinse off in
the nearest clean water, including springs, streams, lakes or other sources
if more readily available than decontamination supplies, and as soon as
possible, wash or shower with soap and water, shampoo hair, and change
into clean clothes.
10. How and when to obtain emergency medical care.
11. When working in pesticide treated areas, wear work clothing that protects the
body from pesticide residues and wash hands before eating, drinking, using
chewing gum or tobacco, or using the toilet.
12. Wash or shower with soap and water, shampoo hair, and change into clean
clothes as soon as possible after working in pesticide treated areas.
13. Potential hazards from pesticide residues on clothing.
14. Wash work clothes before wearing them again and wash them separately
from other clothes.
15. Do not take pesticides or pesticide containers used at work to your home.
16. Safety data sheets provide hazard, emergency medical treatment and other
information about the pesticides used on the establishment they may come
in contact with. It is the responsibility of agricultural employers to do all of the
following:
●● Display safety data sheets (SDS) for all pesticides used on the
establishment.
●● Provide workers and handlers information about the location of the SDS
on the establishment.
●● Provide workers and handlers unimpeded access to SDS during normal
work hours.
17. The rule prohibits agricultural employers from allowing or directing any worker
to mix, load or apply pesticides or assist in the application of pesticides
unless the worker has been trained as a handler.
18. The responsibility of agricultural employers to provide specific information to
workers before directing them to perform early-entry activities. Workers must
be 18 years old to perform early-entry activities.

113

APPENDIX

19. Potential hazards to children and pregnant women from pesticide exposure.
20. Keep children and nonworking family members away from pesticide treated
areas.
21. After working in pesticide treated areas, remove work boots or shoes before
entering your home, and remove work clothes and wash or shower before
physical contact with children or family members.
22. How to report suspected pesticide use violations to the State or Tribal agency
responsible for pesticide enforcement.
23. The rule prohibits agricultural employers from intimidating, threatening,
coercing, or discriminating against any worker or handler for complying
with or attempting to comply with the requirements of this rule, or because
the worker or handler provided, caused to be provided or is about to
provide information to the employer or the EPA or its agents regarding
conduct that the employee reasonably believes violates this part, and/or
made a complaint, testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing concerning compliance with this rule.
24. Information on proper application and use of pesticides.
25. Handlers must follow the portions of the labeling applicable to the safe use of
the pesticide.
26. Format and meaning of information contained on pesticide labels and in
labeling applicable to the safe use of the pesticide.
27. Need for and appropriate use and removal of all PPE.
28. How to recognize, prevent, and provide first aid treatment for heat-related
illness.
29. Safety requirements for handling, transporting, storing, and disposing of
pesticides, including general procedures for spill cleanup.
30. Environmental concerns, such as drift, runoff, and wildlife hazards.
31. Handlers must not apply pesticides in a manner that results in contact with
workers or other persons.
32. The responsibility of handler employers to provide handlers with information
and protections designed to reduce work-related pesticide exposures and
illnesses. This includes:
●● Providing, cleaning, maintaining, storing, and ensuring proper use of all
required PPE,
●● Providing decontamination supplies, and
●● Providing specific information about pesticide use and labeling
information.
33. Handlers must suspend a pesticide application if workers or other persons
are in the application exclusion zone (AEZ).
34. Handlers must be at least 18 years old.
35. The responsibility of handler employers to ensure handlers have received
respirator fit-testing, training and medical evaluation if they are required to
wear a respirator by the product labeling.
36. The responsibility of agricultural employers to post treated areas as required
by this rule.

114

WPS CRITERIA

APPENDIX B

CRITERIA FOR WPS TRAIN-THE-TRAINER PROGRAMS
Persons seeking to become trainers of workers and handlers must be qualified
to train. One way to qualify is by completing an EPA approved train-the-trainer
(TTT) program. This requirement becomes effective on January 2, 2017.
EPA has prepared a comprehensive guidance document to facilitate the
development of WPS train-the-trainer programs that meet EPA requirements. A
few of the key points are presented below.
How to request EPA’s approval of a WPS TTT program: You may request
approval for a train-the-trainer program by email. The email submission to EPA
should include:
●● The requester’s name, affiliation, contact information (email, telephone
number),
●● The materials in English,
●● Whether the program covers trainers of workers, handlers, or both,
●● Method of delivery (in-person, online, audiovisual, other media),
●● Non-English language translations planned & how translation will be verified
as accurate, and
●● If documentation of trainer’s successful completion of the course will be
provided, list the contents and, if possible, provide an example form.
All submissions should be sent electronically by email to all of the following:
●● Kathy Davis, at davis.kathy@epa.gov
●● Jeanne Kasai at kasai.jeanne@epa.gov
●● EPA Regional WPS Coordinator
Format: The materials should be in an electronic draft form to allow for editing
based on EPA comments.
Language: The materials should be submitted in English.
Training content: The materials should provide instruction on providing training
that covers the worker training content (170.401(c)(3)(i)-(xxiii)) and/or handler
training content (170.501(c)(3)(i)-(xiv)) required by the rule as published on
November 2, 2015.

APPENDIX

Specific guidance is available on the website at:
https://www.epa.gov/pesticide-worker-safety/worker-protection-standard-traintrainer-programs-approval-process-and

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115

MEDICAL RECOMMENDATION AND RECORDKEEPING
FOR RESPIRATORS
In determining the employee’s ability to use a respirator, the handler employer
must obtain a written recommendation regarding the employee’s ability to use the
respirator from the physician or other licensed health care professional (PLHCP).
The recommendation must provide only the following information:
1. Any limitations on respirator use related to the medical condition of the
employee, or relating to the workplace conditions in which the respirator will
be used, including whether or not the employee is medically able to use the
respirator;
2. The need, if any, for follow-up medical evaluations; and
3. Verification that the PLHCP has provided the employee with a copy of the
PLHCP’s written recommendation.
A copy of this medical recommendation from the PLHCP fulfills the
required WPS record of the medical evaluation. Maintain the copy of the
written determination (medical release) for at least 2 years, or until a subsequent
medical evaluation is conducted.
The employer should not see or have a copy of the handler’s medical evaluation
questionnaire, which contains private medical information.

OSHA-ACCEPTED RESPIRATOR FIT TESTING
PROCEDURES
The OSHA-accepted fit testing procedures are taken directly from the OSHA
regulations and due to the length of the document, the procedures in their
entirety may be found on the OSHA website at: www.osha.gov/pls/oshaweb/
owadisp.show_document?p_table=STANDARDS&p_id=9780

RESPIRATOR TRAINING CRITERIA REQUIRED BY WPS
The handler employer must ensure each handler can demonstrate knowledge of
at least the following:

APPENDIX

1. Why the respirator is necessary and how improper fit, usage, or maintenance
can compromise the protective effect of the respirator;
2. What the limitations and capabilities of the respirator are;
3. How to use the respirator effectively in emergency situations, including
situations in which the respirator malfunctions;
4. How to inspect, put on and remove, use, and check the seals of the
respirator;
5. What the procedures are for maintenance and storage of the respirator; and
6. How to recognize medical signs and symptoms that may limit or prevent the
effective use of respirators.

116

APPENDIX C

WORKER PROTECTION STANDARD CHECKLISTS
WPS REQUIREMENTS FOR AGRICULTURAL EMPLOYERS OF
WORKERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
WPS REQUIREMENTS FOR AGRICULTURAL EMPLOYERS OF
HANDLERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
WPS REQUIREMENTS FOR THE USE OF RESPIRATORS . . . . . . . . 120
WPS REQUIREMENTS FOR COMMERCIAL PESTICIDE HANDLER
EMPLOYERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
WPS REQUIREMENTS FOR AGRICULTURAL ESTABLISHMENT
OWNERS AND IMMEDIATE FAMILY MEMBERS. . . . . . . . . . . . . . . . . 122
WPS EXEMPTIONS FOR AGRICULTURAL ESTABLISHMENT
OWNERS AND IMMEDIATE FAMILY MEMBERS. . . . . . . . . . . . . . . . . 123

117

WPS REQUIREMENTS FOR AGRICULTURAL
EMPLOYERS OF WORKERS (Chapters 2 & 3)

☐☐Complete WPS worker training before conducting worker tasks.
☐☐Keep records of WPS worker training and provide record to workers if
requested.

☐☐Display pesticide safety information at the central location and, if applicable,
decontamination locations.

☐☐Display pesticide application and hazard information at the central location.
☐☐Keep records of the pesticide application and hazard information for 2 yrs.
☐☐Provide establishment-specific information to workers.
☐☐Provide pesticide application and hazard information upon request of worker,
medical personnel or designated representative.

☐☐Notify workers of applications – posting, oral warning, or both.
☐☐Provide information (Information Exchange) to Commercial Pesticide Handler
Employer (CPHE) (i.e., custom application or crop advisor).

☐☐Provide tasks and instructions to worker supervisors to ensure compliance
with WPS requirements.

☐☐Ensure supervisors give directions to workers for WPS compliance.
☐☐Ensure workers do not work on pesticide equipment without receiving handler
training. Ensure any individual not directly employed receives information on
pesticides before using, cleaning, repairing, etc. pesticide equipment.

☐☐Follow restrictions DURING applications to keep workers and other persons
out of certain areas (treated area and AEZ, or enclosed space production
facility).

☐☐Follow other restrictions DURING applications (do not contact worker or other
person directly or through drift; and applicator must temporarily suspend the
application if workers or other persons are in the AEZ or enclosed space
production facility).

☐☐Follow restrictions AFTER applications (i.e., REI, label restrictions, etc.).
☐☐Provide decontamination supplies at required locations.
☐☐Make emergency assistance available (information and transportation).
☐☐Have EARLY-ENTRY WORKERS?
☐☐Minimum age of 18 years old for early-entry workers.
☐☐Provide clean PPE in operating condition to early-entry workers.
☐☐Provide information to early-entry workers and comply with applicable
APPENDIX

early entry exception.

118

WPS CHECKLISTS

APPENDIX C

WPS REQUIREMENTS FOR AGRICULTURAL
EMPLOYERS OF HANDLERS (Chapters 2 & 4)

☐☐Ensure handlers are a minimum of 18 years old.
☐☐Complete WPS handler training before conducting handler tasks.
☐☐Keep records of WPS handler training and provide record to handlers if requested.
☐☐Display pesticide safety information at the central location and, if applicable, decontamination
locations.

☐☐Display pesticide application and hazard information at the central location.
☐☐Keep records of the pesticide application information and SDSs for 2 yrs.
☐☐Provide establishment-specific information to handlers.
☐☐Provide pesticide application information and SDSs on request of handler, medical personnel or
designated representative.

☐☐Provide handler with training/instruction on safe operation of pesticide equipment and all
application equipment is inspected daily for leaks, etc. and repaired if necessary.

☐☐Read to, or inform, handlers of pesticide label statements related to human hazards, first aid &
safety, in a manner they can understand.

☐☐Have pesticide label available to handler at all times during application.
☐☐Provide tasks and instructions to handler supervisors to ensure compliance with WPS
requirements.

☐☐Ensure supervisors give directions to handlers for WPS compliance.
☐☐Provide information (Information Exchange) to Commercial Pesticide Handler Employer (CPHE)
(i.e., custom application or crop advisor).

☐☐Ensure handlers do not work on pesticide equipment without receiving handler training. Ensure
any individual not directly employed receives information on pesticides before using, cleaning,
repairing, etc. pesticide equipment.

☐☐Provide clean PPE in operating condition to handlers.
☐☐Only exceptions to handler PPE are those allowed by WPS.
☐☐Follow restrictions DURING applications to keep workers and other persons out of certain areas
(treated area and AEZ or enclosed space production area).

☐☐Follow other restrictions DURING applications (Do not contact workers or other persons directly or
through drift; and applicator temporarily suspends the application if workers or other persons are
in the AEZ or enclosed space production area).

☐☐Monitor handler every 2 hours visually or by voice communication for applications of pesticides
with skull & crossbones on label.

☐☐Fumigant applications in enclosed space production facilities – have a second handler outside of

the enclosed space to continuously monitor (voice or visual), or rescue the applicator if necessary.
Must have second set of required PPE outside of application space.
APPENDIX

☐☐If a respirator is required, follow respirator requirements (i.e., medical evaluation, fit testing,

respirator training) and ensure that all records of completion of these tasks kept for 2 years.

☐☐Provide decontamination supplies (and eye flushing supplies, if required) at required locations.
☐☐Make emergency assistance available (information and transportation).
WPS — How to Comply Manual

119

WPS REQUIREMENTS FOR THE USE OF
RESPIRATORS (Chapter 4)

☐☐Respirator medical evaluation conducted and a copy of the medical
recommendation maintained.

☐☐Respirator fit test conducted annually and records maintained of results.
☐☐Respirator training conducted annually and records maintained.
☐☐Respirator seal check conducted prior to using the respirator.
☐☐Respirator cleaned and maintained according to manufacturer’s
recommendations.

APPENDIX

☐☐Respirator canisters, cartridges or filters meet change-out schedules.

120

WPS CHECKLISTS

APPENDIX C

WPS REQUIREMENTS FOR COMMERCIAL
PESTICIDE HANDLER EMPLOYERS (Chapter 5)

☐☐Ensure handlers are a minimum of 18 years old.
☐☐Complete WPS handler training before conducting handler tasks.
☐☐Keep records of WPS handler training and provide record to handlers if
requested.

☐☐Provide handler with training/instruction on safe operation of pesticide

equipment and all application equipment is inspected daily for leaks, etc. and
repaired if necessary.

☐☐Read to, or inform, handlers of pesticide label statements related to human
hazards, first aid & safety, in a manner they can understand.

☐☐Have pesticide label available to handler at all times during application.
☐☐Provide tasks and instructions to handler supervisors to ensure compliance
with WPS requirements.

☐☐Ensure supervisors give directions to handlers for WPS compliance.
☐☐Provide information (Information Exchange) to agricultural employer
(customer) prior to application.

☐☐Give your handler the information about treated areas that the agricultural
employer (customer) provided to the CPHE (Information exchange).

☐☐Ensure handlers do not work on pesticide equipment without receiving

handler training (ensure any individual not directly employed receives
information on pesticides before using, cleaning, repairing, etc. pesticide
equipment).

☐☐Provide clean PPE in operating condition to handlers.
☐☐Only exceptions to handler PPE are those allowed by WPS.
☐☐Provide decontamination supplies (and eye flushing supplies if required) at
required locations.

☐☐Follow restrictions DURING applications to keep workers and other persons
out of certain areas (treated area and AEZ or enclosed space production
area).

☐☐Follow relevant restrictions DURING applications (do not contact workers or

other persons directly or through drift; and applicator temporarily suspends
the application if workers or other persons are in the AEZ or enclosed space
production area).

☐☐Monitor handler every 2 hours visually or by voice communication for
applications of pesticides with skull & crossbones on label.

☐☐Fumigant applications in enclosed space production facilities – have a

APPENDIX

second handler outside of the enclosed space to continuously monitor (voice
or visual), or rescue the applicator if necessary. Must have second set of
required PPE outside of application space.

☐☐If a respirator is required, follow respirator requirements (i.e., medical

evaluation, fit testing, respirator training) and ensure that all records of
completion of these tasks kept for 2 years.

☐☐Make emergency assistance available (information and transportation).
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121

WPS REQUIREMENTS FOR AGRICULTURAL
ESTABLISHMENT OWNERS AND IMMEDIATE
FAMILY MEMBERS (Chapter 6)
The owner of an agricultural establishment is EXEMPT from some WPS
protections for the agricultural establishment owner and the owner’s immediate
family members. Agricultural production must be on their establishment.
Owners of agricultural establishments and their immediate family members
MUST COMPLY with all of the following WPS requirements when using
WPS-labeled pesticide products:

☐☐Ensure that any pesticide applied is used in a manner consistent with the
product’s labeling (i.e., use directions, restrictions, etc.).

☐☐Ensure pesticide is applied so it does not contact anyone, including members
of the immediate family (requirement on label and in WPS) and temporarily
suspend the application if workers or other persons are in the AEZ or
enclosed space area.

☐☐Use the PPE and other work attire listed on pesticide labeling (and are

eligible for the allowable exceptions to PPE, such as using a closed system).

☐☐Keep everyone, including members of the immediate family, away from the
treated area and the application exclusion zone during the application.

☐☐Keep immediate family members out of the treated area until the REI expires.
☐☐When respirators are required on the pesticide labeling, follow WPS
requirements for training, medical evaluation, fit testing, and recordkeeping.

APPENDIX

After January 2, 2018, any handler must suspend a pesticide application
if a worker or other person is in the AEZ during the application.

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APPENDIX C

WPS EXEMPTIONS FOR AGRICULTURAL
ESTABLISHMENT OWNERS AND IMMEDIATE
FAMILY MEMBERS (Chapter 6)
The owner of an agricultural establishment is EXEMPT from the following
WPS protections. These exemptions are for the agricultural establishment
owner and the owner’s immediate family members. These protections must be
provided to any non-family workers and handlers employed by the establishment.
Agricultural production must be on their establishment.
WPS provisions that agricultural establishment owners and immediate
family do NOT have to follow are:

☐☐Minimum age requirement for handlers and early‐entry workers.
☐☐Training requirements for workers and handlers and training records.
☐☐Displaying, maintaining, and providing access to pesticide safety, pesticide
application and hazard information.

☐☐Oral and posted notifications of worker entry restrictions including posting
pesticide safety, application and safety data sheets at a central location.

☐☐Keeping records of pesticide application and hazard information required by
WPS.

☐☐Completing handler training before cleaning, repairing, or adjusting pesticide
application equipment.

☐☐Providing instruction in the safe operation of equipment used for mixing,
loading, transferring or applying pesticide.

☐☐Informing handler of pesticide label statements related to human hazards,
first aid and safety, in a manner they can understand.

☐☐Inspecting equipment used for mixing, loading, transferring, or applying

pesticides for leaks, clogging, and worn or damaged parts and makes repairs
if needed.

☐☐Cleaning, storing and maintaining PPE including providing heat related illness
first aid procedures.

☐☐Providing establishment-specific information.
☐☐Providing information before allowing a person not directly employed by the

agricultural establishment to clean, repair, or adjust equipment that has been
used to mix, load, transfer, or apply pesticides.

☐☐Visual or voice monitoring of applicator when using a pesticide product that
has the skull-and-crossbones symbol on the front panel unless required by
product label directions.

☐☐Continuous visual or voice contact during fumigant applications.
☐☐Early entry provisions including minimum age, pesticide application

APPENDIX

information, labeling information, maintaining PPE, and decontamination
supplies.

☐☐Maintaining decontamination sites and supplies.
☐☐Providing emergency assistance.

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APPENDIX

APPENDIX D

CONTACTS AND ADDITIONAL RESOURCES

EPA has ten regional offices across the country, each of which is responsible for
several states and in some cases, territories or special environmental programs.
EPA Regional contacts may be found on the following page, or visit the following
website: https://www.epa.gov/aboutepa/visiting-regional-office

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APPENDIX D

CONTACTS
For more information about the Worker Protection Standard, or if you have questions
or concerns about pesticides, contact the state or tribal agency responsible for regulating
pesticides in your area or the EPA Regional Office nearest you.

EPA Office of Pesticide Programs
U.S. Environmental Protection Agency
W.J. Clinton Building, South
1200 Pennsylvania Ave., NW
Washington, D.C. 20460
http://www.epa.gov/pesticides
EPA National Agriculture Compliance Assistance
Center
300 Minnesota Ave.
Kansas City, KS 66101
(888) 663-2155
http://www.epa.gov/agriculture
EPA Office of Compliance
U.S. Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Ave., N.W.
Washington, D.C. 20460
(202) 564-2395
http://www.epa.gov/compliance

EPA Regions
Region 1 (MA, CT, RI, NH, VT, ME)
U.S. Environmental Protection Agency, Region 1
Pesticides Program (CPT)
Office of Ecosystem Protection (MC: OES 05-4)
5 Post Office Square, Suite 100
Boston, MA 02109-3912
(888) 372-7341
https://www.epa.gov/aboutepa/forms/contacting-epa-new-england
Region 2 (NY, NJ, PR, VI)
U.S. Environmental Protection Agency, Region 2
Pesticide Team
2890 Woodbridge Ave., MS-500
Edison, NJ 08837
(877) 251-4575
https://www.epa.gov/aboutepa/forms/contact-epa-region-2
Region 3 (PA, MD, VA, WV, DE)
U.S. Environmental Protection Agency, Region 3
Pesticides and Asbestos Branch
Office of Toxics and Pesticides
1650 Arch St. (Mail Code 3LC42)
Philadelphia, PA 19103-2029
(800) 438-2474
https://www.epa.gov/aboutepa/forms/contact-epas-region-3-office
Region 4 (GA, NC, SC, AL, MS, KY, FL, TN)
U.S. Environmental Protection Agency, Region 4
Pesticides Section, Sam Nunn Atlanta Federal Center
61 Forsyth St, SW
Atlanta, GA 30303-8960
(404) 562-8968
https://www.epa.gov/aboutepa/forms/contacting-epa-region-4-southeast

Region 5 (IL, MI, MN, IN, OH, WI)
U.S. Environmental Protection Agency, Region 5
Pesticide Program Section (DT-8J)
77 West Jackson Blvd.
Chicago, IL 60604
(312) 353-2192
https://www.epa.gov/aboutepa/region-5-expertslist [search “pesticides”]
Region 6 (TX, OK, AR, LA, NM)
U.S. Environmental Protection Agency, Region 6
Pesticides Program (6PD-P)
1445 Ross Ave., Suite 1200
Dallas, TX 75202-2750
(800) 887-6063
(214) 665-2760 (if calling from outside R6)
https://www.epa.gov/aboutepa/visiting-epas-region-6-office-dallas
Region 7 (MO, KS, IA, NE)
U.S. Environmental Protection Agency, Region 7
Pesticide Branch (PEST)
11201 Renner Blvd.
Lenexa, KS 66219
(913) 551-7033
https://www.epa.gov/aboutepa/epa-region-7-midwest
Region 8 (CO, MT, ND, SD, UT, WY)
U.S. Environmental Protection Agency, Region 8
Pesticide Program (8P-P3T)
1595 Wynkoop Street
Denver, CO 80202-1129
(800) 227-8917
https://www.epa.gov/aboutepa/forms/contact-epas-region-8-office
Region 9 (CA, NV, AZ, HI, GU)
U.S. Environmental Protection Agency, Region 9
Pesticides Section (CED-5)
75 Hawthorne St.
San Francisco, CA 94105
(415) 947-8000
En español: (415) 972-3493
https://www.epa.gov/aboutepa/forms/contact-epa-region-9-pacific-southwest
Region 10 (WA, OR, ID, AK)
U.S. Environmental Protection Agency, Region 10
Pesticides and Toxics Unit (OCE-101)
1200 Sixth Avenue, Suite 900
Seattle, WA 98101-1128
(800) 424-4372 or (206) 553-1200
https://www.epa.gov/aboutepa/forms/contact-epas-region-10-office-seattle

WPS — How to Comply Manual

APPENDIX

EPA Headquarters

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APPENDIX

CONTACTS AND ADDITIONAL RESOURCES

APPENDIX D

ADDITIONAL RESOURCES
EPA Office of Pesticide Programs - Worker Safety
https://www.epa.gov/pesticide-worker-safety

EPA Worker Protection Standard - Information page

https://www.epa.gov/pesticide-worker-safety/agricultural-worker-protection-standard-wps

Code of Federal Regulations - Worker Protection Standard

http://www.ecfr.gov/cgi-bin/text-idx?&mc=true&node=pt40.26.170&rgn=div5

EPA Train-the-Trainer Program document

https://www.epa.gov/pesticide-worker-safety/worker-protection-standard-train-trainer-programs-approval-process-and

Pesticide Educational Resources Collaborative
http://pesticideresources.org/

Directory of State Pesticide Regulators
Association of American Pesticide Control Officials
http://aapco.org

Pesticide Educational Resources Collaborative:
Inventory of WPS Resources (sample forms, fact sheets, etc.)
http://pesticideresources.org/wps/inventory.html

Pesticide Safety Education Coordinators

http://www.ipmcenters.org/contacts/PSEPDirectory.cfm

American Association of Pesticide Safety Educators
http://www.aapse.ext.vt.edu

National Pesticide Information Center
http://www.npic.orst.edu

Tribal Pesticide Program Council

http://www.tppcwebsite.org/membership

OSHA Fit Testing Procedures

https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9780

Laundering Pesticide-Contaminated Work Clothes

https://www.ag.ndsu.edu/publications/landing-pages/crops/laundering-peticide-work-clothes-ps-1778

OSHA Occupational Heat Exposure Information
APPENDIX

https://www.osha.gov/SLTC/heatstress

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Pesticide Educational Resources Collaborative
UC Davis Extension
1333 Research Park Dr
Davis, CA 95618
pesticideresources.org

U.S. Environmental Protection Agency
Office of Pesticide Programs (MC 7506C)
1200 Pennsylvania Ave, NW
Washington, DC 20460
epa.gov/pesticides

EPA 735-B-16-001
Publication date:
September 2016