WPS Focus: Worker and Handler Training
On January 1, 2016, EPA’s revisions to the Worker Protection Standard (WPS) regulations in 40 CFR Part 170 were finalized. This page focuses on the employee training requirements of the revised WPS. As a refresher, the WPS applies whenever a pesticide referencing the Worker Protection Standard is used in the production of an agricultural plant. Establishments that employ people to work with plants treated with pesticides or to handle/apply pesticides must provide pesticide safety training and other information under WPS. A person would be employed if they receive a salary or wages, including piece-rate wages, on the establishment where the agricultural plants are produced.
There are two types of employees described in WPS that need to be trained, a worker and a handler. Workers perform tasks in areas where pesticides have been applied to agricultural plants. They may contact plants, plant parts, or soil and other surfaces that may contain pesticide residues. They should not have direct exposure to the pesticide before it is mixed or while it is being applied. Handlers mix, load, or apply the pesticide. They may also perform other duties such as handling open containers, assist with applications, act as flaggers or repair and maintain contaminated equipment. The training requirements differ somewhat for both types of employees. The training provided to handlers will also allow them to perform worker tasks.
WPS training is now required annually (once every 12 months) for workers and handlers. Previously under the 1992 rule, training was required once every 5 years. Another significant change from the former rule is the timing of training. In the past, employers could provide workers with basic safety information upon hiring and then were allowed to let workers work for up to 5 days before providing them with full WPS training. Some people referred to this period as a “grace period”. This is no longer be permitted. Employers will have to provide workers with full WPS pesticide safety training prior to performing any task in a treated area of an establishment where within the last 30 days a pesticide product has been used or a restricted-entry interval has been in effect.
Growers who use labor contractors will want to obtain documentation of the pesticide safety training for each worker or provide it themselves prior to allowing contracted laborers to work on their establishment. The revised WPS places the responsibility for training workers or handlers, including those provided by labor contractors, on the person who owns the agricultural establishment or who is responsible for managing it. This means that the owner or manager of the establishment, not the labor contractor, could be cited for a violation of WPS if the workers or handlers are not trained as required by WPS.
In the past, recordkeeping of pesticide safety training was voluntary as was the issuance of training verification cards. Under the revised WPS employers must document then maintain records of pesticide safety training for each worker or handler employed for two years from the date of the training. If an employee requests, the employer must also provide them with a record of their training. The training record should include the following information:
- The trained worker’s printed name and signature.
- The date of training.
- Information identifying the EPA-approved materials used.
- The trainers name and documentation of qualifications (ex. Certification Number).
- The agricultural employer’s name.
Training must be conducted in areas that are free from distraction and conducive to learning. The trainer will also have to present the information, either orally from written materials, or audio-visually in a manner that the employees can understand. If the workers or handlers do not speak the same language as the trainer, a translator would be necessary. The trainer must be present during the entire training and respond to questions. The trainer will be unable to put in a training video and go do other activities.
Pesticide safety trainers must meet certain criteria prior to providing pesticide safety training. If they train workers, they must be either a certified applicator, state designated trainer, or a trainer who has gone through a train-the-trainer training program for workers or handlers. Previously, trained handlers could train workers but that will no longer be permitted. Similarly, trainers training handlers must be either a certified applicator, state designated trainer or a trained trainer who has completed a train-the-trainer program for handlers.
TRAIN-THE-TRAINER TRAINING
To learn more about becoming a trainer of workers click here.
To learn more about becoming a trainer of hanlders click here.
The content requirements for the pesticide safety training have been expanded but will not be required until EPA publishes a notice regarding the availability of new training materials in the Federal Register. Once the notice is published growers will have up to 180 days to begin using materials which meet the new content requirements. New training resources are currently in development and some are already available.
Trainers must make sure that their training materials are EPA-approved. In the past, the training materials did not have to receive EPA-approval as long as they covered all the required content. To determine whether your material is EPA-approved, look for an EPA publication number or approval code. If you do not see one, contact VDACS.
Trainers are encouraged to use materials containing the new content as it becomes available.
WORKER TRAINING - To find training materials for workers click here.
HANDLER TRAINING - To find training materials for handlers click here.
In addition to the pesticide safety training, handlers may also have to be trained on the use of a respirator. This becomes a requirement when the handler will apply pesticides which require respiratory protection. The training would be specific to the respirator required by the pesticide label. In relation to this training requirement, the employee would also have to undergo a medical evaluation prior to using the specified respirator and be fit tested for that respirator. The WPS Focus: Respirator Use & Training page provides additional details of this requirement.
Employers will also have to provide employees with establishment specific information. This is technically a seperate requirement from the basic worker and handler pesticide safety training but, in many cases, the employer may want to include this with the pesticide safety training. If a business hires someone who has already been trained under WPS during the past year at another employer, they would have to provide this establishment specific information separately from the training. Businesses which use labor contractors would especially have to keep this in mind when bringing in contracted laborers.
Additional Assistance
If you have additional questions about the new training requirements feel free to contact Marlene Larios, the Coordinator for the Worker Protection Standard. Ms. Larios can be reached by phone at (804) 786-8934 or by email at marlene.larios@vdacs.virginia.gov.
The following website serves as the key information resource for information related to the Worker Protection Standard.
Click here to visit the Agricultural Worker Protection Standard page of the EPA website. The EPA's WPS page provides general information about the WPS regulation as well as links to the regulation in 40 CFR Part 170, the How to Comply Manual, Interpretative Guidance, the Quick Reference Guide and other related resources not found on this website.
Ordering Copies of Worker Protection Standard Materials
While a number of WPS resources are available online, hardcopies of the pesticide safety posters and Respiratory Protection Guide can be ordered via the National Pesticide Safety Education Center (NPSEC). To learn more about NPSEC click here.
- To order pesticide safety posters click here.
- To order a copy of the WPS Respiratory Protection Guide click here.