The Agricultural Worker Protection Standard (WPS)
On September 28, 2015, the Environmental Protection Agency (EPA) announced final revisions to 40 CFR Part 170, the Agricultural Worker Protection Standard (WPS). WPS is referenced on the labels of pesticides which have been registered federally for use on agricultural plants. Agricultural employers and commercial pesticide handler employers using pesticides which reference the WPS must comply with its requirements when using the pesticides in the production of agricultural plants on agricultural establishments. The term "Agricultural establishment" includes any farm, forest operation, or nursery engaged in the outdoor or enclosed space producton of agricultural plants. An agricultural plant is any plant, or part thereof, grown, maintained, or otherwise produced for commercial purposes. This would include plants grown, maintained or produced for sale or trade, for research or experimental purposes, or for use in part or their entirety in another location. It does not include plants grown for personal use and consumption.
The EPA published the following information in a fact sheet titled “Changes to EPA’s Farm Worker Protection Standard” (Published September 28, 2015).
The Environmental Protection Agency has revised the 1992 Agricultural Worker Protection Standard regulation to increase protection from pesticide exposure for the nation’s two million agricultural workers and their families. These changes will afford farmworkers similar health protections that are already afforded to workers in other industries while taking into account the unique working environment of many agricultural jobs.
The regulation seeks to protect and reduce the risks of injury or illness resulting from agricultural workers’ (those who perform hand-labor tasks in pesticide-treated crops, such as harvesting, thinning, pruning) and pesticide handlers’ (those who mix, load and apply pesticides) use and contact with pesticides on farms, forests, nurseries and greenhouses. The regulation does not cover persons working with livestock.
Major changes to the regulation:
• Annual mandatory training to inform farmworkers on the required protections. This increases the likelihood that protections will be followed. Currently, training is only once every 5 years.
• Expanded training includes instructions to reduce take-home exposure from pesticides on work clothing and other safety topics.
• First-time ever minimum age requirement: Children under 18 are prohibited from handling pesticides.
• Expanded mandatory posting of no-entry signs for the most hazardous pesticides. The signs prohibit entry into pesticide-treated fields until residues decline to a safe level.
• New no-entry application-exclusion zones up to 100 feet surrounding pesticide application equipment will protect workers and others from exposure to pesticide overspray.
• Requirement to provide more than one way for farmworkers and their representatives to gain access to pesticide application information and safety data sheets – centrally-posted, or by requesting records.
• Mandatory record-keeping to improve states’ ability to follow up on pesticide violations and enforce compliance. Records of application-specific pesticide information, as well as farmworker training, must be kept for two years.
• Anti-retaliation provisions are comparable to Department of Labor’s (DOL’s).
• Changes in personal protective equipment will be consistent with the DOL’s Occupational Safety & Health Administration standards for ensuring respirators are effective, including fit test, medical evaluation and training.
• Specific amounts of water to be used for routine washing, emergency eye flushing and other decontamination, including eye wash systems for handlers at pesticide mixing/loading sites.
• Continue the exemption for farm owners and their immediate family with an expanded definition of immediate family.
A more comprehensive list of changes as well as details of the changes can be found on the Worker Protection Standard (WPS) Comparison Chart. To view the chart click here.
The EPA, state and tribal regulatory agencies, and cooperative extension programs have worked together to provide outreach and education related to WPS and the 2015 revisions since they were implemented. Agricultural employers and commercial pesticide handler employers should reference the EPA manual titled How to Comply with the 2015 Revised Worker Protection Standard for Agricultural Pesticides-What Owners and Employers Need to Know. A link to the manual appears in the WPS Quick Links table below along with other related resources.
Pesticide Safety Training
If you have additional questions about the WPS training requirements feel free to contact Marlene Larios, the Coordinator for the Worker Protection Standard. Marlene Larios can be reached by phone at (804) 786-8934 or by email at marlene.larios@vdacs.virginia.gov.
The following websites serve as key information resources for information related to the Worker Protection Standard.
Environmental Protection Agency (EPA)
The EPA is the federal agency responsible for administering the Agricultural Worker Protection Standard. 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. Click here to visit the Agricultural Worker Protection Standard page of the EPA website.
Pesticide Educational Resources Collaborative (PERC)
The Pesticide Educational Resources Collaborative or PERC is a program that operates under a cooperative agreement between the Environmental Protection Agency's Office of Pesticide Program and the University of California Davis Extension, in collaboration with Oregon State University. PERC aids EPA in the development of pesticide education materials. Direct links to some of the PERC resources appear below. To visit the homepage of the PERC website, click here.
Direct Links to PERC Resources (click on bulleted item):
- What Type of Worker Protection Standard (WPS) Training Should You Provide?
- WPS Respiratory Protection Guide, Requirements for Employers of Pesticide Handlers
- Updated WPS Poster(s) for "Central Posting" areas and Certain Decontamination Sites
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.