The Worker Protection Standard: are you ready for an inspection?

The Worker Protection Standard (WPS) is a law regulated by the U.S. Environmental Protection Agency (EPA). This regulation covers all pesticides (both restricted and general use) that are used in the production of agricultural plants on farms, forests, nurseries and greenhouses. By definition, mushroom production falls under the greenhouse provision that includes operations that produce agricultural plants indoors in an area that is enclosed with a nonporous covering and is large enough to allow a person to enter. Mushroom houses and caves fall under this definition.

The primary purpose of the WPS is to protect not only those who apply pesticides, but also employees who will work in areas that have been treated with pesticides within the last 30 days. In mushroom production the WPS requires that employees and employers are provided with the following: (1) information about exposure to pesticides; (2) protection against exposure to pesticides; (3) ways to mitigate pesticide exposures; and (4) access to treatment if a pesticide exposure is suspected.

IMMEDIATE FAMILY MEMBERS

Farms that employ only immediate family members are exempt from the requirements of the WPS. The EPA defines "immediate family" as spouses, children, stepchildren, foster children, parents, stepparents, foster parents and siblings. However, even if the immediate family exemption applies, all workers and handlers must: use Personal Protective Equipment (PPE) as required by the label; prevent pesticide contact (directly or through drift) during application; ensure that anyone not correctly trained and equipped is kept out of areas being treated with pesticides; maintain Restricted Entry Intervals (REIs); maintain limited contact during allowed exceptions; and maintain short-term agricultural emergency or specially excepted early entry with proper PPE.

WPS HELPS MINIMIZE POTENTIAL FOR EXPOSURE

The WPS has three main areas of focus to help minimize potential for exposure: providing information, protection, and mitigation in the event of an exposure. The following is a brief summary of the key points of each of these focus areas. Complete details of the WPS can be found at http://pubs.cas.psu.edu/FreePubs/pdfs/uo204.pdf

Providing Information:

* Notify workers of where applications have or are taking place

* Provide safety training for both handlers and workers

* Provide the EPA approved safety poster

* Access to labeling information for handlers and early-entry workers

* Access to the Central Information Location

Providing Protection:

* Provide handlers and workers with the appropriate Personal Protective Equipment (PPE)

* Protect handlers during handling tasks

* Prohibit handlers from applying a pesticide that will expose workers or other persons

* Exclude workers from areas being treated with pesticides

* Exclude workers from areas under a Restricted Entry Interval

* Equip early entry workers with proper safety training and PPE

Providing Mitigation:

* Provide decontamination supplies of water, soap, single use towels, and spare overalls for handlers

* Provide emergency transportation to the hospital for employees that have been exposed to pesticides.

Although the WPS has been in effect for more than a decade, the EPA has asked states to be more vigilant and increase the amount of enforcement inspections. Growers can help ensure compliance by doing a walk through of their operation and completing the WPS checklist that can be found here or on our Web site: http://www.pested.psu.edu/resources/facts/wps_checklist.pdf

PENNSYLVANIA SPECIFIC WPS INFORMATION

Pennsylvania WPS regulations are more stringent than the federal standard in that they require anyone who is providing WPS training to be a certified pesticide applicator.

In Pennsylvania, to help growers with WPS compliance, the Rural Health Farm Worker Protection Safety Program (a component of the Pennsylvania Office of Rural Health) was created. This program is funded by the Pennsylvania Department of Agriculture's Bureau of Plant Industry and is run in collaboration with the Penn State Pesticide Education Program. The program offers:

* Farm evaluations to help growers be in compliance with the WPS

* Help for growers' groups to assist them with their concerns

* Help for farm labor groups to address their concerns

Kerry H. Richards, Ph.D.

Penn State

Director & Affiliate

Assistant Professor

Pest Management Information Center

Dept. of Agricultural & Extension Education

kmh14@psu.edu

Jim Harvey

Penn State

Rural Health Farm

Worker Protection

Safety Specialist

jdh18@psu.edu

RELATED ARTICLE: Worker Protection Standard Checklist

This checklist serves only as a brief overview of basic WPS requirements. For complete details of your responsibilities, refer to the "How to Comply Manual" or contact your state department of agriculture.

Central Location:

* All information should be legible, up-to-date, and accessible to employees

* The EPA approved Safety Poster is posted and complete

* Display emergency medical information

* The following records are displayed and available for at least 30 days following expiration of the restricted reentry interval (REI): location of treated area, pesticide product name, active ingredient, EPA registration number, state date and time of the application, and REI

Pesticide Safety Training:

* Complete WPS Training has been given to workers prior to the 6th day of entering any treated areas and every 5 years thereafter

* Complete WPS Training has been given to handlers prior to performing any handler tasks and every 5 years thereafter

* "Basic Pesticide Safety Information" is provided to workers as necessary

* EPA developed or equivalent training materials are used in training

* Training is presented in a language the trainees can understand

* Trainers are properly qualified

DECONTAMINATION SITES:

Handler decontamination sites have/are:

* At least 3 gallons of water per handler, soap, single-use towels, and coveralls

* Located at the mixing/loading sites, within 1/4 mile of the application site and where PPE is removed

* Supplied with at least 1 pint of immediately available clean water for eye flushing when the label specifies the use of protected eyewear

Worker decontamination sites have/are:

* At least 1 gallon of water per handler, soap, and single-use towels

* Located within 1/4 mile of the work site

* Provided for 30 days following the end of the REI (7 days with REIs of 4 hours or less)

Applicator Notification:

* Oral and/or posted warnings given according to label requirements

* Appropriate warning signs are used and posted at all usual entry points to treated areas

* Warning signs are posted not more than 24 hours prior to treatment and removed within 3 days following the end of the REI

* Oral warnings are given in a language workers can understand

Personal Protective Equipment (PPE):

* Label required PPE is provided for handlers and early entry workers

* PPE is kept clean and well maintained

* A clean place for PPE storage is provided

Employer Information Exchange:

* Custom applicator supplies information for Central Location Posting prior to applications

* Information is supplied to custom applicators about REIs in effect on the property which they are exposed to

Monitoring Handlers:

* Sight or voice contact made at least every 2 hours with handlers using Skull & Crossbones pesticides

* Constant voice or visual contact is maintained with handlers using fumigants indoors

If you would like additional help completing this checklist, contact Jim Harvey, The Rural Health Farm Worker Protection Safety Specialist, for more information or to schedule a compliance assistance visit at 814/863-8214 or jdh18@psu.edu.