[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR170.104]

[Page 212]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 170--WORKER PROTECTION STANDARD--Table of Contents
 
                     Subpart B--Standard for Workers
 
Sec. 170.104  Exemptions.

    The workers listed in this section are exempt from the specified 
provisions of this subpart.
    (a) Owners of agricultural establishments. (1) The owner of an 
agricultural establishment is not required to provide to himself or 
members of his immediate family who are performing tasks related to the 
production of agricultural plants on their own agricultural 
establishment the protections of:
    (i) Section 170.112(c)(5) through (9).
    (ii) Section 170.112(c)(5) through (9) as referenced in 
Secs. 170.112(d)(2)(iii) and 170.112(e).
    (iii) Section 170.120.
    (iv) Section 170.122.
    (v) Section 170.130.
    (vi) Section 170.135.
    (vii) Section 170.150.
    (viii) Section 170.160.
    (2) The owner of the agricultural establishment must provide the 
protections listed in paragraph (a)(1)(i) through (viii) of this section 
to other workers and other persons who are not members of his immediate 
family.
    (b) Crop advisors. (1) Provided that the conditions of paragraph 
(b)(2) of this section are met, a person who is certified or licensed as 
a crop advisor by a program acknowledged as appropriate in writing by 
EPA or a State or Tribal lead agency for pesticide enforcement, and 
persons performing crop advising tasks under such qualified crop 
advisor's direct supervision, are exempt from the provisions of:
    (i) Section 170.150.
    (ii) Section 170.160.

A person is under the direct supervision of a crop advisor when the crop 
advisor exerts the supervisory controls set out in paragraphs 
(b)(2)(iii) and (iv) of this section. Direct supervision does not 
require that the crop advisor be physically present at all times, but 
the crop advisor must be readily accessible to the employees at all 
times.
    (2) Conditions of exemption. (i) The certification or licensing 
program requires pesticide safety training that includes, at least, all 
the information in Sec. 170.230(c)(4).
    (ii) Applies only when performing crop advising tasks in the treated 
area.
    (iii) The crop advisor must make specific determinations regarding 
the appropriate PPE, appropriate decontamination supplies, and how to 
conduct the tasks safely. The crop advisor must convey this information 
to each person under his direct supervision in a language that the 
person understands.
    (iv) Before entering a treated area, the certified or licensed crop 
advisor must inform, through an established practice of communication, 
each person under his direct supervision of the pesticide product and 
active ingredient(s) applied, method of application, time of 
application, the restricted entry interval, which tasks to undertake, 
and how to contact the crop advisor.
    (c) Grace period for persons performing crop advisor tasks who are 
not certified or licensed. (1) Provided that the conditions of paragraph 
(c)(2) of this section are met, a person who is neither certified nor 
licensed as a crop advisor and any person performing crop advising tasks 
under his direct supervision is exempt until May 1, 1996, from the 
requirements of:
    (i) Section 170.130.
    (ii) Section 170.150.
    (iii) Section 170.160.
    (2) Conditions of exemption. (i) Applies only when the persons are 
performing crop advising tasks in the treated area.
    (ii) The crop advisor must make specific determinations regarding 
the appropriate PPE, appropriate decontamination supplies, and how to 
conduct the tasks safely. The crop advisor must convey this information 
to each person under his direct supervision in a language that the 
person understands.
    (iii) Before entering a treated area, the crop advisor must inform, 
through an established practice of communication, each person under his 
direct supervision of the active ingredient, method of application, time 
of application, the restricted entry interval, which tasks to undertake, 
and how to contact the crop advisor.

[60 FR 21952, May 3, 1995]