[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: 40CFR170.240]

[Page 231-234]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 170--WORKER PROTECTION STANDARD--Table of Contents
 
               Subpart C--Standard for Pesticide Handlers
 
Sec. 170.240  Personal protective equipment.

    (a) Requirement. Any person who performs tasks as a pesticide 
handler shall use the clothing and personal protective equipment 
specified on the labeling for use of the product.
    (b) Definition. (1) Personal protective equipment (PPE) means 
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, respiratory protection devices, chemical-
resistant aprons, chemical-resistant headgear, and protective eyewear.
    (2) Long-sleeved shirts, short-sleeved shirts, long pants, short 
pants, shoes, socks, and other items of work clothing are not considered 
personal protective equipment for the purposes of this section and are 
not subject to the requirements of this section, although pesticide 
labeling may require that such work clothing be worn during some 
activities.
    (c) Provision. When personal protective equipment is specified by 
the labeling of any pesticide for any handling activity, the handler 
employer shall provide the appropriate personal protective equipment in 
clean and operating condition to the handler.
    (1) When ``chemical-resistant'' personal protective equipment is 
specified by the product labeling, it shall be made of material that 
allows no measurable movement of the pesticide being used through the 
material during use.
    (2) When ``waterproof'' personal protective equipment is specified 
by the product labeling, it shall be made of material that allows no 
measurable movement of water or aqueous solutions through the material 
during use.
    (3) When a ``chemical-resistant suit'' is specified by the product 
labeling, it shall be a loose-fitting, one- or two-piece chemical-
resistant garment that covers, at a minimum, the entire body except 
head, hands, and feet.
    (4) When ``coveralls'' are specified by the product labeling, they 
shall be a loose-fitting, one- or two-piece garment, such as a cotton or 
cotton and polyester coverall, that covers, at a minimum, the entire 
body except head, hands, and feet. The pesticide product labeling may 
specify that the coveralls be worn over another layer of clothing.
    (5) Gloves shall be of the type specified by the product labeling. 
Gloves or glove linings made of leather, cotton, or other absorbent 
material shall not be worn for handling activities unless such materials 
are listed on the product labeling as acceptable for such use.
    (6) When ``chemical-resistant footwear'' is specified by the product 
labeling, one of the following types of footwear must be worn:
    (i) Chemical-resistant shoes.
    (ii) Chemical-resistant boots.
    (iii) Chemical-resistant shoe coverings worn over shoes or boots.
    (7) When ``protective eyewear'' is specified by the product 
labeling, one of the following types of eyewear must be worn:
    (i) Goggles.
    (ii) Face shield.
    (iii) Safety glasses with front, brow, and temple protection.
    (iv) Full-face respirator.
    (8) When a ``chemical-resistant apron'' is specified by the product 
labeling, an apron that covers the front of the body from mid-chest to 
the knees shall be worn.
    (9) When a respirator is specified by the product labeling, it shall 
be appropriate for the pesticide product used and for the activity to be 
performed. The handler employer shall assure that the respirator fits 
correctly.
    (10) When ``chemical-resistant headgear'' is specified by the 
product labeling, it shall be either a chemical resistant hood or a 
chemical-resistant hat with a wide brim.
    (d) Exceptions to personal protective equipment specified on product 
labeling--(1) Body protection. (i) A chemical-resistant suit may be 
substituted for ``coveralls,'' and any requirement for an additional 
layer of clothing beneath is waived.
    (ii) A chemical-resistant suit may be substituted for ``coveralls'' 
and a chemical-resistant apron.
    (2) 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 in such terrain.

[[Page 232]]

    (3) Gloves. If chemical-resistant gloves with sufficient durability 
and suppleness are not obtainable, then during handling activities with 
roses or other 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 shall be worn only with chemical-resistant 
liners and they shall not be worn for any other use.
    (4) Closed systems. If handling tasks are performed using properly 
functioning systems that enclose the pesticide to prevent it from 
contacting handlers or other persons, and if such systems are used and 
are maintained in accordance with that manufacturer's written operating 
instructions, exceptions to labeling-specified personal protective 
equipment for the handling activity are permitted as provided in 
paragraphs (d)(4)(i) and (ii) of this section.
    (i) Persons using a closed system to mix or load pesticides with a 
signal word of DANGER or WARNING may substitute a long-sleeved shirt, 
long pants, shoes, socks, chemical-resistant apron, and any protective 
gloves specified on the labeling for handlers for the labeling-specified 
personal protective equipment.
    (ii) Persons using a closed system to mix or load pesticides other 
than those in paragraph (d)(4)(i) of this section or to perform other 
handling tasks may substitute a long-sleeved shirt, long pants, shoes, 
and socks for the labeling-specified personal protective equipment.
    (iii) Persons using a closed system that operates under pressure 
shall wear protective eyewear.
    (iv) Persons using a closed system shall have all labeling-specified 
personal protective equipment immediately available for use in an 
emergency.
    (5) Enclosed cabs. If handling tasks are performed from inside a cab 
that has a nonporous barrier which totally surrounds the occupants of 
the cab and prevents contact with pesticides outside of the cab, 
exceptions to personal protective equipment specified on the product 
labeling for that handling activity are permitted as provided in 
paragraphs (d)(5) (i) through (iv) of this section.
    (i) Persons occupying an enclosed cab may substitute a long-sleeved 
shirt, long pants, shoes, and socks for the labeling-specified personal 
protective equipment. If a respiratory protection device is specified on 
the pesticide product labeling for the handling activity, it must be 
worn.
    (ii) Persons occupying an enclosed cab that has a properly 
functioning ventilation system which is used and maintained in 
accordance with the manufacturer's written operating instructions and 
which is declared in writing by the manufacturer or by a governmental 
agency to provide respiratory protection equivalent to or greater than a 
dust/mist filtering respirator may substitute a long-sleeved shirt, long 
pants, shoes, and socks for the labeling-specified personal protective 
equipment. If a respiratory protection device other than a dust/mist-
filtering respirator is specified on the pesticide product labeling, it 
must be worn.
    (iii) Persons occupying an enclosed cab that has a properly 
functioning ventilation system which is used and maintained in 
accordance with the manufacturer's written operating instructions and 
which is declared in writing by the manufacturer or by a governmental 
agency to provide respiratory protection equivalent to or greater than 
the vapor- or gas-removing respirator specified on pesticide product 
labeling may substitute a long-sleeved shirt, long pants, shoes, and 
socks for the labeling-specified personal protective equipment. If an 
air-supplying respirator or a self-contained breathing apparatus (SCBA) 
is specified on the pesticide product labeling, it must be worn.
    (iv) Persons occupying an enclosed cab shall have all labeling-
specified personal protective equipment immediately available and stored 
in a chemical-resistant container, such as a plastic bag. They shall 
wear such personal protective equipment if it is necessary to exit the 
cab and contact pesticide-treated surfaces in the treated area. Once 
personal protective equipment is worn in the treated area, it must be 
removed before reentering the cab.

[[Page 233]]

    (6) Aerial applications--(i) Use of gloves. Chemical-resistant 
gloves shall be worn when entering or leaving an aircraft contaminated 
by pesticide residues. In the cockpit, the gloves shall be kept in an 
enclosed container to prevent contamination of the inside of the 
cockpit.
    (ii) Open cockpit. Persons occupying an open cockpit shall use the 
personal protective equipment specified in the product labeling for use 
during application, except that chemical-resistant footwear need not be 
worn. A helmet may be substituted for chemical-resistant headgear. A 
visor may be substituted for protective eyewear.
    (iii) Enclosed cockpit. Persons occupying an enclosed cockpit may 
substitute a long-sleeved shirt, long pants, shoes, and socks for 
labeling-specified personal protective equipment.
    (7) Crop advisors. Crop advisors entering treated areas while a 
restricted-entry interval is in effect may wear the personal protective 
equipment specified on the pesticide labeling for early-entry activities 
instead of the personal protective equipment specified on the pesticide 
labeling for handling activities, provided:
    (i) Application has been completed for at least 4 hours.
    (ii) Any inhalation exposure level listed in the labeling has been 
reached or any ventilation criteria established by Sec. 170.110(c)(3) or 
in the labeling have been met.
    (e) Use of personal protective equipment. (1) The handler employer 
shall assure that personal protective equipment is used correctly for 
its intended purpose and is used according to the manufacturer's 
instructions.
    (2) The handler employer shall assure that, before each day of use, 
all personal protective equipment is inspected for leaks, holes, tears, 
or worn places, and any damaged equipment is repaired or discarded.
    (f) Cleaning and maintenance. (1) The handler employer shall assure 
that all personal protective equipment 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, it 
shall be washed thoroughly in detergent and hot water.
    (2) If any personal protective equipment cannot be cleaned properly, 
the handler employer shall dispose of the personal protective equipment 
in accordance with any applicable Federal, State, and local regulations. 
Coveralls or other absorbent materials that have been drenched or 
heavily contaminated with an undiluted pesticide that has the signal 
word DANGER or WARNING on the label shall be not be reused.
    (3) The handler employer shall assure that contaminated personal 
protective equipment is kept separately and washed separately from any 
other clothing or laundry.
    (4) The handler employer shall assure that all clean personal 
protective equipment shall be either dried thoroughly before being 
stored or shall be put in a well ventilated place to dry.
    (5) The handler employer shall assure that all personal protective 
equipment is stored separately from personal clothing and apart from 
pesticide-contaminated areas.
    (6) The handler employer shall assure that when dust/mist filtering 
respirators are used, the filters shall be replaced:
    (i) When breathing resistance becomes excessive.
    (ii) When the filter element has physical damage or tears.
    (iii) According to manufacturer's recommendations or pesticide 
product labeling, whichever is more frequent.
    (iv) In the absence of any other instructions or indications of 
service life, at the end of each day's work period.
    (7) The handler employer shall assure that when gas- or vapor-
removing respirators are used, the gas- or vapor-removing canisters or 
cartridges shall be replaced:
    (i) At the first indication of odor, taste, or irritation.
    (ii) According to manufacturer's recommendations or pesticide 
product labeling, whichever is more frequent.
    (iii) In the absence of any other instructions or indications of 
service life, at the end of each day's work period.
    (8) The handler employer shall inform any person who cleans or 
launders personal protective equipment:
    (i) That such equipment may be contaminated with pesticides.

[[Page 234]]

    (ii) Of the potentially harmful effects of exposure to pesticides.
    (iii) Of the correct way(s) to clean personal protective equipment 
and to protect themselves when handling such equipment.
    (9) The handler employer shall assure that handlers have a clean 
place(s) away from pesticide storage and pesticide use areas where they 
may:
    (i) Store personal clothing not in use.
    (ii) Put on personal protective equipment at the start of any 
exposure period.
    (iii) Remove personal protective equipment at the end of any 
exposure period.
    (10) The handler employer shall not allow or direct any handler to 
wear home or to take home personal protective equipment contaminated 
with pesticides.
    (g) Heat-related illness. When the use of personal protective 
equipment is specified by the labeling of any pesticide for the handling 
activity, the handler employer shall assure that no handler is allowed 
or directed to perform the handling activity unless appropriate measures 
are taken, if necessary, to prevent heat-related illness.