[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR170.120]

[Page 218-221]
 
                   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. 170.120  Notice of applications.

    (a) Notification to workers of pesticide applications in 
greenhouses. The agricultural employer shall notify workers of

[[Page 219]]

any pesticide application in the greenhouse in accordance with this 
paragraph.
    (1) All pesticide applications shall be posted in accordance with 
paragraph (c) of this section.
    (2) If the pesticide product labeling has a statement requiring both 
the posting of treated areas and oral notification to workers, the 
agricultural employer shall also provide oral notification of the 
application to the worker in accordance with paragraph (d) of this 
section.
    (3) Notice need not be given to a worker if the agricultural 
employer can assure that one of the following is met:
    (i) From the start of the application until the end of the 
application and during any restricted-entry interval, the worker will 
not enter, work in, remain in, or pass through the greenhouse; or
    (ii) The worker applied (or supervised the application of) the 
pesticide for which the notice is intended and is aware of all 
information required by paragraphs (d)(1) through (3) of this section.
    (b) Notification to workers on farms, in nurseries, or in forests of 
pesticide applications. The agricultural employer shall notify workers 
of any pesticide application on the farm or in the nursery or forest in 
accordance with this paragraph.
    (1) If the pesticide product labeling has a statement requiring both 
the posting of treated areas and oral notification to workers, the 
agricultural employer shall post signs in accordance with paragraph (c) 
of this section and shall provide oral notification of the application 
to the worker in accordance with paragraph (d) of this section.
    (2) For any pesticide other than those for which the labeling 
requires both posting and oral notification of applications, the 
agricultural employer shall give notice of the application to the worker 
either by the posting of warning signs in accordance with paragraph (c) 
of this section or orally in accordance with paragraph (d) of this 
section, and shall inform the workers as to which method of notification 
is in effect.
    (3) Notice need not be given to a worker if the agricultural 
employer can assure that one of the following is met:
    (i) From the start of the application until the end of the 
application and during any restricted-entry interval, the worker will 
not enter, work in, remain in, or pass through on foot the treated area 
or any area within 1/4 mile of the treated area; or
    (ii) The worker applied (or supervised the application of) the 
pesticide for which the notice is intended and is aware of all 
information required by (d)(1) through (3) of this section.
    (c) Posted warning signs. The agricultural employer shall post 
warning signs in accordance with the following criteria:
    (1) The warning sign shall have a background color that contrasts 
with red. The words ``DANGER'' and ``PELIGRO,'' plus ``PESTICIDES'' and 
``PESTICIDAS,'' shall be at the top of the sign, and the words ``KEEP 
OUT'' and ``NO ENTRE'' shall be at the bottom of the sign. Letters for 
all words must be clearly legible. A circle containing an upraised hand 
on the left and a stern face on the right must be near the center of the 
sign. The inside of the circle must be red, except that the hand and a 
large portion of the face must be in a shade that contrasts with red. 
The length of the hand must be at least twice the height of the smallest 
letters. The length of the face must be only slightly smaller than the 
hand. Additional information such as the name of the pesticide and the 
date of application may appear on the warning sign if it does not 
detract from the appearance of the sign or change the meaning of the 
required information. A black-and-white example of a warning sign 
meeting these requirements, other than the size requirements, follows:

[[Page 220]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.111

    (2) The standard sign shall be at least 14 inches by 16 inches with 
letters at least 1 inch in height. Farms and forests shall use the 
standard size sign unless a smaller sign is necessary because the 
treated area is too small to accommodate a sign of this size. In 
nurseries and greenhouses, the agricultural employer may, at any time, 
use a sign smaller than the standard size sign. Whenever a small sign is 
used on any establishment, there are specific posting distances 
depending on the size of the lettering and symbol on the sign. If a sign 
is used with DANGER and PELIGRO in letters at least \7/8\ inch in height 
and the remaining letters at least \1/2\ inch in height and a red circle

[[Page 221]]

at least 3 inches in diameter containing an upraised hand and a stern 
face, the signs shall be no further than 50 feet apart. If a sign is 
used with DANGER and PELIGRO in letters at least \7/16\ inch in height 
and the remaining letters at least \1/4\ inch in height and a red circle 
at least 1\1/2\ inches in diameter containing an upraised hand and a 
stern face, the signs shall be no further than 25 feet apart. A sign 
with DANGER and PELIGRO in letters less than \7/16\ inch in height or 
with any words in letters less than \1/4\ inch in height or a red circle 
smaller than 1\1/2\ inches in diameter containing an upraised hand and a 
stern face will not satisfy the requirements of the rule. All signs must 
meet the requirements of paragraph (c)(1) of this section.
    (3) The employer may replace the Spanish portion of the warning sign 
with a non-English language read by the largest group of workers who do 
not read English. The replacement sign must be in the same format as the 
original sign and be visible and legible.
    (4) On farms and in forests and nurseries, the signs shall be 
visible from all usual points of worker entry to the treated area, 
including at least each access road, each border with any labor camp 
adjacent to the treated area, and each footpath and other walking route 
that enters the treated area. When there are no usual points of worker 
entry, signs shall be posted in the corners of the treated area or in 
any other location affording maximum visibility.
    (5) In greenhouses, the signs shall be posted so they are visible 
from all usual points of worker entry to the treated area including each 
aisle or other walking route that enters the treated area. When there 
are no usual points of worker entry to the treated area, signs shall be 
posted in the corners of the treated area or in any other location 
affording maximum visibility.
    (6) The signs shall:
    (i) Be posted no sooner than 24 hours before the scheduled 
application of the pesticide.
    (ii) Remain posted throughout the application and any restricted-
entry interval.
    (iii) Be removed within 3 days after the end of the application and 
any restricted-entry interval and before agricultural-worker entry is 
permitted, other than entry permitted by Sec. 170.112.
    (7) The signs shall remain visible and legible during the time they 
are posted.
    (8) When several contiguous areas are to be treated with pesticides 
on a rotating or sequential basis, the entire area may be posted. Worker 
entry, other than entry permitted by Sec. 170.112, is prohibited for the 
entire area while the signs are posted.
    (d) Oral warnings. The agricultural employer shall provide oral 
warnings to workers in a manner that the worker can understand. If a 
worker will be on the premises during the application, the warning shall 
be given before the application takes place. Otherwise, the warning 
shall be given at the beginning of the worker's first work period during 
which the application is taking place or the restricted-entry interval 
for the pesticide is in effect. The warning shall consist of:
    (1) The location and description of the treated area.
    (2) The time during which entry is restricted.
    (3) Instructions not to enter the treated area until the restricted-
entry interval has expired.

[57 FR 38151, Aug. 21, 1992, as amended at 61 FR 33207, June 26, 1996]