[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR170.104]



[Page 210-211]

 

                   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 Sec. Sec.  

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,



[[Page 211]]



which tasks to undertake, and how to contact the crop advisor.



[60 FR 21952, May 3, 1995]