[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: 40CFR170.120]



[Page 217-220]

 

                   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 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



[[Page 218]]



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 219]]



[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 220]]



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]