[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: 40CFR170.130]



[Page 221-223]

 

                   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.  170.130  Pesticide safety training for workers.



    (a) General requirement--(1) Agricultural employer assurance. The 

agricultural employer shall assure that each worker, required by this 

section to be trained, has been trained according to this section during 

the last 5 years, counting from the end of the month in which the 

training was completed.

    (2) Requirement for workers performing early-entry activities. 

Before a worker enters a treated area on the agricultural establishment 

during a restricted-entry interval to perform early-entry activities 

permitted by Sec.  170.112 and contacts anything that has been treated 

with the pesticide to which the restricted-entry interval applies, 

including but not limited to, soil, water, or surfaces of plants, the 

agricultural employer shall assure that the worker has been trained.

    (3) Requirements for other agricultural workers--(i) Information 

before entry. As of January 1, 1996, and except as provided in paragraph 

(a)(2) of this section, before a worker enters any areas on the 

agricultural establishment where, within the last 30 days a pesticide to 

which this subpart applies has been applied or the restricted-entry 

interval for such pesticide has been in effect, the agricultural 

employer shall assure that the worker has been provided the pesticide 

safety information specified in paragraph (c), in a manner that 

agricultural workers can understand, such as by providing written 

materials or oral communication or by other means. The agricultural 

employer must be able to verify compliance with this requirement.

    (ii) Training before the 6th day of entry. Except as provided in 

paragraph (a)(2) of this section, before the 6th day that a worker 

enters any areas on the agricultural establishment where, within the 

last 30 days a pesticide to which this subpart applies has been applied 

or a restricted-entry interval for such pesticide has been in effect, 

the agricultural employer shall assure that the worker has been trained.

    (iii) Exceptions during interim period. Until December 31, 1995, and 

except as provided by paragraph (a)(2) of this section, before the 16th 

day that a worker enters any areas on the agricultural establishment 

where, within the last 30 days a pesticide to which this subpart applies 

has been applied or a restricted-entry interval has been in effect, the 

agricultural employer shall assure that the worker has been trained. 

After December 31, 1995 this exception no longer applies.

    (b) Exceptions. The following persons need not be trained under this 

section:

    (1) A worker who is currently certified as an applicator of 

restricted-use



[[Page 222]]



pesticides under part 171 of this chapter.

    (2) A worker who satisfies the training requirements of part 171 of 

this chapter.

    (3) A worker who satisfies the handler training requirements of 

Sec.  170.230(c).

    (4) A worker 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, provided that a 

requirement for such certification or licensing is pesticide safety 

training that includes all the information set out in Sec.  

170.230(c)(4).

    (c) Pesticide safety information. The pesticide safety information 

required by paragraph (a)(3)(i) shall be presented to workers in a 

manner that the workers can understand. At a minimum, the following 

information shall be provided:

    (1) Pesticides may be on or in plants, soil, irrigation water, or 

drifting from nearby applications.

    (2) Prevent pesticides from entering your body by:

    (i) Following directions and/or signs about keeping out of treated 

or restricted areas.

    (ii) Washing before eating, drinking, using chewing gum or tobacco, 

or using the toilet.

    (iii) Wearing work clothing that protects the body from pesticide 

residues.

    (iv) Washing/showering with soap and water, shampoo hair, and put on 

clean clothes after work.

    (v) Washing work clothes separately from other clothes before 

wearing them again.

    (vi) Washing immediately in the nearest clean water if pesticides 

are spilled or sprayed on the body. As soon as possible, shower, 

shampoo, and change into clean clothes.

    (3) Further training will be provided within 5 days.

    (d) Training programs. (1) General pesticide safety information 

shall be presented to workers either orally from written materials or 

audiovisually. The information must be presented in a manner that the 

workers can understand (such as through a translator) using nontechnical 

terms. The presenter also shall respond to workers' questions.

    (2) The person who conducts the training shall meet at least one of 

the following criteria:

    (i) Be currently certified as an applicator of restricted-use 

pesticides under part 171 of this chapter; or

    (ii) Be currently designated as a trainer of certified applicators 

or pesticide handlers by a State, Federal, or Tribal agency having 

jurisdiction; or

    (iii) Have completed a pesticide safety train-the-trainer program 

approved by a State, Federal, or Tribal agency having jurisdiction; or

    (iv) Satisfy the training requirements in part 171 of this chapter 

or in Sec.  170.230(c).

    (3) Any person who issues an EPA-approved Worker Protection Standard 

worker training certificate must assure that the worker who receives the 

training certificate has been trained in accordance with (c)(4) of this 

section.

    (4) The training materials shall convey, at a minimum, the following 

information:

    (i) Where and in what form pesticides may be encountered during work 

activities.

    (ii) Hazards of pesticides resulting from toxicity and exposure, 

including acute and chronic effects, delayed effects, and sensitization.

    (iii) Routes through which pesticides can enter the body.

    (iv) Signs and symptoms of common types of pesticide poisoning.

    (v) Emergency first aid for pesticide injuries or poisonings.

    (vi) How to obtain emergency medical care.

    (vii) Routine and emergency decontamination procedures, including 

emergency eyeflushing techniques.

    (viii) Hazards from chemigation and drift.

    (ix) Hazards from pesticide residues on clothing.

    (x) Warnings about taking pesticides or pesticide containers home.

    (xi) Requirements of this subpart designed to reduce the risks of 

illness or injury resulting from workers' occupational exposure to 

pesticides, including application and entry restrictions, the design of 

the warning sign, posting of



[[Page 223]]



warning signs, oral warnings, the availability of specific information 

about applications, and the protection against retaliatory acts.

    (e) Verification of training. (1) Except as provided in paragraph 

(e)(2) of this section, if the agricultural employer assures that a 

worker possesses an EPA-approved Worker Protection Standard worker 

training certificate, then the requirements of paragraph (a) and (c) of 

this section will have been met.

    (2) If the agricultural employer is aware or has reason to know that 

an EPA-approved Worker Protection Standard worker training certificate 

has not been issued in accordance with this section, or has not been 

issued to the worker bearing the certificate, or the training was 

completed more than 5 years before the beginning of the current month, a 

worker's possession of that certificate does not meet the requirements 

of paragraph (a) of this section.



[57 FR 38151, Aug. 21, 1992, as amended at 60 FR 21947, 21952, May 3, 

1995]