[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: 40CFR170.230]



[Page 227-228]

 

                   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.  170.230  Pesticide safety training for handlers.



    (a) Requirement. Before any handler performs any handling task, the 

handler employer shall assure that the handler has been trained in 

accordance with this section during the last 5 years, counting from the 

end of the month in which the training was completed.

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

section:

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

restricted-use pesticides under part 171 of this chapter.

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

this chapter.

    (3) A handler 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) Training programs. (1) General pesticide safety information 

shall be presented to handlers either orally from written materials or 

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

handlers can understand (such as through a translator). The presenter 

also shall respond to handlers' 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.

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



[[Page 228]]



handler training certificate must assure that the handler who receives 

the training certificate has been trained in accordance with paragraph 

(c)(4) of this section.

    (4) The pesticide safety training materials must convey, at a 

minimum, the following information:

    (i) Format and meaning of information contained on pesticide labels 

and in labeling, including safety information such as precautionary 

statements about human health hazards.

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

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

    (iii) Routes by 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.

    (viii) Need for and appropriate use of personal protective 

equipment.

    (ix) Prevention, recognition, and first aid treatment of heat-

related illness.

    (x) Safety requirements for handling, transporting, storing, and 

disposing of pesticides, including general procedures for spill cleanup.

    (xi) Environmental concerns such as drift, runoff, and wildlife 

hazards.

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

    (xiii) Requirements of this subpart that must be followed by handler 

employers for the protection of handlers and other persons, including 

the prohibition against applying pesticides in a manner that will cause 

contact with workers or other persons, the requirement to use personal 

protective equipment, the provisions for training and decontamination, 

and the protection against retaliatory acts.

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

(d)(2) of this section, if the handler employer assures that a handler 

possesses an EPA-approved Worker Protection Standard handler training 

certificate, then the requirements of paragraph (a) of this section will 

have been met.

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

EPA-approved Worker Protection Standard handler training certificate has 

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

to the handler bearing the certificate, or the handler training was 

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

handler'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 21953, May 3, 1995]