[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: 40CFR170.240]



[Page 230-233]

 

                   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.  170.240  Personal protective equipment.



    (a) Requirement. Any person who performs tasks as a pesticide 

handler shall use the clothing and personal protective equipment 

specified on the labeling for use of the product.

    (b) Definition. (1) Personal protective equipment (PPE) means 

devices and apparel that are worn to protect the body from contact with 

pesticides or pesticide residues, including, but not limited to, 

coveralls, chemical-resistant suits, chemical-resistant gloves, 

chemical-resistant footwear, respiratory protection devices, chemical-

resistant aprons, chemical-resistant headgear, and protective eyewear.

    (2) Long-sleeved shirts, short-sleeved shirts, long pants, short 

pants, shoes, socks, and other items of work clothing are not considered 

personal protective equipment for the purposes of this section and are 

not subject to the requirements of this section, although pesticide 

labeling may require that such work clothing be worn during some 

activities.

    (c) Provision. When personal protective equipment is specified by 

the labeling of any pesticide for any handling activity, the handler 

employer shall provide the appropriate personal protective equipment in 

clean and operating condition to the handler.

    (1) When ``chemical-resistant'' personal protective equipment is 

specified by the product labeling, it shall be made of material that 

allows no measurable movement of the pesticide being used through the 

material during use.

    (2) When ``waterproof'' personal protective equipment is specified 

by the product labeling, it shall be made of material that allows no 

measurable movement of water or aqueous solutions through the material 

during use.

    (3) When a ``chemical-resistant suit'' is specified by the product 

labeling, it shall be a loose-fitting, one- or two-piece chemical-

resistant garment that covers, at a minimum, the entire body except 

head, hands, and feet.

    (4) When ``coveralls'' are specified by the product labeling, they 

shall be a loose-fitting, one- or two-piece garment, such as a cotton or 

cotton and polyester coverall, that covers, at a minimum, the entire 

body except head, hands, and feet. The pesticide product labeling may 

specify that the coveralls be worn over another layer of clothing.

    (5)(i) Gloves shall be of the type specified on the pesticide 

product labeling. Gloves made of leather, cotton, or other absorbent 

materials may not be worn while mixing, loading, applying, or otherwise 

handling pesticides, unless gloves made of these materials are listed as 

acceptable for such use on the product labeling.

    (ii) Separable glove liners may be worn beneath chemical-resistant 

gloves, unless the pesticide product labeling specifically prohibits 

their use. Separable glove liners are defined as separate glove-like 

hand coverings, made of lightweight material, with or without fingers. 

Work gloves made from lightweight cotton or poly-type material are 

considered to be glove liners if worn beneath chemical-resistant gloves. 

Separable glove liners may not extend outside the chemical-resistant 

gloves under which they are worn. Chemical-resistant gloves with non-

separable absorbent lining materials are prohibited.

    (iii) If used, separable glove liners must be discarded immediately 

after a total of no more than 10 hours of use or within 24 hours of when 

first put on, whichever comes first. The liners must be replaced 

immediately if directly contacted by pesticide. Used glove liners shall 

not be reused. Contaminated liners must be disposed of in accordance 

with any Federal, State, or local regulations.

    (6) When ``chemical-resistant footwear'' is specified by the product 

labeling, one of the following types of footwear must be worn:

    (i) Chemical-resistant shoes.

    (ii) Chemical-resistant boots.

    (iii) Chemical-resistant shoe coverings worn over shoes or boots.

    (7) When ``protective eyewear'' is specified by the product 

labeling, one of the following types of eyewear must be worn:

    (i) Goggles.

    (ii) Face shield.

    (iii) Safety glasses with front, brow, and temple protection.

    (iv) Full-face respirator.



[[Page 231]]



    (8) When a ``chemical-resistant apron'' is specified by the product 

labeling, an apron that covers the front of the body from mid-chest to 

the knees shall be worn.

    (9) When a respirator is specified by the product labeling, it shall 

be appropriate for the pesticide product used and for the activity to be 

performed. The handler employer shall assure that the respirator fits 

correctly.

    (10) When ``chemical-resistant headgear'' is specified by the 

product labeling, it shall be either a chemical resistant hood or a 

chemical-resistant hat with a wide brim.

    (d) Exceptions to personal protective equipment specified on product 

labeling--(1) Body protection. (i) A chemical-resistant suit may be 

substituted for ``coveralls,'' and any requirement for an additional 

layer of clothing beneath is waived.

    (ii) A chemical-resistant suit may be substituted for ``coveralls'' 

and a chemical-resistant apron.

    (2) Boots. If chemical-resistant footwear with sufficient durability 

and a tread appropriate for wear in rough terrain is not obtainable, 

then leather boots may be worn in such terrain.

    (3) Gloves. If chemical-resistant gloves with sufficient durability 

and suppleness are not obtainable, then during handling activities with 

roses or other plants with sharp thorns, leather gloves may be worn over 

chemical-resistant glove liners. However, once leather gloves are worn 

for this use, thereafter they shall be worn only with chemical-resistant 

liners and they shall not be worn for any other use.

    (4) Closed systems. If handling tasks are performed using properly 

functioning systems that enclose the pesticide to prevent it from 

contacting handlers or other persons, and if such systems are used and 

are maintained in accordance with that manufacturer's written operating 

instructions, exceptions to labeling-specified personal protective 

equipment for the handling activity are permitted as provided in 

paragraphs (d)(4)(i) and (ii) of this section.

    (i) Persons using a closed system to mix or load pesticides with a 

signal word of DANGER or WARNING may substitute a long-sleeved shirt, 

long pants, shoes, socks, chemical-resistant apron, and any protective 

gloves specified on the labeling for handlers for the labeling-specified 

personal protective equipment.

    (ii) Persons using a closed system to mix or load pesticides other 

than those in paragraph (d)(4)(i) of this section or to perform other 

handling tasks may substitute a long-sleeved shirt, long pants, shoes, 

and socks for the labeling-specified personal protective equipment.

    (iii) Persons using a closed system that operates under pressure 

shall wear protective eyewear.

    (iv) Persons using a closed system shall have all labeling-specified 

personal protective equipment immediately available for use in an 

emergency.

    (5) Enclosed cabs. If handling tasks are performed from inside a cab 

that has a nonporous barrier which totally surrounds the occupants of 

the cab and prevents contact with pesticides outside of the cab, 

exceptions to personal protective equipment specified on the product 

labeling for that handling activity are permitted as provided in 

paragraphs (d)(5) (i) through (iv) of this section.

    (i) Persons occupying an enclosed cab may substitute a long-sleeved 

shirt, long pants, shoes, and socks for the labeling-specified personal 

protective equipment. If a respiratory protection device is specified on 

the pesticide product labeling for the handling activity, it must be 

worn.

    (ii) Persons occupying an enclosed cab that has a properly 

functioning ventilation system which is used and maintained in 

accordance with the manufacturer's written operating instructions and 

which is declared in writing by the manufacturer or by a governmental 

agency to provide respiratory protection equivalent to or greater than a 

dust/mist filtering respirator may substitute a long-sleeved shirt, long 

pants, shoes, and socks for the labeling-specified personal protective 

equipment. If a respiratory protection device other than a dust/mist-

filtering respirator is specified on the pesticide product labeling, it 

must be worn.



[[Page 232]]



    (iii) Persons occupying an enclosed cab that has a properly 

functioning ventilation system which is used and maintained in 

accordance with the manufacturer's written operating instructions and 

which is declared in writing by the manufacturer or by a governmental 

agency to provide respiratory protection equivalent to or greater than 

the vapor- or gas-removing respirator specified on pesticide product 

labeling may substitute a long-sleeved shirt, long pants, shoes, and 

socks for the labeling-specified personal protective equipment. If an 

air-supplying respirator or a self-contained breathing apparatus (SCBA) 

is specified on the pesticide product labeling, it must be worn.

    (iv) Persons occupying an enclosed cab shall have all labeling-

specified personal protective equipment immediately available and stored 

in a chemical-resistant container, such as a plastic bag. They shall 

wear such personal protective equipment if it is necessary to exit the 

cab and contact pesticide-treated surfaces in the treated area. Once 

personal protective equipment is worn in the treated area, it must be 

removed before reentering the cab.

    (6) Aerial application--(i) Use of gloves. The wearing of chemical-

resistant gloves when entering or leaving an aircraft used to apply 

pesticides is optional, unless such gloves are required on the pesticide 

product labeling. If gloves are brought into the cockpit of an aircraft 

that has been used to apply pesticides, the gloves shall be kept in an 

enclosed container to prevent contamination of the inside of the 

cockpit.

    (ii) Open cockpit. Persons occupying an open cockpit shall use the 

personal protective equipment specified in the product labeling for use 

during application, except that chemical-resistant footwear need not be 

worn. A helmet may be substituted for chemical-resistant headgear. A 

visor may be substituted for protective eyewear.

    (iii) Enclosed cockpit. Persons occupying an enclosed cockpit may 

substitute a long-sleeved shirt, long pants, shoes, and socks for 

labeling-specified personal protective equipment.

    (7) Crop advisors. Crop advisors entering treated areas while a 

restricted-entry interval is in effect may wear the personal protective 

equipment specified on the pesticide labeling for early-entry activities 

instead of the personal protective equipment specified on the pesticide 

labeling for handling activities, provided:

    (i) Application has been completed for at least 4 hours.

    (ii) Any inhalation exposure level listed in the labeling has been 

reached or any ventilation criteria established by Sec.  170.110(c)(3) 

or in the labeling have been met.

    (e) Use of personal protective equipment. (1) The handler employer 

shall assure that personal protective equipment is used correctly for 

its intended purpose and is used according to the manufacturer's 

instructions.

    (2) The handler employer shall assure that, before each day of use, 

all personal protective equipment is inspected for leaks, holes, tears, 

or worn places, and any damaged equipment is repaired or discarded.

    (f) Cleaning and maintenance. (1) The handler employer shall assure 

that all personal protective equipment is cleaned according to the 

manufacturer's instructions or pesticide product labeling instructions 

before each day of reuse. In the absence of any such instructions, it 

shall be washed thoroughly in detergent and hot water.

    (2) If any personal protective equipment cannot be cleaned properly, 

the handler employer shall dispose of the personal protective equipment 

in accordance with any applicable Federal, State, and local regulations. 

Coveralls or other absorbent materials that have been drenched or 

heavily contaminated with an undiluted pesticide that has the signal 

word DANGER or WARNING on the label shall be not be reused.

    (3) The handler employer shall assure that contaminated personal 

protective equipment is kept separately and washed separately from any 

other clothing or laundry.

    (4) The handler employer shall assure that all clean personal 

protective equipment shall be either dried thoroughly before being 

stored or shall be put in a well ventilated place to dry.

    (5) The handler employer shall assure that all personal protective 

equipment is stored separately from personal



[[Page 233]]



clothing and apart from pesticide-contaminated areas.

    (6) The handler employer shall assure that when dust/mist filtering 

respirators are used, the filters shall be replaced:

    (i) When breathing resistance becomes excessive.

    (ii) When the filter element has physical damage or tears.

    (iii) According to manufacturer's recommendations or pesticide 

product labeling, whichever is more frequent.

    (iv) In the absence of any other instructions or indications of 

service life, at the end of each day's work period.

    (7) The handler employer shall assure that when gas- or vapor-

removing respirators are used, the gas- or vapor-removing canisters or 

cartridges shall be replaced:

    (i) At the first indication of odor, taste, or irritation.

    (ii) According to manufacturer's recommendations or pesticide 

product labeling, whichever is more frequent.

    (iii) In the absence of any other instructions or indications of 

service life, at the end of each day's work period.

    (8) The handler employer shall inform any person who cleans or 

launders personal protective equipment:

    (i) That such equipment may be contaminated with pesticides.

    (ii) Of the potentially harmful effects of exposure to pesticides.

    (iii) Of the correct way(s) to clean personal protective equipment 

and to protect themselves when handling such equipment.

    (9) The handler employer shall assure that handlers have a clean 

place(s) away from pesticide storage and pesticide use areas where they 

may:

    (i) Store personal clothing not in use.

    (ii) Put on personal protective equipment at the start of any 

exposure period.

    (iii) Remove personal protective equipment at the end of any 

exposure period.

    (10) The handler employer shall not allow or direct any handler to 

wear home or to take home personal protective equipment contaminated 

with pesticides.

    (g) Heat-related illness. When the use of personal protective 

equipment is specified by the labeling of any pesticide for the handling 

activity, the handler employer shall assure that no handler is allowed 

or directed to perform the handling activity unless appropriate measures 

are taken, if necessary, to prevent heat-related illness.



[57 FR 38151, Aug. 21, 1992, as amended at 69 FR 53346, Sept. 1, 2004]