[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR170.3]

[Page 241-243]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 170_WORKER PROTECTION STANDARD--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 170.3  Definitions.

    Terms used in this part have the same meanings they have in the 
Federal Insecticide, Fungicide, and Rodenticide Act, as amended. In 
addition, the following terms, when used in this part, shall have the 
following meanings:
    Agricultural employer means any person who hires or contracts for 
the services of workers, for any type of compensation, to perform 
activities related to the production of agricultural plants, or any 
person who is an owner of or is responsible for the management or 
condition of an agricultural establishment that uses such workers.
    Agricultural establishment means any farm, forest, nursery, or 
greenhouse.
    Agricultural plant means any plant grown or maintained for 
commercial or research purposes and includes, but is not limited to, 
food, feed, and fiber plants; trees; turfgrass; flowers, shrubs; 
ornamentals; and seedlings.
    Chemigation means the application of pesticides through irrigation 
systems.
    Commercial pesticide handling establishment means any establishment, 
other than an agricultural establishment, that:
    (1) Employs any person, including a self-employed person, to apply 
on an agricultural establishment, pesticides used in the production of 
agricultural plants.
    (2) Employs any person, including a self-employed person, to perform 
on an agricultural establishment, tasks as a crop advisor.
    Crop advisor means any person who is assessing pest numbers or 
damage, pesticide distribution, or the status or requirements of 
agricultural plants. The term does not include any person who is 
performing hand labor tasks.
    Early entry means entry by a worker into a treated area on the 
agricultural establishment after a pesticide application is complete, 
but before any restricted-entry interval for the pesticide has expired.
    Farm means any operation, other than a nursery or forest, engaged in 
the outdoor production of agricultural plants.

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    Forest means any operation engaged in the outdoor production of any 
agricultural plant to produce wood fiber or timber products.
    Fumigant means any pesticide product that is a vapor or gas, or 
forms a vapor or gas on application, and whose method of pesticidal 
action is through the gaseous state.
    Greenhouse means any operation engaged in the production of 
agricultural plants inside any structure or space that is enclosed with 
nonporous covering and that is of sufficient size to permit worker 
entry. This term includes, but is not limited to, polyhouses, mushroom 
houses, rhubarb houses, and similar structures. It does not include such 
structures as malls, atriums, conservatories, arboretums, or office 
buildings where agricultural plants are present primarily for aesthetic 
or climatic modification.
    Hand labor means any agricultural activity performed by hand or with 
hand tools that causes a worker to have substantial contact with 
surfaces (such as plants, plant parts, or soil) that may contain 
pesticide residues. These activities include, but are not limited to, 
harvesting, detasseling, thinning, weeding, topping, planting, sucker 
removal, pruning, disbudding, roguing, and packing produce into 
containers in the field. Hand labor does not include operating, moving, 
or repairing irrigation or watering equipment or performing the tasks of 
crop advisors.
    Handler means any person, including a self-employed person:
    (1) Who is employed for any type of compensation by an agricultural 
establishment or commercial pesticide handling establishment to which 
subpart C of this part applies and who is:
    (i) Mixing, loading, transferring, or applying pesticides.
    (ii) Disposing of pesticides or pesticide containers.
    (iii) Handling opened containers of pesticides.
    (iv) Acting as a flagger.
    (v) Cleaning, adjusting, handling, or repairing the parts of mixing, 
loading, or application equipment that may contain pesticide residues.
    (vi) Assisting with the application of pesticides.
    (vii) Entering a greenhouse or other enclosed area after the 
application and before the inhalation exposure level listed in the 
labeling has been reached or one of the ventilation criteria established 
by this part ( Sec. 170.110(c)(3)) or in the labeling has been met:
    (A) To operate ventilation equipment.
    (B) To adjust or remove coverings used in fumigation.
    (C) To monitor air levels.
    (viii) Entering a treated area outdoors after application of any 
soil fumigant to adjust or remove soil coverings such as tarpaulins.
    (ix) Performing tasks as a crop advisor:
    (A) During any pesticide application.
    (B) Before the inhalation exposure level listed in the labeling has 
been reached or one of the ventilation criteria established by this part 
(Sec. 170.110(c)(3)) or in the labeling has been met.
    (C) During any restricted-entry interval.
    (2) The term does not include any person who is only handling 
pesticide containers that have been emptied or cleaned according to 
pesticide product labeling instructions or, in the absence of such 
instructions, have been subjected to triple-rinsing or its equivalent.
    Handler employer means any person who is self-employed as a handler 
or who employs any handler, for any type of compensation.
    Immediate family includes only spouse, children, stepchildren, 
foster children, parents, stepparents, foster parents, brothers, and 
sisters.
    Nursery means any operation engaged in the outdoor production of any 
agricultural plant to produce cut flowers and ferns or plants that will 
be used in their entirety in another location. Such plants include, but 
are not limited to, flowering and foliage plants or trees; tree 
seedlings; live Christmas trees; vegetable, fruit, and ornamental 
transplants; and turfgrass produced for sod.
    Owner means any person who has a present possessory interest (fee, 
leasehold, rental, or other) in an agricultural establishment covered by 
this part. A person who has both leased

[[Page 243]]

such agricultural establishment to another person and granted that same 
person the right and full authority to manage and govern the use of such 
agricultural establishment is not an owner for purposes of this part.
    Restricted-entry interval means the time after the end of a 
pesticide application during which entry into the treated area is 
restricted.
    Treated area means any area to which a pesticide is being directed 
or has been directed.
    Worker means any person, including a self-employed person, who is 
employed for any type of compensation and who is performing activities 
relating to the production of agricultural plants on an agricultural 
establishment to which subpart B of this part applies. While persons 
employed by a commercial pesticide handling establishment are performing 
tasks as crop advisors, they are not workers covered by the requirements 
of subpart B of this part.