[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR170.130]

[Page 325-327]
 
                   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 326]]

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 327]]

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]