the rule would be about $11.4 million annually. This conservative
estimate only includes the avoided costs in medical care and lost
productivity to workers and handlers. It does not include
quantification of the reduction in chronic effects of pesticide
exposure to workers and handlers, reduced effects of exposure including
developmental impacts, to children and pregnant workers and handlers,
or willingness to pay to avoid symptoms of pesticide exposure.
    Because the proposed changes to the requirements for protection of
workers and handlers apply to many different pesticides in many
different situations, EPA is not able to quantify the benefits expected
to accrue from reducing chronic exposure to pesticides; however, well-
documented associations between pesticide exposure and certain cancer
and non-cancer chronic health effects exist in peer-reviewed
literature. EPA conducted a ``break even'' analysis to demonstrate the
potential benefits that would result from reducing a very small number
of chronic illnesses that have well-documented associations with
pesticide exposure. Under this analysis, avoiding only 53 total cases
of non-Hodgkin's lymphoma, prostate cancer, Parkinson's disease, lung
cancer, bronchitis, and asthma (under 0.8% of total cases among
workers) would bridge the gap between the estimated benefits from
reducing acute incidents and the cost of the rule, about $63.7 million.
Overall, the weight of evidence suggests that the proposed requirements
would result in long term health benefits to agricultural workers and
pesticide handlers, not only by reducing their daily risk of pesticide
exposures, but also by improving quality of life throughout their
lives, resulting in a lower cost of health care and a healthier
society.
    In addition, changes to the current WPS requirements, namely
improved training on reducing pesticide residues brought from the
treated area to the home on workers and handlers' clothing and bodies
and establishing a minimum age for handlers and early entry workers,
other than those covered by the immediate family exemption,
specifically mitigate the potential for children to be exposed to
pesticides directly and indirectly. The unquantified benefit to
adolescent workers and handlers, as well as children of workers and
handlers is great; reducing exposure to pesticides could translate into
fewer sick days, fewer days missed of school, improved capacity to
learn, and better long-term health. Parents and caregivers reap
benefits by having healthier families, fewer missed workdays, and
better quality of life.

B. Paperwork Reduction Act (PRA)

    The information collection requirements in this proposed rule have
been submitted for approval to OMB under the PRA, 44 U.S.C. 3501 et
seq. EPA has prepared an Information Collection Request (ICR) document
to replace the existing approved ICR. The new ICR document, which is
titled ``Agricultural Worker Protection Standard Training and
Notification (Proposed Rule)'' and is identified by EPA ICR No. 2491.01
and OMB Control No. 2070-NEW, has been placed in the docket for this
proposed rule (Ref. 105). Responses to the proposed amendments would be
mandatory.
    The information activities related to the current WPS requirements
are already approved by OMB in an ICR entitled, ``Worker Protection
Standard Training and Notification'' (EPA ICR No. 1759; OMB Control No.
2070-0148) (Ref 106). The proposed rule replacement ICR addresses the
information collection requirements contained in the current
regulations as well as in the amendments identified in this proposed
rule. The amendments include:
     Increasing the amount of training handlers and workers
receive.
     Establishing a minimum age for pesticide handlers and
workers engaged in early-entry activities.
     Increasing recordkeeping responsibilities of the
agricultural employers and handler employers.
    The replacement ICR addresses adjustments to the estimated number
of respondents, time for activities, and wage rates related to the
current regulatory requirements as approved under OMB Control No. 2070-
0148. In addition, the replacement ICR addresses program changes
related to the proposed amendments, including modifications to
restrictions in field entry activities during restricted entry
intervals; increased hazard communications; increased training (for
both workers and handlers); provisions for information during emergency
assistance; and recordkeeping for respirator requirements and for
workers performing early entry activities. The estimated annual burden
approved by OMB under OMB Control No. 2070-0148 is 1,776,131 hours. The
total estimated annual respondent burden being proposed in the
replacement ICR is 8,316,993 hours, a net increase of 6,540,862 hours.
    The estimated burden represents the total to comply with the full
WPS, including all proposed revisions and those that are unchanged by
this proposal. This differs from the estimated incremental cost of the
proposal, which only considers the net cost of the proposed revisions.
    The burdens of the various activities range from 30 seconds per
respondent for workers to provide acknowledgements to their employers
to an hour per respondent for handler training. This estimate includes
third-party WPS training and notification requirements. Burden is
defined at 5 CFR 1320.3(b).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB

control number. The OMB control numbers for EPA's regulations in 40 CFR
are listed in 40 CFR part 9.
    Any comments on the Agency's need for information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, should be directed to the public docket for this
proposed rule, under Docket ID Number EPA-HQ-OPP-2011-0184. See
ADDRESSES section at the beginning of this notice for where to submit
comments to EPA. In addition, please submit a copy of your comments on
the ICR directly to OMB at the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street NW.,
Washington, DC 20503, Attention: Desk Office for EPA. Since OMB is
required to make a decision concerning the ICR between 30 and 60 days
after March 19, 2014, a comment to OMB is best assured of having the
full effect if OMB receives it by April 18, 2014. The final will
address any comments received regarding the information collection
requirements contained in this proposal.

C. Regulatory Flexibility Act (RFA)

    The RFA, 5 U.S.C. 601 et seq., generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. EPA estimates the rule will affect over 300,000 small farms,
nurseries, and greenhouses, and several hundred small commercial
entities that are contracted to apply pesticides. EPA expects the
impacts to be less than 0.1% of the annual value of sales or revenues
for the average small entity. EPA calculates the impact of the rule as
the percent of sales revenue. Only the very smallest farms, with
average sales of less than $4,500 per year, may face impacts above one
percent of sales. The number of entities that may be impacted in excess
of one percent of sales could be over 40,000, given the number of
small-small establishments. However, this is likely an overestimate of
the number of farms impacted as it does not account for the nearly
5,000 small-small farms in California that would face impacts well
below the national average. Please refer to the Economic Assessment,
Table 5.4-3. ``Small Business Impacts, WPS Farms making pesticide
applications'' for further details of the assessment.
    Small entities include small businesses, small organizations, and
small governmental jurisdictions.
    For purposes of assessing the impacts of the proposed rule on small
entities, small entity is defined in accordance with the RFA as:
    1. A small business as defined by the Small Business
Administration's (SBA) regulations at 13 CFR 121.201. The SBA's
definitions typically are based upon either a sales or an employment
level, depending on the nature of the industry.
    2. A small governmental jurisdiction that is a government of a
city, county, town, school district or special district with a
population of less than 50,000.
    3. A small organization that is any not-for-profit enterprise that
is independently owned and operated and is not dominant in its field.
    Pursuant to section 605(b) of the RFA, 5 U.S.C. 601 et seq., the
Agency hereby certifies that this action will not have a significant
adverse economic impact on a substantial number of small entities. The
factual basis for the Agency's determination is presented in the small
entity impact analysis prepared as part of the economic analysis for
this proposed rule and a copy of which is available in the docket for
this rulemaking (Ref. 18). The following is a brief summary of the
factual basis for this certification.
    Although not required by the RFA to convene a Small Business
Advocacy Review (SBAR) Panel for this particular proposed rule because
EPA has ultimately determined that this proposal would not have a
significant economic impacts on a substantial number of small entities,
EPA convened a SBAR Panel to obtain advice and recommendations from
small entities representatives potentially subject to the proposed
rule's requirements. EPA's subsequent small business analysis
demonstrates that there will not be a significant impact on a
substantial number of small entities. Nevertheless, a Panel consisting
of the following four individuals was convened:
     EPA's Small Business Advocacy Chairperson,
     Director of the Field and External Affairs Division of
EPA's Office of Pesticide Programs,
     Administrator of the Office of Information and Regulatory
Affairs within the Office of Management and Budget, and
     Acting Chief Counsel for Advocacy of the Small Business
Administration.
    The Panel was convened to consider revisions to two related rules,
which were being revised by EPA's Office of Pesticide Programs: Worker
Protection Standard for Agricultural Pesticides; and Certification of
Pesticide Applicators.
    The Worker Protection Standard applies to the following
agricultural establishments engaged in the production of agricultural
commodities: farms, forests, nurseries, and greenhouses.
    Since many agricultural establishments are small entities, the WPS
would potentially impact a large number of small entities. After
extensive research from several sources, including the National
Agricultural Statistics Service, state pesticide usage data, the Bureau
of Labor Statistics, and internet research, EPA assembled a list of
industries that could be affected by the regulation. EPA then reviewed
qualifications for small and large entities. The number of entities by
industry is listed in the Final Report of the SBAR Panel for the two
rules (Ref. 18).
    In January 2008, EPA began an informal outreach process to
potential Small Entity Representatives (SERs, representatives of the
small entities who may be subject to the requirements of the proposed
rule) as part of the pre-SBAR panel planning process. SERs participate
in the process to ensure that EPA hears the concerns and suggestions of
small entities. EPA contacted States, agricultural extension agents,
and organizations known to represent affected small business, such as
grower associations, and various pest control industry associations to
ask them to submit the names of potential SERs. EPA looked for
representatives from differing types of businesses involved in
pesticide application and/or different crops or agricultural
commodities. EPA also sought to have representatives from a number of
geographic areas of the nation.
    In February 2008, EPA sent an email to the 20 potential SERs
identified by that point and provided background on the proposed
changes and a description of the SBAR Panel Process. EPA held an
informal outreach meeting on June 30, 2008. The SBAR Panel convened on
September 4, 2008. The Panel decided to add one additional SER, for a
total of 21, prior to the Panel meeting with the SERs. The Panel held a
formal panel outreach meeting/teleconference with SERs on September 25,
2008. Two weeks before the panel outreach meeting EPA sent materials to
each of the SERs via email. A list of all materials shared with the
SERs before the outreach meeting is contained in the pre-proposed rule
portion of the docket for this action.

    The outreach meeting was held to solicit feedback from the SERs on
their suggestions for the upcoming rulemaking. EPA asked the SERs to
provide feedback on ideas under consideration for the proposed
rulemaking and to respond to questions regarding their experience with
the implementation of the current WPS. Specifically, the Panel asked
the SERs to provide any alternate solutions to the potential proposals
presented by EPA that would provide flexibility or would decrease the
economic impact on small entities while still accomplishing the goal of
improved safety. The Agency received written comments from SERs which
are Appendix B to the Panel's Report.
    The Panel evaluated the assembled materials and small entity
comments and prepared a report for the Agency's consideration titled:
``Small Business Advocacy Review Panel on EPA's Planned Revision to Two
Related Rules: Worker Protection Standard for Agricultural Pesticides;
and Certification of Pesticide Applicators.'' A copy of the Panel
report is included in the docket for this proposed rule.
    The SBAR Panel recommended that as part of the proposal for
revising the Worker Protection Standard in 40 CFR part 170, EPA
specifically request comments on the following regulatory flexibility
options:
    a. Oral notifications. The Panel recommended that EPA permit oral
notifications without posted notifications for those pesticide
applications with REIs of 48 hours or less. EPA is proposing and also
requesting comments on allowing oral notification for products with
REIs of 48 hours or less, unless the pesticide label specifically
requires both oral and posted notification.
    b. Annual training. The Panel recommended that EPA consider ways to
reduce the burden of annual training for workers and handlers on
entities with fewer than 10 employees if they maintain written
documentation that: (1) There has been no worker turnover, (2) no new
or different pesticides have been applied, and (3) all workers and
handlers were previously trained on the establishment. EPA is proposing
annual training for all workers and handlers regardless of the number
of employees and requesting comment on this recommendation.
    c. Grace period. The Panel recommended that EPA consider
programmatic flexibilities for small entities related to the grace
period before employers must be trained. For example, consider
collaboration between the Agency and states to increase the use of
training verification programs to reduce the need for unnecessary
retraining and use of the grace period. EPA is proposing a 2 day grace
period and training verification records. EPA is also requesting
comments on making mandatory the current optional training verification
program and flexibility for small entities.
    d. Shower facilities. The Panel recommended that EPA limit
consideration of shower facilities to establishments with permanent
mixing-loading sites. EPA is not proposing to require showers on any
establishment. EPA is requesting comments from the public on an
alternative requirement for employers to provide showers at permanent
mixing-loading sites.
    The Agency invites comments on all aspects of the proposal and its
impacts on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    Title II of UMRA, 2 U.S.C. 1531-1538, establishes requirements for
Federal agencies to assess the effects of their regulatory actions on
State, local, and tribal governments and the private sector. This
proposed rule does not contain a federal mandate that may result in
expenditures of $100 million or more for state, local, and tribal
governments, in the aggregate, or the private sector in any 1 year. The
total estimated cost of the proposed rule is between $65 million and
$75 million per year, with most requirements on agricultural employers,
who would bear most of the cost. Thus, this proposed rule is not
subject to the requirements of sections 202 or 205 of UMRA. This
proposed rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It would not
have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
    Although this action does not have federalism implications, EPA
worked extensively with state partners when considering revisions to
the existing regulations. As discussed in Unit V.B., EPA has solicited
feedback from states in a number of ways. The two primary avenues
through which EPA sought state comments were the National Assessment of
EPA's Pesticide Worker Safety Program (National Assessment) and the
Pesticide Program Dialogue Committee workgroup on proposed changes to
the Worker Protection Standard and Certification Rule.
    The Agency initiated the National Assessment of EPA's Pesticide
Worker Safety Program (National Assessment) in 2000. Through this
process, EPA convened stakeholder meetings in Texas, California, and
Florida. States participated substantially throughout the National
Assessment. State regulators served on workgroups related to specific
areas of change (pesticide safety training, hazard communication, and
train-the-trainer programs). States provided feedback to EPA about the
strengths and weaknesses of the rule as implemented and made
suggestions for improving the protections and enforceability of the
WPS. Recommendations from States and other stakeholders were included
in the ``Report on the National Assessment of EPA's Pesticide Worker
Safety Program'' (Ref. 17).
    In 2006, during the initial stages of the framing of this proposal,
EPA's Federal Advisory Committee, the Pesticide Program Dialogue
Committee (PPDC), formed a workgroup to provide feedback to EPA on
different areas for change. The workgroup had over 70 members
representing a wide range of stakeholders, including State
representatives. EPA shared with the workgroup suggestions for
regulatory change identified through the National Assessment and
solicited comments. The workgroup convened for a series of meetings and
conference calls to get more information on specific parts of the
regulation and provided its thoughts to the Agency. States provided
comments individually and through the Association of American Pesticide
Control Officials. Comments from the PPDC workgroup members have been
compiled into a single document and posted in the docket.
    In the spirit of the Order, and consistent with EPA policy to
promote communications between the Agency and State and local
governments, EPA specifically solicits comment on this proposed rule
from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The proposed
rule would not regulate tribal governments directly;

agricultural employers are the directly affected entities. Thus,
Executive Order 13175 does not apply to this action.
    EPA specifically solicits additional comment on this proposed
action from tribal officials.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it is not economically significant as defined
by Executive Order 12866. However, EPA believes that the environmental
health or safety risks addressed in this proposed rule have a
disproportionate effect on children.
    Children face the risk of pesticide exposure from work in
pesticide-treated areas, from the use of pesticides near their homes,
and from residues of pesticides brought home by family members after a
day of working with pesticides or in pesticide-treated areas. The
proposed rule is intended to reduce these exposures and risks. By
establishing a minimum age for certain pesticide-related activities in
agriculture, children would receive less exposure to pesticides that
may lead to chronic or acute pesticide-related illness. Another
proposal to reduce risk to children is training workers and handlers on
the risks presented by take-home pesticide exposure and how best to
reduce it.
    Like the Department of Labor's regulations that implement the FLSA,
the proposed rule seeks to regulate the ages at which children can work
in agriculture, at least for certain activities. The proposed rule
would establish a minimum age of 16 for pesticide handlers and for
early-entry workers, except those working on an establishment owned by
an immediate family member. Since children in agriculture are at such
great risk, EPA feels that they warrant special consideration in light
of the Executive Order on children's health. EPA expects that many of
the proposed changes would mitigate or eliminate many risks faced by
youths.
    The public is invited to submit comments or identify peer-reviewed
studies and data that assess effects of early life exposure to
pesticides.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355; May 22, 2001), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. The revisions to part 170 are intended
to improve the standards of protection offered to agricultural workers,
and do not affect the use of oil, coal, or electricity.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA, Public Law 104-113, 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
    EPA considered adopting the American National Standards Institute
Standard for eye flushing in the event of ocular contamination, which
calls for a minimum of 1.5 liter (0.4 gallons) per minute of flushing
fluid, such as water, for 15 minutes (ANSI Z358.1-2009). EPA adopted
this standard only at permanent mixing loading sites on agricultural
establishments, rather than for all handler eye flush decontamination
because the Agency believes it would be impractical for employers to
achieve at non-permanent sites. EPA is requesting comments on the
incorporation of this standard into the regulation.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629; February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this proposed rule would not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. In fact, the population of agricultural workers and
handlers that the rule seeks to protect is comprised primarily of
minority and low-income individuals. As reviewed in Unit IV. A., the
farmworker community, due to occupation, economic status, health,
language and other sociodemographic characteristics, faces an increased
risk of pesticide exposure which this rulemaking seeks to reduce
through improving communication and protections.
    The Agency engaged with stakeholders from affected communities
extensively in the development of this rulemaking, in order to obtain
meaningful involvement of all parties. EPA believes that the proposed
changes would improve the health of agricultural workers and handlers
by, among other things, increasing the frequency of training, enhancing
training content to include ways to minimize pesticide exposure to
children and in the home, adding posting of treated areas near worker
and handler housing to prevent accidental entry, and establishing a
minimum age for pesticide handlers and early-entry workers.

List of Subjects in 40 CFR Part 170

    Environmental protection, Pesticides, Agricultural worker,
Pesticide handler, Employer, Farms, Forests, Nurseries, Greenhouses,
Worker protection standard.

    Dated: February 20, 2014.
Gina McCarthy,
Administrator.

    Therefore, it is proposed that 40 CFR chapter I, subchapter E, part
170 is revised to read as follows:

PART 170--WORKER PROTECTION STANDARD

Sec.
Subpart A--General Provisions
170.1 Scope and purpose.
170.3 Applicability of this part.
170.5 Definitions.
170.7 Effective date.
170.9 Agricultural employer duties.
170.11 Pesticide information requirements on agricultural
establishments.
170.13 Commercial pesticide handler employer duties.
170.15 Prohibited actions.
170.17 Violations of this part.

Subpart B--Requirements for Protection of Agricultural Workers
170.101 Training requirements for workers.
170.103 Establishment-specific information for workers.
170.105 Entry restrictions associated with pesticide applications.
170.107 Worker entry restrictions after pesticide applications.
170.109 Oral and posted notification of worker entry restrictions.
170.111 Worker decontamination supplies.
Subpart C--Requirements for Protection of Agricultural Pesticide
Handlers
170.201 Training requirements for handlers.
170.203 Knowledge of labeling, application-specific, and
establishment-specific information for handlers.
170.205 Requirements during applications to protect handlers,
workers, and other persons.
170.207 Personal protective equipment.
170.209 Handler decontamination supplies.
Subpart D--Exemptions and Exceptions
170.301 Exemptions.
170.303 Exceptions for entry by workers during restricted-entry
intervals.
170.305 Agricultural employer responsibilities to protect workers
entering treated areas during a restricted-entry interval.
170.307 Exceptions to personal protective equipment requirements
specified on pesticide product labeling.
170.309 Exception to training requirements for workers.

    Authority:  7 U.S.C. 136w.

Subpart A--General Provisions

Sec.  170.1  Scope and purpose.

    This regulation is intended to reduce the risks of illness or
injury to workers and handlers resulting from occupational exposures to
pesticides used in the production of agricultural plants on
agricultural establishments. It requires agricultural employers and
commercial pesticide handler employers to provide specific information
and protections to workers and handlers when pesticides are used on
agricultural establishments in the production of agricultural plants.
It also requires pesticide handlers to wear the label-specified
clothing and personal protective equipment when performing pesticide
handler activities, and to take measures to protect workers and other
persons during pesticide applications.

Sec.  170.3  Applicability of this part.

    (a) This regulation applies whenever a pesticide product bearing a
label requiring compliance with this part is used in a manner directly
related to the production of agricultural plants on an agricultural
establishment that employs workers or handlers.
    (b) This regulation does not apply when a pesticide product bearing
a label requiring compliance with this part is used on an agricultural
establishment in any of the following circumstances:
    (1) As part of government-sponsored public pest control programs of
which the owner, agricultural employer and handler employer have no
control, such as mosquito abatement and Mediterranean fruit fly
eradication programs.
    (2) On plants other than agricultural plants, which may include
plants in home fruit and vegetable gardens and home greenhouses, and
permanent plantings for ornamental purposes, such as plants that are in
ornamental gardens, parks, public or private landscaping, lawns or
other grounds that are intended only for aesthetic purposes or climatic
modification.
    (3) For control of vertebrate pests, unless directly related to the
production of an agricultural plant.
    (4) As attractants or repellents in traps.
    (5) On the harvested portions of agricultural plants or on
harvested timber.
    (6) For research uses of unregistered pesticides.
    (7) On pasture and rangeland where the forage will not be harvested
for hay.
    (8) In a manner not directly related to the production of
agricultural plants, including, but not limited to structural pest
control and control of vegetation in non-crop areas.

Sec.  170.5  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 is an owner of, or is
responsible for the management or condition of an agricultural
establishment, and who employs any worker or handler.
    Agricultural establishment means any farm, forest operation, or
nursery engaged in the outdoor or enclosed space production of
agricultural plants.
    Agricultural plant means any plant, or part thereof, grown,
maintained, or otherwise produced for commercial production.
    Authorized representative means a person designated by the worker
or handler, orally or in writing, to request and obtain any information
that the employer is required to provide upon request to the worker or
handler.
    Chemigation means the application of pesticides through irrigation
systems.
    Closed system means a system for mixing or loading pesticides that
encloses the pesticide during removal of the pesticide from its
original container and transfer, mixing, or loading of the pesticide
product, mixtures or dilutions, and any rinse solution, if applicable,
into a new container or application equipment, in such a manner that
prevents the pesticide and any pesticide mixture or use dilution from
contacting handlers or other persons before, during and after the
transfer, except for negligible release associated with normal
operation of the system.
    Commercial pesticide handler employer means any person, other than
an agricultural employer, who employs any handler to perform handler
activities on an agricultural establishment.
    Commercial pesticide handling establishment means any enterprise,
other than an agricultural establishment, that provides pesticide
handler or crop advising services to agricultural establishments.
    Commercial production means growing, maintaining or otherwise
producing agricultural plants for sale or trade, for research or
experimental purposes, or for use in their entirety in another
location. Commercial production includes producing agricultural plants
for use by the agricultural employer or agricultural establishment
instead of purchasing the agricultural plants.
    Crop advisor means any person who is assessing pest numbers,
damage, pesticide distribution, or the status or requirements of
agricultural plants.
    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.
    Employ means to obtain, directly or through a labor contractor, the
services of a person in exchange for a salary or wages, including
piece-rate wages, without regard to who may pay or who may receive the
salary or wages. It includes obtaining the services of a self-employed
person, an independent contractor, or a person compensated by a third
party.
    Enclosed cab means a cab with a nonporous barrier that totally
surrounds the occupant(s) of the cab and prevents dermal contact with
pesticides that are being applied outside of the cab.
    Enclosed space production means production of an agricultural plant
in a structure or space that is covered in whole or in part and that is
large enough to permit a person to enter.
    Entry-restricted area means the area from which workers or other
persons

must be excluded during and after the pesticide application.
    Farm means any agricultural establishment, other than a nursery or
forest operation, engaged in the outdoor or enclosed production of
agricultural plants.
    Forest operation means an agricultural establishment engaged in the
outdoor production of any agricultural plant to produce any wood fiber
or timber products.
    Fumigant means any pesticide product that is a vapor or gas, or
forms a vapor or gas upon application, and whose pesticidal action is
achieved through the gaseous or vapor state.
    Hand labor means any agricultural activity performed by hand or
with hand tools that cause a worker to have substantial contact with
plants, plant parts, or soil and other surfaces that may contain
pesticide residues.
    Handler means any person, including a self-employed person, who is
employed by an agricultural employer or commercial pesticide handler
employer and performs any of the following activities:
    (1) Mixing, loading, or applying pesticides;
    (2) Disposing of pesticides;
    (3) Handling opened containers of pesticides; emptying, triple-
rinsing, or cleaning pesticide containers according to pesticide
product labeling instructions; or disposing of pesticide containers
that have not been cleaned. The term does not include any person who is
only handling unopened pesticide containers or pesticide containers
that have been emptied or cleaned according to pesticide product
labeling instructions;
    (4) Acting as a flagger;
    (5) Cleaning, adjusting, handling, or repairing the parts of
mixing, loading, or application equipment that may contain pesticide
residues;
    (6) Assisting with the application of pesticides;
    (7) Entering an enclosed space after the application of a pesticide
and before the inhalation exposure level listed in the labeling has
been reached or one of the ventilation criteria established by Sec.
170.105(b)(3) or the labeling has been met to operate ventilation
equipment, monitor air levels, or adjust or remove coverings used in
fumigation;
    (8) Entering a treated area outdoors after application of any soil
fumigant during the label-specified entry restricted period to adjust
or remove coverings used in fumigation, such as tarpaulins;
    (9) Performing tasks as a crop advisor during any pesticide
application or restricted-entry interval, or before the inhalation
exposure level listed in the pesticide product labeling has been
reached or one of the ventilation criteria established by Sec.
170.105(b)(3) or the pesticide product labeling has been met.
    Handler employer means any person who is self-employed as a handler
or who employs any handler.
    Immediate family is limited to the spouse, parents, stepparents,
foster parents, father-in-law, mother-in-law, children, stepchildren,
foster children, sons-in-law, daughters-in-law, grandparents,
grandchildren, brothers, sisters, brothers-in-law, and sisters-in-law.
    Labor contractor means a person who employs workers or handlers to
perform tasks on an agricultural establishment for an agricultural
employer or a commercial pesticide handler employer.
    Nursery means any agricultural establishment engaged in the outdoor
or enclosed space production of any agricultural plant to produce cut
flowers or foliage, ferns, plants, or seedlings that will be used in
part or 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 turf grass produced for sod.
    Outdoor production means production of an agricultural plant in an
outside open space or area that is not enclosed or covered in any way.
    Owner means any person who has a present possessory interest (e.g.,
fee, leasehold, rental, or other) in an agricultural establishment. A
person who has both leased 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.
    Personal protective equipment 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,
respirators, chemical-resistant aprons, chemical-resistant headgear,
and protective eyewear.
    Restricted-entry interval means the time after the end of a
pesticide application during which entry into the treated area is
restricted.
    Safety data sheet has the same meaning as the definition at 29 CFR
1900.1200(c).
    Treated area means any area to which a pesticide is being directed
or has been directed.
    Use, as in ``to use a pesticide'' means any of the following--
    (1) Pre-application activities, including, but not limited to:
    (i) Arranging for the application of the pesticide;
    (ii) Mixing and loading the pesticide;
    (iii) Making necessary preparations for the application of the
pesticide, including responsibilities related to worker notification,
training of workers or handlers, providing decontamination supplies,
providing pesticide information, use and care of personal protective
equipment, providing emergency assistance, and heat stress management.
    (2) Application of the pesticide.
    (3) Post-application activities intended to reduce the risks of
illness and injury resulting from handlers' and workers' occupational
exposures to pesticide residues during and after the restricted-entry
interval, including responsibilities related to worker notification,
training of workers or early entry workers, providing decontamination
supplies, providing pesticide information, use and care of personal
protective equipment, providing emergency assistance, and heat stress
management.
    (4) Other pesticide-related activities, including, but not limited
to, transporting or storing pesticides that have been opened, cleaning
equipment, and disposing of excess pesticides, spray mix, equipment
wash waters, pesticide containers, and other pesticide-containing
materials.
    Worker means any person, including a self-employed person, who is
employed and performs activities directly relating to the production of
agricultural plants on an agricultural establishment.
    Worker housing area means any place or area of land on or near an
agricultural establishment where housing or space for housing is
provided for workers or handlers by an agricultural employer, owner,
labor contractor, or any other person responsible for the recruitment
or employment of agricultural workers.

Sec.  170.7  Effective date.

    The effective date for this part shall be [effective date 60
calendar days after the promulgated rule is transmitted for
Congressional review per FIFRA 25(a)(4)].

Sec.  170.9  Agricultural employer duties.

    Agricultural employers must:
    (a) Ensure that any pesticide applied on an agricultural
establishment is used in a manner consistent with the pesticide product
labeling, including the requirements of this part.
    (b) Ensure that each worker and handler subject to this part
receives the protections required by this part.

    (c) Ensure that any handler, and any worker performing early entry
activities, is at least 16 years old.
    (d) Provide to each person, including labor contractors, who
supervises any workers or handlers, information and directions
sufficient to ensure that each worker and handler receives the
protections required by this part. Such information and directions must
specify the tasks for which the supervisor is responsible in order to
comply with the provisions of this part.
    (e) Require each person, including labor contractors, who
supervises any workers or handlers, to provide sufficient information
and directions to each worker and handler to ensure that they can
comply with the provisions of this part.
    (f) Provide emergency assistance. If there is reason to believe
that a person who is or has been employed by an agricultural
establishment to perform tasks related to the production of
agricultural plants, has been poisoned or injured by exposure to
pesticides as a result of his or her employment on the agricultural
establishment, the agricultural employer must do all of the following,
within 30 minutes after learning of the possible poisoning or injury:
    (1) Make available to that person transportation from the
agricultural establishment, including any worker housing area on the
establishment, to an operating emergency medical facility.
    (2) Provide to that person or treating medical personnel all of the
following information for each pesticide product to which that person
might have been exposed:
    (i) Copies of the applicable safety data sheet and the label for
the pesticide product, or alternatively, a copy of the applicable
safety data sheet for the product and the product name, EPA
registration number, active ingredients, antidote, and first aid and
medical treatment information from the pesticide product labeling.
    (ii) The circumstances of application or use of the pesticide on
the agricultural establishment.
    (iii) The circumstances that could have resulted in exposure to the
pesticide.
    (g) Ensure that workers or other persons employed by the
agricultural establishment do not clean, repair, or adjust pesticide
application equipment, unless trained as a handler under Sec.  170.201.
Before allowing any person not directly employed by the agricultural
establishment to clean, repair, or adjust equipment that has been used
to mix, load, transfer, or apply pesticides, the agricultural employer
must provide all of the following information to such persons:
    (1) That pesticide application equipment may be contaminated with
pesticides.
    (2) The potentially harmful effects of exposure to pesticides.
    (3) Procedures for handling pesticide application equipment and for
limiting exposure to pesticide residues.
    (4) Personal hygiene practices and decontamination procedures for
preventing pesticide exposures and removing pesticide residues.
    (h) Provide pesticide information in accordance with Sec.  170.11
if workers or handlers are on the establishment and within the last 30
days a pesticide product bearing a label requiring compliance with this
part has been used, or a restricted-entry interval for such pesticide
has been in effect on the establishment.
    (i) Ensure that before a handler uses any equipment for mixing,
loading, transferring, or applying pesticides, the handler is
instructed in the safe operation of such equipment.
    (j) Ensure that, before each day of use, equipment used for mixing,
loading, transferring, or applying pesticides is inspected for leaks,
clogging, and worn or damaged parts, and any damaged equipment is
repaired or replaced.
    (k) Ensure that whenever handlers employed by a commercial
pesticide handler establishment will be on an agricultural
establishment, the handler employer is provided information about, or
is aware of, the specific location and description of any entry
restricted areas, or treated areas where a restricted-entry interval is
in effect, and any restrictions on entering those areas.

Sec.  170.11  Pesticide information requirements on agricultural
establishments.

    (a) Pesticide Safety Information. Whenever pesticide information is
required to be provided under Sec.  170.9(h), pesticide safety
information must be displayed on the agricultural establishment in
accordance with this paragraph (a).
    (1) Content. The pesticide safety information must be conveyed in a
manner that workers and handlers can understand and must include all of
the following points:
    (i) Avoid getting on the skin or into the body any pesticides that
may be on or in plants, soil, irrigation water, tractors, and other
equipment, on used personal protective equipment, or drifting from
nearby applications.
    (ii) Wash before eating, drinking, using chewing gum or tobacco, or
using the toilet.
    (iii) Wear work clothing that protects the body from pesticide
residues (long-sleeved shirts, long pants, shoes and socks, and a hat
or scarf).
    (iv) Wash or shower with soap and water, shampoo hair, and put on
clean clothes after work.
    (v) Wash work clothes separately from other clothes before wearing
them again.
    (vi) Wash immediately in the nearest clean water if pesticides are
spilled or sprayed on the body. As soon as possible, shower, shampoo
hair, and change into clean clothes.
    (vii) Follow directions about keeping out of treated or entry-
restricted areas.
    (viii) The name, address, and telephone number of the nearest
operating emergency medical care facility.
    (ix) After [date 2 years after effective date of the final rule
specified in Sec.  170.7], the pesticide safety information must also
include the name, address, and telephone number of the state or tribal
lead agency responsible for pesticide enforcement, and instructions to
employees to seek medical attention as soon as possible if they believe
they have been poisoned or injured by pesticides.
    (2) Changes to pesticide safety information. If there are any
changes to the information in Sec. Sec.  170.11(a)(1)(viii) or
170.11(a)(1)(ix), the agricultural employer must promptly update the
pesticide safety information display.
    (3) Location. The pesticide safety information must be displayed at
a place on the agricultural establishment where workers and handlers
are likely to pass by or congregate and it can be readily seen and
read. The pesticide safety information must also be displayed anywhere
that decontamination supplies must be provided on the agricultural
establishment pursuant to Sec. Sec.  170.111 or 170.209.
    (4) Accessibility. Workers and handlers must be allowed access to
the pesticide safety information at all times when the information is
required to be displayed.
    (5) Legibility. The pesticide safety information must remain
legible at all times when the information is required to be displayed.
    (b) Keeping and providing information about pesticides used on the
agricultural establishment--(1) Content and timing. Whenever pesticide
information is required to be provided under Sec.  170.9(h), the
agricultural employer must maintain copies of the pesticide product
labeling and the safety data sheet for the pesticide product(s) applied
and record all of the following information no later than the end of
the

work day that the application takes place:
    (i) The name, EPA registration number, and active ingredient(s) of
the pesticide product applied.
    (ii) The crop or site treated and the location and description of
the treated area.
    (iii) The date(s) and times the application started and ended.
    (iv) The end date and duration of the restricted-entry interval.
    (2) Record Retention and Accessibility. The agricultural employer
must maintain the pesticide information described in Sec.  170.11(b)(1)
on the agricultural establishment for 2 years after the date of
expiration of any restricted-entry interval, and make the information
available to any worker(s), handler(s), or their authorized
representative(s) upon request during normal work hours.

Sec.  170.13  Commercial pesticide handler employer duties.

    Commercial pesticide handler employers must:
    (a) Ensure that any pesticide applied on an agricultural
establishment is used in a manner consistent with the pesticide product
labeling, including the requirements of this part.
    (b) Ensure each handler subject to this part receives the
protections required by this part.
    (c) Ensure that any handler is at least 16 years old.
    (d) Provide to each person, including labor contractors, who
supervises any handlers, information and directions sufficient to
ensure that each handler receives the protections required by this
part. Such information and directions must specify the tasks for which
the supervisor is responsible in order to comply with the provisions of
this part.
    (e) Require each person, including labor contractors, who
supervises any handlers, to provide sufficient information and
directions to each handler to ensure that the handler can comply with
the provisions of this part.
    (f) Ensure that before any handler uses any equipment for mixing,
loading, transferring, or applying pesticides, the handler is
instructed in the safe operation of such equipment.
    (g) Ensure that, before each day of use, equipment used for mixing,
loading, transferring, or applying pesticides is inspected for leaks,
obstructions, and worn or damaged parts, and any damaged equipment is
repaired or is replaced.
    (h) Ensure that whenever a handler who is employed by a commercial
pesticide handling establishment will be on an agricultural
establishment, the handler is provided information about, or is aware
of, the specific location and description of any entry restricted
areas, or treated areas where a restricted-entry interval is in effect,
and the restrictions on entering those areas.
    (i) Provide the agricultural employer all of the following
information before the application of any pesticide on an agricultural
establishment:
    (1) Specific location(s) and description of the area(s) to be
treated.
    (2) The date(s) and start and estimated end times of application.
    (3) Product name, EPA registration number, and active
ingredient(s).
    (4) Restricted-entry interval.
    (5) Whether posting and oral notification are required under Sec.
170.109.
    (6) Any restrictions or use directions on the pesticide product
labeling that must be followed for protection of workers, handlers, or
other persons during or after application.
    (j) Ensure if there are any changes to the information provided in
Sec.  170.13(i), that the agricultural employer is provided updated
information within 2 hours after completing the application. Changes to
the estimated application end time of less than 1 hour do not require
notification.
    (k) Provide emergency assistance. If there is reason to believe
that a person who is or has been employed by the commercial pesticide
handling establishment to perform tasks related to the production of
agricultural plants, has been poisoned or injured by exposure to
pesticides as a result of that employment, the commercial pesticide
handler employer must do all of the following, within 30 minutes after
learning of the possible poisoning or injury:
    (1) Make available to that person transportation from the
commercial pesticide handling establishment, or any agricultural
establishment on which that person may be working, to an operating
emergency medical facility.
    (2) Provide to that person or treating medical personnel all of the
following information for each pesticide product to which that person
might have been exposed:
    (i) Copies of the applicable safety data sheet and the label for
the pesticide product, or alternatively, a copy of the applicable
safety data sheet for the pesticide product and the product name, EPA
registration number, active ingredients, antidote, and first aid and
medical treatment information listed on the pesticide product labeling.
    (ii) The circumstances of application or use of the pesticide(s).
    (iii) The circumstances that could have resulted in exposure to the
pesticide(s).
    (l) Ensure that persons employed by the commercial pesticide
handling establishment do not clean, repair, or adjust pesticide
application equipment, unless trained as a handler under Sec.  170.201.
Before allowing any person not directly employed by the commercial
pesticide handling establishment to clean, repair, or adjust equipment
that has been used to mix, load, transfer, or apply pesticides, the
commercial pesticide handler employer must provide all of the following
information to such persons:
    (1) That pesticide application equipment may be contaminated with
pesticides.
    (2) The potentially harmful effects of exposure to pesticides.
    (3) Procedures for handling pesticide application equipment and for
limiting exposure to pesticide residues.
    (4) Personal hygiene practices and decontamination procedures for
preventing pesticide exposures and removing pesticide residues.

Sec.  170.15  Prohibited actions.

    No agricultural employer, commercial pesticide handler employer, or
other person involved in the use of a pesticide to which this part
applies, shall intimidate, threaten, coerce, or discriminate against
any worker or handler for attempting to comply with this part, or
because the worker or handler has made a complaint, testified,
assisted, or participated in any manner in an investigation,
proceeding, or hearing concerning compliance with this part. Any such
intimidation, threat, coercion, or discrimination violates FIFRA
section 12(a)(2)(G), 7 U.S.C. 136j(a)(2)(G).

Sec.  170.17  Violations of this part.

    (a) Under FIFRA section 12(a)(2)(G), it is unlawful for any person
``to use any registered pesticide in a manner inconsistent with its
labeling.'' When this part is referenced on a label, users must comply
with all of its requirements, except those that are inconsistent with
product-specific instructions on the pesticide product labeling.
    (b) A person who has a duty under this part, as referenced on the
pesticide product labeling, and who fails to perform that duty,
violates FIFRA section 12(a)(2)(G) and is subject to a civil penalty
under section 14. A person who knowingly violates section 12(a)(2)(G)
is subject to section 14 criminal sanctions.

    (c) FIFRA section 14(b)(4) provides that a person is liable for a
penalty under FIFRA if another person employed by or acting for that
person violates any provision of FIFRA. The term ``acting for''
includes both employment and contractual relationships, including, but
not limited to, labor contractors.
    (d) The requirements of this part, including the decontamination
requirements, must not, for the purposes of section 653(b)(1) of Title
29 of the U.S. Code, be deemed to be the exercise of statutory
authority to prescribe or enforce standards or regulations affecting
the general sanitary hazards addressed by the OSHA Field Sanitation
Standard, 29 CFR 1928.110, or other agricultural non-pesticide hazards.

Subpart B--Requirements for Protection of Agricultural Workers

Sec.  170.101  Training requirements for workers.

    (a) General requirement. Before any worker performs any task in a
treated area on an agricultural establishment where within the last 30
days a pesticide product bearing a label requiring compliance with this
part has been used, or a restricted-entry interval for such pesticide
has been in effect, the agricultural employer must ensure that each
worker has been trained in accordance with this section within the last
12 months, except as provided in paragraph (b) of this section and in
Sec.  170.309 of this part.
    (b) Exceptions. The following workers need not be trained under
this section:
    (1) A worker who is currently certified as an applicator of
restricted use pesticides under part 171 of this chapter.
    (2) A worker who has satisfied the handler training requirements of
Sec.  170.201.
    (3) A worker who is certified or licensed as a crop advisor by a
program acknowledged as appropriate in writing by EPA or the state or
tribal agency responsible for pesticide enforcement, provided that a
requirement for such certification or licensing is pesticide safety
training that includes all the topics set out in Sec.  170.201(c)(2)
and (3).
    (c) Training programs. (1) Pesticide safety training must be
presented to workers either orally from written materials or audio-
visually, at a location that is reasonably free from distraction and
conducive to training. All training materials must be EPA-approved. The
training must be presented in a manner that the workers can understand,
such as through a translator. A person that meets the trainer
requirements of Sec.  170.101(c)(4) must be present during the entire
training program to conduct the training and must respond to workers'
questions.
    (2) The training must include, at a minimum, all of the following
topics:
    (i) Agricultural employers are required to provide workers with
information and protections designed to reduce work-related pesticide
exposures and illnesses. This includes providing pesticide safety
training, pesticide safety and application information, decontamination
supplies, and emergency medical assistance, and notifying workers of
restrictions during applications and on entering pesticide treated
areas.
    (ii) How to recognize and understand the meaning of the field
warning sign used for notifying workers of restrictions on entering
pesticide treated areas on the establishment.
    (iii) How to follow directions and/or signs about keeping out of
entry-restricted or pesticide treated areas.
    (iv) Where and in what form pesticides may be encountered during
work activities and potential sources of pesticide exposure on the
agricultural establishment. This includes that pesticide residues may
be on or in plants, soil, irrigation water, tractors, application
equipment, or used personal protective equipment and that pesticides
may drift through the air from nearby applications.
    (v) Potential hazards from toxicity and exposure that pesticides
present to workers and their families, including acute and chronic
effects, delayed effects, and sensitization.
    (vi) Potential hazards from chemigation and drift.
    (vii) Routes through which pesticides can enter the body.
    (viii) Signs and symptoms of common types of pesticide poisoning.
    (ix) Emergency first aid for pesticide injuries or poisonings.
    (x) Routine and emergency decontamination procedures, including
emergency eye flushing techniques.
    (xi) Wash immediately in the nearest clean water if pesticides are
spilled or sprayed on the body and as soon as possible, shower, shampoo
hair, and change into clean clothes.
    (xii) How and when to obtain emergency medical care.
    (xiii) When working near pesticides or in pesticide treated areas,
wear work clothing that protects the body from pesticide residues and
wash hands before eating, drinking, using chewing gum or tobacco, or
using the toilet.
    (xiv) Wash or shower with soap and water, shampoo hair, and change
into clean clothes as soon as possible after working near or in
pesticide treated areas.
    (xv) Potential hazards from pesticide residues on clothing.
    (xvi) Wash work clothes before wearing again.
    (xvii) Wash work clothes separately from other clothes.
    (xviii) Do not take pesticides or pesticide containers used at work
to your home.
    (3) After [date 2 years after effective date of the final rule
specified in Sec.  170.7] if EPA has announced availability of training
materials that comply with the requirements of Sec.  170.101(c)(2)(i)-
(xviii) and Sec.  170.101(c)(3)(i)-(ix) in the Federal Register by
[date 18 months after effective date specified in Sec.  170.7], or 180
days after EPA announces availability of training materials that comply
with the requirements of Sec.  170.101(c)(2)(i)-(xviii) and Sec.
170.101(c)(3)(i)-(ix) in the Federal Register if announced after [date
18 months after effective date specified in Sec.  170.7], the training
must also include all of the following:
    (i) Agricultural employers are required to provide workers with
pesticide hazard information.
    (ii) Agricultural employers must not allow or direct any worker to
mix, load or apply pesticides or assist in the application of
pesticides unless the worker has been trained as a handler.
    (iii) There are minimum age restrictions and notification
requirements for early entry activities.
    (iv) Potential hazards to children and pregnant women from
pesticide exposure.
    (v) Keep children and nonworking family members away from pesticide
treated areas.
    (vi) Remove work boots or shoes before entering home.
    (vii) After working near or in pesticide treated areas, remove work
clothes and wash or shower before physical contact with children or
family members.
    (viii) How to report suspected pesticide use violations to the
state or tribal agency responsible for pesticide enforcement.
    (ix) Agricultural employers are prohibited from intimidating,
threatening, coercing, or discriminating against any worker for
attempting to comply with the requirements of this part, or because the
worker has made a complaint, testified, assisted, or participated in
any manner in an investigation, proceeding, or hearing pursuant to this
part.
    (4) The person who conducts the training must meet one of the
following:

    (i) Be designated as a trainer of certified applicators by EPA or
the state or tribal agency responsible for pesticide enforcement.
    (ii) Have completed an EPA-approved pesticide safety train-the-
trainer program for trainers of workers.
    (iii) Until [date 2 years after effective date of the final rule
specified in Sec.  170.7], a certified applicator of restricted use
pesticides under part 171 may conduct worker training.
    (d) Recordkeeping. (1) For each worker required to be trained under
paragraph (a), the agricultural employer must maintain on the
agricultural establishment, for 2 years from the date of the training,
a record including all of the following:
    (i) The trained worker's printed name and signature.
    (ii) The trained worker's date of birth.
    (iii) The date of the training.
    (iv) Information identifying which EPA-approved training materials
were used.
    (v) The trainer's name and documentation showing that the trainer
met the requirements of Sec.  170.101(c)(4) at the time of training.
    (vi) The agricultural employer's name.
    (2) For each worker trained, the agricultural employer must provide
to the worker a record of the training that contains the information
required under Sec.  170.101(d)(1).

Sec.  170.103  Establishment-specific information for workers.

    (a) Requirement. Before any worker performs any task in a treated
area on an agricultural establishment where within the last 30 days a
pesticide product bearing a label requiring compliance with this part
has been used, or a restricted-entry interval for such pesticide has
been in effect, the agricultural employer must ensure that the worker
has been informed of establishment-specific information in accordance
with this section. The establishment-specific information must be
provided orally, in a manner the worker can understand.
    (b) Content. The establishment-specific information must include
all of the following:
    (1) The location of pesticide safety information required by Sec.
170.11(a).
    (2) The location of pesticide application and hazard information
required by Sec.  170.11(b).
    (3) The location of decontamination supplies required by Sec.
170.111.

Sec.  170.105  Entry restrictions associated with pesticide
applications.

    (a) Outdoor production pesticide applications. During any outdoor
production pesticide application described in column A of Table 1 of
this paragraph, the agricultural employer must not allow or direct any
worker or other person, other than an appropriately trained and
equipped handler, to enter or to remain in the entry-restricted area
specified in column B of Table 1 of this paragraph. After the
application is complete, the area subject to the label-specified
restricted-entry interval and the post-application entry restrictions
specified in Sec.  170.107 is the treated area.

   Table 1--Entry-Restricted Areas During Outdoor Production Pesticide
                              Applications
------------------------------------------------------------------------
                                          B. Workers and other persons,
                                             other than appropriately
 A. During application of a pesticide:    trained and equipped handlers,
                                                are prohibited in:
------------------------------------------------------------------------
(1)(a) Applied:                          Treated area plus 100 feet
(i) Aerially, or                          around the treated area within
(ii) In an upward direction, or           the boundaries of the
(iii) Using a spray pressure greater      agricultural establishment.
 than 150 psi, or
(b) Applied as a:
(i) Fumigant, or
(ii) Smoke, or
(iii) Mist, or
(iv) Fog, or
(v) Aerosol.
(2)(a) Applied downward using:           Treated area plus 25 feet
(i) A height of greater than 12 inches    around the treated area,
 from the planting medium, or             within the boundaries of the
(ii) A fine spray (droplet median         agricultural establishment.
 diameter of 101-200 microns), or
(iii) A spray pressure greater than 40
 psi and less than 150 psi.
(b) Not as in (1) or (2)(a) of this
 table but for which a respiratory
 protection device is required for
 application by the product label.
(3) Applied otherwise..................  Treated area.
------------------------------------------------------------------------

    (b) Enclosed space production pesticide applications. (1) During
any enclosed space production pesticide application described in column
A of Table 2 under paragraph (b)(4) of this section, the agricultural
employer must not allow or direct any worker or other person, other
than an appropriately trained and equipped handler, to enter or to
remain in the entry-restricted area specified in column B of Table 2
during the application and until the time specified in column C of
Table 2 has expired.
    (2) After the time specified in column C of Table 2 under paragraph
(b)(4) of this section has expired, the area subject to the label-
specified restricted-entry interval and the post-application entry
restrictions specified in Sec.  170.107 is the area specified in column
D of Table 2 under paragraph (b)(4) of this section.
    (3) When column C of Table 2 under paragraph (b)(4) of this section
specifies that ventilation criteria must be met, ventilation must
continue until the air concentration is measured to be equal to or less
than the inhalation exposure level the labeling requires to be
achieved. If no inhalation exposure level is listed on the labeling,
ventilation must continue until after one of the following conditions
is met:
    (i) Ten air exchanges are completed.
    (ii) Two hours of ventilation using fans or other mechanical
ventilating systems.
    (iii) Four hours of ventilation using vents, windows, or other
passive ventilation.
    (iv) Eleven hours with no ventilation followed by 1 hour of
mechanical ventilation.

    (v) Eleven hours with no ventilation followed by 2 hours of passive
ventilation.
    (vi) Twenty-four hours with no ventilation.
    (4) The following Table 2 applies to paragraphs (b)(1), (2), and
(3) of this section.

             Table 2--Entry-Restricted Areas During Enclosed Space Production Pesticide Applications
----------------------------------------------------------------------------------------------------------------
                                                                                D. After the expiration
                                         B. Workers and other                              of time specified in
                                         persons, other than                                column C, the area
   A. When a pesticide is applied:      appropriately trained          C. Until:              subject to the
                                        and equipped handlers,                               restricted-entry
                                          are prohibited in:                                   interval is:
----------------------------------------------------------------------------------------------------------------
(1) As a fumigant....................  Entire enclosed space    The ventilation          No post-application
                                        plus any adjacent        criteria of paragraph    entry restrictions
                                        structure or area that   (b)(3) of this section   required by Sec.
                                        cannot be sealed off     are met.                 170.107 after criteria
                                        from the treated area.                            in column C are met.
(2) As a                               Entire enclosed space..  The ventilation          Entire enclosed space.
(i) Smoke, or                                                    criteria of paragraph
(ii) Mist, or                                                    (b)(3) of this section
(iii) Fog, or                                                    are met.
(iv) Aerosol.
(3) Not in (1) or (2) of this table,   Entire enclosed space..  The ventilation          Treated area.
 and for which a respiratory                                     criteria of paragraph
 protection device is required for                               (b)(3) of this section
 application by the product label.                               are met.
(4) Not in (1), (2), or (3) of this    Treated area plus 25     Application is complete  Treated area.
 table, and:                            feet in all directions
(i) From a height of greater than 12    of the treated area,
 in. from the planting medium, or       but not outside the
                                        enclosed space.
(ii) As a fine spray (droplet median
 diameter of 101-200 microns), or
(iii) Using a spray pressure greater
 than 40 psi.
(5) Otherwise.                         Treated area...........  Application is complete  Treated area.
----------------------------------------------------------------------------------------------------------------

Sec.  170.107  Worker entry restrictions after pesticide applications.

    (a) After the application of any pesticide in outdoor production on
an agricultural establishment, the agricultural employer must not allow
or direct any worker to enter or to remain in the treated area before
the restricted-entry interval specified on the pesticide labeling has
expired and all treated area warning signs have been removed, except
for early entry activities permitted by Sec.  170.303.
    (b) After the application of any pesticide in enclosed space
production, the agricultural employer must not allow or direct any
worker to enter or to remain in the areas specified in column D in
Table 2 under Sec.  170.105(b)(4), before the restricted-entry interval
specified on the pesticide labeling has expired and all treated area
warning signs have been removed, except for early entry activities
permitted by Sec.  170.303.
    (c) When two or more pesticides are applied at the same time, the
applicable restricted-entry interval is the longest of the applicable
restricted-entry intervals.

Sec.  170.109  Oral and posted notification of worker entry
restrictions.

    (a) General Requirement. The agricultural employer must notify
workers of all entry restrictions required by Sec. Sec.  170.105 and
170.107 in accordance with this section.
    (1) Type of notification required--(i) Outdoor production
applications. If a pesticide with product labeling that requires a
restricted-entry interval greater than 48 hours is applied in outdoor
production, the agricultural employer must notify workers of the
application by posting warning signs in accordance with paragraph (b)
of this section. If the product labeling of the pesticide requires a
restricted-entry interval equal to or less than 48 hours, the
agricultural employer must notify workers of the application either by
posting warning signs in accordance with paragraph (b) of this section
or by providing workers with an oral warning in accordance with
paragraph (c) of this section.
    (ii) Enclosed space production applications. If a pesticide with
product labeling that requires a restricted-entry interval greater than
4 hours is applied in enclosed space production, the agricultural
employer must notify workers of the application by posting warning
signs in accordance with paragraph (b) of this section. If the product
labeling of the pesticide requires a restricted-entry interval equal to
or less than 4 hours, the agricultural employer must notify workers of
the application either by posting warning signs in accordance with
paragraph (b) of this section or by providing workers with an oral
warning in accordance with paragraph (c) of this section.
    (iii) Double notification. If the pesticide product labeling has a
statement requiring both the posting of treated areas and oral
notification to workers, the agricultural employer must post signs in
accordance with paragraph (b) of this section and must also provide
oral notification of the application to the worker in accordance with
paragraph (c) of this section.
    (2) Exceptions. Notification need not be given to a worker if the
agricultural employer can ensure that one of the following is met:
    (i) From the start of the application in enclosed space production
until the end of the application and during any restricted-entry
interval, no workers will enter the entire enclosed space.
    (ii) The only worker(s) for which notification is required were
also involved in the application of the pesticide as handlers, and they
are aware of all information required by paragraph (c)(1) of this
section.
    (iii) From the start of the application in outdoor production until
the end of the application and during any restricted-entry interval, no
worker(s) will enter, work in, remain in, or pass

through on foot the treated area or any area within 1/4 mile of the
treated area on the agricultural establishment.
    (b) Requirements for posted warning signs. When posting is
required, the agricultural employer must, unless otherwise prescribed
by the label, ensure that the warning sign(s) conforms to the
requirements of this paragraph. When several contiguous areas are to be
treated with pesticides on a rotating or sequential basis, the entire
area may be posted. Worker entry, other than entry permitted by Sec.
170.303 of this part, is prohibited for the entire area while the signs
are posted.
    (1) General. The warning signs must meet all of the following
requirements:
    (i) Be one of the three sizes specified in this paragraph (b) and
comply with the posting placement and spacing requirements applicable
to that sign size.
    (ii) Be posted prior to but no earlier than 24 hours before the
scheduled application of the pesticide.
    (iii) Remain posted throughout the application and any restricted-
entry interval.
    (iv) Be removed or covered within 3 days after the end of the
application or any restricted-entry interval, whichever is later, but
under no circumstances shall the signs remain posted and uncovered when
worker entry is permitted, other than entry permitted by Sec.  170.303
of this part.
    (v) Remain visible and legible during the time they are required to
be posted.
    (2) Content. (i) The warning sign must have a white background. The
words ``DANGER'' and ``PELIGRO,'' plus ``PESTICIDES'' and
``PESTICIDAS,'' must be at the top of the sign, and the words ``Entry
Restricted'' and ``Entrada Restringida'' must be at the bottom of the
sign. Letters for all words must be clearly legible. An octagon
containing an upraised hand on the left and a stern face on the right
must be near the center of the sign. The inside of the octagon must be
red, except that the hand and a large portion of the face must be in
white. The length of the hand must be at least twice the height of the
smallest letters. The length of the face must be only slightly smaller
than the hand. Additional information such as the name of the pesticide
and the date of application may appear on the warning sign if it does
not detract from the size and appearance of the sign or change the
meaning of the required information. An example of a warning sign
meeting these requirements, other than the size and color requirements,
follows:
[GRAPHIC] [TIFF OMITTED] TP19MR14.002

    (ii) The agricultural employer may replace the Spanish portion of
the warning sign with an alternative non-English language if that
alternative language is the language read by the largest group of
workers at that agricultural establishment who do not read English. The
alternative language sign must be in the same format as the original
sign and conform to all other requirements of paragraph (b)(2)(i) of
this section.
    (iii) Until [date 2 years after effective date of the final rule
specified in Sec.  170.7], a warning sign meeting the following
requirements may be substituted for the warning sign specified in
paragraph (b)(i) of this section. The warning sign must have a
background color that contrasts with red. The words ``DANGER'' and
``PELIGRO,'' plus ``PESTICIDES'' and ``PESTICIDAS,'' shall be at the
top of the sign, and the words ``KEEP OUT'' and ``NO ENTRE'' shall be
at the bottom of the sign. Letters for all words must be clearly
legible. A circle containing an upraised hand on the left and a stern
face on the right must be near the center of the sign. The inside of
the circle must be red, except that the hand and a large portion of the
face must be in a shade that contrasts with red. The length of the hand
must be at least twice the height of the smallest letters. The length
of the face must be only slightly smaller than the hand. Additional
information such as the name of the pesticide and the date of
application may appear on the warning sign if it does not detract from
the appearance of the sign or change the meaning of the required
information. An example of a warning sign meeting these requirements,
other than the size and color requirements, follows:
[GRAPHIC] [TIFF OMITTED] TP19MR14.003

    (3) Size and posting. (i) The standard sign must be at least 14
inches by 16 inches with letters at least 1 inch in height.
    (ii) When posting treated areas in outdoor production using the
standard sign, the signs must be visible from all reasonably expected
points of worker entry to the treated area, including at least each
access road, each border with any worker housing area within 100 feet
of the treated area, and each footpath and other walking route that
enters the treated area. Where there are no reasonably expected points
of worker entry, signs must be posted in the corners of the treated
area or in any other location affording maximum visibility.
    (iii) When posting treated areas in enclosed space production using
the standard sign, the signs must be posted so they are visible from
all reasonably expected points of worker entry to the treated area
including each aisle or other walking route that enters the treated
area. Where there are no reasonably expected points of worker entry to
the treated area, signs must be posted in the corners of the treated
area or in any other location affording maximum visibility.
    (iv) If a smaller warning sign is used with ``DANGER'' and
``PELIGRO'' in letters at least 7/8 inch in height and the remaining
letters at least 1/2 inch in height and a red octagon at least 3 inches
in diameter containing an upraised hand and a stern face, the signs
must be posted no farther than 50 feet apart around the perimeter of
the treated area in addition to the locations specified in paragraphs
(b)(3)(ii) or (b)(3)(iii) of this section.

    (v) If a smaller sign is used with ``DANGER'' and ``PELIGRO'' in
letters at least 7/16 inch in height and the remaining letters at least
1/4 inch in height and a red octagon at least one and a half inches in
diameter containing an upraised hand and a stern face, the signs must
be posted no farther than 25 feet apart around the perimeter of the
treated area in addition to the locations specified in paragraphs
(b)(3)(ii) or (b)(3)(iii) of this section.
    (vi) A sign with ``DANGER'' and ``PELIGRO'' in letters less than 7/
16 inch in height or with any words in letters less than 1/4 inch in
height or a red octagon smaller than one and a half inches in diameter
containing an upraised hand and a stern face is not permitted.
    (c) Oral warnings--(1) Requirement. The agricultural employer must
provide oral warnings to workers in a manner that the workers can
understand. If a worker is on the premises when an application will
occur, the warning must be given before the application begins.
Otherwise, the warning must be given at the beginning of the worker's
first work period during which the application is taking place or the
restricted-entry interval for the pesticide is in effect. The warning
must include all of the following:
    (i) The location(s) and description of the entry-restricted area(s)
and the treated area(s).
    (ii) The dates and times during which entry is restricted.
    (iii) Instructions not to enter the entry-restricted area during
application, and not to enter the treated area until the restricted-
entry interval has expired.

Sec.  170.111  Worker decontamination supplies.

    (a) Requirement. The agricultural employer must provide
decontamination supplies in accordance with this section for any worker
on an agricultural establishment who is performing an activity in an
area where a pesticide was applied and who contacts anything that has
been treated with the pesticide, including, but not limited to, soil,
water, and plants.
    (b) General conditions. The decontamination supplies required in
paragraph (a) of this section must include 1 gallon of water per worker
for routine washing and emergency eye flushing, soap, and single-use
towels. The supplies must meet all of the following requirements:
    (1) Water. At all times when this part requires agricultural
employers to make water available to workers, the agricultural employer
must ensure that it is of a quality and temperature that will not cause
illness or injury when it contacts the skin or eyes or if it is
swallowed. When water stored in a tank is to be used for mixing
pesticides, it must not be used for decontamination or eye flushing,
unless the tank is equipped with properly functioning valves or other
mechanisms that prevent movement of pesticides into the tank, such as
anti-backflow siphon devices, one-way or check valves, or an air gap
sufficient to prevent contamination.
    (2) Soap and single-use towels. The agricultural employer must
provide soap and single-use towels for drying in quantities sufficient
to meet the workers' needs. Hand sanitizing gels and liquids or wet
towelettes do not meet the requirement for soap. Wet towelettes do not
meet the requirement for single-use towels.
    (c) Timing. (1) If any pesticide with a restricted-entry interval
greater than 4 hours was applied, the decontamination supplies must be
provided from the time workers first enter the treated area until at
least 30 days after the restricted-entry interval expires.
    (2) If the only pesticides applied in the treated area are products
with a restricted-entry interval of 4 hours or less, the
decontamination supplies must be provided from the time workers first
enter the treated area until at least 7 days after the restricted-entry
interval expires.
    (d) Location. (1) The decontamination supplies must be located
together and be reasonably accessible to and not more than 1/4 mile
from where workers are working.
    (2) Where workers are working more than 1/4 mile from the nearest
place of vehicular access, the soap, single-use towels, clean change of
clothing, and water may be at the nearest place of vehicular access.
    (3) The decontamination supplies must be outside any treated area.

Subpart C--Requirements for Protection of Agricultural Pesticide
Handlers

Sec.  170.201  Training requirements for handlers.

    (a) General requirement. Before any handler performs any handler
activity involving a pesticide product bearing a label requiring
compliance with this part, the handler employer must ensure that the
handler has been trained in accordance with this section within the
last 12 months, except as provided in paragraph (b) of this section.
    (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 is certified or licensed as a crop advisor by a
program acknowledged as appropriate in writing by EPA or the state or
tribal agency responsible for pesticide enforcement, provided that a
requirement for such certification or licensing is pesticide safety
training that includes all the topics set out in Sec.  170.201(c)(2)
and (3).
    (c) Training programs. (1) Pesticide safety training must be
presented to handlers either orally from written materials or audio-
visually, at a location that is reasonably free from distraction and
conducive to training. All training materials must be EPA-approved. The
training must be presented in a manner that the handlers can
understand, such as through a translator. A person that meets the
handler trainer requirements of Sec.  170.201(c)(4) must be present
during the entire training program to conduct the training and must
respond to handlers' questions.
    (2) The pesticide safety training materials must include, at a
minimum, all of the following:
    (i) All the topics required by Sec.  170.101(c)(2).
    (ii) Information on proper application and use of pesticides.
    (iii) Handlers must follow all pesticide labeling and use
directions.
    (iv) Format and meaning of all information contained on pesticide
labels and in labeling.
    (v) Need for and appropriate use and removal of all personal
protective equipment.
    (vi) How to recognize, prevent, and provide first aid treatment for
heat-related illness.
    (vii) Safety requirements for handling, transporting, storing, and
disposing of pesticides, including general procedures for spill
cleanup.
    (viii) Environmental concerns, such as drift, runoff, and wildlife
hazards.
    (ix) Handlers must not apply pesticides in a manner that results in
contact with workers or other persons.
    (x) Handler employers are required to provide handlers with
information and protections designed to reduce work-related pesticide
exposures and illnesses. This includes providing, cleaning,
maintaining, storing, and ensuring proper use of all required personal
protective equipment; providing decontamination supplies; and providing
specific information about pesticide use and labeling information.
    (3) After [date 2 years after effective date of final rule
specified in Sec.  170.7] if EPA has announced availability of training
materials that comply with the

requirements of Sec.  170.201(c)(2)(i)-(x) and Sec.  170.201(c)(3)(i)-
(iv) in the Federal Register by [date 18 months after effective date
specified in Sec.  170.7], or 180 days after EPA announces availability
of training materials that comply with the requirements of Sec.
170.201(c)(2)(i)-(x) and Sec.  170.201(c)(3)(i)-(iv) in the Federal
Register if announced after [date 18 months after effective date
specified in Sec.  170.7], the training materials must also include all
of the following:
    (i) Handlers must cease or suspend a pesticide application if
workers or other persons are in the treated area or the entry-
restricted area.
    (ii) Handlers must be at least 16 years of age.
    (iii) Handler employers must ensure handlers have received
respirator fit-testing, training and medical evaluation if they are
required to wear a respirator.
    (iv) Handler employers must post treated areas as required by this
rule.
    (v) All the topics specified in Sec.  170.101(c)(3).
    (4) The person who conducts the training must meet one of the
following:
    (i) Be certified as an applicator of restricted use pesticides
under part 171 of this chapter.
    (ii) Be designated as a trainer of certified applicators or
pesticide handlers by EPA or the state or tribal agency responsible for
pesticide enforcement.
    (iii) Have completed an EPA-approved pesticide safety train-the-
trainer program for handler trainers.
    (d) Recordkeeping. (1) Handler employers must maintain records of
training for handlers employed by their establishment for 2 years from
the date of the training. The records must be maintained on the
establishment and must include all of the following information:
    (i) The trained handler's printed name and signature.
    (ii) The trained handler's date of birth.
    (iii) The date of the training.
    (iv) Information identifying which EPA-approved training materials
were used.
    (v) The trainer's name and documentation showing that the trainer
met the requirements of Sec.  170.201(c)(4) at the time of training.
    (vi) The handler employer's name.
    (2) For each handler trained, the handler employer must provide a
record of the training to the handler that contains the information
required under Sec.  170.201(d)(1).

Sec.  170.203  Knowledge of labeling, application-specific, and
establishment-specific information for handlers.

    (a) Knowledge of labeling and application-specific information. (1)
The handler employer must ensure that before any handler performs any
handler activity involving a pesticide product bearing a label
requiring compliance with this part, the handler either has read the
pesticide product labeling or has been informed in a manner the handler
can understand of all labeling requirements and use directions
necessary for proper use of the pesticide.
    (2) The handler employer must ensure that the handler has access to
the product labeling at all times during handler activities.
    (3) The handler employer must ensure that the handler is aware of
requirements for any entry-restricted areas as described in Sec.
170.105.
    (b) Knowledge of establishment-specific information--(1)
Requirement. Before any handler performs any pesticide handler activity
on an agricultural establishment where within the last 30 days a
pesticide product bearing a label requiring compliance with this part
has been used, or a restricted-entry interval for such pesticide has
been in effect, the handler employer must ensure that the handler has
been informed of establishment-specific information in accordance with
this paragraph (b). The establishment-specific information must be
provided orally, in a manner the handler can understand.
    (2) Content. The establishment-specific information must include
all of the following:
    (i) The location of pesticide safety information required by Sec.
170.11(a).
    (ii) The location of pesticide application and hazard information
required by Sec.  170.11(b).
    (iii) The location of decontamination supplies required by Sec.
170.209.

Sec.  170.205  Requirements during applications to protect handlers,
workers, and other persons.

    (a) Contact with workers and other persons. The handler employer
and the handler must ensure that no pesticide is applied so as to
contact, directly or through drift, any worker or other person, other
than an appropriately trained and equipped handler located on the
establishment.
    (b) Suspending applications. After [date 2 years after effective
date of final rule specified in Sec.  170.7], the handler performing
the application must immediately stop or suspend a pesticide
application if any worker or other person, other than an appropriately
trained and equipped handler, is in the treated area or entry-
restricted area.
    (c) Handlers using highly toxic pesticides. The handler employer
must ensure that any handler who is performing any handler activity
with a pesticide product that has the skull-and-crossbones symbol on
the front panel of the pesticide product label is monitored visually or
by voice communication at least every 2 hours.
    (d) Fumigant applications in enclosed space production. The handler
employer must ensure all of the following:
    (1) That any handler who enters an entry-restricted area described
in Table 2 of Sec.  170.105, maintains continuous visual or voice
contact with another handler stationed immediately outside of the
enclosed space.
    (2) That the handler stationed outside the enclosed space has
immediate access to and uses the personal protective equipment required
by the fumigant labeling for handlers, in the event that entry becomes
necessary for rescue.

Sec.  170.207  Personal protective equipment.

    (a) Handler responsibilities. Any person who performs handler
activities involving a pesticide product bearing a label requiring
compliance with this part must use the clothing and personal protective
equipment specified on the pesticide product labeling for use of the
product.
    (b) Employer responsibilities for providing personal protective
equipment. The handler employer must provide to the handler the
personal protective equipment required by pesticide product labeling in
accordance with this section. The handler employer must ensure that the
personal protective equipment is clean and in proper operating
condition. For the purposes of this section, long-sleeved shirts,
short-sleeved shirts, long pants, short pants, shoes, and socks are not
considered personal protective equipment, even though pesticide
labeling may require such work clothing to be worn.
    (1) When ``chemical-resistant'' personal protective equipment is
specified by the pesticide product labeling to be worn, it must be made
of material that the manufacturer has declared, in writing, to be
chemical resistant.
    (2) When ``waterproof'' personal protective equipment is specified
by the pesticide product labeling to be worn, it must be made of
material that allows no measurable movement of water or aqueous
solutions through the material during ordinary conditions of use.

    (3) When a ``chemical-resistant suit'' is specified by the
pesticide product labeling to be worn, it must 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 pesticide product
labeling to be worn, they must be loose-fitting, one- or two-piece
garments that cover, at a minimum, the entire body except head, hands,
and feet.
    (5) Gloves must be the type specified on the pesticide product
labeling.
    (i) Gloves made of leather, cotton, or other absorbent materials
may not be worn while performing handler activities unless gloves made
of these materials are listed as acceptable for such use on the
pesticide 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 must
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
pesticide product labeling to be worn, 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 pesticide
product labeling to be worn, 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.
    (8) When a ``chemical-resistant apron'' is specified by the
pesticide product labeling to be worn, an apron that covers the front
of the body from mid-chest to the knees must be worn.
    (9) The respirator specified by the pesticide product labeling must
be used. Whenever a respirator other than a dust/mist filtering
respirator is required by the pesticide product labeling, the handler
employer must ensure that the requirements of paragraphs (b)(9)(i)
through (iii) of this section are met before the handler performs any
pesticide handler activity where the respirator is required to be worn.
The handler employer must maintain for 2 years, on the establishment,
records documenting the completion of the requirements of paragraphs
(b)(9)(i) through (iii) of this section.
    (i) Handler employers must provide handlers with fit-testing using
the respirator specified on the pesticide product labeling in a manner
that conforms to the provisions of 29 CFR 1910.134.
    (ii) Handler employers must provide handlers with training in the
use of the respirator specified on the pesticide product labeling in a
manner that conforms to the provisions of 29 CFR 1910.134.
    (iii) Handler employers must provide handlers with a medical
evaluation by a physician or other licensed health care professional
that conforms to the provisions of 29 CFR 1910.134 to ensure the
handler's physical ability to safely wear the respirator specified on
the pesticide product labeling.
    (10) When ``chemical-resistant headgear'' is specified by the
pesticide product labeling, it must be either a chemical-resistant hood
or a chemical-resistant hat with a wide brim.
    (c) Use of personal protective equipment. (1) The handler employer
must ensure that personal protective equipment is used correctly for
its intended purpose and is used according to the manufacturer's
instructions.
    (2) The handler employer must ensure 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.
    (d) Cleaning and maintenance. (1) The handler employer must ensure
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
must be washed thoroughly in detergent and hot water.
    (2) If any personal protective equipment cannot be cleaned
properly, the handler employer must render the personal protective
equipment unusable and dispose of it in accordance with any applicable
federal, state, and local regulations. Coveralls or other absorbent
materials that have been drenched or heavily contaminated with a
pesticide that has the signal word ``DANGER'' or ``WARNING'' on the
label must not be reused.
    (3) The handler employer must ensure that contaminated personal
protective equipment is kept separately and washed separately from any
other clothing or laundry.
    (4) The handler employer must ensure that all washed personal
protective equipment is dried thoroughly before being stored or reused.
    (5) The handler employer must ensure that all clean personal
protective equipment is stored separately from personal clothing and
apart from pesticide-contaminated areas.
    (6) The handler employer must ensure that when dust/mist filtering
respirators are used, they are replaced when one of the following
conditions is met:
    (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 8 hours of cumulative use.
    (7) The handler employer must ensure that when gas- or vapor-
removing respirators are used, the gas- or vapor-removing canisters or
cartridges are replaced before further respirator use when one of the
following conditions is met:
    (i) At the first indication of odor, taste, or irritation.
    (ii) When breathing resistance becomes excessive.
    (iii) According to manufacturer's recommendations or pesticide
product labeling instructions, whichever is more frequent.
    (iv) In the absence of any other instructions or indications of
service life, at the end of 8 hours of cumulative use.
    (8) The handler employer must inform any person who cleans or
launders personal protective equipment of all the following:
    (i) That such equipment may be contaminated with pesticides.
    (ii) The potentially harmful effects of exposure to pesticides.
    (iii) The correct way(s) to clean personal protective equipment and
to protect themselves when handling such equipment.

    (iv) Proper decontamination and personal hygiene practices.
    (9) The handler employer must ensure that handlers have a place(s)
away from pesticide storage and pesticide use areas where they may do
all of the following:
    (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 must not allow or direct any handler to
wear home or to take home personal protective equipment contaminated
with pesticides.
    (e) Heat-related illness. Where a pesticide label requires the use
of personal protective equipment for a handler activity, the handler
employer must take appropriate measures to prevent heat-related
illness.

Sec.  170.209  Handler decontamination supplies.

    (a) Requirement. The handler employer must provide decontamination
supplies in accordance with this section for any handler that is
performing any handler activity or removing personal protective
equipment at the place for changing required by Sec.  170.207(d)(9).
    (b) General conditions. The decontamination supplies required in
paragraph (a) of this section must include: at least 3 gallons of water
per handler for routine hand washing, emergency eye flushing, and
washing the entire body in case of an emergency; soap; single-use
towels; and clean clothing for use in an emergency. The decontamination
supplies must meet all of the following requirements:
    (1) Water. At all times when this section requires handler
employers to make water available to handlers, the handler employer
must ensure that it is of a quality and temperature that will not cause
illness or injury when it contacts the skin or eyes or if it is
swallowed. When water stored in a tank is to be used for mixing
pesticides, it must not be used for decontamination or eye flushing,
unless the tank is equipped with properly functioning valves or other
mechanisms that prevent movement of pesticides into the tank, such as
anti-backflow siphon devices, one-way or check valves, or an air gap
sufficient to prevent contamination.
    (2) Soap and single-use towels. The handler employer must provide
soap and single-use towels for drying in quantities sufficient to meet
the handlers' needs. Hand sanitizing gels and liquids or wet towelettes
do not meet the requirement for soap. Wet towelettes do not meet the
requirement for single-use towels.
    (3) Clean change of clothing. The handler employer must provide one
clean change of clothing, such as coveralls, for use in an emergency.
    (c) Location. The decontamination supplies must be located together
outside of any treated area, and be reasonably accessible to and not
more than 1/4 mile from each handler during the handler activity.
    (1) Exception for mixing sites. For mixing activities,
decontamination supplies must be at the mixing site.
    (2) Exception for pilots. Decontamination supplies for a pilot who
is applying pesticides aerially must be in the aircraft or at the
aircraft loading site.
    (3) Exception for handling pesticides in remote areas. Where
handler activities are performed more than 1/4 mile from the nearest
place of vehicular access, the soap, single-use towels, clean change of
clothing, and water may be at the nearest place of vehicular access.
    (4) Exception for treated areas. The decontamination supplies must
be outside any treated area or area subject to a restricted-entry
interval, unless all of the following conditions are met:
    (i) The soap, single-use towels, and clean change of clothing are
protected from pesticide contamination in closed containers.
    (ii) The water is protected from pesticide contamination in closed
containers.
    (d) Emergency eyeflushing. If the product label requires protective
eyewear for handlers, the following requirements apply.
    (1) To provide for emergency eyeflushing, the handler employer must
provide at least 1 pint of water per handler in portable containers
that are immediately available to each handler who is performing
activities for which the pesticide labeling requires protective
eyewear.
    (2) A system capable of delivering at least 1.5 liters (0.4
gallons) of water per minute for 15 minutes must be provided at all
permanent pesticide mixing and loading sites when the label requires
protective eyewear for mixing, loading, or applying.

Subpart D--Exemptions and Exceptions

Sec.  170.301  Exemptions.

    (a) Exemption for owners of agricultural establishments and their
immediate families. (1) On any agricultural establishment that is
wholly owned by an individual, or where all of the owners of the
establishment are members of the same immediate family, the owner(s) of
the establishment are not required to provide the protections of the
following provisions to themselves or members of their immediate family
when they are performing handling tasks or tasks related to the
production of agricultural plants that would otherwise be covered by
this part on their own agricultural establishment.
    (i) Sec.  170.9(c).
    (ii) Sec.  170.9(f) through (j).
    (iii) Sec.  170.11.
    (iv) Sec.  170.101.
    (v) Sec.  170.103.
    (vi) Sec.  170.109.
    (vii) Sec.  170.111 and 170.209.
    (viii) Sec.  170.201.
    (ix) Sec.  170.203.
    (x) Sec.  170.205(c) and (d).
    (xi) Sec.  170.207(c) through (e).
    (xii) Sec.  170.305(a) through (c) and (e) through (k).
    (2) The owners of agricultural establishments must provide all of
the applicable protections required by this part for any employees or
other persons on the establishment that are not members of their
immediate family.
    (b) Certified crop advisors. The requirements of Sec. Sec.
170.9(e), 170.203(a), 170.207 and 170.209 of this part do not apply to
certified crop advisors provided the application is complete and all of
the following conditions are met:
    (1) The crop advisor is certified or licensed as a crop advisor by
a program acknowledged as appropriate in writing by EPA or a state or
tribal agency responsible for pesticide enforcement.
    (2) The certification or licensing program requires pesticide
safety training that includes all the information in Sec.
170.201(c)(2) and (3).
    (3) The crop advisor who enters a treated area during a restricted-
entry interval only performs crop advising tasks while in the treated
area.

Sec.  170.303  Exceptions for entry by workers during restricted-entry
intervals.

    An agricultural employer may direct workers to enter treated areas
where a restricted-entry interval is in effect to perform certain
activities as provided in this section, and provided that the
agricultural employer ensures that the worker is at least 16 years old
and all of the applicable conditions of this section and Sec.  170.305
of this part are met.
    (a) Exception for activities with no contact. A worker may enter a
treated area during a restricted-entry interval if the agricultural
employer ensures that all of the following conditions are met:

    (1) The worker will have no contact with anything that has been
treated with the pesticide to which the restricted-entry interval
applies, including, but not limited to, soil, water, air, or surfaces
of plants. This exception does not allow workers to perform any
activities that involve contact with treated surfaces even if workers
are wearing personal protective equipment.
    (2) No such entry is allowed until any inhalation exposure level
listed in the pesticide product labeling has been reached or any
ventilation criteria required by Sec.  170.105(b)(3) or the pesticide
product labeling have been met.
    (b) Exception for short-term activities. A worker may enter a
treated area during a restricted-entry interval for short-term
activities, if the agricultural employer ensures that all of the
following requirements are met:
    (1) No hand labor activity is performed.
    (2) The time in treated areas where a restricted-entry interval is
in effect does not exceed 1 hour in any 24-hour period for any worker.
    (3) No such entry is allowed during the first 4 hours after the
application ends.
    (4) No such entry is allowed until any inhalation exposure level
listed in the pesticide product labeling has been reached or any
ventilation criteria required by Sec.  170.105(b)(3) or the pesticide
product labeling have been met.
    (c) Exception for an agricultural emergency. (1) An agricultural
emergency means a sudden occurrence or set of circumstances which the
agricultural employer could not have anticipated and over which the
agricultural employer has no control, and which requires entry into a
treated area during a restricted-entry interval, when no alternative
practices would prevent or mitigate a substantial economic loss. A
substantial economic loss means a loss in profitability greater than
that which would be expected based on the experience and fluctuations
of crop yields in previous years. Only losses caused by the
agricultural emergency specific to the affected site and geographic
area are considered. Losses resulting from mismanagement cannot be
included when determining whether a loss is substantial.
    (2) A worker may enter a treated area where a restricted-entry
interval is in effect in an agricultural emergency to perform tasks
necessary to mitigate the effects of the agricultural emergency,
including hand labor tasks, if the agricultural employer ensures that
all the following criteria are met:
    (i) EPA, the state department of agriculture, or the state or
tribal agency responsible for pesticide enforcement declares the
existence of circumstances that could cause an agricultural emergency
on that agricultural establishment.
    (ii) The agricultural employer determines that the agricultural
establishment is subject to the circumstances that result in an
agricultural emergency meeting the criteria of paragraph (c)(1) of this
section.
    (iii) If the labeling of any pesticide product applied to the
treated area requires workers to be notified of the location of treated
areas by both posting and oral notification, then the agricultural
employer must ensure that no individual worker spends more than 4 hours
out of any 24-hour period in treated areas where such a restricted-
entry interval is in effect.
    (d) Exceptions for limited contact and irrigation activities. A
worker may enter a treated area during a restricted-entry interval for
limited contact or irrigation activities, if the agricultural employer
ensures that all of the following requirements are met:
    (1) No hand labor activity is performed.
    (2) No worker is allowed in the treated area for more than 8 hours
in a 24-hour period.
    (3) No entry is allowed during the first 4 hours after the
application ends.
    (4) No such entry is allowed until any inhalation exposure level
listed in the pesticide product labeling has been reached or any
ventilation criteria required by Sec.  170.105(b)(3) or the pesticide
product labeling have been met.
    (5) The task is one that, if not performed before the restricted-
entry interval expires, would cause substantial economic loss, and
there are no alternative tasks that would prevent substantial loss.
    (6) With the exception of irrigation tasks, the need for the task
could not have been foreseen.
    (7) The worker has no contact with pesticide-treated surfaces other
than minimal contact with feet, lower legs, hands, and forearms.
    (8) The label of the product that was applied does not require both
posting and oral notification.

Sec.  170.305  Agricultural employer responsibilities to protect
workers entering treated areas during a restricted-entry interval.

    If an agricultural employer directs a worker to perform activities
in a treated area where a restricted-entry interval is in effect, all
of the following requirements must be met:
    (a) Prior to early entry, the agricultural employer must inform
each early entry worker with the information in paragraphs (a)(1)
through (9) of this section. The information must be provided orally in
a manner that the worker can understand.
    (1) Date of the entry.
    (2) Location of early entry area.
    (3) Pesticide(s) applied.
    (4) Dates and times that the restricted-entry interval begins and
ends.
    (5) Which exception in Sec.  170.303 is the basis for the early
entry, and a description of tasks that may be performed under the
exception.
    (6) Whether contact with treated surfaces is permitted under the
exception.
    (7) Amount of time the worker is allowed to remain in the treated
area.
    (8) Personal protective equipment required by the pesticide product
labeling for early entry.
    (9) Location of the pesticide safety information and the location
of the decontamination supplies required by Sec. Sec.  170.11(a)(1) and
170.111(d).
    (b) The agricultural employer must maintain on the agricultural
establishment for 2 years a record of the information provided to early
entry workers under paragraph (a) of this section, along with the
printed name, date of birth, and signature of each early entry worker
who received the information.
    (c) Prior to early entry, the agricultural employer must ensure
that each worker either has read the pesticide product labeling or has
been informed, in a manner that the worker can understand, of all
labeling requirements and statements related to human hazards or
precautions, first aid, and user safety.
    (d) The agricultural employer must ensure that each worker who
enters a treated area during a restricted-entry interval is provided
the personal protective equipment specified in the pesticide product
labeling for early entry workers. The agricultural employer must ensure
that the worker uses the personal protective equipment as intended
according to manufacturer's instructions and follows any other
requirements on the pesticide product labeling regarding early entry.
Personal protective equipment must conform to the standards in Sec.
170.207(b)(1) through (8).
    (e) The agricultural employer must maintain the personal protective
equipment in accordance with Sec.  170.207(d)(1) through (8).

    (f) The agricultural employer must ensure that no worker is allowed
or directed to wear personal protective equipment, without implementing
measures sufficient to prevent heat-related illness and that each
worker is instructed in the prevention, recognition, and first aid
treatment of heat-related illness.
    (g) The agricultural employer must not allow or direct any worker
to wear home or to take home employer-provided personal protective
equipment contaminated with pesticides.
    (h) During any early entry activity, the agricultural employer must
provide decontamination supplies in accordance with Sec.  170.209,
except the decontamination supplies must be outside any area being
treated with pesticides or subject to a restricted-entry interval,
unless the decontamination supplies would otherwise not be reasonably
accessible to those workers.
    (i) If the pesticide product labeling of the product applied
requires protective eyewear, the agricultural employer must provide at
least 1 pint of water per worker in portable containers that are
immediately available to each worker who is performing early entry
activities for emergency eyeflushing.
    (j) At the end of any early entry activities the agricultural
employer must provide, at the site where the workers remove personal
protective equipment, soap, single-use towels and at least 3 gallons of
water per worker so that the workers may wash thoroughly.

Sec.  170.307  Exceptions to personal protective equipment requirements
specified on pesticide product labeling.

    (a) Body protection. (1) A chemical-resistant suit may be
substituted for coveralls, and any requirement for an additional layer
of clothing beneath the coveralls is waived.
    (2) A chemical-resistant suit may be substituted for coveralls and
a chemical-resistant apron.
    (b) 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.
    (c) Gloves. If chemical-resistant gloves with sufficient durability
and suppleness are not obtainable, then during activities with 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 must be worn only with chemical-resistant liners and
they must not be worn for any other use.
    (d) Closed systems. (1) When pesticides are being mixed or loaded
using a closed system as defined in Sec.  170.5 that meets all of the
criteria in paragraph (d)(2) of this section, and the handler employer
meets the requirements of paragraph (d)(3) of this section, the
following exceptions to labeling-specified personal protective
equipment are permitted:
    (i) Handlers 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 and socks, chemical-resistant apron,
protective eyewear, and any protective gloves specified on the labeling
for handlers for the labeling-specified personal protective equipment.
    (ii) Handlers using a closed system to mix or load pesticides other
than those specified in paragraph (d)(1)(i) of this section may
substitute protective eyewear, long-sleeved shirt, long pants, and
shoes and socks for the labeling-specified personal protective
equipment.
    (2) The exceptions of paragraph (d)(1) of this section apply only
where the closed system meets all of the following criteria:
    (i) The pesticide must be removed from its original shipping
container and transferred through connecting hoses pipes, and/or
couplings that are sufficiently tight to prevent exposure of any person
to the concentrate, use dilution, or rinse solution.
    (ii) All hoses, piping, tanks, and connections used in conjunction
with a closed system must be of a type appropriate for the pesticide
being used and, the pressure and vacuum of the system.
    (iii) All sight gauges must be protected against breakage. Sight
gauges must be equipped with valves so the pipes to the sight gauge can
be shut off in case of breakage or leakage.
    (iv) The closed system must adequately measure the pesticide being
used. Measuring devices must be accurately calibrated to the smallest
unit in which the material is being weighed or measured.
    (v) The movement of a pesticide concentrate beyond a pump by
positive pressure must not exceed 25 pounds per square inch (psi) of
pressure.
    (vi) A probe must not be removed from a container except when the
pesticide is used without dilution and the container has been emptied
or the container is emptied and the inside, as well as the probe, have
been rinsed in accordance with Sec.  170.307(d)(2)(viii).
    (vii) Shut-off devices must be installed on the exit end of all
hoses and at all disconnect points to prevent the pesticide from
leaking when the transfer is stopped and the hose is removed or
disconnected. If the hose carried pesticide concentrate and has not
been rinsed in accordance with Sec.  170.307(d)(2)(viii), a dry break
coupler that will minimize pesticide loss to not more than two
milliliters per disconnect must be installed at the disconnect point.
If the hose carried a pesticide use dilution or rinse solution, a
reversing action pump or a similar system that will empty the hose may
be used as an alternative to a shutoff device.
    (viii) When the pesticide is to be diluted for use, the closed
system must provide for adequate rinsing of containers that have held
less than 60 gallons of a liquid pesticide. Rinsing must be done with a
medium, such as water, that contains no pesticide. The system must be
capable of spray-rinsing the inner surfaces of the container and the
rinse solution must go into the pesticide mix tank or applicator
vehicle via the closed system. The system must be capable of rinsing
the probe, if used, and all hoses, measuring devices, etc. A minimum of
15 psi of pressure must be used for rinsing. The rinsing must be
continued until minimum of 10 gallons or one-half of the container
volume, whichever is less, has been used. The rinse solution must be
removed from the pesticide container concurrently with introduction of
the rinse medium. Pesticide containers must be protected against
excessive pressure during the container rinse operation. The maximum
container pressure must not exceed five psi.
    (ix) Each commercially produced closed system or component to be
used with a closed system must be sold with complete instructions
consisting of a functional operating manual and a decal(s) covering the
basic operation. The decal(s) must be placed in a prominent location on
the system. The system must include specific directions for cleaning
and maintenance of the system on a scheduled basis and information on
any restrictions or limitations relating to the system, such as
pesticides that are incompatible with materials used in the
construction of the system, types (or sizes) of containers or closures
that cannot be handled by the system, any limits on ability to correct
or over measurement of a pesticide, or special procedures or
limitations on the ability of the system to deal with partial
containers
    (3) The exceptions of paragraph (d)(1) of this section apply only
where the handler employer has satisfied the requirements of Sec.
170.13 and all of the following conditions:
    (i) The written operating instructions for the closed system must
be available

at the mixing or loading site and must be made available to any
handlers who use the system and for inspection by authorized officials.
    (ii) The handler employer must assure that any handler operating
the closed system is trained in its use and operates the closed system
in accordance with the manufacturer's written operating instructions.
    (iii) The closed system must be cleaned and maintained as specified
in the manufacturer's written operating instructions and as needed to
make sure the system functions properly. If the system is not a
commercially produced system it must be maintained on a regular basis.
    (iv) A record of the cleaning and maintenance must be maintained on
the establishment for 2 years.
    (v) All personal protective equipment specified in the pesticide
product labeling is immediately available to the handler for use in an
emergency.
    (vi) The handler employer ensures that protective eyewear is worn
when using closed systems operating under pressure.
    (e) Enclosed cabs. (1) If a handler applies a pesticide from inside
an enclosed cab, and if the conditions listed in paragraph (e)(2) of
this section are met, handlers may substitute a long-sleeved shirt,
long pants, shoes, and socks for the labeling-specified personal
protective equipment.