WPS Implementation Updates Inspection Tips Ricardo Davalos FDACS

WPS Implementation Updates. Inspection Tips Ricardo Davalos FDACS WPS Coordinator 1

Implementation Timeline 11/2/2015 Revised WPS final rule published in the Federal Register. 9/28/2015 Revised WPS final rule signed 1/2/2017 Compliance Required with Most Revised WPS Requirements Except: 1/2/2018 Compliance Required with All WPS Requirements • New content in Worker and Hander Training • New content in Pesticide Safety Information Display • Responsibility for Handlers related to the Application Exclusion Zone Notification of Availability June 22, 2018 Compliance date 2 December 19, 2018 Pending Training materials

Compliance Dates Letters from states requesting delay of WPS compliance date to Jan 2018 Late 2016 Petition from NASDA & American Farm Bureau Federation to postpone compliance date to Jan 1, 2018 21 Dec. 2016 EPA denied Petition the petition from NASDA to postpone compliance date to Jan 1, 2018 13 Jan. 2017 21 Feb. 2017 EPA publish on Federal Register Pesticides; Agricultural WPS Reconsideratio n of Several Requirements and Notice About Compliance Dates Florida started Rule Make process to adopt the Standard. Publish the Propose Rule 21 Dec. 2017 23 Jan. 2018 Florida filing a Notice of Change for the WPS rule 20 Mar. 2018 Notification of availability. New training materials need it after December 19, 2018 22 June 2018 3

• EPA Rulemaking On January 2019 in a letter from EPA to Senator Carper, EPA Acting Administrator Wheeler states that EPA is withdrawing proposal to amend WPS. The Acting Administrator says that minimum age and designated rep will remain unchanged from the 2015 rule change, but that AEZ may be amended at some point in the future. • • • No changes on Requirements for minimum age No chances on Designated Representative Application exclusion zone (AEZ). (Could be revised in the future)

• WPS Scope and purpose Who is responsible for providing WPS protections? • Agricultural employers on crop-producing agricultural establishments • Commercial pesticide handling establishment employers • Handlers are required to take measures to protect workers and other persons during pesticide applications

WPS Scope and Applicability • Who is protected? • Workers – people employed to perform work activities related to production of agricultural plants • Pesticide handlers – people employed to mix, load or apply pesticides for use on agricultural establishments in the production of agricultural plants • Other persons during pesticide applications

WPS Scope and Applicability • Keys to WPS applicability: • Use of a WPS-labeled pesticide product on an “agricultural establishment” directly related to the production of an “agricultural plant” • Employment of workers or handlers

WPS Scope and Applicability The WPS does not apply on agricultural establishments when pesticides are used as: • As part of government-sponsored public pest control programs. (e. g. , mosquito abatement and Mediterranean fruit fly eradication programs) • 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 • For control of vertebrate pests, unless directly related to the production of an agricultural plant 8

WPS Scope and Applicability The WPS does not apply on agricultural establishments when pesticides are used as: • • As attractants or repellents in traps • • For research uses of unregistered pesticides • In a manner not directly related to the production of agricultural plants, including, but not limited to livestock pest control, structural pest control and control of vegetation in non-crop areas On the harvested portions of agricultural plants or on harvested timber On pasture and rangeland where the forage will not be harvested for hay 9

Who is an Agricultural Employer 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. . 10

Commercial pesticide handler employer • Commercial pesticide handler employer means any person, other than an agricultural employer, who employs any handler to perform handler activities on an agricultural establishment. • A labor contractor who does not provide pesticide application services or supervise the performance of handler activities, but merely employs laborers who perform handler activities at the direction of an agricultural or handler employer, is not a commercial pesticide handler employer. 11

Definitions. • Outdoor production means production of an agricultural plant in an outside area that is not enclosed or covered in any way that would obstruct the natural air flow

Definitions. • Enclosed space production means production of an agricultural plant indoors or in a structure or space that is covered in whole or in part by any nonporous covering and that is large enough to permit a person to enter.

Definitions. • 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.

Definitions. • Closed system means an engineering control used to protect handlers from pesticide exposure hazards when mixing and loading pesticides

Definitions. • Crop advisor means any person who is assessing pest numbers, damage, pesticide distribution, or the status or requirements of agricultural plants.

Definitions • 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, except that it does not include an agricultural employer obtaining the services of a handler through a commercial pesticide handler employer or a commercial pesticide handling establishment.

WPS Frequent Questions And Concerns Training Respirators AEZ Posters Records

Where I Can Get Training Materials? • http: //pesticideresources. org/wps/ training/percvids/index. html • https: //npsecstore. com/ • WPS@freshfromflorida. com

Old Training Materials Still Acceptable? • The only requirements in the revised WPS that was not in effect as of January 2, 2018 is the requirements that the worker and handler pesticide safety training material cover the expanded content. (New Training Materials) • Rules stablish that old materials still good until 180 days after EPA publishes in the Federal Register a notice of availability of training materials. • EPA notification of availability issued June 22, 2018. New training materials mandatory after December 19, 2018. • Old materials are not longer acceptable

Pesticide Safety Training Compliance Training requirements • Annual training (within 12 months) • No grace period • Owners and their immediate families, are exempt

Who can be a WPS Pesticide Trainer • • Certified applicators Designate trainer by state, tribal or federal authority A person who has completed an EPA-approved train-the-trainer course • • Trainer Qualifications: Training must be conducted: Trainer must be present at all times Respond to questions Free of distractions

Pesticide Safety Training Requirements

Employer must Provide Information • The agricultural employer is responsible to provide workers and handlers with information and protections designed to reduce work-related pesticide exposures and illnesses. Employer must display: • Pesticide safety information (Poster) • Pesticide application information • Hazard information - Safety Data Sheet (SDS)

New Poster • Information can be displayed in any format. Keep the 7 concepts about preventing pesticides from entering your body. • Medical Information • Location • Enforcement or regulatory agency

Information to be display for Regulatory Agency

Keeping Pesticide Application Information Available • Display Pesticide Safety Information, Pesticide Application Information and SDS for 30 days after REI expires. • Keep application information and SDS records for 2 years from the end of the REI

Pesticide Safety Information • Display pesticide safety information at central location • At any permanent decontamination sites • At any location that provided decontamination supplies for 11 or more workers.

Pesticide Safety Training Records • Training Records Requirements: • Keep records for 2 years. • Give copy of record of training to workers and handlers upon their request