3.3 Directions for Use & Worker Protection Standard (WPS)

3.3 Directions for Use & Worker Protection Standard (WPS)

Statutory Directive: The "Directions for Use" section provides instructions on how to mix, load, apply, store, and dispose of a pesticide product. It is governed by the universal legal preface mandated by federal law:

"It is a violation of Federal law to use this product in a manner inconsistent with its labeling."

Every directive in this section that contains mandatory wording is enforceable by the Nebraska Department of Agriculture and the EPA. Understanding the distinction between mandatory commands and advisory language, alongside the rigorous requirements of the Worker Protection Standard (WPS), is essential for passing the state licensing examination and avoiding costly legal liability.

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Mandatory vs. Advisory Label Statements

The EPA issued Pesticide Registration Notice (PR Notice) 2000-5 to eliminate ambiguity between legally binding requirements and non-binding advice. On the Nebraska certification exam, applicators must evaluate label text and distinguish enforceable obligations from advisory recommendations:

1. Mandatory Statements

Mandatory statements write the boundaries of lawful use. They describe actions that an applicator must perform or specific prohibitions that an applicator must not violate:

• Mandatory Terms: "Must", "Shall", "Do not", "Applicators are required to...", "Apply at a rate of...", "Only certified applicators may...".
• Legal Force: Failure to follow a mandatory statement is an illegal misuse under FIFRA § 12(a)(2)(G) and Nebraska Pesticide Act § 2-2646.
• Examples:
  • "Applicators must wear chemical-resistant gloves when mixing and loading."
  • "Do not apply this product within 100 feet of any wellhead or sinkhole."
  • "Do not exceed 32 fluid ounces per acre per calendar year."

2. Advisory Statements

Advisory statements offer descriptive information, product stewardship recommendations, or pest management advice. They help applicators optimize efficacy without creating binding legal commands:

• Advisory Terms: "Should", "May", "Recommended", "It is desirable to...", "Applicators can consider...".
• Legal Force: Failing to adhere to an advisory recommendation does not constitute an actionable violation under FIFRA, provided the application remains within mandatory limits and does not lead to unlawful off-target drift.
• Examples:
  • "For best results, spray should be applied when weeds are less than 4 inches tall."
  • "Application during early morning hours is recommended to avoid droplet evaporation."
  • "Rotate modes of action to manage herbicide resistance."

Comparison Table: Label Wording and Legal Status

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Structural Anatomy of Directions for Use

The Directions for Use section is arranged in standardized sub-headings:

1. Approved Application Sites & Target Pests: Lists specific agricultural crops (e.g., corn, soybeans, alfalfa, wheat), rangeland, or industrial non-crop sites. Only pests infesting labeled sites may be legally treated.
2. Application Rates & Carrier Volumes: Specifies exact product rates (fluid ounces, pints, quarts, or dry pounds per acre) and carrier volume (e.g., "Apply in 10 to 20 gallons of water per acre for ground broadcast, or 3 to 5 gallons per acre for aerial application").
3. Application Timing & Crop Growth Stages: Details crop developmental thresholds (e.g., "Apply from post-emergence up to the V6 corn growth stage or 20-inch corn height, whichever comes first").
4. Chemigation Directions: If a product may be applied through irrigation equipment, the label provides explicit instructions. Under the Nebraska Chemigation Act (Neb. Rev. Stat. §§ 46-1101 to 46-1148; Title 195 NAC), applying pesticides through center pivots requires functional anti-siphon check valves, an automatic low-pressure drain, an interlocking injection pump, and a certified chemigation applicator. If a label states "Do not apply through any type of irrigation system," chemigation is strictly illegal under FIFRA Section 2(ee).
5. Maximum Seasonal Limits: Imposes an absolute cap on the total amount of active ingredient that can be applied per acre per calendar year or cropping season (e.g., "Do not exceed 2.5 lbs atrazine active ingredient per acre per calendar year").

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The Agricultural Use Requirements Box & Worker Protection Standard (WPS)

The federal Worker Protection Standard (WPS), codified at 40 CFR Part 170, is a comprehensive regulation designed to protect agricultural employees from occupational pesticide exposures.

The Agricultural Use Requirements Box

Whenever a pesticide is labeled for commercial agricultural plant production on farms, forests, nurseries, or greenhouses, its label must include a dedicated Agricultural Use Requirements box:

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                   AGRICULTURAL USE REQUIREMENTS
Use this product only in accordance with its labeling and with the
Worker Protection Standard, 40 CFR Part 170. This Standard contains
requirements for the protection of agricultural workers on farms,
forests, nurseries, and greenhouses, and handlers of agricultural
pesticides. It contains requirements for training, decontamination,
notification, and emergency assistance.

Do not enter or allow worker entry into treated areas during the
restricted-entry interval (REI) of 48 hours.

PPE required for early entry to treated areas that is permitted under
the Worker Protection Standard includes: coveralls, chemical-resistant
gloves made of any waterproof material, and shoes plus socks.
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Agricultural Use vs. Non-Agricultural Use

Pesticide labels often carry dual registrations (e.g., labeled for farm fields and non-crop utility rights-of-way). Dual-purpose labels feature two distinct boxes:

• Agricultural Use Requirements Box: Dictates strict WPS compliance, mandatory REIs, worker notification, decontamination stations, and annual handler safety training for agricultural operations.
• Non-Agricultural Use Requirements Box: Applies to non-crop uses (lawns, golf courses, roadways, structural foundations). It typically requires: "Do not enter or allow others to enter treated areas until sprays have dried."

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Two Label Commands Applicators Routinely Miss

The federal core competency standard at 40 C.F.R. 171.103(c)(1) calls out two label requirements by name that candidates often overlook:

• "Certified applicator must be physically present at the site of application" (c)(1)(iv). Some labels - most soil fumigants, several structural fumigants, and certain acutely toxic products - do not merely require a certified applicator to supervise; they require the certified applicator to be on site for all or part of the application. A supervisor reachable by phone satisfies Nebraska direct-supervision rules but does not satisfy a physical-presence label statement, and the label statement wins.
• Product-specific notification requirements (c)(1)(viii). Individual labels impose their own notification duties - notifying the property owner or occupant before a structural fumigation, posting a treated site, informing neighbors or beekeepers before certain applications, or notifying local emergency responders before a fumigation. These are enforceable label directions under FIFRA 12(a)(2)(G) and Neb. Rev. Stat. 2-2646(4) even where Nebraska has no general notification statute of its own.

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Restricted-Entry Interval (REI) vs. Pre-Harvest Interval (PHI)

Applicators must master the operational and legal distinctions between an REI and a PHI:

1. Restricted-Entry Interval (REI)

• Definition: The period of time immediately following a pesticide application during which agricultural workers are prohibited from entering the treated field without specialized early-entry PPE.
• Regulatory Purpose: Protects field workers (e.g., detasselers, weeders, scouts, irrigators) from acute dermal and inhalation exposure to wet spray deposits and volatile vapors.
• Duration Range: Set by EPA toxicity category:
  • Category I (Corrosives / Eye damage): Standard 48-hour REI. Special Note: In arid regions receiving less than 25 inches of annual rainfall (common in western Nebraska), certain organophosphate insecticides require an extended REI of 72 hours due to slower environmental degradation.
  • Category II (Moderately toxic): Standard 24-hour REI.
  • Category III & IV (Low toxicity): Standard 12-hour REI (or 4 hours for certain biologicals).
• Early-Entry Exceptions: Workers may enter treated fields during an active REI only under strict WPS exceptions:
  1. No-Contact Tasks: Operating fully enclosed tractor cabs with positive-pressure HEPA filtration.
  2. Short-Term Tasks: Tasks lasting under 1 hour per 24-hour cycle where contact with treated surfaces is minimal, and workers wear full early-entry PPE specified in the Ag Use box.
  3. Agricultural Emergencies: Formally declared emergencies where an unexpected event (frost, flood, irrigation failure) threatens complete crop destruction.

2. Pre-Harvest Interval (PHI)

• Definition: The mandatory minimum number of calendar days that must elapse between the final pesticide application and the harvesting of the crop (or cutting/grazing for livestock forage).
• Regulatory Purpose: Governed by the Federal Food, Drug, and Cosmetic Act (FFDCA) to protect human and livestock consumers. Ensures that solar UV radiation, moisture, and microbial breakdown reduce chemical residues to or below the legal pesticide tolerance level.
• Violation Consequence: Harvesting even 24 hours prior to PHI expiration renders the entire harvest an adulterated food product subject to seizure, condemnation, and destruction by state and federal food safety authorities, accompanied by civil penalties.

Comparison Table: REI vs. PHI

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WPS Employer Responsibilities

Under 40 CFR Part 170, agricultural employers (farm operators, custom farming contractors, greenhouse owners) hold non-delegable legal duties to protect their employees:

1. Annual Safety Training

• All agricultural workers and pesticide handlers must receive EPA-approved WPS safety training annually (every 12 months) before entering treated fields or handling chemicals. The former 5-year training cycle is obsolete.
• Training must be presented in a language the worker understands, using EPA-approved video, audio-visual, or slide materials. It must be delivered by a certified applicator, an EPA-approved WPS trainer, or a designated state extension specialist.

2. Central Information Hub & Notification

Employers must maintain a central, accessible bulletin board displaying:

• EPA WPS Safety Poster: Displaying standard protection concepts and emergency contacts.
• Emergency Medical Information: Explicit name, physical address, and telephone number of the nearest hospital or emergency clinic.
• Pesticide Application Records: Must be posted before an application begins (or immediately upon completion) and remain posted for 30 days past the REI. Records must identify the product brand name, EPA Reg. No., active ingredient, location of treated field, date and time of application, and the exact REI expiration time.

3. Decontamination Supplies

Employers must provide dedicated decontamination stations located within 1/4 mile of all workers and handlers (or at the nearest vehicular access point):

• Supplies for Field Workers: Clean water for routine washing and emergency eye flushing (at least 1 gallon per worker at the start of the workday), soap, and single-use paper towels.
• Supplies for Pesticide Handlers: At least 3 gallons of clean water per handler, soap, single-use paper towels, and a clean change of clothing (overalls).
• Emergency Eyewash: For handlers working with Category I or II products requiring protective eyewear, the employer must provide an immediately accessible emergency eye flushing station delivering running clean water.

4. Emergency Transportation

If a worker or handler is exposed to pesticides or poisoned during employment, the employer must provide prompt transportation to an emergency medical facility. The employer is legally required to furnish attending medical personnel with the product Safety Data Sheet (SDS), product name, EPA Reg. No., active ingredients, and specific circumstances of the exposure incident.

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Exam Tips: Directions for Use & WPS Essentials

1. Check the Words: "Must" = mandatory violation if broken; "Should" = advisory recommendation.
2. Decontamination Proximity: Decontamination supplies must always be within 1/4 mile of the work site.
3. Annual Training: WPS training is required every 12 months (annual), not every 3 or 5 years.
4. PHI Cannot Be Bypassed: Wearing PPE allows early entry during an REI, but no amount of PPE permits harvesting a crop before the PHI has elapsed.