8.5 The Worker Protection Standard & New Hampshire Pes 1100

8.5 The Worker Protection Standard & New Hampshire Pes 1100

Quick Answer: The EPA Worker Protection Standard (40 CFR Part 170) is the federal occupational safety regulation designed to protect agricultural employees from occupational pesticide exposure. It establishes two protected classes: agricultural workers (hand laborers in treated fields) and pesticide handlers (those who mix, load, apply, or clean equipment). Employers must maintain a centralized display with the EPA safety poster, emergency medical contacts, and active application records retained for 30 days post-REI. Handlers must receive 3 gallons of clean water, soap, single-use towels, clean clothes, and emergency eyewash within 1/4 mile of work sites, while workers require 1 gallon of water. In outdoor settings, handlers must enforce a dynamic 100-foot or 25-foot Application Exclusion Zone (AEZ), halting applications immediately if any person enters the zone.

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Scope & Jurisdictional Reach of the WPS (40 CFR Part 170)

The Worker Protection Standard (WPS) was promulgated by the EPA under FIFRA authority to mitigate occupational chemical risks in agricultural production. The regulation imposes strict legal duties on agricultural employers, commercial pesticide handlers, and farm managers.

Covered Establishments

The WPS applies exclusively to operations that produce agricultural plants (crops grown for food, feed, fiber, nursery stock, or forestry):

1. Farms: Commercial crop production (orchards, berry fields, vegetables, grain).
2. Forests: Commercial timberlands and tree plantations.
3. Nurseries: Operations producing ornamental plants, turf sod, container stock, or fruit stock.
4. Enclosed Greenhouses: Glasshouses, shadehouses, and hoop houses producing agricultural plants.

Non-Covered Operations

The WPS does not govern structural pest control, residential lawn care, golf courses, utility rights-of-way, mosquito abatement districts, or livestock facilities. Those applications fall under general FIFRA label laws and New Hampshire state regulations (such as Pes 500).

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The Two Protected Employee Classes: Workers vs. Handlers

The WPS defines two distinct employee groups, establishing graduated levels of training, physical protection, and decontamination support:

+-----------------------------------------------------------------------------------+
|                     WPS PROTECTED EMPLOYEE CLASSIFICATIONS                        |
+-----------------------------------+-----------------------------------------------+
|       AGRICULTURAL WORKERS        |               PESTICIDE HANDLERS              |
+-----------------------------------+-----------------------------------------------+
| - Perform hand-labor tasks        | - Mix, load, transfer, or apply pesticides     |
|   (harvesting, weeding, pruning)  | - Clean, repair, or adjust spray machinery    |
| - Work in treated fields          | - Handle unrinsed containers or open bags     |
| - May only enter after REI        | - Act as flaggers or spray equipment operators|
|   expires (or under exemptions)   | - Face direct, concentrated chemical hazards  |
| - Decontam: 1 gal water/person    | - Decontam: 3 gal water + clothes + eyewash   |
+-----------------------------------+-----------------------------------------------+

Agricultural Workers

Individuals employed for compensation to perform hand-labor cultural tasks in pesticide-treated fields, orchards, or greenhouses. Activities include harvesting, thinning, pruning, weeding, transplanting, irrigating, and packing produce in the field. Workers do not handle open chemical containers or application equipment. Their primary protection stems from the Restricted-Entry Interval (REI).

Pesticide Handlers

Employees who directly interact with pesticide formulations and application equipment. Duties include mixing, loading, transferring chemical concentrates; operating sprayers or granular spreaders; cleaning, repairing, or servicing contaminated nozzles, pumps, and hoses; handling open pesticide containers; acting as flaggers for aerial spraying; disposing of chemical containers; or working as on-site crop advisors during applications. Handlers encounter high-concentration chemical hazards and require specialized PPE, engineering controls, and medical monitoring.

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Centralized Posting & Application Information Display

Agricultural employers must establish a Centralized Information Display located in an easily accessible area where all workers and handlers can assemble and review safety records during work hours (e.g., central packing shed, farm office, or break room).

+-----------------------------------------------------------------------------------+
|                     CENTRALIZED POSTING DISPLAY COMPONENTS                        |
+-------------------+---------------------------------------------------------------+
| 1. EPA POSTER     | Official EPA WPS safety graphic detailing basic protections,  |
|                   | worker rights, hygiene rules, and emergency guidelines.       |
+-------------------+---------------------------------------------------------------+
| 2. EMERGENCY INFO | Conspicuous, specific name, physical address, and telephone  |
|                   | number of the nearest hospital or emergency medical clinic.   |
+-------------------+---------------------------------------------------------------+
| 3. APPLICATION    | Comprehensive record for every pesticide applied:             |
|    RECORDS        | - Product brand name, EPA Reg. No., and active ingredient(s)  |
|                   | - Specific location and physical description of treated block |
|                   | - Application date, start time, and completion time           |
|                   | - Duration and expiration date/time of the REI                |
+-------------------+---------------------------------------------------------------+

Posting Timing & Record Retention Rules

• Pre-Application Timing: Application records must be posted before the pesticide application begins (or no later than 24 hours prior in certain greenhouse settings) so workers entering the property are notified.
• Continuous Display Duration: The application information must remain posted continuously for at least 30 days after the Restricted-Entry Interval (REI) expires.
• Record Retention: The agricultural employer must retain all application and hazard records on file for at least 2 years following the application date, making them immediately available upon request to employees, treating physicians, or state regulatory inspectors from the New Hampshire Division of Pesticide Control.

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WPS Training Mandates: Frequency, Content & Trainer Qualifications

• Mandatory Annual Frequency: Training is required every 12 months (annually) for both workers and handlers. Workers must receive training before performing hand-labor tasks in any area where an REI has been in effect within the past 30 days. Handlers must receive training before performing any handling task.
• EPA-Approved Curriculum: Instruction must use official EPA-approved training materials (videos, manuals, slide decks) covering personal hygiene, routes of exposure, PPE inspection, REI compliance, and worker rights.
• Authorized Trainers: Only qualified individuals may deliver WPS training:
  • Certified Commercial or Private Pesticide Applicators.
  • Individuals who have successfully completed an official EPA-approved "Train-the-Trainer" course.
  • State-designated regulatory pesticide inspectors.
• Language & Comprehension: Training must be delivered orally or audiovisually in a language and manner that the employees understand, with an authorized trainer present to answer questions.
• Advanced Handler Training Modules: Handlers must receive supplementary training on respirator user seal checks, fit testing, closed-system transfer operations, emergency spill containment, and proper spray equipment clean-out.

Decontamination Supplies: Handler vs. Worker Requirements

Employers must provide dedicated decontamination stations located within 1/4 mile (0.25 mile) of all workers and handlers, or at the nearest point of vehicular access. Decontamination sites must never be placed inside an area under an active REI.

Eyewash Standards for Handlers

When a pesticide label mandates protective eyewear, or when handlers operate closed pressurized mixing/loading systems, the employer must provide:

• A permanent plumbed eyewash station or a dedicated portable eyewash unit capable of delivering at least 0.4 gallons of clean water per minute for a minimum of 15 continuous minutes, or an approved portable station holding at least 6 gallons of water.
• In addition, handlers operating in the field must carry at least one pint (16 oz) of emergency eyewash water directly on their person or in the spray vehicle for immediate irrigation.

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The Application Exclusion Zone (AEZ) in Outdoor Production

The Application Exclusion Zone (AEZ) is a dynamic, moving horizontal protective buffer surrounding active outdoor pesticide spray equipment. The AEZ moves with the machinery across the field during application.

+-----------------------------------------------------------------------------------+
|                         APPLICATION EXCLUSION ZONE (AEZ)                          |
+-------------------+---------------------------------------------------------------+
| 100-FOOT AEZ      | Mandatory for outdoor applications applied:                   |
|                   | - Aerially by fixed-wing aircraft or helicopter               |
|                   | - By airblast sprayers in orchards, vineyards, or nurseries   |
|                   | - Using fumigants, smoke, mists, or foggers                   |
|                   | - Through ground sprayers with fine/very fine droplet spectrum|
+-------------------+---------------------------------------------------------------+
| 25-FOOT AEZ       | Mandatory for ground boom applications sprayed at a height    |
|                   | greater than 12 inches above the target plant canopy using    |
|                   | medium or larger spray droplets.                              |
+-------------------+---------------------------------------------------------------+
| 0-FOOT AEZ        | Applications where nozzles are situated 12 inches or less     |
|                   | from the target surface using coarse or larger droplets, or   |
|                   | hand-held targeted spot applications.                         |
+-------------------+---------------------------------------------------------------+

The Applicator's Mandatory Duty to Suspend

Under federal WPS regulations, the pesticide handler operating the equipment has an absolute, non-negotiable legal obligation: The handler must immediately suspend application if any unauthorized person enters the Application Exclusion Zone.

This shutdown requirement applies regardless of whether the individual is on the agricultural establishment (e.g., another farmworker) or outside the property boundary (e.g., a pedestrian, motorist, or neighbor on an adjacent road or residential lot). The applicator may resume spraying only after the person has completely exited the exclusion boundary.

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Notice of Application: Field Posting & Oral Warnings

Agricultural employers must notify workers of upcoming and active pesticide treatments to prevent inadvertent entry into treated fields:

1. Oral Warnings: The employer verbally informs workers of the exact location and description of the treated area, the scheduled dates and times of application, the duration of the Restricted-Entry Interval (REI), and warns them not to enter the block until the REI expires.
2. Field Posting (Warning Signs): Standardized WPS field warning signs must be posted at all normal worker access points, field borders, and adjacent pathways.
   • Sign Graphics: A stern face with a raised hand signaling "stop," displaying the mandatory text: "DANGER - PESTICIDES - KEEP OUT" and "PELIGRO - PESTICIDAS - NO ENTRE".
   • Posting Logistics: Signs must be posted no earlier than 24 hours prior to application, remain posted throughout the treatment and active REI, and be taken down or covered within 3 days after the REI expires.
3. Double Notification: If the pesticide label specifically states, "Notify workers of the application by warning them orally and by posting warning signs at entrances to treated areas," the employer must provide BOTH oral warnings AND field posting. Double notification is typically required for highly toxic Category I products and volatile fumigants.

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New Hampshire implementation: Pes 1100

New Hampshire adopts and enforces the WPS through its own rule chapter. Pes 1101.01 states the purpose plainly: to provide for implementation and enforcement of the Worker Protection Standard, 40 CFR Part 170, which EPA has adopted as a mandatory part of all agricultural pesticide labeling. Pes 1101.02 applies the chapter to all agricultural employers and handler employers using pesticides whose labels incorporate the WPS by reference, and to all persons who are or seek to become qualified pesticide safety trainers.

Training duties (Pes 1103)

• Pes 1103.01 - each agricultural employer must assure that each worker and early-entry worker has been trained in accordance with the WPS and Pes 1100.
• Pes 1103.02 - each handler employer must ensure that each handler is trained before performing any handling task.
• Pes 1103.03 - a worker or handler is considered trained only if trained by a qualified pesticide safety trainer who maintains a training record under Pes 1103.05.

Becoming a qualified pesticide safety trainer (Pes 1103.04)

A person must pass an examination prepared and administered by the Division testing knowledge of the Worker Protection Standard, and be qualified as one of the following:

1. a private applicator holding a restricted use permit, as evidence of meeting the Pes 305.06 competency requirements;
2. a commercial applicator registered in Agricultural Pest Control-Fruit (A1), Herbicides (A2), Field Crops (A3), Forest Pest Control (C), or any other category under which pesticides are applied commercially on an agricultural establishment - including G1 where the application is made on a nursery producing ornamental trees, shrubs, or flowers, and G2 where the application is made on an agricultural establishment producing sod; or
3. a commercial applicator not for hire registered in Category H, Demonstration and Research Pest Control, who has met the standards of competency in one or more of the categories listed above.

Training records (Pes 1103.05)

The agricultural employer or handler employer maintains on the agricultural establishment, for 2 years from the date of training, a record for each worker or handler trained, containing the trained person's printed name and signature, the identification number assigned by the qualified trainer, the date of training, the address where training was given, the type of training (worker or handler), and the name of the trainer.

One more current detail

The Application Exclusion Zone requirements described above reflect EPA's 2024 AEZ final rule, effective December 3, 2024, which reinstated the duty to suspend an application when any person enters the AEZ beyond the boundaries of the agricultural establishment - for example on a neighboring property or in an easement. A 2020 rule that would have limited the AEZ to the establishment boundary was blocked by court order and never took effect.

Where the WPS manual fits in your exam preparation

UNH Cooperative Extension and the Division list three required study sources for New Hampshire certification: the National Pesticide Applicator Certification Core Manual, the NH Code of Administrative Rules, and the Worker Protection Standard for Agricultural Pesticides manual. For commercial categories the WPS manual is required where pesticide-treated agricultural commodities are being sold, and it is required for all private applicator trainings. Exam questions are drawn directly from these materials.