3.4 Worker Protection Standard (WPS) Compliance

3.4 Worker Protection Standard (WPS) Compliance

The Environmental Protection Agency (EPA) Worker Protection Standard (WPS), codified under 40 CFR Part 170, is a federal regulatory framework designed to reduce the risk of pesticide poisonings and injuries among agricultural workers and pesticide handlers. In Washington State, WPS regulations are jointly administered and enforced by the Washington State Department of Agriculture (WSDA) under WAC 16-228 and the Department of Labor & Industries (L&I). Compliance is mandatory for agricultural establishments, including farms, forests, nurseries, and commercial greenhouses.

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Worker vs. Handler Classifications

The WPS distinguishes between two core operational roles on agricultural establishments, establishing distinct safety mandates for each:

1. Agricultural Workers

An agricultural worker is defined as any person employed for compensation to perform hand labor tasks on an agricultural establishment. Hand labor includes harvesting crops, weeding, pruning, thinning, repotting, and cultivating agricultural plants. Workers do not handle open pesticide containers or operate application machinery.

2. Pesticide Handlers

A pesticide handler is any person employed for compensation to directly engage in high-risk pesticide activities, including:

• Mixing, loading, transferring, or applying pesticides.
• Transporting open pesticide containers or servicing, cleaning, or repairing pesticide application equipment, lines, or tanks.
• Operating application equipment or entering treated areas during a Restricted Entry Interval (REI) under specific early-entry provisions.
• Acting as a flagger for aerial applications.

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Employer Mandates & Central Posting Requirements

Agricultural employers must establish a dedicated Central Information Display at a prominent, easily accessible location where workers and handlers gather (e.g., main breakroom, equipment barn, or central staging area).

                    WPS CENTRAL POSTING REQUIREMENT
  +-----------------------------------------------------------------------+
  | 1. EPA WPS SAFETY POSTER  (Pest Control & First Aid Warnings)         |
  | 2. EMERGENCY MEDICAL INFO (Name, Address, Phone of Care Facility)    |
  | 3. APPLICATION LOG        (Location, Chemical Name, EPA Reg No.,      |
  |                            Active Ingredient, Application Time, REI)  |
  +-----------------------------------------------------------------------+

Required Display Elements

1. EPA WPS Safety Poster: Official poster containing mandatory pesticide safety guidelines, emergency response steps, and worker rights notifications.
2. Emergency Medical Information: The specific name, physical address, and telephone number of the nearest emergency medical care facility.
3. Application Information Records: Detailed logs of all pesticide applications conducted on the establishment within the past 30 days, including:
   • Specific location and description of the treated area.
   • Product name, EPA Registration Number, and active ingredients.
   • Exact start and end dates/times of the application.
   • Product Restricted Entry Interval (REI).

Timing and Retention Protocols

Central posting information must be displayed before an application begins (or no later than the start of the work shift if workers arrive after application). Postings must remain continuously displayed during the application and for at least 30 consecutive days after the REI expires. Under Washington recordkeeping rules (RCW 17.21), agricultural pesticide application records must be retained in employer archives for at least 2 years.

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Decontamination Supplies & Water Volume Specifications

Employers must provide accessible decontamination supplies to protect workers and handlers from pesticide residues. Decontamination stations must be located within 1/4 mile of all workers and handlers (or at the nearest vehicle access point).

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Application Exclusion Zone (AEZ) Standards

The Application Exclusion Zone (AEZ) is a horizontal safety boundary surrounding outdoor application equipment during pesticide applications. The AEZ moves dynamically with the application equipment to prevent bystanders, workers, and non-handlers from being sprayed or exposed to drift.

         APPLICATION EXCLUSION ZONE (AEZ) DISTANCE BOUNDARIES

      +-------------------------------------------------------------+
      | 100-FOOT AEZ RADIUS:                                        |
      |  * Aerial spray applications                                |
      |  * Air-blast sprayers (orchards/vineyards)                  |
      |  * Spray misters, foggers, fumigants, fine spray nozzles    |
      +-------------------------------------------------------------+
      | 25-FOOT AEZ RADIUS:                                         |
      |  * Ground sprayers applied from height > 12 inches          |
      |  * Medium-to-coarse spray nozzle configurations            |
      +-------------------------------------------------------------+

Mandatory AEZ Distances

1. 100-Foot AEZ Radius: Required for high-drift application methods, including aerial spraying, air-blast orchard sprayers, thermal foggers, smoke generators, fumigants, and spray nozzles calibrated for fine droplet sizes (< 294 microns).
2. 25-Foot AEZ Radius: Required for ground boom sprayers applied from a height greater than 12 inches above the plant canopy using medium-to-coarse spray nozzles.
3. 0-Foot AEZ (No AEZ): Applies to ground applications applied from a height of 12 inches or less using extra-coarse spray droplets, soil incorporation, or targeted bait placements.

The Applicator's Mandatory Suspension Rule

The pesticide applicator MUST immediately suspend spraying if any person (other than trained handlers wearing required label PPE) enters the Application Exclusion Zone. The suspension mandate applies regardless of property boundaries—even if an unauthorized person enters the AEZ on adjacent private or public property.

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Restricted Entry Intervals (REI) & Annual Training Mandates

Restricted Entry Interval (REI)

The REI is the specified duration immediately following a pesticide application during which agricultural workers are strictly prohibited from entering the treated area without specialized early-entry PPE. REIs range from 4 hours (low-toxicity Category IV products) up to 48 hours or longer (Category I organophosphates). Restricted areas must be posted with warning signs carrying the classic WPS skull and crossbones icon ("DANGER - PESTICIDES - KEEP OUT").

Annual WPS Safety Training

Employers must ensure that all agricultural workers and pesticide handlers receive mandatory WPS safety training annually before they perform any work in treated areas. The previous 5-day grace period has been completely eliminated under updated federal rules.

• Training must be delivered by a certified applicator, an EPA-approved WPS trainer, or a qualified instructor.
• Training materials must be EPA-approved and presented orally, visually, or audio-visually in a language understood by the workers.
• Employers must maintain training verification records for 2 years, including worker signatures, training dates, and trainer credentials.

Emergency Assistance Obligations

If an agricultural worker or handler is exposed to pesticides or poisoned on the job, the agricultural employer has a strict legal obligation to:

1. Provide prompt emergency transportation to an emergency medical facility.
2. Furnish attending medical personnel with the product Safety Data Sheet (SDS), trade name, EPA Registration Number, active ingredients, and exact exposure circumstances.