WPS CEU-Understanding Early Entry Exceptions-Enforcemen

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WPS CEU Understanding Early Entries; Enforcement Perspective40 CFR Part 170.112 Part II : 

WPS CEU Understanding Early Entries; Enforcement Perspective40 CFR Part 170.112 Part II Florida Department of Agriculture and Consumer Services Bureau of Compliance Monitoring

Pre-test, please read carefully! : 

Pre-test, please read carefully! This course is a series of two. You must first approve the first section before you can take this one.

Slide 3: 

At this point you must have submitted this course’s pre-test to the Agricultural Worker Safety Coordinator Office Please contact us if you need further assistance! febos@doacs.state.fl.us or wps@doacs.state.fl.us (386) 418-5523 or (386) 418-5525 You are now ready to take this course! Pre-test, please read carefully!...

Learning Objectives: : 

Learning Objectives: This CEU course will cover the specifics of 40 CFR Part 170.112- Entry Restrictions to provide a comprehensive learning tool for individuals enforcing the WPS. The student must be able to define Early Entry Restrictions terminology, its basic concepts, and identify early entry situations as part of the WPS Enforcement tasks.

Topics: : 

WPS Background What are Early Entry Restrictions? What is a Restricted Entry Interval (REI)? REI Label Instructions- Agricultural Use Requirement Section Early entry exceptions Who are early entry workers? Early entry worker employer’s responsibilities Early entry exception requirements for family establishments Topics:

Background: : 

Background: The Worker Protection Standard (WPS) is a set of regulations developed by the United States Environmental Protection Agency (US EPA) and adopted into the Code of Federal Regulations (CFR) in August 1992 to: “reduce the risks of illness or injury resulting from workers’ and handlers’ occupational exposure to pesticides used in the production of agricultural plants on farms or in nurseries, greenhouses, and forests and also from the accidental exposure of workers and other persons to such pesticides” Source: Direct quote taken from 40 CFR Part 170.1

Background… : 

Background… As a result of these protections, the WPS prohibits routine early entry to treated areas under restricted entry intervals (REIs). There are some exceptions where workers can perform early entries. These are found in 40 CFR Part 170.112. After the final rule was approved, EPA has considered and approved petitions for early entry exceptions through an Administrative Exception process. Some of these exceptions have expired and other are still effective.

Early entry restrictions… : 

Early entry restrictions… Early entry restrictions are key in protecting farm workers from occupational pesticide exposure. These are part of the WPS Protection Goals

What are Early Entry Restrictions? : 

What are Early Entry Restrictions?

What are Early Entry Restrictions? : 

What are Early Entry Restrictions? These are general restrictions that follow a pesticide application on an agricultural establishment where the agricultural employer must not allow or direct any worker to enter or remain in the treated area before the REI specified on the label has expired; except under a few limited exceptions.

What is a Restricted Entry Interval (REI)? : 

What is a Restricted Entry Interval (REI)? The time after the end of a pesticide application during which entry into the treated area is restricted. Most REIs range between 4 to 72 hours, however some REIs can last for up to several days.

PHIs Vs. REIs- What is the difference? : 

PHIs Vs. REIs- What is the difference? PHI-Pre Harvest Interval -Period of time after the application of a pesticide to a crop during which harvest of that crop is prohibited. Necessary to ensure that the crop will meet the established pesticide residue tolerances. "Days to harvest"

PHIs Vs. REIs- What is the difference? : 

PHIs Vs. REIs- What is the difference? PHI= Based on human dietary intake and your maximum lifetime dietary exposure. REI= REIs are based on keeping individuals safe/protected from occupational exposure over a lifetime.

Slide 14: 

PHIs Vs. REIs- What is the difference? … Somebody’s exposure to pesticides from eating one to two oranges a day over a lifetime is significantly less than a farm worker who may handle hundreds of thousands of oranges a day five days a week for a lifetime. VS.

REIs… : 

REIs… REIs for each pesticide can be found on the Agricultural Use Section on the label. Every pesticide has a different REI length based on: The amount of time required for the risk to be reduced to a safe level (based on pesticide toxicity and persistence) Type of Crop Type of Task Environmental Factors Crop use or method of application State and local regulations (when the state has established its own REI)

Slide 16: 

A pesticide label may have different REI lengths for different crops.

Slide 17: 

Q: When two or more pesticides are applied at the same time, and have different REIs, the REI must be? The longest of the applicable REI The one with the Danger warning sign on the pesticide label The one of the first pesticide mixed into the mixing tank None of the above

Q: When two or more pesticides are applied at the same time, and have different REIs, the REI must be? : 

Q: When two or more pesticides are applied at the same time, and have different REIs, the REI must be? The longest of the applicable REI The one with the Danger warning sign on the pesticide label The one of the first pesticide mixed into the solution None of the above

Let’s review! : 

Let’s review! After the application is completed, there are entry restrictions that are specified on the agricultural use section of pesticide labels. These entry restrictions prohibit workers to enter or remain in treated fields under an REI (time after the end of a pesticide application during which entry into the treated area is restricted).

Let’s review! : 

Let’s review! REIs length vary depending on factors like: The amount of time required for the risk to be reduced to a safe level (based on pesticide toxicity and persistence) Type of Crop Type of Task Environmental Factors Crop use or method of application State and local regulations (when the state has established its own REIs)

Discussion: : 

Discussion: Although some pesticide labels may contain a longer REI than a PHI, the REI supersedes the PHI due to the occupational pesticide exposure risk. There are some situations, when mechanical harvesting is available, that crops with lower PHIs can be harvested during an REI. In this case no hand labor can be involved during the harvesting.

Slide 22: 

Certain exceptions that allow workers to enter treated areas before the REI expiration time "Early-Entry Exceptions"

Early-Entry Exceptions40 CFR Part 170.112 : 

Early-Entry Exceptions40 CFR Part 170.112 EPA has approved several types of exceptions to the WPS early-entry exception regulation in response to petitions from the agricultural community (i.e. Grower Groups).

Early-Entry Exceptions : 

Early-Entry Exceptions Certain exceptions are allowed because EPA believes the benefits of the exception appropriately balances the: Potential risk of worker exposure and, Significant economic impact which could be incurred if growers are not allowed to perform these necessary tasks.

Early-Entry Exceptions : 

Early-Entry Exceptions The WPS final rule includes some Early Entry exceptions: Entry for activities with no contact Entry for short-term activities Entry for agricultural emergencies Exceptions requiring agency approval (Administrative Exceptions)

List of EPA Approved Administrative Exceptions (40 CFR Part 170.112 (e)) : 

List of EPA Approved Administrative Exceptions (40 CFR Part 170.112 (e))

Early-Entry Exceptions : 

Early-Entry Exceptions The following factors will vary depending on the different early entry exception: Contact with treated surfaces Hand Labor allowance What is the work time limit per worker/24hrs period If there is an unforeseen need with potential significant loss PPE requirements for early entry activities Time of earliest entry permitted after application time Whether early entry is prohibited for double notification pesticides Whether workers must be notified about the early entry being used

Discussion: : 

Discussion: It’s important for an inspector to recognize when a working activity is classified as hand labor or not and when it’s permitted as an early entry activity. Hand labor is defined as any agricultural activity performed by hand, or with hand tools, that might cause a worker to have substantial contact with surfaces (such as plants, plant parts, or soil) that may contain pesticide residue.

Discussion… : 

Discussion… Some examples of hand labor are: harvesting, detasseling, thinning, and packing produce into containers in the field. Hand labor definition does not include operating, moving, or repairing irrigation or watering equipment or performing the tasks of crop advisors. EPA doesn’t want to prevent irrigation/watering activities to occur during REIs if needed.

Hand labor… : 

Hand labor… Avoiding contact by using PPE does not qualify as no contact early entry!

Pre-application schedule planning : 

Pre-application schedule planning Inspectors should encourage Ag employers to make every effort to schedule pesticide applications and worker tasks in a way that will avoid the necessity of early entry of workers into treated areas.

Q: Do you how many early entries that have been approved under the “Administrative exception process” are still valid? : 

Q: Do you how many early entries that have been approved under the “Administrative exception process” are still valid? 5 2 6 9

Q: Do you know how many early entries that have been approved under the “Administrative exception process” are still valid? : 

Q: Do you know how many early entries that have been approved under the “Administrative exception process” are still valid? 5 2 6 9 - Limited Contact Exception - Irrigation Tasks Exception

Summary of Early-Entry Exceptions: : 

Summary of Early-Entry Exceptions: Early entry with no contact exception Short term exception Agricultural Emergency exception Administrative Exceptions: Limited Contact Exception Irrigation Tasks Exception

Early-entry with no contact exception : 

Early-entry with no contact exception This exception prohibits contact with any treated surface and Hand Labor, PPE is not required, No need must be foreseen with potential for significant loss, No entry is permitted after the end of the application until any label inhalation exposure level/WPS ventilation criteria has been met), It’s not prohibited in double notification label pesticides and, It’s not required to notify workers about the use of this exception

Early-entry with no contact exception situations: : 

Early-entry with no contact exception situations: For example , let’s say that Temik 15 G has been applied as an in-furrow treatment in a potato field and is covered with soil. A worker can unload and place an irrigation pipe, work on a pivot irrigation system and/or do other tasks that do not disrupt and/or touch the treated soil surface, in the treated field during the REI. Driving through a field after the application is complete in an enclosed cab.

…Versus Early-Entry with contact situations : 

…Versus Early-Entry with contact situations However, in the same field described before, if a worker chooses to check the seed depth and will make contact with a Temik 15G treated surface as soil is removed, then the worker is considered an early entry worker with contact. This worker must follow all provisions of the WPS, which specify: when to enter the field, how long to remain, PPE that must be worn based on the Temik 15 G label and, follow other applicable requirements under the WPS.

Another example of when an early entry with no contact becomes an early entry with contact… : 

Another example of when an early entry with no contact becomes an early entry with contact… A worker is working in a treated field that has been applied with Hi-DEP IVM Broadleaf herbicide and is under an REI. The worker is cultivating with an enclosed cab tractor, but the cultivation equipment becomes entangled with weeds and vines which must be removed. Question: Can he remove the entangled weeds as a no contact early entry worker?

When an early-entry no contact becomes an early entry with contact… : 

When an early-entry no contact becomes an early entry with contact… Answer: No, the early entry becomes an early entry with CONTACT and must comply with Early Entry Exception Requirements such as: when to enter the field, how long to remain, PPE that must be worn based on the herbicide label and, among other applicable requirements under the WPS.

Early-entries with contact : 

Early-entries with contact Early entry exceptions where contact is allowed are listed below: Short Term Exception Limited Contact Exception Irrigation Tasks Exception Agricultural Emergency Exception

Early-entry with contact- Short Term Tasks Exception : 

Early-entry with contact- Short Term Tasks Exception

Early-entry with contact- Limited Contact Exception Approved under Administrative Exception on May 1995 : 

Early-entry with contact- Limited Contact Exception Approved under Administrative Exception on May 1995

Limited Contact Exception Situations: : 

Limited Contact Exception Situations: Opening windows or vents from the inside of a greenhouse Replacing electrical fuses for pumps Unloading beehives for pollinating crops Placing small equipment (e.g. weather monitoring stations) in fields and performing frost protection measures Removing equipment Removing livestock from crop areas

Early-entry with contact- Irrigation Tasks Exception – Approved under Administrative Exception on May 1995 : 

Early-entry with contact- Irrigation Tasks Exception – Approved under Administrative Exception on May 1995

Irrigation Task ExceptionSituations: : 

Irrigation Task ExceptionSituations: A grower depends on irrigation contractors and only has a few hours notice before water arrives. Nurseries and Greenhouses need to water more than once a day. Geographical Area & Type of Crop

Early entry with contact-Agricultural EmergencyIncluded in 1992 WPS : 

Early entry with contact-Agricultural EmergencyIncluded in 1992 WPS What is an Agricultural Emergency? Means a sudden occurrence or set of circumstances which the agricultural employer: A. Could not have anticipated, B. Has no control, and C. Requires entry into a treated area during an REI, when no alternative practices would prevent or mitigate a substantial economic loss.

Early-entry with contact-Agricultural EmergencyIncluded in 1992 WPS : 

Early-entry with contact-Agricultural EmergencyIncluded in 1992 WPS What is a substantial economic loss? A loss in profitability greater than that which would be expected based on the experience and fluctuations of crop yields in previous years.

Early-entry with contact-Agricultural EmergencyWho declares an Agricultural Emergency? : 

Early-entry with contact-Agricultural EmergencyWho declares an Agricultural Emergency? In the state of Florida, FDACS Commissioner, is responsible for declaring an Agricultural Emergency, although we haven’t declared any Agricultural Emergency yet.

Agricultural EmergencySituations that do not qualify: : 

Agricultural EmergencySituations that do not qualify: When weather forecasts warned the grower before the pesticide application, that led to the emergency. When there are mechanical harvest devices available that can be used to harvest instead of hand harvesting. Grower forgot to heat a greenhouse or over watered with an irrigation system. (Mismanagement!)

Early entry with contact-Agricultural EmergencyIncluded in 1992 WPS : 

Early entry with contact-Agricultural EmergencyIncluded in 1992 WPS

Q. Which of the following is a true statement? : 

Q. Which of the following is a true statement? The time of earliest entry after the end of application that applies to short term, limited contact, irrigation tasks and agricultural emergency early entry exceptions is: 4 hours and after the respiratory ventilation criteria is met. PPE is not required for early entries with no contact Contact with treated surfaces are limited to hand, forearms, feet and ankles only under the limited contact and irrigation tasks early entry exceptions. A,b and c None of the above

Q. Which of the following is a true statement? : 

Q. Which of the following is a true statement? The time of earliest entry after the end of application that applies to short term, limited contact, irrigation and agricultural emergency early entry exceptions is: 4 hours and after the respiratory ventilation criteria is met. Personal protective equipment is not required for early entries with no contact Contact with treated surfaces are limited to hand, forearms, feet and ankles only under the limited contact and irrigation tasks early entry exceptions. A,b,and c None of the above

Remember! : 

Remember! Limited Contact, Irrigation Tasks and Agricultural Emergency Early entry exceptions should only be done when it is the only practice that will prevent or reduce a substantial economic loss involving the crop in a treated area.

Let’s review! : 

Let’s review! Workers who are required to go into treated areas before the REI expires are classified as early entry workers. They can only enter or remain in treated areas during REIs during specific exceptions.

Let’s review!... : 

Let’s review!... These exceptions are called “Early Entry Exceptions” The 1992 WPS included the following exceptions: Early entry with no contact exception Short term exception Agricultural Emergency exception Administrative Exceptions

Let’s review!... : 

Let’s review!... Under the Administrative Exceptions EPA has approved four exceptions out of which two are still valid. These are: 1- Irrigation tasks exception 2- Limited contact exception For most early entry exceptions in Greenhouse environments, a worker can enter the treated area after the ventilation criteria is met and for others it’s a combination of 4 hrs after the end of the application and after the ventilation standard has been met. It is required to wear PPE for all the Early Entry Exception situations but not during Early Entry with no contact situations.

Let’s review!... : 

Let’s review!... Workers must be notified about the early entry exception being used only during limited contact and irrigation tasks early entry exceptions. Irrigation tasks and limited contact early entry exceptions are prohibited when a double notification pesticide is used.

Early-Entry Workers : 

Early-Entry Workers

Q: Who are Early Entry workers? : 

Q: Who are Early Entry workers? Agricultural workers who are required to go into treated areas after the application is complete but before the REI has expired and has received additional instructions on PPE used if required. Agricultural Workers who get to work early in the morning Agricultural Workers that are required to perform irrigation tasks 4 hours after the end of the application time and after respiratory/ventilation criteria is met Any agricultural worker that is required to perform early entry with contact and no contact A, C and D

Q: Who are Early-Entry workers? : 

Q: Who are Early-Entry workers? Agricultural workers who are required to go into treated areas after the application is complete but before the REI has expired and has received additional instructions on PPE used if required. Agricultural Workers who get to work early in the morning Agricultural Workers that are required to perform irrigation tasks 4 hours after the end of the application time and after respiratory/ventilation criteria is met Any agricultural worker that is required to perform early entry with contact and no contact A, C and D

Early-Entry Workers : 

Early-Entry Workers Early entry workers are agricultural workers who are required to go into treated areas after the application is complete but before the REI has expired.

Early-Entry Workers VS Handlers? : 

Early-Entry Workers VS Handlers? Section 170.112 only applies to workers performing early entry work. A handler doing early entry work is considered, during the time performing early entry work, an “early-entry worker” not a handler.

Slide 64: 

Early entry worker activities VS Handler activities are not the same! VS

Early Entry Workers : 

Early Entry Workers All early entry workers must receive full WPS worker training before any entry is allowed. No 5-day grace period!

Early Entry Workers Employer’s Responsibilities : 

Early Entry Workers Employer’s Responsibilities

What must the employer assure before an agricultural worker enters a pesticide treated area under an REI? : 

What must the employer assure before an agricultural worker enters a pesticide treated area under an REI? The Ag employer must assure that agricultural worker either has read the product labeling or has been informed, in a manner that the worker can understand of all label requirements related to the following: PPE Specified for early entry Human hazards statements or precautions First Aid Signs and Symptoms of poisoning Any other precautions or instructions related to safe use or early entry

Slide 68: 

PPE specified for early entry Label Information that Ag Employer Must Inform Early Entry Workers Before Entry To A Treated Area during an REI

Label Information that Ag Employer Must Inform Early Entry Workers Before Entry To A Treated Area during an REI : 

Label Information that Ag Employer Must Inform Early Entry Workers Before Entry To A Treated Area during an REI Human hazards statements or precautions Symptoms of poisoning

Slide 70: 

First Aid Label Information that Ag Employer Must Inform Early Entry Workers Before Entry To A Treated Area during an REI

Slide 71: 

Any other labeling requirement information related to safe use of pesticide

Slide 72: 

In addition, the agricultural employer must assure that: Workers are provided with appropriate PPE in clean and operating conditions and make sure they wear PPE correctly according to manufacturer’s instructions. PPE is inspected for leaks, holes, tears or worn places and any damaged equipment is repaired or discarded.

Slide 73: 

Workers are provided with a clean place away from pesticide storage and pesticide use areas to: Store personal clothing not in use, Put on PPE at the start of any exposure period, and Take off PPE at the end of any exposure period. Ag Employers duties related to PPE…

Slide 74: 

Do not allow early-entry workers to wear or take home PPE contaminated with pesticides. Take necessary steps to prevent heat illness while PPE is being worn. Ag Employers duties related to PPE… Too much heat stress!

Slide 75: 

Keep PPE according to manufacturer’s instructions, in the case of the absence of these instructions; it must be washed thoroughly in detergent and hot water. Dispose of PPE that cannot be cleaned properly, according to Federal, State, and local regulations. Thoroughly dry the clean PPE before it is stored, or put it in a well-ventilated place to dry. Store clean PPE separately from personal clothing and away from pesticide-contaminated areas. Ag Employers duties related to PPE cleaning and maintenance

Ag Employer duties related to Person who launders/cleans PPE- : 

Ag Employer duties related to Person who launders/cleans PPE- Instructions: Keep contaminated PPE separated from any other clothing or laundry, and wash it separately. Must be informed about: Possible pesticide residue contamination on the equipment Potentially harmful effects of exposure to pesticides How to handle and clean correctly PPE How to protect themselves when handling PPE contaminated with pesticides

Decontamination Supplies Employers Responsibilities For Early Entry Workers : 

Decontamination Supplies Employers Responsibilities For Early Entry Workers Agricultural Employers must provide early entry workers with a Decontamination Site according to 40 CFR Section 170.150, which includes: Water Enough water for routine washing and emergency eye flushing Water has to be of a quality and temperature that will not cause illness or injury Soap Single use towels Eye flush water must be immediately accessible when the pesticide labeling requires eyewear for early entry

Early-Entry Exceptions Requirements for Family Establishments : 

Early-Entry Exceptions Requirements for Family Establishments If agricultural owners or members of their immediate family enter a treated area under an REI, they must: Comply with REI provisions Provide Early-Entry PPE Obey Worker Time Limit per 24 hrs period Comply with the time of earliest entry after the end of the application Follow any other restriction specified under which the early entry takes place and Follow any other restriction specified on the label for early entry

Let’s review! : 

Let’s review! Ag workers that are required to enter treated areas under an REI are called Early Entry Workers, and must be fully trained as workers before any entry is allowed. Ag employers must inform Early Entry workers about the following label safety information in a language they can understand: PPE specified for early entry Human Hazard Statements and precautions First aid Signs and symptoms of poisoning Any other precautions or instructions related to safe use or early entry.

Let’s review! : 

Let’s review! Ag employers must provide their early-entry workers with: Label Required Early-Entry PPE Instructions on PPE correct use and, Make sure they wear PPE

Let’s review! : 

Let’s review! Ag Employers have early entry responsibilities related to the following PPE specific duties such as: Inspecting PPE for good use conditions Providing an area to store personal clothing not in use, put on PPE at the start of any exposure period and take off PPE at the end of any exposure period.

Let’s review! : 

Let’s review! Take necessary steps to prevent heat illness while PPE is being used. Prohibiting early entry workers to wear or take home PPE contaminated with pesticides. Clean and maintain PPE. Dispose of PPE that cannot be cleaned correctly, according to state and federal regulations. Provide instructions to persons who clean PPE.

Let’s review! : 

Let’s review! At a family establishment where members of the immediate family are performing early-entry tasks, the owner must: Comply with REI provisions Provide Early-Entry PPE Obey Worker Time Limit per 24 hrs period Comply with the time of earliest entry after the end of the application Follow any other restriction specified under which the early entry takes place and Follow any other restriction specified on the label for early entry

You made it! : 

You made it! You have now completed the CEU on WPS Early Entry- Enforcement Perspective Part II You should now be able to have a better understanding on basic early entry requirements and its role in protecting farm workers from occupational pesticide exposure under the WPS. Wait! you are now ready to take a post test. Good luck! Please contact us if you have any question (s)!

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