Attachment 4 - wpschecklist_NY.pdf

Checklist for New York State Farmers and Certified Pesticide

Applicators complying with the Worker Protection Standard (WPS)

This checklist is intended to be used by farmers and professional pesticide applicators as general guidance to assist with the regulatory requirements associated with the application and use of pesticides within the context of the Environmental Protection Agency’s (EPA) Worker Protection

Standard (WPS). It does not constitute a comprehensive overview of the Environmental

Conservation Law (ECL) or the New York State pesticide regulations.

Pesticide Safety Information Yes No N/A

Is the approved safety poster, or equivalent information, displayed ☐ ☐ ☐

Is emergency medical information displayed? (name, address and telephone number)

Is the Regional DEC office information displayed? (name, address and telephone number)

Is the following application information displayed for 30 days from the end of the Restricted Entry Interval (REI)? Location and Description of the treated area; Crop or Site Treated; Product Name; EPA Registration

Number; Active Ingredient(s); Date and time application started and ended; Duration of the REI

Are Safety Data Sheets (SDS) available to Workers and Handlers? ☐ ☐ ☐

Are application information and SDS’s maintained for two years? ☐ ☐ ☐

Are application information and SDS’s provided to Workers, Handlers, and Designated Representatives within 15 days of a request?

Is the information legible, located where it can be readily seen and read by Workers and Handlers, and are they allowed unrestricted access?

Pesticide Exposure Incidents / Emergency Assistance Yes No N/A

Have there been any pesticide exposure incidents on the farm? ☐ ☐ ☐

How are incidents reported for employees who become sick/injured by pesticides? ________________________________________________

Is prompt transportation to an emergency medical facility available for

Workers or Handlers who become sick/injured by pesticides?

Is information provided to medical personnel regarding the pesticide to which employees may have been exposed? (SDS, product name, EPA

Registration Number, active ingredients)

Who is the person responsible for providing transportation and pesticide information? _______________________________________

Information Exchange Yes No N/A

Does the Ag Establishment notify commercial applicators regarding the location of treated areas, labeling requirements, and REIs?

Do commercial applicators provide the establishment with application information before the application?

How is this information provided? ____________________________

Pesticide Safety Training Assurance Yes No N/A

Have Workers been trained within the last 12 months before entering a treated area? (i.e., and area that was treated or where an REI has been in effect within the last 30 days)

Have Handlers been trained within the last 12 months before performing and handling task?

Is the information presented in a manner that the Workers and

Handlers can understand? (such as through a translator and presenter that answers questions)

Have Workers and Handlers been informed, in a manner they can understand, of the establishment-specific safety information?

Pesticide Safety Training Program Yes No N/A

Does the content of the Worker training materials meet the required criteria?

Is the trainer qualified to train Workers? How? __________________ ☐ ☐ ☐

Does the content of the Handler training materials meet the required criteria?

Is the trainer qualified to train Handlers? How? _________________ ☐ ☐ ☐

Who trains Workers and Handlers? ___________________________

Which training materials are used? ____________________________

Pesticide Safety Training Records Yes No N/A

Are training records maintained for Workers for two years after the date of the training?

Are copies of the record of the training provided to Workers upon request?

Are training records maintained for Handlers for two years after the date of the training?

Are copies of the record of the training provided to Handlers upon request?

Restrictions During Applications Yes No N/A

Are Workers prohibited in the treated area during the application and until REIs have expired?

Do both the employer and the Handler assure that no pesticide is applied (either directly or through drift) so as to contact anyone other than trained and PPE-equipped Handlers?

Are Workers prohibited in an enclosed space during the application and until ventilation criteria have been met?

Are Workers and others prohibited in the Application Exclusion Zone

(AEZ)?

Does the Handler suspend an application if anyone except an equipped

Handler is in the AEZ?

Notification of Applications Yes No N/A

Are applications in an enclosed space with a REI greater than 4 hours posted?

Are applications in outdoor production with a REI great than 48 hours posted?

Are Workers given both oral and posted notification when required by the pesticide label?

Are Workers given notification of applications (either orally or posted) for other applications?

Are Workers told which method will be routinely used at this farm

(oral or posted notification)?

Posted Warning Signs Yes No N/A

Does the employers use the approved WPS warning signs for posted notification?

Are the signs visible from all reasonably expected points of Worker entry to the treated area, each access road, within 100 feet of worker housing, or in the corners of the treated area and other areas affording maximum visibility?

Are the signs put up no earlier than 24 hours prior to the application and removed within three days after the end of the REI?

Oral Warnings Yes No N/A

Are oral warnings given in a manner that Workers can understand? ☐ ☐ ☐

Do oral warnings include: location & description of the treated area;

REI; instructions not to enter during the REI?

Handler Employer Requirements Yes No N/A

Are Handlers at least 18 years old? ☐ ☐ ☐

Are Handlers monitored visually or by voice every two hours when handling Skull & Crossbones pesticides?

Does the Handler have a continuous visual or voice contact with another trained and PPE-equipped Handler when handling a fumigant in enclosed space production?

Does the employer assure that Handlers read the label or are informed in a manner they can understand about the label requirements for safe use before performing any handling activity?

Does the Handler have access to the product labeling during handling activities?

Is the Handler instructed in the safe operation of handling equipment before it is used?

Is handling equipment inspected and repaired before each day of use? ☐ ☐ ☐

Do only trained and PPE-equipped Handlers repair, clean, or adjust any handling equipment that contains pesticides or pesticide residues?

Decontamination Sites Yes No N/A

Do decontamination sites have soap, single-use towels, and enough water of a quality & temperature for washing & emergency eye flushing? (1 gallon/worker; 3 gallons/Handler & Early Entry Worker)

Is one pint of eye flush water immediately available to Handlers using pesticides requiring protective eye wear and to Early Entry Workers when working in areas treated with pesticides requiring protective eye wear?

Is the decontamination site within ¼ mile of the work site or nearest point of vehicular access?

Are decontamination sites provided for Workers entering treated area until 30 days following expiration of the REI? (Exception: 4 hour or less REI requires decontamination site for only 7 days.)

Are decontamination sites provided for Early Entry Workers prior, during, and after early entry?

Is the approved safety poster, or equivalent, at permanent decontamination sites and at OSHA field sanitation sites for 11+ employees (29 CFR 1928.110)?

Is one clean change of clothing provided to Handlers for use in an emergency?

Are decontamination supplies located at the mix/load site? ☐ ☐ ☐

Are decontamination supplies for pilots kept in the airplane or at the aircraft loading site?

Are Handler decontamination supplies kept out of the treated area unless they are in enclosed containers?

Are decontamination supplies located where Handlers remove PPE for washing after handling activities?

At mix/load sites, when a pesticide requiring eye protection (or closed system operating under pressure) is used, is adequate eyeflush provided? (Minimum 6 gallons water to flow gently for approximately

15 minutes or system capable of delivering 0.4 gallons/minute for 15 minutes.)

PPE for Handlers / Early Entry Workers Yes No N/A

Does the employer provide the Handler / Early Entry Workers with the appropriate PPE in clean and operating condition?

Does the employer assure that instruction on use and cleaning of PPE is given and that it is worn and used correctly?

Does the employer assure that PPE is inspected, cleaned, stored properly & repaired or replaced before each day of use?

Do Handlers / Early Entry Workers have a clean place to store personal clothing, put on PPE and remove PPE after use?

Is contaminated PPE disposed of properly? ☐ ☐ ☐

Does the employer take appropriate measures to prevent heat-related illness for Handlers / Early Entry Workers using PPE?

Respirator Use Requirements Yes No N/A

Do Handlers have a medical evaluation by a licensed physician or licensed health care professional?

Have Handlers been fit tested with the exact make, model, style, and size respirators used within the past 12 months?

Who performs the fit test? ___________________________________

Have Handlers received training in the use of the respirator in the past

12 months?

Have records of the above 3 requirements been maintained for 2 years? (Note: some medical clearances extend longer that the 2-year retention time and need to be retained more than 2 years.)

Does the employer assure that filters are replaced on respirators when required?

Closed Systems Yes No N/A

Are Handlers trained in the use of the closed system? ☐ ☐ ☐

Is protective eyewear worn when using closed systems under pressure?

Is all the label PPE available immediately to a Handler in an emergency?

Do Handlers make PPE substitutions?

What are they? ___________________________________________

Enclosed Cabs Yes No N/A

Are all label required PPE still immediately available and stored in a sealed container in the vehicle?

Are Handlers aware that they must wear full PPE required by the label when they exit the vehicle in the treated area and must remove PPE before reentering the cab?

Do Handlers make PPE substitutions?

What are they? ___________________________________________

Early Entry Workers Yes No N/A

Are Early Entry Workers at least 18 years old? ☐ ☐ ☐

Have Workers been provided the required information before activities during a REI?

Are Early Entry Workers prohibited in treated areas during the first 4 hours after an application?

Are Early Entry Workers limited to 1 hour of hand labor per 24 hours during the REI?

Are Early Entry Workers who perform irrigation & limited contact activities limited to 8 hours of work in a 24-hour period?

If an agriculture emergency exception was used were all required conditions met?

Anti-Retaliation Yes No N/A

Was any employee threatened, intimidated, coerced, discriminated against or experienced retaliation for complying with or attempting to comply with WPS requirements, or for providing information regarding WPS violations?

This is not a comprehensive list and there may be additional requirements that go beyond this general checklist for pesticide applications in New York State. For example, there are posting, contracting, and permitting requirements for certain types of applications that are not included on this checklist.

It is necessary to review the ECL Article 33, Article 15, and the regulatory requirements of 6NYCRR

Part 320-329 to ensure compliance. Links to the ECL and regulations can be found on the New

York State Department of Environmental Conservation’s Website at:

http://www.dec.ny.gov/chemical/298.html. If you have difficulty determining which sections apply to you, please contact the Bureau of Pesticides Management, Pesticide Enforcement & Compliance

Assurance Section at 518-402-8727 or your local DEC regional office.

http://www.dec.ny.gov/chemical/298.html