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EPA Worker Protection Standard Update

May 9, 2018

wps

Written by: Sandra Menasha and Alice Wise

Originally published: Long Island Fruit and Vegetable Update, April 19th, 2018

The updated Worker Protection Standard took effect on January 2, 2017. The NYS DEC has the right to conduct inspections to certify that growers are in compliance with regulations for agricultural pesticides including organics. Inspections include WPS, record keeping, and pesticide storage. The website http://www.pesticideresources.... has WPS information, the How to Comply Manual, Worker and Handler Training Videos (English and Spanish), the new WPS Safety Poster and useful WPS checklists. Alternatively, contact the Department of Environmental Conservation or your local Cooperative Extension office with questions.

This is a basic WPS checklist. We highly recommend checking the relevant section in the WPS How to Comply Manual as there are many additional details.

1. All workers and handlers must receive annual training. Workers must be trained before they work in an area where a pesticide has been used or a restricted-entry interval (REI) has been in effect in the past 30 days. Handlers must be trained before performing any handler task.

2. Training of workers and handlers can only be conducted by a certified pesticide applicator, State/Tribal/Federal approved trainers, or a person who has completed an EPA approved train-the-trainer course.

3. Effective January 2018, training videos need to include the new content under the revised WPS. Videos (English and Spanish) can be found at www.pesticideresources.org. Keep records of all trainings for 2 years.

4. Check your central posting area and make sure it is easily seen, accessible and the information posted is legible. The central posting area must have safety information (e.g. revised WPS safety poster), pesticide application information and pesticide Safety Data Sheets (SDS). Under the revised WPS, there is a new safety poster with updated safety information. Updated safety posters can be downloaded and ordered at www.pesticideresources.org or ordered from Ag supply companies such as Gemplers.

5. Information required at the central posting location should also be displayed at permanent decontamination supply sites or at locations with 11 or more workers.

6. Pesticide application information and pesticide Safety Data Sheets (SDS) must be displayed at the central posting location within 24 hours of the end of the application and before workers enter the treated area. Display both for 30 days after the REI expires and keep on file for 2 years from the end of REI. SDS can be obtained from your pesticide supplier or from http://www.cdms.net/Label-Database.

7. Pesticide Application information for WPS at the central posting area must include:

  • crop treated, location and description of treated area(s),
  • product name, EPA registration no., active ingredient(s),
  • date and time pesticide application started and ended,
  • and the restricted-entry interval (REI).

8. A farm map is suggested for the central posting area so that workers can easily ID the location of all farm fields. Some growers use names (Main Road Chardonnay), some use numbers or letters (Field 2). The point being that if a DEC inspection occurs, your workers understand and are able to communicate the location of the applications and a farm map makes this easier.

9. Check decontamination kits and upgrade as necessary:

  • coveralls, soap and a stack of single use towels
  • provide at least 1 gallon per worker using the site or 3 gallons for each pesticide handler and each early entry worker.
  • one pint of water (eyewash) must be available to each handler applying pesticides if eye protection is required on the label. For tractor applications, the emergency eyewash water (1 pint) must be carried on the tractor. However, if the applicator gets off the tractor, the eyewash must be carried on their person. At mixing and loading sites, a system capable of delivering 0.4 gallons/minute for 15 minutes or 6 gallons of water to flow gently for 15 minutes must be provided for handlers using products requiring eye protection.
  • check expiration date on eye flushing.
  • decontamination kits must be within ΒΌ mile of all workers. Portable kits might be a better option for growers with a large operation.
  • make sure all your handlers and workers know where the decontamination sites are and what they contain.

10. The need for eye protection will be listed on the pesticide label in the box entitled "Agricultural Use Requirements", in the section listing PPE (personal protective equipment).

11. Refer to the "Agricultural Use Requirements" box on the pesticide label for a list of all required PPE. Make sure PPE is adequately stocked - chemical resistant suits, gloves, aprons, protective eyewear, boots, respirators and cartridges. Check unopened respirator cartridges for an expiration date.

12. Where respirators are required on the pesticide label, handlers must be medically cleared to wear a respirator, receive annual respirator fit-testing and training. Records of completion of respirator fit-test, training and medical clearance must be kept for 2 years. Note: Owners of the agricultural establishment and family members are not exempt from the respirator requirements under WPS.

  • respirators should be cleaned after each use and stored to protect them from damage, contamination and dust
  • opened cartridges should be stored in a re-sealable plastic bag when not in use.
13. Application Exclusion Zones (AEZ): There are several different requirements regarding the AEZ in the revised WPS. The size of an AEZ varies depending on the type of application and other factors, including droplet size, and height of nozzles above the planting medium. Refer to the How to Comply Manual to determine AEZ size.
  • Effective January 2, 2017, agricultural employers are to not allow any workers or other persons in the AEZ within the boundaries of the establishment un􀆟l the application is complete.
  • Effective January 2, 2018, handlers are to suspend the application if any workers or other persons are anywhere in the AEZ. This requirement is NOT limited to the boundaries of the establishment. This applies to any area on or off the establishment within the AEZ while the application is ongoing.

14. Start accumulating copies of pesticide labels. All applicators must have a copy of the label immediately accessible. Some growers deal with individual labels, some put together a notebook to be carried on the tractor. Having a copy of pesticide label on your smart phone is not acceptable.

15. When making an application, the applicator must have the following items immediately accessible:
  • a. Applicator's license
  • b. Labels for all materials being applied.
  • c. Appropriate PPE (see individual labels for what is required)

16. Tidy up your pesticide storage area. A disorganized, messy storage area is a red flag to an inspector. Pesticide storage guidelines can be found at http://www.dec.ny.gov/regulations/8871.html. 



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Upcoming Events

Intro to Food Safety and GAPs Training

February 19, 2025
via Zoom,

This virtual workshop will serve two purposes: 

  • For produce farms just interested in learning about farm food safety, this program will introduce principles and best practices.
  • For produce farms look for a GAPs (Good Agricultural Practices) training needed to meet buyer demands for audit/certification, this program will provide that as well.
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Announcements

Laser Scarecrows to Deter Birds in Sweet Corn

Are you considering the use of a laser scarecrow to deter birds on your farm? Cornell Cooperative Extension and the University of Rhode Island teamed up to test a research laser scarecrow on sweet corn farms.

A laser scarecrow is a device that has one or more laser modules connected to motors. The specifications of the lasers are optimized to the color and motion sensitivity of bird's eyes. When laser beams move across a field, birds become frightened and attempt to move away from the perceived threat. Light from the laser covers an area quickly and moves through the canopy without causing injury to the crop. Research demonstrates that birds do not readily become habituated to the laser.

A laser scarecrow used as the sole deterrent typically results in a significant reduction in crop damage. Combined with an auditory device, damage can be reduced even more. When used as part of an integrated management program for bird control that utilizes habitat management and multiple scare tactics, laser scarecrows can be useful tools for growers of multiple crops. All scare tactics must be deployed before birds find the field. The effectiveness of lasers depends on multiple factors such as bird species, bird populations, habitat and food availability. Lasers are not effective at deterring deer, racoons, coyotes or other mammals.

To learn more, the Laser Scarecrows to Deter Birds in Sweet Corn and Other High-Value Agricultural Crops fact sheet provides background information, research data, FAQs, and Advantages/Limitations on laser scarecrows.

NY Urban Farms Pest Management Fact Sheet Series

Cornell Cooperative Extension has partnered with dozens of urban farms across New York State to demonstrate and evaluate sustainable pest management strategies. Together with farmers, we found success using control methods that prevent or reduce crop losses through exclusion strategies, crop timing, host resistance, the introduction of beneficial organisms, and more. Regardless of management strategy used, common requirements for success include a knowledge of the pest and disease complex, preventative deployment and commitment to the process. The New York Urban Farms Sustainable Pest Management Fact Sheet Series includes case studies highlighting pest management techniques that New York urban farms have found valuable.

NYS Urban Growers Pest Management Needs Assessment

As part of a multi-year project exploring non-spray pest management options that are economically and environmentally sustainable for urban farms, we conducted a needs assessment with urban growers across New York State. The New York State Urban Growers Pest Management Needs Assessment presents findings on current pest management practices, challenges, and topics of future interest.

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