WSR 24-22-031
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed October 28, 2024, 7:13 a.m., effective November 28, 2024]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule-making order amends chapter 16-233 WAC, Worker protection standard, by clarifying current rule language by replacing all gender-specific pronouns with modern gender-inclusive pronouns.
Citation of Rules Affected by this Order: Amending WAC 16-233-021 and 16-233-031.
Adopted under notice filed as WSR 24-17-097 on August 19, 2024.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 2, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 25, 2024.
Derek I. Sandison
Director
OTS-5742.1
AMENDATORY SECTION(Amending WSR 22-23-063, filed 11/9/22, effective 12/10/22)
WAC 16-233-021Agricultural employer duties—40 C.F.R., § 170.309.
Agricultural employers must:
(1) Ensure that any pesticide is used in a manner consistent with the pesticide product labeling, including the requirements of this chapter, when applied on the agricultural establishment.
(2) Ensure that each worker and handler subject to this chapter receives the protections required by this chapter.
(3) Ensure that any handler and any early entry worker is at least 18 years old.
(4) Provide to each person, including labor contractors, who supervises any workers or handlers, information and directions sufficient to ensure that each worker and handler receives the protections required by this chapter. Such information and directions must specify the tasks for which the supervisor is responsible in order to comply with the provisions of this chapter.
(5) Require each person, including labor contractors, who supervises any workers or handlers, to provide sufficient information and directions to each worker and handler to ensure that they can comply with the provisions of this chapter.
(6) Provide emergency assistance in accordance with this subsection. If there is reason to believe that a worker or handler has experienced a potential pesticide exposure during ((his or her))their employment on the agricultural establishment or shows symptoms similar to those associated with acute exposure to pesticides during or within 72 hours after ((his or her))their employment on the agricultural establishment, and needs emergency medical treatment, the agricultural employer must do all of the following promptly after learning of the possible poisoning or injury:
(a) Make available to that person prompt transportation from the agricultural establishment, including any worker housing area on the establishment, to an operating medical care facility capable of providing emergency medical treatment to a person exposed to pesticides.
(b) Provide all of the following information to the treating medical personnel, and upon request to the worker or handler:
(i) Copies of the applicable SDS and the product name(s), EPA registration number(s) and active ingredient(s) for each pesticide product to which the person may have been exposed.
(ii) The circumstances of application or use of the pesticide on the agricultural establishment.
(iii) The circumstances that could have resulted in exposure to the pesticide.
(iv) Antidote, first aid and other medical information from the product labeling.
(7) Ensure that workers or other persons employed or supervised by the agricultural establishment do not clean, repair, or adjust pesticide application equipment, unless trained as a handler under WAC 16-233-201. Before allowing any person not directly employed or supervised by the agricultural establishment to clean, repair, or adjust equipment that has been used to mix, load, transfer, or apply pesticides, the agricultural employer shall assure that pesticide residues have been removed from the equipment if feasible and must provide all of the following information to such person:
(a) Pesticide application equipment may be contaminated with pesticides.
(b) The potentially harmful effects of exposure to pesticides.
(c) Procedures for handling pesticide application equipment and for limiting exposure to pesticide residues.
(d) Personal hygiene practices and decontamination procedures for preventing pesticide exposures and removing pesticide residues.
(8) Display, maintain, and provide access to pesticide safety information and pesticide application and hazard information in accordance with WAC 16-233-026 if workers or handlers are on the establishment and within the last 30 days a pesticide product has been used or a restricted-entry interval for such pesticide has been in effect on the establishment.
(9) Ensure that before a handler uses any equipment for mixing, loading, transferring, or applying pesticides, the handler is instructed in the safe operation of such equipment.
(10) Ensure that before each day of use, equipment used for mixing, loading, transferring, or applying pesticides is inspected for leaks, clogging, and worn or damaged parts, and any damaged equipment is repaired or replaced.
(11) The agricultural employer must notify a commercial pesticide handler employer (CPHER) of specific locations and descriptions of those treated areas and any restrictions on entering the treated areas with restricted-entry intervals (REIs) in effect whenever:
(a) A handler employed by a CPHER will be on the agricultural establishment; and
(b) The CPHER handler may be in or may walk within 1/4 mile of any pesticide treated area with restricted-entry interval (REI) in effect.
(12) Ensure that workers do not enter any area on the agricultural establishment where a pesticide has been applied until the applicable pesticide application and hazard information for each pesticide product applied to that area is displayed in accordance with WAC 16-233-026(2), and until after the restricted-entry interval has expired and all treated area warning signs have been removed or covered, except for entry permitted by WAC 16-233-306.
(13) Provide any records or other information required by this section for inspection and copying upon request by an employee of EPA, or any duly authorized representative of the Washington state department of agriculture or department of labor and industries.
(14) Pesticide safety, application, and hazard information must remain legible at all times when the information is required to be displayed. This information must be in accordance with WAC 16-233-026.
AMENDATORY SECTION(Amending WSR 22-23-063, filed 11/9/22, effective 12/10/22)
WAC 16-233-031Commercial pesticide handler employer duties—40 C.F.R., § 170.313.
Commercial pesticide handler employers must:
(1) Ensure that any pesticide is used in a manner consistent with the pesticide product labeling, including the requirements of this chapter, when applied on an agricultural establishment by a handler employed by the commercial pesticide handling establishment.
(2) Ensure each handler employed by the commercial pesticide handling establishment and subject to this chapter receives the protections required by this chapter.
(3) Ensure that any handler employed by the commercial pesticide handling establishment is at least 18 years old.
(4) Provide to each person, including labor contractors, who supervises any handlers employed by the commercial pesticide handling establishment, information and directions sufficient to ensure that each handler receives the protections required by this chapter. Such information and directions must specify the tasks for which the supervisor is responsible in order to comply with the provisions of this chapter.
(5) Require each person, including labor contractors, who supervises any handlers employed by the commercial pesticide handling establishment, to provide sufficient information and directions to each handler to ensure that the handler can comply with the provisions of this chapter.
(6) Ensure that before any handler employed by the commercial pesticide handling establishment uses any equipment for mixing, loading, transferring, or applying pesticides, the handler is instructed in the safe operation of such equipment.
(7) Ensure that, before each day of use, equipment used by their employees for mixing, loading, transferring, or applying pesticides is inspected for leaks, obstructions, and worn or damaged parts, and any damaged equipment is repaired or is replaced.
(8) Ensure that whenever a handler who is employed by a commercial pesticide handling establishment will be on an agricultural establishment, the handler is provided information about, or is aware of, the specific location and description of any treated areas where a restricted-entry interval is in effect, and the restrictions on entering those areas.
(9) Provide the agricultural employer all of the following information before the application of any pesticide on an agricultural establishment:
(a) Specific location(s) and description of the area(s) to be treated.
(b) The date(s) and start and estimated end times of application.
(c) Product name, EPA registration number, and active ingredient(s).
(d) The labeling-specified restricted-entry interval applicable for the application.
(e) Whether posting, oral notification or both are required under WAC 16-233-121.
(f) Any restrictions or use directions on the pesticide product labeling that must be followed for protection of workers, handlers, or other persons during or after application.
(10) If there are any changes to the information provided in subsection (9)(a), (d), (e), and (f) of this section or if the start time for the application will be earlier than originally forecasted or scheduled, ensure that the agricultural employer is provided updated information prior to the application. If there are any changes to any other information provided pursuant to subsection (9) of this section, the commercial pesticide handler employer must provide updated information to the agricultural employer within two hours after completing the application. Changes to the estimated application end time of less than one hour need not be reported to the agricultural employer.
(11) Provide emergency assistance in accordance with this subsection. If there is reason to believe that a handler employed by the commercial pesticide handling establishment has experienced a potential pesticide exposure during ((his or her))their employment by the commercial pesticide handling establishment or shows symptoms similar to those associated with acute exposure to pesticides during or within 72 hours after ((his or her))their employment by the commercial pesticide handling establishment, and needs emergency medical treatment, the commercial pesticide handler employer must do all of the following promptly after learning of the possible poisoning or injury:
(a) Make available to that person prompt transportation from the commercial pesticide handling establishment, or any agricultural establishment on which that handler may be working on behalf of the commercial pesticide handling establishment, to an operating medical care facility capable of providing emergency medical treatment to a person exposed to pesticides.
(b) Provide all of the following information to the treating medical personnel:
(i) Copies of the applicable safety data sheet(s) (SDS) and the product name(s), EPA registration number(s) and active ingredient(s) for each pesticide product to which the person may have been exposed.
(ii) The circumstances of application or use of the pesticide.
(iii) The circumstances that could have resulted in exposure to the pesticide.
(iv) Antidote, first aid and other medical information from the product labeling.
(12) Ensure that persons directly employed by the commercial pesticide handling establishment do not clean, repair, or adjust pesticide application equipment, unless trained as a handler under WAC 16-233-201. Before allowing any person not directly employed by the commercial pesticide handling establishment to clean, repair, or adjust equipment that has been used to mix, load, transfer, or apply pesticides, the commercial pesticide handler employer shall assure that pesticide residues have been removed from the equipment if feasible and must provide all of the following information to such persons:
(a) Notice that the pesticide application equipment may be contaminated with pesticides.
(b) The potentially harmful effects of exposure to pesticides.
(c) Procedures for handling pesticide application equipment and for limiting exposure to pesticide residues.
(d) Personal hygiene practices and decontamination procedures for preventing pesticide exposures and removing pesticide residues.
(13) Provide any records or other information required by this chapter for inspection and copying upon request by an employee of EPA or any duly authorized representative of the Washington state department of agriculture or the department of labor and industries.