H-3083

AN ACT Relating to pesticide recordkeeping and posting; amending RCW 17.21.100, 49.70.117, and 49.70.119; adding a new chapter to Title 17 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 17.21.100 and 1989 c 380 s 39 are each amended to read as follows:

(1) ((~~Except as provided in subsection (7) of this section,~~)) Pesticide applicators licensed under the provisions of this chapter and all persons applying pesticides to more than one acre of agricultural land in a calendar year, including public entities engaged in roadside spraying of pesticides, shall keep records ((~~on a form prescribed by the director~~)) regarding each application which shall include the following information:

(a) The location of the land where the pesticide was applied.

(b) The year, month, day and time the pesticide was applied.

(c) The product name used on the registered label and the United States environmental protection agency registration number, if applicable, of the pesticide which was applied.

(d) The crop or site to which the pesticide was applied.

(e) The amount of pesticide applied per acre or other appropriate measure.

(f) The concentration of pesticide that was applied.

(g) The number of acres, or other appropriate measure, to which the pesticide was applied.

(h) The licensed applicator's name, address, and telephone number and the name of the individual or individuals making the application.

(i) The direction and estimated velocity of the wind at the time the pesticide was applied: PROVIDED, That this subsection (i) shall not apply to applications of baits in bait stations and pesticide applications within structures.

(j) Any other reasonable information required by the director.

(2)(a) Records shall be updated on the same day that a pesticide is applied.

(b) A commercial pesticide applicator who applies a pesticide to an agricultural crop or agricultural lands shall submit the information for the application required under subsection (1) of this section to the owner, or to the lessee if applied on behalf of the lessee, of the lands to which the pesticide is applied.

(3) Such records shall be kept by the licensed applicator or such other person or entity applying the pesticides for a period of seven years from the date of the application of the pesticide to which such records refer((, and the director shall, upon request in writing, be furnished with a copy of such records forthwith by the licensee: PROVIDED, That the director may require the submission of such records within thirty days of the application of any restricted use pesticide in prescribed areas controlling the use of such restricted use pesticide)). If the pesticide was applied by a commercial pesticide applicator to the agricultural crop or agricultural lands of a person who employs one or more employees, as "employee" is defined in RCW 49.70.020, such records shall also be kept by the employer for a period of seven years from the date of the application of the pesticide to which the records refer.

(4) The pesticide records shall be readily available to: The department; the department of labor and industries; treating medical personnel initiating diagnostic testing or therapy for a patient with a suspected case of pesticide poisoning; the department of social and health services; the pesticide incident reporting and tracking panel; and, in the case of an industrial insurance claim filed under Title 51 RCW with the department of labor and industries, the employee or the employee's designated representative and the department of labor and industries. In addition, the director may require the submission of such records on a routine basis within thirty days of the application of any restricted use pesticide in prescribed areas controlling the use of such restricted use pesticide.

(5) If a request for information is made under subsection (4) of this section from an applicator referred to in subsection (1) of this section and the applicator refuses to provide a copy of the records, the department shall be notified of the request and the applicator's refusal. Within seven working days, the department shall request that the applicator provide the department with all pertinent copies, except that in a medical emergency the request shall be made within two working days. The applicator shall provide copies of the records to the department within twenty-four hours after the department's request.

(6) The department of agriculture and the department of labor and industries shall jointly adopt, by rule, ((~~one form that satisfies~~)) forms that satisfy the information requirements of this section ((~~and RCW 49.70.119. Records kept on the prescribed form under RCW 49.70.119 may be used to comply with this section.~~

~~(7) This section shall not apply to the owner or operator of a dairy farm with respect to his or her application of pesticides to the farm~~)).

(7)(a) Except as provided in (b) of this subsection, information supplied to a person or entity under this section or under RCW 49.70.119 or made available for inspection or other access upon request under this section or RCW 49.70.119 shall be supplied or made available on a form adopted by the department under this section.

(b) Information submitted by a commercial pesticide applicator to the owner or lessee of agricultural lands under subsection (2)(b) of this section need not be submitted on a form adopted by the department. However, if the information is not submitted on such a form, it must be readily understandable to a reasonable person.

Sec. 2. RCW 49.70.117 and 1989 c 380 s 76 are each amended to read as follows:

(1) If a pesticide having a reentry interval of greater than twenty-four hours is applied to a labor-intensive agricultural crop, the pesticide-treated area shall be posted with warning signs in accordance with the requirements of this section.

(2) When pesticide warning signs are required under this section, the employer shall post signs visible from all usual points of entry to the pesticide-treated area. If there are no usual points of entry or the area is adjacent to an unfenced public right of way, signs shall be posted (a) at each corner of the pesticide-treated area, and (b) at intervals not exceeding six hundred feet, or (c) at other locations approved by the department that provide maximum visibility.

(3) The signs shall be posted ((~~no sooner than~~)) within twenty-four hours before the scheduled application of the pesticide, remain posted during application and throughout the applicable reentry interval, and be removed within two days after the expiration of the applicable reentry interval and before employee reentry is permitted. Employees working in an area scheduled for a pesticide application shall be informed of the application and shall vacate the area scheduled to be sprayed prior to application of the pesticide.

(4) Signs shall be legible for the duration of use. Signs shall contain a prominent symbol approved by the department of agriculture and the department of labor and industries by rule, and wording shall be in English and Spanish or other languages as required by the department. Signs shall meet the minimum specifications of rules adopted by the department, which rules shall include, at a minimum, size and lettering requirements.

Sec. 3. RCW 49.70.119 and 1989 c 380 s 77 are each amended to read as follows:

(1) An employer who applies ((~~or stores~~)) pesticides in connection with the production of an agricultural crop, or who causes pesticides to be applied in connection with such production, shall ((compile and maintain a workplace pesticide list by crop for each pesticide that is applied to a crop or stored in a work area. The workplace pesticide list shall be kept on a form prescribed by the department and shall contain at least the following information:

~~(a) The location of the land where the pesticide was applied or site where the pesticide was stored;~~

~~(b) The year, month, day, and time the pesticide was applied;~~

~~(c) The product name used on the registered label and the United States environmental protection agency registration number, if applicable, of the pesticide that was applied or stored;~~

~~(d) The crop or site to which the pesticide was applied;~~

~~(e) The amount of pesticide applied per acre, or other appropriate measure;~~

~~(f) The concentration of pesticide that was applied;~~

~~(g) The number of acres, or other appropriate measure, to which pesticide was applied;~~

~~(h) If applicable, the licensed applicator's name, address, and telephone number and the name of the individual or individuals making the application; and~~

~~(2) The employer shall update the workplace pesticide list on the same day that a pesticide is applied or is first stored in a work area.~~

~~(3) The workplace pesticide list may be prepared for the workplace as a whole or for each work area and must~~)) keep records regarding each application which shall include the information required under RCW 17.21.100. This information shall be readily available to the employer's employees and their designated representatives. New or newly assigned employees shall be made aware of the ((~~pesticide chemical list before working with pesticides or in a work area containing pesticides~~)) availability of the information.

(((4) An employer subject to this section shall maintain one form for each crop, work area, or workplace as a whole, as appropriate, and shall add information to the form as different pesticides are applied or stored. The forms shall be accessible and available for copying and)) The information shall be stored in a location suitable to preserve ((~~their~~)) its physical integrity. The employer shall maintain and preserve the ((~~forms~~)) information required under this section for no less than seven years. ((~~The records shall include an estimation of the total amount of each pesticide listed on the forms.~~

~~(5)~~)) After July 23, 1989, if an employer has failed to maintain and preserve the ((~~forms~~)) information as required, the employer shall be subject to any applicable penalties authorized under this chapter or chapter 49.17 RCW.

((~~(6)~~)) If activities for which ((~~forms are~~)) the information is maintained cease ((~~at a workplace~~)) on a farm, the ((~~forms~~)) information shall be filed with the department. If an employer subject to this section is succeeded or replaced in that function by another person, the person who succeeds or replaces the employer shall retain the ((~~forms~~)) information as required by this section but is not liable for violations committed by the former employer under this chapter or rules adopted under this chapter, including violations relating to the retention and preservation of ((~~forms~~)) information.

((~~(7)~~)) (2) In addition to providing information under subsection (1) of this section, the employer shall provide ((~~copies of the forms~~)) the information required under RCW 17.21.100 regarding the application of a pesticide, on request, to an employee or the employee's designated representative in the case of an industrial insurance claim filed under Title 51 RCW with the department of labor and industries, treating medical personnel, the pesticide incident reporting and tracking review panel, or department representative. The designated representative or treating medical personnel are not required to identify the employee represented or treated. The department shall keep the name of any affected employee confidential in accordance with RCW 49.17.080(1). If an employee, a designated representative, treating medical personnel, or the pesticide incident reporting and tracking review panel requests ((~~a copy of a form~~)) such information and the employer refuses to provide ((~~a copy~~)) the information, the requester shall notify the department of the request and the employer's refusal. Within seven working days, the department shall request that the employer provide the department with all pertinent ((~~copies~~)) information, except that in a medical emergency the request shall be made within two working days. The employer shall provide ((~~copies of the form~~)) the information to the department within twenty-four hours after the department's request.

(((8) The department of labor and industries and the department of agriculture shall jointly adopt, by rule, one form that satisfies the information requirements of this section and RCW 17.21.100. Records kept by the employer on the prescribed form under RCW 17.21.100 may be used to comply with the workplace pesticide list information requirements under this section.))

(3) Information provided to any person or entity under this section or made available for inspection or other access upon request under this section shall be provided or made available on a form adopted by the department of agriculture and the department of labor and industries under RCW 17.21.100.

NEW SECTION. Sec. 4. For the purposes of this chapter:

(1) "Applicator" means any individual who is licensed as a commercial pesticide applicator, commercial pesticide operator, public operator, private-commercial applicator, demonstration and research applicator, private applicator, or any other individual who is certified by the Washington state department of agriculture to use or supervise the use of any pesticide which is classified by the environmental protection agency as a restricted-use pesticide.

(2) "Residential property" includes property less than one acre in size zoned as residential by a city, town, or county.

(3) "Pesticide" has the meaning given in RCW 17.21.020.

NEW SECTION. Sec. 5. (1) When a pesticide is applied by an applicator to public or private school grounds, day care centers, public parks, public playgrounds, or residential property, the pesticide-treated area must be posted with signs provided by the applicator.

(2) Signs shall be posted at the time of the application and for at least the following twenty-four hours. For applications of pesticides which have a reentry interval established by the environmental protection agency, the applicator shall comply with the label requirements. The owner or occupant of the property receiving the application is responsible for removal of the signs after the posting period or applicable reentry interval.

(3) Signs shall include the name and telephone number of the applicator of the pesticide.

(4) The director of the department of agriculture shall adopt rules establishing the size and lettering requirements of signs and any other necessary requirements.

NEW SECTION. Sec. 6. The director of the department of agriculture shall administer and enforce the pesticide posting provisions of this chapter and all rules adopted by the department of agriculture under this chapter. All rules to be adopted under this chapter shall be made in accordance with the provisions of chapter 34.05 RCW.

NEW SECTION. Sec. 7. State and local health departments, and mosquito control districts when conducting mosquito control operations, are exempt from the posting applications of this chapter.

NEW SECTION. Sec. 8. Where it is not practical to post spray applications governed by this chapter, as in the case of roadside spraying, the director of the department of agriculture shall determine by rule what types of applications do not require posting. In lieu of posting under the provisions of this chapter, such applicators shall be required to display the name and telephone number of the applicator or applicator's employer, and the pesticide being sprayed on the vehicle used to make the application. The applicator shall also be required to carry the material safety data sheet for the pesticide being applied in the vehicle making the application.

NEW SECTION. Sec. 9. If an applicator receives a written request for information on a spray application governed by this chapter, the applicator shall provide the requestor with the name of the pesticide applied and a copy of the material safety data sheet for the pesticide.

NEW SECTION. Sec. 10. Sections 4 through 9 of this act shall constitute a new chapter in Title 17 RCW.

NEW SECTION. Sec. 11. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.