H-3227.1 _______________________________________________
HOUSE BILL 2357
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Representatives Heavey, Ludwig, R. Johnson, Rayburn, Franklin, Grant, Kremen, Fuhrman and Bray
Read first time 01/15/92. Referred to Committee on Commerce & Labor.
AN ACT Relating to pesticide recordkeeping and posting, including requirements for worker safety; amending RCW 17.21.100, 49.70.117, and 49.70.119; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:y
Sec. 1. RCW 17.21.100 and 1989 c 380 s 39 are each amended to read as follows:
(1) Until January 1, 1995:
(a) 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 for each application which shall include the following information:
(i) The location of the land where the pesticide was applied;
(ii) The year, month, day, and time the pesticide was applied;
(iii) 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;
(iv) The crop or site to which the pesticide was applied;
(v) The amount of pesticide applied per acre or other appropriate measure;
(vi) The concentration of pesticide that was applied;
(vii) The number of acres, or other appropriate measure, to which the pesticide was applied;
(viii) The licensed applicator's name, address, and telephone number and the name of the individual or individuals making the application;
(ix) The direction and estimated velocity of the wind at the time the pesticide was applied, except that this subsection (1)(a)(ix) does not apply to applications of baits in bait stations and pesticide applications within structures; and
(x) Any other reasonable information required by the director.
(b)(i) The records shall be kept in a format readily understandable to a reasonable person who does not have expertise in pesticide application. The records shall be updated on the same day that a pesticide is applied.
(ii) A commercial pesticide applicator who applies a pesticide to an agricultural crop or agricultural lands shall provide a copy of the records required under subsection (1)(a) of this section for the application to the owner, or to the lessee if applied on behalf of the lessee, of the lands to which the pesticide is applied. Records provided by a commercial pesticide applicator to the owner or lessee of agricultural lands under this subsection need not be provided on a form adopted by the department. However, if the records are not provided on such a form, the records must be readily understandable to a reasonable person who does not have expertise in pesticide application.
(c) The records required under this section shall be maintained and preserved by the licensed applicator or other person or entity applying the pesticides for no less than seven years from the date of the application of the pesticide to which the records refer. 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, the 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.
(d)(i) The pesticide records shall be readily accessible to the department for inspection. Copies of the records shall be provided on request 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 review 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. In addition, the director may require the submission of the records on a routine basis within thirty days of the application of a restricted use pesticide in prescribed areas controlling the use of the restricted use pesticide. When a request for records is made under this subsection by treating medical personnel and the record is required for determining treatment, copies of the record shall be provided immediately. For all other requests, copies of the record shall be provided within seventy-two hours.
(ii) Copies of records provided to a person or entity under this subsection (1)(d) shall, if so requested, be provided on a form adopted under subsection (1)(f) of this section. Information for treating medical personnel shall be made available by telephone, if requested.
(e) If a request for a copy of a record is made under this section and the applicator refuses to provide a copy, the requester may notify the department 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.
(f) The department of agriculture and the department of labor and industries shall jointly adopt, by rule, forms that satisfy the information requirements of this section.
(2) On and after January 1, 1995:
(a)
Except as provided in subsection (((7))) (2)(g) 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 which shall
include the following:
(((a)))
(i) The location of the land where the pesticide was applied.
(((b)))
(ii) The year, month, day and time the pesticide was applied.
(((c)))
(iii) 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)))
(iv) The crop or site to which the pesticide was applied.
(((e)))
(v) The amount of pesticide applied per acre or other appropriate
measure.
(((f)))
(vi) The concentration of pesticide that was applied.
(((g)))
(vii) The number of acres, or other appropriate measure, to which the
pesticide was applied.
(((h)))
(viii) The licensed applicator's name, address, and telephone number and
the name of the individual or individuals making the application.
(((i)))
(ix) The direction and estimated velocity of the wind at the time the
pesticide was applied: PROVIDED, That this subsection (((i))) (2)(a)(ix)
shall not apply to applications of baits in bait stations and pesticide
applications within structures.
(((j)))
(x) Any other reasonable information required by the director.
(((2)))
(b) Records shall be updated on the same day that a pesticide is
applied.
(((3)))
(c) Such records shall be kept 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.
(((4)))
(d) The pesticide records shall be readily available to: The
department; 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.
(((5)))
(e) If a request for information is made under subsection (((4)))
(2)(d) of this section from an applicator referred to in subsection (((1)))
(2)(a) 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)))
(f) The department of agriculture and the department of labor and
industries shall jointly adopt, by rule, one form that satisfies 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)))
(g) 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.
Sec. 2. RCW 49.70.117 and 1989 c 380 s 76 are each amended to read as follows:
(1) Until January 1, 1995:
(a) 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.
(b) 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 (i) at each corner of the pesticide-treated area, and (ii) at intervals not exceeding six hundred feet, or (iii) at other locations approved by the department that provide maximum visibility.
(c) The signs shall be posted 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 treated prior to application of the pesticide.
(d) 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.
(2) On and after January 1, 1995:
(a) 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)))
(b) 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)))
(i) at each corner of the pesticide-treated area, and (((b))) (ii)
at intervals not exceeding six hundred feet, or (((c))) (iii) at
other locations approved by the department that provide maximum visibility.
(((3)))
(c) The signs shall be posted no sooner than 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.
(((4)))
(d) 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) Until January 1, 1995:
(a) An employer who applies pesticides in connection with the production of an agricultural crop, or who causes pesticides to be applied in connection with such production, shall keep records of each application, which shall include the following information:
(i) The location of the land where the pesticide was applied or site where the pesticide was stored;
(ii) The year, month, day, and time the pesticide was applied;
(iii) 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;
(iv) The crop or site to which the pesticide was applied;
(v) The amount of pesticide applied per acre or other appropriate measure;
(vi) The concentration of pesticide that was applied;
(vii) The number of acres, or other appropriate measure, to which pesticide was applied;
(viii) If applicable, the licensed applicator's name, address, and telephone number and the name of the individual or individuals making the application;
(ix) The direction and estimated velocity of the wind at the time the pesticide was applied, except that this subsection (1)(a)(ix) does not apply to applications of baits in bait stations and pesticide applications within structures; and
(x) Any other reasonable information required by the director.
(b) The pesticide application records shall be kept in a format readily understandable to a reasonable person who does not have expertise in pesticide application. The records shall be updated on the same day that a pesticide is applied. If the employer has been provided a copy of a pesticide application record under RCW 17.21.100(1)(b)(ii), the copy may be used as the record of the pesticide application required under this section. The employer shall maintain and preserve the pesticide application records for no less than seven years from the date of the application of the pesticide to which the records refer.
(c) The pesticide application records shall be readily accessible for review to the employer's employees and their designated representatives in a central location beginning on the day the application is made and for at least two weeks following the application. New or newly assigned employees shall be made aware of the accessibility of the application records before working with pesticides or in a work area containing pesticides.
(d)(i) An employer subject to this section who stores pesticides shall at least once in each calendar year perform an inventory of the pesticides stored in any work area. The pesticide inventory records shall include the following information:
(A) The location of the site where the pesticide is stored;
(B) The year, month, day, and time the pesticide was first stored;
(C) The product name used on the registered label and the United States environmental protection agency registration number, if applicable, of the pesticide that is stored;
(D) The amount of pesticide in storage at the time of the inventory; and
(E) A record of nonusable pesticides and the planned method for disposing of the nonusable pesticides.
The inventory records shall be maintained and preserved for no less than seven years.
(ii) In addition to performing the annual pesticide inventory required under this subsection, an employer shall maintain a record of pesticide purchases made between the annual inventory dates. In lieu of this purchase record, an employer may obtain from distributors from whom pesticides are purchased a statement obligating the distributor to maintain the purchase records on behalf of the employer and in satisfaction of the employer's obligations under this subsection. The director may require the submission of all purchase records from employers or distributors, covering the purchases during a specified period of time or in a specified geographical area.
(e) If activities for which the records are maintained cease, the records 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 records 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 records.
(f)(i) The records required under this section shall be readily accessible to the department for inspection. Copies of the records shall be provided, 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 a 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). When a request for records is made under this subsection by treating medical personnel and the record is required for determining treatment, copies of the record shall be provided immediately. For all other requests, copies of the records shall be provided within seventy-two hours.
(ii) Copies of records provided to any person or entity under this subsection (1)(f) shall, if so requested, be provided or made available on a form adopted under subsection (1)(i) of this section. Information for treating medical personnel shall be made available by telephone, if requested.
(g) If a request for a copy of a record is made under this section and the employer refuses to provide a copy, the requester may 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 records, except that in a medical emergency the request shall be made within two working days. The employer shall provide the records to the department within twenty-four hours after the department's request.
(h) If an employer has failed to maintain and preserve the records or provide access to or copies of the records as required under this section, the employer shall be subject to any applicable penalties authorized under RCW 49.70.180.
(i) The department of labor and industries and the department of agriculture shall jointly adopt, by rule, forms that satisfy the information requirements of this section and RCW 17.21.100.
(2) On and after January 1, 1995:
(a) An employer who applies or stores pesticides in connection with the production of an agricultural crop 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)))
(i) The location of the land where the pesticide was applied or site
where the pesticide was stored;
(((b)))
(ii) The year, month, day, and time the pesticide was applied;
(((c)))
(iii) 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)))
(iv) The crop or site to which the pesticide was applied;
(((e)))
(v) The amount of pesticide applied per acre, or other appropriate
measure;
(((f)))
(vi) The concentration of pesticide that was applied;
(((g)))
(vii) The number of acres, or other appropriate measure, to which
pesticide was applied;
(((h)))
(viii) If applicable, the licensed applicator's name, address, and
telephone number and the name of the individual or individuals making the
application; and
(((i)))
(ix) The direction and estimated velocity of the wind at the time the
pesticide was applied: PROVIDED, That this subsection (((i))) (2)(a)(ix)
shall not apply to applications of baits in bait stations and pesticide
applications within structures.
(((2)))
(b) 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)))
(c) The workplace pesticide list may be prepared for the workplace as a
whole or for each work area and must be readily available to 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.
(((4)))
(d) 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 shall be stored in a
location suitable to preserve their physical integrity. The employer shall
maintain and preserve the forms 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)))
(e) After July 23, 1989, if an employer has failed to maintain and
preserve the forms as required, the employer shall be subject to any applicable
penalties authorized under this chapter or chapter 49.17 RCW.
(((6)))
(f) If activities for which forms are maintained cease at a workplace,
the forms 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 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.
(((7)))
(g) The employer shall provide copies of the forms, 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 and the employer refuses to provide a copy, 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, except that in a medical emergency the request shall
be made within two working days. The employer shall provide copies of the form
to the department within twenty-four hours after the department's request.
(((8)))
(h) 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.
NEW SECTION. Sec. 4. 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.