AN ACT
Relating to pesticides, with respect to pesticide recordkeeping and posting,
and reporting of pesticide cases; amending RCW 17.21.100, 49.70.117, 49.70.119,
and 70.104.055; prescribing penalties; providing an effective date; 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)) for 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)
The 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 provide a copy of the records required under
subsection (1) 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.
(3) ((Such))
The records required under this section shall be ((kept for a
period of)) maintained and preserved by the licensed applicator or such
other person or entity applying the pesticides for no less than 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, 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.
(4)(a)
The pesticide records shall be readily ((available to: The department))
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)) health care 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
((and the department of labor and industries)). In addition, the
director may require the submission of the records on a routine basis within
thirty days of the application of any 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 health care 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.
(b)
Copies of records provided to a person or entity under this subsection (4)
shall, if so requested, be provided on a form adopted under subsection (7) of
this section. Information for treating health care personnel shall be made
immediately available by telephone, if requested, with a copy of the records
provided within twenty-four hours.
(5) If
a request for ((information)) a copy of the record 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)), 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 of the records, 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 shall include inspection of the records required under this section
as part of any on-site inspection conducted under this chapter on agricultural
lands. The inspection shall determine whether the records are readily
transferable to a form adopted by the department and are readily accessible to
employees. However, no person subject to a department inspection may be
inspected under this subsection (6) more than once in any calendar year, unless
a previous inspection has found recordkeeping violations. If recordkeeping
violations are found, the department may conduct reasonable multiple
inspections, pursuant to rules adopted by the department. Nothing in this
subsection (6) limits the department's inspection of records pertaining to
pesticide-related injuries, illnesses, fatalities, accidents, or complaints.
(7)
The department of agriculture and the department of labor and industries shall
jointly adopt, by rule, ((one)) forms that ((satisfies)) 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)).
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 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)) keep records
for each application, which shall include 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))
(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; and
(j)
Any other reasonable information required by the director.
(2)
The ((employer shall update the workplace pesticide list)) records
shall be updated on the same day that a pesticide is applied ((or is
first stored in a work area)). If the employer has been provided a copy
of a pesticide application record under RCW 17.21.100(2)(b), 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.
(3) ((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.)) The pesticide application records shall be readily
accessible to the employer's employees and their designated representatives in
a central location in the work place beginning on the day the application is
made and for at least thirty days following the application. The employee or
representative shall be entitled to view the pesticide application records and
make his or her own record from the information contained in the application
records. New or newly assigned employees shall be made aware of the ((pesticide
chemical list)) accessibility of the application records before
working with pesticides or in a work area containing pesticides.
(4)(a)
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.)) 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:
(i)
The location of the site where the pesticide is stored;
(ii)
The year, month, day, and time the pesticide was first stored;
(iii)
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; and
(iv)
The amount of pesticide in storage at the time of the inventory.
The
inventory records shall be maintained and preserved for no less than seven
years.
(b)
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.
(5) ((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))) If
activities for which ((forms)) the records are maintained cease
((at a workplace)), the ((forms)) 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 ((forms)) 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 ((forms))
records.
(((7)
The employer shall provide copies of the forms)) (6)(a) 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)) health care personnel,
the pesticide incident reporting and tracking review panel, or department
representative. The designated representative or treating ((medical)) health
care 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)) When
a request for records is made under this subsection by treating health care
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.
(b)
Copies of records provided to any person or entity under this subsection (6)
shall, if so requested, be provided or made available on a form adopted under
subsection (10) of this section. Information for treating health care
personnel shall be made immediately available by telephone, if requested, with
a copy of the records provided within twenty-four hours.
(c)
If an employer has reason to suspect that an employee is ill or injured because
of an exposure to one or more pesticides, the employer shall immediately
provide the employee a copy of the relevant pesticide application records.
(7)
If a request for a copy of a record is made under this section and the
employer refuses to provide a copy, the requester ((shall)) 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 copies of the records, except that in a medical
emergency the request shall be made within two working days. The employer
shall provide copies of the ((form)) records to the department
within twenty-four hours after the department's request.
(8) The
department shall include inspection of the records required under this section
as part of any on-site inspection of a work place conducted under this chapter
or chapter 49.17 RCW. The inspection shall determine whether the records are readily
transferable to a form adopted by the department, and readily accessible to
employees. However, no employer subject to a department inspection may be
inspected under this subsection (8) more than once in any calendar year, unless
a previous inspection has found recordkeeping violations. If recordkeeping
violations are found, the department may conduct reasonable multiple
inspections, pursuant to rules adopted by the department. Nothing in this
subsection (8) limits the department's inspection of records pertaining to
pesticide-related injuries, illnesses, fatalities, accidents, or complaints.
(9)
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 penalties authorized under RCW 49.17.180.
(10)
The department of labor and industries and the department of agriculture shall
jointly adopt, by rule, ((one)) forms that ((satisfies)) satisfy
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.))
Sec.
4. RCW
70.104.055 and 1991 c 3 s 360 are each amended to read as follows:
(1)
Any attending physician or other health care provider recognized as primarily
responsible for the diagnosis and treatment of a patient or, in the absence of
a primary health care provider, the health care provider initiating diagnostic
testing or therapy for a patient shall report a case or suspected case of
pesticide poisoning to the department of health in the manner prescribed by,
and within the reasonable time periods established by, rules of the state board
of health. Time periods established by the board shall range from immediate
reporting to reporting within seven days depending on the severity of the case
or suspected case of pesticide poisoning. The reporting requirements shall be
patterned after other board rules establishing requirements for reporting of
diseases or conditions. Confidentiality requirements shall be the same as the
confidentiality requirements established for other reportable diseases or
conditions. ((The board rules shall determine what information shall be
reported.)) The information to be reported may include information from
relevant pesticide application records and shall include information required
under board rules. Reports shall be made on forms provided to health care
providers by the department of health. For purposes of any oral reporting, the
department of health shall make available a toll-free telephone number.
(2)
Within a reasonable time period as established by board rules, the department
of health shall investigate the report of a case or suspected case of pesticide
poisoning to document the incident. The department shall report the results of
the investigation to the health care provider submitting the original report.
(3)
Cases or suspected cases of pesticide poisoning shall be reported by the
department of health to the pesticide reporting and tracking review panel
within the time periods established by state board of health rules.
(4)
Upon request of the primary health care provider, pesticide applicators or
employers shall ((make available to that provider any available information
on)) provide a copy of records of pesticide applications which may
have affected the health of the provider's patient. This information is to be
used only for the purposes of providing health care services to the patient.
(5)
Any failure of the primary health care provider to make the reports required
under this section may be cause for the department of health to submit
information about such nonreporting to the applicable disciplining authority
for the provider under RCW 18.130.040.
(6) No
cause of action shall arise as the result of: (a) The failure to report under
this section; or (b) any report submitted to the department of health under
this section.
(7)
For the purposes of this section, a suspected case of pesticide poisoning is a
case in which the diagnosis is thought more likely than not to be pesticide
poisoning.
NEW
SECTION. Sec. 5. (1)
Sections 1 through 3 of this act are 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.
(2)
Section 4 of this act shall take effect January 1, 1993.
