Worker Protection Standard

Workers

Agricultural workers do not apply or handle pesticides, but they work in areas where pesticides were used in the last 30 days. They perform hand labor activities (harvesting, planting, weeding, hoeing, etc.) that put them in contact with pesticide residue. View the PERC Worker website for Frequently Asked Questions.

Handlers

Pesticide handlers are not referred to as certified applicators in the WPS; handlers perform pesticide-handling activities that include mixing and loading, applying pesticides, assisting with pesticide applications, disposing of containers, and servicing application equipment. View the PERC Handler website for Frequently Asked Questions.

Agricultural Employers

Employers are persons responsible for managing an agricultural establishment and employ workers and handlers. Agricultural employers and their family are subject to some of the same requirements as workers and handlers. View the PERC Agricultural Employer website for Frequently Asked Questions.

Commercial Pesticide Handler Employers

The WPS only applies to you if you are paid to perform activities that are directly related to the production and/or maintenance of the agricultural plants.

The Worker Protection Standard applies to both indoor/enclosed (greenhouse, hoop house, and mushroom houses, warehouses) and outdoor (farm, nursery, forest) agricultural facilities that produce commodities such as:

• Food/oil crops, turf, sod, and forest products
• Ornamental plants like flowers and shade trees
• Organic produce

Non-traditional agricultural facilities that may be subject to WPS include:

• Family-owned and operated agricultural establishments
• Establishments where products are grown for research/experimental purposes
• Educational facilities such as schools or research universities
• Businesses offering to apply WPS-labeled pesticides on agricultural establishments for hire
• Both indoor and outdoor cannabis production facilities

For a comprehensive list of facilities considered to be Agricultural Production Establishments, review Chapter 1, Pg 14 of the How to Comply Manual.

If your facility does not produce an agricultural commodity, WPS does not apply.

Under the Federal Worker Protection Standards, agricultural employers are required to provide workers and handlers with information and protections designed to reduce work-related pesticide exposures and illnesses. The protections vary depending on the type of facility and work duties performed.

The following are some examples of protections an agricultural employer must provide if WPS labeled pesticides are used at the agricultural facility:

Pesticide Safety Training: Before agricultural workers begin work in an area where a pesticide was applied within the last 30 days, the employer must provide worker training. Before pesticide handlers begin any handling activities, the employer must provide handler training. Agricultural workers and pesticide handlers must receive this training every year.

Employer Information Exchange: When a commercial custom pesticide application business is hired to apply pesticides on an agricultural establishment, both the custom application business and the agricultural employer need to exchange certain information about pesticide applications to inform their employees to avoid pesticide exposure. A commercial applicator business needs to inform their handlers of any restricted areas on the agricultural establishment where they will be working. The agricultural employer must post specific information about the application, including safety data sheets. For more information about information exchange and the Central Posting Area, refer to the PERC Central Posting Materials — Informing Workers About Agricultural Pesticides website.

Personal Protection: Pesticide handlers and early entry workers must wear the Personal Protective Equipment (PPE) required by the pesticide label. Employers must provide PPE if it is required. For pesticides that require a respirator, the employer must provide medical evaluation, fit testing, and respirator training. For more detailed information about respirator requirements under WPS, refer to the PERC WPS Respirator Resources website.

Decontamination Supplies: An employer must provide workers access to water, soap, and single use towels within a quarter mile of where they work. The water must be safe and cool enough for washing and drinking. For handlers, decontamination supplies must also include a one size fits all coverall, and when using a pesticide that requires eye protection must include eye flush at the mix and load site, and one pint of water in a container to carry with them. For more detailed information about decontamination requirements under WPS, refer to the PERC Decontamination Requirements website.

Emergency Assistance: If you have been exposed to a pesticide and require medical assistance, your employer must provide you with transportation to an emergency medical facility. They must also provide medical personnel with important pesticide information.

If you have pesticide safety concerns related to WPS that cannot be resolved with your employer, file a complaint with us using the Worker Protection Standard Complaint Form. A complaint can be filed anonymously. Inspectors with MDARD will follow-up with complaints received through the form.

Worker Protection Standard Complaint Form

Employers must not retaliate against you and other workers attempting to comply with the Worker Protection Standard (WPS), after filing a complaint, or providing information during a WPS investigation.

Under the Worker Protection Standard (WPS) agricultural workers and pesticide handlers must be trained annually in pesticide safety.

Persons conducting the training must be qualified trainers. A person can become a qualified trainer by doing any one of the following:

• Obtaining a pesticide applicator's certification/license in any category, or
• Completing an EPA-approved train-the-trainer program for trainers of workers and/or handlers, or
• Obtaining official designation as a trainer of workers from the EPA or the State or Tribal agency responsible for pesticide enforcement.

The training must:

• Be delivered (orally or audio-visually) in a manner that workers can understand.
• Be delivered by a qualified trainer.
• Be completed before any worker enters an area where a WPS-labeled pesticide has been used in the last 30 days.
• Be completed before any handler does any handling activities.
• Be documented for each worker and handler with records retained for two years at the agricultural establishment.

For more information on training requirements and training resources, visit the PERC Website for Pesticide Safety Training Requirements or review Chapter 2 of the How-To-Comply Manual.

The train-the-trainer program can be taken online at the PERC Web-based Training for Trainers of Agricultural Workers and Pesticide Handlers, or MDARD can conduct an in-person train-the-trainer program for your industry.

Currently certified pesticide applicators and certified crop advisors are exempt from WPS worker and handler training. Any worker who has been trained as a handler does not need to receive worker training.