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Worker safety
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Article Content
| Agricultural labor housing and related facilities |
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Who must comply?
Anyone who operates a farm worker camp must comply with state and federal standards.
Section 203(a) of the Migrant and Seasonal Agricultural Worker Protection Act (MSPA) requires each person who owns or controls a facility or real property which is used for housing migrant agricultural workers to ensure that the facility or real property complies with substantive federal and state safety and health standards. (Person for purposes of housing means anyone, not just a farm labor contractor or farm labor contractor employee, who owns or controls the facility or real property where migrant agricultural workers are housed.)
The US Department of Labor (USDOL) Wage and Hour Division will conduct safety and health inspections using the applicable federal standard. The federal standard to be used is either 29 CFR 1910.142 (Occupational Safety and Health Administration, OSHA) or 20 CFR 654 (Employment and Training Administration, ETA). Camps constructed prior to April 3, 1980, or which were under contract for construction prior to March 4, 1980, may be inspected under either the ETA or the OSHA standard; camps constructed on or after April 3, 1980 must be inspected under the OSHA standard.
Inspections
Oregon OSHA inspects occupied agricultural labor housing. These inspections result from complaints, referrals, or accidents, or happen randomly from the inspection list.
Employers must meet minimum federal, state, and local housing standards. ETA and Oregon OSHA standards specify requirements for the following:
- Housing site
- Shelter and housing
- Water supply
- Toilet facilities
- Sewage disposal
- Laundry, hand washing, and bathing facilities
- Electrical safety and lighting
- Refuse and garbage disposal
- Cooking and eating facilities
- Screening, insect and rodent control
- Fire, safety and first aid procedures, equipment, and supplies
- Reporting of communicable diseases
Check with the appropriate agency for details on these requirements. Wage and Hour Division may require refunds of rent for substandard housing.
If the Oregon Employment Department is coordinating an Agricultural Recruitment System (Clearance) order with an employer, the agency will require a preoccupancy housing inspection. That will be accomplished as part of the process of writing and approving the order and will be done by a representative of Oregon OSHA. An exception to this requirement would be allowed if the employer can show the housing has previously been inspected and the results of that inspection are still valid.
Farm worker camp
A farm worker camp is an area of land where sleeping places, mobile home sites, or other types of housing are provided by a farmer, farm labor contractor, employer, or other person in connection with recruitment or employment of workers in the production and harvesting of farm crops or reforestation of lands.
Prerequisites to operating a farm worker camp:
- Be a registered farm labor contractor with an endorsement to operate a farm workers camp or have a substantial ownership interest in real estate, subject to special farm assessment, on which the camp is located
- Have any form of ownership in a business that operates a farm worker camp and files a Schedule F with the preceding year’s income tax return
- Be related by blood or marriage to anyone who satisfies the two preceding elements
Farm worker camp operators must do the following:
- Register the farm worker camp with Oregon OSHA. Failure to register can result in a penalty of $250 to $7,000. Exempt from registration:
- Housing occupied solely by members of the same family; or by five or fewer unrelated persons
- Hotel or motel that provides housing with the same characteristics on a commercial basis to the general public on the same terms as provided to workers
- Pass a farm worker camp preoccupancy consultation by Oregon OSHA.
- Post the “Farm Worker Camp Registration Certificate” in a conspicuous place in the camp that is open to all employees and easily visible to occupants and visitors.
- Post “farm worker camp endorsement” in a conspicuous place in the camp that is open to all employees and easily visible to occupants and visitors.
- Provide lodging, without charge, which meets health and safety standards to all occupants of agriculture labor housing ordered vacated by any code enforcement agency based on a decision that it is not habitable. Substitute housing must be provided for seven days or until the camp is made habitable, whichever comes first. Exempt if the cause of the closure was beyond the control of the camp operator.
- Post and maintain a bond in the amount of $15,000 payable to the Oregon Bureau of Labor and Industries, if the camp operator is required to be a licensed farm labor contractor with a camp operator’s endorsement.
A farm worker camp operator must not do any of the following:
- Operate an unregistered farm worker camp.
- Make a false statement or willfully conceal facts in an application for a farm worker camp endorsement or registration
- Make a false or misleading statement or knowingly publish such a statement concerning terms and conditions of occupancy of the camp.
- Aassist a person not entitled to operate a camp to violate the farm worker camp statute.
- Induce a farm worker camp occupant to give up any compensation to which the occupant is entitled.
- Restrain any person who wishes to leave the camp from doing so.
- Restrict access by authorized persons or invited persons to any housing owned, rented, or in any way controlled by employer where employees are residing.
- Discharge, evict, or discriminate against a person because that person made a claim against the operator or employer for compensation, instituted any proceedings to enforce the agriculture labor housing statutes, has testified, or is about to testify in proceedings to enforce agriculture labor housing statutes.
- Adopt rules concerning the use of housing unless the rules do one or more of the following:
- Promote safety and welfare
- Preserve housing from abusive use
- Are reasonably related to the purpose for which they are adopted
- Apply to all those on the premises equally
- Are clearly stated to fully inform employees what must be done to comply.
- Expel or evict from housing, discharge, demote, or suspend from employment, discriminate, or retaliate against an employee for employee’s report of a violation with respect to employer controlled housing.
Technical assistance
US Department of Labor Wage and Hour Division 620 SW Main St, Room 423 Portland, OR 97205 Phone 503-326-3057 Fax 503-326-5951 Web wagehour.dol.gov
Oregon Bureau of Labor and Industries Licensing Unit 3865 Wolverine St NE, E-1 Salem, OR 97305 Phone 503-373-1463 Web oregon.gov/BOLI
Oregon Occupational Safety and Health Division 350 Winter St NE, Rm. 430 PO Box 14480 Salem, OR 97309-0405 Phone 503-378-3272 or 800-922-2689 Fax 503-947-7461 Web orosha.org
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| Field sanitation standard |
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Who must comply?
These rules apply to any agricultural establishment where
employees do hand-labor operations in the field. Hand-labor operations are
activities performed by hand or with hand tools, including the following:
- Hand-cultivation, hand-weeding, hand-planting, and
hand-harvesting of agricultural crops
- Hand packing or sorting done on the ground, on a moving
machine, or in a temporary packing shed in the field
- Operation of vehicles or machinery in conjunction with other
hand-labor operations.
Exemptions
The rules do not apply to logging operations, the care or
feeding of livestock, hand-labor operations in permanent structures such as
canning facilities or packing houses, or machine operators working entirely
separate from hand-labor operations.
Definitions
Hand washing facility: a facility providing a basin,
container, or outlet with an adequate supply of potable water, soap, and
single-use towels.
Potable water: water that meets standards for drinking water
set by OAR Chapter, 333, DIV 61, Public Water Systems.
Toilet facility: a fixed or portable facility designed for
the purpose of adequate collection and containment of the products of both
defecation and urination, supplied with toilet paper adequate to meet employee
needs. Toilet facilities must be free of hazards, in good repair, stable, and
meet the Oregon Department of Environmental Quality’s requirements for
construction and maintenance.
To comply, employers must do the following:
- Provide one toilet facility and one hand washing facility—in
close proximity to each other—for each 20 employees or fraction thereof.
Provide toilet facilities for each sex, where practicable. Distinctly mark them
“women” and “men” in English and in the native language of employees expected
to work in the fields—or with easily understood pictures or symbols.
- Ensure that toilet facilities are adequately ventilated and
screened, have self-closing doors that can be latched from the inside, and are
constructed to ensure privacy.
- Ensure that hand washing facilities are refilled with
potable water and restocked as necessary to ensure an adequate supply.
- Maintain toilets, and hand washing facilities in a clean and
sanitary condition and in accordance with appropriate public health sanitation
practices.
- Locate toilets and hand washing facilities within a ¼ mile
or a five-minute walk of each hand laborer’s place of work in the field. (If it
is not feasible due to the terrain, to locate facilities within the ¼ mile
distance the facilities can be located at the closest vehicular access to the
field.)
- Provide potable drinking water, as follows:
- Immediately available to all employees, suitably cool and in
sufficient amounts to meet the needs of all employees
- Water must be dispensed in single-use drinking cups or by
fountains. Shared drinking cups or common dippers are prohibited
- Containers for drinking water must be constructed of
materials that maintain water quality, shall be refilled daily or more often as
necessary, shall be kept covered, and shall be regularly cleaned
- Ensure that the disposal of waste from these facilities does
not cause unsanitary conditions
- Notify each employee of the location of drinking water, toilets,
and hand washing facilities and provide employees with reasonable opportunities
to use them during the work day.
- Inform each employee of the importance of following good
hygiene practices to minimize the hazards of heat, exposure to communicable
diseases and agricultural residues, and retention of urine. Specifically,
instruct employees to do the following:
- Use the water and facilities provided for drinking, hand
washing, and elimination.
- Drink water frequently, especially on hot days.
- Wash hands both before and after using the toilet.
- Urinate as frequently as necessary.
- Wash hands before eating and smoking.
Field sanitation notice
Employers that grow or harvest food crops for human
consumption must post a notice describing the requirements of these rules and
advising workers where they may file complaints regarding field sanitation
matters. It must be in the language of the majority of the workers. A
down-loadable form in English and Spanish is available on the Oregon OSHA
website.
Web www4.cbs.state.or.us/ex/osha/film/hard
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| Oregon OSHA hazard communication standard |
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Who must comply?
The rules apply when any chemical product is known to be
present in the workplace in a way that can expose workers under normal
conditions of use or in a foreseeable emergency. Employers must inform their
employees about the hazards of these materials through the following:
- A written Hazard Communication Program
- A system for container labeling and other forms of warning
- Material Safety Data Sheets (MSDS) for each chemical
- Providing specific training to employees
Hazard Communication Program
Each employer must develop and implement a written,
workplace-specific Hazard Communication Program that specifies how the employer
will meet the requirements of the rule. The Hazard Communication Program must
also include the following information:
A list of all the hazardous chemicals in the workplace,
cross-referencing the chemical names on the product labels with the MSDSs
What methods the employer will use to inform employees about
the hazards of non-routine tasks
What methods the employer will use to inform contractors and
other employers about chemical hazards while they are in his workplace
Labels and other forms of warning
Chemical manufacturers, importers, and distributors have the
responsibility for ensuring that each container of hazardous chemical leaving
their facility is labeled, tagged, or marked with the following information:
- The identity of the hazardous chemical(s)
- Appropriate hazard warnings
- The name and address of the chemical manufacturer, importer,
or other responsible party
The employer must ensure that the manufacturer’s labels or
other forms of warning are legible, in English, and prominently displayed.
Secondary containers must also be labeled unless the portable container is for
the immediate use of, and will be in the exclusive possession of the employee
who performs the transfer, and will be used up before the end of that
employee’s workshift. Pesticides with labels required by the Federal
Insecticide, Fungicide, and Rodenticide Act need no additional labeling under
the Hazard Communication Rule.
Material Safety Data Sheets
A Material Safety Data Sheet (MSDS) is a document, written
in English, containing standardized information about the properties and the
hazards of toxic substances. Manufacturers and importers of toxic chemicals
must prepare, update, and furnish MSDS to their distributors and to employers
who purchase these products. If an MSDS is not furnished with a chemical
shipment that has been labeled hazardous, the employer must obtain an MSDS from
the chemical manufacturer, importer, or distributor. Employers must have an
MSDS on file for each hazardous chemical in the workplace and ensure that MSDS
are readily accessible to employees when they are in their work
area(s)—especially in an emergency.
Employee training and information
Employers must provide employees with information and
training on hazardous chemicals in the work area at the time of their initial
assignment and whenever a new hazard is introduced into their work area.
Training required by the Hazard Communication Standard is in
addition to training required under the federal Worker Protection Standard.
Employers are required to provide a copy of the Oregon OSHA brochure #440-1951
“Safe Practices when Working Around Hazardous Agricultural Chemicals” to each
employee. For workers who perform only hand labor operations in agriculture,
this publication can be used for part of the Hazard Communication training as
well as for the initial Worker Protection Standard training. (For Hazard
Communication, workers must also be told about what chemicals they may be
exposed to, where to find additional information about these chemicals, the
employer’s policies and procedures for preventing exposures, and what to do in
an emergency. Additional training may also be required by the Worker Protection
Standard.) Licensed pesticide applicators are covered by the Hazard
Communication Standard and must receive all training required by the rules.
Note: See additional
information under “Worker Protection Standard (WPS)”
Employee training must include at least the following:
- Information about any operations in their work areas where
hazardous chemicals are present.
- The location and availability of the written Hazard
Communication Program, the required list(s) of hazardous chemicals and the
required MSDSs.
- How to observe or detect the presence or release of a
hazardous chemical in the work area.
- The physical and health hazards of the chemicals in the work
area.
- The measures employees can take to protect themselves from
these hazards, including specific procedures the employer has implemented to
protect employees. Examples include appropriate work practices, emergency
procedures, and personal protective equipment to be used.
- The details of the employer’s Hazard Communication Program,
including an explanation of the labeling system and the MSDS, and how employees
can obtain and use the appropriate information.
Technical assistance
Oregon Occupational Safety and Health Division 350 Winter St NE, Rm. 430 PO Box 14480 Salem, OR 97309-0405 Phone 503-378-3272 or
800-922-2689 Fax 503-947-7461 Web orosha.org
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| Worker health and safety (Oregon OSHA) |
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Who must comply?
Any employer with one or more employees.
Note: For purposes of
determining the number of employees, members of the agricultural employer’s
immediate family are excluded unless they are covered by workers’ compensation
insurance. The immediate family includes grandparents, parents, children, stepchildren,
foster children, and any blood relative living as a dependent of the core
family.
The Oregon Legislature passed the Oregon Safe Employment Act
(OSE Act) in 1973 to ensure the occupational safety and health of Oregon’s
workforce. The Oregon Department of Consumer and Business Services,
Occupational Safety and Health Division (Oregon OSHA), takes the lead in
administering the various aspects of agricultural worker health and safety in
Oregon.
Regulated activities
Many aspects of agricultural practices are subject to worker
safety regulation including farmstead machinery and equipment, toxic and
hazardous substance handling (including pesticides and fertilizers),
occupational noise, storage and handling of anhydrous ammonia, protective
apparel and equipment, and temporary labor housing. Division 4/Agriculture
contains most of the Oregon OSHA administrative rules that apply to
agricultural workplaces.
Web osha.oregon.gov/standards/div_4.html
Required registrations, permits, and licenses
Oregon OSHA does not issue permits or licenses to
individuals working in agriculture. However, most agriculture labor housing
camps must be registered with Oregon OSHA (503-378-3272, or toll free
800-922-2689). Other agencies do require and issue permits or licenses for the
agricultural industry. For instance, the Oregon Department of Agriculture,
Pesticides Program (503-986-4635), issues licenses for the application of
restricted use pesticides; and the Oregon Bureau of Labor and Industries
(503-731-4073) issues permits for employing minors and endorsements for
agriculture labor housing operators.
Reporting and record keeping
Report the death of any employee or a catastrophe (three or
more employees admitted to a hospital) within eight hours of the incident or
within eight hours after it has been reported to you. Report the overnight
hospitalization of an employee for medical treatment within 24 hours of the
incident.
Call 503-378-3272 or 800-922-2689 to report overnight
hospitalizations, catastrophes, or fatalities.
Employers must also keep certain records, including worker
exposure to toxic materials and medical records related to work related
injuries or illnesses.
Postings
Employers are required to display posters related to
employee safety and health, pesticide safety, civil rights, minimum wages,
equal employment opportunity laws, and the Workers’ Compensation Insurance
Certificate, among others.
Oregon OSHA’s required “It’s the Law” poster and “Field
Sanitation Notice” poster are available in English and Spanish from the Oregon
OSHA Resource Centerl.
Phone 503-947-7453 or
800-922-2689 Web osha.oregon.gov/publications/posters.html
Also, the location of first-aid supplies, telephone numbers
of local ambulance and hospital services (or 911), and names and other
pertinent information about who, if anybody, on the premises is trained in CPR
and first-aid, must be posted where employees can easily find them.
The Oregon Bureau of Labor and Industries offers a composite
laminated poster that combines most of the required agricultural postings
($10.00). Call the Oregon BOLI office in Portland, OR for more information: 971‑673-0825.
Posters (limited to availability on hand) may also be picked-up at the
following BOLI satellite offices:
Eugene: 1400 Executive Parkway, Suite 200, Eugene, OR 97401.
Phone: 541-686-7623 Salem: 3865 Wolverine St NE, Building E-1, Salem, OR 97305.
Phone: 503-378-3292
Safety awareness and safety training
All agricultural employers must provide “basic safety
awareness information” for seasonal workers at their orientation and when work
conditions change in a way that could affect their safety or health. This
information must be provided in a way that the workers can understand.
All agricultural employers with non-seasonal workers must
either have a safety committee or hold monthly safety meetings. Employers with
10 or fewer workers at a location can either have a safety committee or hold
safety meetings. Employers with 11 or more workers at a location must have a
safety committee.
Phone 503-378-3272 Toll free 800-922-2689 Web osha.oregon.gov/pdf/rules/division_4/div4c.pdf
Employers must ensure that every worker can safely perform
any process or practice in which he/she will be involved and safely use or
operate any machinery, tools, or equipment. In addition, specific training is
required by other Oregon OSHA rules for all workers for activities such as
operating equipment, using personal protective equipment, and handling
chemicals. Contact Oregon OSHA for more information on this topic.
The Public Education section of Oregon OSHA offers a variety
of online and in-person classes on occupational safety and health subjects and
record keeping.
Phone 503-947-7443 or
888-292-5247, Option 2 Email ed.web@state.or.us
Inspections and enforcement
An employer may not risk an employee’s safety or health. In
the event of an accident or incident, Oregon OSHA may conduct an inspection to
determine occupational hazards.
Oregon OSHA conducts unannounced enforcement inspections
based on injury records, complaints from an employee or non employee, and
referrals from public entities or the media. During an inspection, records and
written safety programs are reviewed, facilities inspected, and employee
exposure to hazards documented through field notes, interviews, and
photographs. The inspector checks to see that the OSHA safety poster is prominently
displayed where employees can see it. Employers who correct violations before a
compliance officer concludes the inspection may receive penalty reductions.
First instance violation penalties range from $0 to $7,000 or more per
violation, depending on the probability and severity of an accident or illness
occurring. Employers have the right to appeal any citation and do not need to
be represented by a lawyer in an appeal.
The most frequent citations in farm-related enterprises for
2012 include the following (in order of frequency):
- Agricultural labor housing rules (requirements not met for
living areas, facilities, or site)
- Hazard Communication Standard (requirements not met for
written program, safety data sheets, employee information and training)
- Field Sanitation rules (requirements not met for toilets,
hand-washing facilities, potable drinking water, and posting of the notice)
- Safety committees/ safety meeting rules (general
requirements not being met for committees or meetings)
- Worker Protection Standard (requirements not being met for
cleaning or maintenance of pesticide personal protective equipment, information
or training)
- Respiratory Protection Standard (program requirements not
met)
- Flammable and combustible liquids (requirements not met for
tanks and containers)
- Annual inspection of fire extinguishers not performed.
- Inadequate control of hazardous energy (lockout/tag out
rules)
- Training requirements for tractor operators not met
Note: Although not
cited as often, some of the most serious-and expensive-citations were for not
meeting the general requirements for providing supervision and competency.
Oregon OSHA safety checklist
The following is a brief hazard checklist assembled by
Oregon OSHA to help employers and employees evaluate their work place. Not all
hazards are covered. A more extensive checklist is provided (at no charge) in
Oregon OSHA’s publication, Cultivating a Safe Environment, available online or
from the Oregon OSHA Resource Center.
Phone 800-922-2689 Web orosha.org
General safety and health
- Do your procedures ensure that quarterly inspections of the
job site, materials, and equipment are conducted to identify hazards?
Medical requirements
- Is there an emergency medical plan to ensure prompt
treatment of an injured worker?
- Are the minimum first-aid supplies available?
- Are the medical-emergency numbers posted (name and telephone
numbers of ambulance service and hospital or 911)?
- Are all employees aware of the identity of the first-aid
trained person, if any, or provider and the elements of the emergency medical
plan?
Safety training and education
- Have all employees been trained to recognize and avoid
unsafe conditions and hazards in their work environment?
- Has a training program been provided for all employees who
use ladders?
- Has training been provided for all employees who use
personal protective equipment (PPE)?
- Have all employees been given a copy and provided training
on the “Safe Practices when Working around Hazardous Agricultural Chemicals”
brochure?
Posting
- Is the Oregon OSHA Safety and Health Protection on the Job
poster displayed where all employees are likely to see it?
- Are emergency numbers posted where they can be readily used
in case of emergency?
- Are other applicable Oregon and federal posters or notices
properly displayed, such as
- Field sanitation notice
- Migrant and Seasonal Agricultural Worker Protection poster
- EPA Worker Protection Standard for Agricultural Pesticides
Safety poster.
Record keeping
- Are all occupational injuries and illnesses, except minor
injuries requiring only first aid, being recorded as required on the Oregon
OSHA Form 300?
- Are copies of Oregon OSHA Form 300 and First Report Injury
Form 801, kept for five years?
Technical assistance
Oregon Occupational Safety and Health Division 350 Winter St NE, Rm. 430 PO Box 14480 Salem, OR 97309-0405 Phone 503-378-3272 or
800-922-2689 Fax 503-947-7461 Web orosha.org
Consultative services
Phone 503-378-3272 or
800-922-2689 Trained safety and health professionals provide consultative
services to help employers and workers identify and correct occupational safety
and health hazards. All consultative services are free. The training section
offers a variety of workshops and training classes.
Publications and posters
Oregon OSHA Resource Center Phone 503-947-7447 or
800-922-2689
OSU Extension Contact your local OSU Extension Office for a composite
laminated poster that includes all agricultural postings ($10.00).
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| Worker protection standard for pesticide applications |
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Who must comply?
The federal Worker Protection Standards (WPS) requirements
apply to employers of workers on farms and forests, nurseries, and in
greenhouses where pesticides with labels that include “Agricultural Use Requirements”
are used. Oregon OSHA enforces the WPS within Oregon. Agricultural employers
are strongly encouraged to obtain a copy of “Worker Protection Standard for
Agricultural Pesticides-How to Comply: What Employers Need to Know, a manual
produced by the US Environmental Protection Agency.” Contact any of the
enforcement agencies listed at the end of this section for information on how
to obtain the manual.
Compliance
Employers who hire or contract for workers to perform
activities related to the production of agricultural plants must ensure that
any pesticide is used in a manner consistent with its labeling, including
requirements (such as WPS) referenced by the label. In Oregon, the WPS
requirements have been adopted by administrative rule into the OSHA regulations
which are more stringent. OSHA regulations for WPS include Hazard
Communication, additional protections for personal protective equipment, worker
training, and pesticide storage.
Exceptions and exemptions
For both workers and handlers, certain exemptions from the
WPS apply. The WPS does not apply when any pesticide is applied or handled for
use on an agricultural establishment in the following circumstances:
- For mosquito abatement, invasive species eradication, or
similar wide-area public-pest-control programs sponsored by governmental
entities
- On livestock or other animals, or in or about animal
premises
- On plants grown for other than commercial or research
purposes, which may include plants in habitations, home fruit and vegetable
gardens, and home greenhouses
- On plants that are in ornamental gardens, parks, and public
or private lawns and grounds and that are intended only for aesthetic purposes
or climatic modification
- In a manner not directly related to the production of
agricultural plants, including, but not limited to, structural pest control,
control of vegetation along rights-of-way and in other non crop areas, and
pasture and rangeland use
- For control of vertebrate pests
- As attractants or repellents in traps
- On the harvested portions of agricultural plants or
harvested timber
- For research uses of unregistered pesticides
Immediate family members of farm operators are exempt from
the training requirements; however, such training is prudent and recommended
for owner/operators and family members. Some other elements of WPS may apply.
Personal protective equipment (PPE)
Employers must ensure that pesticide handlers (including
family members) use PPE as required on the pesticide label. The employer must
make sure the PPE is inspected before each day of use, worn and used correctly
for the entire handling task, and that proper cleaning and storage procedures
are followed. PPE requirements in the pertinent Oregon OSHA regulations
(Division 4/Agriculture, Division 7/Forest Activities, or Division 2/General
Industries) that are more stringent than those in the WPS or on the product
label, apply in Oregon. Goggles, not glasses, must be worn when handling
hazardous liquids.
Entry restrictions for workers
During application of any pesticide, the agricultural
employer must not allow any person other than appropriately trained and
equipped handlers to enter or remain in treated areas. Entry into a treated
area is not allowed before expiration of the restricted-entry interval (REI)
specified on the pesticide labeling. The REI varies depending on the toxicity
of the pesticide, but generally falls within the range of four to 72 hours.
Entry into a treated area before expiration of the REI is permitted only for specified
workers, under specified conditions, with specified PPE (call Oregon OSHA or
ODA for details).
Notice to workers
The employer must notify workers of any applications of
pesticides either by oral notification or postings of signs, or both, if required
by the pesticide labeling. Notice is not required if workers will not enter,
work in, remain in, or pass through treated areas, or within ¼ mile of a
treated area.
- If notice is required by posting signs, specific criteria
for the signs must be met including a background color that contrasts with red,
and the words “DANGER” and “PELIGRO,” plus “PESTICIDES” and “PESTICIDAS,” and
“KEEP OUT” and “NO ENTRE.”
- The posted warning signs must be visible from all usual
points of entry to the treated areas and must be posted 24 hours before the
scheduled application and remain posted throughout the REI. Signs must be
removed within three days following the expiration of the REI or prior to
employees entering after the REI. Sign specifications are in the WPS, but special
signs may be used in greenhouses and nurseries in Oregon. Contact the Oregon
Association of Nurseries or Oregon OSHA for details.
Central posting of application information
When workers are at an agricultural establishment where a
pesticide application has been made within 30 days after the expiration of the
REI, the agricultural employer must display specific information about the
pesticide. The information must include the following:
- The location and description of the treated area
- The product name, EPA registration number, and active
ingredient(s) of the pesticide
- The time and date the pesticide was applied
- The restricted-entry interval for the pesticide
- This information shall be posted at a central location
accessible to employees.
Posters
An EPA/WPS or equivalent safety poster must be displayed to
convey the basic pesticide safety concepts of the EPA poster. (See the “Oregon
OSHA Safety Checklist” section of this handbook for information on ordering
posters). The information is to be displayed in a central location on the farm
or in the nursery or greenhouse where it can be readily seen and read by
workers. The name, address, and telephone number of the nearest emergency
medical care facility must be on the safety poster or displayed close to the
safety poster. Oregon-OSHA has available a WPS safety poster specifically for
forest operations.
Safety training
All workers entering a treated area during the REI must be
trained prior to entry, see 40 CFR 170.112 (c) (5). All other workers entering
a treated area within 30 days of a pesticide application must be given basic
training at the time of hire and complete training by the fifth day of
employment.
Additional Oregon OSHA requirements include the following:
- Workers must be given the Safe Practices When Working Around
Hazardous Agricultural Chemicals brochure.
- Workers must be notified who to contact with concerns about
materials that may have been sprayed in the field.
An employee certified and licensed as an applicator of
restricted-use pesticides need not be trained further. General pesticide safety
information must be presented to workers either orally, in written material, or
audio-visually. The information must be presented in a manner that the workers
can understand (such as through a translator) using nontechnical terms. The
presenter must be able to respond to workers’ questions.
In addition to WPS training, Oregon OSHA’s hazard
communication training requirements must also be met. At the time of initial
assignment, the employer must provide effective training and information to
employees exposed to hazardous chemicals in their work area, for example handlers
and mechanics. Employers must provide training whenever a new hazard (e.g.,
chemical) is introduced. Training must include, but is not limited to the
following:
- Physical and health hazards of the chemicals
- Protective measures to be taken when using the chemicals
- Proper work practices, personal protective equipment, and
emergency procedure
- The employer’s Hazard Communication Program
Material Safety Data Sheets (MSDS)
Employers must ensure that Material Safety Data Sheets
(MSDS) are readily available for employees during all work shifts. Employees
are to be informed about the location of MSDSs for the hazardous materials in
their work areas and the employer’s procedures for accessing them.
Crop advisors
Certified or licensed crop advisors and those under the
direct supervision of crop advisors are exempt from WPS provisions except those
for pesticide safety training. Crop advisors overseeing pesticide applications
must convey the following information to employees: pesticide(s) applied, method
and time of application, REI, tasks to undertake, and how to contact the crop
advisor.
Decontamination
The agricultural employer must provide a decontamination
site for washing off pesticide residues. If any worker on an agricultural
establishment performs any activity in an area where, within the past 30 days,
a pesticide has been applied or a restricted-entry interval has been in effect,
and if the worker contacts anything that has been treated with a pesticide,
including, but not limited to, soil, water, or surfaces of plants, the
agricultural employer must provide workers with enough water for routine washing
and emergency eye flushing and sufficient quantities of soap and single use
towels. The employer must ensure that water is of a quality and temperature
that will not cause illness or injury when it contacts the skin or eyes or if
it is swallowed.
For emergency eye flushing, there must be at least one pint
of water immediately available to each worker who is performing early-entry
activities and for which the pesticide labeling requires protective eye wear.
The eye flush water must be carried by the early-entry worker, or be on the
vehicle the early-entry worker is using, or be otherwise immediately
accessible.
The decontamination site must be reasonably accessible and
not more than ¼ mile from where workers are working. For worker activities
performed more than ¼ mile from the nearest place of vehicular access, the
following are permissible:
- The soap, single-use towels, and water may be at the nearest
place of vehicular access.
- The agricultural employer may permit workers to use clean
water from springs, streams, lakes, or other sources for decontamination at the
remote work site, if such water is more accessible than the water at the
decontamination site located at the nearest place of vehicular access. The
decontamination site cannot be in an area being treated with pesticides.
For handlers, the decontamination site must be at the
mixing/loading site, as well as not more than ¼ mile from each handling
activity, and have in addition to soap, water, paper towels, a clean set of
coveralls.
Oregon OSHA requires an emergency eyewash capable of a 15
minute water supply for handlers when mixing or loading any product with
“Danger. Poison.” or “Danger. May cause irreversible eye damage.” appearing on
the label.
- Subdivision K, Medical/First Aid, OAR 437-004-1305(5)
Emergency eyewash and shower facilities, require eyewashes to be used where the
pesticide label specifies an emergency eyewash be provided when handling the
pesticide concentrate, as in mixing and loading activities.
- Subdivision W, Worker Protection Standard, §170.250
Decontamination, note states: OAR 437-004-1305(5) applies for all mixing or
loading work for pesticide product whose key alert word on the product label is
“danger” or “danger poison.”
- Common WPS violations cited by Oregon OSHA:
- 170.122(a) Pesticide application record not posted for
workers with the pesticide safety poster
- 170.122(c) Pesticide application record did not contain
items (1-4)
- 170.130(d)(1) WPS pesticide safety training for workers was
not given
- 170.122(c)(2) Pesticide application record did not include
EPA# and active ingredient
- 170.240(f)(1) PPE not cleaned according to manufacturer’s
specifications
- 170.135(a) Pesticide safety poster not displayed for workers
- 170.222(a) Pesticide application record not displayed for
handlers
- 170.230(c)(1) WPS pesticide safety training not provided to
handlers
- 170.240(a) Handlers did not have/wear PPE according to the
label
- 170.240(f)(7)(iii) Respirator cartridges not changed at the
end of the work shift
Technical assistance
Worker protection standards and hazard communication
Oregon Occupational Safety and Health Division 350 Winter St NE, Rm. 430 PO Box 14480 Salem, OR 97309-0405 Phone 503-378-3272 or
800-922-2689 Fax 503-947-7461 Web orosha.org
Pesticide regulatory questions
Oregon Department of Agriculture Pesticides Program 635 Capitol St NE Salem, OR 97301-2532 Phone 503-986-4635 Oregon Department of Agriculture enforces compliance with
label directions, including application, REI and PPE.
General WPS questions
US Environmental Protection Agency Pesticide Section, Region 10 Seattle, WA Phone 503-553-4768 or
800-424-4372
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