The EPA recently announced it will initiate a rulemaking process to revise certain aspects of the Worker Protection Standard (WPS) and the Certification and Training (C&T) Rule. The EPA expects to publish a Notice of Proposed Rulemaking to solicit public input on proposed revisions to the WPS requirements for minimum age, designated representatives and application exclusion zones. In regard to C&T, the EPA expects to publish a Notice of Proposed Rulemaking to solicit public input to revise the minimum age requirements. For both WPS and C&T, Notices of Proposed Rulemaking are expected by the end of FY2018.

The EPA revised the WPS on Nov. 2, 2015. Most of these revisions became effective on Jan. 2, 2017; the remainder go into effect on Jan. 2, 2018. The effective date for the new C&T Rules has been extended to May 22, 2018. The EPA does not intend to extend the implementation or compliance dates for either WPS or C&T despite the revision process.

For the three WPS requirements being revised, the first relates to the minimum age for being a pesticide handler. The 2015 revision prohibits anyone under the age of 18 working for a commercial applicator from being a pesticide handler or doing any kind of early-entry work during the restricted-entry interval. A pesticide handler is defined in the WPS as any employee who does any of the following pesticide related activities: handling, mixing, loading, cleaning, transferring, applying, disposing, acting as a flagger, adjusting or repairing equipment used for pesticides, performing tasks as a crop advisor during application or REI. Relatives may be hired as pesticide handlers if they are 16 years or older for non-commercial applicators.

The C&T requirement being considered for revision is related to the WPS rule on the age restriction. The current C&T Rule establishes a minimum age of 18 for private and commercial pesticide applicators. It also establishes a minimum age of 18 for noncertified applicators working under the direct supervision of a certified applicator. The only exception was for a minimum age of 16 for noncertified applicators working under the supervision of a certified private applicator who is a member of their immediate family. NAAA petitioned the Trump Administration to amend the rules to allow commercial applicators to hire workers under 18 years of age if they are properly certified.

The second WPS requirement up for revision deals with the designated representatives. The 2015 WPS required agricultural employers to provide pesticide application information and safety data sheets to a designated representative of a worker or handler. The representative had to be designated in writing by the worker or handler. This requirement to provide pesticide related information to the designated representative was in addition to the requirement that this information be provided to workers, handlers and medical personnel. Concern arose among the applicator community, including NAAA, that this designated representative situation might be abused by labor activists in an attempt to disgruntle farm employers, and hence should be adjusted.

The third WPS requirement up for revision is the application exclusion zone (AEZ). The AEZ was intended to be “buffer zone” that traveled with the application equipment, as opposed to a traditional buffer zone that is related to the field boundaries. If any person, whether they had anything to do with the application or not, entered the zone, the applicator would be required to cease applications until the person was clear of the AEZ. Aerial applications would be required to maintain a 100-foot AEZ if the requirement is not revised regardless of wind direction and the intention of people intentionally attempting to prevent an application.