WPS in Colorado
WPS Quick Links:
- Self-Inspection Checklist
- Key Definitions
- WPS Resources
- Laws & Regulations Factsheets
- Train-the-Trainer Workshop: Flyer and Registration Form
The Worker Protection Standard (WPS) was issued in 1992 by the U.S. Environmental Protection Agency (EPA). This regulation applies where pesticides are used in production of agricultural plants for commercial or research purposes on farms, forests, nurseries, greenhouses, and related structures. It covers pesticide applicators, mixer/loaders, disposers of pesticide containers, and those who may be exposed to a pesticide residue on the job. Both general-use and restricted-use pesticide applications are covered by WPS.
The regulations are exposure reduction measures that reduce the risk of pesticide poisonings and injuries among agricultural workers and pesticide handlers. WPS defines two groups of agricultural employees: agricultural workers and pesticide handlers (see Pesticide Fact Sheet: Federal Worker Protection Standards Definitions for definitions).
WPS requires that an owner of an agricultural establishment provide certain protections and information to workers. Specifically, WPS requires that agricultural establishments:
• train or verify training of handlers and workers
• provide notification of applications
• post specific information regarding applications at a central location
• post safety information at a central location
• provide decontamination supplies
• provide access to emergency medical assistance
• employer/commercial applicator information exchange
WPS is a very complex regulation. This web site is intended only as a general guide to some of the requirements under WPS. Omissions or oversights within these pages do not exempt people from complying with the standard. The complete WPS regulations are detailed in EPA’s The Worker Protections Standard for Agricultural Pesticides – How to Comply, What Employers Need to Know, EPA 735-B-93-001. Also, there are several WPS resources available on Pesticide Fact Sheet Federal Worker Protection Standard Resources . Even though an operation may be exempt from WPS, the standard outlines good safety practices for all individuals who use pesticides.
Pesticide products covered by WPS have the following statement in the “Directions for Use” section of the label:
"Agricultural Use Requirements – Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR Part 170. This standard contains requirements for the protection of agricultural workers on farms, forests, nurseries, and greenhouses, and handlers of agricultural pesticides. It contains requirements for training, decontamination, notification, and emergency assistance. It also contains specific instructions and exceptions pertaining to the statements on this label about personal protective equipment, notification of workers, and restricted-entry intervals."
Pesticides used on sod farms are covered by WPS.
Some pesticide uses are not covered by WPS, even when the Agricultural Use Requirements section is on the labeling. For example, if the pesticide labeling bears an Agricultural Use Requirements section, but the product also can be applied to rights-of-way, the rights-of-way use is not covered by WPS.
Employers using a pesticide product in the production of an agricultural plant or commodity with labeling that refers to WPS must comply. Otherwise, it is a violation of Federal law, since it is illegal to use a pesticide product in a manner inconsistent with its labeling.
WPS Enforcement and Penalties
In 2000, the U.S. General Accounting Office (GAO) published a report entitled Pesticides: Improvements Needed to ensure the Safety of Farmworkers and their Children. GOA was critical of WPS implementation and concluded that EPA Regions had been inconsistent in enforcing WPS. In response to the GAO Report, EPA has begun a nationwide reassessment of WPS, which includes examining the regulation itself, the implementation and effectiveness of its provisions, and the enforcement at the state level.
The implementation and enforcement of pesticide requirements, including WPS, are generally carried out by State Departments of Agriculture under cooperative agreements with EPA, except in Colorado and Wyoming. EPA has primary jurisdiction in Wyoming and partial primary jurisdiction in Colorado. In Colorado, the Department of Agriculture’s Pesticide Section (CDA) is charged with enforcing WPS regulations for commercial applicators. If a person is found to be in violation by CDA, the case may be referred to EPA Region 8 and EPA can levy a fine. EPA Region 8 inspectors are responsible for inspections of agricultural establishments (usually also a private applicator). Part of the inspection process will also include interviews of workers. Questions, such as “Were you trained?” or “How were you trained?” and “Where is the central location?” are likely to be asked. In addition, employers who fail to provide WPS protections for employees may be liable in civil court.
In 2001 and 2002, EPA Region 8 inspected a number of greenhouses, nurseries, and farms specifically to assess compliance with WPS. Overall, the rate of compliance was extremely low. The most common violations include failure to:
assure training,
post application information in a central location, and
post safety poster and emergency information in a central location.
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires that a private applicator receive a Notice of Warning prior to be being assessed a penalty. Subsequent to receiving a Notice of Warning, a private applicator can be assessed a civil penalty of up to $1,100 per violation. In determining the size of any penalty, EPA considers the size of business of the person charged, the effect on the person’s ability to continue in business and the gravity of the violation.
As most of you know, EPA has begun issuing civil penalties for violations of WPS by private applicators and agricultural establishments. Additional rounds of compliance inspections are, and have been occurring this season. Even if agricultural establishments do not use RESTRICTED USE pesticides, they can be inspected if using general use pesticides on crops. Any farm, nursery, greenhouse, or forest block where pesticides are used in the production of agricultural plants and commodities are subject to inspections. Everyone should be prepared and in compliance. Agricultural operations that have a number of employees, including those with migrant workers, will be prime candidates for inspections.
A checklist designed for owners of an agricultural establishment (farm, forest, nursery or greenhouse) who would like to self-evaluate their compliance with WPS has been developed by CEPEP, and is available here.
For more information:
Contact the National Agriculture Compliance Center:
toll free @ 1-800-663-2155 or via the Internet.
or contact:
U.S. Environmental Protection Agency, Region 8
Toxic Substances Branch (8ART-TS)
One Denver Place, Suite 500
999 18th St.
Denver, CO 80202-2405
(303) 293-1730
You need to comply because it is the law, but that is not the only reason. When violations are publicized (whether injury has occurred or not) some people think that the answer is to further limit the use of pesticides. By practicing pesticide safety we protect not only ourselves, our workers, and the environment against pesticides, we also safeguard the use of these chemicals in agriculture. WPS outlines good safety practices for all individuals who use pesticides. Even if compliance is not required, consider using WPS as a guide to develop your own safe practices and habits. CEPEP Fact Sheet: Federal Worker Protection Standards Self Inspection Checklist provides a WPS self-inspection checklist for agricultural establishments.
And remember, the label is the law. Always read the label and follow precautionary statements carefully.
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