CHAPTER
Pes 1100 WORKER
PROTECTION
Statutory
Authority: RSA 430:31, IV
PART Pes 1101 SCOPE AND PURPOSE
Pes 1101.01 Purpose. The purpose of this chapter is to provide for
implementation and enforcement of the "Worker Protection Standard," 40
CFR Part 170, which has been adopted by the U.S. Environmental Protection
Agency as a mandatory part of all pesticide labeling of agricultural
pesticides.
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13; ss by #12173, eff 5-10-17
Pes 1101.02 Scope and Applicability. This chapter shall apply to all agricultural
employers and handler employers using pesticides whose labels incorporate the
"Worker Protection Standard" by reference, and to all persons who
are, or seek to become, qualified pesticide safety trainers.
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13; ss by #12173, eff 5-10-17
PART Pes 1102 DEFINITIONS
Pes 1102.01 "Agricultural employer"
means any person who hires or contracts for the services of workers, for any type
of compensation, to perform activities related to the production of an
agricultural plant, or any person who is an owner of or is responsible for the
management or condition of an agricultural establishment that uses such
workers.
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13; ss by #12173, eff 5-10-17
Pes 1102.02 "Agricultural establishment"
means any farm, forest, nursery, or greenhouse, as these terms are defined in
the "Worker Protection Standard," 40 CFR Part 170.
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13; ss by #12173, eff 5-10-17
Pes 1102.03 "Agricultural
plant" means any plant grown or maintained for commercial or research
purposes and includes, but is not limited to:
(a) Food, feed, and fiber plants;
(b) Trees;
(c) Turfgrass;
(d) Flowers or shrubs;
(e) Ornamentals; and
(f) Seedlings.
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13; ss by #12173, eff 5-10-17
Pes 1102.04 "Early entry" means entry by
a worker into a treated area on the agricultural establishment after a
pesticide application is complete, but before any restricted-entry interval for
the pesticide has expired.
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13; ss by #12173, eff 5-10-17
Pes 1102.05 "Handler"
means any person, including a self-employed person:
(a) Who is employed for any type of compensation
by an agricultural establishment or commercial pesticide handling
establishment; and
(b) Who is performing any task involving handling
of pesticides, such as:
(1) Mixing,
loading, transferring, or applying pesticides;
(2) Disposing of
pesticides or pesticide containers;
(3) Handling
open containers of pesticides, except that any person who is only handling
pesticide containers that have been emptied or cleaned according to pesticide
product labeling instructions or, in the absence of such instructions, have
been subjected to triple-rinsing or its equivalent, is not a handler;
(4) Acting as a
flagger;
(5) Cleaning,
adjusting, handling, or repairing the parts of mixing, loading, or application
equipment that might contain pesticide residues;
(6) Assisting
in the application of pesticides; or
(7) Performing
any other task as specified in the "Worker Protection Standard" that
would cause that person to handle pesticides or pesticide containers or enter
an area that is being treated with pesticides or that is still under the
restricted entry interval, including, but not limited to:
a.
Entering a greenhouse after
the application of pesticides and before inhalation exposure levels pursuant to
the "Worker Protection Standard" have been reached; and
b.
Entering a treated area
outdoors after application of any soil fumigant to adjust or remove soil
coverings such as tarpaulins.
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13; ss by #12173, eff 5-10-17
Pes 1102.06 "Handler employer" means any
person who is self-employed as a handler or who employs any handler, for any
type of compensation.
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13; ss by #12173, eff 5-10-17
Pes 1102.07 "Qualified pesticide safety
trainer" means a certified pesticide applicator who has been designated by
the division, pursuant to Pes 1103.04, as being
knowledgeable in the “Worker Protection Standard” and competent to train
workers and handlers in safe working practices involving pesticides.
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13; ss by #12173, eff 5-10-17
Pes 1102.08 "Restricted-entry interval"
means the time after the end of a pesticide application during which entry into
the treated area is restricted.
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-33; ss by #12173, eff 5-10-17
Pes 1102.09 "Use of a pesticide" means,
for the purposes of the “Worker Protection Standard”:
(a) Use in accordance with labeling instructions
pursuant to Pes 502.01;
(b) Preapplication
activities, including but not limited to:
(1) Making necessary preparations for the application
of pesticides to an agricultural establishment, including responsibilities
related to:
a.
Worker notification;
b.
Training of handlers;
c.
Decontamination;
d.
Use and care of personal
protective equipment;
e.
Emergency information; and
f.
Heat stress management; and
(2) Mixing and
loading pesticide;
(c) Application of pesticides;
(d) Post application activities necessary to
reduce the risks of injury resulting from handlers' and workers' occupational
exposures to pesticide residues during the restricted-entry interval plus 30
days, including responsibilities related to worker training, notification, and
decontamination; and
(e) Other pesticide-related activities, including
but not limited to:
(1) Provision
of emergency assistance;
(2)
Transportation or storage of opened pesticide containers; and
(3) Disposal of
excess pesticides, spray mix, equipment, wash water, pesticide containers, and
other pesticide containing material.
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13; ss by #12173, eff 5-10-17 (from Pes
1102.10)
Pes 1102.10 "Worker"
means any person, including a self-employed person, who is employed for any
type of compensation and who is performing activities specified under the
"Worker Protection Standard," related to the production of
agricultural plants on any agricultural establishment.
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13; ss by #12173, eff 5-10-17 (from Pes
1102.11)
Pes 1102.11
"Worker Protection Standard" means the U.S. Environmental Protection
Agency "Worker Protection Standard," 40 CFR Part 170.
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13; ss by #12173, eff 5-10-17 (formerly Pes
1102.12)
PART Pes 1103 PESTICIDE SAFETY TRAINING
Pes 1103.01 Agricultural Employer
Responsibilities. Each agricultural
employer shall assure that each worker and early-entry worker has been trained
in accordance with the provisions of the "Worker Protection
Standard," and the requirements of Pes 1100.
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13; ss by #12173, eff 5-10-17
Pes 1103.02 Handler Employer
Responsibilities. Each handler
employer shall ensure that each handler, prior to performing any handling
tasks, has been trained in accordance with the provisions of the "Worker
Protection Standard," and the requirements of Pes
1100.
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13; ss by #12173, eff 5-10-17
Pes 1103.03 Proof of Worker and Handler
Training. A worker or handler shall
be considered trained if the worker or handler has been trained in accordance
with the provisions of the "Worker Protection Standard" by a
qualified pesticide safety trainer who maintains a record of training in
accordance with the provisions of Pes 1103.05.
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #10333, eff 5-10-13; ss by #12173, eff 5-10-17
Pes 1103.04 Requirements
for Becoming a Qualified Pesticide Safety Trainer.
(a) Any person desiring to become a qualified
pesticide safety trainer shall pass an examination prepared and administered by
the division, testing the applicant's knowledge of the "Worker Protection
Standard."
(b) In addition, such persons shall be qualified
as one of the following:
(1) A private
applicator who holds a restricted use permit as evidence of having met the
competency requirements specified in Pes 305.06;
(2) A
commercial applicator who is registered in at least one of the following
categories or subcategories as established in Pes
302.01:
a.
Agricultural Pest
Control-Fruit (A1);
b.
Agricultural Pest
Control-Herbicides (A2);
c.
Agricultural Pest
Control-Field Crops (A3);
d.
Forest Pest Control (C);
and
e.
Any other category under
which pesticides are applied commercially on an agricultural establishment,
including but not limited to:
1. Shade and
Ornamental Pest Control (G1) where a commercial application is made on a nursery
in the production of ornamental trees, shrubs, or flowers; and
2. Turf (G2)
where a commercial application is made on an agricultural establishment in the
production of sod; or
(3) A commercial
applicator not for hire, who is registered, pursuant to Pes
302.01(j), in Category (H) "Demonstration and Research Pest Control,"
and has met the standards of competency in one or more of the categories or
subcategories listed in Pes 1103.04(b)(2).
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
amd by #6944, eff 2-24-99; ss by #8131, eff 8-13-04; ss
by #10333, eff 5-10-13; ss by #12173, eff 5-10-17
Pes 1103.05 Record Keeping by Qualified
Safety Trainer.
(a) In order to verify that training has been
provided pursuant to Pes 1103.03, the agricultural
employer or handler employer shall maintain on the agricultural establishment,
for 2 years from the date of training,
a record for each worker or handler trained.
(b) The training records shall include the
following information:
(1) Printed name and signature of the person who
received training;
(2)
Identification number as assigned or specified by the qualified
pesticide safety trainer of the person who has been trained;
(3) Date of
training;
(4) Address of
location where training was given;
(5) The type of
training, either handler or worker, that was given;
(6) Name and
certification number of the person who did the training;
(7) Method of
training and EPA approved training materials used;
(8) Statement
signed by the trainer with the printed name of the trainer next to the
signature that all training was done in accordance with the provisions of the
"Worker Protection Standard;" and
(9) The
agricultural employer or handler employer’s name.
(c) Records maintained under this section as
validation that training has been provided shall be made available by the agricultural
employer or handler employer to the division upon request pursuant to the
provisions of RSA 430:43.
(d) A copy of the records maintained under this
section shall be made available upon request by the agricultural employer or
handler employer to the individual that was trained.
Source. #6047, eff 6-3-95; ss by #6316, eff 8-13-96;
ss by #8131, eff 8-13-04; ss by #9712-B, eff 5-11-10, ss
by #10333, eff 5-10-13; ss by #12173, eff 5-10-17
APPENDIX
Provision of the Proposed Rule |
Specific State Statute which the Rule is Intended
to Implement |
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Pes 1100 |
RSA 430:31, IV(a) |
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