On September 28, 2015, EPA finalized extensive revisions to its Worker Protection Standards (WPS) under FIFRA, the first major change to these regulations since 1992. EPA stated its proposal was necessary to reduce the incidence of preventable occupational pesticide exposure and pesticide-related acute and chronic illnesses among agricultural workers (workers) and pesticide handlers (handlers). There were several concerns with the revisions, on which NAAA commented concerns with:
- Requiring a 100-foot aerial entry restriction area around fields at the time of application regardless of wind direction;
- Requirements for exchanged communication by an applicator to the farmer within two hours of any programmatic changes to the application;
NAAA also worked with the U.S. Small Business Administration’s (SBA) Office of Advocacy (Advocacy) on their comments on the WPS. When the rule was finalized, several of the concerns NAAA had expressed in comments had been corrected.
Major Provisions of Final WPS
- Annual mandatory training to inform farmworkers on the required protections afforded to them.
- Children under 18 are prohibited from handling pesticides; exemption for farm owners and their immediate families with an expanded definition of “immediate family.”
- Expanded mandatory posting of no-entry signs for the most hazardous pesticides.
- Requirement to provide more than one way for farmworkers and their representatives to gain access to pesticide application information and safety data sheets – centrally-posted, or by requesting records.
- Records of application-specific pesticide information, as well as farmworker training, must be kept for two years.
- Anti-retaliation provisions are comparable to Department of Labor’s (DOL).
- Changes in personal protective equipment will be consistent with DOL’s standards for ensuring respirators are effective, including fit test, medical evaluation and training.
- Specific amounts of water to be used for routine washing, emergency eye flushing systems and other decontamination, for handlers at pesticide mixing/loading sites.
- The Application Exclusion Zone (AEZ) – a circular area around the sprayer that moves with the sprayer. If someone enters the AEZ, then the pesticide applicator is required to stop the application.
- The 2015 draft AEZ rule required applications to be suspended when any persons enter the AEZ (100-foot radius for aerial applications), even if they are outside the property being treated.
- The final rule was released in 2020 and removed AEZ applicability outside the boundary of the property being treated as well as clarifying when applications can resume based on comments from NAAA and other ag groups.
- Following the publication of the final rule, EPA was sued in two separate cases over the changes to the AEZ; the 2020 revision was stayed by court action.
- In March 2023, based on the lawsuits, EPA released a reconsideration that reverted back to the original 2015 requirements; NAAA opposed using same arguments from 2015 and also arguing AEZ should be based on wind direction.
- In September 2024, EPA finalized the AEZ rule, reverting the AEZ to as it was originally established in 2015 which includes the following provisions:
- When any person(s) enters the AEZ, the pesticide applicator must immediately suspend the application.
- The AEZ extends beyond the boundaries of the agricultural establishment – it doesn’t matter whose property the person(s) is on, the application must be suspended
- The AEZ also includes all easements on the establishment (for example, easements for utility workers to access telephone lines).
- The AEZ distance for aerial applications is 100 feet regardless of droplet size or wind direction.
- Farm owners and immediate family members are exempt provided they are within an enclosed building during the application
- The application cannot be resumed until the person(s) has left the AEZ.
- These reduced exposure values will be favorable to aerial application when EPA conducts occupational health risk assessments.
Occupational Pesticide Handler Exposure Data
In May 2021 EPA updated the Occupational Pesticide Handler Exposure Calculator and Occupational Pesticide Post-Application Exposure Calculator with new data:
- Include new exposure estimates from Agricultural Handler Exposure Task Force (AHETF) for dermal and inhalation exposure for workers using closed systems
- The more accurate data showed reduced exposures for dermal and inhalation exposures for both liquid and dry formulations.
In 2025 NAAA assisted Unmanned Aerial Pesticide Application System Task Force (UAPASTF) with a survey of part 137 UAS operators to assess exposure risks for UAS handlers, pilots, and mixer-loaders.