Worker Protection Standard

The Worker Protection Standard is a regulation issued by the U.S. Environmental Protection Agency. It covers pesticides that are used in the production of agricultural plants on farms, forests, nurseries and greenhouses. The Worker Protection Standard requires you to take steps to reduce the risk of pesticide-related illness and injury if you: (1) use such pesticides, or (2) employ workers (people involved in the production of agricultural plants) or pesticide handlers (people mixing, loading, or applying pesticides, or doing other tasks involving direct contact with pesticides) who are exposed to such pesticides. If you have questions regarding the Worker Protection Standard, please call us at (785) 296-3786.

If you are an agricultural pesticide user and/or an employer of agricultural workers or pesticide handlers, the Worker Protection Standard requires you to provide the following to your employees and, in some cases, to yourself and others:

  • Information about exposure to pesticides.
  • Protection against exposure to pesticides.
  • Ways to mitigate exposure to pesticides.
  • No retaliation.

Information
To ensure that employees are informed about exposure to pesticides, the Worker Protection Standard requires:

  • Pesticide safety training for workers and handlers.
  • Pesticide safety poster to be displayed where it can be seen by workers and handlers.
  • Access to labeling information for pesticide handlers and early-entry workers, and
  • Access to specific information in a centrally located application list of pesticide treatments on the establishment.

Protection
To ensure that employees will be protected from potential exposures to pesticides, the Worker Protection Standard requires employers to:

  • Prohibit handlers from applying a pesticide in a way that will expose workers or other persons.
  • Exclude workers from areas being treated with pesticides.
  • Exclude workers from areas that remain under a restricted entry interval (REI), with narrow exceptions.
  • Protect early-entry workers who are performing permitted tasks in treated areas during an REI -- requirements include special instructions and duties related to correct use of personal protective equipment (PPE).
  • Notify workers about treated areas so they can avoid inadvertent exposures.
  • Protect handlers during handling tasks. Requirements include monitoring while handling highly toxic pesticides and duties related to correct use of PPE.

Mitigation
To mitigate pesticide exposures that employees receive, the Worker Protection Standard requires:

  • Decontamination sites: Provide handlers and workers an ample supply of water, soap and towels for routine washing and emergency decontamination.
  • Emergency assistance: Make transportation to a medical care facility available if an agricultural worker or handler may have been poisoned or injured by a pesticide, and provide information about the pesticide(s) to which the person may have been exposed.

No Retaliation
Retaliation against a worker in response to attempts to comply with the provisions of Worker Protection Standard is strictly prohibited.

Terms You Need To Know
These definitions will help you determine whether you are affected by the Worker Protection Standard.

  • Agricultural Plants: Plants grown or maintained for commercial or research purposes. Examples: food, feed and fiber plants, trees, turf grass, flowers, shrubs, ornamentals and seedlings.
  • Farms: Operations, other than nurseries or forests, that produce agricultural plants outdoors.
  • Forests: Operations that produce agricultural plants outdoors for wood fiber or timber products.
  • Greenhouses: Operations that produce agricultural plants indoors in an area that is enclosed with nonporous covering and is large enough to allow a person to enter. Examples: polyhouses, mushroom houses and caves, and rhubarb houses, as well as traditional greenhouses. Not included are malls, atriums, conservatories, arboretums and office buildings that grow or maintain plants primarily for decorative or environmental benefits.
  • Nurseries: Operations that produce agricultural plants outdoors for transplanting to another location, or flower or fern cuttings. Examples: flowering and foliage plants or trees; tree seedlings; live Christmas trees; vegetable, fruit and ornamental transplants; and turf grass produced for sod.

The Kansas Department of Agriculture's worker protection standards contact can be reached at (785) 296-3786.