Improve compliance, avoid WPS fines

Periodically we hear of greenhouse business inspections by New York state’s pesticide regulatory authority. For more than 20 years the inspections have included a review of compliance with the federal Worker Protection Standard (WPS), sometimes with local sweeps by a squadron of inspectors brought in to specifically examine how growers are measuring up. Growers with violations have been cited and fined, then subject to follow-up inspections to gauge compliance. The lessons are sometimes painful and it’s probably fair to say it has taken a while for all of us – including the regulators – to learn what compliance means.

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Who does WPS apply to?

Those of us in academia and research are not exempt from the law and must also implement WPS at our site just as industry does, so I am writing from personal experience. If you are a greenhouse manager or owner, a labor contractor or a custom applicator (or crop consultant), WPS applies to you.

While most growers I know would prefer fewer regulations, I have learned that it is really not difficult to meet the requirements and we are finding ways to make it a simple process. It is meaningful for everyone to see that worker health and safety are high priorities for managers.

Compliance assistance

One way we have tried to make the learning process easy here on Long Island is through mock inspections. These are a lot less painful than a medical checkup and they’ve been handled in a positive way. We have a good working relationship with local regulators, who are eager to help growers with compliance, and also with our industry, which wants to avoid costly fines.

On several occasions we have arranged programs at a volunteering business where an inspector runs through a typical checklist of points normally covered during a visit. Copies of sample inspection and record forms are distributed, which have been helpful for reminding growers later where closer attention needs to be paid, especially since they cover more than just WPS compliance.

If you need assistance with compliance, consider setting up a similar program in your area. Perhaps you could work with your local or regional cooperative extension office or with a local or state grower association.

A mock inspection program may not be suitable to everyone. We are finding the programs very helpful and the growers involved have been quite receptive. We know it has improved compliance ratings.

Our regulators have been faithful in constructively using the exercise and participating growers are never penalized for “violations,” some of which we set up ahead of time for learning purposes.

WPS benefits

Most growers and workers are benefiting from some aspects of WPS already. For example, the greenhouse industry pays close attention to restricted-entry intervals on chemical labels (typically four, 12 or 24 hours). Pest control producers are very aware that growers often favor products with shorter REIs. It is certainly an important consideration that growers raise when consulting me on treatment options.

The REIs (when unprotected workers are again allowed into the greenhouse or field following a chemical application) can be found in the Agriculture Use Requirements box usually at the beginning of the label. If you can’t find this information on the label, the product is either really old or probably not intended or labeled for use on plants grown for sale. Note that there are additional special ventilation criteria that may not be on the label that apply to greenhouses, notably when the application is a smoke, aerosol, fog or mist.

Personal protective equipment

Among the points that need closer attention is personal protective equipment (PPE). This information appears in a specific section of the label. It serves as a guide to the kind of clothing, gloves or respirators that applicators, handlers and early-entry workers need to wear when working around pesticides.

New York inspectors have cited PPE violations when the wrong glove type (rubber and not nitrile or barrier laminate) or incorrect respiratory protection was provided. The inspectors seem to be scrutinizing equipment compliance more than ever. You can obtain the right kinds of PPE from many suppliers. Contact your local extension specialist for information.

Real-life PPE examples

The Conserve product label calls for applicators and other handlers to wear a long-sleeved shirt, long pants, shoes and socks.

Hexacide, an insecticide/miticide that can be used in organic production, adds protective eyewear and chemical-resistant (neoprene, nitrile or rubber) gloves.

The TriStar 30SG label specifies long-sleeved shirt, long pants, shoes, socks, waterproof gloves and (for overhead exposure) chemical-resistant headgear. Note that the labels also provide directions on handling or washing contaminated clothing and other PPE.

The Mesurol 75W label requires additional PPE, including protective eyewear and a specific type of respirator when applications are made in enclosed areas (such as greenhouses).

Stay on top of equipment needs

I mark the start date on cartridges and keep a log of use to make sure they are changed within the manufacturer’s limits. Note that in the Agriculture Use Requirements box on the labels, where you also find the REI information, there may be specific kinds of PPE required for early entry. This information may differ from the applicator and handler PPE.

More WPS information

You can find the latest WPS “How to Comply” manual and lots of information at http://www.epa.gov/agriculture/twor.html.

If you don’t have a computer or prefer not to read Web pages, you can get copies of the 130-page manual by ordering document number 52218, “How to Comply with the Worker Protection Standard,” from National Agriculture Compliance Assistance Center, 901 N. Fifth St., Kansas City, KS 66101; (888) 663-2155.

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- Dan Gilrein