Federal Worker Protection Standard
About 5 of every 50 questions on a National core practice exam come from this topic.
Sources checked
What to know
The federal WPS does not apply to uses not tied to producing agricultural plants, such as structural pest control, to government mosquito abatement, or to pasture not cut for hay. Handlers and early-entry workers must be 18, and only handler-trained workers may adjust application equipment. Application and hazard information is displayed within 24 hours after an application ends and kept two years after the REI expires; a designated representative's request is answered within 15 days. Workers need training within 12 months before tasks where pesticides were used within 30 days. The application exclusion zone is 100 feet for fine sprays, 25 feet for medium or larger droplets released above 12 inches, and none for other methods; owners' immediate family may stay inside closed buildings, and since the 2024 rule handlers suspend whenever anyone is in the AEZ, on or off the farm. Greenhouse REIs over four hours require posting; 14-by-16-inch signs with the hand-and-face symbol go up no earlier than 24 hours before and come down within three days after the REI, and workers stay out until signs are removed. Workers get 1 gallon of water each within 1/4 mile, for 30 days (7 for REIs of four hours or less). Short-term early entry is one hour a day and never in the first four hours; limited-contact entry is eight hours. Certified applicators skip handler training; respirator users get fit testing, training and a medical evaluation; drenched DANGER or WARNING PPE is not reused; family farms protect non-family employees.
Where it comes from
- 40 CFR §§ 170.303, 170.309, 170.311, 170.315
- 40 CFR §§ 170.401, 170.405, 170.407
- 40 CFR §§ 170.409, 170.411
- 40 CFR §§ 170.501, 170.505, 170.507
- 40 CFR §§ 170.601, 170.603, 170.605, 170.607
- EPA, WPS Application Exclusion Zone
Try a practice question
A pest control firm treats a farm's equipment shed for termites with a product whose label requires WPS compliance. Under 40 CFR 170.303(b), does the federal Worker Protection Standard apply to this application?
- ANo, but only if the firm's applicator is certified
- BNo; use not directly tied to producing agricultural plants is excluded
- CYes, because the product label refers to the WPS
- DYes; every application made anywhere on a farm is covered by the WPS
Show the answer
No; use not directly tied to producing agricultural plants is excluded. Part 170 does not apply to uses not directly related to producing agricultural plants, which includes structural pest control, even on a farm.
40 CFR § 170.303(b)(8)