Does the Federal Worker Protection Standard Regulation Apply to Me?

This regulation is from the U.S. Environmental Protection Agency (EPA) and was created to reduce the risk of injuries and illnesses for workers and handlers due to pesticide exposures during the production of agricultural plants at agricultural establishments. According to the EPA, agricultural establishments include farms, forests, nurseries, and enclosed space production facilities, such as greenhouses and more, as well as commercial applicators who are contracted to apply pesticides to agronomic crops, must comply with this regulation.

• Workers are employees who complete hand-labor tasks in pesticide-treated crop areas (e.g., harvesting, thinning, and pruning, among other tasks) but never actually handle the pesticides or the application equipment.
• Handlers are in direct contact with pesticides (e.g., mixing, loading, applying pesticides or working on application equipment).

The goal of the WPS regulation is to protect these employees. Protecting the workers and handlers at your establishment and reducing their risk of injuries and illnesses is good for your business.

According to the WPS, agricultural employers and commercial pesticide handler employers are required to provide specific information and protections to workers, handlers, and other persons when WPS-labeled pesticide products are used on agricultural establishments in the production of agricultural plants.

How do you know if you must comply with the WPS? Here are a few questions to consider. 

• Do you grow an agricultural crop?
• Do you apply pesticides to that crop? 
• Does that pesticide have an Agricultural Use Requirement Statement on it? This statement is listed on many pesticides used in agricultural production. It is found on the pesticide label under the 'Directions for Use' section.

If the pesticides you are using on your ag crop contain this statement you must comply with the WPS. Below is an example of this statement.

There are a couple of misconceptions about who must comply with this regulation; one concerns family-only operations, and the other is about organic production. Many people think family-only operations do not have to comply with the WPS. This is untrue and family-only operations must comply with the WPS. If an operation is run with family-only labor, growing an agricultural crop, and using a pesticide with an Agricultural Use Requirement statement on the label on those crops, then this operation must comply with the WPS. There are some exemptions for parts of the regulation but the WPS still applies to these types of operations.

The other misconception is about growers who use organic practices to grow agricultural crops. Just because your operation uses organic practices, this does not automatically exempt you from the WPS. If you are using any kind of pesticides, even if they are certified for use in organic production, on your crops, and they carry an Agricultural Use Requirement statement on them, you must comply with the Worker Protection Standard regulation. Go to your pesticide storage and look at the labels. You may be surprised. If even one of the products used on crops on your establishment has this statement you must follow the WPS.

Agricultural establishments covered by the WPS vary, some of these include growers of agronomic crops, forest operations or nurseries, produce operations, growers of ornamental plants among others, who employ workers or handlers, including outdoor or enclosed space production. The WPS applies to any agricultural establishment involved in growing, maintaining, or producing agricultural plants including but not limited to the following:

• Grains/hay
• Fruits and vegetables
• Wood fiber or timber products
• Flowering and foliage plants and trees; seedlings and transplants; and turf grass produced for sod for commercial and/or research or experimental purposes.
• Commercial production includes the production of plants for sale, trade or in-house use on the establishment or another facility.

You may not realize all the types of establishments that fall under the WPS. Consider this, if the establishment is growing plants that are meant to end up in someone else's possession/care and you use pesticides on those plants or hire someone to apply pesticides to those plants while in your care and that pesticide carries an Agricultural Use Statement then you must comply with the WPS. If you are a business in the green industry and you do not grow or maintain plants at your establishment, (e.g., landscapers) you likely do not need to comply with the WPS but would need to follow all OSHA regulations for worker safety and protection. If you are unsure, please reach out to us for assistance.

Complying with the WPS protects your employees, which is good for them, good for you and your establishment, and it is the law. If you have general questions about the WPS, what parts you are exempt from as a family-only operation, if your operation falls under WPS or OSHA, or if you are an organic operation and want to know if you need to follow the WPS, contact the Pennsylvania Rural Health Farm Worker Protection Safety Specialist at WPSProgram@psu.edu. Contact us to discuss the regulation, receive no-cost training materials and compliance documents, and schedule a visit to your establishment to discuss your WPS responsibilities.