Worker Protection Standard > Does it Apply?

Does WPS Apply to You?

The Worker Protection Standard only applies in agricultural production areas where WPS-labeled pesticides were used in the last 30 days (or so)... and it only applies to workers doing activities related to production of the crop. This is complex! Let us take you through it, step-by-step.

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WPS Questionnaire

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Doesn’t Apply

Do you work on an agricultural establishment, even part of the time?

Not sure?

Answer Yes, if you work in

  • Food/oil crops, turf, and forest products
  • Ornamental plants like flowers and shade trees
  • Organic operations
  • Greenhouses, mushroom houses, and warehouse production facilities

Answer No:

  • If you only store or transport agricultural plants

View FAQs

Does your establishment use pesticide products on those plants that contain the label below?”

AGRICULTURAL USE REQUIREMENTS

Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CF part 170. This Standard contains requirements for the protection of agricultural workers on farms, forests, nurseries, and greenhouses, and handlers of agricultural pesticides. It contains requirements for training, decontamination, notification, and emergency assistance. It also contains specific instructions and exceptions pertaining to the statements on this label about personal protective equipment (PPE), and restricted-entry interval. The requirements in this box only apply to uses of this product that are covered by the Worker Protection Standard.

Do not enter or allow worker entry into treated areas during the restricted entry interval (REI) of 24 hours.

PPE required for early entry to treated areas that is permitted under the Worker Protection Standard and that involves contact with anything that has been treated such as plants, soil or water, is coveralls over long-sleeved shirt and long pants, socks, shoes, chemical resistant gloves such as barrier laminate, butyl rubber ≥ 14 mils, nitrile rubber ¿ 14 mils, or neoprene rubber ≥ 14 mils, and protective eye wear.

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Note:

Even products used in organic settings may use include "AGRICULTURAL USE REQUIREMENTS" on their labeling.

Pesticide Examples:

  • herbicides
  • insecticides
  • fungicides...etc

Are you sure?

In addition to farms and forest operations, agricultural establishments also include:

  • Nurseries, garden centers or other similar operations where nursery and ornamental bedding plants are maintained for sale (retail or wholesale).
  • Dairy farms that produce hay for feed for their cattle.
  • Golf course establishments that also produce sod and/or ornamentals in one area on their facility/establishment for transplanting into the golf course portion of the facility.
  • Public park operations/facilities and/or privately-held ornamental garden operations/facilities that produce ornamental plants in one area on their establishment for transplanting into the permanent park or ornamental planting portion of the facility.
  • Theme park operations (e.g., Disney World, Universal Studios, Sea World, etc.), hotels, and/or other entertainment operations that produce ornamental plants in one area on their establishment for transplanting into the permanent theme park grounds or ornamental planting portions of the facility.
  • Prisons that have "prison farms" where agricultural plants are produced and the prisoners are employed as workers and handlers.
  • University extension agricultural research facilities that conduct research on agricultural plants.
  • Educational classes or vocational agriculture programs where agricultural plants are produced as part of a class or program, students act as workers and/or handlers, and students receive monetary compensation such as a stipend, or free or reduced tuition.
  • Pine straw harvesting/production operations.
  • Government owned or managed agricultural operations.


With this new information, do you work in the production or maintenance of agricultural plants?

More information about agricultural establishments.

In addition to farms and forest operations, ag. establishments also include:

  • Nurseries, garden centers or other similar operations where nursery and ornamental bedding plants are maintained for sale (retail or wholesale).
  • Dairy farms that produce hay for feed for their cattle.
  • Golf course establishments that also produce sod and/or ornamentals in one area on their facility/establishment for transplanting into the golf course portion of the facility.
  • Public park operations/facilities and/or privately-held ornamental garden operations/facilities that produce ornamental plants in one area on their establishment for transplanting into the permanent park or ornamental planting portion of the facility.
  • Theme park operations (e.g., Disney World, Universal Studios, Sea World, etc.), hotels, and/or other entertainment operations that produce ornamental plants in one area on their establishment for transplanting into the permanent theme park grounds or ornamental planting portions of the facility.
  • Prisons that have "prison farms" where agricultural plants are produced and the prisoners are employed as workers and handlers.
  • University extension agricultural research facilities that conduct research on agricultural plants.
  • Educational classes or vocational agriculture programs where agricultural plants are produced as part of a class or program, students act as workers and/or handlers, and students receive monetary compensation such as a stipend, or free or reduced tuition.
  • Pine straw harvesting/production operations.
  • Government owned or managed agricultural operations.

With this new information, do you work in the production or maintenance of agricultural plants?

You work in a WPS establishment.

Is your paid work directly related to the production or maintenance of agricultural plants?

Not sure?

It sounds like the Worker Protection Standard (WPS) applies on the establishment where you work. It only applies to you if you are paid to perform activities that are directly related to the production and/or maintenance of the agricultural plants.

Directly Related:

  • Harvesting
  • Thinning
  • Hand-weeding
  • Pest-scouting
  • Pruning
  • Planting
  • Preparing sites/media for planting
  • Carrying nursery stock
  • Watering

Not Directly Related:

  • Delivering materials to the establishment
  • Buying pesticides or application equipment
  • Carrying/moving pesticide containers that have never been opened
  • Post-harvest handling of agricultural products outside the treated area(s)
  • Caring for livestock
  • Using herbicides in non-agricultural areas like roadsides and parking lots
  • Performing pest control activities in offices/buildings that are not used for agricultural production
  • Performing government-sponsored pest control campaign activities such as mosquito abatement and regional eradication efforts (i.e., Mediterranean fruit fly)
  • Beekeeping activities
  • Fire-fighting activities (unless fires are planned)

Let's be sure.

You answered "No" to the use of Agricultural Use pesticide products. It's important to make sure that's correct.

  • The term "pesticide" includes herbicides, fungicides, insecticides, bacteriocides, rodenticides, and other products intended to kill, mitigate, or repel pests.
  • Both general-use pesticides and restricted-use pesticides are covered by the WPS.
  • Pesticide products used organic (link to Organic FAQ doc) settings are considered pesticides.
  • Even natural products like sulfur and Bacillus thuringiensis (Bt) are considered pesticides. When these products are used in agriculture, the WPS usually applies.

Are pesticides used on the establishment that include "AGRICULTURAL USE REQUIREMENTS"?

Find more information:

This is an important question. You need to know about the pesticide products in order to determine if the WPS applies to you. If you don't know how to access the labels, ask your supervisor or the establishment operator about the pesticide products that are used. Examine the pesticide products used on the agricultural establishment. Search for the "AGRICULTURAL USE REQUIREMENTS" on each pesticide label and read that section carefully.

  • There may be several different labels/products with the same name. Read the label every time.
  • Labels for the same product may change over time when requirements change.
  • Each registered pesticide product has an EPA Registration Number (EPA Reg. No.). It's a unique identifier that can be used to match-up pesticide products with their safety data sheets, different label versions, and alternative brand-names.
  • If you have the product's EPA Registration number in your records, but you don't have the label on-hand, you can look up the product label in NPRO or EPA PPLS
  • Agricultural-use pesticide labels refer to the Worker Protection Standard (WPS) in 40 CFR 170. When applicable, this makes the whole Worker Protection Standard a part of the label requirements.

If you have questions, contact the agency in your state responsible for regulating pesticides.

Are pesticides used on the establishment that include "AGRICULTURAL USE REQUIREMENTS."?

Let's make sure:

Have you read the definition of an agricultural establishment?

An agricultural establishment is defined as any farm, forest operation, or nursery engaged in the outdoor or enclosed space production of agricultural plants. An establishment that is not primarily agricultural is an agricultural establishment if it produces agricultural plants for transplant or use (in part or their entirety) in another location instead of purchasing the agricultural plants.

Do you ever work (for money) on an agricultural establishment?

Ask the experts in your state

When in doubt, reach out to the regulators that know the regulation best. In most states, the state Department of Agriculture is responsible. In tribal territory, it varies.

WPS Does Not Apply

The Worker Protection Standard (WPS) applies to paid workers in agriculture and forestry. It appears it doesn't apply to you in your current situation. Check again if your situation changes.

In and out of agriculture, the EPA requires testing, certification, and continuing education for licensed pesticide applicators. A license is required to buy or use restricted-use pesticides. Those requirements are changing because new final rules were announced on December 12, 2016.

Learn more

 

Are You Sure?

The Worker Protection Standard (WPS) applies to paid workers in Food/oil crops, turf, and forest products, ornamental plants, organic operations greenhouses, mushroom houses, and warehouse production facilities.

Read Full List of Inclusions

The WPS Applies To You

Based on your answers, it looks like the Worker Protection Standard does apply to you.

Regulatory Guidance

Browse brief guides about protections for workers and handlers, the AEZ, posting, PPE, exemptions, training, respirators, and more, in English and Spanish.

View Regulatory Guidance
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