Employers must comply with several sets of federal environment, safety and health laws and regulations. OSHA has outlined where federal pesticide labeling requirements end and where hazard communication requirements begin and where the two overlap.
In a 2018 report, the EPA’s Office of Inspector General (OIG) said it found flaws in how the Agency’s Office of Pesticide Programs (OPP) managed the pesticide emergency exemption process authorized by Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Specifically, the OIG said the OPP does not use emergency exemption data […]
In its Fall 2018 Regulatory Agenda, the EPA announced that it plans to finalize by December 2018 a May 2016 proposal intended to update regulations governing the Clean Water Act’s (CWA) National Pollutant Discharge Elimination System (NPDES).
The U.S. Court of Appeals for the 9th Circuit ran out of patience with the EPA’s conflicting positions on the pesticide chlorpyrifos and ordered the Agency to revoke all food tolerances and cancel all registrations for the chemical within 60 days of the court’s August 9, 2018, opinion (League of United Latin American Citizens, et […]
In its revisions to the Worker Protection Standard ((WPS), November 2, 2015, Federal Register (FR)), the EPA introduced a new term—application exclusion zone (AEZ). AEZ replaced entry restricted area, a phrase included in the Agency’s proposal under which people other than approved pesticide handlers were prohibited from entering both outdoor areas treated with pesticides and […]
Beginning January 1, 2019, employers with employees who apply pesticides by spray to agricultural fields in Oregon will be subject to state rules to protect agricultural workers, the pesticide applicators, and others, including the families of these workers. The rules parallel those in EPA’s Worker Protection Standard (WPS) but, according to Oregon OSHA, are more […]
After being hit with two lawsuits that claimed it was unlawfully delaying a key training requirement in its 2015 revisions to the Worker Protection Standard ((WPS), November 2, 2015, Federal Register (FR)), the EPA announced that it intends to change its position, thereby—and tentatively, at least—conceding to the demands of the plaintiffs.
The EPA is facing double-barrel lawsuits—one barrel from the attorneys general of three states, the second from five farmworker advocacy groups—over the Agency’s delay in making it mandatory for farmworker employers to train their employees about the contents of the Agency’s 2015 revisions to the Worker Protection Standard ((WPS), November 2, 2015, Federal Register (FR)). […]
Inclusion of first-aid statements on pesticide labels is governed by regulations at 40 CFR 156.68. The fundamental requirement is that all pesticides that have “systemic effects in Category I, II, or III, or skin or eye irritation effects in Category I or II” must bear a first-aid statement. (Category I pesticides have high toxicity; Category […]
The EPA has reissued its Pesticide General Permit (PGP) for point source discharges of pesticides to waters of the United States. Authorized under the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) program, the PGP was first issued in 2011 and was effective for a 5-year period.