ATCP 29.61 Note
○ The intended date and time of application.
ATCP 29.61 Note
○ The pesticide to be applied.
ATCP 29.61 Note
○ The restricted entry interval following application.
ATCP 29.61 Note
○ Applicable requirements for oral warnings and treated area posting.
ATCP 29.61 Note
○ Other worker protection requirements identified on the pesticide label.
ATCP 29.61 Note
Under the federal rules, an operator of an agricultural establishment who hires a commercial applicator to make a pesticide application must notify the applicator of other pesticide applications that may affect the applicator's employees while they are on the premises.
ATCP 29.61 Note
Under the federal rules, agricultural employers must do all of the following (there are some exceptions):
ATCP 29.61 Note
○ Restrict worker access to pesticide application sites until restricted entry intervals have expired.
ATCP 29.61 Note
○ Prior to each pesticide application, orally warn workers who may come within 1/4 mile of the application site or post warning signs at entrances to the application site. Labels on more hazardous pesticides require "dual notice" to workers, including both oral warnings and posting.
ATCP 29.61 Note
○ Under the federal rules, persons who employ agricultural pesticide handlers must do all of the following:
ATCP 29.61 Note
○ Make sure that no pesticide is applied so as to contact, either directly or through drift, any person other than a trained and protected handler.
ATCP 29.61 Note
○ Make sure that persons handling pesticides labeled with a skull and crossbones are monitored visually or by voice contact at least once every 2 hours.
ATCP 29.61 Note
○ Make sure that any handler working in a fumigated greenhouse is in continuous visual or voice contact with another handler.
ATCP 29.61 Note
○ Make sure that each handler has read or has been informed of the information on the label of each pesticide handled.
ATCP 29.61 Note
○ Make sure that product labeling is accessible to handlers while they are engaged in handling activities.
ATCP 29.61 Note
○ Make sure that each handler is instructed in the safe operation of handling equipment.
ATCP 29.61 Note
○ Make sure that all handling equipment is inspected and in good operating condition prior to each use.
ATCP 29.61 Note
○ Do all of the following when a pesticide label requires personal protective equipment for handlers:
ATCP 29.61 Note
* Provide the equipment to each handler.
ATCP 29.61 Note
* Make sure that the equipment is inspected and repaired prior to each use.
ATCP 29.61 Note
* Properly clean, maintain and store the equipment. The handler employer must make sure that respirator filters, cartridges and canisters are replaced as often as required.
ATCP 29.61 Note
* Make sure that each handler wears the equipment and uses it correctly.
ATCP 29.61 Note
* Provide each handler with a clean place to put on and remove personal protective equipment, and store it when not in use.
ATCP 29.61 Note
* Take action, if necessary, to prevent heat-related illness which may occur while equipment is being worn.
ATCP 29.61 Note
* Provide soap, towels and water to each handler removing equipment at the end of a handling activity.
ATCP 29.61 Note
* Prohibit handlers from wearing home or taking home equipment worn for handling activities.
ATCP 29.61 Note
* Properly dispose of equipment that cannot be properly cleaned or maintained.
ATCP 29.61 Note
* Inform persons who clean or launder equipment that the equipment may be contaminated with harmful pesticides, and instruct them on how to avoid contamination and clean equipment correctly.
ATCP 29.61 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.62
ATCP 29.62
Worker protection warning signs. ATCP 29.62(1)(1)
Warning signs required. An agricultural employer shall post worker protection warning signs at pesticide application sites as required under
40 CFR 170. Except as provided under
sub. (2) or by the federal environmental protection agency, each warning sign shall comply with all of the following requirements:
ATCP 29.62(1)(b)
(b) Its form and content shall be identical to that shown in Appendix C.
ATCP 29.62(1)(c)
(c) It shall be constructed to resist deterioration, and shall remain legible throughout the required posting period.
ATCP 29.62(1)(d)
(d) It shall be posted not more than 24 hours before the pesticide application is scheduled to begin.
ATCP 29.62(1)(e)
(e) It shall remain posted for the duration of any restricted entry interval specified on the pesticide label.
ATCP 29.62(1)(f)
(f) It shall be removed or covered not more than 3 days after the restricted entry interval expires unless it is required for another pesticide application.
ATCP 29.62(2)
(2) Small application sites. If a pesticide application site, such as a potted plant or greenhouse bench top, is too small to accommodate standard warning signs under
sub. (1), it may be posted with smaller warning signs that are at least 4 inches by 5 inches. The warning signs shall be clearly posted on each side of the application site at intervals of not more than 25 feet. An individual treated plant may be posted with a single sign. A sign under this subsection shall comply with
sub. (1) (b) to
(f).
ATCP 29.62 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.63
ATCP 29.63
Agricultural emergencies; early entry by workers. ATCP 29.63(1)(1)
Emergency conditions. An agricultural employer may have agricultural workers enter an area treated with an agricultural pesticide before the restricted entry interval has expired if all of the following apply:
ATCP 29.63(1)(a)
(a) The early entry is necessary to prevent or mitigate the effects of an agricultural emergency.
ATCP 29.63(1)(d)
(d) The agricultural employer files a written report with the department under
sub. (2) within 72 hours after the early entry occurs. The department may require an agricultural employer to file additional information with the department, as necessary.
ATCP 29.63 Note
Note: ATCP 29.61 incorporates federal rules that prohibit agricultural workers from reentering a treated area during a restricted entry interval except in an "agricultural emergency." Subsection (1) serves as a "declaration of emergency" for purposes of
40 CFR 170.112 (d)(2)(i). If all of the conditions under sub. (1) are met, no further "declaration" by the department is needed in order to permit the early entry of agricultural workers into a treated area.
ATCP 29.63(2)
(2) Report filed by agricultural employer. An agricultural employer shall file a report under
sub. (1) (d) in writing, and shall include all of the following:
ATCP 29.63(2)(a)
(a) The complete name, mailing address and telephone number of the agricultural employer.
ATCP 29.63 Note
Note: The name under par. (a) may be that of a business entity.
ATCP 29.63(2)(c)
(c) A description of the agricultural emergency which necessitated the early entry.
ATCP 29.63(2)(d)
(d) The brand name, EPA registration number and restricted entry interval for each pesticide applied to the treated area.
ATCP 29.63(2)(e)
(e) The number of agricultural workers involved in the early entry.
ATCP 29.63 Note
Note: An agricultural employer filing a report under sub. (2) should file that report at the following address: Department of Agriculture, Trade and Consumer Protection Agricultural Resource Management Division Worker Protection Program P.O. Box 8911 Madison, Wisconsin 53708-8911
ATCP 29.63 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.64(1)(1)
Training required. Every person who employs a handler shall ensure that the handler is trained as required by
40 CFR 170.230 before the handler engages in any handler activity.
ATCP 29.64(2)
(2) Trainer qualifications. An individual who trains handlers under
sub. (1) shall be at least one of the following:
ATCP 29.64(2)(a)
(a) Currently certified as a pesticide applicator by the department.
ATCP 29.64(2)(b)
(b) Currently certified as a pesticide applicator in another state, pursuant to an applicator certification program approved by the federal environmental protection agency.
ATCP 29.64(2)(c)
(c) Employed by the University of Wisconsin-Extension to train pesticide applicators.
ATCP 29.64(2)(d)
(d) A graduate of a worker protection train-the-handler program approved by the department or the federal environmental protection agency.
ATCP 29.64 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.65
ATCP 29.65
Training agricultural workers. ATCP 29.65(1)(1)
Training required. An agricultural employer may not require or permit any agricultural worker, other than a worker trained as required under
40 CFR 170.130, to enter any area that has been subject to a restricted entry interval during the previous 30 days.
ATCP 29.65(2)
(2) Trainer qualifications. An individual who trains agricultural workers under
par. (a) shall be at least one of the following:
ATCP 29.65(2)(b)
(b) Currently certified by another state as a pesticide applicator, pursuant to an applicator certification program approved by the federal environmental protection agency.
ATCP 29.65(2)(c)
(c) Employed by the University of Wisconsin-Extension to train pesticide applicators.
ATCP 29.65(2)(d)
(d) A graduate of a worker protection train-the-handler or train-the-worker program approved by the department or the federal environmental protection agency.
ATCP 29.65 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.66(1)(1)
Employer records. A person who employs agricultural workers or handlers shall keep current pesticide training records for each agricultural worker or handler employed. The employer shall keep each employee's records for at least one year after that individual's employment ends. The records shall include all of the following:
ATCP 29.66(1)(a)
(a) The first name, last name and permanent home address of the agricultural worker or handler.
ATCP 29.66(1)(c)
(c) A signed statement by the agricultural worker or handler confirming that the worker or handler received the training required under
s. ATCP 29.64 or
29.65 on the dates indicated.
ATCP 29.66(2)
(2) Trainer records. A person who trains agricultural workers or handlers under
s. ATCP 29.64 or
29.65 shall keep a training record for each individual trained. The training record shall include all of the information required under
sub. (1). The trainer shall keep the training record for at least 5 years after the training is given.
ATCP 29.66 History
History: Cr.
Register, May, 1998, No. 509, eff. 6-1-98.
ATCP 29.70(1)
(1)
Authority and scope. The department may issue an emergency use permit authorizing the purchase, sale, distribution and use of a pesticide for a purpose not otherwise permitted under this chapter or
ch. ATCP 30, if that use is necessary in an emergency to control a serious disease or pest infestation. The department may not issue an emergency use permit for any of the following:
ATCP 29.70(1)(a)
(a) A pesticide use that is not authorized under the federal act.
ATCP 29.70 Note
Note: The department may issue permits, under s.
94.709, Stats., for the use of DDT, its isomers or metabolites. See s.
ATCP 30.19 related to emergency use permits for bat control.
ATCP 29.70(2)
(2) Permit application. An application for an emergency use permit under
sub. (1) shall be in writing, and shall include all of the following:
ATCP 29.70(2)(a)
(a) The complete name and address of the applicant, including the complete name and address of the pesticide applicator if different from the applicant.
ATCP 29.70(2)(b)
(b) A detailed description of the nature and scope of the emergency warranting the pesticide use, including information on the target pest.
ATCP 29.70(2)(c)
(c) A description of the purpose for which the pesticide will be used.
