Wisconsin Legislature: ATCP 29.61 Note

(6) “Agricultural worker” means an individual who performs activities related to the production of agricultural plants at an agricultural establishment.

(7) “Crop advisor” means any individual who assesses pest numbers or damage, pesticide distribution, or the status or requirements of agricultural plants.

(8) “Direct the use of a pesticide” has the meaning given in s. ATCP 29.01 (14).

(9) “Dual notice agricultural pesticide” means an agricultural pesticide whose label requires agricultural employers to do both of the following:

(a) Post application sites with worker protection warning signs.

(b) Give workers oral notice of applications.

(10) “Early entry” means the entry of agricultural workers into an area treated with an agricultural pesticide, for the purpose of performing hand labor, before the restricted entry interval has expired.

(11) “Hand labor” means any agricultural activity, performed by hand or with hand tools, that causes a worker to have substantial contact with surfaces such as plants, plant parts, or soil that may contain pesticide residues. “Hand labor” includes activities such as harvesting, detasseling, thinning, weeding, topping, planting, removing suckers, pruning, debudding, roguing, and packing produce into containers in the field. “Hand labor” does not include operating, moving or repairing irrigation, watering or frost protection equipment; acting as a crop advisor; or performing similar activities which do not entail substantial contact with surfaces that may contain pesticide residues.

(12) “Handler” means an individual who does any of the following:

(a) Mixes or loads an agricultural pesticide.

(b) Uses an agricultural pesticide.

(d) Cleans, adjusts, handles, or repairs those parts of pesticide mixing, loading, or application equipment that may contain agricultural pesticide residues.

(e) Assists with the application of agricultural pesticides in any manner which could expose that person to pesticides.

(f) Enters a greenhouse or other enclosed area during or after an agricultural pesticide application, and before the inhalation exposure level specified on the pesticide label and the ventilation criteria specified by 40 CFR 170.110(c) (3) or the pesticide label have been met, in order to operate ventilation equipment, adjust or remove covers used in fumigation, or monitor air quality.

(g) Enters an outdoor area treated with a soil fumigant in order to adjust or remove soil coverings such as tarpaulins.

(h) Performs tasks as a crop advisor at an agricultural pesticide application site during or after a pesticide application, and before any of the following have occurred:

1. The inhalation exposure level specified on the pesticide label is met.

2. The ventilation criteria specified by 40 CFR 170.110(c)(3) or the pesticide label are met.

3. The restricted entry interval specified on the pesticide label has expired.

(13) “Mix or load” a pesticide has the meaning given in s. ATCP 29.01 (23).

(14) “Restricted entry interval” has the meaning given in s. ATCP 29.01 (35).

(15) “Substantial economic loss” means a loss in profitability which is greater than that which could occur as a result of normal annual fluctuations in crop yield or quality.

(16) “Use” a pesticide has the meaning given in s. ATCP 29.01 (41).

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; corrections in (14) and (16) made under s. 13.93 (2m) (b) 7., Stats., Register, March, 1999, No. 519.

ATCP 29.61 Worker protection; general. The following persons shall comply with federal worker protection standards under 40 CFR 170:

(1) An agricultural employer.

(2) A person who employs one or more handlers.

(3) A person who uses or directs the use of an agricultural pesticide as an independent contractor for hire.

Note: Some federal requirements under 40 CFR 170 are stated in full on the pesticide label, while others are merely referenced. The department will provide a free summary of the federal rules upon request. The entire federal worker protection standards rule can also be accessed at https://www.federalregister.gov/d/2015-25970. 40 CFR 170 requires specific pesticide safety practices, including pesticide product application posting, training of equipment operators and pesticide workers and handlers, and use of preventative emergency response measures including sanitation, decontamination, and availability of emergency medical treatment. To obtain summary materials, contact the department at: Department of Agriculture, Trade and Consumer Protection; Division of Agricultural Resource Management; Worker Protection Program; P.O. Box 8911, Madison, WI 53708-8911 or call (608) 224-4500.

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.62 Worker protection warning signs.

(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:

(a) It shall be at least 14 inches by 16 inches.

(b) Its form and content shall be identical to that shown in ch. ATCP 29 Appendix C.

(d) It shall be posted not more than 24 hours before the pesticide application is scheduled to begin.

(e) It shall remain posted for the duration of any restricted entry interval specified on the pesticide label.

(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.

(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).

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.

ATCP 29.63 Agricultural emergencies; early entry by workers.

(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:

(a) The early entry is necessary to prevent or mitigate the effects of an agricultural emergency.

(b) The early entry complies with applicable worker protection standards under 40 CFR 170.112.

(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.

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.

(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:

(a) The complete name, mailing address, and telephone number of the agricultural employer.

Note: The name under par. (a) may be that of a business entity.

(b) The date and location of the early entry.

(d) The brand name, EPA registration number, and restricted entry interval for each pesticide applied to the treated area.

(e) The number of agricultural workers involved in the early entry.

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

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.64 Training handlers.

(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.

(2) Trainer qualifications. An individual who trains handlers under sub. (1) shall be at least one of the following:

(a) Currently certified as a pesticide applicator by the department.

(b) Currently certified as a pesticide applicator in another state, pursuant to an applicator certification program approved by the federal environmental protection agency.

(d) A graduate of a worker protection train-the-handler program approved by the department or the federal environmental protection agency.

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.65 Training agricultural workers.

(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.

(2) Trainer qualifications. An individual who trains agricultural workers under par. (a) shall be at least one of the following:

(a) Currently certified by the department as a pesticide applicator under s. ATCP 29.26 or 29.27.

(b) Currently certified by another state as a pesticide applicator, pursuant to an applicator certification program approved by the federal environmental protection agency.

(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.

(e) Trained as a pesticide handler under 40 CFR 170.230.

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.66 Training records.

(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:

(a) The first name, last name, and permanent home address of the agricultural worker or handler.

(b) The date or dates on which the agricultural worker or handler received training required under s. ATCP 29.64 or 29.65.

(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.

(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.

History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

Subchapter XI — Special Registrations And Use Authorizations

ATCP 29.70 Emergency use permits.

(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:

(a) A pesticide use that is not authorized under the federal act.

(b) The use of DDT or its isomers or metabolites.

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.

(2) Permit application. An application for an emergency use permit under sub. (1) shall be submitted by electronic means to the department unless advance approval to submit a paper application is granted by the department. The application shall include all of the following:

(a) The complete name and address of the applicant, including the complete name and address of the pesticide applicator if different from the applicant.