ATCP 29.61(1) (1) An agricultural employer.

ATCP 29.61(2) (2) A person who employs one or more handlers.

ATCP 29.61(3) (3) A person who uses or directs the use of an agricultural pesticide as an independent contractor for hire.

ATCP 29.61 Note 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 [phone].

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

ATCP 29.62(1)(b) (b) Its form and content shall be identical to that shown in ch. ATCP 29 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; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register May 2013 No. 689.

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

ATCP 29.63(1)(c) (c) The agricultural workers entering the treated area have been trained in compliance with 40 CFR 170.130.

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

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.