Chapter ATCP 29

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

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.

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 ATCP 29.64 Training handlers.

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

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

ATCP 29.65 History History: Cr. Register, May, 1998, No. 509, eff. 6-1-98.

ATCP 29.66 ATCP 29.66 Training records.

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

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.

subch. XI of ch. ATCP 29 Subchapter XI — Special Registrations And Use Authorizations

ATCP 29.70 ATCP 29.70 Emergency use permits.

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

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 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:

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.

ATCP 29.70(2)(d) (d) A detailed description of the potential benefits, adverse effects, and hazards which may result from the use of the pesticide.

ATCP 29.70(2)(e) (e) A description and analysis of feasible alternative pesticides and control measures that could be utilized to control the pest.

ATCP 29.70(2)(f) (f) The composition and formulation of the pesticide.

ATCP 29.70(2)(g) (g) The source from which the pesticide is to be purchased or shipped.

ATCP 29.70(2)(h) (h) The amount of pesticide to be used.

ATCP 29.70(2)(i) (i) The site of the pesticide application.

ATCP 29.70(2)(j) (j) The method of pesticide application and any special precautions that will be taken in the use and disposal of the pesticide.

ATCP 29.70(2)(k) (k) Any additional information required by the department.

ATCP 29.70 Note Note: The use of certain pesticides, such as use of atrazine in an atrazine prohibition area, may require a permit under ch. ATCP 30.

ATCP 29.70(3) (3) Action on permit application. The department shall grant or deny a permit application under sub. (2) within 20 business days after the department receives a complete application.

ATCP 29.70(4) (4) Issuing a permit. The department may issue an emergency use permit under sub. (1), based on a complete application under sub. (2), if the department finds all of the following:

ATCP 29.70(4)(a) (a) The emergency use is necessary to prevent a serious risk to persons, property, or the environment.

ATCP 29.70(4)(b) (b) The benefits from the proposed emergency use outweigh the potential risks which that use may pose to persons, property, and the environment.

ATCP 29.70(4)(c) (c) There are no effective alternative control measures.

ATCP 29.70 Note Note: The department must prepare an environmental assessment on each permit issued under this subsection. See ch. ATCP 3.

ATCP 29.70(6) (6) Permit conditions.

ATCP 29.70(6)(a) (a) The department may impose conditions on an emergency use permit to protect persons, property, and the environment. These may include any of the following:

ATCP 29.70(6)(a)1. 1. Time limits.

ATCP 29.70(6)(a)2. 2. Conditions related to the amount of pesticide used, the location and size of the application site, the method of application, and the disposal of pesticide containers and unused pesticides.

ATCP 29.70(6)(a)3. 3. Conditions related to the training and qualifications of persons applying the pesticide.

ATCP 29.70(6)(a)4. 4. Other conditions which the department considers appropriate.

ATCP 29.70(7) (7) Suspending or revoking a permit. The department may summarily suspend or revoke an emergency use permit if the department finds any of the following:

ATCP 29.70(7)(a) (a) Information contained in the permit application is false or misleading.