Chapter ATCP 29

ATCP 29.58(2) (2) The information in sub. (1) shall be in English, resistant to deterioration, and remain legible throughout the length of time the rodenticide bait station is serviced.

ATCP 29.58 History History: CR 12-003: cr. Register May 2013 No. 689, eff. 6-1-13.

subch. X of ch. ATCP 29 Subchapter X — Agricultural Worker Protection

ATCP 29.60 ATCP 29.60 Definitions. In this subchapter:

ATCP 29.60(1) (1) “Agricultural employer” means a person who hires or contracts for the services of one or more agricultural workers, or operates an agricultural establishment that uses one or more agricultural workers.

ATCP 29.60(2) (2) “Agricultural emergency” means a sudden onset of conditions, such as flood, fire, frost, hail, high winds, or loss of power, which will result in a substantial economic loss that can only be prevented or mitigated by the early entry of agricultural workers into an area treated with an agricultural pesticide. “Agricultural emergency” does not include conditions which an agricultural employer could have anticipated and controlled, or which are precipitated by an agricultural employer’s mismanagement or negligence.

ATCP 29.60(3) (3) “Agricultural establishment” means any farm, forest, nursery, or greenhouse where agricultural plants are produced.

ATCP 29.60(4) (4) “Agricultural pesticide” means any pesticide used or labeled for use in the production of agricultural plants at an agricultural establishment.

ATCP 29.60(5) (5) “Agricultural plant” means any plant grown or maintained for commercial or research purposes.

ATCP 29.60(6) (6) “Agricultural worker” means an individual who performs activities related to the production of agricultural plants at an agricultural establishment.

ATCP 29.60(7) (7) “Crop advisor” means any individual who assesses pest numbers or damage, pesticide distribution, or the status or requirements of agricultural plants.

ATCP 29.60(8) (8) “Direct the use of a pesticide” has the meaning given in s. ATCP 29.01 (14).

ATCP 29.60(9) (9) “Dual notice agricultural pesticide” means an agricultural pesticide whose label requires agricultural employers to do both of the following:

ATCP 29.60(9)(a) (a) Post application sites with worker protection warning signs.

ATCP 29.60(9)(b) (b) Give workers oral notice of applications.

ATCP 29.60(10) (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.

ATCP 29.60(11) (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.

ATCP 29.60(12) (12) “Handler” means an individual who does any of the following:

ATCP 29.60(12)(a) (a) Mixes or loads an agricultural pesticide.

ATCP 29.60(12)(b) (b) Uses an agricultural pesticide.

ATCP 29.60(12)(c) (c) Acts as a flagger to mark the pesticide application pathway during an agricultural pesticide application.

ATCP 29.60(12)(d) (d) Cleans, adjusts, handles, or repairs those parts of pesticide mixing, loading, or application equipment that may contain agricultural pesticide residues.

ATCP 29.60(12)(e) (e) Assists with the application of agricultural pesticides in any manner which could expose that person to pesticides.

ATCP 29.60(12)(f) (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.

ATCP 29.60(12)(g) (g) Enters an outdoor area treated with a soil fumigant in order to adjust or remove soil coverings such as tarpaulins.

ATCP 29.60(12)(h) (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:

ATCP 29.60(12)(h)1. 1. The inhalation exposure level specified on the pesticide label is met.

ATCP 29.60(12)(h)2. 2. The ventilation criteria specified by 40 CFR 170.110(c)(3) or the pesticide label are met.

ATCP 29.60(12)(h)3. 3. The restricted entry interval specified on the pesticide label has expired.

ATCP 29.60(13) (13) “Mix or load” a pesticide has the meaning given in s. ATCP 29.01 (23).

ATCP 29.60(14) (14) “Restricted entry interval” has the meaning given in s. ATCP 29.01 (35).

ATCP 29.60(15) (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.

ATCP 29.60(16) (16) “Use” a pesticide has the meaning given in s. ATCP 29.01 (41).

ATCP 29.60 History 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 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.