AgBioResearch

Worker Protection Standards Compliance

Following the recent implementation of the Complying with the Worker Protection Standard at Michigan State University document, several concerns and questions have been raised regarding specific guideline requirements. We have heard your concerns and are adjusting where we can. Our goal is not to hinder research but to ensure everyone's safety while complying with federal regulations.

Below are updates to the questions that have been raised.

1. The mobile app for Pesticide Applications has been tabled until further notice, as communicated in an email to all certified applicators on Sunday, April 13.
   
   
2. After the guidelines' initial rollout this spring, AgBioResearch will allow new hires who have become certified applicators a 30-day grace period to obtain their Worker Protection Standards training. The Compliance Guideline has been updated to reflect this change.
   
   
3. Signage for outdoor production areas:
   
   
   • The MSU guideline states:
     • • Outdoor Production Areas: If a pesticide is applied to an outdoor production area and the product labeling requires a Restricted-Entry Interval (REI) of 4 hours or more, workers must be notified of the application by posting the “Grim-faced Man” warning signs.
         
         
       • This guideline is based on the federal regulation outlined in 40 CFR 170.409(a)(1)(iii), which states: If a pesticide with product labeling that requires a restricted-entry interval equal to or less than 48 hours is applied to an outdoor production area, the agricultural employer must notify workers of the application either by posting warning signs (per paragraph b), or by providing oral warnings (per paragraph c).
         
         
   • The federal regulation also states that when oral warnings are to be relied on for all workers, they must be for anyone within a 1/4-mile radius (40 CFR 170.409(a)(2)(ii)). With the number of research teams working at any Center on a given day, it would be hard to prove to a regulator that all personnel were verbally made aware of an REI being in place. Therefore, MSU has chosen to go with the need to post the “Grim-faced Man” warning sign when applying a pesticide with an REI of 4 hours or more to ensure consistent and compliant notification.
     
     
   • We recognize and understand the challenges this new approach may introduce. We have heard your concerns, such as:
     • • The new guideline deviates too far from existing protocols and presents logistical challenges to incorporate with the growing season upon us.
       • Creates workload challenges associated with managing, in some cases, dozens of REI signs.
       • Handcuff researchers from entering their research areas due to a smaller block within a larger plot receiving a higher REI pesticide treatment (and subsequently the entire plot now under the longest REI).
       • Posting a grim-faced man signs to indicate an area is under an REI may create false concern among bystanders when researchers are compliant in their plots, and subsequent erroneous claims of WPS non-compliance may be submitted.
         
         
   • To address concerns about researchers entering untreated areas within larger plots that include sections under an active REI, we have contacted MDARD for official guidance. MDARD recognizes the unique nature of research activities, as the regulations were written with commercial agriculture in mind. MDARD is willing to collaborate with MSU to find a safe and practical solution, prioritizing people’s safety. AgBioResearch will include a few faculty members as part of the conversation. Until further guidance is provided, please continue to conduct your research. Utilize the Grimm Face Man sign for the whole plot when sections have an active REI, and feel free to work in those sections without an active REI. If entering a section with an active REI is necessary, please wear the appropriate PPE per the label instructions.
     
     
   • To ease the concern that you may not be able to return to the Center immediately to remove the signage once the REI expires, please email or text the Farm Manager to ask for help removing the signage.
     
     
   • Finally, AgBioResearch is not taking a heavy-handed approach to enforcement. In the event of a complaint or an observation of an activity, we will inquire with a mindset to educate. We will review the records, and likely, that will be all that is needed to affirm that work was being done safely.
     
     
4. AgBioResearch is working to develop general signage for Centers that hopefully encourages the public and their four-legged friends to stay out of fields as research is being conducted that can’t be disturbed.

If you have any more questions, please feel free to contact our Operations and Compliance Manager, Gordon Nobach, anytime. He will work directly with you to solve the logistical challenges presented by these new guidelines.

The details of both signage and oral warning requirements are outlined below for your reference:

(b) Requirements for posted warning signs. If notification by posted warning signs is required pursuant to paragraph (a) of this section, the agricultural employer must, unless otherwise prescribed by the label, ensure that all warning signs meet the requirements of this paragraph. When several contiguous areas are to be treated with pesticides on a rotating or sequential basis, the entire area may be posted. Worker entry is prohibited for the entire area while the signs are posted, except for entry permitted by § 170.603 of this part. 

(c) Oral warnings —Requirement. If oral notification is required pursuant to paragraph (a) of this section, the agricultural employer must provide oral warnings to workers in a manner that the workers can understand. If a worker will be on the establishment when an application begins, the warning must be given before the application begins. If a worker arrives on the establishment while an application is taking place or a restricted-entry interval for a pesticide application is in effect, the warning must be given at the beginning of the worker's work period. The warning must include all of the following:

(1) The location(s) and description of any treated area(s) subject to the entry restrictions during and after application specified in §§ 170.405 and 170.407.

(2) The dates and times during which entry is restricted in any treated area(s) subject to the entry restrictions during and after application specified in §§ 170.405 and 170.407.

(3) Instructions not to enter the treated area or an application exclusion zone during application, and that entry to the treated area is not allowed until the restricted-entry interval has expired and all treated area warning signs have been removed or covered, except for entry permitted by § 170.603 of this part.