Employers & Pesticide Uses Covered by the WPS

The WPS, and all of its revisions, apply to the following individuals:

• Individuals who own or manage a farm, forest, nursery, or greenhouse where pesticides are used in the production of agricultural plants
• Individuals who hire or contract for the services of agricultural workers to do tasks related to the production of agricultural plants on a farm, forest, nursery, or greenhouse - including labor contractors and others who contract with growers to supply agricultural laborers
• Individuals who operate a business in which they or people they employ apply pesticides used in the production of agricultural plants on any farm, forest, nursery, or greenhouse
• Individuals who operate a business in which they or people they employ perform tasks as crop advisors on any farm, forest, nursery, or greenhouse

Most pesticide uses involved in the production of agricultural plants on a farm, forest, nursery, or greenhouse are covered by the WPS. This includes both the pesticides used directly on plants and the pesticides used on the soil or planting medium in which the plants are being grown or will be grown. The WPS covers both general-use pesticides and restricted-use pesticides.

If a product is covered by the WPS, the following statement will be included in the Directions for Use section of the pesticide labeling:

"AGRICULTURAL USE REQUIREMENTS

Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR 170. This standard contains requirements for the protection of agricultural workers on farms, forests, nurseries, greenhouses, and handlers of agricultural pesticides. It contains requirements for training, decontamination, notification, and emergency assistance. It also contains specific instructions and exceptions pertaining to the statements on this label about personal protective equipment, notification of workers, and restricted-entry intervals."

If you are using a pesticide product with labeling that refers specifically to the "Worker Protection Standard," you must comply with the WPS or risk being in violation of federal law, since it is illegal to use a pesticide product in a manner inconsistent with its labeling.

To learn more about Pesticide Worker Safety visit our Pesticide Worker Safety Online Training web page.