Cal. Code Regs. tit. 3 § 6724

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 6724 - Handler Training

The employer shall ensure that employees who handle pesticides have been trained pursuant to the requirements of this section and that all other provisions of this section have been complied with for employees who handle pesticides.

(a) The employer shall have a written training program. The training program shall describe the materials (e.g., study guides, pamphlets, pesticide product labeling, Pesticide Safety Information Series leaflets, Safety Data Sheets, slides, video) and information that will be provided and used to train his or her employees and identify the individual or firm that will provide the training. The training program shall address each of the subjects specified in subsection (b) that is applicable to the specific pesticide handling situation. The employer shall maintain a copy of the training program while in use and for two years after use, at a central location at the workplace.

(b) The training shall cover, for each pesticide or chemically similar group of pesticides, to be used:

(1) Format and meaning of information contained in pesticide product labeling applicable to the safe use of the pesticide, such as precautionary statements about human health hazards and labeling-required personal protective equipment;

(2) Applicator's responsibility to protect persons, animals, and property while applying pesticides; and not to apply pesticides in a manner that results in contact with persons not involved in the application process;

(3) Need for, limitations, appropriate use, removal, and sanitation of any required personal protective equipment;

(4) Safety requirements and procedures, including engineering controls (such as closed mixing systems and enclosed cabs) for handling, transporting, storing, disposing of pesticides, and spill clean-up;

(5) Where and in what forms pesticides may be encountered, including treated surfaces, residues on clothing, personal protective equipment, application equipment, and drift;

(6) Hazards of pesticides, including acute, chronic, and delayed effects, and sensitization effects, as identified in pesticide product labeling, Safety Data Sheets, or Pesticide Safety Information Series leaflets;

(7) Routes by which pesticides can enter the body;

(8) Signs and symptoms of overexposure;

(9) Routine decontamination procedures when handling pesticides, including that employees should:

(A) Wash hands before eating, drinking, using the toilet, chewing gum, or using tobacco;

(B) Thoroughly wash or shower with soap and water;

(C) Change into clean clothes as soon as possible; and

(D) Wash work clothes separately from other laundry before wearing them again.

(10) How Safety Data Sheets provide hazard, emergency medical treatment, and other information about the pesticides with which employees may come in contact;

(11) The hazard communication program requirements of section 6723;

(12) The purposes and requirements for medical supervision if organophosphate or carbamate pesticides with the signal word "DANGER" or "WARNING" on the labeling are mixed, loaded, or applied for the commercial or research production of an agricultural plant commodity;

(13) First aid and emergency decontamination procedures and emergency eye flushing techniques; and if pesticides are spilled or sprayed on the body to wash immediately with decontamination supplies and as soon as possible, wash or shower with soap and water and change into clean clothes;

(14) How and when to obtain emergency medical care;

(15) Prevention, recognition, and first aid for heat-related illness in accordance with Title 8 of the California Code of Regulations, section 3395;

(16) Requirements of this chapter and chapter 4 relating to pesticide safety, Safety Data Sheets, and Pesticide Safety Information Series leaflets;

(17) The requirement that handlers must be at least 18 years of age if handling:

(A) restricted materials specified in section 6400, or

(B) pesticides used in the commercial or research production of an agricultural commodity;

(18) Environmental concerns such as drift, runoff, and wildlife hazards;

(19) Field posting requirements and restricted entry intervals when pesticides are applied for the commercial or research production of an agricultural commodity;

(20) That employees should not take pesticides or pesticide containers home from work;

(21) Potential hazards to children and pregnant women from pesticide exposures, including that:

(A) Children and nonworking family members should keep away from treated areas;

(B) After performing handling activities or after working in a treated area, employees should remove boots or shoes before entering the home and remove work clothes; and

(C) Employees should wash or shower before physical contact with children or family members;

(22) How to report suspected pesticide use violations;

(23) How to identify if a product is either a federal Restricted Use Pesticide or a California restricted material specified in section 6400, and that federal Restricted Use Pesticides and California restricted materials shall be used only by a certified private or commercial applicator or by an individual working under the direct supervision of a certified applicator;

(24) When any federal Restricted Use Pesticide or California restricted material specified in section 6400 is used by a noncertified applicator, the training must cover:

(A) Where to identify on the labeling if the product requires a certified applicator to be physically present during the use of the pesticide;

(B) The certified applicator's responsibility to provide instructions specific to the site and pesticide(s) prior to use, including:

1. Pesticide product labeling directions, precautions, and requirements applicable to the specific use and site; and

2. How the characteristics of the use site (e.g., surface and ground water, endangered species, local population) and the conditions of application (e.g., equipment, method of application, formulation) might increase or decrease the risk of adverse effects;

(C) The requirement for each employee to be able to immediately communicate directly with the supervising certified applicator as specified in Section 6731; and

(25) The employee's rights, including the right:

(A) To personally receive information about pesticides to which he or she may be exposed;

(B) For his or her physician or an employee representative designated in writing to receive information about pesticides to which he or she may be exposed;

(C) To be protected against retaliatory action due to the exercise of any of his or her rights; and

(D) To report suspected use violations to the Department or county agricultural commissioner.

(c) The training shall be in a manner the employee can understand, at a location reasonably free from distraction, and be conducted according to the written training program specified in subsection (a). Trainers must be present throughout the entire presentation and shall respond to employee questions.

(d) Training shall be completed before the employee is allowed to handle pesticides, continually updated to cover any new pesticides that will be handled, and repeated at least annually thereafter. Initial training may be waived if the employee submits a record showing that training meeting the requirements of this section and covering the pesticides and use situations applicable to the new employment situation was received within the last year. Certified private or commercial applicators, as defined in section 6000, and individuals with a manned or unmanned apprentice pilot certificate issued by the Director are considered trained for the purposes of this section.

(1) If the employee is a noncertified applicator under subsections 6406(a)(2)-(a)(4) and is being supervised in accordance with subsection 6406(b), the employer shall maintain for at least two years from the date of a use of a California restricted material specified in section 6400 either:

(A) A copy of the employee's license or certificate; or

(B) A written record containing at least the following information:

1. Employee name;

2. License or certificate type, number, and category(ies);

3. Expiration date; and

4. The name of the issuing certifying authority.

(e) The date and extent of initial and annually required training given to the employee and the job to be assigned shall be recorded. This record shall be verified by the employee's printed name and signature, and include the title(s) and source(s) of training materials used; employer's name and trainer's name.

(1) The training record must be retained by the employer for two years at a central location at the workplace accessible to employees and be provided to the employee, Director or commissioner upon request. The employer shall make this training record accessible to a certified private or commercial applicator supervising an employee using a pesticide listed in section 6400.

(2) For an employee handling pesticides used for the commercial or research production of an agricultural commodity or handling a California restricted material specified in section 6400, the record must also include the trainer's qualifications as specified in subsection (f).

(f) The individual conducting the training for employees who will be handling pesticides for the commercial or research production of an agricultural plant commodity or a California restricted material shall be qualified as one of the following:

(1) A California certified private or commercial applicator;

(2) An individual holding a valid County Biologist License in Pesticide Regulation or Investigation and Environmental Monitoring issued by the Department of Food and Agriculture;

(3) A University of California Extension Advisor;

(4) An individual who has completed an "instructor training" program presented by one of the following:

(A) the University of California, Integrated Pest Management Program; or

(B) other instructor training program approved by the Director;

(5) A California licensed Agricultural Pest Control Adviser;

(6) A California Registered Professional Forester; or

(7) Other trainer qualification approved by the Director.

Cal. Code Regs. Tit. 3, § 6724

Note: Authority cited: Section 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.

1. Amendment filed 8-1-86; effective thirtieth day thereafter (Register 86, No. 31).
2. Amendment of subsection (a) filed 9-26-90; operative 10-26-88 (Register 88, No. 41).
3. New subsections (a) and (c) and renumbering and amendment of subsection (b) filed 8-13-90; operative 8-13-90 (Register 90, No. 41).
4. Amendment filed 12-6-91; operative 1-1-92 (Register 92, No. 13).
5. Repealer and new section filed 12-31-96; operative 1-1-97 pursuant to Government Code section 11343.4(d)(Register 97, No. 1).
6. Amendment of subsections (b)(9) and (b)(16) filed 4-15-2015; operative 7/1/2015 (Register 2015, No. 16).
7. Change without regulatory effect amending subsections (a), (b)(2), (b)(13) and (b)(15) filed 12-2-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 49).
8. Amendment of subsections (c), (e) and (f)(5)(A) filed 10-17-2016; operative 1/2/2017 pursuant to Government Code section 11343.4(b)(2) (Register 2016, No. 43).
9. Editorial correction of subsection (f)(1) (Register 2017, No. 51).
10. Amendment filed 12-20-2017; operative 3/1/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 51).
11. Amendment filed 6-30-2023; operative 1/1/2024 (Register 2023, No. 26).