Or. Admin. R. 437-002-0170

Current through Register Vol. 63, No. 9, September 1, 2024

Section 437-002-0170 - Worker Protection Standard

Oregon OSHA administers and enforces the pesticide Worker Protection Standard (WPS - 40 CFR 170) as adopted in OAR 437-004-6000. When a pesticide product with Worker Protection Standard language ("Agricultural Use Requirements") on the product label is used on plants grown or maintained for sale or resale, such as those at retail nurseries or greenhouses, the WPS applies. Plants grown or maintained for sale or resale include but are not limited to food, feed and fiber plants; ornamental trees and shrubs; turfgrass sod; flowering plants and seedlings. This is consistent with the Environmental Protection Agency's interpretation and application of the WPS. All parts of the WPS apply (without regard to the scope of Division 4) in addition to, and not instead of, any other part of Division 2, General Industry. Should any conflict exist between the WPS and other Division 2 rules, the employer must comply with the rule offering the most protection to workers. A full text of the Worker Protection Standard is found in Division 4, Agriculture, Subdivision W.

NOTE: 437-002-0170 Worker Protection Standard does not apply when any pesticide is applied in the following circumstances: (See 437-004-6000, 170.303(b))

(1) As part of government-sponsored public pest control programs over which the owner, agricultural employer and handler employer have no control, such as mosquito abatement and Mediterranean fruit fly eradication programs.

(2) On plants other than agricultural plants, which may include plants in home fruit and vegetable gardens and home greenhouses, and permanent plantings for ornamental purposes, such as plants that are in ornamental gardens, parks, public or private landscaping, lawns or other grounds that are intended only for aesthetic purposes or climatic modification.

(3) For control of vertebrate pests, unless directly related to the production of an agricultural plant.

(4) As attractants or repellents in traps.

(5) On the harvested portions of agricultural plants or on harvested timber.

(6) For research uses of unregistered pesticides.

(7) On pasture and rangeland where the forage will not be harvested for hay.

(8) In a manner not directly related to the production of agricultural plants, including, but not limited to structural pest control and control of vegetation in non-crop areas.

Or. Admin. R. 437-002-0170

OSHA 9-2009 f. & cert. ef. 9-21-09; OSHA 1-2017, f. 2-14-17, cert. ef. 1/1/2018

Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001-654.295