Eastern New York Commercial Horticulture Enrollment

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EPA Worker Protection Standard Update

May 9, 2018

wps

Written by: Sandra Menasha and Alice Wise

Originally published: Long Island Fruit and Vegetable Update, April 19th, 2018

The updated Worker Protection Standard took effect on January 2, 2017. The NYS DEC has the right to conduct inspections to certify that growers are in compliance with regulations for agricultural pesticides including organics. Inspections include WPS, record keeping, and pesticide storage. The website http://www.pesticideresources.... has WPS information, the How to Comply Manual, Worker and Handler Training Videos (English and Spanish), the new WPS Safety Poster and useful WPS checklists. Alternatively, contact the Department of Environmental Conservation or your local Cooperative Extension office with questions.

This is a basic WPS checklist. We highly recommend checking the relevant section in the WPS How to Comply Manual as there are many additional details.

1. All workers and handlers must receive annual training. Workers must be trained before they work in an area where a pesticide has been used or a restricted-entry interval (REI) has been in effect in the past 30 days. Handlers must be trained before performing any handler task.

2. Training of workers and handlers can only be conducted by a certified pesticide applicator, State/Tribal/Federal approved trainers, or a person who has completed an EPA approved train-the-trainer course.

3. Effective January 2018, training videos need to include the new content under the revised WPS. Videos (English and Spanish) can be found at www.pesticideresources.org. Keep records of all trainings for 2 years.

4. Check your central posting area and make sure it is easily seen, accessible and the information posted is legible. The central posting area must have safety information (e.g. revised WPS safety poster), pesticide application information and pesticide Safety Data Sheets (SDS). Under the revised WPS, there is a new safety poster with updated safety information. Updated safety posters can be downloaded and ordered at www.pesticideresources.org or ordered from Ag supply companies such as Gemplers.

5. Information required at the central posting location should also be displayed at permanent decontamination supply sites or at locations with 11 or more workers.

6. Pesticide application information and pesticide Safety Data Sheets (SDS) must be displayed at the central posting location within 24 hours of the end of the application and before workers enter the treated area. Display both for 30 days after the REI expires and keep on file for 2 years from the end of REI. SDS can be obtained from your pesticide supplier or from http://www.cdms.net/Label-Database.

7. Pesticide Application information for WPS at the central posting area must include:

  • crop treated, location and description of treated area(s),
  • product name, EPA registration no., active ingredient(s),
  • date and time pesticide application started and ended,
  • and the restricted-entry interval (REI).

8. A farm map is suggested for the central posting area so that workers can easily ID the location of all farm fields. Some growers use names (Main Road Chardonnay), some use numbers or letters (Field 2). The point being that if a DEC inspection occurs, your workers understand and are able to communicate the location of the applications and a farm map makes this easier.

9. Check decontamination kits and upgrade as necessary:

  • coveralls, soap and a stack of single use towels
  • provide at least 1 gallon per worker using the site or 3 gallons for each pesticide handler and each early entry worker.
  • one pint of water (eyewash) must be available to each handler applying pesticides if eye protection is required on the label. For tractor applications, the emergency eyewash water (1 pint) must be carried on the tractor. However, if the applicator gets off the tractor, the eyewash must be carried on their person. At mixing and loading sites, a system capable of delivering 0.4 gallons/minute for 15 minutes or 6 gallons of water to flow gently for 15 minutes must be provided for handlers using products requiring eye protection.
  • check expiration date on eye flushing.
  • decontamination kits must be within mile of all workers. Portable kits might be a better option for growers with a large operation.
  • make sure all your handlers and workers know where the decontamination sites are and what they contain.

10. The need for eye protection will be listed on the pesticide label in the box entitled "Agricultural Use Requirements", in the section listing PPE (personal protective equipment).

11. Refer to the "Agricultural Use Requirements" box on the pesticide label for a list of all required PPE. Make sure PPE is adequately stocked - chemical resistant suits, gloves, aprons, protective eyewear, boots, respirators and cartridges. Check unopened respirator cartridges for an expiration date.

12. Where respirators are required on the pesticide label, handlers must be medically cleared to wear a respirator, receive annual respirator fit-testing and training. Records of completion of respirator fit-test, training and medical clearance must be kept for 2 years. Note: Owners of the agricultural establishment and family members are not exempt from the respirator requirements under WPS.

  • respirators should be cleaned after each use and stored to protect them from damage, contamination and dust
  • opened cartridges should be stored in a re-sealable plastic bag when not in use.
13. Application Exclusion Zones (AEZ): There are several different requirements regarding the AEZ in the revised WPS. The size of an AEZ varies depending on the type of application and other factors, including droplet size, and height of nozzles above the planting medium. Refer to the How to Comply Manual to determine AEZ size.
  • Effective January 2, 2017, agricultural employers are to not allow any workers or other persons in the AEZ within the boundaries of the establishment un􀆟l the application is complete.
  • Effective January 2, 2018, handlers are to suspend the application if any workers or other persons are anywhere in the AEZ. This requirement is NOT limited to the boundaries of the establishment. This applies to any area on or off the establishment within the AEZ while the application is ongoing.

14. Start accumulating copies of pesticide labels. All applicators must have a copy of the label immediately accessible. Some growers deal with individual labels, some put together a notebook to be carried on the tractor. Having a copy of pesticide label on your smart phone is not acceptable.

15. When making an application, the applicator must have the following items immediately accessible:
  • a. Applicator's license
  • b. Labels for all materials being applied.
  • c. Appropriate PPE (see individual labels for what is required)

16. Tidy up your pesticide storage area. A disorganized, messy storage area is a red flag to an inspector. Pesticide storage guidelines can be found at http://www.dec.ny.gov/regulations/8871.html. 



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Brussels Sprouts

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Cabbage

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Cauliflower

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Cherries

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Dry Beans

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Eggplant

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Ethnic Vegetables

Ethnic Vegetables

Garlic

Garlic

Grapes

Grapes

Horseradish

Horseradish

Kohlrabi

Kohlrabi

Leeks

Leeks

Lettuce / Leafy Greens

Lettuce / Leafy Greens

Melons

Melons

Nectarines

Nectarines

Onions

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Parsnips

Parsnips

Peaches

Peaches

Pears

Pears

Peas

Peas

Peppers

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Plums

Plums

Potatoes

Potatoes

Pumpkins / Gourds

Pumpkins / Gourds

Radishes

Radishes

Raspberries / Blackberries

Raspberries / Blackberries

Rhubarb

Rhubarb

Rutabaga

Rutabaga

Snap Beans

Snap Beans

Squash - Summer

Squash - Summer

Squash- Winter

Squash- Winter

Strawberries

Strawberries

Sweet Corn

Sweet Corn

Sweet Potatoes

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Tomatoes

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Upcoming Events

Ag Manager Webinar Series: Ag Tax Topics - Sales Tax and Property Tax Issues for Ag in NYS

August 27, 2019
12:30 - 12:50pm

Join Liz Higgins from the CCE ENYCHP every other Tuesday at 12:30pm throughout the summer as she discusses pertinent business topics for busy farm managers.
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Willsboro Farm High Tunnel Twilight Meeting

August 27, 2019
5:00pm - 7:00pm
Willsboro, NY

Join vegetable specialists Elisabeth Hodgdon, Jud Reid, and farm manager Mike Davis for a high tunnel and field tour at Cornell's Willsboro Research Farm, where they will share research results for the following projects: 
  • Striped cucumber beetle management suing netting and row cover
  • Varietal differences in cucumber susceptibility to striped cucumber beetle
  • Ground cherry and goldenberry production in field and high tunnel environments
  • Overwintered high tunnel spinach nitrogen fertility 

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Announcements

Resources from CCE ENYCHP!

We are developing new ways to connect with the CCE ENYCHP team this year! We have a Youtube page located at this link. Check out videos on Table Grape Production, Pest Updates and the 20 Minute Ag Manager - in 4 Minutes series

We have a Facebook Page here as well as an Instagram page. We keep these places updated with current projects, events, and other interesting articles and deadlines.

There are also text alerts available. Fruit and vegetable farmers in 17 Eastern NY counties can now receive real time alerts on high risk disease and pest outbreaks texted directly to their cell phone. The Eastern NY Commercial Horticulture program, which is supported by local Cornell Cooperative Extension associations, will now offer text alerts to those that enroll in our program in 2019. 

The text alerts will be reserved for important crop alerts that could impact management decisions immediately. For instance, if there were an outbreak of Late Blight in the area, this would be transmitted to vegetable growers.

Farmers can choose the crop for which they wish to receive updates. Additionally they can request that Ag Business Alerts be sent to them. These alerts might include due dates for crop insurance deadlines, market opportunities etc.

If you have questions, please contact enychp@cornell.edu


Podcasts

Biweekly Vegetable News Podcast - Episode 9 - 08/21/19

August 21, 2019
The August 21st, 2019 edition of the Eastern New York Vegetable News covers the following topics:

Changes to Worker Housing Regulations in the Farmworker Fair Labor Practices Act (1:25)
Managing Alternaria Leaf Spot and Head Rot on Broccoli (4:25)
Gauging Winter Squash Maturity for Harvest (10:05)
Insects in Hemp, especially European Corn Borers (18:33)
Guidance on the Dropped Covered Produce Provision of the Food Safety Modernization Act (22:53)
Cucurbit Downy Mildew Management Update (27:02)
Report from the BioControl Field Day and Weed Management Recommendations (31:07)
Day Neutral Strawberries (40:33)

Here are links to additional resources mentioned in the episode:

Current Housing Regulations for Seasonal and Migrant Farmworkers
(On January 1, 2020, these will now apply to farms housing any number of seasonal and migrant farmworkers)

Public Health Law, section 225, NYCRR Title 10 Health, Part 15, Migrant Housing: https://www.health.ny.gov/regulations/nycrr/title_10/part_15/

Managing Alternaria Leaf Spot and Head Rot in Broccoli

Sue Scheufele “Can Alternaria Leaf Spot Be Managed Organically?” http://www.hort.cornell.edu/expo/proceedings/2013/Cole%20Crops/Cole%20Crops%20Scheufele%20Alternaria.pdf

Christy Hoepting “Control of Alternaria head rot in broccoli featuring exciting results from 2018 on‐farm fungicide trial” http://www.hort.cornell.edu/expo/pdf/20190115-all-day-hoepting.pdf

Dropped Covered Produce:
FDA Factsheet on Dropped Covered Produce: https://www.fda.gov/media/129568/download

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