CCA Exemption from WPS

CCA Exemption from WPSNovember 2003The following two documents should clarify the Certified Crop Advisor (CCA) exemption under theWorker Protection Standard (WPS): 1) the fact sheet (4/95) summarizes the exemption and, 2) part170.204(b) from the Federal Register (5/3/95) explains in detail the responsibilities of CCAs.Note: although the two documents indicate that crop advisors are subject to pesticide safety training,EPA has since reviewed the crop advisor certification programs of the Agronomy Society of America(ASA) and the National Alliance of Independent Crop Consultants (NAICC) and has approved bothprograms as meeting the pesticide safety training requirements established under the WPS.To qualify for the CCA exemption, individuals must have successfully completed a state-recognized cropadvisor certification program. They also must follow the other “conditions of exemption” as stated underpart 170.204 (b) (2).To summarize:< Only crop advisors certified as such by a state-recognized crop advisor certification program, andpersons under their direct supervision, are exempt from all WPS provisions..< Direct supervision by a CCA does not require “on-site” supervision.< The CCA exemption applies only after a pesticide application and while performing crop advisingtasks.< A CCA must convey the following information to persons under their direct supervision:CCCThe appropriate PPE for the task to be performed,The appropriate decontamination supplies, andHow to conduct the tasks safely.Note: Neither CCAs nor persons under their direct supervision are legally required to wear the PPEfor early-entry tasks, or have decontamination supplies readily accessible to them. However,CCAs may be liable for injury resulting from pesticide exposure if such protections were notfollowed.CCAs must also provide the following information to persons under their direct supervision beforethey enter a treated site:CCCCCCPesticide product and active ingredient applied,Method of application,Time of application,REI,Which tasks to undertake, andHow to contact the CCA.The EPA intends to reevaluate the CCA exemption after information is collected on its effectiveness; nospecific date has been set.

EPAWorker Protection Program Fact Sheet:Final Rule Amendment - Crop AdvisorsIn April 1995, EPA completed a final rule amendment to the Worker Protection Standard (WPS) that exemptscertified or licensed crop advisors and persons under their direct supervision while performing crop advisortasks from WPS provisions except for pesticide safety training.BackgroundIn July 1994, EPA received a petition from a coalition of agricultural organizations that recommendedexempting crop advisors from the WPS. In a January 1995 Federal Register Notice, EPA proposed for commentan exemption of certain crop advisors from certain WPS requirements. EPA has considered comments receivedand has issued a final determination.Summary of Final Rule Amendment• Certified or licensed crop advisors and persons under their direct supervision are exempt from WPSprovisions except for pesticide safety training.• The exemption applies only after pesticide application ends and while performing crop advising tasks.• The exemption describes what constitutes "direct supervision" and the information that crop advisors mustconvey to those under their direct supervision.• Certified or licensed crop advisors may substitute pesticide safety training received during certification orlicensing, if it is equivalent to WPS pesticide handler training.• In order to allow time for acquiring certification or licensing, these provisions will be phased in byexempting from WPS all persons doing crop advising tasks until May 1, 1996.DiscussionAs handlers under the WPS, crop advisors may enter treated areas during application and the restricted entryinterval without time limitations, if provided with the required personal protective equipment (PPE) specifiedon the product labeling and other protection provided for handlers. Employees of agricultural establishmentswho are performing crop advisor tasks in a treated area within 30 days of the expiration of the restricted entryinterval are provided the same protection as workers under WPS.The exemption established by this action allows certified or licensed crop advisors to choose appropriateprotection to be utilized while performing crop advising tasks in treated areas after the end of pesticideapplication. This rule also establishes a temporary exemption for all persons while doing crop advising tasks inorder to allow time to acquire certification or licensing. EPA is exempting knowledgeable and experienced cropadvisors, and persons under their direct supervision, from the PPE, knowledge of labeling and site specificinformation, decontamination, and emergency assistance requirements of the WPS after pesticide applicationends and only when performing crop advising tasks. Certified or licensed crop advisors may substitute pesticidesafety training received during the Federal, State or Tribal approved certification or licensing program if suchtraining is at least equivalent to the WPS training.For more information contact:Certification and Worker Protection BranchOffice of Pesticide ProgramsU.S. EPA (7506C)1200 Pennsylvania Avenue, N.W.Washington, DC 20460-0001Phone: 703 305-7666Fax: 703 308-2962 4/95