Worker Protection Standard

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40 CFR Part 170 is the Worker Protection Standard (WPS) established by the Environmental Protection Agency (EPA) to protect agricultural workers from pesticide exposure. It aims to reduce the risks of illness or injury resulting from occupational exposures to pesticides used in the production of agricultural plants. The regulation includes requirements for training, safety measures, and information dissemination to ensure the safety of workers.

Who Must Comply

Any operation that uses pesticides to produce agricultural plants is subject to the EPA Worker Protection Standard (WPS).

WPS applies whenever pesticides are used to produce plants at an agricultural establishment — this includes farms, forests, nurseries, and greenhouses.

WPS requirements apply even if the plants are not sold. USU operations that grow plants for research, feed, demonstration, teaching, or internal use (such as decorating our campus) fall under the Worker Protection Standard. These activities have been subject to WPS requirements since 2015.

Examples of USU Operations Covered by WPS

WPS requirements apply to the following USU operations if pesticides are used:

  • Research farms and Agricultural Experiment Station farms
  • Student farms and teaching plots
  • USU Botanical Centers
  • Extension Agricultural Location
  • Research and Facilities Greenhouses
  • Forestry operations where pesticides are applied (e.g., Utah Conservation Corps projects)
  • Any Laboratories or academic units producing agricultural plants

This includes operations that may not sell the commodity (e.g., plants grown for feed, research, or internal use). If pesticides are used as part of producing or maintaining the agricultural plants in any of these settings, WPS compliance — including training, posting, and safety protections — is required.

WPS also applies if applying pesticides in forests (such as Utah Conservation Corps work).

Program Requirements

At USU, the Directors, Managers, Faculty and Foreman who oversee sites falling under WPS requirements will be considered the ‘employers’ for WPS purposes and must ensure the following:

  • Annual pesticide safety training must provided to agricultural workers and pesticide handlers including employees, students, volunteers and visitors before they enter or begin work in pesticide treated areas. Training is to be completed via LearnBlue.
    • Certified, state-licensed pesticide applicators are exempt from WPS training requirements but must maintain their applicator license.
  • Central posting materials must be displayed in a readily accessible location and follow posting requirements.
  • Recordkeeping - Training and application records must be maintained for at least 2 years, even after someone leaves the university.
  • Warning signs are posted at treated areas, when required
  • Decontamination supplies are provided
  • Emergency assistance is available, when needed

Central Posting Requirements

Central posting materials (listed below) must be displayed in an easily accessible location during working hours. Usually this is a location where employees congregate such as where they check in or out of work, change clothes, eat, etc. The central posting information must include the following three main elements:

  1. Hazard information (Safety Data Sheets must be available at central posting)
  2. Pesticide application records, including:
    • Product name
    • EPA registration number and Active ingredient(s)
    • Crop or site treated, including location/description of treated area
    • Date and time of application (start and end
    • Restricted-Entry Interval (REI)
  3. Safety information posting, including:
    • WPS safety poster with the name, address, and phone number of the nearest emergency medical facility
    • Contact information for the state or tribal pesticide regulatory agency

Establishment-Specific Information

Separate from the pesticide safety training, employers must tell workers and handlers where to find the pesticide safety poster (or equivalent), Safety Data Sheets, pesticide application records and decontamination supplies on the establishment.

Training Requirements

There is no grace period for WPS training.

Anyone entering an agricultural establishment to perform tasks in areas that may be treated with pesticides — including workers, handlers, and sometimes students or volunteers — must receive WPS training before entering or performing work.

Both WPS trainings are available online through USU LearnBlue. Automatic re-enrollment will occur for USU employees every 12 months after initial training is complete.

Agricultural Worker Training

  • Required annually for anyone who meets the definition of an agricultural worker
  • Must be completed before work begins; prior to entering treatment areas
  • WPS Agricultural Worker Training

Pesticide Handler Training

  • Required annually for anyone who meets the definition of a pesticide handler
  • Must be completed before work begins; prior to entering treatment areas
  • Agricultural Worker Training is not required if Pesticide Handler Training is completed.
  • WPS Pesticide Handler Training

Student Access to WPS Training

For students or volunteers who do not have an on-campus job, follow the directions below:

  1. Visit the Learn Blue Temporary Access Form in ServiceNow
  2. In the drop-down menu, select "Worker Protection Standard
  3. Click the blue "Submit" button
  4. Navigate to Learn Blue
  5. Find the "Enrolled Courses" section
  6. Start the applicable Worker Protection Standard course.

This process allows students to have 30 days of access into Learn Blue. After 30 days, their account will automatically change to "inactive." Should they need to re-activate their LearnBlue account, they can re-submit the Temporary Access Form by following the steps listed above.

WPS Training Overview

Definitions

Agricultural Workers

Faculty, staff, students, volunteers and visitors who perform tasks related to the growing and harvesting of agricultural plants or participating in crop-advising – but do not mix, load, or apply pesticides – are considered Agricultural workers under WPS and must complete the WPS Agricultural Worker training.

Pesticide Handler

Faculty, staff, students, volunteers and visitors who perform tasks related to the growing and harvesting of agricultural plants and they mix, load, or apply pesticides, assist with pesticide applications, maintenance application equipment, or enter treatment areas before the return entry interval, are considered pesticide handlers and must complete the WPS Pesticide Handler training.

Visitors and Students

Visitors and students who enter agricultural establishments for educational or observational purposes and do not participate in plant production or pesticide-related tasks, are classified as visitors.

Key Takeaway for Visitors: If a "visitor" is just passing through a non-treated area at the establishment, they do not need training. However, if they are assisting with crop advising, research, or entering areas with recent pesticide applications (within the last 30 days), they must be educated through WPS training.

Agricultural Plant

An agricultural plant is any plant (or plant part) grown, maintained, or produced for commercial, research, experimental, or internal-use purposes. This includes, but is not limited to: Grains, fruits, and vegetables; Wood fiber or timber products; Flowering and foliage plants; Seedlings and transplants; Turf grass produced for sod. Pasture or rangeland used solely for grazing is not considered an agricultural plant under WPS.

Additional Resources

If you have any questions about EPA WPS compliance, EH&S Field & Farm Safety Officer at 435-797-1750.

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