Ariz. Admin. Code § R3-3-1003 - Worker and Handler Trainers; Records

A. Training exemptions.

1. Handler. A handler who currently meets one of the following conditions is exempt from the requirements under subsection (D)(1) and (D)(3):

a. Certified as an applicator of restricted use pesticides under R3-3-208 ,

b. Certified as a trainer under this Section, or

c. Certified or licensed as a crop advisor by a program approved in writing by the EPA or the Department.

2. Worker. A worker who meets one of the following conditions is exempt from the requirements under subsections (C), (D)(1), and (D)(2):

a. Certified as an applicator of restricted use pesticides under R3-3-208 ,

b. Holds a current handler card under subsection (D)(4),

c. Certified as a trainer under this Section, or

d. Certified or licensed as a crop advisor by a program approved in writing by the EPA or the Department.

B. Training verification.

1. Handler. The handler employer shall verify, before the handler performs a handling task, that the handler:

a. Meets a condition listed in subsection (A)(1); or

b. Received pesticide safety training during the last three years, excluding the month in which the training was completed.

2. Worker. The agricultural employer shall verify that a worker:

a. Meets a condition listed in subsection (A)(2); or

b. Received pesticide safety training during the last five years before allowing a worker entry into an area:

i. To which a pesticide was applied during the last 30 days, or

ii. For which a restricted-entry interval for a pesticide was in effect during the last 30 days.

3. The agricultural employer and the handler employer, or designee, shall verify that a training exemption claimed in subsection (A)(1) or (A)(2) is valid by reviewing the appropriate certificate issued by the Department, the EPA, or an EPA-approved program.

4. The agricultural employer and the handler employer, or designee, shall visually inspect the handler's or worker's EPA-approved Worker Protection Standard training verification card to verify that the training requirements prescribed in subsections (B)(1) or (B)(2) are met. If the employer believes that a worker or handler training verification card is valid, the verification requirement of subsection (B)(1) or (B)(2) is satisfied.

5. An EPA-approved Worker Protection Standard training verification card is valid if issued:

a. As prescribed in this Section, or

b. By a program approved by the Department, and

c. Within the time-frames prescribed in subsection (B)(1) or (B)(2).

6. The agricultural employer shall provide a worker who does not possess the training required in subsection (B)(2) with the pesticide safety information prescribed in subsection (C) and the pesticide safety training prescribed in subsection (D)(1) and (D)(2). The agricultural employer shall provide pesticide safety training to a worker before:

a. The worker enters a treated area on an agricultural establishment during a restricted-entry interval to perform early-entry activities; or

b. The sixth day that the worker enters an area on the agricultural establishment if a pesticide has been applied within the past 30 days, or a restricted-entry interval for the pesticide has been in effect within the past 30 days.

C. Pesticide safety information.

1. The agricultural employer shall provide pesticide safety information to a worker who does not meet the training requirements of subsection (B) before the worker enters an area on an agricultural establishment if, within the last 30 days a pesticide has been applied or a restricted-entry interval for the pesticide has been in effect. The agricultural employer shall provide safety information in a manner that the worker can understand. The safety information shall include the following:

a. Pesticides may be on or in plants, soil, irrigation water, or drifting from nearby applications;

b. Workers may prevent pesticides from entering their bodies by:

i. Following directions or signs, or both, about keeping out of a treated or restricted area;

ii. Washing before eating, drinking, chewing gum or using tobacco products, or using the toilet;

iii. Wearing work clothing that protects the body from pesticide residue;

iv. Washing or showering with soap and water, shampooing hair, and putting on clean clothing after work;

v. Washing work clothes separately from other clothes before wearing; and

vi. Washing immediately in the nearest clean water if pesticides are spilled or sprayed on the body, and as soon as possible, showering, shampooing, and changing into clean clothes.

2. The agricultural employer shall document compliance by obtaining the employee's signature or other verifiable means to acknowledge the employee's receipt of the information required in subsection (C)(1).

D. Pesticide safety training. The agricultural employer or handler employer shall ensure that pesticide safety training is provided before the sixth day of entry into a pesticide-treated area. The pesticide safety training program shall be in a language easily understood by a worker or handler, using a translator if necessary. The program shall relate solely to pesticide safety training. Information shall be presented either orally from written material or in an audiovisual manner and shall contain nontechnical terms. The trainer shall respond to questions from attendees.

1. General pesticide safety training. The following pesticide safety training shall be presented to either a handler or a worker:

a. Hazards of pesticides resulting from toxicity and exposure, including acute and chronic effects, delayed effects, and increased sensitivity;

b. Routes by which pesticides can enter the body;

c. Signs and symptoms of common types of pesticide poisoning;

d. Emergency first aid for pesticide injuries or poisonings;

e. How to obtain emergency medical care;

f. Routine and emergency body decontamination procedures, including emergency eyeflushing techniques;

g. Warnings about taking pesticides or pesticide containers home; and

h. How to report violations to the Department, including providing the Department's toll-free pesticide hotline telephone number.

2. Worker training. In addition to the information in subsection (D)(1), a pesticide safety training program for a worker shall include the following:

a. Where and in what form pesticides may be encountered during work activities;

b. Hazards from chemigation and drift;

c. Hazards from pesticide residue on clothing; and

d. Requirements of this Article designed to reduce the risks of illness or injury resulting from workers' occupational exposure to pesticides, including:

i. Application and entry restrictions,

ii. Posting of warning signs,

iii. Oral warning,

iv. The availability of specific information about applications,

v. Protection against retaliatory acts, and

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vi. The design of the following warning sign:

3. Handler training. In addition to the information in subsection (D)(1), a pesticide safety training program for a handler shall include the following:

a. Format and meaning of information contained on pesticide labels and in labeling, including safety information such as pre

cautionary statements about human health hazards;

b. Need for and appropriate use of personal protective equipment;

c. Prevention, recognition, and first aid treatment of heat-related illness;

d. Safety requirements of handling, transporting, storing, and disposing of pesticides, including general procedures for spill cleanup;

e. Environmental concerns such as drift, runoff, and potential impact on wildlife; and

f. Requirements of this Article applicable to handler employers for the protection of handlers and other individuals, including:

i. The prohibition against applying pesticides in a manner that will cause contact with workers or other individuals,

ii. The requirement to use personal protective equipment,

iii. The provisions for training and decontamination, and

iv. Protection against retaliatory acts.

4. The trainer shall issue an EPA-approved Worker Protection Standard training verification card to each handler or worker who successfully completes training, and shall maintain a record in indelible ink containing the following information:

a. Name and signature of the trained worker or handler;

b. Training verification card number;

c. Issue and expiration date of the training verification card;

d. Social security number or a unique trainer-assigned identification number of the worker or handler;

e. Name and signature of the trainer; and

f. Address or location of where the training occurred, including city, county, and state.

E.A. Trainer requirements.

1. A person applying for pesticide safety trainer certification shall:

a. Complete the Worker Protection Standard compliant pesticide safety training program administered by the Department; or

b. Hold a current PCA license or restricted use certification, issued by the Department for a PCA or certified applicator, as prescribed under R3-3-207 or R3-3-208.

2. An applicant shall submit a signed and dated affidavit to the Department verifying that each worker or handler will be trained according to the training requirements of the Worker Protection Standard. The affidavit shall include the applicant's name, address, e-mail address, telephone and fax numbers, as applicable.

a. Name, address, e-mail address, and telephone and fax numbers, as applicable; and

b. Social security number.

3. Trainer certification is:

a. Nontransferable;

b. Valid for three years from the date issued under subsection (A)(1)(a), excluding the month in which the trainer was certified, and is renewable upon completion of the Worker Protection Standard compliant pesticide safety training program administered by the Department; or

c. Valid initially for one year from the date issued under subsection (A)(1)(b), excluding the month in which the trainer certification was issued; and.

d. If the PCA license or restricted use certification remains current, is renewable for three years upon completion of the Worker Protection Standard compliant pesticide safety training administered by the Department.

4. A trainer shall maintain the records required in subsection (b) for two years, excluding the month in which the verification card was issued.

5. Upon request by the Department, the trainer shall make available worker and handler records prescribed in subsection (B) for inspection and copying by the Department.

6. A trainermay issue a Worker Protection Standard training verification card to each handler or worker who successfully completes training, and shall maintain a record as required in (B).

B. Training records shall include the following recorded in indelible ink:

1. Name and signature of the trained worker or handler;

2. Training verification card number, if utilized;

3. Issue and expiration date of the training verification card;

4. A unique trainer-assigned identification number of the worker or handler;

5. Name and signature of the trainer; and

6. Address or location of where the training occurred, including city, county, and state.

F.C. A trainer shall permit the Assistant Director or designee to enter a place where worker safety training is being presented to observe and question trainers and attendees to determine compliance with the requirements of this Section.

G.D. The Department may suspend, revoke, or deny trainer certification if any of the following occur:

1. Failing to follow the worker and handler training requirements prescribed in 40 CFR §§ 170.401 and 170.501 of the WPS;

2. Failing to issue training verification cards to workers and handlers as prescribed in subsection (D)(4);

3.2. Failing to maintain the training information prescribed in subsection (b)

4.3. Failing to fulfill the requirements of the affidavit as prescribed in subsection (A)(2); or

5.4. Having had a similar certification revoked, suspended, or denied in any jurisdiction within the last three years.

Notes

Ariz. Admin. Code § R3-3-1003

Adopted effective July 13, 1989 (Supp. 89-3). Section R3-3-1003 renumbered from R3-8-203 (Supp. 91-4). R3-3-1003 repealed; new Section R3-3-1003 renumbered from R3-3-1002 and amended effective October 8, 1998 (Supp. 98-4). Amended by final rulemaking at 10 A.A.R. 276, effective March 6, 2004 (Supp. 04-1). Amended by final rulemaking at 30 A.A.R. 89, effective 3/4/2024.