Makes provisions for farm worker protections from pesticides

* Applicators are prohibited from applying pesticides in a way that will expose workers or other persons. Workers are excluded from areas while pesticides are being applied.

* Restricted-entry intervals must be specified on all agricultural pesticide product labels. Workers are excluded from entering a pesticide treated area during the restricted entry interval, with only narrow exception.

* Personal protective equipment must be provided and maintained for handlers and early-entry workers.

* Workers must be notified about treated areas so they may avoid inadvertent exposures.

* Handlers and workers must have an ample supply of water, soap and towels for routine washing and emergency decontamination.

* Transportation must be made available to a medical care facility if a worker or handler may have been poisoned or injured. Information must be provided about the pesticide to which the person may have been exposed.

* Pesticide safety training is required for all workers and handlers, and a pesticide safety poster must be displayed.

* Handlers and workers must be informed of pesticide label requirements. Central posting of recent pesticide applications is required.

In addition, farm owners or operators must:

* conduct mandatory testing for presence of organophosphate pesticides for all handlers of pesticides, including applicators and mixers of pesticides, within one week of the workers' arrival of these workers at the agricultural site and within one week of their departure from the site;

* provide personal protection equipment which has been fit-tested to all individuals who are or may be required to wear such equipment in the course of their work, which must be readily available to these workers;

* provide education and information to farm workers and their families about the hazards of exposure to pesticide, how to avoid such exposures to children, personal clothing and possessions, and what to do if pesticide exposure or contamination occurs.

* report every incidence of pesticide exposure to farmworkers and their families to the State Department of Health, whether by direct exposure to pesticide applications or from drift of pesticides from the application site, This reporting must occur within 24 hours of such pesticide exposure and must include the day and time of day the exposure occurred and the pesticides to which the individuals were exposed;

* provide on-site washing machines for workers to clean pesticide-contaminated clothing, which are separate from clothes washing facilities used by families, and provide instruction in the proper care of clothing contaminated with or exposed to pesticides;

* provide shower facilities for every five workers, with separate facilities for males and females, for the removal of pesticides residues and other contaminants;

* provide one or more public telephones for workers to report medical emergencies, including pesticide exposures or contamination; and

* ensure that all new housing for farm workers is located at least fifty feet from any field or site, except for enclosed facilities such as greenhouses, which may be treated with pesticides. Existing housing which does not comply with this paragraph must be replaced within five years or cease to be used after that time.

The department must issue an annual report of all farm inspections by March first to the governor and the legislature for the previous calendar year, including compliance with the requirements contained herein; enforcement actions, fines and penalties for non-compliance resulting from such inspections; pesticide exposure or contamination reports to the department of health.

Justification

The original Worker Protection Standard (WPS) was issued by the Environmental Protection Agency (EPA) in 1992 to attempt to overcome the inadequacy of previous regulations protecting agricultural workers from pesticide exposure. NYS receives a modest grant from EPA for enforcement of the WPS, hence there is little or no enforcement of this important program There are no State laws to protect farmworkers and their families from the impact of agricultural pesticides.

Farmworkers are by far the most seriously individuals impacted by agricultural pesticides. Not only do they work in direct proximity to fields and buildings treated regularly with pesticides, they often live immediately adjacent to these sites, Farmworkers and their families may be directly or indirectly exposed (through pesticide drift) to agriculture pesticides by virtue of where they live and work. Of the 25 most heavily used agricultural pesticides, 11 have been classified by EPA as known or probably human carcinogens, 17 cause genetic damage, 10 cause reproductive damage, 5 are toxic to the nervous system, and 18 are skin, eye or lung irritants, More than 300,000 farm workers yearly suffer pesticide related illnesses and exposed workers have higher incidence of leukemia, prostate, stomach, skin, lip, pancreatic, kidney, lymphatic and blood system cancers than other workers.

This bill incorporates not only the federal WPS, but requires other actions by farm owners or operators to protect farmworkers and their families. It is imperative to enact protections to these individuals, who are essential to the production of agricultural commodities in this State and yet suffer most significantly from their work.

Prior legislative history

A6106, 1999-2000. A5190, 2001-02. 02/10/03 referred to health (A.3639) 01/07/04 referred to health 05/19/04 reported referred to codes 05/20/04 amend and recommit to codes 05/20/04 print number 3639a 05/25/04 reported referred to rules 06/07/04 rules report cal.820 06/07/04 ordered to third reading rules cal 820 (A3639) 2005-06 A.2268 third reading 2007-08 A851 referred to ways and means 2009-10 A1586 referred to ways and means 2011-12 A4050 health

Fiscal implications for state and local governments

There will be costs associated with the review of regulations, standards and guidance to take into account the policies and requirements of this bill.

Effective date

The law takes effect November 1 next succeeding the date it becomes a law.