40 CFR 170: EPA Agricultural Worker Protection Standard

Regulatory citation: Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); 40 CFR Part 170, Worker Protection Standard

What Is the Worker Protection Standard?

The Agricultural Worker Protection Standard (WPS) protects people who work on farms, forests, nurseries and greenhouses from pesticide exposure. It covers workers, who do tasks such as harvesting or weeding, and handlers, who mix, load or apply pesticides. It applies when a product label refers to the WPS.

Why the WPS Matters

Farmworkers can be exposed through drift or by entering treated fields too soon. Violations are enforced under FIFRA by EPA and state agencies.

Core Obligations

1. Train Workers and Handlers Every Year (170.401, 170.501)

Workers must have pesticide safety training within the last 12 months before they work in an area treated, or under a restricted-entry interval, in the past 30 days. Handlers must be trained within the last 12 months before any handler task. A qualified trainer must use EPA-approved content. Keep training records for two years.

2. Display Safety and Hazard Information (170.311)

Post pesticide safety information and emergency contacts at a central location. For each application, display the SDS, product name, EPA registration number, active ingredient, treated area, timing and REI within 24 hours after the application ends. Keep it up for 30 days after the REI expires and keep records for two years.

3. Enforce Restricted-Entry Intervals (170.407, 170.409)

Keep workers out of treated areas until the labeled REI ends, except for permitted early-entry tasks. Post warning signs for outdoor REIs longer than 48 hours. For shorter REIs, use signs or oral warnings. Signs go up no more than 24 hours before the application and must be removed or covered within three days after the REI ends.

4. Keep People Out of the Application Exclusion Zone (170.405, 170.505)

The application exclusion zone (AEZ) moves with the equipment during outdoor applications. It is 100 feet for aerial, air blast, fumigant, smoke, mist or fog applications and fine sprays. It is 25 feet for ground sprays of medium or larger droplets released more than 12 inches above the ground. Handlers must suspend the application if anyone other than a trained, equipped handler is in the AEZ, including people beyond the property line. EPA's 2024 rule restoring these off-farm protections took effect on December 3, 2024.

5. Provide Decontamination Supplies (170.411, 170.509)

Provide at least 1 gallon of water per worker, soap and single-use towels within a quarter mile of workers. Keep them available for 30 days after an REI over four hours ends, or 7 days if all REIs were four hours or less. Handlers need at least 3 gallons each, a change of clothes and, where required, eye-flush water.

6. Protect Handlers (170.309, 170.507)

Handlers and early-entry workers must be at least 18 years old. Provide and maintain label-required PPE. When the label calls for a respirator, the handler must first receive a medical evaluation, fit testing and training that meet OSHA's respiratory protection standard. Keep those records for two years.

7. Arrange Emergency Assistance (170.309(f))

If a worker or handler may have been poisoned or injured by a pesticide, promptly arrange transport to a medical facility. Give medical staff the SDS, product details and how the exposure happened.

Common Compliance Approaches

Set Up a Central Posting Board

A weatherproof board near the break area can hold the safety poster, contacts, SDSs and application log.

Use an Application Checklist

A checklist helps handlers confirm AEZ distance, signs, PPE and decontamination supplies before each job.

Example: WPS Compliance in Practice

An orchard plans an air blast application with a 48-hour REI. The manager confirms each handler's training is current and that respirator fit tests are on file. Unless the label requires signs, the crew lead may give oral warnings. During spraying, a handler sees a neighbor walking along the fence line within 100 feet and stops the sprayer until the neighbor passes. The application details and SDS are posted on the central board that afternoon.

Related regulations: OSHA respiratory protection standard, OSHA hazard communication standard, OSHA PPE standards.

Note: Some states run their own WPS programs or add stricter requirements. Always follow the pesticide label, which is enforceable, and check with your state pesticide agency.

Frequently Asked Questions

Does the WPS apply to family farms?

Yes, but owners and their immediate family members are exempt from many provisions, including training and decontamination supplies. Hired workers and handlers on the same farm are fully covered.

Can workers enter a treated area before the REI ends?

Only under limited early-entry exceptions, such as no-contact tasks, short limited-contact or irrigation tasks, or declared agricultural emergencies. Early-entry workers must be at least 18, wear the label-required PPE and be given specific information first.

Who can deliver WPS training?

A certified applicator of restricted-use pesticides, a person designated as a trainer by EPA or the state, or someone who has completed an EPA-approved train-the-trainer program.