2006 Legislation
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HOUSE BILL NO. 785 – Pesticide safety, agric workers


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H0785......................................................by STATE AFFAIRS
PESTICIDE SAFETY - Adds to existing law relating to pesticides and
chemigation to require the posting of pesticide safety information and
pesticide application notices for agricultural workers.
03/07    House intro - 1st rdg - to printing
03/08    Rpt prt - to Agric Aff

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 785
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
  7        NOTICES.
  8    Be It Enacted by the Legislature of the State of Idaho:
  9        SECTION 1.  That Chapter 34, Title 22, Idaho Code, be,  and  the  same  is
 10    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 11    ignated as Section 22-3427, Idaho Code, and to read as follows:
 13    ment.  When  workers  are  on  an agricultural establishment, the agricultural
 14    employer shall display pesticide safety information in  accordance  with  this
 15    section.
 16        (2)  Pesticide safety poster.
 17        (a)  A  safety  poster  must  be displayed that conveys, at a minimum, the
 18        following basic pesticide safety concepts:
 19             (i)   Avoid getting on the skin or into the body any pesticides  that
 20             may  be  on  plants  and  soil, in irrigation water, or drifting from
 21             nearby applications;
 22             (ii)  Washing before eating, drinking, using chewing gum or  tobacco,
 23             or using the toilet;
 24             (iii) Wearing  work  clothing  that  protects the body from pesticide
 25             residues, such as long-sleeved shirts, long pants, shoes, socks and a
 26             hat or scarf;
 27             (iv)  Washing and showering with soap and water, shampooing hair, and
 28             putting on clean clothes after work;
 29             (v)   Washing work clothes separately from other clothes before wear-
 30             ing them again;
 31             (vi)  Washing immediately in the nearest clean  water  if  pesticides
 32             are  spilled  or  sprayed  on  the  body  and,  as  soon as possible,
 33             showering, shampooing and changing into clean clothes; and
 34             (vii) Following directions about keeping out of treated or restricted
 35             areas.
 36        (b)  The pesticide safety poster shall be written in English and  Spanish,
 37        provided the employer may replace the Spanish portion of the poster with a
 38        non-English  language read by the largest group of workers who do not read
 39        English.
 40        (3)  Emergency medical care information.
 41        (a)  The name, address and telephone number of the nearest emergency medi-
 42        cal care facility shall be on the pesticide  safety  poster  or  displayed
 43        close to such poster.
  1        (b)  The  poster shall be updated promptly to inform workers of any change
  2        to the information on emergency medical care facilities.
  3        (4)  Location. The pesticide safety  poster  and  emergency  medical  care
  4    information  shall  be  displayed at the location where drinking water is made
  5    available for workers.
  6        (5)  Accessibility. Workers shall be  informed  of  the  location  of  the
  7    information and shall be allowed access to read the information.
  8        (6)  Legibility.  The  information shall remain legible during the time it
  9    is posted.
 10        (7)  Definition. For purposes of this section and section  22-3428,  Idaho
 11    Code,  "agricultural  employer"  means the person who supervises farm laborers
 12    provided:
 13        (a)  If the owner of the agricultural establishment hires  and  supervises
 14        workers, such owner is the agricultural employer; and
 15        (b)  If  the owner of the agricultural establishment contracts with a farm
 16        labor contractor and that farm labor contractor hires and  supervises  the
 17        workers for the owner, the contractor is the agricultural employer.
 18        SECTION  2.  That  Chapter  34,  Title 22, Idaho Code, be, and the same is
 19    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 20    ignated as Section 22-3428, Idaho Code, and to read as follows:
 21        22-3428.  POSTING  APPLICATION  NOTICES.  (1) The operator of agricultural
 22    property shall ensure that signs are posted around treated fields  and  green-
 23    houses in the following circumstances:
 24        (a)  Whenever  a pesticide with the signal word "DANGER" is applied unless
 25        access to the treated field is controlled in  a  manner  that  ensures  no
 26        employee  other  than the handlers making the application will enter, work
 27        in, remain in, or walk within one-quarter (1/4) mile during  the  applica-
 28        tion and the restricted entry interval; and
 29        (b)  All  greenhouse  applications unless access is controlled in a manner
 30        that ensures no employee other than the handlers  making  the  application
 31        will  enter, work in, remain in, or pass through the greenhouse during the
 32        application and the restricted entry interval.
 33        (2)  The warning sign required pursuant to subsection (1) of this  section
 34    shall:
 35        (a)  Have  a background color that contrasts with red. The words "DANGER,"
 36        "PELIGRO," "PESTICIDES" and "PESTICIDAS" shall be at the top of the  sign,
 37        and  the  words  "KEEP  OUT"  and "NO ENTRE" shall be at the bottom of the
 38        sign. Letters for all words must be clearly legible.
 39        (b)  Include a circle containing an upraised hand on the left and a  stern
 40        face  on  the  right near the center of the sign. The inside of the circle
 41        must be red, except that the hand and a large portion of the face must  be
 42        in  a  shade  that  contrasts  with red. The length of the hand must be at
 43        least twice the height of the smallest letters. The  length  of  the  face
 44        must  be  only slightly smaller than the hand. Additional information such
 45        as the names of the pesticides and the date of application may  appear  on
 46        the  warning  sign,  provided  such  information does not detract from the
 47        appearance of the sign or change the meaning of the required information.
 48        (c)  Be at least fourteen (14) inches by sixteen  (16) inches in size, and
 49        the letters shall be at least one (1) inch in height unless a smaller sign
 50        and smaller letters are necessary because the treated area is too small to
 51        accommodate a sign of this size. If a smaller sign is used, it  must  meet
 52        the proportions and other requirements described in this subsection (2).
 53        (d)  Include  in  the lower portion of the sign the following information,
  1        which such letters and symbols, if any, shall be of a color  that  sharply
  2        contrasts with the immediate background:
  3             (i)   The date of unrestricted entry;
  4             (ii)  The name of the operator of the property; and
  5             (iii) The field identification, if any.
  6        (e)  The  Spanish  portion  of  the sign may be replaced with another non-
  7        English  language that is read by a majority of workers who  do  not  read
  8        English.
  9        (f)  Any  replacement  signs  must be in the same format and meet the same
 10        size and other requirements as the original.
 11        (3)  The signs shall:
 12        (a)  Be posted before the pesticide application begins but  shall  not  be
 13        posted unless a pesticide application is scheduled within twenty-four (24)
 14        hours;
 15        (b)  Remain  posted and clearly legible throughout the application and the
 16        restricted entry interval; and
 17        (c)  Be removed within three (3) days after  the  end  of  the  restricted
 18        entry interval and before agricultural worker entry is permitted.
 19        (4)  The  signs  shall  be  posted  so  that they are visible at all usual
 20    points of entry to the treated area, including each road, footpath, walkway or
 21    aisle that enters the treated field, and each border with any labor camp adja-
 22    cent to the treated field. Usual  points  of  entry  are  entrances  that  the
 23    employer  customarily directs workers to use. If there are no identified usual
 24    points of entry to the treated field, signs shall be posted at the corners  of
 25    the  treated  field.  When  a  treated field is adjacent to an unfenced public
 26    right-of-way such as a road, trail or path, additional signs shall  be  posted
 27    at  each  end  of the treated field and at intervals not exceeding one-quarter
 28    (1/4) mile along the treated field's border with the right-of-way.
 29        (5)  When a pesticide product with the signal word "DANGER" on  the  label
 30    is  being  applied  to  a  field  through an irrigation system, signs shall be
 31    posted in the manner specified in subsection (4) of this section. All  letters
 32    of  such  signs shall be at least two and one-half (2 1/2) inches tall and all
 33    letters and symbols shall be of a color  that  sharply  contrasts  with  their
 34    immediate background. These signs shall contain the following:
 35        (a)  An  octagon  stop  sign  symbol at least eight (8) inches in diameter
 36        containing the word "STOP" in English; and
 37        (b)  The words "KEEP OUT" and "NO ENTRE" above the symbol  and  the  words
 39        the symbol.
 40        (6)  When a fumigant is applied to a field, signs shall be posted  in  the
 41    manner  specified in subsection (4) of this section. These signs shall contain
 42    the following information:
 43        (a)  The skull and crossbones symbol; and
 44        (b)  The following statements:
 45             (i)   "DANGER/PELIGRO";
 46             (ii)  "Area under fumigation, DO NOT ENTER/NO ENTRE";
 47             (iii) "(Name of fumigant) Fumigant in use";
 48             (iv)  The date and time of the fumigation; and
 49             (v)   The name, address and telephone number of the applicator.
 50        (7)  Oral warnings. The agricultural employer shall provide oral  warnings
 51    to workers in a manner that the workers can understand. If a worker will be on
 52    the  premises  during  the  application, the warning shall be given before the
 53    application takes place; otherwise, the warning shall be given at  the  begin-
 54    ning  of the worker's first work period during which the application is taking
 55    place or the restricted-entry interval for the pesticide  is  in  effect.  The
  1    oral warning shall consist of:
  2        (a)  The location and description of the treated area;
  3        (b)  The time during which entry is restricted; and
  4        (c)  Instructions not to enter the treated area until the restricted-entry
  5        interval has expired.
  6        (8)  Exceptions. This section does not apply when any pesticide is applied
  7    on an agricultural establishment in the following circumstances:
  8        (a)  For mosquito abatement, Mediterranean fruit fly eradication, or simi-
  9        lar wide-area public pest control programs sponsored by governmental enti-
 10        ties;
 11        (b)  On livestock or other animals or in or about animal premises;
 12        (c)  On plants grown for other than commercial or research purposes, which
 13        may  include  plants in habitations, home fruit and vegetable gardens, and
 14        home greenhouses;
 15        (d)  On plants that are in ornamental gardens, parks, and public  or  pri-
 16        vate  lawns  and  grounds that are intended only for aesthetic purposes or
 17        climate modification;
 18        (e)  By injection  directly  into  agricultural  plants,  provided  direct
 19        injection  does not include "hack and squirt," "frill and spray," chemiga-
 20        tion, soil incorporation or soil injection;
 21        (f)  In a manner not directly related to the  production  of  agricultural
 22        plants  including, but not limited to, structural pest control, control of
 23        vegetation along rights-of-way and in other noncrop areas, and pasture and
 24        rangeland use;
 25        (g)  For control of vertebrate pests;
 26        (h)  As attractants or repellents in traps;
 27        (i)  On the harvested portions of agricultural plants or on harvested tim-
 28        ber; and
 29        (j)  For research uses of unregistered pesticides.
 30        (9)  The owner of an agricultural establishment is not required to provide
 31    the notices required in this section to himself or members  of  his  immediate
 32    family  who  are  performing  tasks  related to the production of agricultural
 33    plants on their own agricultural establishment.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                            RS 16144C1

Relating to pesticides and chemigation; amending Chapter 34, Title
22, Idaho Code, by the addition of a new Section, 22-3427, Idaho
Code, to require the posting of pesticide safety information for
agricultural workers; and amending Chapter 34, Title 22, Idaho Code
by the addition of a new Section 22-3428, Idaho Code, to require
the posting of pesticide application notices.

                           FISCAL NOTE

There will be no impact on the State General Fund.

Name: Representative Tom Trail 
      Representative Wendy Jaquet
Phone: (208) 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                             H 785