N.J. Admin. Code § 7:30-12.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:30-12.4 - Worker entry restrictions

(a) After the application of any pesticide on an agricultural establishment, the agricultural employer shall not allow or direct any worker to enter or remain in the treated area before the restricted-entry interval specified on the pesticide labeling has expired and all treated area warning signs have been removed or covered, except as provided in this section.

1. Entry restricted areas in enclosed space production are specified in column D in Table 1, N.J.A.C. 7:30-12.3(b)4.

2. When two or more pesticides are applied at the same time, the restricted-entry interval shall be the longest of the applicable intervals.

3. The agricultural employer shall ensure that any worker who enters a treated area under a restricted-entry interval as permitted in (c), (d), and (e) below is provided with, and uses the personal protective equipment (PPE) specified in the pesticide labeling for early-entry workers as intended according to the manufacturer's instructions, and that the worker follows any other requirements on the pesticide labeling regarding early entry.

i. The PPE shall conform to the standards in (c)4 below.

ii. The PPE shall be maintained in accordance with (c)6 below.

iii. If the labeling of the pesticide to be applied states that protective eyewear is required, the agricultural employer shall provide at least one pint of water per worker in portable containers for eyeflushing. The water shall be immediately available to each worker who is performing early-entry activities.

iv. At the end of any early-entry activities the agricultural employer shall provide soap, single-use towels, and at least three gallons of water per worker at the site where the worker removes PPE, so that the worker may wash thoroughly.

4. The agricultural employer shall ensure that each worker is at least 18 years old.

5. Prior to early entry, the agricultural employer shall provide to each early-entry worker the information in (a)5i through viii below. The information shall be provided orally in a manner that the worker can understand.

i. Location of the early-entry area where work activities are to be performed.

ii. Pesticide(s) applied.

iii. Dates and times that the restricted-entry interval begins and ends.

iv. Which exception in (b) through (e) below is the basis for the early entry, and a description of tasks that may be performed under the exception.

v. Whether contact with treated surfaces is permitted under the exception.

vi. Amount of time the worker is allowed to remain in the treated area.

vii. PPE required by the pesticide labeling for early entry.

viii. Location of the pesticide safety information required by N.J.A.C. 7:30-12.6 and 12.9, and the location of the decontamination supplies required by N.J.A.C. 7:30-12.10.

6. Prior to early entry, the agricultural employer shall ensure that each worker either has read the applicable pesticide labeling or has been informed, in a manner that the worker can understand, of all labeling requirements and statements related to human hazards or precautions, first aid, and user safety.

7. The agricultural employer shall ensure that no worker is allowed or directed to wear PPE without first implementing measures sufficient to prevent heat-related illness, and that each worker is instructed in the prevention, recognition, and first aid treatment of heat-related illness.

(b) A worker may enter a treated area during a restricted-entry interval if the agricultural employer ensures that both of the following conditions are met:

1. The worker will have no contact with anything that has been treated with the pesticide to which the restricted-entry interval applies, including, but not limited to, soil, water, air, or surfaces of plants. This condition does not allow a worker to perform any activity that involves contact with treated surfaces even if the worker is wearing PPE.

2. No such entry is allowed until any inhalation exposure level listed in the pesticide labeling has been reached or any ventilation criteria established by N.J.A.C. 7:30-12.3(b)3 or in the pesticide labeling have been met.

(c) Exception for short-term activities. A worker may enter a treated area during a restricted-entry interval for short-term activities if the agricultural employer ensures that the following requirements are met:

1. No hand labor activity is performed;

2. The time in treated areas under a restricted-entry interval for any worker does not exceed one hour in any 24 hour period;

3. No such entry is allowed for the first four hours following the end of the application, and no such entry is allowed thereafter until any inhalation exposure level listed in the pesticide labeling has been reached or any ventilation criteria established by N.J.A.C. 7:30-12.3(b)3 or in the pesticide labeling have been met;

4. The PPE specified on the pesticide labeling for early entry is provided to the worker. Such PPE shall conform to the following standards:

i. PPE means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respiratory protection devices, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.

ii. Long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, and socks are not considered personal protective equipment for the purposes of this section and are not subject to the requirements of this section, although such work clothing shall be worn if required by the pesticide labeling.

iii. When "chemical-resistant" PPE is specified by the product labeling, it shall be made of material that allows no measurable movement of the pesticide being used through the material during use.

iv. When "waterproof" PPE is specified by the product labeling, it shall be made of material that allows no measurable movement of water or aqueous solutions through the material during use.

v. When a "chemical-resistant suit" is specified by the product labeling, it shall be a loose fitting, one or two piece, chemical-resistant garment that covers, at a minimum, the entire body except head, hands, and feet.

vi. When "coveralls" are specified by the pesticide labeling, they shall be a loose fitting, one or two piece garment that cover, at a minimum, the entire body except head, hands, and feet. A chemical-resistant suit may be substituted for coveralls and a chemical-resistant apron. If a chemical-resistant suit is substituted for coveralls, any labeling requirement for an additional layer of clothing beneath the coveralls is waived.

vii. Gloves shall be of the type specified by the pesticide labeling. Gloves made of leather, cotton, or other absorbent materials shall not be worn for early-entry activities, unless these materials are listed on the pesticide labeling as acceptable for such use. If chemical-resistant gloves with sufficient durability and suppleness are not obtainable, then during activities with plants with sharp thorns, leather gloves may be worn over chemical-resistant glove liners. However, once leather gloves are worn for this use, thereafter they shall be worn only with chemical-resistant liners, and they shall not be worn for any other use.

(1) Separable glove liners may be worn beneath chemical-resistant gloves, unless the pesticide labeling specifically prohibits their use. Separable glove liners are defined as separate glove-like hand coverings, made of lightweight material, with or without fingers. Work gloves made from lightweight cotton or poly-type material are considered to be glove liners if worn beneath chemical-resistant gloves. Separable glove liners may not extend outside the chemical-resistant gloves under which they are worn. Chemical-resistant gloves with nonseparable absorbent lining materials are prohibited.

(2) If used, separable glove liners shall be discarded immediately after a total of no more than 10 hours of use or within 24 hours of when they are first put on, whichever comes first. The liners shall be replaced immediately if they come in direct contact with a pesticide. Used glove liners shall not be reused. Contaminated liners shall be disposed of in accordance with any Federal, State, or local laws, rules, and regulations.

viii. When "chemical-resistant footwear" is specified by the pesticide labeling, it shall be one of the following types of footwear: chemical-resistant shoes, chemical-resistant boots, or chemical-resistant shoe coverings worn over shoes or boots. If chemical-resistant footwear with sufficient durability and a tread appropriate for wear in rough terrain is not obtainable, then leather boots may be worn in such terrain.

ix. When "protective eyewear" is specified by the pesticide labeling, it shall be one of the following types of eyewear: goggles; face shield; safety glasses with front, brow, and temple protection; or a full face respirator.

x. When "chemical-resistant headgear" is specified by the pesticide labeling, it shall be either a chemical-resistant hood or a chemical-resistant hat with a wide brim;

xi. When a ''chemical-resistant apron'' is specified by the pesticide labeling, it shall be a chemical resistant apron that covers the front of the body from mid-chest to the knees;

5. The agricultural employer shall ensure that:

i. Workers wear the PPE correctly for its intended purpose and use PPE according to manufacturer's instructions;

ii. Before each day of use, all PPE is inspected for leaks, holes, tears, or worn places, and any damaged equipment is repaired or discarded;

iii. PPE that cannot or will not be cleaned properly is made unusable as apparel or is made unavailable for further use by an employee or third party. The contaminated PPE shall be disposed of in accordance with any applicable Federal, State, and local regulations. Coveralls or other absorbent materials that have been drenched or heavily contaminated with a pesticide that has the signal word ''DANGER'' or ''WARNING'' on the label shall not be reused and shall be disposed of as specified in this paragraph. The employer shall ensure that any person who handles contaminated PPE described in this paragraph wears the gloves specified on the pesticide labeling for mixing and loading the pesticide(s) comprising the contaminant(s) on the equipment. If two or more pesticides are included in the contaminants, the gloves worn shall meet the requirements for mixing and loading each of the pesticides;

iv. All PPE is cleaned according to manufacturer's instructions or pesticide product labeling instructions before each day of reuse. In the absence of any such instructions, it shall be washed thoroughly in detergent and hot water;

v. Before being stored, all washed PPE is dried thoroughly before being stored or reused;

vi. PPE contaminated with pesticides is kept separate from non-contaminated PPE, other clothing, or laundry, and washed separately from any other clothing or laundry;

vii. Any person who cleans or launders PPE is informed that such equipment may be contaminated with pesticides, of the potentially harmful effects of exposure to pesticides, and the correct way(s) to handle and clean PPE and to protect themselves when handling equipment contaminated with pesticides;

viii. All clean PPE is stored separately from personal clothing and apart from pesticide-contaminated areas;

ix. Each worker is instructed how to put on, use, and remove the PPE and is informed about the importance of washing thoroughly after removing PPE; and

x. Workers have a clean place(s) away from pesticide storage and pesticide use areas for storing personal clothing not in use; putting on PPE at the start of any exposure period; and removing PPE at the end of any exposure period;

6. When PPE is required by the labeling of any pesticide for early entry, the agricultural employer shall ensure that no worker is allowed or directed to perform early-entry activity without implementing, when appropriate, measures to prevent heat related illness;

7. During any early-entry activity, the agricultural employer shall provide a decontamination site in accordance with N.J.A.C. 7:30-12.10; and

8. The agricultural employer shall not allow or direct any worker to wear home or take home PPE contaminated with pesticides.

(d) A worker may enter a treated area under a restricted-entry interval in an agricultural emergency to perform tasks, including hand labor tasks, necessary to mitigate the effects of the agricultural emergency, if the agricultural employer ensures that all of the following criteria are met:

1. The Department, Pesticide Control Program, declares an agricultural emergency that applies to the treated area or the agricultural employer determines the agricultural establishment is subject to circumstances that were previously declared an agricultural emergency;

2. The agricultural employer determines that the agricultural establishment is subject to the circumstances that result in an agricultural emergency;

3. The requirements of (c)3 through 8 above are met;

4. If the labeling of any pesticide applied to the treated area requires workers to be notified of the location of treated areas by both posting and oral notification, then the agricultural employer shall ensure that no individual worker spends more than four hours out of any 24-hour period in treated areas where such a restricted-entry interval is in effect;

5. No such entry is allowed during the first four hours after the application ends; and

6. No such entry is allowed until any inhalation exposure level listed in the pesticide labeling has been reached or any ventilation criteria required pursuant to N.J.A.C. 7:30-12.3(b)3 or the pesticide labeling have been met.

(e) A worker may enter a treated area during a restricted-entry interval for limited contact or irrigation activities, if the agricultural employer ensures that all of the following requirements are met:

1. No hand labor activity is performed;

2. No worker is allowed in the treated area for more than eight hours in a 24-hour period;

3. No such entry is allowed during the first four hours after the application ends;

4. No such entry is allowed until any inhalation exposure level listed in the pesticide labeling has been reached or any ventilation criteria required pursuant to N.J.A.C. 7:30-12.3(b)3 or the pesticide labeling have been met;

5. The task is one that, if not performed before the restricted-entry interval expires, would cause substantial economic loss, and there are no alternative tasks that would prevent substantial loss;

6. With the exception of irrigation tasks, the need for the task could not have been foreseen;

7. The worker has no contact with pesticide-treated surfaces, other than minimal contact with feet, lower legs, hands, and forearms; and

8. The labeling of the pesticide that was applied does not require that workers be notified of the location of treated areas by both posting and oral notification.

N.J. Admin. Code § 7:30-12.4

Amended by 52 N.J.R. 756(a), effective 4/6/2020