Wisconsin Department of Agriculture, Trade and Consumer Protection.

November 30, 2016

This is the second of periodic newsletters to discuss changes to the federal Worker Protection Standard (WPS) that will take effect starting January, 2017. You can read past issues on our website.

New Training Requirements for Agricultural Workers

Untrained workers is the number one violation we find during our worker protection inspections. (Owners of agricultural establishments and their immediate family members are exempt from worker training.) Let’s go into some detail about the revised training requirements that will take effect starting January 2, 2017. • There is no grace period for WPS training! Before any worker enters a treated area on an agricultural establishment where a WPS-labeled pesticide product has been used within the last 30 days, each worker must have received WPS training within the last 12 months, unless the worker is currently:  o Certified as an applicator of restricted-use pesticides,  o Trained as a WPS handler within the last 12 months, or o Certified as a crop advisor • Train workers every 12 months (annually). • Only qualified trainers may provide training and must be present during the entire training program to respond to questions. You can’t turn on a DVD or video and leave. • Provide training in a language or manner the workers can understand, such as using a translator. • Training must be done in an area that is relatively free of distractions. • Present training using EPA-approved materials • Keep training records for 2 years. • Provide training records to worker employees upon request. • The amount of information provided at training will increase after January 2, 2018 and new training materials will be made available with the expanded content.

Who is a qualified trainer for workers?

Qualified trainers are those who:
• Are currently certified as a restricted-use pesticide applicator or
• Have completed an EPA-approved Train the Trainer course. There is an on-line course available through Iowa State University that is EPA-approved.

IMPORTANT: if you have completed the Iowa State Train the Trainer course prior to October 24, 2016, you must retake the course. Previous versions of the course were not EPA-approved. There is no charge and you do it at your convenience. Your other option is to become a certified pesticide applicator.

Also, if you attended the Train the Trainer course presented at the January 2014 Fresh Fruit and Vegetable Conference (presented by Glenn Nice, University of Wisconsin and Jane Larson, DATCP), you must either take the on-line course through Iowa State or become a certified pesticide applicator. At this time, we are not planning to offer a Train the Trainer course in Wisconsin.

What are EPA-approved training materials?

Approved training materials will carry an EPA approval number then you simply document the EPA-approval number from those materials to document your training.  Some existing training material can still be used through 2017. For example, if you used the “How to protect yourself from pesticides” training material for workers for your 2017 training, you would record the EPA approval number, EPA‐735‐B‐93‐002. NOTE: The WPS flip charts that trainers currently use for worker training can also be used through 2017. The approval number for the flip chart is EPA Worker PST 00011. Find links to new training videos available at the Pesticide Educational Resources Collaborative (PERC) website. There are worker training videos in English and Spanish and worker training videos in English and Spanish for forestry workers. The EPA-approval numbers are found with the videos. Other EPA-approved training materials are available on the EPA website.

What about training for pesticide handlers?

Training requirements for pesticide handlers are similar to workers.  Handlers must be trained annually using EPA-approved material. However, handlers who are certified pesticide applicators or certified crop advisors are exempt from training. Non-certified pesticide handlers can only be trained by certified pesticide applicators. At this time, there is no on-line Train the Trainer course for pesticide handler trainers. Certified applicators can use an approved handler training guide available from EPA.

Training Records

Wisconsin has always required recordkeeping for worker training and for handler training if needed. Starting in January 2017, EPA will require records of training but the recordkeeping elements differ from Wisconsin. At this time, you will need to combine the recordkeeping elements. You can adjust either the existing Wisconsin form or make your own form until one becomes available. Wisconsin also requires trainers to keep records. Continue to follow this requirement until further notice.

WPS Training Records – Wisconsin and EPA 
WISC: Employer keep training record for at least one year after employment ends.  
EPA: Employer keep training record for two years from date of training.
To Do: Keep an employee's training record for two years minimum then keep for at least one year until employment ends.

WISC: First and last name 
EPA: Printed name
To Do: Employee's first and last name, printed or typed

WISC: Permanent home address
EPA: Not required
To Do: As long as the employee's address is available in personnel records, no need to record.

WISC: Signed statement that training was received on date shown 
EPA: Signature and training date
To Do: Have a statement on the form that the employee's signature indicates that they received training on the date shown.

Add the following elements as they are required by EPA:
EPA: 
- Trainer name and documentation of their qualification (Certification number or Train the Trainer completion verification.)
- Ag employer name
- Identify which EPA-approved training materials were used for the training (include title of DVD, manual, flip chart, etc. and EPA approval number.)

Remember to provide copies of training records to trained persons upon request.

Trainer Records – Wisconsin 
Trainers must keep records with all of the above information and keep these records for five years. 

Training Manual Now Available

The Pesticide Educational Resources Collaborative (PERC) just published "National Worker Protection Standard: A Manual for Trainers of Agricultural Workers and Pesticide Handlers." This is a manual/reference for WPS trainers. It can be used to build familiarity with the WPS and training topics, to look up answers to difficult questions, and to explore effective training methods in preparation to deliver training. Plans are in motion to translate this manual into Spanish by the end of 2017. You can download the 262 page manual at the PERC website.

How to Comply Manuals

New How to Comply manuals are available online. I will have copies available at upcoming conference and trade shows like the 2017 Fresh Fruit and Vegetable conference and the 2017 Cranberry School.

For more information on Worker Protection, contact Jane Larson, worker protection specialist, jane.larson@wisconsin.gov, 608-224-4545.