Frequently Asked Questions

Agricultural employers must make sure each worker has received pesticide safety training within the last 12 months before the worker performs any task in a treated area where, within the last 30 days, a pesticide was used or a restricted-entry interval was in effect (40 CFR 170.401(a)). The rule is part of the EPA Worker Protection Standard.

Exceptions. Training is not required for a worker who is a certified applicator of restricted use pesticides, who has completed handler training under 40 CFR 170.501, or who holds a qualifying crop advisor certification (40 CFR 170.401(b)).

How training is delivered. Training must be presented orally from written materials or audio-visually, in a place reasonably free from distraction. Training materials must be EPA-approved, and the training must be presented in a way workers can understand, such as through a translator. A qualified trainer must be present for the full session and answer questions (40 CFR 170.401(c)).

Topics. Required topics include where pesticides may be encountered, toxicity and exposure hazards, routes of entry into the body, signs and symptoms of poisoning, emergency first aid, how to obtain emergency medical care, and decontamination procedures (40 CFR 170.401(c)(3)).

Records. The agricultural employer must keep a record of each worker's training on the establishment for two years from the training date. The record must show the worker's printed name and signature, the date, the EPA-approved materials used, the trainer's name and qualifications, and the employer's name. Workers may request a copy (40 CFR 170.401(d)).

Related workplace training. The FAQ on what compliance training is covers how training records support audits. The FAQ on NIOSH vs. OSHA explains which agencies set other workplace safety rules. Recent EPA pesticide actions are covered in the news post on EPA's cancellation order for pesticide registrations under FIFRA.

Handlers. Handlers who mix, load or apply pesticides have separate training and age rules, covered in the FAQ on pesticide handler age and training rules.

Pesticide handlers and early entry workers must be at least 18 years old, and handler employers must train handlers within the last 12 months before any handler activity under the EPA Worker Protection Standard (40 CFR 170.309(c), 170.313(c) and 170.501(a)).

Age rule. Agricultural employers must make sure any handler and any early entry worker is at least 18 (40 CFR 170.309(c)). Commercial pesticide handler employers must make sure any handler they employ is at least 18 (40 CFR 170.313(c)).

Handler training. Before a handler performs any handler activity, the handler employer must make sure the handler was trained within the last 12 months. Training must use EPA-approved materials, be presented in a way handlers can understand and be led by a qualified trainer who stays for the full session (40 CFR 170.501(a) and (c)). Certified applicators of restricted use pesticides and qualifying crop advisors are exempt (40 CFR 170.501(b)).

Equipment. Commercial pesticide handler employers must instruct each handler in the safe operation of mixing, loading, transferring or application equipment before use. Before each day of use, the equipment must be inspected for leaks, obstructions and worn or damaged parts, and damaged equipment must be repaired or replaced (40 CFR 170.313(f) and (g)).

Emergency assistance. If a worker or handler may have been exposed to pesticides and needs emergency medical treatment, the agricultural employer must promptly make transportation available to a medical facility. The employer must also give treating staff the safety data sheets, product names, EPA registration numbers and active ingredients, and describe how the pesticide was used (40 CFR 170.309(f)).

Respirators. Handler training topics include the handler employer's duty to make sure handlers who must wear a respirator under the product labeling have received respirator fit testing, training and medical evaluation (40 CFR 170.501(c)(3)). The FAQ on NIOSH-approved respirator requirements explains how respirators are approved. Recent EPA pesticide actions are covered in the news post on EPA's cancellation order for pesticide registrations under FIFRA.

Workers. Farmworker training rules are covered in the FAQ on EPA Worker Protection Standard worker training.

A facility must comply with the hazardous chemical inventory reporting requirements in 40 CFR Part 370 if the OSHA Hazard Communication Standard requires it to prepare or have available a safety data sheet (SDS) for a hazardous chemical, and if either of the threshold conditions in 40 CFR 370.10(a) is met. A covered facility must submit its annual inventory by March 1 for the preceding calendar year (40 CFR 370.45). The requirement comes from Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA).

Where reports go. Reports go to the State Emergency Response Commission, the Local Emergency Planning Committee and the fire department with jurisdiction over the facility (40 CFR 370.44).

Thresholds. For an extremely hazardous substance, the threshold is 500 pounds or the threshold planning quantity, whichever is lower (40 CFR 370.10(a)(1)). For most other hazardous chemicals the threshold is 10,000 pounds (40 CFR 370.10(a)(2)(i)). Separate thresholds apply to gasoline and diesel at retail gas stations (40 CFR 370.10).

Tier I and Tier II. Tier I information is the federal minimum. A facility must submit Tier II information within 30 days of a request from the commission, committee or fire department (40 CFR 370.45(b)). EPA says most states require the Tier II form (EPA Tier II page). Tier II covers chemical names, maximum and average daily amounts, storage methods, locations and emergency contacts (40 CFR 370.42).

State rules. Some states require a state reporting format, including electronic reporting and certification (40 CFR 370.42), and some require Tier II information annually under state law. The regulation tells facilities to contact the State Emergency Response Commission for that state's reporting formats, procedures and forms (40 CFR 370.40(b) and (c)).

Related updates. EPA recently aligned EPCRA reporting with the 2024 OSHA hazard communication changes, as covered in the news post on EPA's technical amendments to EPCRA reporting. The FAQ on whether DOT-regulated employers are also regulated by OSHA explains overlapping duties.