Charles H. Bronson, Commissioner    -    Anderson H. (Andy) Rackley, Director

Bureau of Compliance Monitoring

Florida Agricultural Worker Safety Program

Agricultural Workers Safety
 

Overview

The Bureau of Compliance Monitoring implements an agricultural workers safety program to protect individuals from occupational exposure to pesticides.  This program focuses on agricultural workers, but all individuals who work with pesticides or in environments where pesticides have been used are encouraged to take the necessary precautions to prevent pesticide exposure.

Florida Agricultural Worker Safety Act

The Florida Agricultural Worker Safety Act (FAWSA) became effective in July 1, 2004.  Its intent is to ensure that agricultural workers employed in Florida receive protection from agricultural pesticides and are given information concerning agricultural pesticides.  The law is implemented and enforced by the Florida Department of Agriculture and Consumer Services (FDACS).

The specific provisions of FAWSA are as follows:

Pesticide dealers, distributors, manufacturers, and importers selling agricultural pesticides must provide a Material Safety Data Sheet (MSDS) to the purchaser upon initial purchase of each agricultural product and upon first purchase after an MSDS has been updated.   Effective July 1, 2005, the MSDS may be provided in written, printed, or electronic format.  Subsequent purchases of the same product from the same dealer do not require an MSDS to be provided to the purchaser unless the MSDS has been updated.

Agricultural employers must make available to farm workers upon request either an MSDS or fact sheet approved by the state or federal government in written format which provides information about the impacts of the use of the agricultural pesticide.  The required pesticide safety information must be made available to any worker who

  • enters an agricultural area where an agricultural pesticide has been applied or a restricted entry interval (REI) has been in effect within the past 30 days, or
  • may be exposed to an agricultural pesticide during normal conditions of use or in a foreseeable emergency.  The language in the FAWSA regarding the time period of the REI is not clear; therefore, the language in the federal Worker Protection Standard for Agricultural Pesticides (“within the last 30 days”) has been adopted.  

The MSDS or fact sheet must be made available to the worker within 2 working days of request by a worker or designated representative.  In the case of a pesticide-related medical emergency, the MSDS or fact sheet must be provided in written format promptly upon request by a worker, a designated representative, or medical personnel treating a worker.  If no MSDS was provided at the time an agricultural product was purchased, or if for any reason the agricultural employer does not have the appropriate MSDS or fact sheet, the agricultural employer must take timely steps to obtain an MSDS or fact sheet.  Most agricultural pesticide MSDS’s are available from the website http://www.cdms.net.  Other possible sources are pesticide manufacturers, the FDACS Pesticide Registration Section phone number (850) 487-2130, EPA, pesticide distributors and dealers.

FDACS must make available to trainers a one page general agricultural safety sheet.  The safety sheet must be in a language understood by the worker and must include

  • illustrated instructions on preventing pesticide exposure and
  • toll free telephone numbers to the Florida Poison Control Centers.  The Pesticide Safety Sheet is already available from FDACS in English, Spanish, and Creole/Haitian and is provided to trainers upon request to distribute to workers during training pursuant to the Worker Protection Standard (WPS).

The FAWSA prohibits the agricultural employer from taking any retaliatory action against employees who attempt to exercise their rights under this bill.  Agricultural workers who have been subject to retaliatory action may file a complaint with FDACS.  In any action brought forth that involves retaliatory action, if the retaliatory action is predicated on the disclosure by a worker of an illegal action, policy, or practice, the worker may not be required to show that the disclosure was under oath or in writing or that the worker notified the employer in writing of the illegal action, policy, or practice.  FDACS is required to monitor all complaints of retaliation received and report its findings to the Legislature on or before October 1, 2008.  The report will include descriptions and summaries of the circumstances surrounding the complaints and subsequent actions taken.

A FAWSA Summary (English Version/Spanish Version) document is available which contains the above information plus definitions of terms used in the legislation. For the full text of FAWSA, see the Laws and Regulations section below

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Federal Worker Protection Standard (WPS)

The federal Worker Protection Standard for Agricultural Pesticides (WPS) was implemented by EPA in 1992. Its goal is to ensure the health and safety of agricultural workers and pesticide handlers who work on agricultural establishments.

The Florida Department of Agriculture and Consumer Services (FDACS) is the state agency that implements and enforces this federal regulation in Florida.  The Division of Agricultural Environmental Services, Bureau of Compliance Monitoring is responsible for outreach, compliance assistance, interpretive guidance, enforcement and limited training.

WPS requires employers to take several precautionary steps to help prevent their employees from being exposed to pesticides. These steps include but are not limited to:
  • providing pesticide safety training to agricultural workers and pesticide handlers they employ;
  • providing personal protective equipment and decontamination supplies to employees in order to minimize the risk of pesticide exposure; and
  • providing information to employees so they know when, where and what pesticides have been applied.

The types of establishments covered under WPS are very specific. They include farms that produce agricultural crops, such as oranges, peanuts, watermelons, etc. Also covered under WPS are greenhouses and plant nurseries. These establishments produce agricultural crops such as flowers, ferns and ornamentals. Forestry operations that grow trees for the production of wood fiber or timber are also covered under the WPS.  The following areas are not covered by WPS:  golf courses, pasture lands, vertebrate pests, mosquito control, dwellings and other structures, and lawn and landscape maintenance.

Only pesticides designed for use in the production of agricultural plants are covered under the WPS.  If a pesticide is covered under WPS, it will be stated on the label under the "Agricultural Use Requirements" section of the pesticide label. If a pesticide with WPS labeling is used on an agricultural establishment covered by the standard, WPS requirements must be complied with.

The Quick Overview of the Worker Protection Standard summarizes key WPS definitions and requirements.  For the full text of the federal Worker Protection Standard, see Laws and Regulations below.

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WPS Train the Trainer Program

The purpose of the Worker Protection Standard (WPS) Train the Trainer Program is to develop a working population of knowledgeable WPS trainers of agricultural workers and pesticide handlers.

Anyone can become a Florida certified WPS trainer by attending a WPS Train the Trainer class given by Florida Cooperative Extension Service or FDACS personnel.  Those who attend an authorized Train the Trainer class are certified by FDACS to train agricultural workers and pesticide handlers in accordance with the WPS.   A WPS Train the Trainer certificate will be provided to all certified WPS trainers.  There are no certification fees or renewal requirements associated with becoming a certified WPS trainer.

Train the trainer programs are usually given at local Cooperative Extension Service Offices, normally on an as needed basis. For an online directory of Cooperative Extension Service Office, go to http://www.ifas.ufl.edu/extension/cesmap.htm.  Or you may contact the FDACS Worker Safety Coordinator at wps@doacs.state.fl.us for more information.

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EPA WPS Training Verification Cards

Participants of WPS Train the Trainer classes are eligible to distribute EPA WPS training verification cards to the agricultural workers (“workers”) and pesticide handlers (“handlers”) they train if they first sign a WPS Trainer Agreement with FDACS.  The worker cards are blue, and the handler cards are green.

Trainers who sign WPS Trainer Agreements must comply with all requirements listed in the agreement, including keeping a record of each individual trained and the card number and type issued to each individual.  It may be necessary for FDACS to review training records to verify WPS training for individuals.

Trainers must also submit an annual report to FDACS by February 1 each year to indicate how many EPA WPS training verification cards were issued the previous year.  An Annual WPS Training Card Report form is available for use or trainers may submit the information in another format.

EPA WPS training verification cards are available to certified trainers at no charge.  Cards may be ordered by contacting the FDACS Worker Safety Coordinator at wps@doacs.state.fl.us and indicating how many of each card type (worker or handler) are needed.

Any trainers (certified or not) may obtain training materials from FDACS or EPA to distribute to individuals they train.  See Worker Safety Outreach Materials below for more information about available training materials.

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Worker Safety Outreach Materials

FDACS distributes training materials to WPS trainers, agricultural employers, agricultural workers and pesticide handlers in limited quantities at no cost as long as supplies are available.  Please see our Order Form for WPS Materials to see what is available.

Some worker safety materials are produced by FDACS and some are produced by EPA.   The Order Form for WPS Materials indicates which materials are produced by FDACS (and available only through FDACS).  The other materials listed are available either from EPA or FDACS.   Before ordering, please read the paragraphs below regarding quantity limitations and how to order.

FDACS  Materials –  Worker safety materials produced by FDACS, such as the Pesticide Safety Sheet, will be supplied in quantities of no more than 50 copies of each item at a time (if available in stock). 

EPA Materials – FDACS can provide EPA materials if available in stock.  Large quantities can be ordered directly from EPA at 1-888-663-2155 or through the EPA National Agricultural Compliance Assistance Center at web site http://www.epa.gov/agriculture. 

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Forms and Documents

Laws and Regulations

FAWSA:

WPS:

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Links

Contact Us

Worker Safety Outreach:

FDACS Bureau of Compliance Monitoring
Attn:  Sonia I. Cotto-Febo (Se habla Espaņol)
Worker Safety Coordinator
UF/IFAS Pesticide Information Office
Post Office Box 110710
Gainesville, Florida  32611-0710
(352) 392-4721 (Gainesville)
(386) 418-5523 (Alahcua)
(352) 846-0206 (fax)
Email:  wps@doacs.state.fl.us

Worker Safety Complaints:

Florida Farm Worker Help Line
1-(800) 633-3572

or:

FDACS Bureau of Compliance Monitoring
Attn:  Rafael H. Pérez (Se habla Espaņol)
Referral Coordinator
3125 Conner Boulevard, Bldg. 8 (L-29)
Tallahassee, Florida  32399-1650
(850) 488-3314 (telephone)
(850) 922-6931 (fax)
Email:  perezr@doacs.state.fl.us

Worker Safety Enforcement:

FDACS Bureau of Compliance Monitoring
Attn:  Supervisor, Case Review Section
3125 Conner Boulevard, Bldg. 8 (L-29)
Tallahassee, Florida  32399-1650
(850) 488-5872 (telephone)
(850) 922-2134 (fax)
Email:  bryantc@doacs.state.fl.us

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