The Small Agricultural Employer Advisory Committee was reconvened in March 2017 to discuss three rules proposed last year, but not adopted into Division 4/W, Agriculture/Worker Protection Standard with recent amendments adopted in February 2017.
The committee was asked to consider possible changes to draft rules: OAR 437-004-6405 Compliance Alternative for Protected Spaces; 437-004-6406 Spray Drift; and, 40 CFR 170.405(a) Entry restrictions associated with pesticide applications. All three draft rules concern aspects of the application exclusion zone (AEZ).
(Jun. 11, 2018) Worker Protection Standard rules adopted in February 2017 from phase I are finalized, formatted, and available. The recently adopted phase II is available under adopted rules, and the finalized formatted version will be available soon.
(July 2, 2018)
Application Exclusion Zone FAQ
Overview of additional Oregon OSHA protective measures
Oregon OSHA administers the worker safety and health parts of the pesticide Worker Protection Standard (WPS -- 40 CFR 170) in the Agriculture rules as Division 4\W. In response to the Environmental Protection Agency (EPA)'s recent changes to the WPS at the federal level, Oregon OSHA, working with the SAEAC, initiated rule-making in March of 2016, and proposed Oregon’s revisions in October, 2016.
On February 14, 2017, Oregon OSHA adopted most of the proposed WPS revisions from 40 CFR 170.301 through 170.607 into our rules “by reference.” However, Oregon OSHA ‘s adopted rules do not include all sections of the EPA’s revised rules; and include six new Oregon Administrative Rules (OARs) that reflect specific requirements for employers in Oregon.
In addition, Oregon OSHA announced that it will reconsider some details of the 2016 WPS proposal through a separate public rulemaking process centered on the EPA’s new Application Exclusion Zone (AEZ) requirements and Oregon OSHA’s compliance alternatives for protected spaces. Working again with the SAEAC, the expected result will be a revised proposal initiated in time for it to take effect with the other modified sections of the WPS.
Due in part to the separate 2017 rulemaking, and in order to ease the transition to the modified rule requirements, Oregon OSHA is delaying implementation and enforcement of all the modified WPS requirements until Jan. 1, 2018. The adopted rules are available on our adopted rules page.
Through December 31, 2017, Oregon OSHA will continue to enforce compliance with Subparts A, B, and C of the unchanged WPS rules (Division 4/W, 170.1 through 170.260.)
Worker Protection Standard reference information
Comparison of old and new rule requirements
FAQs about revised rules and the application exclusion zone (AEZ).