Sec. 104. Pesticide-related worker protection standard
909 words·~4 min read·
/bill/118/s/4038/is/section-104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress finds and declares that the engagement for work of children younger than the age of 18 in the occupation of a pesticide handler is particularly hazardous for, and detrimental to the health and well-being of, such children. Not later than the date that is 1 year after the date of enactment of this Act, the Secretary of Labor shall revise part 570 of title 29, Code of Federal Regulations (as in effect on the date of enactment of this Act), to prohibit the engagement for work of a child under the age of 18 as a pesticide handler.
For purposes of this section, the term pesticide handler means, except as provided in subparagraph (B), an individual who— is a child worker performing work at an agricultural establishment or commercial pesticide handling establishment; and is— mixing, loading, transferring, or applying pesticides; disposing of pesticides or pesticide containers; handling opened containers of pesticides; acting as a flagger; cleaning, adjusting, handling, or repairing the parts of mixing, loading, or application equipment that may contain pesticide residues; assisting with the application of pesticides; entering a greenhouse or other enclosed area— after the application of a pesticide and before— the inhalation exposure level listed in the labeling has been reached; or one of the ventilation criteria described in paragraph (3), or in the labeling of the pesticide, has been met; and to— operate ventilation equipment; adjust or remove coverings used in fumigation; or monitor air levels; entering a treated area outdoors after application of any soil fumigant to adjust or remove soil coverings such as tarpaulins; performing tasks as a crop advisor— during any pesticide application; before— the inhalation exposure level listed in the labeling has been reached; or one of the ventilation criteria described in paragraph (3), or in the labeling of the pesticide, has been met; or during any restricted-entry interval; or performing any task or duty— described in the definition of the term handler in section 170.3 of title 40, Code of Federal Regulations (or any successor regulations); and not otherwise described in clauses
(i)through (ix). The term pesticide handler described under paragraph
(1)does not include any individual who is only handling pesticide containers that have been emptied or cleaned according to pesticide product labeling instructions or, in the absence of such instructions, have been subjected to triple-rinsing or its equivalent. The ventilation criteria described in this paragraph are the following: In the case of a pesticide applied as a fumigant, an individual may not be in the entire greenhouse (and any adjacent structure that cannot be sealed off from the treated area)— until the air concentration is measured to be equal to or less than the inhalation exposure level the labeling of the pesticide requires to be achieved; or in the case of a pesticide with no inhalation exposure level listed on the labeling, until after— ten air exchanges are completed; two hours of ventilation using fans or other mechanical ventilating systems; four hours of ventilation using vents, windows or other passive ventilation; eleven hours with no ventilation followed by 1 hour of mechanical ventilation; eleven hours with no ventilation followed by 2 hours of passive ventilation; or twenty-four hours with no ventilation. In the case of a pesticide applied as a smoke, mist, fog, or aerosol, an individual may not be in the entire enclosed area until the requirements in clause
(i)or
(ii)of subparagraph
(A)are met. In the case of a pesticide not otherwise covered by subparagraph
(A)or
(B)and for which a respiratory protection device is required by the product labeling for application, an individual may not be in the treated area until the requirements in clause
(i)or
(ii)of subparagraph
(A)are met. In the case of a pesticide that is not otherwise covered by subparagraph (A), (B), or
(C)and is applied from a height of not less than 12 inches from the planting medium, as a fine spray, or using spray pressure greater than 40 pounds per square inch, an individual may not be in the treated area (or any area that is 25 feet or less from the enclosed area) until the application of the pesticide is complete and all required re-entry intervals have been maintained. In the case of a pesticide that is not otherwise covered by subparagraph (A), (B), (C), or (D), an individual may not be in the treated area until the application of the pesticide is complete and all required re-entry intervals have been maintained. For purposes of paragraph (1): The term agricultural establishment means an establishment— that is an establishment described in the definition of the term agricultural establishment in section 170.3 of title 40, Code of Federal Regulations (or any successor regulations); and to which subpart C of part 170 of title 40, Code of Federal Regulations (or any successor regulations) applies. The term child worker has the meaning given the term worker in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). The term pesticide has the meaning given that term in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 ). The terms commercial pesticide handling establishment , crop advisor , farm , forest , fumigant , greenhouse , nursery , restricted-entry interval , and treated area have the meanings given such terms in section 170.3 of title 40, Code of Federal Regulations (or any successor regulations).
Connectionstraces to 2
Traces to 2 documents
U.S. Code
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources