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Statement of Need: The agricultural workforce may be exposed to pesticides and pesticide residues that have the potential to pose long- and short-term health risks. In addition, families may potentially be exposed through secondary exposure to pesticide residues. These direct and indirect exposures have the potential to pose long- and short-term health risks. Implementing the Worker Protection Standards (WPS) is a key part of EPA's strategy for reducing occupational exposures to agricultural pesticides. The WPS is designed to protect employees on farms, forests, nurseries, and greenhouses from occupational exposures to agricultural pesticides; and offers protections to approximately 2.5 million agricultural workers (people involved in the production of agricultural plants) and pesticide handlers (people who mix, load, or apply pesticides) that work at over 600,000 agricultural establishments. Although EPA has taken a number of steps to ensure effective national implementation of and compliance with the WPS regulation, the need to consider potential changes to the WPS arose from EPA discussions with key stakeholders beginning in 1996. Since that time, EPA has held several public meetings throughout the country during which written and verbal comments identified issues and concerns with the existing requirements.

Summary of the Legal Basis: EPA establishes standards for protecting agricultural workers from potential exposure to pesticides and pesticide residues under the authority of sections 2 through 35 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 USC 136-136y, and particularly section 25(a), 7 USC 136w(a).

Alternatives: In implementing the existing WPS, EPA has addressed identified deficiencies in the existing regulation through non-regulatory means whenever possible. For example, the Agency has developed improved training materials that are sector-specific and in multiple languages; improved capacity for outreach; a train-the-trainer program; health care practitioner (HCP) curricula to train HCPs on pesticide exposure identification and treatment; and a bilingual manual for HCPs to use in identifying pesticide poisonings. The Agency also provides financial support for pesticide safety training. Changes under consideration for the WPS regulation are necessary improvements but will not replace these non-regulatory measures. In fact, EPA intends to consider continued support for and potential additions to these and other potential non-regulatory measures that may contribute to improving protections and compliance.

Anticipated Costs and Benefits: EPA is currently evaluating the incremental costs and benefits of the changes under consideration and will present the EPA estimates in the proposed rule. In general, EPA anticipates that the potential incremental benefits will likely accrue to workers and handlers through improved health outcomes, and that the potential incremental costs will involve revised requirements for agricultural employers.

Risks: Agricultural workers and pesticide handlers are at risk from pesticide exposure through their work activities, and may put their families at risk of secondary exposures. These exposures can pose significant long- and short-term health risks that are difficult to quantify in terms of a specific level of risk because workers and handlers are potentially exposed to a wide range of pesticides with varying toxicities and risks.