Agricultural Establishments that Qualifying owners and immediate family Qualify for the Exemption members MUST COMPLY WITH ALL WPS respirator requirements. The exemption allowed in the WPS applies only to the owners and their immediate family Whenever a respirator is required to be worn by members, defined below, on any agricultural the product’s labeling, the correct respirator speci- establishment where a majority of the fied by the label must be used. At no cost to the establishment is owned by one or more members of the same family. employee, the handler employer must also provide each handler employee with the following: WPS EXEMPTIONS FOR Majority of the establishments means that OWNERS OF more than 50% of the equity in the • medical evaluation—by a physician or other establishment is owned by one or more licensed health care professional AGRICULTURAL members of the same immediate family. • annual fit testing, and ESTABLISHMENTS & THEIR • annual respirator training IMMEDIATE FAMILY If a majority of an agricultural establishment is owned by one or more The handler employer must keep records of the (aka ‘family farm’ exemptions) members of the same family and the remaining portion of ownership is owned medical proof of the medical evaluation, fit testing, by members of another family, then the and respirator training for two years from the date exemption applies to both families. conducted for each handler.

WPS Definition of Immediate Family For a complete explanation of WPS requirements Includes only the following individuals: please contact us or visit our website for links Spouse, parents, stepparents, foster parents, to additional WPS resources. father-in-law, mother-in-law, children, step- thinkfirstspraylast.org The WPS is a federal regulation issued by the children, foster children, sons-in-law, daughters- Environmental Protection Agency (EPA). It is in-law, brothers-in-law, sisters-in-law, aunts, designed to protect agricultural workers and uncles, nieces, nephews, and first cousins. pesticide handlers on farms, forests, nurseries, ‘First cousin’ means the child of a parent’s and greenhouses from occupational pesticide sibling. exposure.

Maine Board of Pesticides Control The WPS exempts owners of agricultural establishments and members of their Tel. 207-287-2731 immediate family from certain requirements. Email: pesticides@ maine.gov 28 State House Station, It is important to note that: Augusta, ME 04333 No agricultural establishments that use thinkfirstspraylast.org WPS-labeled pesticide products are completely exempt from the WPS requirements.

Owners and Immediate family must comply with the following WPS requirements:

• Follow all requirements for respirator • Keep everyone, including members of the

training, fit testing, medical evaluation, immediate family, away from the treated

and recordkeeping when a respirator is area and the application exclusion zone required by the pesticide labeling. during an application. • Ensure that any pesticide applied is used • Any handler making an application on the in a manner consistent with the product’s establishment must suspend a pesticide labeling. application if a worker or other person is in • Use all PPE listed on pesticide labeling. the application exclusion zone during the Owners and their immediate • Ensure pesticide is applied so that it does application. family members that qualify for the not contact anyone, including immediate • Keep immediate family members out of a exemption must still comply with family members. treated area until an REI expires. many WPS requirements.

Qualifying owners must provide the following WPS protections to all non-family workers/handlers:

• Ensure minimum age for handlers and • Keep records of pesticide application and • Provide continuous visual or voice contact early entry workers. hazard information as required by the WPS. during fumigant applications or • Provide emergency assistance. • Ensure equipment used for mixing, loading, applications with a skull and crossbones • Display maintain and provide access to and applying pesticides are inspected for symbol on the front, unless directed to by pesticide safety and hazard information. leaks, clogs, worn/damaged parts and make product label directions. • Provide WPS training for workers and the needed repairs prior to use. • Provide instruction on how to prevent, handlers before they perform any related • Ensure knowledge of labeling, application- recognize, and treat heat related illness. tasks. specific, and establishment-specific • Maintain decontamination sites and information. supplies. • Provide instructions on the use of personal • Provide oral and posted notifications of protective equipment (PPE); inspect, clean, worker entry restrictions. store and maintain PPE. • Provide instruction in the safe operation of equipment used for mixing, loading, transferring, and applying pesticides.