Washington Administrative Code

Agricultural employers must:(1) Ensure that any pesticide is used in a manner consistent with the pesticide product labeling, including the requirements of this part, when applied on the agricultural establishment.(2) Ensure that each worker and handler subject to this part recei…

(1) Display of pesticide safety information. Whenever pesticide safety information and pesticide application and hazard information are required to be provided under WAC 296-307-10825(8), pesticide safety information must be legible and displayed in accordance with this subsectio…

Commercial pesticide handler employers must:(1) Ensure that any pesticide is used in a manner consistent with the pesticide product labeling, including the requirements of this part, when applied on an agricultural establishment by a handler employed by the commercial pesticide h…

No agricultural employer, commercial pesticide handler employer, or other person involved in the use of a pesticide to which this part applies, shall intimidate, threaten, coerce, or discriminate against any worker or handler for complying with or attempting to comply with this p…

(1) RCW 15.58.150 (2)(c) provides that it is unlawful for any person "… to use or cause to be used any pesticide contrary to label directions …." When 40 C.F.R., Part 170 is referenced on a label, users must comply with all of its requirements, except those that are inconsistent …

[Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.280 and chapter 49.17 RCW. WSR 19-21-169, § 296-307-109, filed 10/22/19, effective 2/3/20.]

(1) General requirement. Before any worker performs any task in a treated area on an agricultural establishment where within the last 30 days a pesticide product has been used or a restricted-entry interval for such pesticide has been in effect, the agricultural employer must ens…

Before any worker performs any activity in a treated area on an agricultural establishment where within the last thirty days a pesticide product has been used, or a restricted-entry interval for such pesticide has been in effect, the agricultural employer must ensure that the wor…

(1) Outdoor production pesticide applications.(a) During any outdoor production pesticide application, the agricultural employer must not allow or direct any worker or other person, other than an appropriately trained and equipped handler involved in the application, to enter or …

(1) After the application of any pesticide to an area of outdoor production, the agricultural employer must not allow or direct any worker to enter or to remain in the treated area before the restricted-entry interval specified on the pesticide product labeling has expired and al…

(1) General requirement. The agricultural employer must notify workers of all entry restrictions required in WAC 296-307-10915 and 296-307-10920 in accordance with this section.(a) Type of notification required:(i) Double notification. If the pesticide product labeling has a stat…

(1) Requirement. The agricultural employer must provide decontamination supplies for routine washing and emergency decontamination in accordance with this section for any worker on an agricultural establishment who is performing an activity in an area where a pesticide was applie…

[Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.280 and chapter 49.17 RCW. WSR 19-21-169, § 296-307-112, filed 10/22/19, effective 2/3/20.]

(1) General requirement. Before any handler performs any handler activity involving a pesticide product, the handler employer must ensure that the handler has been trained in accordance with this section within the last 12 months, except as provided in subsection (2) of this sect…

(1) Knowledge of labeling and application-specific information.(a) The handler employer must ensure that before any handler performs any handler activity involving a pesticide product, the handler either has read the portions of the labeling applicable to the safe use of the pest…

(1) Prohibition from contacting workers and other persons with pesticides during application. The handler employer and the handler must ensure that no pesticide is applied so as to contact, directly or through drift, any worker or other person, other than an appropriately trained…

(1) Handler responsibilities. Any person who performs handler activities involving a pesticide product must use the clothing and personal protective equipment specified on the pesticide product labeling for use of the product, except as provided in WAC 296-307-11420.(2) Employer …

(1) Requirement. The handler employer must provide decontamination and eye flushing supplies in accordance with this section for any handler that is performing any handler activity or removing personal protective equipment at the place for changing required in WAC 296-307-11220 (…

[Statutory Authority: RCW 49.17.040, 49.17.050, 49.17.280 and chapter 49.17 RCW. WSR 19-21-169, § 296-307-114, filed 10/22/19, effective 2/3/20.]

(1) Exemption for owners of agricultural establishments and their immediate families.(a) On any agricultural establishment where a majority of the establishment is owned by one or more members of the same immediate family, the owner(s) of the establishment and, where specified in…

An agricultural employer may direct workers to enter treated areas where a restricted-entry interval is in effect to perform certain activities as provided in this section, provided that the agricultural employer ensures all of the applicable conditions of this section and WAC 29…

If an agricultural employer directs a worker to perform activities in a treated area where a restricted-entry interval is in effect, all of the following requirements must be met:(1) The agricultural employer must ensure that the worker is at least 18 years old.(2) Prior to early…

(1) Body protection.(a) A chemical-resistant suit may be substituted for coveralls. If a chemical-resistant suit is substituted for coveralls, any labeling requirement for an additional layer of clothing beneath the coveralls is waived.(b) A chemical-resistant suit may be substit…

[WSR 97-09-013, recodified as § 296-307-145, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. WSR 96-22-048, § 296-306A-145, filed 10/31/96, effective 12/1/96.]

(1) If the employer applies pesticides, or has pesticides applied, related to the production of an agricultural crop, the employer must keep records for each application. The records must include the following:(a) The address or exact location where the pesticide was applied or s…

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 04-13-129, § 296-307-14510, filed 6/22/04, effective 8/1/04. WSR 97-09-013, recodified as § 296-307-14510, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060…

Employer responsibility:To implement a monitoring program for employees who, as part of their job duties, handle category I or II organophosphate or N-methyl-carbamate pesticides with the words "DANGER" or "WARNING" on the label.Definition:Handle and handler. Employees who are en…

(1) The employer must maintain accurate records of all time that each employee spends handling category I or II organophosphate or N-methyl-carbamate pesticides (this includes employees who do not meet the handling hour thresholds in WAC 296-307-14810).(2) The employer must provi…

The employer must implement a medical monitoring program for their employees who handle or will be expected to handle category I or II organophosphate or N-methyl-carbamate pesticides for thirty or more hours in any consecutive thirty-day period.Notes:1. The employer does not nee…

(1) The employer must identify a physician or other licensed health care professional (LHCP) who will:(a) Provide baseline and periodic cholinesterase testing through the department of health public health laboratory or a laboratory approved by the department of labor and industr…

(1) The employer must make medical monitoring available to employees who will meet the handling hour threshold of 30 or more hours in any consecutive 30-day period (WAC 296-307-14810) at no cost and at a reasonable time and place, as follows:(a) Provide annual baseline red blood …

The employer must respond to an employee's depressed cholinesterase levels by:(1) Taking the actions required in Table 1;AND(2) Following any additional occupational health recommendations from the LHCP.Table 1Required Responses to an Employee'sDepressed Cholinesterase LevelsWhen…

(1) The employer must provide medical removal protection benefits for a maximum of three months on each occasion:(a) An employee is temporarily removed from work due to depressed cholinesterase levels;OR(b) Assigned to other duties due to depressed cholinesterase levels.(2) The e…

(1) The employer must make sure that the following records are maintained:(a) The name, address, and telephone number of the physician or LHCP.(b) Written recommendations and opinions received from the physician or LHCP.(c) Findings of all work practice investigations.(d) Dates w…

The employer must make sure employees have received training before initial medical monitoring. The training must include at least the following: (1) The human health hazards and physical symptoms of overexposure to organophosphate and N-methyl-carbamate cholinesterase-inhibiting…

The department will implement and complete an evaluation of this rule by doing the following:(1) Organize a scientific team to oversee collection and analysis of data collected during 2004 and 2005. L&I will select representatives of the University of Washington, Washington State…

[WSR 97-09-013, recodified as § 296-307-150, filed 4/7/97, effective 4/7/97. Statutory Authority: RCW 49.17.040, [49.17.]050 and [49.17.]060. WSR 96-22-048, § 296-306A-150, filed 10/31/96, effective 12/1/96.]

WAC 296-307-150 does not apply to the construction, reconstruction, operation, or maintenance of overhead electrical conductors (and their supporting structures and associated equipment) by authorized and qualified electrical employees. It also does not apply to authorized and qu…

(1) All exposed overhead conductors must be isolated from accidental contact by employees or equipment.(2) Irrigation pipe must not be stored within one hundred feet of overhead conductors.(3) Upending irrigation pipe within one hundred feet of overhead conductors is prohibited.(…

The employer must post and maintain in plain view of the operator on each derrick, power-shovel, drilling-rig, hay loader, hay stacker, or similar apparatus with parts that are capable of vertical, lateral or swinging motion, a durable warning sign legible at twelve feet that say…

The employer must notify the operator of high-voltage lines when any operations are to be performed, tools or materials handled, or equipment is to be moved or operated within ten feet of any high-voltage line. All required safety measures must be completed before proceeding with…

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, and 49.17.060. WSR 15-13-092, § 296-307-161, filed 6/15/15, effective 7/16/15. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050 and 1999 c 374. WSR 00-06-081, § 296-307-161, filed 3/1/00, effective 3/1/00.…

(1) Purpose. This part is adopted by the Washington state department of labor and industries to implement the provisions of chapter 49.17 RCW and establish minimum health and safety requirements for temporary worker housing and cherry harvest camps.(2) Applicability. This part ap…

The following definitions apply throughout this chapter unless the context clearly indicates otherwise:(1) Agricultural employee. Any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activi…

(1) The department of health or the department of labor and industries may provide technical assistance to assist in compliance with this chapter if requested by an operator.(2) The department of labor and industries will only provide technical assistance to cherry harvest camps …

(1) Operator-supplied dwelling unit capacity will be based on:(a) The square footage of the floor space in habitable rooms provided for sleeping purposes as described in WAC 296-307-16145(13) and Table 1 of this section; and(b) The number of bathing, food handling, handwashing, l…

(1) Conditions may exist in operations that a state standard will not have practical use. The director of the department of labor and industries may issue a variance from the requirements of the standard when another means of providing equal protection is provided. The substitute…

(1) The operator must locate and operate a TWH site to prevent a health or safety hazard that is:(a) Adequately drained and any drainage from and through the TWH must not endanger any domestic or public water supply;(b) Free from periodic flooding and depressions in which water m…

(1) An operator shall develop and implement a written TWH management plan that must include:(a) A safety plan that includes:(i) Emergency information, including site name and address, emergency contact phone numbers, location of local emergency services, and the department of hea…

(1) The operator must provide a safe and reliable supply of drinking water from an approved Group A or Group B public water system meeting the requirements of:(a) WAC 246-358-025 (2)(d), chapters 246-290 and 246-291 WAC; or(b) Local board of health rules.(2) The operator must ens…