Understanding The Top 10 Pesticide Violations From Last Year

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For the safety of your employees, it is critical correct PPE is worn and fits properly.

The California Department of Pesticide Regulation (DPR) regularly releases data on the most common pesticide violations, offering valuable insight into regulatory priorities and areas where agricultural operations should focus their compliance efforts. Understanding these trends helps businesses stay ahead of potential risks, improve workplace safety and avoid costly penalties. While the industry continues to face recurring challenges, reviewing this information can help determine whether your operation is meeting regulatory standards. If not, take proactive steps to address compliance gaps before an inspector arrives. Using this information to make necessary corrections now can help prevent fines, operational disruptions and potential enforcement actions.

1. Labeling and Permit Conditions
All pesticides registered with the U.S. EPA include the phrase: “It is a violation of Federal law to use this product in a manner inconsistent with its labeling.” In other words, the label is the law!

Common violations under FAC §12973 include:
• Not following the application requirements listed on the pesticide product label.
• Applying a pesticide to a site or crop not listed on the pesticide product label.
• Using a pesticide in a manner that conflicts with the registered labeling delivered with the pesticide or any conditions of a restricted material permit issued by the commissioner.

2. Personal Protective Equipment (PPE)
Employers must provide all PPE required by pesticide labeling, regulations and restricted material permit conditions. They must also ensure daily inspection, cleaning and repair or replacement of worn, damaged, or heavily contaminated PPE. Additionally, all PPE not in use must be stored separately from personal clothing in a clean, pesticide-free designated area.

Common violations under 3 CCR §6738 include:
  Not using PPE correctly and for its intended purpose.
• Using damaged or contaminated PPE.
• The employer failing to provide PPE.

3. Registration in County
Anyone intending to advertise, solicit, or operate as a pest control business in California must be registered annually with the County Agricultural Commissioner (CAC) in each county where they provide business services.

Common violations under FAC §11732 include:
• Performing pest control activities in a county before registering with the County Agricultural Commissioner.

4. Emergency Medical Care
If an employer suspects an employee has a pesticide-related illness or exposure, the employee must be taken to medical care immediately. Employers must be prepared to provide medical professionals with:

• The Safety Data Sheets (SDS)
• Product name(s)
• U.S. EPA registration number(s) and active ingredient(s)
Circumstances of application or use that may have resulted in exposure

This information is critical in determining the proper treatment for employees. Ensure this information is readily available in an emergency.

Common violations under 3 CCR §6726 include:
• Not taking employees suspected of a pesticide illness to a medical care facility immediately.
• Emergency medical care information is missing or not posted at the worksite or work vehicle.

5. Service Container Labeling
All service containers must have a label that includes:
• The name and address of the person or company responsible for the container.
• The identity of the pesticide in the container.
• The signal word “Danger,” “Warning” or “Caution” that corresponds with the precautionary statement on the original container.

Growers on their own property are exempt from this requirement unless they travel on public rights-of-way.

Common violations under 3 CCR §6678 include:
• Not including the signal word on the service container label.
• Not including the name of the company or person responsible for the container on the label.

6. Application-Specific Information for Fieldworkers
Common violations under CCR §6766 include:
• Not displaying the Application-Specific Information before any fieldworkers enter the treated field.
• Not displaying the date and time the application started and ended on the Application-Specific Information.

7. Handler Training
Common violations under CCR §6724 (b-e) include:
• Employers not having records of training that occurred within the last two years.
• Training did not include any new pesticides that were being handled.

8. Hazard Communication for Fieldworkers
Common violations under 3 CCR §6761 include:
• Not updating medical information within 24 hours of a change.
• Employers failing to inform employees of the location of pesticide use records before they enter treated fields.
• Not maintaining pesticide use records and not having SDSs for pesticides accessible to employees.

9. Notice of Intent
Common violations under 3 CCR §6434 include:
• Failure to submit a Notice of Intent prior to application and/or not submitting it at least 24 hours before application.

10. Licenses and Permits
Common violations under FAC §117014 include:
• Providing pest control services without a valid pest control business license.

Staying Compliant
Staying compliant with pesticide regulations requires ongoing attention to detail, from properly labeling containers to ensuring workers have the right protective equipment. Regularly checking records, updating training materials and verifying required postings are in place can prevent compliance issues. If you have questions about your pesticide compliance program, contact AgSafe for guidance on meeting regulatory requirements efficiently.

If you have specific questions regarding your pesticide compliance program, policies or best practices, please contact the AgSafe team at 209-526-4400 or email safeinfo@agsafe.org.

AgSafe is a 501(c)(3) nonprofit providing training, education, outreach and tools in the areas of safety, labor relations, pesticide compliance and human resources for the agricultural community. Since 1991, AgSafe has educated over 150,000 employers, supervisors and workers about these critical issues.