N.J. Admin. Code § 7:30-12.20

Current through Register Vol. 56, No. 16, August 19, 2024

Section 7:30-12.20 - Handler personal protective equipment

(a) Any person who performs tasks as a pesticide handler shall use the clothing and PPE specified on the labeling for the use of the product.

(b) Personal protective equipment (PPE) means devices and apparel that are worn to protect the body from contact with pesticides or pesticide residues, including, but not limited to, coveralls, chemical-resistant suits, chemical-resistant gloves, chemical-resistant footwear, respiratory protection devices, chemical-resistant aprons, chemical-resistant headgear, and protective eyewear.

1. Long-sleeved shirts, short-sleeved shirts, long pants, short pants, shoes, socks, and other items of work clothing are not considered PPE for the purposes of this subchapter and are not subject to the requirements of this section, although pesticide labeling may require that such clothing be worn during some activities.

(c) When personal protective equipment is specified by the labeling of any pesticide for any handling activity, the handler employer shall provide the appropriate PPE in clean and operating condition to the handler.

1. When "chemical-resistant" PPE is specified by the product labeling, it shall be made of material that allows no measurable movement of the pesticide being used through the material during use.

2. When "waterproof" PPE is specified by the product labeling, it shall be made of material that allows no measurable movement of water or aqueous solutions through the material during use.

3. When a "chemical-resistant suit" is specified by the product labeling, it shall be a loose-fitting, one or two piece chemical-resistant garment that covers, at a minimum, the entire body except head, hands, and feet.

4. When "coveralls" are specified by the product labeling, they shall be a loose-fitting, one or two piece garment, such as a cotton or cotton and polyester coverall, that covers at a minimum, the entire body except head, hands, and feet. The pesticide product labeling may specify that the coveralls be worn over another layer of clothing.

5. Gloves shall be of the type specified by the product labeling. Gloves or glove linings made of leather, cotton, or other absorbent material shall not be worn for handling activities unless such materials are listed on the product labeling as acceptable for such use.

6. When "chemical-resistant footwear" is specified by the product labeling, one of the following types of footwear shall be worn:

i. Chemical-resistant shoes;

ii. Chemical-resistant boots; or

iii. Chemical-resistant shoe coverings worn over shoes or boots.

7. When "protective eyewear" is specified by the product labeling, one of the following types of eyewear shall be worn:

i. Goggles;

ii. A face shield;

iii. Safety glasses with front, brow, and temple protection; or

iv. A full-face respirator.

8. When a "chemical-resistant apron" is specified by the product labeling, an apron that covers the front of the body from mid-chest to the knees shall be worn.

9. If a pesticide label requires that a specific respirator be worn, then that respirator shall be used. Further, the handler employer shall ensure that the requirements of (c)9i, ii, and iii below are met before the handler performs any handler activity where the pesticide label requires a respirator to be worn.

i. Handler employers shall provide handlers with fit testing using the respirator specified on the pesticide product labeling in a manner that conforms to the provisions of the Occupational Safety and Health Administration (OSHA) requirements for respiratory protection at 29 CFR 1910.134, incorporated herein by reference, as supplemented or amended.

ii. Handler employers shall provide handlers with training in the use of the respirator specified on the pesticide product labeling in a manner that conforms to the provisions of OSHA respiratory protection at 29 CFR 1910.134(k)(1)(i) through (vi).

iii. Handler employers shall provide handlers with a medical evaluation by a physician or other licensed health care professional that conforms to the provisions of OSHA respiratory protection at 29 CFR 1910.134 to ensure the handler's physical ability to safely wear the respirator specified on the pesticide product labeling.

iv. The handler employer shall maintain for three years, on the establishment, records documenting the completion of the requirements of (c)9i, ii, and iii above.

10. When "chemical-resistant headgear" is specified by the product labeling, it shall be either a chemical-resistant hood or a chemical-resistant hat with a wide brim.

(d) The following are exceptions to personal protective equipment specified on the pesticide labeling:

1. Concerning body protection.

i. A chemical-resistant suit may be substituted for "coveralls," and any requirement for an additional layer of clothing beneath is waived.

ii. A chemical-resistant suit may be substituted for "coveralls" and a chemical-resistant apron.

2. If chemical-resistant footwear with sufficient durability and a tread appropriate for wear in rough terrain is not obtainable, then leather boots may be worn in such terrain.

3. If chemical-resistant gloves with sufficient durability and suppleness are not obtainable, then during handling activities with roses or other plants with sharp thorns, leather gloves may be worn over chemical-resistant glove liners. However, once leather gloves are worn for this use, thereafter they shall be worn only with chemical-resistant liners and they shall not be worn for any other use.

4. When pesticides are being mixed or loaded using a closed system that meets all of the requirements in (d)4iii below, and the handler employer demonstrates that the requirements of (d)4iv below have been met, the exceptions to labeling-specified PPE for the handling activity are permitted as provided in (d)4i and ii below.

i. Handlers using a closed system to mix or load pesticides with a signal word of DANGER or WARNING may substitute a long-sleeved shirt, long pants, shoes, socks, chemical-resistant apron, protective eyewear, and any protective gloves specified on the labeling for handlers for the labeling-specified PPE.

ii. Handlers using a closed system to mix or load pesticides other than those in (d)4i above may substitute protective eyewear, a long-sleeved shirt, long pants, shoes, and socks for the labeling-specified PPE.

iii. The exceptions in (d)4i and ii above apply only in the following situations:

(1) Where the closed system removes the pesticide from its original container and transfers the pesticide product through connecting hoses, pipes, and couplings that are sufficiently tight to prevent exposure of handlers to the pesticide product, except for the negligible escape associated with normal operation of the system.

(2) When intact, sealed, water soluble packaging is loaded into a mixing tank or system. If the integrity of a water-soluble packaging is compromised (for example, if the packaging is dissolved, broken, punctured, torn, or in any way allows its contents to escape), it is no longer a closed system and the labeling-specified PPE shall be worn.

iv. The exceptions in (d)4i and ii above apply only where the handler employer has satisfied the requirements for handler employers in this subchapter and the following conditions:

(1) The handler employer shall provide, for each closed system, written operating instructions that are clearly legible and include: operating procedures for use, including the safe removal of a probe; maintenance, cleaning, and repair; known restrictions or limitations relating to the system, such as incompatible pesticides, sizes (or types) of containers, or closures that cannot be handled by the system; any limits on the ability to measure a pesticide; and special procedures or limitations regarding partially-filled containers.

(2) The written operating instructions for the closed system shall be available at the mixing or loading site and shall be made available to any handlers who use the system.

(3) Any handler operating the closed system shall be trained in its use and operate the closed system in accordance with its written operating instructions.

(4) The closed system shall be cleaned and maintained as specified in the written operating instructions and, as needed, to make sure the system functions properly.

(5) All PPE specified in the pesticide product labeling is immediately available to the handler for use in an emergency.

5. If handling tasks are performed from inside a vehicle's enclosed cab, exceptions to PPE specified on the product labeling for that handling activity are permitted as provided in (d)5i, ii, and iii below.

i. Handlers occupying an enclosed cab may substitute a long-sleeved shirt, long pants, shoes, and socks for the labeling-specified PPE for skin and eye protection. If a respiratory device other than that described in (d)5ii below is specified on the product labeling for the handling activity, it shall be worn.

ii. If the pesticide labeling requires applicators to wear a particulate filtering face-piece respirator (NIOSH approval number prefix TC-84A) or a respirator with a dust/mist (particulate) filter as the only respiratory protection, then that respirator need not be worn inside the enclosed cab if the enclosed cab has a properly functioning air ventilation system that is used and maintained in accordance with the manufacturer's written operating instructions.

iii. Handlers occupying an enclosed cab shall have all PPE required by the pesticide labeling immediately available and stored in a sealed container to prevent contamination. They shall wear such PPE if it is necessary to exit the cab within a treated area during application or when a restricted-entry interval is in effect. Once PPE is worn in the treated area, it shall be removed before reentering the cab to prevent contamination of the cab.

6. Chemical-resistant gloves shall be worn when entering or leaving an aircraft contaminated by pesticide residues. In the cockpit, the gloves shall be kept in an enclosed container to prevent contamination of the inside of the cockpit.

i. Persons occupying an open cockpit shall use the personal protective equipment specified in the product labeling for use during application, except that chemical-resistant footwear need not be worn. A helmet may be substituted for chemical-resistant headgear. A helmet with a face shield lowered to cover the face may be substituted for protective eyewear.

ii. Persons occupying an enclosed cockpit may substitute a long-sleeved shirt, long pants, shoes, and socks for labeling-specified PPE.

7. If the conditions in (d)7i, ii, and iii below are met, crop advisors and their employees entering treated areas to perform crop advising tasks while a restricted-entry interval is in effect may substitute either of the following sets of PPE for the PPE specified on the pesticide labeling for handler activities, the personal protective equipment specified on the pesticide label for early entry or coveralls, shoes plus socks, and chemical-resistant gloves made of any waterproof material, and eye protection if the pesticide labeling requires protective eyewear for handlers.

i. The application has been completed for at least four hours;

ii. No such entry is allowed until any inhalation exposure level listed in the pesticide labeling has been reached or any ventilation criteria required by N.J.A.C. 7:30-12.4(c)3 or in the labeling have been met; and

iii. The crop advisor or crop advisor employee who enters a treated area during a restricted-entry interval performs only crop advising tasks while in the treated area.

(e) The handler employer shall assure that PPE is used correctly for its intended purpose and is used according to the manufacturer's instructions.

1. The handler employer shall assure that, before each day of use, all PPE is inspected for leaks, holes, tears, or worn places, and any damaged equipment is repaired or discarded.

(f) The handler employer shall ensure that all PPE is cleaned according to the manufacturer's instructions or pesticide labeling instructions before each day of reuse. In the absence of any such instructions, it shall be washed thoroughly in detergent and hot water.

1. If any PPE cannot, or will not, be cleaned properly, the handler employer shall ensure that the contaminated PPE is made unusable as apparel or is made unavailable for further use by employees or third parties. The handler employer shall dispose of the PPE in accordance with any applicable Federal, State, or local regulations. Coveralls or other absorbent materials that have been drenched or heavily contaminated with a pesticide that has the signal word DANGER or WARNING on the label shall not be reused and shall be disposed of as specified in this paragraph. Handler employers shall ensure that any person who handles contaminated PPE described in this paragraph wears the gloves specified on the pesticide labeling for mixing and loading the product(s) comprising the contaminant(s) on the equipment. If two or more pesticides are included in the contaminants, the gloves worn shall meet the requirements for mixing and loading all of the pesticide products. Handler employers shall ensure that any person who handles contaminated PPE described in this paragraph wears the gloves specified on the pesticide product labeling for mixing and loading the product(s) comprising the contaminant(s) on the equipment. If two or more pesticides are included in the contaminants, the gloves worn shall meet the requirements for mixing and loading each of the pesticide products.

2. The handler employer shall ensure that contaminated PPE is kept separately from non-contaminated PPE, other clothing, or laundry, and washed separately from any other clothing or laundry.

3. The handler employer shall ensure that all clean PPE shall be dried thoroughly before being stored or reused.

4. The handler employer shall assure that all PPE is stored separately from personal clothing and apart from pesticide contaminated areas.

5. The handler employer shall ensure that when dust/mist (particulate) filtering facepiece respirators or a respirator with a dust/mist (particulate) filter are used, the filters shall be replaced when one of the following conditions is met:

i. When breathing resistance becomes excessive;

ii. When the filter element has physical damage or tears;

iii. According to manufacturer's recommendations or pesticide product labeling, whichever is more frequent; or

iv. In the absence of any other instructions or indications of service life, at the end of each day's work period.

6. The handler employer shall ensure that when gas or vapor-removing respirators are used, the gas or vapor-removing canisters or cartridges shall be replaced before further respirator use when one of the following conditions is met:

i. At the first indication of odor, taste, or irritation;

ii. When breathing resistance becomes excessive;

iii. When required according to the manufacturer's recommendations or pesticide labeling, whichever is more frequent;

iv. When the maximum use time is reached as determined by a change schedule conforming to the provisions of the Occupational Safety and Health Administration regulations at 29 CFR 1910.134(d) (3)(iii)(B)(2); or

v. In the absence of any other instructions or indications of service life, at the end of each day's work period.

7. The handler employer shall inform any person who cleans or launders PPE:

i. That such equipment may be contaminated with pesticides;

ii. Of the potentially harmful side effects of exposure to pesticides;

iii. Of the correct way(s) to clean PPE and to protect themselves when handling such equipment; and

iv. Of the proper decontamination procedures that should be followed after handling contaminated personal protective equipment.

8. The handler employer shall ensure that handlers have a clean place(s) away from pesticide storage and pesticide use areas where they may:

i. Store personal clothing not worn during handling activities;

ii. Put on PPE at the start of any exposure period; and

iii. Remove PPE at the end of any exposure period.

9. The handler employer shall not allow or direct any handler to wear home or take home employer-provided PPE contaminated with pesticides.

(g) When the use of personal protective equipment is specified by the labeling of any pesticide for the handling activity, the handler employer shall assure that no handler is allowed or directed to perform the handling activity unless appropriate measures are taken, if necessary, to prevent heat-related illness.

N.J. Admin. Code § 7:30-12.20

Amended by 52 N.J.R. 756(a), effective 4/6/2020