N.J. Admin. Code § 7:30-12.5

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

Section 7:30-12.5 - Notice of applications to workers

(a) The agricultural employer shall notify workers of any pesticide application in an area of enclosed space production in accordance with the following:

1. When a pesticide with a restricted-entry interval on the pesticide labeling greater than four hours is applied, the agricultural employer shall post warning signs in accordance with (c) below.

2. When a pesticide with a restricted-entry interval on the pesticide labeling equal to or less than four hours is applied, the agricultural employer shall notify workers either by posting warning signs in accordance with (c) below or by providing workers with an oral warning in accordance with (d) below.

3. If the pesticide product labeling has a statement requiring both the posting of treated areas and oral notification to workers, the agricultural employer shall also provide oral notification of the application to the worker(s) in accordance with (d) below.

4. Notice need not be given to the worker if the agricultural employer can ensure that one of the following is met:

i. From the start of the application until the end of the restricted-entry interval, the worker(s) will not enter any area of the entire enclosed space; or

ii. The worker(s) was involved in the application of the pesticide(s) as a handler and is aware of all the information required pursuant to (d)1, 2, and 3 below.

(b) The agricultural employer shall notify workers of any pesticide application for outdoor production in accordance with the following:

1. When a pesticide with labeling that requires a restricted-entry interval greater than 48 hours is applied to an outdoor production area, the agricultural employer shall notify workers of the application by posting warning signs in accordance with (c) below.

2. When a pesticide with labeling that requires a restricted-entry interval equal to or less than 48 hours is applied to an outdoor production area, the agricultural employer shall notify workers of the application either by posting warning signs in accordance with (c) below or by providing workers with an oral warning in accordance with (d) below.

3. If the pesticide product labeling has a statement requiring both the posting of treated areas and oral notification to workers, the agricultural employer shall post signs in accordance with (c) below and shall provide oral notification of the application to the worker in accordance with (d) below.

4. Notice need not be given to a worker if the agricultural employer can ensure that one of the following is met:

i. From the start of the application to an outdoor production area until the end of the restricted-entry interval, the worker will not enter, work in, remain in, or pass through on foot the treated area or any area within one-quarter mile of the treated area on the agricultural establishment; or

ii. The worker was involved in the application of the pesticide as a handler and is aware of all information required by (d)1, 2, and 3 below.

(c) The agricultural employer shall post warning signs in accordance with the following criteria:

1. The warning signs shall match the following description:

i. The warning sign(s) shall have a white background;

ii. The words "DANGER" and "PELIGRO," plus "PESTICIDES" and "PESTICIDAS," shall be at the top of the sign; and the words "KEEP OUT" and "NO ENTRE," shall be at the bottom of the sign. Letters for all words shall be clearly legible;

iii. A circle containing an upraised hand on the left and a stern face on the right shall be near the center of the sign. The inside of the circle shall be red, except that the hand and a large portion of the face shall be in white;

iv. The length of the hand shall be at least twice the height of the smallest letters. The length of the face shall be only slightly smaller than the hand;

v. Additional information such as the name of the pesticide and the date of application may appear on the warning sign if it does not detract from the appearance of the sign or change the meaning of the required information. A black-and-white example of a warning sign meeting these requirements, other than the following size requirements in (c)2 below, follows:

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vi. The agricultural employer may replace the Spanish language portion of the warning sign with equivalent terms in an alternative non-English language, if that alternative language is the language read by the largest group of workers at that agricultural establishment who do not read English. The alternative language sign shall be in the same format as the original sign and conform to all other requirements of this section.

2. The standard warning sign shall be at least 14 inches by 16 inches in size, and the letters shall be at least one inch in height unless a smaller sign and smaller letters are necessary because the treated area is too small to accommodate a sign of this size. If a smaller sign is used, it shall meet the proportions and other requirements described in (c)1 above.

3. When posted in an outdoor production area, the signs shall be visible from all reasonably expected points of worker entry to the treated area, including at least each access road, each border with any worker housing area within 100 feet of the treated area, and each footpath and other walking route that enters the treated area. When there are no defined points of worker entry, signs shall be posted in the corners of the treated area or in any other location affording maximum visibility.

4. When standard signs are posted in an area of enclosed space production and the entire structure or space is subject to the restricted-entry interval specified on the pesticide labeling and the post-application entry restrictions specified in N.J.A.C. 7:30-12.4, the signs shall be posted so they are visible from all reasonably expected points of worker entry to the structure or space. When the standard signs are posted in a treated area of an enclosed space production and the treated area comprises only a portion of the structure or space, the signs shall be posted so they are visible from all reasonably expected points of worker entry to the treated area, including each aisle or other walking route that enters the treated area. When there are no usual points of worker entry to the treated area, signs shall be posted in the corners of the treated area or in any other location affording maximum visibility.

5. When smaller warning signs with ''DANGER'' and ''PELIGRO'' in letters at least 7/8 inch in height, remaining letters at least 1/2 inch in height, and a red circle at least three inches in diameter containing an upraised hand and a stern face, are posted, the signs shall be posted no farther than 50 feet apart around the perimeter of the treated area in addition to the locations specified in (c)3 and 4 above.

6. When smaller warning signs with ''DANGER'' and ''PELIGRO'' in letters at least 7/16 inch in height, remaining letters at least 1/4 inch in height, and a red circle at least one and a half inches in diameter containing an upraised hand and a stern face, are posted, the signs shall be posted no farther than 25 feet apart around the perimeter of the treated area in addition to the locations specified in (c)3 and 4 above.

7. The signs shall:

i. Be posted prior to, but no earlier than, 24 hours before the scheduled application of the pesticide;

ii. Remain posted throughout the application and any restricted-entry interval; and

iii. Be removed or covered within three days after the end of any application and any restricted-entry interval, whichever is later, except that signs may remain posted after the restricted entry-interval has expired, provided the following conditions are met:

(1) The agricultural employer instructs any workers on the establishment that may come within 1/4 mile of the treated area not to enter that treated area while the signs are posted; and

(2) The agricultural employer ensures that workers do not enter the treated area while the signs remain posted, other than as permitted by N.J.A.C. 7:30-12.4.

8. The signs shall remain visible and legible during the time they are posted.

9. When several contiguous areas are to be treated with pesticides on a rotating or sequential basis, the entire area may be posted. Worker entry, other than entry permitted by N.J.A.C. 7:30-12.4, is prohibited for the entire area while the signs are posted.

(d) The agricultural employer shall provide oral warnings to workers in a manner that the worker can understand. If a worker will be on the premises during the application, the warning will be given before the application takes place. Otherwise, the warning shall be given at the beginning of the worker's first work period during which the application is taking place or the restricted-entry interval for the pesticide is in effect. The warning shall consist of:

1. The location and description of the treated area subject to the entry restrictions during and after application;

2. The dates and times during which entry is restricted; and

3. Instructions not to enter the treated area or an application exclusion zone during application, and that entry to the treated area is not allowed until the restricted-entry interval has expired and all treated area warning signs have been removed or covered, except for entry permitted under N.J.A.C. 7:30-12.4.

N.J. Admin. Code § 7:30-12.5

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