Establishes standards for farm worker protection at any agricultural site where pesticides have been or will be applied; requires mandatory testing for pesticides; requires personal protective equipment to be provided to workers; provides education to workers and their families about the hazards of pesticides; requires additional on-site protective measures; requires the department of health to issue an annual report of all farm inspections on or before March first to the governor and legislature.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5028
SPONSOR: Englebright (MS) TITLE OF BILL: An act to amend the public health law, in relation to
farm worker protection
PURPOSE OR GENERAL IDEA OF THE BILL: The bill incorporates the feder-
al Worker Protection Standard and adds additional requirements for
protection of farmworkers from pesticide exposures. The federal Worker
Protection Standard requires the following:
* Applicators are prohibited from applying pesticides in a way that will
expose workers or other persons. Workers are excluded from areas while
pesticides are being applied.
* Restricted-entry intervals must be specified on all agricultural
pesticide product labels. Workers are excluded from entering a pesticide
treated area during the restricted entry interval, with only narrow
exception.
* Personal protective equipment must be provided and maintained for
handlers and early-entry workers.
* Workers must be notified about treated areas so they may avoid inad-
vertent exposures.
* Handlers and workers must have an ample supply of water, soap and
towels for routine washing and emergency decontamination.
* Transportation must be made available to a medical care facility if a
worker or handler may have been poisoned or injured. Information must be
provided about the pesticide to which the person may have been exposed.
* Pesticide safety training is required for all workers and handlers,
and a pesticide safety poster must be displayed.
* Handlers and workers must be informed of pesticide label requirements.
Central posting of recent pesticide applications is required.
In addition, farm owners or operators must:
* conduct mandatory testing for presence of organophosphate pesticides
for all handlers of pesticides, including applicators and mixers of
pesticides, within one week of the workers' arrival of these workers at
the agricultural site and within one week of their departure from the
site;
* provide personal protection equipment which has been fit-tested to all
individuals who are or may be required to wear such equipment in the
course of their work, which must be readily available to these workers;
* provide education and information to farm workers and their families
about the hazards of exposure to pesticide, how to avoid such exposures
to children, personal clothing and possessions, and what to do if pesti-
cide exposure or contamination occurs.
* report every incidence of pesticide exposure to farmworkers and their
families to the State Department of Health, whether by direct exposure
to pesticide applications or from drift of pesticides from the applica-
tion site. This reporting must occur within 24 hours of such pesticide
exposure and must include the day and time of day the exposure occurred
and the pesticides to which the individuals were exposed;
* provide on-site washing machines for workers to clean pesticide-conta-
minated clothing, which are separate from clothes washing facilities
used by families, and provide instruction in the proper care of clothing
contaminated with or exposed to pesticides;
* provide shower facilities for every five workers, with separate facil-
ities for males and females, for the removal of pesticides residues and
other contaminants;
* provide one or more public telephones for workers to report medical
emergencies, including pesticide exposures or contamination; and
* ensure that all new housing for farm workers is located at least fifty
feet from any field or site, except for enclosed facilities such as
greenhouses, which may be treated with pesticides. Existing housing
which does not comply with this paragraph must be replaced within five
years or cease to be used after that time.
The department must issue an annual report of all farm inspections by
March first to the governor and the legislature for the previous calen-
dar year, including compliance with the requirements contained herein;
enforcement actions, fines and penalties for non-compliance resulting
from such inspections; pesticide exposure or contamination reports to
the department of health.
JUSTIFICATION: The original Worker Protection Standard (WPS) was
issued by the Environmental Protection Agency (EPA) in 1992 to attempt
to overcome the inadequacy of previous regulations protecting agricul-
tural workers from pesticide exposure. NYS receives a modest grant from
EPA for enforcement of the WPS, hence there is little or no enforcement
of this important program. There are no State laws to protect farmwork-
ers and their families from the impact of agricultural pesticides.
Farmworkers are by far the most seriously individuals impacted by agri-
cultural pesticides. Not only do they work in direct proximity to fields
and buildings treated regularly with pesticides, they often live imme-
diately adjacent to these sites. Farmworkers and their families may be
directly or indirectly exposed (through pesticide drift) to agriculture
pesticides by virtue of where they live and work. Of the 25 most heavily
used agricultural pesticides, 11 have been classified by EPA as known or
probably human carcinogens, 17 cause genetic damage, 10 cause reproduc-
tive damage, 5 are toxic to the nervous system, and 18 are skin, eye or
lung irritants. More than 300,000 farm workers yearly suffer pesticide
related illnesses and exposed workers have higher incidence of leukemia,
prostate, stomach, skin, lip, pancreatic, kidney, lymphatic and blood
system cancers than other workers.
This bill incorporates not only the federal WPS, but requires other
actions by farm owners or operators to protect farmworkers and their
families. It is imperative to enact protections to these individuals,
who are essential to the production of agricultural commodities in this
State and yet suffer most significantly from their work.
PRIOR LEGISLATIVE HISTORY: A6106, 1999-2000. A5190, 2001-02.
02/10/03 referred to health (A.3639)
01/07/04 referred to health
05/19/04 reported referred to codes
05/20/04 amend and recommit to codes
05/20/04 print number 3639a
05/25/04 reported referred to rules
06/07/04 rules report ca1.820
06/07/04 ordered to third reading rules cal. 820 (A3639)
2005-06 A.2268 third reading
2007-08 A851 referred to ways and means
2009-10 A1586 referred to ways and means
2011-12 A4050 health
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: There will be
costs associated with the review of regulations, standards and guidance
to take into account the policies and requirements of this bill.
EFFECTIVE DATE: The law takes effect November 1 next succeeding the
date it becomes a law.
STATE OF NEW YORK
________________________________________________________________________
5028
2013-2014 Regular Sessions
IN ASSEMBLY
February 14, 2013
___________
Introduced by M. of A. ENGLEBRIGHT, ORTIZ, GOTTFRIED, SCHIMEL -- Multi-
Sponsored by -- M. of A. COLTON, COOK, PERRY -- read once and referred
to the Committee on Health
AN ACT to amend the public health law, in relation to farm worker
protection
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 1331 to read as follows:
3 § 1331. Farm worker protection. 1. The following requirements shall be
4 met at any agricultural site to which pesticides have or will be
5 applied. Farm owners or operators shall:
6 a. Conduct or cause to have conducted mandatory testing for the pres-
7 ence of organophosphate pesticides for all handlers of pesticides,
8 including applicators and mixers of pesticides. This testing shall be
9 conducted within one week of the arrival of such workers at the agricul-
10 tural site and within one week of the departure of such workers from the
11 site;
12 b. Provide personal protection equipment which has been fit-tested to
13 all individuals who are required or may be required to wear such equip-
14 ment in the course of their work, and which is readily available to any
15 worker needing to wear or use such equipment;
16 c. Provide education and information to farm workers and their fami-
17 lies about the hazards of exposure to pesticides, how to avoid such
18 exposures to children, personal clothing and possessions, and what to do
19 if pesticide exposure or contamination occurs;
20 d. Report to the department every incident of pesticide exposure to
21 farmworkers or their families, whether by direct exposure to pesticide
22 applications or from drift of pesticides from the application site. Such
23 reporting shall occur within twenty-four hours of such pesticide expo-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08836-01-3
A. 5028 2
1 sure and shall include the day and time of day the exposure occurred and
2 the pesticides to which the individuals were exposed;
3 e. Provide on-site washing machines for workers to clean pesticide-
4 contaminated clothing, which are separate from clothes washing facili-
5 ties used by families. The farm owner or operator shall be responsible
6 to provide instruction in the proper care of clothing contaminated with
7 or exposed to pesticides;
8 f. Provide one shower facility for every five workers, with separate
9 facilities for males and females, for the removal of pesticides residues
10 and other contaminants;
11 g. Provide one or more public telephones for workers to report medical
12 emergencies, including pesticide exposures or contamination; and
13 h. Ensure that all new housing for farm workers is located at least
14 fifty feet from any field or site, except for enclosed facilities such
15 as greenhouses, which may be treated with pesticides. Existing housing
16 which does not comply with this paragraph shall be replaced within five
17 years or cease to be used after that time.
18 2. The department shall issue an annual report of all farm inspections
19 on or before March first to the governor and the legislature for the
20 previous calendar year, including compliance with the requirements
21 contained in this section; enforcement actions, fines and penalties for
22 non-compliance resulting from such inspections; and pesticide exposure
23 or contamination reports submitted to the department.
24 § 2. This act shall take effect on the first of November next succeed-
25 ing the date on which it shall have become a law.
