Handler

Handler means any person, including a self-employed person, who is employed by an agricultural employer or commercial pesticide handler employer and performs any of the following activities:

  1. Mixing, loading, or applying pesticides.
  2. Disposing of pesticides.
  3. Handling opened containers of pesticides, emptying, triple-rinsing, or cleaning pesticide containers according to pesticide product labeling instructions, or disposing of pesticide containers that have not been cleaned. The term does not include any person who is only handling unopened pesticide containers or pesticide containers that have been emptied or cleaned according to pesticide product labeling instructions.
  4. Acting as a flagger.
  5. Cleaning, adjusting, handling, or repairing the parts of mixing, loading, or application equipment that may contain pesticide residues.
  6. Assisting with the application of pesticides.
  7. Entering an enclosed space after the application of a pesticide and before the inhalation exposure level listed in the labeling has been reached or one of the ventilation criteria established by 170.405(b)(3)* or the labeling has been met to operate ventilation equipment, monitor air levels, or adjust or remove coverings used in fumigation.
  8. Entering a treated area outdoors after application of any soil fumigant during the labeling-specified entry-restricted period to adjust or remove coverings used in fumigation.
  9. Performing tasks as a crop advisor during any pesticide application or restricted-entry interval, or before the inhalation exposure level listed in the pesticide product labeling has been reached or one of the ventilation criteria established by 170.405(b)(3)* or the pesticide product labeling has been met.

170.405(b): Enclosed space production pesticide applications. (1) During any enclosed space production pesticide application described in column A of the Table under paragraph (b)(4) of this section, 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 to remain in the area specified in column B of the Table under paragraph (b)(4) of this section during the application and until the time specified in column C of the Table under paragraph (b)(4) of this section has expired.

(2) After the time specified in column C of the Table under paragraph (b)(4) of this section has expired, the area subject to the labeling-specified restricted-entry interval and the post-application entry restrictions specified in 170.407** is the area specified in column D of the Table under paragraph (b)(4) of this section.

**170.407: Worker entry restrictions after pesticide applications.

*(3) When column C of the Table under paragraph (b)(4) of this section specifies that ventilation criteria must be met, ventilation must continue until the air concentration is measured to be equal to or less than the inhalation exposure level required by the labeling. If no inhalation exposure level is listed on the labeling, ventilation must continue until after one of the following conditions is met:

  1. Ten air exchanges are completed.
  2. Two hours of ventilation using fans or other mechanical ventilating systems.
  3. Four hours of ventilation using vents, windows, or other passive ventilation.
  4. Eleven hours with no ventilation followed by one hour of mechanical ventilation.
  5. Eleven hours with no ventilation followed by two hours of passive ventilation.
  6. Twenty-four hours with no ventilation.

(4) The following Table applies to paragraphs (b)(1), (2), and (3) of this section.

Entry Restrictions During Enclosed Space Production Pesticide Applications

A. When a pesticide is applied: B. Workers and other persons, other than appropriately trained and equipped handlers, are prohibited in: C. Until: D. After the expiration of time specified in column C, the area subject to the restricted-entry interval is:
(1) As a fumigant Entire enclosed space plus any adjacent structure or area that cannot be sealed off from the treated area The ventilation criteria of paragraph (b)(3) of this section are met No post-application entry restrictions required by 170.407** after criteria in column C are met
(2) As a (i) Smoke, or (ii) Mist, or (iii) Fog, or (iv) As a spray using a spray quality (droplet spectrum) of smaller than medium (volume median diameter of less than 294 microns) Entire enclosed space The ventilation criteria of paragraph (b)(3) of this section are met Entire enclosed space
(3) Not as in (1) or (2), and for which a respiratory protection device is required for application by the pesticide product labeling Entire enclosed space The ventilation criteria of paragraph (b)(3) of this section are met Treated area
(4) Not as in (1), (2) or (3), and: (i) From a height of greater than 12 inches from the planting medium, or (ii) As a spray using a spray quality (droplet spectrum) of medium or larger (volume median diameter of 294 microns or greater) Treated area plus 25 feet in all directions of the treated area, but not outside the enclosed space Application is complete Treated area
(5) Otherwise Treated area Application is complete Treated area