The aerial application business is a commercial pesticide handler employer (CPHE), also known as a custom applicator. While you have the responsibility to provide protections to your employed workers and pesticide handlers, the CPHE has the responsibility to provide protections to their employed pesticide handlers (i.e., pilots).
The CPHE must provide you with information about any pesticide applications planned on your agricultural establishment. This exchange of information will give you the opportunity to inform your employees and contracted laborers. In addition, you need the information for record-keeping and the central display area.
To allow you to inform workers on the establishment about an ongoing or planned pesticide application, the CPHE must inform the agricultural employer of the following:
The CPHE must provide you with updated information prior to application when there are any changes to:
If the product information changes or there are other changes to the date, start and end time, the CPHE must provide you with the updated information within 2 hours after completing the application.
In the unlikely event that the aerial applicator will enter or walk on the establishment, you must provide certain information to the CPHE about treated areas. The purpose of this exchange of information is to ensure that commercial pesticide handlers are aware of areas under active Restricted-entry intervals (REIs) close to where he/she will be working.
Based on the information provided by the CPHE, you must post the treated site with designated WPS warning signs and/or provide oral warnings to your own workers with specific information on the location and description of any treated areas under an REI, the dates and times of restricted entry and instructions to stay out of the treated areas.
Additionally, you must record and display the pesticide application record(s) and safety data sheets for each pesticide application conducted by the CPHE if you have workers or handlers on that will be on your establishment within 30 days of the application.
It is your responsibility to keep workers and others out of the treated area and out of the application exclusion zone (AEZ) during pesticide applications. All pesticide applications conducted by fixed wing aircraft or helicopter must have an AEZ of 100 feet in all directions from the aircraft as it makes the application.
A pesticide cannot be applied, or a suspended application cannot be resumed, while any worker or other person on the establishment is within the AEZ on your own property or you will be in violation of the WPS.