Family Exemption to the Worker Protection Standard

• There is no WPS exemption for 'family farms' in their entirety;
• The 'agricultural establishment' itself is NOT exempt from the WPS requirements;
• This exemption only covers the establishment owner(s) and their immediate family members;
• There is no owner/immediate family exemption for commercial pesticide handling establishments;
• No agricultural establishments that uses WPS-covered pesticides are completely exempt from WPS requirements;
• Even owners and their immediate family members that qualify for the exemption must comply with certain WPS requirements;
• Owners of agricultural establishments must still provide ALL of the required WPS protections for anyone on the establishment that is not an immediate family member.

Immediate family includes: spouses, parents, step-parents, foster parents, fathers-in-law, mothers-in-law, children, step-children, foster children, sons-in-law, daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and first cousins. "First cousin" means the child of an aunt or uncle.

What requirements apply, even for the majority owners' immediate family members?

When using a WPS-labeled pesticide product, owners and their immediate family members must comply with these elements:

• When respirators are required on the pesticide labeling, follow WPS requirements for respirator training, medical evaluation, fit testing, and recordkeeping.
• Use the PPE listed on pesticide labeling.
• Keep immediate family members out of the treated area until the REI expires.
• Ensure pesticide is applied so it does not contact anyone, including members of the immediate family.
• Keep everyone away from the treated area during the application and the application exclusion zone (AEZ).
• After January 1, 2018, any handler must suspend a pesticide application if a worker or other person is in the AEZ during the application.
• Ensure that any pesticide applied is used in a manner consistent with the product's labeling.

Qualifying owner(s) of the agricultural establishment are not required to provide the following WPS protections to themselves or members of their immediate family:

• Minimum age for handlers and early-entry workers.
• Provide WPS training for workers and handlers.
• Display, maintain, and provide access to pesticide safety, pesticide application and hazard information .
• Keep records of pesticide application and hazard information required by WPS.
• Provide instruction in the safe operation of equipment used for mixing, loading, transferring or applying pesticides.
• Ensure equipment used for mixing, loading, transferring, or applying pesticides is inspected for leaks, clogging, and worn or damaged parts and make repairs as needed prior to use.
• Ensure knowledge of labeling, application-specific, and establishment-specific information.
• Provide visual or voice monitoring of applicator when using a pesticide product that has the skull-and-crossbones symbol on the front panel, unless required by product label directions.
• Provide continuous visual or voice contact during fumigant applications.
• Provide oral and posted notifications of worker entry restrictions (i.e., REIs in effect).
• Provide instructions on use of personal protective equipment (PPE); inspect, clean, store, and maintain PPE; and take measures to prevent heat related illness first aid procedures.
• Maintain decontamination sites and supplies.
• Provide emergency assistance.
• Provide required information before allowing a person not directly employed by the agricultural establishment to clean, repair, or adjust equipment that has been used to mix, load, transfer, or apply pesticides.
• Comply with early-entry provisions including minimum age, providing information, maintaining PPE and instructing on its use, instructing on how to prevent, recognize and treat heat-related illness and providing decontamination supplies.