BILL NUMBER:S5031

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 federal
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
inadvertent 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 pesticide 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 application 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-contaminated 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
facilities 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
calendar 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
agricultural 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 farmworkers and their families from the impact of agricultural
pesticides.

Farmworkers are by far the most seriously individuals impacted by
agricultural pesticides. Not only do they work in direct proximity to
fields and buildings treated regularly with pesticides, they often
live immediately 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 reproductive 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 cal.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.