Compliance with Cholinesterase Rules PDF Version

(Part of Pesticide Issues Conference)

Pedro Serrano
Pacific Northwest Agricultural Safety and Health Center

Objective

Discuss enforcement considerations of the rule

Rule Scope

  • Agriculture sector covered by Chapter 296-307 WAC
  • Employers who have workers who handle toxicity class I and II organophosphate or N-methyl-carbamate pesticides (insecticides)
  • Pesticide handling (WAC 296-307-11005)
    • Mixing, loading, transferring or applying
    • Disposing of pesticides or containers
    • Handling opened containers
    • Acting as a flagger
    • Equipment maintenance
    • Entering treated areas during REI
    • Performing certain tasks as a crop advisor
How will this rule be enforced?
  • L&I will collect information from employers and workers in order to evaluate the rule whenever:
    • Cholinesterase depression is reported
    • As part of targeted inspection activities
    • Whenever a complaint is received
How will WISHA Know About Depressions?
  • DOH will maintain an aggregate electronic data base of all test results
  • DOH will calculate depressions
  • WISHA will be notified of significant depressions
  • Employee’s identity will not be reported
  • The employer and medical providers contact information will be available
What will be WISHA Response?
  • ChE depression is not citable
  • In most cases WISHA will offer consultation services to the employer
  • An inspection may be opened if the employer refuses consultation or if other factors are present, e.g., repeated employee depressions
Handling Records
  • Employers must:
    • Maintain records of all hours handling covered pesticides
    • Keep these records for at least seven years
  • A sample record keeping form will be provided
    • An electronic form will also be made available
How will a ChE Monitoring inspection be conducted?
  • There will be a cholinesterase monitoring section added to our existing Worker Protection Standard checklist.
  • Handling hours can be determined through review of handling and application records and through employee/employer interviews
Medical Monitoring
  • The employer must:
    • Identify a medical provider (post contact info)
    • Ensure the provider is familiar with the rule
  • Cholinesterase testing (at no cost to employee)
    • Annual baseline determinations (“working baseline” provision)
    • Periodic tests compared to baseline
  • Employer must follow all medical provider recommendations
Identify a Physician
  • Provide testing
  • Provide written recommendations to:
    • Identify employees requiring work practice evaluations
    • Employees with depressed levels
    • Guidance on medical monitoring
    • Other relevant information
Make ChE testing available
  • Annual baseline
    • After 30 days of handling pesticides
  • Periodic test
    • With in 3 days after fifty hours in 2004 and 50 hours in 2005 in a consecutive 30 day period
Medical Removal Protection
  • Removed employees may be shifted to other duties.
  • Medical removal protection benefits are provided for up to 3 months
    • Pay
    • Seniority
    • Other benefits
Exemptions
  • Testing is not required for employee’s who handle only N-methyl-Carbamates
  • Hours spent mixing and loading using closed systems are not counted in determining need for periodic testing

Disclaimer and Reproduction Information: Information in NASD does not represent NIOSH policy. Information included in NASD appears by permission of the author and/or copyright holder. More

Reviewed for NASD: 06/2006