OAR 437-004-6405
Restrictions Associated With Outdoor Production Pesticide Applications

Note: Oregon OSHA has declined to adopt 40 CFR 170.405(a). In Oregon OAR 437-004-6405 (Restrictions Associated With Outdoor Production Pesticide Applications) applies.
This rule applies in Oregon where workers or other people are adjacent to pesticides being applied in outdoor production areas that are within the boundaries of the establishment. This rule becomes effective January 1, 2019.
Note: Nothing in these rules affects separate statutory or regulatory requirements such as the buffer zone requirement related to aerial herbicide applications in forestry operations (ORS 527.672 (Aerial herbicide applications)).
(1) Treated area: The area to which a pesticide is being directed and/or deposited during an application. After the application is complete, the treated area is subject to the labeling-specified restricted-entry interval (REI) and the post-application entry restrictions specified in Sec. 170.407 of the Worker Protection Standard (WPS).
(2) Enclosed agricultural structure: a fully-enclosed space (has walls, ceilings, and floors that minimize the entry of outside air when doors, windows, and mechanical air intakes are closed) with an interior area that shelters occupants from dermal exposure to pesticide spray drift.
(3) Application Exclusion Zone (AEZ): The AEZ is an area that moves with and exists in relationship to the application equipment. The number of feet shown is the horizontal radius of the area surrounding the application equipment during the application process and may extend beyond the treated area. It extends downward from that horizontal plane to the ground. Pesticide labels that have more stringent restrictions regarding distances must be followed. The agricultural employer must implement the AEZ as follows:
(a) Workers and labor housing occupants must evacuate the AEZ, which shall extend 150 feet from the application equipment and last until 15 minutes after the application equipment passes, when the label requires the handler to use respiratory protection during application and one of the following applies:
(A) The application is by air blast sprayer;
(B) The pesticide is applied aerially;
(C) The spray quality is smaller than medium;
(b) Workers and labor housing occupants must either remain in an enclosed agricultural structure or evacuate the AEZ, which shall extend 100 feet from the application equipment and last until 15 minutes after the application equipment passes, when the label does not require the handler to use respiratory protection during application and one of the following applies:
(A) The application is by air blast sprayer;
(B) The pesticide is applied aerially;
(C) The spray quality is smaller than medium.
Workers not on paid status or labor housing occupants must be permitted to evacuate even if the employer otherwise chooses to allow them to remain in an enclosed agricultural structure.
(c) Workers and labor housing occupants must either remain in an enclosed agricultural structure or evacuate the AEZ, which shall extend 25 feet from the application equipment when all of the following apply:
(A) The application is not by air blast sprayer;
(B) The pesticide is not applied aerially;
(C) The pesticide is sprayed from a height greater than 12 inches from the planting medium;
(D) The spray quality is medium or larger;
(d) No AEZ applies for appropriately trained and equipped handlers involved in the application.
Note: No AEZ is required for applications not covered by the above. Examples include applications of granular, soil incorporated (other than fumigants) pre-plant, dipping cuttings, and at-plant pesticide applications as long as they are applied from a distance of less than 12 inches from the planting medium and use a spray quality of medium or larger.
See Figure 1 -- Worker Protection Standard Application Exclusion Zone Decision Matrix.
(4) The agricultural employer must ensure that prior to pesticide applications, any enclosed agricultural structures (labor housing or work-related structures) that are located within the AEZ and that are used at any time by employees and other occupants must have all of the following:
(a) All doors and windows closed;
(b) Any air in-take devices or mechanisms turned off;
(c) Provisions to protect or store personal or household items that are not located in an enclosed agricultural structure from potential contamination;
(d) A closeable storage area for shoes/boots to prevent tracking of pesticide into the structures where people live or reside.
(5) Employers must provide the following information in a manner that is easy to understand and effectively conveys the information needed prior to the pesticide application, to occupants of an enclosed agricultural structure in the AEZ:
(a) Instructions on closing windows and doors to minimize exposure to outside air regardless of whether they are staying inside the enclosed agricultural structure or evacuating during nearby pesticide applications.
(b) Instructions on how to close potential air-intakes and any other measures to minimize exposure to outside air during nearby pesticide applications.
(c) The start and stop times for remaining inside the enclosed agricultural structures and how to determine when the application equipment is in range.
(d) Instructions as to whether people can, as appropriate, evacuate or stay in an enclosed agricultural structure, how to maintain protective measures, and how long they must remain outside the AEZ.
(e) Instructions on how to protect personal or household items in the AEZ from potential contamination.
(f) Instructions on how to report pesticide residue or deposit on enclosed agricultural structures, personal, or household items in AEZ.
(6) Employers must provide information and ensure that all adult occupants of agriculture labor housing within the AEZ have access to:
(a) An information station located in close proximity to agriculture labor housing that contains information on pending applications, with a means of alerting occupants to changing information.
(b) Information on how to prevent and reduce pesticide exposure.
(c) Information about the location of the pesticide safety information required by Sec. 170.311(a)
(7) If anyone other than a trained and protected handler exits an enclosed agricultural structure and enters the AEZ the handler must suspend the pesticide application as per Sec. 170.505(b).
Figure 1- Worker Protection Standard, Application Exclusion Zone Decision Matrix
*Spray quality: (as defined by the American Society of Agricultural and Biological Engineers Standard S-572.1) considers several factors including the nozzle design, system pressure, and speed of the application equipment. The eight spray quality categories are referenced in nozzle charts:
Smaller than medium (droplet spectrum with volume median diameter of less than 294 microns+):
Extra fine (XF)
Very fine (VF)
Fine (F)
Medium or larger (droplet spectrum with volume median diameter of 294 microns+ or more):
Medium (M)
Coarse (C)
Very coarse (VC)
Extra coarse (XC)
Ultra coarse (UC)
+Micron = (um) =micrometer: Standard unit of measure for particulate matter.
1 um is 1/1000th of a millimeter.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

Source: Rule 437-004-6405 — Restrictions Associated With Outdoor Production Pesticide Applications, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=437-004-6405.

437‑004‑0001
Application 437‑004‑0002
Scope 437‑004‑0003
Exclusive Coverage 437‑004‑0005
Access to Employee Exposure and Medical Records 437‑004‑0099
General Standards 437‑004‑0100
Universal Definitions 437‑004‑0150
Standards Organizations 437‑004‑0240
Safety Orientation for Seasonal Workers 437‑004‑0251
Safety Committees and Safety Meetings 437‑004‑0310
Working Surfaces 437‑004‑0320
Guarding Floor and Wall Openings and Holes 437‑004‑0330
Fixed Industrial Stairs 437‑004‑0340
Portable Ladders 437‑004‑0350
Orchard Ladders 437‑004‑0360
Fixed Ladders 437‑004‑0370
Scaffolding 437‑004‑0380
Manually Propelled Mobile Ladder Stands and Scaffolds (Towers) 437‑004‑0390
Other Working Surfaces 437‑004‑0405
Exits and Emergency Action Plan 437‑004‑0450
Emergency Action Plan 437‑004‑0570
Manlifts 437‑004‑0610
Ventilation 437‑004‑0630
Noise Exposure 437‑004‑0650
Ionizing Radiation 437‑004‑0710
Compressed Gases 437‑004‑0715
Acetylene 437‑004‑0716
Oxygen 437‑004‑0717
Hydrogen 437‑004‑0720
Flammable and Combustible Liquids 437‑004‑0725
Spray Finishing 437‑004‑0770
Explosives and Blasting Agents 437‑004‑0780
Storage and Handling of Liquefied Petroleum Gases 437‑004‑0790
Use of Liquefied Petroleum Gas or Natural Gas in Fields and Orchards 437‑004‑0800
Storage and Handling of Anhydrous Ammonia 437‑004‑0950
Hazardous Waste Operations and Emergency Response (HAZWOPER) 437‑004‑1005
General Requirements for Protective Equipment 437‑004‑1020
Personal Fall Protection 437‑004‑1030
Work Clothing 437‑004‑1035
Eye and Face Protection 437‑004‑1041
Respiratory Protection 437‑004‑1050
Head Protection 437‑004‑1060
Hand, Foot, and Extremity Protection 437‑004‑1070
Working Underway on Water 437‑004‑1075
Working Over or In Water 437‑004‑1105
Sanitation 437‑004‑1110
Field Sanitation for Hand Labor Work 437‑004‑1115
COVID-19 Workplace Requirements for Employer-Provided Labor Housing 437‑004‑1120
Agricultural Labor Housing and Related Facilities 437‑004‑1140
Lighting 437‑004‑1150
Safety Colors for Marking Physical Hazards 437‑004‑1180
Accident Prevention Signs 437‑004‑1250
Confined and Hazardous Spaces 437‑004‑1260
Manure Lagoons, Storage Ponds, Vats, Pits and Separators 437‑004‑1275
The Control of Hazardous Energy (Lockout/Tagout) 437‑004‑1305
Medical Services and First Aid 437‑004‑1430
Sources of Fire 437‑004‑1440
Required Postings 437‑004‑1450
Extinguishers 437‑004‑1460
Fire Prevention Plan 437‑004‑1470
Employee Equipment and Training 437‑004‑1505
Air Receivers and Pressure Systems 437‑004‑1525
Boilers and Steam Systems 437‑004‑1610
General Requirements 437‑004‑1630
Conveyors 437‑004‑1670
Automotive Hoists 437‑004‑1680
Storage of Hazardous Chemicals 437‑004‑1700
Forklifts and Other Powered Industrial Trucks 437‑004‑1750
Helicopters 437‑004‑1805
Rope, Chain, Rigging, and Hoists 437‑004‑1825
Tackle and Hoisting Equipment 437‑004‑1910
General Equipment Guarding 437‑004‑1940
Farm Field Equipment 437‑004‑1970
Farmstead Equipment 437‑004‑2000
Powered Saws 437‑004‑2100
Grinders 437‑004‑2220
General Requirements — Small Tools 437‑004‑2230
Guarding and Operation of Portable Powered Tools 437‑004‑2240
Power Lawnmowers 437‑004‑2260
Other Portable Tools and Equipment 437‑004‑2310
General Requirements 437‑004‑2350
Oxygen-Fuel Gas Welding and Cutting 437‑004‑2400
Arc Welding and Cutting 437‑004‑2810
General Requirements 437‑004‑2850
Temporary Lighting and Wiring 437‑004‑2860
Flexible Cable and Extension Cords 437‑004‑2870
Attachment Plugs and Receptacles 437‑004‑2880
Cord and Plug-Connected Equipment 437‑004‑2900
Grounding and Bonding 437‑004‑2950
Switches and Circuit Breakers 437‑004‑3000
Identification and Load Ratings 437‑004‑3050
Work Near Overhead Lines 437‑004‑3075
Agricultural Buildings with Special Hazards 437‑004‑3100
Excavation 437‑004‑3410
Agricultural, Commercial and Industrial Vehicles 437‑004‑3420
Working from Vehicles and Vehicle Loads 437‑004‑3430
Training for Agriculture Tractor Operators 437‑004‑3460
Industrial Vehicles 437‑004‑3480
Bridges, Roads and Ramps 437‑004‑3550
Servicing Multi Piece and Single Piece Rim Wheels 437‑004‑3600
Roll-Over Protective Structures (ROPS) for Tractors in Agriculture 437‑004‑3650
Roll-Over Protective Structures — Industrial Vehicles 437‑004‑3660
Vehicle-Mounted Elevating and Rotating Work Platforms 437‑004‑6000
Adoption by Reference of Federal Standard 437‑004‑6001
Expiration and Implementation Dates 437‑004‑6401
Effective dates for worker training programs in Oregon 437‑004‑6405
Restrictions Associated With Outdoor Production Pesticide Applications 437‑004‑6406
Pesticide Spray Drift and Innovative Methods 437‑004‑6501
Handler training programs in Oregon 437‑004‑6502
Oregon requirements for Worker Protection Standard trainers of handlers who qualify using train-the-trainer programs 437‑004‑6508
Respiratory Protection 437‑004‑6509
Emergency eye-washes and eye flushing supplies 437‑004‑9000
Oregon Rules for Air Contaminants 437‑004‑9010
Fumigated Areas. 437‑004‑9050
Asbestos 437‑004‑9090
13 Carcinogens 437‑004‑9600
Lead 437‑004‑9620
Cadmium 437‑004‑9626
Chromium (VI) 437‑004‑9640
Benzene 437‑004‑9650
Bloodborne Pathogens 437‑004‑9710
Acrylonitrile 437‑004‑9720
Thiram 437‑004‑9740
Ethylene Oxide 437‑004‑9760
Formaldehyde 437‑004‑9780
Methylendianiline 437‑004‑9800
Hazard Communication Standard for Agricultural Employers 437‑004‑9830
Retention of Department of Transportation (DOT) Markings, Placards and Labels 437‑004‑9850
Pipe Labelling 437‑004‑9860
Hazardous Chemicals in Laboratories
Last Updated

Jun. 8, 2021

Rule 437-004-6405’s source at or​.us