Commodity & Food Safety: What’s New

Effective July 1, 2015, the Department of Pesticide Regulations has made changes to the following sections of Title 3. California Code of Regulations, Sections 6000, 6702, 6720, 6724, 6738, 6739, 6764, 6771, 6793, and 6795. Adopting Sections 6738.1, 6738.2, 6738.3, and 6738.4. Repealing Sections 6486.7 and 6736.

In summary, the regulatory action clarifies the personal protective equipment (PPE) requirements, reducing ambiguity, and reorganizes the regulatory requirements in a more logically cohesive format. Requirements for protective eyewear are consistent with a nationally recognized consensus standard, and the hand protection requirements are in alignment with the US Environmental Protection Agency guidelines.

For example, the previous language regarding eye protection stated that “Whenever protective eyewear is required, one of the following types of eyewear is worn: Safety glasses that provide front, and supplemental brow and temple protection (Common eyeglasses, including sunglasses, do not meet this requirement)”. The new regulations state, “The employer shall assure that appropriate protective eyewear, providing brow and temple protection that conforms to the curvature of the face and side protection to the eyes, is worn when its use is required. Whenever protective eyewear is required, and the labeling does not identify a specific type, one of the following types of eyewear or eye protective devices bearing evidence of compliance with American National Standard for occupational and Education personal Eye and Face Protection Devices ANSI Z87.1-2010 must be worn: (1) Safety glasses that provide front, brow, and temple protection. (2) Goggles. (3) Face shield. If the pesticide labeling identifies a specific type of protective eyewear, that specified eyewear or more protective eyewear must be worn. Use of a respirator with a full-face mask approved by the National Institute of Occupational Safety and Health (NIOSH) will satisfy the protective eyewear requirement, unless specifically prohibited by the pesticide labeling. The wearing of prescription lenses must not interfere with the fit and function of the protective eyewear and the protective eyewear must not interfere with the fit and function of prescription lenses”.

Regarding the selection of gloves, Section 6738.3 (new section) states, “all barrier materials must be 14 mils or thicker with some minor exceptions. Separable glove liners made of cotton or other absorbent materials may be worn under chemical-resistant gloves unless expressly prohibited by pesticide product labeling. The glove liners must not extend beyond the end of the chemical-resistant glove and liners must be disposed of at the end of the workday or immediately if any portion of the liner comes in contact with pesticide during the workday”.

SCBA inspections must be performed monthly, and now must include performance of the following: (1) A check for proper function; (2) Certification that documents the date the inspection was performed, the name (or signature) of the person who made the inspection, the findings, required remedial action, and a serial number or other means of identifying the inspected respirator; and that this information is included on a tag or label that is attached to the storage compartment for the respirator or is kept with the respirator. This information shall be maintained until replaced following a subsequent certification; (3) A check for properly functioning SCBA regulator and warning devices.

For a copy of the revised regulations, click here.