Worker Protection Standard
Encyclopedia
The Worker Protection Standard is intended to protect employees on farms, forests, nurseries, and greenhouses that are occupational exposured to agricultural pesticides.
This is managed by the United States Environmental Protection Agency
(EPA), and is separate from the Hazard Communication Standard
managed by Occupational Safety and Health Administration
(OSHA).
.
Two items are requited by law for all registered pesticides and insecticides.
The product label describes how to use the product.
The Material Safety Data Sheet
provides specific safety and hazard information, and this must be provided to physicians in the event that the product has been miss-used so that appropriate diagnostic testing and treatment can be obtained in a timely manner.
RUP requires license for purchase. The process required to obtain a pest control licenses is regulated by a combination of state laws, federal laws, common law, and private company policies.
All RUP applications must be recorded to identify the date, location, and type of pesticide applied. Federal law requires a minimum record retention period, which may be three years or longer depending upon state laws.
There are two categories of license: supervisor and applicator. A pest control supervisor license is required to purchase RUP and keep records. The pest control supervisor must ensure pest control applicators are competent to use any restricted use products.
Further information can be obtained from the following organizations.
40 CFR Part 170 requires the following in the United States.
manages safety independent of OSHA and EPA. Spills, mishaps, illnesses, and injuries are not normally handled in accordance with local, state and federal law.
Failure to administer discipline for illegal activity occurring within a military command is considered to be dereliction of duty
, which is administered under the Uniform Code of Military Justice
.
Individuals with information about environmental crimes and individuals with environmental injuries involving the military should become familiar with the topic of Whistleblower protection in United States
. Government employees, government contractors, and military officers often lack the training, education, licensing, and experience required to understand the legal requirements involving environmental safety. The sophistication required to understand legal requirements is not normally required for promotion and contractor selection within the military.
Because of this, specific rules are documented in orders and directives that need to be written in plain language intended to be understood by people that have a 4th grade reading ability.
Law are enforced is performed by the commanding officer
in military organizations. The commanding officer typically has the ability to read and understand written requirements. A Flag Officer
is subject to Court-martial
action if laws or government policies are violated under their command when the activity is outside the scope of mission orders and rules of engagement
. Each commanding officer is responsible for writing and maintaining policies simple enough to be understood by everyone in their command. Each commanding officer is responsible for ensuring that command policy documents are made available to every person in their command (civilian, military, and contractor). The commanding officer is responsible for disciplinary action and public disclosures when policies are violated within their command.
Military agencies operate independent of law enforcement, judicial authority, and common law
. Similar exemptions exist for some state agencies.
Potential crimes are investigated by military police. The following is an example of the kinds of policy documents used to conduct criminal investigations.
Because military law enforcement is performed with no independent civilian oversight, there is an inherent conflict of interest
. Information and disclosures are obtained through Freedom of Information Act request and not through disclosures ordinarily associated with the EPA and OSHA that have the competency required for training, certification, disclosure, and enforcement. This prevents physicians from obtaining the kind of information needed to diagnose and treat environmental illness, so the root cause for environmental illness typically remains permanently unknown. The following organization may help when the root cause for an illness remains unknown longer than 30 days.
Criminal violations, injuries, and potential enforcement actions begin by exchanging information in the following venues when civilian government employees and flag officers are unable to deal with the situation in an ethical manner.
US federal laws, state laws, local laws, foreign laws, and treaty agreements may not apply.
Policies are established by Executive Order
and not public law, except for interventions by the United States Congress
and interventions by US district courts.
The following Executive Orders establish the requirements for DoD environmental policy for government organizations within the executive branch of the United States.
The following unclassified documents provide further information for programs managed by the United States Secretary of Defense.
This is managed by the United States Environmental Protection Agency
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
(EPA), and is separate from the Hazard Communication Standard
Hazard Communication Standard
The Hazard Communication Standard requires employers to disclose toxic and hazardous substances in workplaces. This is related to the Worker Protection Standard....
managed by Occupational Safety and Health Administration
Occupational Safety and Health Administration
The United States Occupational Safety and Health Administration is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970...
(OSHA).
Requirement
The EPA registers pesticides and insecticides as either unclassified or restricted use pesticide (RUP). Unclassified pesticide is available over-the-counter. This program exists in cooperation with the United States Department of AgricultureUnited States Department of Agriculture
The United States Department of Agriculture is the United States federal executive department responsible for developing and executing U.S. federal government policy on farming, agriculture, and food...
.
Two items are requited by law for all registered pesticides and insecticides.
- Product Label
- Material Safety Data SheetMaterial safety data sheetA Material Safety Data Sheet is a form with data regarding the properties of a particular substance....
The product label describes how to use the product.
The Material Safety Data Sheet
Material safety data sheet
A Material Safety Data Sheet is a form with data regarding the properties of a particular substance....
provides specific safety and hazard information, and this must be provided to physicians in the event that the product has been miss-used so that appropriate diagnostic testing and treatment can be obtained in a timely manner.
RUP requires license for purchase. The process required to obtain a pest control licenses is regulated by a combination of state laws, federal laws, common law, and private company policies.
All RUP applications must be recorded to identify the date, location, and type of pesticide applied. Federal law requires a minimum record retention period, which may be three years or longer depending upon state laws.
There are two categories of license: supervisor and applicator. A pest control supervisor license is required to purchase RUP and keep records. The pest control supervisor must ensure pest control applicators are competent to use any restricted use products.
Further information can be obtained from the following organizations.
- AAPCO—Assoc. of American Pesticide Control Officials
- AAPSE—American Assoc. of Pesticide Safety Educators
- CTAG—Certification and Training Assessment Group
- CPARD—Certification Plan & Reporting Database
- POINTS—Pesticide of Interest Reporting Database
- NASDA Pesticide Safety Programs
- Division of Toxicology and Environmental Medicine; Agency for Toxic Substances and Disease Registry
- National Toxicology ProgramNational Toxicology ProgramThe National Toxicology Program is an inter-agency program run by the United States Department of Health and Human Services to coordinate, evaluate, and report on toxicology within public agencies....
40 CFR Part 170 requires the following in the United States.
- pesticide safety training
- notification of pesticide applications
- use of personal protective equipment
- restricted entry intervals following pesticide application
- decontamination supplies
- emergency medical assistance
DoD worker protection
The United States Department of DefenseUnited States Department of Defense
The United States Department of Defense is the U.S...
manages safety independent of OSHA and EPA. Spills, mishaps, illnesses, and injuries are not normally handled in accordance with local, state and federal law.
Failure to administer discipline for illegal activity occurring within a military command is considered to be dereliction of duty
Dereliction of duty
Dereliction of duty is a specific offense under United States Code Title 10,892. Article 92 and applies to all branches of the US military. A service member who is derelict has willfully refused to perform his duties or has incapacitated himself in such a way that he cannot perform his duties...
, which is administered under the Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
.
Individuals with information about environmental crimes and individuals with environmental injuries involving the military should become familiar with the topic of Whistleblower protection in United States
Whistleblower protection in United States
Whistleblower Protection provides freedom of speech for workers and contractors in certain situations. Laws, like the Ethics in Government Act, cannot be enforced if free speech is not protected for individuals that report corruption or crime in the workplace...
. Government employees, government contractors, and military officers often lack the training, education, licensing, and experience required to understand the legal requirements involving environmental safety. The sophistication required to understand legal requirements is not normally required for promotion and contractor selection within the military.
Because of this, specific rules are documented in orders and directives that need to be written in plain language intended to be understood by people that have a 4th grade reading ability.
Law are enforced is performed by the commanding officer
Commanding officer
The commanding officer is the officer in command of a military unit. Typically, the commanding officer has ultimate authority over the unit, and is usually given wide latitude to run the unit as he sees fit, within the bounds of military law...
in military organizations. The commanding officer typically has the ability to read and understand written requirements. A Flag Officer
Flag Officer
A flag officer is a commissioned officer in a nation's armed forces senior enough to be entitled to fly a flag to mark where the officer exercises command. The term usually refers to the senior officers in an English-speaking nation's navy, specifically those who hold any of the admiral ranks; in...
is subject to Court-martial
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
action if laws or government policies are violated under their command when the activity is outside the scope of mission orders and rules of engagement
Rules of engagement
Rules of Engagement refers to those responses that are permitted in the employment of military personnel during operations or in the course of their duties. These rules of engagement are determined by the legal framework within which these duties are being carried out...
. Each commanding officer is responsible for writing and maintaining policies simple enough to be understood by everyone in their command. Each commanding officer is responsible for ensuring that command policy documents are made available to every person in their command (civilian, military, and contractor). The commanding officer is responsible for disciplinary action and public disclosures when policies are violated within their command.
Military agencies operate independent of law enforcement, judicial authority, and common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. Similar exemptions exist for some state agencies.
Potential crimes are investigated by military police. The following is an example of the kinds of policy documents used to conduct criminal investigations.
Because military law enforcement is performed with no independent civilian oversight, there is an inherent conflict of interest
Conflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
. Information and disclosures are obtained through Freedom of Information Act request and not through disclosures ordinarily associated with the EPA and OSHA that have the competency required for training, certification, disclosure, and enforcement. This prevents physicians from obtaining the kind of information needed to diagnose and treat environmental illness, so the root cause for environmental illness typically remains permanently unknown. The following organization may help when the root cause for an illness remains unknown longer than 30 days.
Criminal violations, injuries, and potential enforcement actions begin by exchanging information in the following venues when civilian government employees and flag officers are unable to deal with the situation in an ethical manner.
- Local labor union officialsLabor unions in the United StatesLabor unions in the United States are legally recognized as representatives of workers in many industries. The most prominent unions are among public sector employees such as teachers and police...
- Freedom of information in the United StatesFreedom of information in the United StatesFreedom of information in the United States refers to the independent bodies of Freedom of information legislation at the federal level and in the fifty states.-Federal level:...
- Office of the Inspector General, U.S. Department of DefenseOffice of the Inspector General, U.S. Department of DefenseThe Department of Defense Inspector General is an independent, objective agency that provides oversight related to the programs and operations of the Department of Defense...
(Hotline) - United States Secretary of DefenseUnited States Secretary of DefenseThe Secretary of Defense is the head and chief executive officer of the Department of Defense of the United States of America. This position corresponds to what is generally known as a Defense Minister in other countries...
- President of the United StatesPresident of the United StatesThe President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
- United States Secretary of StateUnited States Secretary of StateThe United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
- United States House of RepresentativesUnited States House of RepresentativesThe United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
- United States SenateUnited States SenateThe United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
US federal laws, state laws, local laws, foreign laws, and treaty agreements may not apply.
Policies are established by Executive Order
Executive order
An executive order in the United States is an order issued by the President, the head of the executive branch of the federal government. In other countries, similar edicts may be known as decrees, or orders in council. Executive orders may also be issued at the state level by a state's governor or...
and not public law, except for interventions by the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
and interventions by US district courts.
The following Executive Orders establish the requirements for DoD environmental policy for government organizations within the executive branch of the United States.
- Executive Order 12114 - Environmental effects abroad of major Federal actions
- Executive Order 12196 - Occupational safety and health programs for Federal employees
- Executive Order 12291 - Regulatory planning process
- Executive Order 12344 - Naval Nuclear Propulsion Program
- Executive Order 12898 - Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations
- Executive Order 12958 - Classified National Security Information
- Executive Order 12960 - Amendments to the Manual for Courts-Martial
- Executive Order 12961 - Presidential Advisory Committee on Gulf War Veterans' Illnesses
- Executive Order 13101 - Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition
- Executive Order 13148 - Greening the Government Through Leadership in Environmental Management
- Executive Order 13151 - Global Disaster Information Network
- Executive Order 13388 - Further Strengthening the Sharing of Terrorism Information to Protect American
- Executive Order 12656 - Assignment of emergency preparedness responsibilities
- Executive Order 13423 - Strengthening Federal Environmental, Energy, and Transportation Management
- Executive Order 13526 - Classified National Security Information Memorandum
The following unclassified documents provide further information for programs managed by the United States Secretary of Defense.
- DoD Directive 3150.08 - DoD Response to Nuclear and Radiological Incidents
- DoD Directive 3222.3 - DoD Electromagnetic Environmental Effects (E3)
- DoD Directive 4715.1 - Environment, Safety, and Occupational Health (ESOH)
- DoD Directive 4715.3 - Environmental Conservation Program
- DoD Directive 4715.5 - Management of Environmental Compliance at Overseas Installations
- DoD Directive 4715.8 - Environmental Remediation for DoD Activities Overseas
- DoD Directive 4715.11 - Environmental and Explosives Safety Management on Operational Ranges Within the United States
- DoD Directive 4715.12 - Environmental and Explosives Safety Management on Operational Ranges Outside the United States
- DoD Directive 6050.07 - Environmental Effects Abroad of Major Department of Defense Actions