"EPA's top priority is to protect public health and the environment, and today's proposal is a significant step forward to further protect the farmworkers, farmers and pesticide handlers who deliver the fuel, fiber and food that runs America," said EPA Administrator Michael S. Regan. "Farmworker justice is environmental justice, and we're continuing to take action to make sure these communities are protected equally under the law from pesticide exposure."
Application Exclusion Zone
The Worker Protection Standard regulations offer protections to over two million agricultural workers and pesticide handlers who work at over 600,000 agricultural establishments. In 2015, EPA made significant changes to the standard to decrease pesticide exposure among farmworkers and their family members. Less pesticide exposure means a healthier workforce and fewer lost wages, medical bills and absences from work.
Among the changes, the revised standard included a new provision requiring agricultural employers to keep workers and all other individuals out of an area called the AEZ during outdoor pesticide applications. The AEZ is the area surrounding an ongoing pesticide application that people must not enter to avoid exposure. An AEZ moves with the equipment during applications to protect farmworkers and bystanders that could be contacted by pesticides.
In 2020, the previous administration published a rule specific to the AEZ requirements, limiting the applicability of the protections to the agricultural employer's property and shrinking the AEZ size from 100 feet to 25 feet for some ground-based spray applications. Prior to the effective date of the 2020 AEZ Rule, petitions were filed in the U.S. District Court for the Southern District of New York (SDNY) and in the U.S. Second Circuit Court of Appeals challenging the 2020 Rule (now consolidated as case number 20 Civ. 10642). The SDNY issued an order granting the petitioners' request for a temporary restraining order. As a result, the 2020 AEZ Rule has not gone into effect, and the AEZ provisions in the 2015 WPS remain in effect.
Through its review, EPA has determined that the provisions in the 2020 AEZ Rule that weakened protections for farmworkers and nearby communities from pesticide exposure should be rescinded to protect the health of farmworkers, their families, and nearby communities.
Please read full EPA announcement here:
