Cal. Code Regs. tit. 3 § 6784

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 6784 - Field Fumigation

(a) (Reserved)

(b) The provisions of this subsection pertain to field soil fumigations using methyl bromide applied pursuant to the fumigation methods described in section 6447.3.

(1) Employer Recordkeeping. The employer shall maintain records for all employees performing fumigation-handling activities. The records must identify the person, work activity(ies), date(s), duration of handling, the U.S. Environmental Protection Agency Registration Number, and the brand name of the methyl bromide product handled. The employer shall maintain these use records at a central location for two years.

(2) Employee Protection Requirements.

(A) Employees involved primarily in shoveling shall work only at the ends of the application rows.

(B) When required by this section, employees shall wear a certified respiratory protection as specified on the label. Employees shall wear the required respiratory protection during the entire duration of the fumigation-handling activity.

(3) Limited Work Hours and Workdays.

(A) No employee may work in fumigation-handling activities more than the hours specified in Table 1--Maximum Work Hours during the injection period and during the entry restricted period.

1. An employee may perform fumigation-handling activities without the work-hour limitations specified in Table 1--Maximum Work Hours if a full-face respirator is worn during the entire duration of the activity.

2. Multiple-Task Employees. An employee may work in more than one work task and/or application method in a 24-hour period as long as the employee's total work hours do not exceed the lowest total hours specified in Table 1--Maximum Work Hours for any one work task or application method performed.

(B) Notwithstanding subsection (b)(3)(A), an employee may work in fumigation-handling activities in a 24-hour period for the work hours specified in Table 2-Maximum Work Hours in a Maximum Three (3)Workdays Per Calendar Month during the injection period and during the entry restricted period, provided the employee's total workdays performing fumigation-handling activities do not exceed three days in a calendar month.

1. An employee may perform fumigation-handling activities without the work- hour limitations specified in Table 2--Maximum Work Hours in a Maximum Three (3)Workdays Per Calendar Month if a half-face respirator is worn during the entire duration of the activity.

2. Multiple-Task Employees. An employee may work in more than one work task and/or application method in a 24-hour period as long as the employee's total work hours do not exceed the lowest total hours specified in Table 2--Maximum Work Hours in a Maximum Three (3) Workdays Per Calendar Month for any one work task or application method performed.

Table 1. Maximum Work Hours

Fumigation Method/Activities		Maximum Application Rate (lbs. of actual methyl bromide per acre)	Maximum Work Period Wearing Half-Face Respirator During Entire Fumigation-Handling Activity

Nontarpaulin/Shallow/Bed:
	Tractor Equipment Driving	200 lbs.	8^*
	Supervising		8^*

Nontarpaulin/Deep/Broadcast:
	Tractor Equipment Driving	400 lbs.	8^*
	Supervising		8¹

Tarpaulin/Shallow/Broadcast:
	Tractor Equipment Driving		7^*
	Shoveling, Copiloting		3^*
	Supervising	400 lbs.	3^*
	Tarpaulin Cutting		10¹
	Tarpaulin Removal		no limitation²

Tarpaulin/Shallow/Bed:
	Tractor Equipment Driving		no limitation
	Shoveling, Copiloting	250 lbs.	6^*
	Supervising		6^*
	Tarpaulin Cutting		10¹
	Tarpaulin Removal		no limitation²

Tarpaulin/Deep/Broadcast:
	Tractor Equipment Driving		7^*
	Shoveling, Copiloting	400 lbs.	3^*
Supervising			3^*
	Tarpaulin Cutting		10¹
	Tarpaulin Removal		no limitation²

Drip System -- Hot Gas:
	Applicators		4^*
	Supervising	225 lbs.	4^*
	Tarpaulin Cutting		10¹
	Tarpaulin Removal		no limitation²
_______________

1 Exception: An employee may perform this activity without a half-face respirator provided the employee does not work more than one hour in a 24-hour period. The maximum one-hour work limitation may be increased in accordance with the formula located below.

2 Exception: An employee may perform this activity without a half-face respirator provided the employee does not work more than three hours in a 24-hour period. The maximum three-hour work limitation may be increased in accordance with the formula located below.

* If the actual methyl bromide application rate is less than the maximum application rate shown in Table 1 or below in Table 2 for the particular fumigation method used, the maximum work hours may be increased in accordance with the following formula:

		maximum		revised maximum
[maximum application rate for method	x	work hours in a	=	work hours in a
actual application rate]		24-hour period		24-hour period

Table 2. Maximum Work Hours in a Maximum Three (3) Workdays Per Calendar Month

Fumigation Method/Activities		Maximum Application Rate (lbs. of actual methyl bromide per acre)	Maximum Work Hours in a 24-Hour Period Without the Use of Respirators

Nontarpaulin/Shallow/Bed:
	Tractor Equipment Driving	200 lbs.	4*
	Supervising		4*

Nontarpaulin/Deep/Broadcast:
	Tractor Equipment Driving	400 lbs.	4*
	Supervising		7*

Tarpaulin/Shallow/Broadcast:
	Tractor Equipment Driving		4*
	Shoveling, Copiloting		3*
	Supervising	400 lbs.	3*
	Tarpaulin Cutting		4
	Tarpaulin Removal		7

Tarpaulin/Shallow/Bed:
	Tractor Equipment Driving		4*
	Shoveling, Copiloting	250 lbs.	4*
	Supervising		4*
	Tarpaulin Cutting		4
	Tarpaulin Removal		7

Tarpaulin/Deep/Broadcast:
	Tractor Equipment Driving		4*
	Shoveling, Copiloting	400 lbs.	3*
	Supervising		3*
	Tarpaulin Cutting		4
	Tarpaulin Removal		7

Drip System -- Hot Gas:
	Applicators		2*
	Supervising	225 lbs.	2*
	Tarpaulin Cutting		4
	Tarpaulin Removal		7

(C) No employee shall be allowed to alternate between the workday and work-hour requirements specified in subsection (b)(3)(A) and (B) unless the employee did not perform fumigation-handling activities during the previous 30 days.

(4) (Reserved)

(5) Tarpaulin Repair.

(A) The operator of the property shall assure that a "tarpaulin repair response plan" is provided to the commissioner. The tarpaulin repair response plan must identify the responsibilities of the licensed pest control business and/or the permittee with regard to tarpaulin damage detection and repair activities. At a minimum, the tarpaulin repair response plan must indicate the parties responsible for the repair and incorporate the applicable elements listed in (B) below.

(B) The "tarpaulin repair response plan" approved by the commissioner in the work site plan must state with specificity the situations when tarpaulin repair must be conducted. The situations should be based on, but not limited to, hazard to the public, residents, or workers; proximity to occupied structures, size of the damaged area(s); timing of damage; feasibility and response time of repair; and environmental factors such as wind speed and direction.

(C) The ambient air in the damaged areas of the tarpaulin to be repaired must be tested for methyl bromide concentration by a certified applicator of the licensed pest control business that made the application, or by a certified applicator employee of the permittee, or certified applicator permittee, using a testing device as specified by the labeling. The certified applicator shall wear self-contained breathing apparatus when conducting these tests.

(D) All repair work areas must test less than five parts per million methyl bromide before any employee without respiratory protection shall be allowed to enter and conduct tarpaulin repair. Such employee is limited to one work hour in a 24-hour period, unless respiratory protection specified on the label is worn.

Cal. Code Regs. Tit. 3, § 6784

1. New section filed 8-15-86; effective thirtieth day thereafter (Register 86, No. 31).
2. Amendment of section and NOTE filed 12-15-2000; operative 1-14-2001 (Register 2000, No. 50).
3. Amendment of subsections (b)(4)(A)-(B) and (b)(6)(C)-(D) and new subsections (b)(7)-(b)(7)(B) filed 4-8-2002; operative 4-8-2002 (Register 2002, No. 15).
4. Repealer and new section filed 9-19-2002 as an emergency; operative 9-22-2002 (Register 2002, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-21-2003 or emergency language will be repealed by operation of law on the following day.
5. Repealer and new section refiled 1-21-2003 as an emergency; operative 1-21-2003 (Register 2003, No. 4). A Certificate of Compliance must be transmitted to OAL by 5-21-2003 or emergency language will be repealed by operation of law on the following day.
6. Repealer and new section refiled 5-19-2003 as an emergency; operative 5-21-2003 (Register 2003, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-18-2003 or emergency language will be repealed by operation of law on the following day.
7. Repealer and new section refiled 9-11-2003 as an emergency; operative 9-18-2003 (Register 2003, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-16-2004 or emergency language will be repealed by operation of law on the following day.
8. Repealer and new section refiled 1-14-2004 as an emergency; operative 1-17-2004 (Register 2004, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-2004 or emergency language will be repealed by operation of law on the following day.
9. Repealer and new section refiled 5-17-2004 as an emergency; operative 5-18-2004 (Register 2004, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-15-2004 or emergency language will be repealed by operation of law on the following day.
10. Repealer and new section refiled 9-9-2004 as an emergency; operative 9-15-2004 (Register 2004, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-13-2005 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 9-15-2004 order, including further amendment of section, transmitted to OAL 9-21-2004 and filed 11-3-2004 (Register 2004, No. 45).
12. Amendment of subsections (b) and (b)(2)(B) filed 1-25-2008; operative 1-25-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 4).
13. Amendment of subsections (b)(2)(C) and tables 1. and 2. filed 10-27-2010; operative 11-26-2010 (Register 2010, No. 44).
14. Amendment of subsection (b)(1), repealer of subsection (b)(2)(B), subsection relettering, amendment of newly designated subsection (b)(2)(B) and subsections (b)(3)(A) and (b)(3)(B), repealer of subsections (b)(4)-(b)(4)(B) and amendment of subsections (b)(5)(A) and (b)(5)(C)-(D) filed 2-17-2016; operative 4-1-2016 (Register 2016, No. 8).
15. Repealer of subsection (a) filed 5-29-2020; operative 7-1-2020 (Register 2020, No. 22).

Note: Authority cited: Sections 11456 and 12981, Food and Agricultural Code. Reference: Section 12981, Food and Agricultural Code.

1. New section filed 8-15-86; effective thirtieth day thereafter (Register 86, No. 31).
2. Amendment of section and Note filed 12-15-2000; operative 1-14-2001 (Register 2000, No. 50).
3. Amendment of subsections (b)(4)(A)-(B) and (b)(6)(C)-(D) and new subsections (b)(7)-(b)(7)(B) filed 4-8-2002; operative 4-8-2002 (Register 2002, No. 15).
4. Repealer and new section filed 9-19-2002 as an emergency; operative 9-22-2002 (Register 2002, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-21-2003 or emergency language will be repealed by operation of law on the following day.
5. Repealer and new section refiled 1-21-2003 as an emergency; operative 1-21-2003 (Register 2003, No. 4). A Certificate of Compliance must be transmitted to OAL by 5-21-2003 or emergency language will be repealed by operation of law on the following day.
6. Repealer and new section refiled 5-19-2003 as an emergency; operative 5-21-2003 (Register 2003, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-18-2003 or emergency language will be repealed by operation of law on the following day.
7. Repealer and new section refiled 9-11-2003 as an emergency; operative 9-18-2003 (Register 2003, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-16-2004 or emergency language will be repealed by operation of law on the following day.
8. Repealer and new section refiled 1-14-2004 as an emergency; operative 1-17-2004 (Register 2004, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-2004 or emergency language will be repealed by operation of law on the following day.
9. Repealer and new section refiled 5-17-2004 as an emergency; operative 5-18-2004 (Register 2004, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-15-2004 or emergency language will be repealed by operation of law on the following day.
10. Repealer and new section refiled 9-9-2004 as an emergency; operative 9-15-2004 (Register 2004, No. 37). A Certificate of Compliance must be transmitted to OAL by 1-13-2005 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 9-15-2004 order, including further amendment of section, transmitted to OAL 9-21-2004 and filed 11-3-2004 (Register 2004, No. 45).
12. Amendment of subsections (b) and (b)(2)(B) filed 1-25-2008; operative 1-25-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 4).
13. Amendment of subsections (b)(2)(C) and tables 1. and 2. filed 10-27-2010; operative 11-26-2010 (Register 2010, No. 44).
14. Amendment of subsection (b)(1), repealer of subsection (b)(2)(B), subsection relettering, amendment of newly designated subsection (b)(2)(B) and subsections (b)(3)(A) and (b)(3)(B), repealer of subsections (b)(4)-(b)(4)(B) and amendment of subsections (b)(5)(A) and (b)(5)(C)-(D) filed 2-17-2016; operative 4/1/2016 (Register 2016, No. 8).
15. Repealer of subsection (a) filed 5-29-2020; operative 7/1/2020 (Register 2020, No. 22).