Pesticide Provisions of the Florida Agricultural Worker Safety Act (FAWSA)

The purpose of this guide is to provide a summary of the pesticide provisions of the recently enacted Florida Agricultural Worker Safety Act (FAWSA) and the definitions that are used in its language.

The pesticide provisions of FAWSA, which became effective on July 1, 2004, are designed to ensure that information is made available to farm workers about specific hazards associated with the use of agricultural pesticides. The law was implemented and will be enforced by the Florida Department of Agriculture and Consumer Services (FDACS), also known as "the Department."

The provisions of FAWSA that concern pesticides and modify Chapter 487, F.S., are as follows:

• Pesticide dealers, distributors, manufacturers, and importers selling agricultural pesticides must provide a Safety Data Sheet (SDS) in printed or written format to the purchaser upon initial purchase of each agricultural product and upon first purchase after an SDS has been updated. Providing purchasers with a website address or email that contains an SDS does not meet the legal requirement for a printed or written format. Subsequent purchases of the same product from the same dealer do not require an SDS to be provided to the purchaser unless the SDS has been updated.
• Agricultural employers must make available to farm workers upon request either an SDS or fact sheet approved by the state or federal government in written format which provides information about the impacts of the use of the agricultural pesticide. The required pesticide safety information must be made available to any worker who:
  • enters an agricultural area where an agricultural pesticide has been applied or a restricted entry interval (REI) has been in effect within the past 30 days, or
  • may be exposed to an agricultural pesticide during normal conditions of use or in a foreseeable emergency.
• The language in the FAWSA regarding the time period of the REI is not clear; therefore, the language in the federal Worker Protection Standard (WPS) for Agricultural Workers ("within the last 30 days") has been adopted. The SDS or fact sheet must be made available to the worker within 2 working days of request by a worker or designated representative. In the case of a pesticide-related medical emergency, the SDS or fact sheet must be provided in written format promptly upon request by a worker, a designated representative, or medical personnel treating a worker. If no SDS was provided at the time an agricultural product was purchased, or if for any reason the agricultural employer does not have the appropriate fact sheet, the agricultural employer must take timely steps to obtain an SDS or fact sheet. Most agricultural pesticide SDSs are available from the website. Other possible sources are pesticide manufacturers, FDACS's Pesticide Registration Section (850-617-7940), EPA, and pesticide distributors and dealers.
• FDACS must make available to trainers a one-page general agricultural safety sheet. The safety sheet must be in a language understood by the worker and must include illustrated instructions on preventing pesticide exposure and toll free telephone numbers to the Florida Poison Control Centers. The safety sheet is available from FDACS in English, Spanish, and Haitian Creole and is provided to trainers upon request to distribute to workers during training pursuant to the WPS. Contact the FDACS WPS Coordinator at 850-528-5402.
• FAWSA prohibits the agricultural employer from taking any retaliatory action against employees who attempt to exercise their rights under this bill. Agricultural workers who have been subject to retaliatory action may file a complaint with FDACS. In any action brought forth that involves retaliatory action, if the retaliatory action is predicated on the disclosure by a worker of an illegal action, policy, or practice, the worker may not be required to show that the disclosure was under oath or in writing or that the worker notified the employer in writing of the illegal action, policy, or practice. FDACS is required to monitor all complaints of retaliation received and report its findings to the legislature on a regular basis. The report will include descriptions and summaries of the circumstances surrounding the complaints and subsequent actions taken.