Overview

Worker Protection Standard (WPS) Dashboard

The WPS Dashboard is focused on the universe of agricultural operations regulated and farm workers and pesticide handlers covered by the Worker Protection Standard. The Dashboard has screens which show the number of WPS inspections conducted; number of violations found during inspections, the types of violations found, and types and numbers of enforcement actions taken.  Each report shows multiple years of data to provide context at the national level, or within a state or tribe.

Establishment Dashboard

The Establishment Dashboard is focused on the regulated universe of pesticide-producing establishments which includes pesticide manufacturers, sellers and distributors. The dashboard reflects counts of activities and the dollar value of penalties assessed. Each report shows multiple years of data to provide context either at the national level or within a state.

The dashboard charts are interactive. Useful features include:

• Data Point Value: Hover your mouse pointer over any chart to view an attribute bubble containing the data value.
• Data Series Displayed: Use the chart legend shown below the chart to control which data series are shown on the chart. Click to enable (or disable) data series displayed. The chart axis will resize to best accommodate the enabled series.
• Zoom: Using your mouse pointer, drag out a rectangle in the chart. The chart will adjust to zoom into the selected area. Click "Reset zoom" to return to the default chart view.
• Download Chart: Click the "Download Chart" button in the upper-right corner of the chart download the selected chart in PNG, JPEG, PDF, or SVG format.

Note: To print the entire activity dashboard, you can press the Alt and Print Screen (PrtScn) Exit keys on your keyboard while on the dashboard page. This will copy an image of the selected window to your computer's clipboard, which you can then paste into word processor or image software to print.

Worker Protection Standard (WPS) Dashboard

Facilities - Number of Agricultural Operations/Commercial Pesticide Handling Firms

40 CFR Part 170, the Worker Protection Standard (WPS) primarily affects agricultural operations (e.g., farms, forests, nurseries, greenhouses) that produce crops, use pesticides and hire labor, and/or commercial pesticide handling firms or establishments (CPHE). CPHEs include custom pesticide applicators and independent crop consultants hired by a farm, forest, nursery or greenhouse operator.

To estimate the number of agricultural operations and commercial pesticide handling establishments (CPHE) subject to the WPS, EPA obtained data from the USDA NASS 2007 and 2012 Census of Agriculture combined with information from a special tabulation of data from the 2012 and 2007 Census of Agriculture. According to the 2012 Census of Agriculture there are over 2.1 million ranches, farms, nurseries, and greenhouses in the United States. Over 1.5 million produce crops, including nursery and greenhouse production.  Almost one million of them reported using pesticides. 

Based on more refined data from the 2007 Census of Agriculture, EPA estimates that about 870,000 crop-producing establishments used pesticides in 2012 and the Agency assumes this is representative of most years. Crop-producing establishments include entities assigned to NAICS 111, crop farming, but also livestock operations assigned to NAICS 112 that also produce crops. EPA further estimates that there are 374,794 agricultural establishments that hire workers and/or handlers, of which 304,106 use pesticides.

The Agency estimates there are approximately 42,000 commercial pesticide handling establishments. EPA identified approximately 2,000 firms associated with soil preparation, planting and cultivating that employ handlers who engage in pest control services. For more information on the estimates of the universe of WPS operations, see the Information Collection Request (ICR) associated with the regulation, Docket ID # EPA-HQ-OPP-2011-0184. The ICR was revised after the Proposal. The revised ICR can be found in the docket under: Documentation of EO 12866 Review; Agricultural Worker Protection Standard Revisions Final Rule (RIN 2070-AJ22). Documents for the final rule are under the docket ID # EPA-HQ-OPP-2011-0184-2520. The ICR title within the docket for final WPS rule is “EO 12866 Documentation; Draft Submitted to OMB - ICR (RIN 2070-AJ22; Final Rule)”

Farm Workers/Pesticide Handlers

This metric is an estimate of how many farm workers and pesticide handlers are covered by the WPS.  An exact number of workers covered is difficult to pinpoint and thus EPA has estimated the number using publicly available data from the 2012 Census of Agriculture combined with information from a special tabulation of data from the 2012 and 2007 Census of Agriculture. The analysis estimated that approximately 2.3 million farm workers are hired by agricultural establishments, all of whom are potentially exposed to the risks of adverse health effects from pesticide exposure. Agricultural workers include some who handle pesticides and others who do not handle pesticides directly. Agricultural workers may be exposed to pesticide residues either through contact with residues on treated agricultural plants, soil, or water or through accidental contact from drift or misdirected application.

Additionally, EPA estimated that there are approximately 42,000 commercial agricultural establishments that provide soil preparation, planting and cultivating. In these 42,000 establishments there are 14,000 handlers that engage in pest control services. Most applicators in CPHEs are certified and self-employed, and some, but not all, WPS requirements apply to them.  For more information on the estimates of the universe of WPS workers and handlers, see the Information Collection Request (ICR) associated with the regulation, Docket ID # EPA-HQ-OPP-2011-0184. The ICR was revised after the Proposal. The revised ICR can be found in the docket under: Documentation of EO 12866 Review; Agricultural Worker Protection Standard Revisions Final Rule (RIN 2070-AJ22). Documents for the final rule are under the docket ID # EPA-HQ-OPP-2011-0184-2520. The ICR title within the docket for final WPS rule is “EO 12866 Documentation; Draft Submitted to OMB - ICR (RIN 2070-AJ22; Final Rule)”

Inspections

This metric is a count of information about compliance monitoring activities at agricultural operations covered by the worker protection standard.  Inspections, along with reviews of any information EPA or states require to be submitted, help EPA and states ensure that agricultural operations are in compliance with FIFRA and applicable state laws and regulations to protect workers from unreasonable risk of exposure to pesticides.

This metric counts total number of FIFRA WPS inspections conducted by states, tribes and EPA at agricultural operations covered by the Worker Protection Standard. The data includes inspections conducted with both federal and state inspector credentials/authority. The state and tribe inspection counts are based on the 2011 – 2015 annual summaries of pesticide inspection and enforcement accomplishments submitted on EPA form 5700-33H WPS. Inspections of WPS operations that do not include all the required elements to meet the definition of a WPS inspection, will be counted under agriculture use inspections, but will not appear in the WPS Dashboard.

The EPA inspection count is derived from a data query of ICIS.

Violations

This metric displays information about the number of WPS violations of the WPS found at agricultural operations from 2011 – 2015 during inspections.  This metric is limited to violations reported by states and tribes on the 5700-33H WPS report form.  EPA violation data does not exist in ICIS.  A violation means that the agricultural establishment was found to be out of compliance with the worker protection requirements.  

Violation Types

This metric is a count of the types of violations documented during inspections as reported on the 5700-33H WPS form. All WPS violations are violations of the pesticide label which requires compliance with the WPS. The dashboard shows a further categorization of these label violations. States and tribes report how many of 10 major violation types were documented during an inspection.  There can be more than 1 violation type determined during an inspection. States and tribes report on violation types to highlight areas of the WPS Rule where compliance difficulties remain, and where compliance assistance, additional training and education, and/or enforcement targeting may be focused and used to monitor national trends.

Enforcement Actions

This metric is a count of the EPA, state, and tribal enforcement actions taken during the reporting period against agricultural establishments that violate the WPS.  Note, enforcement actions taken may be in response to violations found through inspections conducted in a previous reporting period.  If violations are detected during inspections or are reported to the government by establishments, several paths may be taken to return an establishment to compliance. EPA, States, and Tribes typically follow an Enforcement Response Policy to guide the appropriate response. In some situations, violations are minor. Many of these violations are corrected by the facility without the need for an enforcement action. Other violations may require an "informal" or a formal notice to the facility that an enforcement proceeding may occur if the violation is not resolved in an established time frame. More serious or continuing violations that are not corrected by the facility may warrant formal enforcement actions. This could include: administrative orders for compliance, administrative penalty orders, or judicial cases filed in state or federal court.

The enforcement metric is derived from the reported count of enforcement actions taken by state, and tribal governments against establishments regulated under the WPS. The state and tribe enforcement counts only include enforcement actions taken by the state or tribal authority. The state and tribe inspection counts are based on the 2011 - 2015 annual summaries of pesticide inspection and enforcement accomplishments submitted on EPA form 5700-33H WPS. They include: civil complaints; criminal referrals; administrative hearings conducted; license/certificate revocation; license/certificate conditioned or modified; warning letters; stop sale, seizure, quarantine or embargo actions; and cases forwarded to EPA.  The Dashboard renames “cases forwarded to EPA” as “sent to EPA.” This category includes the number of cases states send to EPA for follow-up action and the number of inspection reports for inspections tribes conduct using federal credentials.  The Dashboard combines several categories such as stop sale, seizure and quarantine; administrative hearings conducted and civil complaints.  There were no criminal actions reported. 

Most states report some enforcement actions under the category “other enforcement actions.”  The FIFRA Cooperative Agreement Guidance says this category includes any other written, verifiable enforcement action initiated by the state, tribe or federal agency that is not comparable to one of the other enforcement action categories.  States have a variety of enforcement responses which are reported as “other”.  Examples include: citation for violation; notice of non-compliance; field notification of non-compliance with instructions to correct by a date certain; stop action order; and informal settlement conference.  The Dashboard renames “other” enforcement actions as Additional Actions.

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Establishment Dashboard

Data Sources

Three independent database sources were used to create this dashboard. 1) The Section Seven Tracking System (SSTS) is the database of registered pesticide producing establishments that manufacture pesticides for sale/use in the U.S. ("Production" includes formulation, packaging, repackaging, labeling and relabeling). 2) The Integrated Compliance Information System (ICIS) is an internal EPA database of compliance and enforcement activities conducted by EPA. 3) 5700-33H data: States and tribes report annually to EPA a summary of their total annual pesticide inspection and enforcement accomplishments using EPA Form 5700-33H. EPA has summarized the state and tribe 5700-33H data in a spreadsheet.

Establishments Regulated

This metric is a total count of registered pesticide-producing establishments that are regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Establishments that produce pesticides, active ingredients or devices, including companies or establishments that import into the United States, must first register the establishment, then file initial and annual production reports with EPA. Production of a pesticide includes formulation, packaging, repackaging, labeling or relabeling. After an application to EPA, establishments are registered and receive an EPA Establishment Number as required by Section 156.10 of the 40 Code of Federal Regulations. EPA retains an inventory of the registered establishments in the Section Seven Tracking System (SSTS). The number of foreign and domestic establishments regulated was derived from a count of the number of foreign domestic facilities in SSTS on August 27, 2014.  

Inspections

This section displays information about compliance monitoring activities at registered pesticide establishments. Inspections, along with reviews of any information EPA or states require to be submitted, help EPA and states ensure that facilities are in compliance with environmental laws/regulations.

This metric is the count of FIFRA producing establishment inspections conducted by EPA and states and tribes. The inspection counts include inspections conducted with both federal and state inspector credentials/authority. (Note: only inspections conducted with federal inspection authority are subsequently reviewed by EPA regions and a violation determination is made.) The state and tribe inspection counts are based on the 2011, 2012, 2013 and 2014 annual summaries of pesticide inspection and enforcement accomplishments submitted in EPA form 5700-33H.

The EPA inspection count is derived from a data query of ICIS. At this time, ICIS data does not clearly identify producing establishments for each inspection record. The EPA inspection data estimates the number of producing establishments inspected by counting the following EPA FIFRA inspection types: 1) Establishment General Product Review, 2) Establishment Records Review, and 3) Establishment Specific Product Review.

Violations

This metric displays information about violations of environmental regulations noted at regulated establishments. This metric is limited to violations determined by EPA. Currently, states and tribes are not required to submit producing establishment violation data on the 5700-33h form and as such, this data is not tracked by EPA. EPA learns of violations by several means, including regular reporting by the regulated establishments and EPA, state, and tribal inspections.

ICIS data does not clearly identify a producing establishment for each enforcement record. A violation may indicate that the facility/pesticide product: adulterated or misbranded product, the producing establishment failed to register with EPA, failed to file reports, misbranded a product or device, the product contains a difference in composition from the label, is misbranded, the label was altered, the product was misused, sold an unregistered product, etc.

A violation at a producing establishment means it was out of compliance with an environmental requirement in FIFRA and its respective regulations. As noted previously, only violations of federally credentialed inspections are counted because state inspection violations are not reported to EPA.

Enforcement Actions

This metric is a count of the EPA and state/tribal enforcement actions against producing establishments. If violations are detected during inspections or are reported to the government by regulated establishments, several paths may be taken to return a facility to compliance. In some situations, violations are minor. Many of these violations are corrected by the facility without the need for an enforcement action. Other violations may require an "informal" notice to the facility that an enforcement proceeding may occur if the violation is not quickly resolved. More serious or continuing violations that are not corrected quickly by the facility may warrant formal enforcement actions. This could include administrative orders for compliance, administrative penalty orders, or civil judicial cases filed in federal court.

The enforcement metric is derived from the count of enforcement actions taken by EPA, state, and tribal governments against pesticide producing establishments. The state and tribe enforcement counts only include enforcement actions under state/tribal authority by state or tribal credentialed inspector. One of the enforcement types is referral to EPA. The state and tribe inspection counts are based on the 2011, 2012, 2013 and 2014 annual summaries of pesticide inspection and enforcement accomplishments submitted on EPA form 5700-33H. They include civil complaints; criminal referral; administrative hearing conducted; license/certificate revocation; license/certificate conditioned or modified; warning letter; stop sale, seizure, quarantine or embargo; and cases forwarded to EPA.

The Federal enforcement counts are derived from ICIS and are a count of Federal concluded cases. Common enforcement types are an administrative compliance order and an administrative penalty order.

Penalties

This section displays information about EPA assessed penalties against companies/entities with regulated establishments that had violations. Penalty charts reflect the total dollar amount of final monetary penalties for enforcement actions.

Civil administrative and judicial actions often end with a settlement, an agreed upon resolution to an enforcement case. In the settlements, EPA or the state often requires injunctive relief (actions needed to return to compliance and correct environmental damage) and the payment of penalties. Settlements also may include Supplemental Environmental Projects, environmentally beneficial projects that a defendant/respondent agrees to undertake in settlement of an enforcement action, but which the defendant/respondent is not otherwise legally required to perform.