Senate Bill sb2558

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    Florida Senate - 2003                                  SB 2558

    By Senator Hill





    1-758-03

  1                      A bill to be entitled

  2         An act relating to worker safety with respect

  3         to agricultural pesticides; creating s.

  4         487.2011, F.S.; providing a short title;

  5         creating s. 487.2021, F.S.; declaring

  6         legislative intent; creating s. 487.2031, F.S.;

  7         defining terms; creating s. 487.2041, F.S.;

  8         providing for enforcement of federal worker

  9         protection regulations; creating s. 487.2051,

10         F.S.; requiring agricultural employers to make

11         agricultural pesticide information available to

12         workers, designated representatives, and

13         medical personnel; creating s. 487.2061, F.S.;

14         prohibiting agricultural employers from failing

15         to provide required information and from taking

16         retaliatory action against workers for

17         exercising their rights; creating s. 487.2071,

18         F.S.; providing penalties; providing for relief

19         against retaliation; providing for monitoring

20         complaints of retaliation; providing for a

21         report; providing an effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Section 487.2011, Florida Statutes, is

26  created to read:

27         487.2011  Short title.--This part may be cited as the

28  "Florida Agricultural Worker Safety Act" and shall be

29  administered by the Department of Agriculture and Consumer

30  Services.

31  

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    Florida Senate - 2003                                  SB 2558
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 1         Section 2.  Section 487.2021, Florida Statutes, is

 2  created to read:

 3         487.2021  Legislative intent.--It is the intent of the

 4  Legislature, by this part, to ensure that agricultural workers

 5  employed in the state receive protection from agricultural

 6  pesticides.  The Legislature intends to assure that

 7  agricultural workers be given information concerning

 8  agricultural pesticides.

 9         Section 3.  Section 487.2031, Florida Statutes, is

10  created to read:

11         487.2031  Definitions.--For purposes of this part, the

12  term:

13         (1)  "Agricultural employer" means any person who hires

14  or contracts for the services of workers, for any type of

15  compensation, to perform activities related to the production

16  of agricultural plants, or any person who is an owner of or is

17  responsible for the management or condition of an agricultural

18  establishment that uses such workers.

19         (2)  "Agricultural establishment" means any farm,

20  forest, nursery, or greenhouse.

21         (3)  "Agricultural plant" means any plant grown or

22  maintained for commercial or research purposes and includes,

23  but is not limited to, food, feed, and fiber plants, trees,

24  turfgrass, flowers, shrubs, ornamentals, and seedlings.

25         (4)  "Department" means the Department of Agriculture

26  and Consumer Services or its authorized representative.

27         (5)  "Designated representative" means any person or

28  organization to whom a worker gives written authorization to

29  exercise the right to request the agricultural pesticide

30  information pursuant to this part.

31  

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    Florida Senate - 2003                                  SB 2558
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 1         (6)  "Fact sheet" means any state or federally approved

 2  fact sheet.

 3         (7)  "Material safety data sheet" means written or

 4  printed material concerning an agricultural pesticide which

 5  sets forth the following information:

 6         (a)  The chemical name and the common name of the

 7  agricultural pesticide.

 8         (b)  The hazards or other risks in the use of the

 9  agricultural pesticide, including:

10         1.  The potential for fire, explosions, corrosivity,

11  and reactivity.

12         2.  The known acute health effects and chronic health

13  effects of risks from exposure to the agricultural pesticide,

14  including those medical conditions which are generally

15  recognized as being aggravated by exposure to the agricultural

16  pesticide.

17         3.  The primary routes of entry and symptoms of

18  overexposure.

19         (c)  The proper precautions, handling practices,

20  necessary personal protective equipment, and other safety

21  precautions in the use of or exposure to the agricultural

22  pesticide, including appropriate emergency treatment in case

23  of overexposure.

24         (d)  The emergency procedures for spills, fire,

25  disposal, and first aid.

26         (e)  A description of the known specific potential

27  health risks posed by the agricultural pesticide, which

28  description is written in lay terms and is intended to alert

29  any person who reads the information.

30         (f)  The year and the month, if available, that the

31  information was compiled and the name, address, and emergency

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    Florida Senate - 2003                                  SB 2558
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 1  telephone number of the manufacturer responsible for preparing

 2  the information.

 3         (8)  "Retaliation" means actions, such as dismissal,

 4  demotion, harassment, blacklisting with other employers,

 5  reducing pay or work hours, or taking away company housing, by

 6  any agricultural employer against any worker who exercises any

 7  right under the United States Environmental Protection Agency

 8  Worker Protection Standard, 40 C.F.R. s. 170.7(b) (August 21,

 9  1992) or this part.

10         (9)  "Trainer" means any person who qualifies to train

11  workers under the pesticide safety training requirements of

12  the United States Environmental Protection Agency Worker

13  Protection Standard, 40 C.F.R. s. 170.130 (August 21, 1992).

14         (10)  "Worker" means any person, including a farmworker

15  or a self-employed person, who is employed for any type of

16  compensation and who is performing activities relating to the

17  production of agricultural plants on an agricultural

18  establishment. The term "worker" does not include any person

19  employed by a commercial pesticide handling establishment to

20  perform tasks as crop advisors.

21         Section 4.  Section 487.2041, Florida Statutes, is

22  created to read:

23         487.2041  Enforcement of federal worker protection

24  regulations.--The department shall adopt by rule the

25  regulations established by the United States Environmental

26  Protection Agency Labeling Requirement for Pesticides and

27  Devices, 40 C.F.R. part 156, and the Worker Protection

28  Standard, 40 C.F.R. part 170, adopted August 21, 1992.  If the

29  provisions of this part are preempted in part by federal law,

30  those provisions not preempted shall apply.

31  

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    Florida Senate - 2003                                  SB 2558
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 1         Section 5.  Section 487.2051, Florida Statutes, is

 2  created to read:

 3         487.2051  Availability of agricultural pesticide

 4  information to workers and physicians.--

 5         (1)(a)  The agricultural employer shall make available

 6  agricultural pesticide information concerning any agricultural

 7  pesticide to any worker who enters an agricultural pesticide

 8  treated area on an agricultural establishment where, within

 9  the last 30 days, an agricultural pesticide has been applied

10  or a restricted-entry interval has been in effect or to any

11  worker who may be exposed to the agricultural pesticide during

12  normal conditions of use or in a foreseeable emergency.

13         (b)  The agricultural pesticide information shall be in

14  the form of a material safety data sheet or a state or

15  federally approved fact sheet.  The agricultural employer

16  shall provide a written copy of the information specified in

17  this section within 2 working days of a request for the

18  information by a worker, a designated representative of the

19  worker, or medical personnel treating the worker.

20         (c)  The distributor, manufacturer, or importer of

21  agricultural pesticides shall prepare and provide each direct

22  purchaser of agricultural pesticides with a material safety

23  data sheet.  If the material safety data sheet or fact sheet

24  for the agricultural pesticide is not available at the time

25  the agricultural pesticide is purchased, the agricultural

26  employer shall take appropriate and timely steps to obtain the

27  material safety data sheet or fact sheet from the distributor,

28  the manufacturer, the department, a federal agency, or another

29  distribution source.

30         (2)  The department shall design and make available to

31  the trainer a one-page general agricultural pesticide safety

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    Florida Senate - 2003                                  SB 2558
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 1  sheet, hereafter referred to as "safety sheet."  This safety

 2  sheet must be in a language understood by the worker and must

 3  include, but is not limited to, illustrated instructions on

 4  prevention of agricultural pesticide exposure and toll-free

 5  numbers to the Florida Poison Control Centers so that workers

 6  may call for additional agricultural pesticide exposure

 7  information.  The trainer shall provide to the worker the

 8  safety sheet at the time of training pursuant to the United

 9  States Environmental Protection Agency Worker Protection

10  Standard, 40 C.F.R. s. 170.130 (August 21, 1992).

11         Section 6.  Section 487.2061, Florida Statutes, is

12  created to read:

13         487.2061  Prohibited acts.--It is unlawful for any

14  agricultural employer to:

15         (1)  Fail to provide agricultural pesticide information

16  as provided for in this part.

17         (2)  Take any retaliatory action against any worker for

18  exercising any right under the provisions of the United States

19  Environmental Protection Agency Worker Protection Standard, 40

20  C.F.R. s. 170.7(b) (August 21, 1992), or this part.

21         Section 7.  Section 487.2071, Florida Statutes, is

22  created to read:

23         487.2071  Penalties against agricultural employer

24  violators; worker relief; monitoring complaints of

25  retaliation.--

26         (1)  Penalties set forth in part I of this chapter

27  shall be applied to any agricultural employer who violates any

28  provision in this part. Agricultural employers who violate the

29  provisions of this part also shall be subject to the federal

30  penalties in the United States Environmental Protection Agency

31  Worker Protection Standard, 40 C.F.R. s. 170.9(b).

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    Florida Senate - 2003                                  SB 2558
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 1         (2)(a)  Any worker who has been retaliated against by

 2  any agricultural employer for exercising any right under the

 3  United States Environmental Protection Agency Worker

 4  Protection Standard, 40 C.F.R. s. 170.7(b) (August 21, 1992)

 5  or this part, may seek relief under ss. 448.102-448.104.

 6         (b)  Any worker who has been retaliated against by any

 7  agricultural employer for exercising any right under the

 8  United States Environmental Protection Agency Worker

 9  Protection Standard, 40 C.F.R. s. 170.7(b) (August 21, 1992)

10  or this part and seeks relief pursuant to this section, or the

11  worker's designated representative, shall file a complaint

12  with the department of such retaliation.

13         (c)  In any action brought pursuant to this section

14  where the retaliatory personnel action is predicated upon the

15  disclosure of an illegal activity, policy, or practice to an

16  appropriate governmental agency, the worker shall not be

17  required to show that the disclosure to the government agency

18  was under oath or in writing or that the notification to the

19  employer concerning the illegal activity, policy, or practice

20  was in writing as provided in s. 448.102(1).

21         (3)  The department shall monitor all complaints of

22  retaliation which it receives and report its findings to the

23  President of the Senate and the Speaker of the House of

24  Representatives on October 1, 2006. The report shall include

25  the number of such complaints received, the circumstances

26  surrounding the complaints, and the action taken concerning

27  the complaints.

28         Section 8.  The Division of Statutory Revision is

29  requested to designate sections 487.011-487.175, Florida

30  Statutes, as part I of that chapter and sections

31  487.2011-487.2071, Florida Statutes, as created by this act,

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    Florida Senate - 2003                                  SB 2558
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 1  as part II of that chapter. The division is further requested

 2  to name part II the "Florida Agricultural Worker Safety Act."

 3         Section 9.  This act shall take effect July 1, 2003.

 4  

 5            *****************************************

 6                          SENATE SUMMARY

 7    Creates the Florida Agricultural Worker Safety Act.
      Requires the Department of Agriculture and Consumer
 8    Services to adopt United States E.P.A. worker protection
      regulations. Requires agricultural employers to make
 9    available agricultural pesticide information. Requires
      distributors, manufacturers, and importers of pesticides
10    to provide such information to purchasers of pesticides.
      Provides penalties for failing to make required
11    information available and for taking retaliatory action
      against workers exercising their rights.
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