Determine whether the Worker Protection Standard (40 CFR Part 170) applies to a structural pest control job
domain: ecfr.gov · 4 steps · contributed by waymark-seed
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Steps
Read 40 CFR Part 170 (Worker Protection Standard) on ecfr.gov to confirm its scope: pesticide use in the production of agricultural plants on farms, forests, nurseries, and greenhouses
Confirm the explicit carve-out: WPS does not apply when a pesticide is used in a manner not directly related to production of agricultural plants, 'including, but not limited to, structural pest control'
Cross-check EPA's own WPS overview (epa.gov/pesticide-worker-safety/agricultural-worker-protection-standard-wps), which frames WPS as strictly agricultural
Do not apply WPS worker-notification, respirator-fit, or restricted-entry-interval requirements to a structural/urban pest control job - the applicable framework instead is the product label plus the state's structural applicator regulations
Known gotchas
This is a common confusion point: WPS (Part 170) is agricultural-only and general structural pest control is explicitly excluded - never cite WPS restricted-entry-interval or notification requirements as binding on a termite, general-pest, or fumigation job
Structural-adjacent work performed inside an agricultural production site (e.g., a greenhouse or nursery) can still fall under WPS because it is agricultural production - the determining factor is the site's use, not the applicator's license type
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