1. (a) The employer shall instruct employees in the safe operation of any equipment used for mixing, loading, transferring, or applying pesticides prior to initial use of the equipment and at least annually thereafter.

2. (b) The employer shall ensure equipment used for mixing, loading, transferring, or applying pesticides is inspected before each day of use, is in operating condition as intended by the manufacturer, and can be used without risk of reasonably foreseeable adverse effects to the employee, other persons, or the environment. Equipment with any safety defect must be repaired or replaced before use.

   1. (2) Flexible hoses carrying liquid pesticides in toxicity categories one or two under pressure must not pass unshielded through the cockpit of an airplane or helicopter.
   2. (3) Shut-off devices must be installed on the exit end of all hoses carrying liquid pesticides in toxicity categories one or two from mixing tanks that are adequate to prevent splashes onto the employee doing the loading when filling operations are stopped and the filler hose is removed from the inlet to the tank of the application vehicle. As an alternative, a reversing action pump, or a similar system, may be used that will empty the hose and will eliminate dripping of liquid from the end of the hose when the filling operation is stopped.

   3. (4) Each tank, with a capacity of more than 49 gallons, that is used to mix or apply any liquid mixture derived from a pesticide in toxicity categories one or two, must have either:

      1. (A) a properly functioning means to indicate externally the internal liquid level in the tank such as a sight gauge; or
      2. (B) the tank or the filler hose nozzle must have a device that will automatically stop the filling operation before the pesticide liquid mixture spills over the top.
   4. (5) All external sight gauges must be protected against breakage and be equipped with valves so the pipes or tubes connected to the sight gauge can be shut off.

   (c)(1) All openings on tanks used for mixing or applying pesticides must be equipped with covers that will prevent splashes and spills.

Note: Authority cited: Sections 11456 and 12981, Food and Agricultural Code. Reference: Sections 12980 and 12981, Food and Agricultural Code.

History

1. Amendment of subsection (b)(1) filed 8-1-86; effective thirtieth day thereafter (Register 86, No. 31).

2. Editorial correction of printing error in subsection (b) (Register 91, No. 33).

3. Amendment of subsection (a) and Note filed 12-31-96; operative 1-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 1).

4. Amendment of subsections (b)(1)-(b)(4) and (b)(4)(B), new subsection (b)(5) and amendment of Note filed 11-4-2015; operative 1-1-2016 (Register 2015, No. 45).

5. New subsection (a), subsection relettering and amendment of newly designated subsection (b) filed 6-30-2023; operative 1-1-2024 (Register 2023, No. 26).