1. (1) In the event that drift makes contact with labor housing areas or other structures used by employees, including enclosed agricultural structures within an AEZ, the employer must ensure that it is properly cleaned up with a minimum of employee or housing occupant exposure.

   Note: Identifying and addressing any issues resulting from the spray application are the responsibility of the employer; any employees assigned these duties must have training appropriate to the job expectations.

2. (2) To encourage innovation, including the use of EPA’s Drift Reduction Technology and other methods that the employer can demonstrate reduce the potential for spray drift, Oregon OSHA may grant approval for an AEZ that differs from the rule requirements yet meets the intent of these rules through the variance process described in OAR 437-001-0400.

   Note: Examples of possible innovations include:

   Advanced application practices for handlers in the prevention of spray drift (which may include using only one side of the application equipment) and the use of the Environmental Protection Agency’s Drift Reduction Technologies

   Two applicators, one monitoring conditions and remaining in contact with applicator of the treated area

   Safer chemicals and chemistries

Statutory/Other Authority

ORS 654.025(2) & ORS 656.726(4)

Statutes/Other Implemented

ORS 654.001-654.295 & ORS 654.750-654.780

History

OSHA 2-2018, adopt filed 06/29/2018, effective 01/01/2019