Farmworkers: Additional Information Needed to Better Protect Workers from Pesticide Exposure
Fast Facts
An EPA regulation allows farmworkers to designate a representative to find out which pesticides are used where they work. This information can help farmworkers with pesticide exposure illnesses get faster diagnoses and better treatment.
Farmers have raised concerns that other farmers could be misusing pesticide information for competitive advantage. The EPA, state officials, and others told us they didn't know of any instances of misused information. But EPA guidance doesn't outline how pesticide information should be used.
We made 2 recommendations, including that the EPA explain its expectations on the appropriate use of pesticide information.
Farmworkers in Georgia Picking Strawberries
Highlights
What GAO Found
The U.S. Environmental Protection Agency (EPA) and states ensure compliance with the Agricultural Worker Protection Standard (WPS) primarily through inspections of farms. The states collect some information—such as the number of inspections they conduct—and provide that information to EPA as part of cooperative agreements between EPA and the states. The extent of use of the designated representative provision of the WPS, and its effect on the availability of pesticide information, are not known because EPA does not collect information on the use of the provision and does not coordinate with states to do so. EPA's guidance to states for conducting inspections encourages, but does not require, state inspectors to ask farmers and farmworkers about whether a designated representative has been used. EPA officials said that the agency has not asked states to collect information on the provision because the agency has focused on compliance with other aspects of the WPS. By coordinating with states, through the cooperative agreements or some another mechanism, to collect information on the use of the designated representative provision, EPA would be better positioned to determine whether the provision is serving its intended purpose.
Some stakeholders have raised concerns about potential misuse of pesticide information, such as other farmers using the information obtained by a designated representative to gain a competitive advantage. However, EPA officials, state officials, and stakeholders told us they did not know of any instance in which a person serving as a designated representative misused the pesticide information obtained from farmers. Neither EPA's guidance nor its website explain the agency's expectations for appropriate use or describe how such information could be misused. EPA officials said that the agency has not explained what constitutes misuse. By explaining, in the agency's guidance, on its website, or through another mechanism, EPA's expectations about appropriate use of pesticide information obtained by designated representatives, including the misuse of such information, the agency could ensure designated representatives understand the importance of the information in reducing the consequences of pesticide exposure.
Farmworkers Picking Strawberries at a Farm
Why GAO Did This Study
The use of pesticides contributes to U.S. agricultural productivity by protecting crops against pests or weeds, but this use may pose risks to human health. To reduce the consequences of pesticide exposure to farmworkers' health, EPA revised the WPS in 2015 to include a provision that allows a farmworker to identify a person who can request, for their benefit, certain pesticide information from their employer—this is called the designated representative provision.
This report examines (1) what is known about the extent of use and effect of the designated representative provision on the availability of pesticide information and (2) what is known about any misuse of information obtained through the provision.
GAO reviewed laws, regulations, and guidance, and interviewed officials from EPA and 13 selected states about how they implement and oversee compliance with the standard. GAO also interviewed stakeholders, such as farmer groups and farmworker advocacy groups.
Recommendations
GAO is making two recommendations to EPA to (1) coordinate with states to collect information on the use of the designated representative provision and (2) take steps to explain, in guidance, on its website, or through another mechanism, the agency's expectations about appropriate use of pesticide information obtained by a designated representative and describe potential misuse of such information. EPA agreed, in part, to both recommendations.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Environmental Protection Agency | The Assistant Administrator for EPA's Office of Enforcement and Compliance Assurance should coordinate with states to collect information on the use of the designated representative, either through its annual cooperative agreement work plans with states or another mechanism. The collection of information on use could include consistently compiling the information obtained through inspections across states—specifically, whether farmworkers are using designated representatives and whether farmers are providing the information to the designated representatives within the time frames required by the WPS. (Recommendation 1) |
According to EPA, as of December 2021, the agency coordinated with the Association of American Pest Control Officials - State FIFRA Issues Research and Evaluation Group (AAPCO/SFIREG) to provide information on their members' use of the designated representative provision. AAPCO/SFIREG received responses from twenty-seven states, one tribe, and the District of Columbia. According to the respondents to the AAPCO/SFIREG questions, there was compliance with the designated representative provision in their states. However, some respondents thought additional training and compliance assistance materials could be helpful. We consider this recommendation to be implemented and encourage EPA to periodically reach out to such stakeholders for information on the use of the designated representative provision.
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| Environmental Protection Agency | The Director for EPA's Office of Pesticide Programs should, in the agency's guidance, on its website, or through another mechanism, explain EPA's expectations about the appropriate use of the pesticide information obtained by a designated representative, including describing potential misuse of such information. (Recommendation 2) |
According to EPA, as of December 2021, the agency would assess information collected by the Association of American Pest Control Officials - State FIFRA Issues Research and Evaluation Group (AAPCO/SFIREG) to determine whether the designated representative provision is fulfilling its intended purpose and how EPA can support understanding and compliance with the provision. In addition, EPA is in the process of addressing the clarity of its webpages on the Worker Protection Standard and the designated representative provision. According to the agency, it will assess the need for developing additional guidance and educational materials and complete any efforts by December 2023. As of May 2024, we are following up with EPA and will update this recommendation when we have received additional information.
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