Idaho State Department Of Agriculture

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Idaho State DepartmentOf Agriculture
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Bob SpencerAgriculture Program Manager(208)
332-8613bspencer_at_agri.state.id.us
Division of Agricultural Resources
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Canyon County Worker Exposure Case
July 5, 2005

• Grower called in the morning to have the labor
  foreman and his crew weed his onion field
• Grower called his fieldman to check his onions
  for insects and diseases
• Grower and fieldman decided onions needed
  spraying with Lannate Mustang Max Dithane
• Fieldman delivered chemical to applicator and
  mapped out the fields to be sprayed
• Applicator (office manager) told fieldman they
  might get to it that evening

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Worker Exposure Case (cont.)

• Workers showed up on the afternoon of July 5th
  and weeded part of the onion field
• Applicator started spraying the onion fields at
  2358 hours on July 5th and finished at 0130 hours
  on July 6th.

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Worker Exposure Case (cont.)

• 29 field workers entered the field at 0600 hours
  and finished weeding the field at 1100 hours
• Workers moved to a sugar beet field, became
  nauseous, dizzy, vomiting, diarrhea, difficulty
  breathing
• Crew foremen called 911
• HazMat Response Team setup decontamination site

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• Concerns during Emergency Medical Response
• Privacy of individuals during decontamination
• Communication with workers only two EMRs spoke
  Spanish
• Chain-of-Custody issues to collect clothing
  samples

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Worker Exposure Case (cont.)

• Several workers sent to hospital to be checked
  out, some were kept overnight, others were
  released and told not to go back to the fields
  for several days
• ISDA initiated investigation on July 6th
• ISDA attended public meeting with workers
• Lots of media attention locally nationwide

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Lannate LV Label
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Lannate LV Label
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Worker Exposure Case (cont.)

• Applicator failed to notify the grower when the
  field was going to be sprayed
• Grower was notified by applicator on the
  afternoon of July 6th the field had been sprayed

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Worker Exposure Case Violations Penalties

• Grower
• Failed to train his workers
• Failed to maintain Central Location
• 3 counts of Use Inconsistent with the label
  WPS
• 3,000 x 3 9,000 total civil penalty
• Paid penalty 6,750

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Worker Exposure Case Violations Penalties

• Labor Contractor
• Failed to train workers
• Failed to have decontamination site available
• 3 counts of Use Inconsistent with the label
  WPS
• 3,000 x 3 9,000 total civil penalty

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Worker Exposure Case Violations Penalties

• Applicator (second offense within past 3 years)
• Failed to provide Exchange of Information to
  grower
• 3 counts of Use Inconsistent with the label
  WPS
• 3,000 x 3 9,000 civil penalty
• 8 days license suspension x 3 24 days license
  suspension
• 1 count of Faulty, Careless Negligence
• 3,000 x 1 3,000 civil penalty
• 8 days license suspension x 1 8 days license
  suspension
• Total penalty
• 12, 000 20 consecutive days license suspension

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Worker Exposure Case Violations Penalties

• Applicator Company
• Failed to provide Exchange of Information to
  grower
• Employees cited previously
• 3 counts of Use Inconsistent with the label
  WPS
• 3,000 x 3 9,000 civil penalty
• 1 count of Faulty, Careless Negligence
• 3,000 x 1 3,000 civil penalty
• Total Penalty
• 12,000

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Worker Exposure Case Other

• Referral to EPA to review Lannate label
• Posting only required for grapes
• Lack of interest for changing label from EPA
  DuPont
• EPA Criminal investigation was initiated
• Criminal case was dropped
• Pending lawsuit from workers
• At least four workers still claiming adverse
  effects
• Increased Insurance Premiums
• Workmans Compensation claims
• Local and National media attention
• ICAN proposed new Rules
• Rule was held in committee March 2006
• Legislative tour scheduled in July 2006
• Reintroduce revised legislation in 2007

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THANK YOU! ANY QUESTIONS?

• Bob Spencer
• Division of Agricultural Resources
• [phone]
• bspencer_at_agri.state.id.us