Department of Pesticide Regulation

CIVIL PENALTY ACTIONS AGAINST EMPLOYERS OR EMPLOYEES FOR MATTERS INVOLVING PESTICIDE WORKER SAFETY

Earlier this year, representatives of the Department of Pesticide Regulation (DPR) and the Pesticide Regulatory Affairs Committee (PRAC) met to discuss civil penalty actions for matters involving pesticide worker safety. It was determined that clear and concise guidelines would facilitate the consistency of actions taken by county agricultural commissioners within the current laws and regulations.

DPR drafted a set of guidelines and three template letters, which were reviewed by PRAC subcommittee members and the area groups. DPR considered all the comments received, incorporated many suggestions, and distributed a preview of the enclosure at the September 2001 PRAC meeting. The committee acknowledged that the guidelines reflected the legal interpretation and provided information that commissioners should be aware of.

The enclosed information provides the legal concepts DPR will rely upon when considering a pesticide worker safety appeal pertaining to employers or employees. If you have any questions pertaining to this document, please contact your Senior Pesticide Use Specialist Liaison.

cc:  Mr. Paul H. Gosselin, Chief Deputy Director (w/Enclosure)
      Ms Sharon Dobbins, Chief Counsel (w/Enclosure)
      Mr. Douglas Y. Okumura, Assistant Director (w/Enclosure)
      Mr. Scott T. Paulsen, Enforcement Branch Chief (w/Enclosure)
      Mr. Daniel J. Merkley, Agricultural Commissioner Liaison (w/Enclosure)
      Ms. Mona Montano, Program Specialist (w/Enclosure)
      Montano Surname File