Reference Toolbox – Vineyards Vineyard Operations
Vineyards - Vineyard Operations
CHEMICAL APPLICATION
Pesticide Licensing comes with a long list of dos and don'ts. Vineyard managers should pay close attention to when they would need a license and when they would not.
Generally, a license is not needed when:
- Applying pesticides, other than Restricted Use Pesticides (RUPs), to property owned by you or your employer.
- Applying general use pesticides by public employees with non-powered equipment, except on school properties.
- Advising others on general use pesticides.
- Applying pesticides as a part of landscape maintenance under specific conditions.
A license is needed when:
- Buying, applying, or supervising the use of RUPs
- Advising others on the use of RUPs
- Applying pesticides to someone else’s property (private or public land)
- Applying pesticides as a public employee using machine-powered equipment and/or applying RUPs
- Applying pesticides on school properties
Vineyard managers will also need to know the difference between a certification and a license. Certification is the process of demonstrating a person knows how to handle and apply pesticides in a safe and responsible manner. Certification examinations must be taken in specific categories of application to obtain a pesticide license. A passing score of 70% or higher on pesticide exams is required to become certified. Certification is the first step to obtaining a pesticide license. Licensing is the process to obtain the actual license that shows that a person has met certification requirements to make specific pesticide applications under that license. To get a license: (1) After passing the exams, fill out the correct form (2) pay the license fee and any other associated fees (3) submit both to the Oregon Department of Agriculture (ODA). All licenses are renewed annually, except for the Private Applicator license, which is renewed every 5 years.
Pesticides pose risks of short- and long- term illness to farmworkers and their families if not handled properly. The Environmental Protection Agency (EPA) oversees pesticide use through the Worker Protection Standard (WPS). The WPS protects employees on farms, forests, nurseries, and greenhouses from occupational exposure to agricultural pesticides. The regulation covers two types of workers:
- Pesticide handlers -- those who mix, load, or apply agricultural pesticides; clean or repair pesticide application equipment; or assist with the application of pesticides in any way.
- Agricultural workers -- those who perform tasks related to the cultivation and harvesting of plants on farms or in greenhouses, nurseries, or forests. Workers include anyone employed for any type of compensation (including self-employed) doing tasks -- such as carrying nursery stock, repotting plants, or watering -- related to the production of agricultural plants on an agricultural establishment. Workers do not include office employees, truck drivers, mechanics, and any others not engaged in handling, cultivation, or harvesting activities.
The WPS contains requirements for pesticide safety training, notification of pesticide applications, use of personal protective equipment, restricted-entry intervals after pesticide application, decontamination supplies, and emergency medical assistance. While EPA covers the use of respirators in the application of pesticides, OSHA's Safety and Health Topic page on Respiratory Protection provides general information on respirator use and OSHA standards that may apply with the use of other chemicals.
The WPS now requires yearly training of agricultural workers, pesticide record-keeping and enhanced posting requirements. A concise comparison chart outlines the differences between the recent revisions and the prior standards. OSHA provides a WPS page of resources with further information on WPS.
DISEASE/PEST MANAGEMENT
When considering a pesticide, evaluate its efficacy and its impact on beneficial arthropods, honey bees, and the environment. Refer to the pesticide label for instructions on the use of a specific product. The product label is a legal document that explains effective rates and methods for its use. Using the product in ways other than those described on the label is a violation of the law. Optimal pest management should be timed to coincide with vine phenology, pest presence and population levels, and climate conditions. OSU Extension Service has a Pest Management Guide, as well as pest alerts and other information regarding Oregon pests.
Red blotch associated virus is one of largest plant virus problems in Oregon. Red blotch disease can result in a significant reduction in sugar accumulation, uneven ripening, or failure to ripen, which has resulted in off flavors or unripe fruit. Nothing is more important than starting with vines that are not infected or termed “clean” in a virus management program. Once virus infected, a vine cannot be cured in the field. Symptom development can be delayed in white-fruited varieties. More information can also be found on the Pacific Northwest Pest Management Handbooks website.
Grapevine leafroll associated viruses are an important group of grapevine viral diseases affecting grapevines worldwide. The impact on vine health, crop yield, and quality is difficult to assess due to a high number of variables, but significant economic losses are consistently reported over the lifespan of a vineyard if intervention strategies are not implemented. Several viruses from the family Closteroviridae are associated with GLD. Mealybugs are a vector for this disease, therefore management of these pests is vital to protecting vineyard health. Wines and Vines wrote an article about leafroll. Also, OSU Extension has an article on prevention and management.
Powdery mildew is a fungal pathogen that affects vineyards worldwide. The symptoms of powdery mildew are easier to recognize because of their distinctive appearance. Plants infected with the pathogen display white powdery spots on the leaves and stems. A vineyard can only tolerate less than 3% on the clusters before off flavors can be tasted in the wine.
Many diseases caused by viruses and virus-like organisms are easily spread by using infected plant material. These diseases are often difficult or impossible to notice until a vineyard is established. By using clean plant material, the chances of this happening are dramatically decreased.
The National Clean Plant Network (NCPN) for Grapes is a body of industry members, experts in plant pathology, regulators and clean plant centers that were created to develop and provide healthy grapevine material to the grape industry in the United States. Find more information on their website.
More information on clean plants can be found through the multiple PowerPoints, found below along with links to relevant websites, that were presented during clean plant seminars presented throughout Oregon in May 2018.
Please remember to be considerate when using bird control practices that may create problems for your neighbors. Consult these Standards for Bird Control best practices developed by OWA and industry advisers. The annual effort to control crop loss due to migrating birds is always a challenge, but one that can cause irritation to those living near vineyards. Be a good neighbor and be sensitive to your neighbors' concerns when it comes to bird control.
The Oregon Wine Research Institute (OWRI) is a collaboration between Oregon State University, the Oregon wine industry and other academic partners. OWRI is dedicated to strengthening research ties and communicating our research efforts dedicated to supporting Oregon grape growing and winemaking.
The Oregon State University Extension Service's mission is to convey research-based knowledge in a way that is useful for people to improve their lives, their homes, and their communities.
The Oregon Wine Board funds technical research projects to address industry needs.
RIGHT TO FARM/NUISANCE
The 1993 Oregon Legislature passed “right to farm” provisions, which protect acceptable farming practices from nuisance suits. This law protects growers from court decisions based on customary noises, smells, dust, or other nuisances associated with farming. It also limits local governments and special districts from administratively declaring certain farm and forest products to be nuisances or trespasses.
A county governing body or its designate may require, as a condition of approval of a single-family dwelling, that the landowner of the dwelling sign a statement declaring that the landowner will not complain about accepted farming or forest practices on nearby lands devoted to farm or forest use. Farm operators may want to contact their county planning department regarding this option if nuisance complaints are increasing as a result of new single-family dwellings near exclusive-use farm land. Another option for resolving nuisance complaints is mediation.
Mediation is a voluntary process involving a third-party mediator who facilitates discussions and seeks potential resolutions to the disputes of the parties. The U.S. Department of Agriculture offers a Farm Mediation Program. The Oregon USDA Certified Agricultural Mediation Program (OCAMP) is the official USDA certified agricultural mediation program for Oregon. OCAMP’s services are free to the agricultural community on many issues including pesticides. Mediation is a way to resolve disputes using an impartial person to assist parties in negotiating their differences. OCAMP provides an opportunity for you to meet face to face and discuss your situation, the circumstances that led to the conflict and any ideas you would like to explore for solutions.
Vineyards which are not properly cared for pose a major threat to nearby vineyards. The primary concern is the potential threat of powdery mildew along with other diseases and pests being transferred to neighboring vineyards. .
Under Oregon law, the Oregon Department of Agriculture (“ODA”) has authority to inspect land for infested or infected crops. By statute, any place with pests or diseases injurious to crops is a public nuisance. ODA may inspect any place for pests or diseases “whenever it deems necessary.” See Or. Rev. Stat. § 570.170.
In the case of an “urgent emergency,” ODA may abate a public nuisance without first notifying the landowner or invoking judicial process. ODA must thereafter notify the landowner of the abatement activity. See id. § 570.180.
In non-emergency situations, ODA must obtain a court order before abating a nuisance. ODA must first notify the landowner of the nuisance and request that the landowner take abatement action. See id. § 570.170; id. § 570.175(1). If the landowner fails to take action, ODA must file a report with the local district attorney. The district attorney then seeks a court order declaring the premises a public nuisance and directing the abatement of the nuisance by destruction or otherwise. The landowner is responsible for the cost of abatement. See id. § 570.175.
SAFETY
Establishing a safety and health program in your workplace is one of the most effective ways of protecting your most valuable asset: your workers. Losing workers to injury or illness, even for a short time, can cause significant disruption and cost—to you as well as the workers and their families. Safety and health programs foster a proactive approach to “finding and fixing” workplace hazards before they can cause injury or illness. This collaboration builds trust, enhances communication, and often leads to other business improvements. Oregon OSHA created a vineyard safety video to help employers understand and comply with regulations. This video, which can be viewed here, is a great resource for employers regarding vineyard safety.
OSHA’s Hazard Communication Standard (HCS) is based on a simple concept—that employees have both a need and a right to know the hazards and identities of the chemicals they are exposed to when working. They also need to know what protective measures are available to prevent adverse effects from occurring. The HCS is designed to protect against chemical source illnesses and injuries by ensuring that employers and employees are provided with sufficient information to recognize chemical hazards and take appropriate protective measures. Employers are required to provide this information through comprehensive chemical hazard communication programs that include material safety data sheets (MSDSs), labels, and worker training.
Pesticides pose risks of short- and long- term illness to farmworkers and their families. The Environmental Protection Agency (EPA) oversees pesticide use through the Worker Protection Standard (WPS). The WPS protects employees on farms, forests, nurseries, and greenhouses from occupational exposure to agricultural pesticides. The regulation covers two types of workers:
- Pesticide handlers -- those who mix, load, or apply agricultural pesticides; clean or repair pesticide application equipment; or assist with the application of pesticides in any way.
- Agricultural workers -- those who perform tasks related to the cultivation and harvesting of plants on farms or in greenhouses, nurseries, or forests. Workers include anyone employed for any type of compensation (including self-employed) doing tasks -- such as carrying nursery stock, repotting plants, or watering -- related to the production of agricultural plants on an agricultural establishment. Workers do not include office employees, truck drivers, mechanics, and any others not engaged in handling, cultivation, or harvesting activities.
The WPS contains requirements for pesticide safety training, notification of pesticide applications, use of personal protective equipment, restricted-entry intervals after pesticide application, decontamination supplies, and emergency medical assistance. While EPA covers the use of respirators in the application of pesticides, OSHA's Safety and Health Topic page on Respiratory Protection provides general information on respirator use and OSHA standards that may apply with the use of other chemicals.
The WPS requires yearly training of agricultural workers, pesticide record-keeping and enhanced posting requirements.
The Field Sanitation standard (1928.110) applies to any agricultural establishment where eleven (11) or more workers are engaged on any given day in hand-labor operations in the field. OSHA standards require covered employers to provide: toilets, potable drinking water, and hand-washing facilities to hand-laborers in the field; to provide each worker reasonable use of the above; and to inform each worker of the importance of good hygiene practices. Other rules include
- One toilet facility and one hand-washing facility shall be provided for each (20) employees.
- Potable drinking water. The water shall be dispensed in single-use drinking cups or by fountains.
- The facilities shall be located within a one-quarter-mile walk of each hand laborer's place of work in the field.
Thousands of workers are affected by heat illness each year and environmental heat is a recognized hazard. Workers have the right to receive information and training about hazards and their prevention, and it is the employer's responsibility to provide this.
Unlike California, Oregon OSHA has not passed comprehensive rules specific to heat exposure. Still, some existing rules do touch on the subject: employers must make drinking water immediately available that is “suitably cool and in sufficient amounts, taking into account the air temperature, humidity and nature of the work” and also must inform employees of practices “to minimize exposure to the hazards in the field from heat” which includes frequently drinking water, especially on hot days. So remember to provide sufficient water and to encourage workers to drink water frequently on hot days.
Safety around equipment includes both energy and mechanical precautions. Utilizing lockout/tagout as a standard operating procedure will help ensure safety when working around equipment. You must document energy control procedures for use by authorized employees who lockout or tagout equipment to perform service and maintenance. A best practice to mimic would be to place “machine-specific” energy control procedures at the location of the equipment. Include photographs of the energy-isolating devices specific to the equipment. Well-written energy control procedures accurately instruct employees to do all of the following:
- Inform all affected employees of equipment shutdown
- Shut down equipment in the proper order
- Identify and engage energy-isolating devices or block hazardous energy
- Lockout or tagout the energy-isolating devices
- Remove, drain, neutralize, or block any potential (stored) energy
- Verify the equipment is isolated from hazardous energy and rendered
Injuries from vehicular incidents are serious and debilitating to farm activities. Tractor, forklift and ATV training needs to be done annually. All vineyard equipment is not constantly used and inspections should be done before beginning use.
Tractor rollovers are the single deadliest type of injury incident on farms in the U.S. A tractor can roll over suddenly and if it’s not equipped with a rollover protective structure and a seat belt, there’s a good chance the driver could be killed. The OSH Act requires an approved Rollover Protection Structure (ROPS) for all agricultural tractors over 20 horsepower that were manufactured after Oct. 25, 1976, and which are operated by a hired worker. Tractors and harvesters should be inspected before they are operated and all operators should be trained in the safe operation. Farm workers should understand the dangers of the Power Take Over (PTO) shaft. The PTO is a driveshaft, usually on a tractor, that can be used to provide power to an attachment or separate machine. Please refer to the below quick facts guide to aid in preventing a tractor rollover.
The National Safety Council has developed recommendations for using ATVs. The recommendations include:
- ATVs with an engine size of 70cc to 90cc should be operated by people at least 12 years of age.
- ATVs with an engine size of greater than 90cc should only be operated by people at least 16 years of age.
- Wear appropriate riding gear: Snell ANSI-approved helmet, goggles, gloves, over-the-ankle boots, long-sleeve shirt and long pants.
- Read owners’ manuals carefully.
- ATVs are not made for multiple riders. Never carry anyone else on the ATV.
- Any added attachments affect the stability, operating and braking of the ATV.
- Just because an attachment is available doesn't mean that it can be used without increasing your risk of being injured.
- Do not operate the ATV on streets, highways or paved roads.
OSHA’s Safety Committees and Safety Meetings rule applies to all agricultural employers whose non-seasonal workers (full time or part-time) work more than ten months during a calendar year. Employers must either have an effective safety committee or hold effective safety meetings. Employers with 10 or fewer employees may have safety meetings instead of a committee. Those employers with 11 or more must have a safety committee. These meetings and committees need to be held once a month. If employers have employees with language barriers, you must communicate safety awareness information in a manner that workers can understand. Include content that is either translated into the language used to hire and supervise these employees or that is otherwise effectively conveyed, such as through visual media.
Personal protective equipment is equipment worn to minimize exposure to hazards that cause serious workplace injuries and illnesses. These injuries and illnesses may result from contact with chemical, radiological, physical, electrical, mechanical, or other workplace hazards. Personal protective equipment may include items such as gloves, safety glasses and shoes, earplugs or muffs, hard hats, respirators, or coveralls, vests and full body suits. Employers must provide personal protective equipment to their workers and ensure its proper use. Employers are also required to train each worker required to use personal protective equipment to know:
- When it is necessary
- What kind is necessary
- How to properly put it on, adjust, wear and take it off
- The limitations of the equipment
- Proper care, maintenance, useful life, and disposal of the equipment
If PPE is to be used, a PPE program should be implemented. This program should address the hazards present; the selection, maintenance, and use of PPE; the training of employees; and monitoring of the program to ensure its ongoing effectiveness.
NOTE: This and other topics may have temporary rules due to COVID-19
Putting together a comprehensive emergency action plan involves taking what was learned from your workplace evaluation and describing how employees will respond to different types of emergencies taking into account your specific worksite layout, structural features and emergency systems. An online tool for evaluation can be found here. For smaller organizations, the plan does not need to be written and may be communicated orally if there are 10 or fewer employees. At a minimum, the plan must include but is not limited to the following elements:
- Means of reporting fires and other emergencies
- Evacuation procedures and emergency escape route assignments
- Procedures for employees who remain to operate critical plant operations before they evacuate
- Accounting for all employees after an emergency evacuation has been completed
- Rescue and medical duties for employees performing them
- Names or job titles of persons who can be contacted
Oregon OSHA offers a free and confidential consultation service that can help you reduce accidents and related costs and help you develop a comprehensive program to manage safety and health. Oregon OSHA consultants will not issue citations or propose penalties for violations of OSHA standards and your business will be protected from an Oregon OSHA inspection for 30 or 60 days.
HERBICIDE DRIFT
Drift is defined as the movement of herbicides away from the site where they were applied. Drift can occur at the time of application if herbicides are applied in unfavorable wind conditions (spray particle drift), during a temperature inversion, or after an application if an herbicide volatilizes from plant or soil surfaces (vapor drift). Grapevines are extremely sensitive to the application of certain herbicides commonly used by farmers and homeowners, especially phenoxy herbicides. Sensitivity to phenoxy herbicides exists throughout the grapevine's growing season (mid-March through October). Grapevines are most vulnerable from the early growing season through the bloom and fruit set period (mid-March through June). Phenoxy herbicides do not require a pesticide license for purchase in Oregon and are readily available from home improvement stores, garden centers, retail nurseries, etc. While spray drift is illegal, communication is key in helping protect vineyards and spreading awareness of the location of planted vines. Sending letters to neighbors about the dangers of herbicide drift and a willingness to work together will help reduce the risk of damage to vineyards.
Consult these resources to learn more about herbicide drift, communication with neighbors and reporting a problem.
To help vineyard managers monitor changes in the vineyard throughout the growing season and identify and report damage in a timely manner, the Washington State Department of Agriculture (WSDA) and Washington State University created a Leaf Index Management Tool. Leaf indexing is important because of the lag time between exposure and visual symptoms. As a best practice Oregon vineyards are encouraged to complete the leaf indexing report form to monitor changes in your vineyard.*
*Note: This form should not be returned to WSDA and is for your own use only.
While results can sometimes be frustrating, timely reporting to ODA is one of our industry’s most valuable tools in highlighting the scope and magnitude of drift incidents. Report via ODA’s website if you encounter problems. The OWA strongly recommends split sampling as a best practice in order to determine the extent of damage and optimize the possibility of pursuing a claim for any damages. Split samples are derived from the division of one sample into two equal and identical portions. One sample is sent to the Oregon Department of Agriculture laboratory for testing and one to a private laboratory at the grower's expense. In testing grape vine tissue for the presence of herbicides, the ODA uses a minimum detection limit based on a generally accepted human health standard, not on the extreme sensitivity of grape tissue. For example, tissue samples from one vineyard were recorded as a “no detect” by the ODA laboratory even though damage was clearly visible. An identical tissue sample — the split sample — showed the presence of phenoxy acid in analysis by a private agricultural products laboratory. Please see our OWA Drift Alert for more information on chain of custody and labs for testing.