CASE INVESTIGATION REPORT Case Number: CSH-0004-17 Investigator: Carl Henrickson I. INTRODUCTION/LOCATION The Washington State Department of Agriculture (WSDA) was contacted on 4/14/2017 at 1:24 PM by McDougall & Sons, Inc. regarding the alleged exposure of a McDougall & Sons' QCY Orchard employee to pesticide spray mist from a neighboring orchard. An investigation was initiated on 4/14/2017 by Carl Henrickson. The original call was taken by WSDA Compliance Staff, Olympia, Washington. The location of the incident was McDougall & Sons' QCY Orchard, 12424 Road J N.W., Quincy, Washington, 98848. II. PARTIES INVOLVED Complainant Complainant Name: McDougall & Sons, Inc. Contact Name: Sergio Bernal Alleged Infractor Referring Party Name: CPC International Apple Company Contact Name: Cesar Cuevas Damaged/Aggrieved Party Referring Party Name: Victor Valenzuela Contact Name: McDougall & Sons, Inc. III. EVIDENCE OBTAINED Investigator Observations Brent Milne, Assistant Manager of Company Orchards, McDougall & Sons, Inc., Wenatchee, Washington, contacted Olympia Compliance staff at 1:24 PM on April 14, 2017 with a concern involving a possible human exposure incident. Catherine Bowman, Pesticide Compliance Administration, relayed concern to David Bryson, WSDA-Wenatchee Pesticide Compliance, by way of e-mail at 8:33 AM Monday, April 17, 2017. David promptly called Brent to request that he contact Scott Nielsen, WSDA-Spokane Pesticide Compliance. Brent then called Scott at 9:30 AM to provide details of the incident. Scott assigned the investigation to me, Carl Henrickson, at approximately 11:00 AM, Monday, April 17, 2017. According to Brent Milne, the alleged incident occurred between 11:00 AM and 11:30 AM on Friday, April 14, 2017, at McDougall & Sons QCY Orchard. Just prior to the incident, several McDougall employees were working in the QCY Orchard. When it was observed that a neighboring orchard to the south, Jack Rabbit Orchard #1, 10215 Martin Road N.W., Quincy, Washington, was making a spray application, Sergio Bernal, on-site manager of the QCY Orchard, began moving employees out of the orchard block. One McDougall employee, Victor Valenzuela, was hit by spray mist from the Jack Rabbit Orchard application and was taken to temporary worker housing to clean up. As part of clean up, Victor removed his contaminated clothing. Sergio saved the clothing in a plastic bag, at the advice of Brent Milne. Ultimately, Victor was taken to Quincy Valley Medical Center, Quincy, Washington, with a low-grade headache. Pesticide Safety Data Sheets (SDS), provided by Jack Rabbit Orchard personnel, were delivered to the treating physician. Jaime Ramon, WSDA Technical Services & Education-Yakima, and I, Carl Henrickson, Pesticide Compliance-Moses Lake, traveled to McDougall & Sons QCY Orchard the afternoon of Monday, April 17, 2017 to begin the investigation. Sergio Bernal met us at the QCY Orchard at approximately 1:00 PM. Jaime and I were also briefly introduced to certain other McDougall & Sons personnel at QCY Orchard: “Brent” (Safety Manager), and Bob Murphy (Area Manager). Sergio Bernal gave us his version of the events of Friday morning, April 14, 2017, which, except for incident timing (Sergio put the incident at “9:30 AM to 10:00 AM”), agreed with Brent Milne’s account. Additionally, Sergio provided the following details: Wind speed was “greater than 10 miles per hour.” Immediately following the incident, Sergio moved his workers to a different orchard block. Jack Rabbit Orchard personnel continued spraying, shutting down some 20 minutes after the incident. Bob Murphy, area manager for McDougall & Sons, contacted Jack Rabbit Orchard management personnel soon after the incident to request pesticide identity. A short time later, Cesar Cuevas, Jack Rabbit Orchard’s on-site manager, provided Sergio with product labels and Safety Data Sheets (SDS) for Vulcan® and Omni Supreme Spray®, the spray constituents in question. Sergio was able to deliver these documents to medical staff soon after Victor’s arrival at the Quincy Valley Medical Center. Shortly thereafter, Sergio introduced us to the Complainant, Victor Valenzuela. Jaime Ramon interviewed Victor in Spanish in connection with his possible exposure to pesticide drift at McDougall & Sons QCY Orchard. As Jaime later explained to me, the timetable of events occurring the morning of April 14, 2017, according to Victor, was as follows: As directed by his supervisor, “José,” Victor began his retreat from the orchard at approximately 10:00 AM. Before Victor could fully exit the orchard, spray mist descended on him. “Marco,” one of Victor’s coworkers, witnessed the incident. Within 20 minutes, Victor began to experience a headache and blurred vision. Victor reported the incident to José at about 10:20 AM, and was transported to Quincy Valley Medical Center at approximately 10:40 AM. In concluding the interview, Jaime asked Victor how he was feeling. Victor indicated he felt fine. Following the interview, Sergio gave me a large plastic sack containing the clothes Victor was wearing at the time of the alleged drift exposure. (I later questioned Sergio concerning the whereabouts of the clothing over the weekend. Sergio explained that he stored the bagged clothing in a QCY Orchard lean-to, and as instructed, he made certain the bag was kept separate from possible contaminants, such as pesticides, and was protected from direct sunlight.) I secured the sample according to procedure, and later that same afternoon, placed the sample in a dedicated freezer at the WSDA-Moses Lake office. Two days later, on April 19, 2017, I asked Jaime Ramon to contact Victor Valenzuela with one very specific purpose: ascertain the condition of Victor’s clothing at the time of the alleged exposure. Jamie interviewed Victor by way of telephone on April 20, 2017 to determine whether or not the clothing, now in possession of WSDA-Moses Lake, received any pesticide exposure in the interval between laundering and the April 14, 2017 QCY Orchard drift incident. Later that same day, Jaime shared with me the details of his telephone with Victor: April 14, 2017 was the third consecutive day Victor had worn the clothes in question after they were last laundered. In other words, Victor wore the same clothing Wednesday, April 12, Thursday, April 13 and Friday, April 14. When Jaime questioned Victor about his activities during those three days, Victor stated that his activities were limited to McDougall & Sons QCY Orchard, exclusively. Significantly, according to application records submitted by McDougall & Sons, Inc., regarding the year 2017, no pesticide applications had been performed at the QCY Orchard as of April 14, 2017. Next, I proceeded to obtain pesticide residue samples from the McDougall & Sons QCY Orchard. McDougall personnel had marked the incident site, which was located between Row 24 and Row 25, as reckoned from Road J N.W., about 60 feet from the south end of said rows. I obtained four samples from the orchard—two soil samples (one from the incident site, and one from the south end of rows), and, two swab samples (one from the incident site, and one from the south end of rows). QCY Orchard was comprised of young apple trees between the “half-inch green” and “tight cluster” stages of growth, therefore swab samples were the most appropriate sampling method. Swab samples were obtained by swabbing tree trunks and branches with isopropyl alcohol prep pads. I then contacted Cesar Cuevas to request an interview, and to obtain permission to collect pesticide residue samples in Jack Rabbit Orchard #1. Cesar informed me that his operator began spraying Blocks D and E of Jack Rabbit Orchard #1 on Thursday, April 13, 2017. Unable to complete the application on April 13, the operator resumed the application in Block D the following morning, Friday, April 14, 2017. According to Cesar, weather conditions were favorable for pesticide application. Wind was from the southwest at 4 to 6 miles per hour. The spray mixture consisted of Vulcan®, Omni Supreme Spray®, and Brandt® Organics 10% Zinc. The Vulcan® label permits application in wind speeds of “2 to 10 miles per hour.” Cesar named the Certified Applicator as Angel Avila (License Number 79979), and the Handler (operator) as Cesario Diaz (Handler Number 40861). Cesar seemed genuinely concerned by the incident, and commented that it was the first such occurrence in many years. Following the interview I proceeded to collect two pesticide residue samples from the north end of Row 21, in Block D of Jack Rabbit Orchard #1: one soil sample and one swab sample. One final note: Since the complaint involved possible human exposure, I decided to request a written statement from the Complainant, Victor Valenzuela. As a means to contact Victor, I called Sergio Bernal on May 9, 2017. Sergio informed me that Victor was no longer on his crew, and that in order to speak with Victor it would be necessary to “contact Human Resources.” Sergio then provided me with a phone number for Anna Chavez of McDougall and Sons’ Human Resources Department. Anna suggested that the transcript, or portions thereof, from McDougall & Sons’ internal interview with Victor might suffice for a written statement. I agreed with Anna; however, a copy of the transcript was never forthcoming. Ultimately, I spoke with McDougall & Sons management personnel three times over the course of seven weeks in an attempt to obtain a written statement from Victor Valenzuela, and have yet to receive the document. Below is an aerial photograph showing the two orchards and the relative distances involved. The distance from the north end of Jack Rabbit Orchard #1 to Victor Valenzuela’s location within the QCY Orchard at the time of incident is approximately 230 feet. The two orchards are separated by some 150 feet; an irrigation canal, an operation and maintenance road, and a paved county cape. road (Martin Road N.W.) form the intervening landscape. N ~ 230 feet ~ 150 feet Samples Date Collected 4/17/2017 Sample # CSH000417-001 Description Clothing: Victor Valenzuela Location Clothing worn by Complainant at geographic location of alleged pesticide Results Reported Result Chlorpyrifos Q Oil 0.49 Test Units ug % 4/17/2017 4/17/2017 4/17/2017 CSH000417-002 Soil, 0" to 1" depth. CSH000417-003 Soil, 0" to 1" depth. CSH000417-004 Swabs from tree trunks. exposure: area between Row #24 and Row #25, relative to east border of McDougall & Sons' QCY Orchard, approximately 60 feet from south end of rows. Lat: 0 Long: 0 (View On Map) Area between Row #24 and Row #25, as reckoned from east border of McDougall & Sons' QCY Orchard, approximately 60 feet north of south end of rows. Lat: 0 Long: 0 (View On Map) Area between Row #24 and Row #25, as reckoned from east border of McDougall & Sons' QCY Orchard, at south end of rows. Lat: 0 Long: 0 (View On Map) Row #24 and Row #25, relative to east border of McDougall & Sons' QCY Orchard, approximately 60 feet north of Reported Result Oil 0.01 Chlorpyrifos 0.027 Test Reported Result Oil 0 Chlorpyrifos 0.030 Test Reported Result Chlorpyrifos 2.7 Test Units % ppm Units % ppm Units ug south end of rows. Lat: 0 Long: 0 (View On Map) 4/17/2017 CSHSwabs from Row #24 and Reported Test Units 0004tree trunks. Row #25, as Result 17-005 reckoned from Chlorpyrifos 3.0 ug east border of McDougall & Sons' QCY Orchard, at south end of rows. Lat: 0 Long: 0 (View On Map) 4/17/2017 CSHSoil, 0" to 1" Soil beneath first Reported Test Units 0004depth. three trees of Result 17-006 Row 21, north Oil 0.02 % end of Block D, Chlorpyrifos 1.2 ppm Jack Rabbit Orchard #1. Lat: 0 Long: 0 (View On Map) 4/17/2017 CSHSwabs from First three trees Reported Test Units 0004tree trunks of Row 21, north Result 17-007 and end of Block D, Chlorpyrifos 213 ug branches. Jack Rabbit Orchard #1. Lat: 0 Long: 0 (View On Map) Key to Units of Measure: ND = None Detected; MDL = Minimum Detection Limit;ppm = Parts Per Million; ug = micrograms; ug/ml = micrograms per milliliter; ppb = Parts Per Billion; Q = Below Quantitation Limit;M = Parts Per Million; LOQ = Limit of Quantitation; B = Parts Per Billion Records (application / distribution) 1. A first written request for a single record of pesticide application records was delivered to McDougall & Sons, Inc. on 04/20/2017 requesting that the records be submitted forthwith or by 05/01/2017. Records were received on 04/22/2017. Records were received as requested, but were not on a WSDA adopted or approved form, but acceptable for the request. Records that were submitted were complete and contained all required elements. 1. A first written request for a single record of pesticide application records was delivered to CPC International Apple Company on 04/17/2017 requesting that the records be submitted forthwith or by 04/26/2017. Records were received on 04/25/2017. Records were received on a WSDA adopted form. --The following information was omitted or in error: Address of person for whom the pesticide was applied omitted. Treatment site indicated on map incorrect. Licensed applicator's address omitted; surname of individual making the application omitted. License Review Name License# or Unlicensed PA-79979 Angel Avila Name Brent C Milne License# or Unlicensed CC-10222 Name Cesar Cuevas Name License# or Unlicensed PA-77392 License Start 4/14/2010 Agricultural Insect and Disease (3/1/1994) License Type Private Applicator License Categories License Type License Type Private Applicator License Type Private Applicator License Expiration 12/31/2017 License Start 3/1/1994 License Start 4/15/2004 License Categories Statewide (1/1/1900) Commercial Pest Control Consultant License# or Unlicensed PA-81521 Nicholas Robert Wyles License Categories License Categories Commercial Pest Control Consultant License# or Unlicensed CC-11868 Kenton Charles Carson Sergio U Bernal License Type License# or Unlicensed 68131 Name Name License Type Private Applicator License Categories License Expiration 12/31/2017 License Start 1/1/1998 License Start 3/8/2011 License Categories Soil Fumigation (9/15/2009) License Expiration 12/31/2017 License Expiration 12/31/2017 License Expiration 12/31/2017 License Start 2/10/2016 License Expiration 12/31/2017 Label Review Product Name Omni Supreme Spray Product Name Vulcan EPA # or WA State # 5905-368 EPA # or WA State # 66222-233 Ingredients Reg? Petroleum oil (98%); Ingredients Chlorpyrifos RUP HG Only Gen. Use Y HG Only Gen. Use Y Reg? Y RUP Federal (39.5%); The SPRAY DRIFT MANAGEMENT section of Vulcan® insecticide label contains the following statements: ⋅ Avoiding spray drift at the application site is the responsibility of the applicator and the grower. The interaction of many equipment- and weather-related factors determine the potential for spray drift. The applicator and the grower are responsible for considering all these factors when making decisions regarding spraying. ⋅ Wind speed must be measured adjacent to the application site on the upwind side, immediately prior to application. ⋅ For airblast applications, turn off outward pointing nozzles at row ends and when spraying the outer two rows. To minimize spray loss over the top in orchard applications, spray must be directed into the canopy. ⋅ Local terrain can influence wind patterns. Every applicator should be familiar with local wind patterns and how they affect spray drift. Maps There are 3 map(s). Photos There are 10 photo(s). A photo log with description of photos is included in the case file. Summary Summary WSDA Pesticide Compliance received a complaint April 14, 2017 involving possible human pesticide exposure. An orchard worker in McDougall & Sons QCY Orchard, located near Quincy, Washington, experienced dizziness and a headache following an alleged incident of spray drift. According to McDougall & Son management personnel, the drift originated in Jack Rabbit Orchard #1, located immediately south of the QCY Orchard. ⋅ Pesticide application records obtained from CPC International Apple Company document an application of Vulcan® insecticide (chlorpyrifos) and Omni Supreme Spray® (mineral oil) to Blocks D and E of Jack Rabbit Orchard #1 between the hours of 10:00 AM and 5:00 PM, April 14, 2017. ⋅ McDougall & Sons personnel were at work in the QCY Orchard on the morning of April 14, 2017. Immediately upon observing spray drift from Jack Rabbit Orchard #1, the onsite orchard manager for McDougall & Sons QCY Orchard, Sergio Bernal, directed all QCY workers to leave the orchard. One worker, Victor Valenzuela, felt pesticide mist descend on him as he exited the QCY Orchard. A short time later Victor experienced dizziness and a headache, and was taken to Quincy Valley Medical Center for evaluation. ⋅ A west wind predominated until 10:45 AM, according to local weather data, at which time it began to blow from the southwest. Since the exact time of the human exposure incident is unknown, weather data does not preclude the northerly movement of pesticide mist from the Jack Rabbit Orchard. ⋅ The DIRECTIONS FOR USE sections of both Vulcan® insecticide and Omni Supreme Spray product labels contain the following statement: Do not apply this product in a way that will contact workers or other persons, either directly or through drift. ⋅ According to records submitted by McDougall & Sons, Inc., as of the date of the alleged pesticide drift incident, no pesticide applications had been performed at McDougall & Sons QCY Orchard in the year 2017. ⋅ Laboratory analysis revealed the presence of chlorpyrifos and mineral oil on Victor Valenzuela’s clothing. Additionally, beginning at the QCY incident site and proceeding southward to the north edge of Jack Rabbit Orchard #1, chlorpyrifos concentrations followed a pattern of steady increase, according to residue samples.