Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Scope: This section shall apply to all
agricultural employers.
(b)
Definitions.
"Agricultural employer" means any person, corporation,
association, or other legal entity that:
A. Owns or operates an agricultural
establishment;
B. Contracts with
the owner or operator of an agricultural establishment in advance of production
for the purchase of a crop and exercises substantial control over production;
or
C. Recruits and supervises
employees or is responsible for the management and condition of an agricultural
establishment.
"Agricultural establishment" is a business operation
that uses paid employees in agricultural operations.
"Agricultural operation" means any operation necessary
to farming pursuant to Section
3437.
"Hand-labor operations" means agricultural activities
or agricultural operations performed by hand or with hand tools in the
production of food, fiber, or other materials such as seed, seedlings, plants,
or parts of plants. "Hand-labor operations" also include other activities or
operations performed in conjunction with hand-labor in the field. Some examples
of "hand-labor operations" are the hand-manipulation of irrigation pipes and
other irrigation equipment by irrigators; the hand-cultivation, hand-weeding,
hand-planting and hand-harvesting of vegetables, nuts, fruits, seedlings or
other crops, including mushrooms; and the hand packing of produce into
containers, whether done on the ground, on a moving machine or in a temporary
packing shed located in the field. "Hand-labor" does not include such
activities as logging operations, the care or feeding of livestock, or
hand-labor operations in permanent structures (e.g., canning facilities or
packing houses).
"Handwashing facility" means a facility providing
either a basin, container, or outlet with an adequate supply of potable water,
soap or other suitable cleansing agent and single-use towels.
"Potable water" means water that meets the primary
standards for drinking purposes found in Title 22, California Code of
Regulations, Division 4, Chapter 15.
"Single-user toilet facility" means a toilet facility
with a locking mechanism, controlled by the user, with one toilet, or one
toilet and one urinal.
"Toilet facility" means a fixed or portable facility
designed for the purpose of adequate collection and containment of the products
of both defecation and urination which is supplied with toilet paper adequate
to employee needs. Toilet facility includes biological, chemical, flush and
combustion toilets and sanitary privies, in portable or mixed
form.
(c)
Requirements.
Agricultural operations not involving hand-labor
operations shall meet the requirements of Sections 3360-3368.
All other agricultural operations shall meet the
following requirements:
(1) Potable
drinking water.
(A) Potable water shall be
provided during working hours and placed in locations readily accessible to all
employees. Access to such drinking water shall be permitted at all
times.
(B) The water shall be fresh
and pure, suitably cool, and in sufficient amounts, taking into account the air
temperature, humidity, and the nature of the work performed, to meet the needs
of all employees.
(C) The water
shall be dispensed in single-use drinking cups or by fountains. The use of
common drinking cups or dippers is prohibited.
NOTE: For the purposes of this section, the term
"common use," when applied to a drinking receptacle, is defined as its use for
drinking purposes by, or for, more than one person without its being thoroughly
cleansed and sterilized between consecutive uses thereof by methods prescribed
by or acceptable to the State Department for Health Services.
(D) Drinking water containers shall be
constructed of materials that maintain water quality, and shall be provided
with a faucet, fountain, or other suitable device for drawing the
water.
(2) Toilet and
handwashing facilities.
(A) Separate toilet
facilities for each sex shall be provided for each twenty (20) employees or
fraction thereof. One handwashing facility shall be provided for each twenty
(20) employees or fraction thereof. Urinals may be installed instead of water
closets in toilet rooms to be used only by men provided that the number of
water closets shall not be less than two-thirds the minimum number of toilet
facilities.
EXCEPTION:
(1)
Where there are less than five (5) employees, one (1) single-user toilet
facility designated for all-gender use is sufficient.
(2) Each single-user toilet facility
designated for all-gender use counts as one of the required separate toilet
facilities if all of the following conditions are met:
1) the total number of toilet facilities
provided is in accordance with subsection (c)(2)(A);
2) all single-user toilet facilities are
designated for all-gender use, and;
3) all multi-user separate toilet facilities
are provided in equal number to each sex.
(3) An employer may provide transportation to
toilet and handwashing facilities, as an alternative means of compliance if:
1) employees perform field work for a period
of less than two (2) hours (including transportation time to and from the
field);
2) fewer than five (5)
employees in any agricultural establishment are engaged in hand-labor
operations on any given day, or;
3)
employees are not engaged in hand-labor
operations.
(B)
Toilet and hand-washing facilities shall at all times meet the following
standards:
1. Toilet facilities shall be
appropriately screened to keep flies and other vermin away from the
excreta.
2. Units housing toilet
and handwashing facilities shall be ventilated and provided with self-closing
doors, lockable from the inside, and shall be otherwise constructed to ensure
privacy.
3. Toilet facilities shall
provide a minimum area of eight (8) square feet, with a minimum width of two
and one-half (2 1/2) feet for each toilet seat. A minimum area of ten (10)
square feet, with a minimum width of two and one-half (2 1/2) feet, shall
be required when a urinal is included. Sufficient additional space shall be
included if handwashing facilities are within the facility.
4. The wastewater tank on chemical toilets
shall be constructed of durable, easily cleanable material and have a minimum
tank capacity of forty (40) gallons. Construction shall be such as to prevent
splashing on the occupant, field, or road.
5. The handwashing water tank shall provide a
minimum capacity of fifteen (15) gallons.
6. Units housing toilet and handwashing
facilities shall be rigidly constructed and their inside surfaces shall be of
nonabsorbent material, smooth, readily cleanable, and finished in a light
color.
7. Water flush toilets and
handwashing facilities shall conform to Title 24, California Code of
Regulations, Part 5, California Plumbing Code.
(C) Toilet and handwashing facilities shall
be accessibly located and in close proximity to each other.
(D) The facilities shall be located within a
one-quarter ( 1/4) mile walk or within five (5) minutes, whichever is
shorter.
(E) Where due to terrain
it is not feasible to locate facilities as required above, the facilities shall
be located at the point closest to vehicular access.
(3) Maintenance standards: Potable drinking
water facilities, toilet facilities, and handwashing facilities, which are
under the control of the employer, shall be serviced and maintained by the
employer at all times in accordance with appropriate public health sanitation
practices, including the following:
(A)
Drinking water containers shall be regularly cleaned, shall be refilled daily
or more often as necessary, and shall be kept covered and protected to prevent
persons from dipping the water by hand or otherwise contaminating it.
(B) Toilet facilities shall be, at all times,
operational, maintained in a clean and sanitary condition, and kept in good
repair. Written records of service and maintenance shall be maintained and
retained for two years.
(C) Toilet
paper shall be provided in a suitable holder in each toilet unit.
(D) Effective odor control and
solid-liquefying chemicals shall at all times be used in chemical toilet waste
holding tanks.
(E) Contents of
chemical tanks shall be disposed of by draining or pumping into a sanitary
sewer, an approved septic tank of sufficient capacity to handle the wastes, a
suitably sized and constructed holding tank approved by the local health
department, or by any other method approved by the local health
department.
(F) Privies shall be
moved to a new site or taken out of service when the pit is filled to within
two (2) feet of the adjacent ground surface. The pit contents shall be covered
with at least two (2) feet of well-compacted dirt when the privy is
moved.
(G) Handwashing facilities
shall at all times meet the following standards:
1. Pure, wholesome, and potable water shall
be available for handwashing.
2.
Handwashing facilities shall be refilled with potable water as necessary to
ensure an adequate supply.
3. Soap
or other suitable cleansing agent and single-use towels shall be
provided.
4. Signs shall be posted,
indicating that the water is only for handwashing purposes.
5. Handwashing facilities shall be provided
at the toilet unit or in the immediate vicinity.
6. Handwashing facilities shall be maintained
in a clean and sanitary condition.
(H) The disposal of wastes from toilet or
handwashing facilities shall not cause unsanitary conditions, nuisance, or
contamination.
(4)
Reasonable use: The employer shall notify each employee of the location of the
sanitation facilities and potable water and shall allow each employee
reasonable opportunities during the workday to use these facilities. The
employer shall ensure that employees use the sanitation facilities provided and
shall inform each employee of the importance of each of the following good
hygiene practices to minimize exposure to the hazards in the field of heat,
communicable diseases, retention of urine, and agrichemical residues:
(A) Use the water and facilities provided for
drinking, handwashing, and elimination;
(B) Drink water frequently, especially on hot
days;
(C) Urinate as frequently as
necessary;
(D) Wash hands both
before and after using the toilet; and
(E) Wash hands before eating and
smoking.
(d)
Required Reports: Employers cited under this section shall provide to the
Division annually for a period of five (5) years following the final order of a
citation a written statement under penalty of perjury giving the following
information: the estimated peak number of employees; the toilets, washing, and
drinking water facilities to be provided by the employer; and any rental and
maintenance agreements related to the requirements of this
subsection.
1. New
section filed 12-23-91; operative 1-22-92 (Register 92, No. 12).
2.
Change without regulatory effect amending subsection (b) "Potable water" filed
10-1-2002 pursuant to section
100, title 1, California Code of
Regulations (Register 2002, No. 40).
3. Amendment of subsection (b)
adding new definition of "Single-user toilet facility," amendment of subsection
(c)(2)(A) and repealer and new EXCEPTIONS to subsection (c)(2)(A) filed
3-3-2020; operative 7-1-2020 (Register 2020, No.
10).
Note: Authority cited: Sections
142.3 and
6712, Labor
Code. Reference: Sections
142.3,
2441 and
6712, Labor
Code.
