A.
APPLICABILITY
The requirements of this section apply, in accordance with
II., to agricultural employers whose employees are engaged in handlabor
operations in the field, except to the extent that they are modified by
Specific Requirements of this rule.
B.
PROVISION OF FACILITIES
Agricultural employers shall provide the following for
employees engaged in handlabor operations in the field:
1.
Potable drinking water
a. Potable water shall be provided and shall
be placed in locations reasonably accessible to all employees.
b. The water shall be suitably cool,
uncontaminated and in sufficient amounts, taking into account the air
temperature, humidity and the nature of the work performed, to meet all
employees' needs during the entire work period.
c. The water shall be dispensed by sanitary
fountain or by sanitary single use, disposable cups supplied in quantity to
meet all employees' needs. Where cups are provided, a receptacle for their
disposal shall be provided in close proximity to the water dispenser.
d. The use of common drinking cups or dippers
is prohibited.
2.
Toilet and handwashing facilities
a. Toilet facilities and handwashing
facilities shall be provided in numbers sufficient to meet all employees' needs
for protection of health, including privacy and reasonable
convenience.
b. Toilet facilities
shall have doors that can be closed and latched from the inside and shall be
constructed to insure privacy.
c.
Toilet and handwashing facilities shall be reasonably accessible to all
employees and each toilet facility shall have a handwashing facility in close
proximity. "Reasonably accessible toilet and handwashing facilities includes
facilities to which the agricultural employer provides transportation which is
reasonably accessible and sufficiently frequent to meet all employees' needs
for protection of health, including privacy and reasonable convenience. The
employer shall inform employees as to locations of facilities and changes
thereof, and as to availability and location of transportation to
facilities.
d. Adequate receptacles
for waste towels and similar wastes shall be located in close proximity to
toilet and handwashing facilities.
C.
MAINTENANCE
Potable drinking water containers and toilet and handwashing
facilities shall be maintained in accordance with appropriate public health
sanitation practices, including without limitation the following:
1. Toilet facilities shall be operational and
maintained in clean and sanitary condition, including control of
odors:
2. Handwashing facilities
shall be maintained in clean and sanitary condition; and
3. Disposal of wastes shall not cause
unsanitary conditions and shall comply with applicable requirements of the
Department of Human Services and the Department of Environmental
Protection.
D.
REASONABLE USE
1. Employees shall
be allowed reasonable opportunities during the workday to use the
facilities.
2. No agricultural
employer may require any employee to pay a fee or charge of any kind for
drinking water or for the use of or transportation to and from toilet or
handwashing facilities, nor may any deduction from an employee's pay or hours
be made as a consequence of the provision or use of water or facilities in
accordance with this rule.