Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.36 - Maryland Occupational Safety and Health Standard for Field Sanitation
Section 09.12.36.02 - Definitions
Universal Citation: MD Code Reg 09.12.36.02
Current through Register Vol. 51, No. 19, September 20, 2024
A. The following terms have the meanings indicated.
B. Terms Defined.
(1) "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.
(2)
"Agricultural establishment" means any business operation which uses paid
employees in the production of food, fiber, materials such as seed, seedlings,
and plants, or other agricultural or horticultural commodities.
(3) "Employee" means an employee as defined
in Labor and Employment Article, §5-101(c),
Annotated Code of Maryland, and includes any person engaged in hand-labor
operations in the field.
(4)
Hand-Labor Operations. "Hand-labor operations":
(a) Means agricultural activities or
operations performed by hand or with hand tools, including the:
(i) Harvest of vegetables, nuts, and
fruit,
(ii) Weeding of
crops,
(iii) Planting of seedlings,
and
(iv) Except for the purposes of
Regulation .03C(5)(a), other activities or operations performed in conjunction
with hand-labor in the field;
(b) Does not include:
(i) Activities such as logging operations and
the care or feeding of livestock, or
(ii) Hand-labor operations in permanent
structures including poultry operations, canning facilities, or packing
houses.
(5)
"Handwashing facility" means a facility consisting of a basin, container, or
outlet, and an adequate supply of potable water, soap, and single-use
towels.
(6) "Potable water" means
water that meets the quality standards for drinking purposes prescribed by the
State or local authority having jurisdiction, or the U.S. Environmental
Protection Agency's National Interim Primary Drinking Water Regulations, 40 CFR
Part 141, here incorporated by reference.
(7) Toilet Facility. "Toilet facility":
(a) Means either a fixed, portable, or
transportable facility designed for the purpose of defecation and urination;
and
(b) May include biological or
chemical toilets, combustion toilets, or sanitary privies, when allowed by the
Department of Health and Mental Hygiene.
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