New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter I - Industrial Board Of Appeals
Subchapter A - The Industrial Code
Part 23 - Protection In Construction, Demolition And Excavation Operations
Subpart 23-1 - General Provisions
Section 23-1.9 - Drinking water and sanitation

Universal Citation: 12 NY Comp Codes Rules and Regs § 23-1.9

Current through Register Vol. 47, No. 12, March 26, 2025

(a) Drinking water. There shall be provided in readily accessible locations on every construction, demolition or excavation job site a supply of clean, pure and cool drinking water. Such drinking water shall be running water or furnished in clean, covered receptacles. The use of common drinking cups or dippers is prohibited.

(b) Change houses. Where more than three employees change their clothes on the job site, properly ventilated and illuminated change houses or other equivalent sheltered structures shall be provided. Such change houses or other equivalent structures shall be of sufficient size to accommodate all the persons desiring to use such facilities. During cold weather such change houses or other equivalent structures shall be heated to a temperature of at least 60 degrees Fahrenheit during any period of use.

(c) Toilet facilities.

(1) Toilet facilities shall be provided or made available in a sufficient number to accommodate all employees on the basis of at least one unit for every 30 persons or fraction thereof. Wherever water and sewer connections are available the toilet facilities shall consist of water closets. Where such water and sewer connections are not available, approved chemical or electrical toilets or acceptable privies shall be provided. All toilet facilities shall be maintained in a sanitary condition.

(2) Where any female is employed on a construction, demolition or excavation job site, separate, clearly marked toilet facilities shall be provided and maintained in a sanitary condition.

(3) Accessibility of toilet facilities. Toilet facilities shall be readily available to all employees. In the construction of buildings or other structures such facilities shall be located no more than four stories or 60 feet above or below, nor more than 500 feet travel on the same level, from the work location of any person. In no case shall toilet facilities be located more than 1,000 feet from any work location except in the cases of highway construction and maintenance or the installation and repair of utility facilities in remote locations where transportation to sanitary facilities shall be provided by the employers. Such toilet facilities shall be in compliance with paragraphs (1) and (2) of this subdivision.

(d) Washing facilities. Washing facilities, including warm water, soap and individual towels which may be of the paper type, shall be provided for all employees who are required to use or handle corrosive substances, chemicals or any other harmful substances on the basis of at least one wash basin with warm running water for every 10 such employees. Where running water is not available at least five gallons of fresh, warm water and a wash basin shall be supplied for every four such employees.

(e) Sheltered facilities. All toilet and washing facilities on construction, demolition and excavation job sites shall be sheltered and so enclosed as to provide privacy for the users and protection from insects, vermin and the elements. Such facilities shall be protected from any hazard from machinery, equipment and falling objects and materials.

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