Oregon Administrative Rules, Division 4, Section 437-004-1120 - Agricultural Labor Housing and Related Facilities | Oregon Administrative Rules

(1) Application.

(a) These rules apply to any place, or area of land, where there are living areas, manufactured or prefabricated homes or dwellings or other housing provided by a farmer, farm labor contractor, agricultural employer or other person in connection with the recruitment of workers on an agricultural establishment.

(b) These rules apply to any type of labor housing and related facilities together with the tract of land, established, or to be established, operated or maintained for housing workers with or without families whether or not rent is paid or collected.

(c) Manufactured dwellings and homes must comply with specifications for construction of sleeping places, unless they comply with ORS 446.155 to 446.185 and OAR 918-500-0020(2) that have the requirements and specifications for sanitation and safety design for manufactured dwellings.

(d) These rules apply to housing given to, rented, leased to or otherwise provided to employees for use while employed and provided or allowed either by the employer, a representative of the employer or a housing operator.

(e) These rules, unless otherwise stated, apply to all occupants of the labor housing and facilities.

(f) These rules apply to all labor housing sites owned, operated, or allowed to operate on property under the jurisdiction of any state or municipal authority.

(g) Violations relating to the occupants' personal housekeeping practices in facilities that are not common use will not result in citations to the employer.

(h) For the purposes of OAR 437-004-1120, labor contractors as defined in ORS 658.405 are employers.

(2) These rules do not apply to:

(a) hotels or motels that provide similar housing commercially to the public on the same terms as they do to workers.

(b) accommodations subject to licensing as manufactured dwelling parks, organizational camps, traveler's accommodations or recreation vehicle parks and open to the general public on the same terms.

(c) manufactured homes or dwellings being moved regularly from place to place because of the work when at parks or camps meant for parking mobile vehicles and open to the general public on the same terms.

(3) Charging occupants for required services. Operators may not charge for services required by this rule (OAR 437-004-1120). This prohibits pay-per-use toilets, pay-per-use bathing facilities or any other method of paying for individual service requirements.

(4) Definitions.

(a) Clean means the absence of soil or dirt or removal of soil or dirt by washing, sweeping, clearing away, or any method appropriate to the material at hand.

(b) Common use facilities are those for use by occupants of more than one housing unit or by occupants of dormitory-style housing.

(c) Common use cooking and eating facility is a shared area for occupants to store, prepare, cook, and eat their own food.

(d) Dining hall is an eating place with food furnished by and prepared under the direction of the operator for consumption, with or without charge, of the occupants.

(e) Facility means a living area, drinking water installation, toilet installation, sewage disposal installation, food handling installation, or other installation required for compliance with the labor housing and related facility rules.

(f) Garbage means food wastes, food packaging materials or any refuse that has been in contact with food stuffs.

(g) Housing site is a place where there are living areas.

(h) Livestock operation is any place, establishment or facility with pens or other enclosures in which livestock is kept for purposes including, but not limited to, feeding, milking, slaughter, watering, weighing, sorting, receiving, and shipping. Livestock operations include, among other things, dairy farms, corrals, slaughterhouses, feedlots, and stockyards. Operations where livestock can roam on a pasture over a distance are outside this definition.

(i) Living area is any room, structure, shelter, tent, manufactured home or dwelling or prefabricated structure, vehicle or other place housing one or more persons.

(j) Manufactured dwelling is a residential trailer, built before January 1, 1962, for movement on the highway, that has sleeping, cooking and plumbing facilities; or, a mobile home, constructed for movement on the highway, that has sleeping, cooking and plumbing facilities, built between January 1, 1962 and June 15, 1976 and meeting the requirements of Oregon mobile home law in effect at the time of construction.

(k) Manufactured home is a structure built for movement on the highway that has sleeping, cooking and plumbing facilities and is used as a residence. Built on or after June 15, 1976 to comply with federal manufactured housing standards and regulations in effect at the time of construction. More information on these definitions is in ORS 446.003(26).

(l) Operator means any person or company that operates labor housing and/or related facilities.

(m) Potable water is water meeting the bacteriological and other requirements of the Public Health Division of the Oregon Department of Human Services.

(n) Prefabricated structure means a building or subassembly which has been in whole or substantial part manufactured or assembled using closed construction at an off-site location to be wholly or partially assembled on-site; but does not include a manufactured home or dwelling. Prefabricated structures are manufactured in accordance with the Oregon state building code and rules adopted by the Building Codes Division of the Oregon Department of Consumer and Business Services in OAR 918-674.

(o) Privy is the same as outhouse or pit toilet but is not the same as portable toilets.

(p) Recyclable material means containers that are returnable for refund of a deposit or materials gathered as part of a recycling program.

(q) Refuse includes waste materials such as paper, metal, discarded items, as well as debris, litter and trash.

(r) Sanitary means free from agents that may be injurious to health.

(s) Sewage means the water-carried human and animal wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments, or other places, together with such ground-water infiltration, surface waters, or industrial wastes as may be present.

(t) Toilet room is a room in or on the premises of any labor housing, with toilet facilities for use by employees and occupants of that housing.

(5) Housing registration requirements.

(a) ORS 658.750 requires the operator of Agricultural Labor Housing and Related Facilities to register such housing with Oregon OSHA as in (b) below, except the following as defined by ORS 658.705:

(A) Housing occupied solely by members of the same family,

(B) Housing occupied by five or fewer unrelated persons, or

(C) Housing on operations that do not produce or harvest farm crops (Oregon OSHA considers "production of crops" to mean production of farm crops for sale").

(b) Each year, before occupancy, the operator or employer must register agricultural labor housing and related facilities with Oregon OSHA as set out below.

(A) The operator must contact Oregon OSHA at least 45 days before the first day of operation or occupancy of the housing and related facilities. Instructions and additional information will come later by mail.

(B) If the housing and related facilities were not registered in the previous year, the operator must call Oregon OSHA to request a consultation visit to the housing. Oregon OSHA will register housing and related facilities not previously registered only after a pre-occupancy consultation that finds the housing or facility to be substantially in compliance with all applicable safety and health rules.

(C) If there were significant changes in the circumstances of the housing or facilities since the last registration, Oregon OSHA may, at its discretion, refer the employer for a consultation prior to re-registering the housing and facilities.

(D) Once registered, the operator must display the registration certificate provided by Oregon OSHA in a place frequented by employees. The operator must also provide and display a translation of the certificate in the language or languages used to communicate with employees.

(c) The Director of the Department of Consumer and Business Services or designee may revoke a labor housing and related facilities registration if Oregon OSHA determines that any of the following apply:

(A) The application had any negligent or willful material misrepresentation, or false statement.

(B) The conditions under which the registration was accepted no longer exist or have changed.

(C) The housing and related facilities are not substantially in compliance with the applicable safety and health rules.

(d) When Oregon OSHA revokes the registration of agricultural labor housing and related facilities, operators or their agents have 30 days to file a written appeal. On receipt of such appeal, the Director of the Department of Consumer and Business Services will hold a contested case hearing on that appeal under ORS 183.413, et seq.

(e) Any group or individual may protest the proposed registration, continued registration or renewal of any labor housing and related facilities registration under the following conditions:

(A) The signed and dated protest must be submitted in writing and received by the Director before issuance of the registration or renewal.

(B) The protest must include the name, address and phone number of the individual or group filing it.

(C) The protest must clearly identify which housing and related facilities is the subject of the protest, including the exact physical location and name of the applicant.

(D) The protest must clearly state the facts and reasons for the protest. Such facts and reasons must be based on factors that are within the scope of ORS 654, 658.705 through 658.850 and any relevant regulations.

(E) When the above provisions are met, such group or individual may participate in the contested case as a party or limited party under OAR 137-003-0005.

(6) Site requirements:

(a) The grounds of labor housing and related facilities must be substantially free from waste water, sewage, garbage, recyclable material, refuse or noxious plants such as poison oak and poison ivy.

(b) During housing occupancy, grass, weeds and brush must be cut back at least 30 feet from buildings.

(c) All housing site land must have adequate drainage. The site must not be subject to flooding when occupied.

(d) Adequately dispose of the waste water and food waste under outside water hydrants.

(e) The operator of labor housing is responsible for the maintenance and operation of the housing and its facilities.

(f) Store all toxic materials such as pesticides, fertilizers, paints and solvents in a safe place.

(g) Do not leave empty pesticide containers such as drums, bags, cans, or bottles in the housing area.

(h) Prevent or control the breeding of mosquitoes, flies, and rodents in the immediate housing area and within 200 feet of any labor housing and related facilities owned or under lawful control or supervision of the operator.

(i) Do not locate labor housing within 500 feet of livestock operations unless the employees in the housing are employed to tend or otherwise work with the animals.

Note: This does not apply to animals owned by the housing occupants.

(j) Provide electricity to all housing units and related facilities. Subdivision 4/S, Electricity applies to ALH.

(k) Extension cords or plug strips must have circuit breaker or fuse protection either as part of the set or part of the building wiring.

(l) Facilities built or remodeled before December 15, 1989, must have a ceiling or wall-type electric light fixture in working order and at least one wall-type electrical outlet in every living area. Facilities built or remodeled after that date must comply with the code in effect at the time of construction or remodeling.

(m) Provide a ceiling or wall-type electric light in toilet rooms, lavatories, shower or bathing rooms, laundry rooms, hallways, stairways, the common eating area or other hazardous dark areas.

(n) Light privies either directly or indirectly from an outside light source.

(o) Provide enough light in corridors and walkways to allow safe travel at night.

(p) Each housing site must have its street numbers displayed to be easily visible to responding emergency vehicles on public highways or roads.

(q) The lowest point of wooden floor structures must be at least 12 inches above ground.

(7) Water supply.

(a) All domestic water furnished at labor housing and related facilities must conform to the standards of the Public Health Division of the Oregon Department of Human Services. The site water system must supply at least 15 psi at the outlet end of all water lines regardless of the number of outlets in use.

(b) Have a bacteriological analysis done on the water before occupancy and as often as needed to assure a potable water supply, except when the water comes from a community water system.

(c) Provide enough potable water in the labor housing area for drinking, hand washing, bathing and domestic use. An ample supply is at least 35 gallons of water per day per occupant.

(d) Arrange, construct and if necessary, periodically disinfect the water storage and distribution facilities to satisfactorily protect the water from contamination. Install all new plumbing in labor housing and related facilities to comply with the Oregon state building code.

(e) When potable water is not available in each dwelling unit, there must be a potable water source within 100 feet of each unit and there must be a working, clean drinking fountain for each 100 occupants or fraction thereof.

(f) Post as, "Unsafe for drinking," non-potable water that is accessible to occupants. The posting must be in the language of the camp occupants or with a universal symbol.

(g) Portable water containers with spigots and tight fitting lids are acceptable for providing and storing drinking water in the housing.

(A) These containers must be made of impervious non-toxic materials that protect the water from contamination.

(B) Wash and sanitize them at least every 7 days.

(h) Do not use containers such as barrels, pails or tanks that require dipping or pouring to get the water.

(i) Do not use cups, dippers or other utensils for common drinking purposes.

(j) Do not allow cross connection between a system furnishing water for drinking purposes and a non-potable supply.

(8) Bathing, hand washing, laundry, and toilet facilities - General.

(a) Provide an adequate supply of hot and cold water under pressure for all common use bathing, hand washing, and laundry facilities at all labor housing and related facilities.

(b) In installations with bathing, laundry facilities, or flush toilets, the floor and walls must be of readily cleanable finish and impervious to moisture.

(c) All common use bathing, hand washing, and laundry facilities must be clean, sanitary and operating properly.

(d) Buildings for common use bathing, hand washing, laundry, and toilet facilities must have heating capable of keeping the facility at 68 degrees or more during use.

(9) Bathing facilities.

(a) Provide drains in all showers to remove waste water. Slope floors so they drain. Do not use slippery materials for flooring.

(b) Provide at least one shower head with hot and cold water under pressure for every 10 occupants or fraction thereof. Unisex shower rooms are acceptable in the same ratios. They must have working locks and provide privacy.

(c) Separate common use bathing facilities used for both sexes in the same building by a solid, non-absorbent wall extending from the floor to the ceiling.

(d) Mark separate sex bathing facilities, if provided, with "women" and "men" in English and in the native language of employees expected to occupy the housing or with easily understood pictures or symbols.

(10) Hand washing facilities.

(a) Provide at least one hand washing sink or basin with hot and cold water under pressure for every 6 occupants or fraction thereof. Each 24 linear inches of "trough" type sink with individual faucets counts as one basin. When each living unit does not have hand washing facilities, locate common use facilities either close to the toilet facilities or close to the sleeping places.

(b) In common use facilities, do not use a single common towel. If you provide paper towels, there must be a container for their disposal.

(11) Laundry facilities.

(a) Provide laundry trays, tubs, or machines with plumbed hot and cold water in the combined ratio of 1 for each 30 occupants or each part of 30.

(b) Provide clothes lines or drying facilities to serve the needs of the occupants.

(c) Laundry rooms must have drains to remove waste water.

(d) Each common use laundry room must have a slop sink.

(12) Toilet facilities.

(a) Locate toilet facilities in labor housing and related facilities within 200 feet from the living area that they serve.

(b) Locate toilets, chemical toilets, or urinals in rooms built for that purpose.

(c) Maintain a usable, unobstructed path or walkway free of weeds, debris, holes or standing water from each living area to the common use toilet facilities.

(d) Provide at least one toilet for every 15 occupants or fraction thereof for each gender in the labor housing. Toilets must assure privacy.

(A) If urinals are in the toilet facility and where three or more toilets are required for men, one urinal substitutes for one toilet (24 inches of trough-type urinal equals one urinal), to a maximum of one-third of the total required toilets.

(B) Existing urinals must be non-absorbent, non-corrosive materials that have a smooth and cleanable finish. Urinals installed after the effective date of this standard must meet Oregon state building code.

(C) If there are no common use toilet facilities, calculate the required ratio without regard to gender.

(e) Clean common use toilet facilities daily or more often when needed to maintain sanitation.

(f) Mark separate sex toilet facilities, when provided, with "women" and "men" in English and in the native language of employees expected to occupy the housing or with easily understood pictures or symbols.

(g) Ventilate all labor housing toilet rooms according to the Oregon state building code.

(h) Separate common use toilet facilities used for both sexes in the same building by a solid, non-absorbent wall extending from the floor to the ceiling.

(i) Install privacy partitions between each individual toilet or toilet seat in multiple toilet facilities. The partitions may be less than the height of the room walls:

(A) The top of the partition must be not less than 6 feet from the floor and the bottom of the partition not more than 1-foot from the floor. The width of the partition must extend at least 1 1/2 feet beyond the front of the toilet seat.

(B) Provide a door or curtain so the toilet compartment is private.

(j) Provide common use toilet facilities with toilet paper and holders or dispensers. Also provide disposal containers with lids.

(k) Do not allow obstruction of the path or access to a toilet room. If access is through another room, that room must not be lockable.

(13) Portable toilets, chemical toilets and privies.

(a) The location and construction of privies must conform to Oregon Department of Environmental Quality standards.

(b) Privies must be at least 100 feet from any living area or any facility where food is prepared or served.

(c) Portable toilets and privies must have adequate lighting.

(d) When in use, service portable and chemical toilets at least weekly or often enough to keep them from becoming a health hazard. Clean portable toilets, chemical toilets and privies at least daily.

(14) Sewage disposal and plumbing.

(a) Connect the sewer lines from the labor housing and related facilities to a community sewer system, a septic tank with subsurface disposal of the effluent, pit type privies or other sanitary means conforming to Department of Environmental Quality standards.

(b) Install all plumbing in labor housing and related facilities to comply with Department of Environmental Quality standards and the Oregon state building code.

(15) Garbage and refuse disposal outside of buildings.

Note: Recyclable material is not garbage or refuse referred to in this section (15).

(a) Keep refuse and garbage containers clean and in good repair.

(b) Provide at least one 30-gallon or larger container per 15 occupants. Containers must be inside the housing site area and accessible to all occupants.

(c) Empty garbage bins and dumpsters at least weekly during use, but always before they become a health hazard or full enough to interfere with full closing of the lid.

(d) Empty common use cans and portable containers into a bin or dumpster, when full or twice weekly whichever is more frequent. Do not allow garbage on the ground.

(e) Keep all refuse and garbage containers covered and the garbage storage area clean to control flies and rodents.

(f) Do not burn any food, garbage or wet refuse.

(g) Dispose of garbage and refuse according to Department of Environmental Quality standards that govern the disposal of garbage, refuse and other solid wastes.

(16) Living areas.

(a) Keep all living areas, safe and in good repair structurally and stable on their foundations. They must provide shelter for the occupants against the elements and protect the occupants from ground and surface water as well as rodents and insects.

(b) The walls and roof must be tight and solid. Floors must be rigid and durable, with a smooth and cleanable finish in good repair.

(c) For living areas without a working permanent heating system or heaters, the ALH operator must supply portable heaters at no cost to the occupant. These heaters must be capable of keeping the temperature in the living area at a minimum of 68 degrees. Heaters must meet these requirements:

(A) Operate by electricity only.

(B) Have working safety devices installed by the manufacturer for the particular type heater.

(C) Be in good working order with no defects or alterations that make them unsafe.

(d) Permanently installed solid fuel or gas fired heaters must meet the following:

(A) Install and vent any stoves or other sources of heat that use combustible fuel to prevent fire hazards and dangerous concentration of gases.

(i) Solid or liquid fuel heaters or stoves installed on or before December 15, 1989, must sit on a concrete slab, insulated metal sheet or other fire resistant material when used in a room with wood or other combustible flooring. Extend it at least 18 inches beyond the perimeter of the base of the stove.

(ii) Solid or liquid fuel heaters or stoves must meet the manufacturer's specifications and the Oregon state building code in effect at the time of installation.

(B) Install fire resistant material on any wall or ceiling within 18 inches of a solid or liquid fuel stove or a stove pipe. Provide a vented metal collar around the stovepipe, or vent passing through a wall, ceiling, floor or roof or combustible material.

(C) Heating systems with automatic controls must cut off the fuel supply on failure or interruption of the flame or ignition, or when they exceed a pre-determined safe temperature or pressure.

(D) All gas appliances and gas piping must comply with the Oregon state building code in effect at time of installation and the manufacturer's instructions.

(E) Do not locate stoves so they block escape from a sleeping place.

(e) Provide screens of at least 16 mesh on the doors and windows of the living area. All screen doors must be tight-fitting, in good repair, and self-closing.

(f) Provide beds, bunks or cots for each occupant and suitable storage facilities, such as wall cabinets or shelves, for each occupant or family unit.

(A) The camp operator must provide a mattress or pad for each bed or bunk.

(B) If you provide foam pads, they must be thicker than 2 inches.

(C) Do not provide uncovered foam pads.

(D) Mattresses or pads must not sit on the floor.

(E) The sleeping surface must be at least 12 inches above the floor.

(g) Mattresses or pads furnished by the camp operator must be clean, in good repair, and free from insects and parasites.

(A) Fumigate mattresses or pads, used uncovered, or treat with an effective insecticide before each season's occupancy. If you provide covers, clean them before each season's occupancy.

(B) Store mattresses or pads in a clean, dry place.

(h) Space the beds, bunks or cots so that there is enough room to allow for rapid and safe exiting during an emergency.

Note: Do not count children 2 years old and younger when calculating square footage requirements in paragraphs (i), (j), (k), and (l).

(i) In living areas built after August 1, 1975, where workers cook, live, and sleep, provide at least 100 square feet per occupant.

(j) In living areas built before August 1, 1975, where workers cook, live and sleep, provide at least 60 square feet per occupant.

(k) Each sleeping room without double bunk beds must have at least 50 square feet of floor space per employee. Where there are double bunk beds, provide 40 square feet per occupant. Do not use triple bunks.

(l) Beginning on January 1, 2018 all agricultural labor housing, where workers cook, live and sleep in the same area, must provide 100 square feet per occupant.

(m) For units built after April 3, 1980 at least one-half the required floor space in each living area must have a minimum ceiling height of 7 feet. Floor space with a ceiling height less than 5 feet does not count toward the minimum required floor space.

(n) Beginning on January 1, 2018 only areas with a 7 foot ceiling height will count toward the required square footage of any living or sleeping area. Housing built or remodeled between January 26, 2009 and January 1, 2018 must have minimum 7 foot high ceilings for the space to count toward any required square footage.

(o) Provide separate private sleeping areas for unrelated persons of each sex and for each family unit.

(p) Provide windows or skylights with a total area equal to at least 10 percent of the required floor area. At least one-half (nominal) the total required window or skylight area must be openable to the outside. Adequate mechanical ventilation may substitute for openable window space. Not more than one-half the required space can be met with skylights. Openable, screened windows in doors count toward this requirement.

(q) Before occupancy clean all living areas and eliminate any rodents, insects, and animal parasites.

(17) Fire protection.

(a) All fires must be in equipment designed for that use. Do not allow open fires within 25 feet of structures.

(b) Each season, at the time of initial occupancy, each living area must have a working approved smoke detector.

Note: The camp operator is not responsible for daily maintenance of the detector or the actions of occupants that defeat its function.

(c) Provide fire extinguishing equipment in a readily accessible place, not more than 50 feet from each housing unit. The equipment must provide protection equal to a 2A:10BC rated extinguisher.

Note: Hoses are acceptable substitutes for extinguishers only if the water supply is constant and reliable. Hoses must be immediately available for firefighting use.

(d) All living areas with more than one room, built before December 15, 1989, with one door, must have, in addition to a door, a window in each sleeping room that can be an exit in case of fire:

(A) This window must have an openable space at least 24 inches by 24 inches, nominal.

(B) The lowest portion of the opening must be less than 48 inches above the floor.

(C) This window must open directly to the outdoors and be readily openable by the occupants from inside without breaking the glass.

(D) Label the escape window as an emergency exit.

(e) Living areas built on or after December 15, 1989, must meet the requirements for emergency exits in applicable rules of the Building Codes Division of the Oregon Department of Consumer and Business Services. Required emergency exit windows in sleeping rooms must have a clear net opening of at least 5.7 square feet, minimum vertical opening of 22 inches and minimum horizontal opening of 20 inches.

Note: Construct and maintain all living areas in labor housing and related facilities to comply with other applicable local and state laws and regulations in effect at the time of construction or remodel.

(f) A second story must have at least two exits when its occupant load is 10 or more. Comply with the Oregon state building code.

(g) Occupants on floors above the second story and in basements must have access to at least two separate exits from the floor or basement as required by the Oregon state building code.

(18) Common use cooking and eating facilities and equipment.

(a) When provided, common use cooking or food preparation facilities or equipment must have the following:

(A) A gas or electric refrigerator, capable of keeping food at or below 41 degrees F.

(B) A minimum equivalent of two cooking burners for every 10 persons or part thereof, or 2 families, whichever requires the most burners. If a gas or electric hotplate or wood stove is within 18 inches of a wall, that wall must be made of or finished with smooth cleanable, nonabsorbent, grease-resistant and fire-resistant material.

Note: Labeled and listed appliances are exempt from the 18-inch requirement when installed according to their listing.

(C) No liquid petroleum gas (LPG like propane) tanks in use inside any occupied building. Outside tanks must connect to appliances with lines approved for that purpose.

(D) Food storage shelves, food preparation areas, food contact surfaces and floors in food preparation and serving areas must be made of or finished with smooth, non-absorbent, cleanable material; and

(E) A table and chairs or equivalent seating and eating arrangements to accommodate the number of occupants living in the sleeping place.

(b) Refrigerators and stoves or hot plates must always be in working condition.

(c) Clean the facilities and equipment before each occupancy.

(d) Common use kitchen and dining areas must be separate from all sleeping quarters. There can be no direct opening between kitchen or dining areas and any living or sleeping area.

(e) If the operator becomes aware of or has reason to suspect that anybody preparing, cooking or serving food has a communicable disease as listed in paragraph (22), the operator must bar them from the cooking facility until the disease is no longer communicable.

(f) Buildings must have heating capable of keeping the facility at 68 degrees or more during use.

(g) Facilities must be in buildings or shelters. Doors, windows and openings, if any, must have screens of 16 mesh or smaller.

(19) Dining halls and equipment.

(a) When provided, dining halls or equipment must have the following:

(A) A gas or electric refrigerator, capable of keeping food at or below 41 degrees F.

(B) A minimum equivalent of two cooking burners for every 10 persons or part thereof, 2 families, whichever requires the most burners. If a gas or electric hotplate or wood stove is within 18 inches of a wall, that wall must be made of or finished with smooth cleanable, nonabsorbent, grease-resistant and fire-resistant material.