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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.
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.
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. Where there are less than
five employees, separate toilet rooms for each sex are not required provided
toilet rooms can be locked from the inside and contain at least one water closet.
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: 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.
Authority cited: Sections 142.3 and 6712, Labor Code. Reference: Sections 142.3, 2441 and 6712, Labor Code.
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).
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