N.M. Admin. Code § 11.5.4.7

Current through Register Vol. 35, No. 24, December 23, 2024

Section 11.5.4.7 - DEFINITIONS

A. General: The provisions of 11.5.1.7 NMAC are applicable to this part.

B. Additional definitions: The following definitions, in addition to those contained in 11.5.1.7 NMAC and the state act, are applicable to this part.

(1) "Agricultural employer" means any person who owns or operates an agricultural establishment or on whose premises or in whose interest an agricultural establishment is operated and any person who is responsible for the management and condition of an agricultural establishment or who acts directly or indirectly in the interest of an employer in relation to any employee.

(2) "Agricultural establishment" means a business operation that uses paid employees in the production of food, fiber, or other materials such as seed, seedlings, plants, or parts of plants.

(3) "Hand-labor operations" means agricultural activities or operations performed by hand or with hand tools, including but not limited to the hand harvest of vegetables, nuts, and fruit, hand weeding of crops and hand planting of seedlings, but not including such activities as logging operations, the care or feeding of livestock, or hand-labor operations in permanent structures such as canning facilities or packing houses.

(4) "Handwashing facility" means a facility providing a basin, container, or outlet with an adequate supply of potable water, soap and single-use towels.

(5) "Potable water" means:

(a) water that meets the standards for drinking purposes by the state or local authority having jurisdiction; or

(b) water that meets the quality standards prescribed by the United States environmental protection agency's National Interim Primary Drinking Water Regulations, published in 40 CFR Part 141.

(6) "Toilet facility" means a fixed or portable facility designed for defecation and urination, including a biological or chemical toilet, which is supplied with toilet paper adequate to employee needs.

N.M. Admin. Code § 11.5.4.7

7/23/86, 5/1/95; 11.5.4.7 NMAC - Rn & A, 11 NMAC 5.4.8, 10/30/08