Or. Admin. R. 437-004-1110

Current through Register Vol. 63, No. 6, June 1, 2024

Section 437-004-1110 - Field Sanitation for Hand Labor Work

(1) Scope. This applies to any agricultural establishment where employees do hand-labor operations in the field.

(2) Exceptions. These rules do not apply to:

(a) Logging operations;

(b) The care or feeding of livestock;

(c) Hand-labor operations in permanent structures (e.g., canning facilities or packing houses); or

(d) Machine operators working entirely separate from hand-labor operations.

(3) Definitions.

Agricultural employer - See universal definition in 4/B, OAR 437-004-0100. Agricultural establishment - See universal definition in 4/B, OAR 437-004-0100. Hand labor operation - means agricultural activities or agricultural operations performed by hand or with hand tools, including:

(A) Hand-cultivation, hand-weeding, hand-planting, and hand-harvesting of vegetables, nuts, fruits, seedlings, or other crops (including mushrooms);

(B) Hand packing or sorting, whether done on the ground, on a moving machine, or in a temporary packing shed in the field; and

(C) Except for purposes of OAR 437-004-1110(6), operation of vehicles or machinery, when such activity is in conjunction with other hand-labor operators. Handwashing facility - means a facility providing either a basin, container, or outlet with an adequate supply of potable water, soap, and single-use towels. Potable water - is water meeting the bacteriological and chemical quality requirements in the OAR chapter 333, division 61 Public Water Systems, of the Oregon State Health Division.

NOTE: OAR chapter 333, division 61 defines potable water as "Safe Drinking Water - water which has sufficiently low concentrations of microbiological, inorganic chemical, organic chemical, radiological, or physical substances so that individuals drinking such water at normal levels of consumption, will not be exposed to disease organisms or other substances that may produce harmful physiological effects."

Toilet facility - means a fixed or portable facility designed for adequate collection and containment of the products of both defecation and urination. Toilet facility includes biological, chemical, flush, and combustion toilets and sanitary privies.

(4) General requirements. Agricultural employers must provide and pay for everything required by this section for employees doing hand-labor operations in the field.

(5) Potable drinking water.

(a) Provide potable water that is available immediately to all employees.

(b) The water must be suitably cool and in sufficient amounts, taking into account the air temperature, humidity, and the nature of the work, to meet the needs of all employees.

(c) Dispense water in single-use drinking cups or by angle jet fountains. Do not use common drinking cups or dippers.

(6) Toilet and handwashing facilities.

(a) Provide one toilet facility and one handwashing facility for each 20 employees or fraction thereof.

(b) Toilet facilities must have adequate ventilation, appropriate screens, self-closing doors that close and latch from the inside and ensure privacy.

(c) Maintain privies and portable toilets as follows:

(A) Structures must be free of hazards, in good repair and be stable.

(B) Except for urinals, multiple units must have separate compartments with doors with inside latches to ensure privacy.

(C) Seats must have lids that raise to allow use as urinals, unless there are separate urinals.

(d) Privies and portable toilets built after the effective date of these rules must comply with the rules of the Department of Environmental Quality.

(e) Provide toilet facilities for each sex, where practicable. Distinctly mark them "women" and "men" in English and in the native language of employees expected to work in the fields or with easily understood pictures or symbols.

(f) The employer must ensure that for each toilet facility:

(A) There is enough toilet paper to meet the workers' needs during the shift; and

(B) There are toilet paper holders or dispensers for each seat.

(g) Locate toilet and handwashing facilities adjacent to each other and no more than a 5 minute or a 1/4-mile (1,320 feet) unobstructed walk from each hand laborer's place of work in the field.

(h) Where, due to terrain, it is not feasible to locate facilities as in (g) above, the facilities must be at the point of closest vehicular access.

(7) Maintenance.

(a) Potable drinking water and toilet and handwashing facilities must comply with appropriate public health sanitation practices.

(b) Drinking water containers must be made of materials that maintain water quality. Refill them daily or more often as necessary and keep them covered and clean.

(c) Toilet facilities must work and be clean and safe.

(d) Empty and recharge chemical toilets prior to the start of each season of operation and at least every 6 months thereafter during use or when the tank is three-quarters full, whichever occurs first.

(e) Where crops intended for human consumption are produced, toilets must not contaminate crops.

(f) Refill handwashing facilities with potable water as necessary to ensure an adequate supply and maintain them in a clean and sanitary condition.

(g) Disposal of wastes from facilities, including handwashing water and towels, must not cause unsanitary conditions or contamination of crops.

(8) Field sanitation notice. Employers that grow or harvest food crops for human consumption must post a notice describing the requirements of these rules and advising where workers may file complaints regarding field sanitation matters. It must be in the language of the majority of the workers.

(9) Reasonable use.

(a) The employer must notify each employee of the location of the sanitation facilities and water, and allow each employee reasonable opportunities during the workday to use them. The employer must inform each employee of the importance of good hygiene practices to minimize exposure to the hazards in the field from heat, communicable diseases, retention of urine and agrichemical residues, including, but not limited to the following:

(A) Using the water and facilities provided for drinking, handwashing, and elimination;

(B) Drinking water frequently, especially on hot days;

(C) Urinating as frequently as necessary;

(D) Washing hands both before and after using the toilet; and

(E) Washing hands before eating and smoking.

Or. Admin. R. 437-004-1110

OSHA 4-1998, f. 8-28-98, cert. ef. 10-1-98; OSHA 4-2011, f. & cert. ef. 12-8-11

Stat. Auth.: ORS 654.025(2) & 656.726(4)

Stats. Implemented: ORS 654.001 - 654.295