Section DWD 301.09 - [Effective until 1/1/2025] Field sanitation standardsIn operations where 6 or more migrant workers are engaged in hand labor, the employer shall meet the requirements of subs. (1) to (5) without cost to the worker.
(1) TOILET FACILITIES. Toilet facilities shall be provided in the ratio of one facility per every 20 workers, regardless of gender, located within 1/4 mile of each employee's work place in the field or, if not feasible, at the closest vehicular access. Toilet facilities shall have doors than can be closed and latched from the inside.(2) HANDWASHING FACILITIES. (a) Handwashing facilities shall be provided in the ratio of one facility per every 20 workers, regardless of gender, located within 1/4 mile of each employee's work place in the field, or if not feasible, at the closest vehicular access.(b) The department may authorize the substitution of prepackaged towelettes for handwashing facilities when such a variation is necessary to prevent a practical difficulty or unnecessary hardship and the substitution does not compromise the health and safety of the worker.(c) Written application for a variance under par. (b) shall be filed with the department on a form prescribed by the department. A variance shall not be effective until granted in writing by the department.(3) DRINKING WATER. Potable drinking water to meet worker needs shall be provided at a readily accessible location. The water provided to the workers shall be cool and kept in insulated containers which are clean and sanitary. A supply of water shall be available in sufficient amount to meet worker needs. The water shall be dispensed in single serving drinking cups. The use of common drinking cups or dippers is prohibited.(4) MAINTENANCE. (a) Toilet and handwashing facilities shall be clean and sanitary.(b) Potable water containers shall be covered, cleaned and refilled daily.(c) Disposal of wastes from facilities shall not cause unsanitary conditions.(d) Toilet facilities shall be provided with an adequate supply of toilet paper.(5) REASONABLE USE. Workers shall be allowed reasonable opportunities during the workday to use the facilities.(6) DEFINITIONS. (a) "Hand labor" means that work which is performed manually in the field.(b) "Handwashing facility" means a facility provided with running water for washing hands, arms, face and head, including lavatories, basins and sinks, both for cleanliness and for safety purposes.(c) "Potable water" means all water which may be distributed by any agency or individual, public or private, for human consumption, washing of the person, the preparation of foods or beverages, or for the cleansing of any utensil or article used in the course of preparation or consumption of food or beverages for human beings.(d) "Sanitary condition" means that condition of good order and cleanliness which precludes the probability of disease transmission.(e) "Toilet facility" means a facility provided for the purpose of defecation or urination, or both, including water closets and biological or chemical toilets, and urinals.(f) "Work place" means the area in which work is performed as defined in s. DWD 301.06(5) except canneries and freezing plants, and is not in the proximity of any existing sanitary facilities.(7) VARIANCES. (a) The department may, upon written application by a camp operator and after inspection by a migrant labor inspector, grant a variance to a provision of this section if it determines that an equivalency is established in the petition for variance which meets the intent of the provision involved.(b) An equivalency is established for the purposes of par. (a) when appropriate alternative measures have been taken to protect the health and safety of workers and to assure that the purpose of the provision from which the variance is sought will be observed. (c) A variance issued under this subsection may be either temporary or permanent. In granting a variance, the department may impose specific conditions to promote the protection of the health, safety and welfare of the workers. Violation of any condition under which a petition is granted constitutes a violation of this chapter for which a compliance order may be issued or a variance may be revoked.(d) Any person who wishes to contest a determination on a petition for variance may, within 30 days after the date of the determination, file a request for hearing with the secretary. The request shall contain a statement of the specific reasons for contesting the determination. The secretary may deny the request if he or she determines that it sets forth insufficient reasons for a hearing. If the secretary grants the request, he or she may designate a hearing examiner to conduct the hearing and to issue either a recommended decision to the secretary or a final decision.Wis. Admin. Code Department of Workforce Development DWD 301.09
Cr. Register, October, 1985, No. 358, eff. 1-1-86, emerg. cr. (7), eff. 2-10-86; r. (1) (b), renum. (1) (a) to be (1), cr. (7), Register, June, 1986, No. 366, eff. 7-1-86; renum. from Ind 201.09 and am. (7) (a), Register, February, 1993, No. 446, eff. 3-1-93; correction in (6) made under s. 13.93(2m) (b) 1, Stats., Register, December, 1997, No. 504; CR 07-018: am. (2) (c) Register December 2007 No. 624, eff. 1-1-08.