Cal. Code Regs. tit. 8, § 3457
(b) Definitions.
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.
“Single-user toilet facility” means a toilet facility with a locking mechanism, controlled by the user, with one toilet, or one toilet and one urinal.
“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 employer” means any person, corporation, association, or other legal entity that:
(c) Requirements.
(1) Potable drinking water.
(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.
(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. 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:
Agricultural operations not involving hand-labor operations shall meet the requirements of Sections 3360-3368.
All other agricultural operations shall meet the following requirements:
(3) 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:
(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:
(G) Handwashing facilities shall at all times meet the following standards:
(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:
Note: 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).
3. Amendment of subsection (b) adding new definition of “Single-user toilet facility,” amendment of subsection (c)(2)(A) and repealer and new Exceptions to subsection (c)(2)(A) filed 3-3-2020; operative 7-1-2020 (Register 2020, No. 10).