PURPOSE: This rule provides for regulation of sanitation and shelter facilities for railroad, pullman and express company employees.

1. (1) This rule applies to all railroad corporations, pullman companies and railway express companies and to all persons employed by these corporations and companies and performing their work in Missouri, except in cases in which the division shall otherwise order. Every company to which this rule applies shall provide and maintain for its employees’ sanitation and shelter specified by this rule.

2. (2) As used in this rule, the following terms shall mean:

   1. (A) Bunk or section house—any building or portion of a building, excepting a family dwelling in which persons employed by railroad companies are furnished sleeping or living accommodations, or both;
   2. (B) Camp car—any sleeping, dining, kitchen, recreation car(s) or house trailer(s), on or off rail, furnished for the use of employees;
   3. (C) Company—a common carrier railroad, pullman or railway express company as an employer;
   4. (D) Division—the Division of Transportation;
   5. (E) Dressing room—a room used by employees either as a dressing room or as a restroom, or for both purposes;
   6. (F) Drinking water—water from a supply under the jurisdiction of a health authority;
   7. (G) Employee—any person employed by a company to which this rule applies;
   8. (H) Health authority—a public health authority having jurisdiction;
   9. (I) Number of employees—unless otherwise specified, the average number of employees employed on any one (1) shift;
   10. (J) Railroads—common carrier railroads;
   11. (K) Signal headquarters—a place where signal employees are regularly required to be and remain on duty during their shift;
   12. (L) Station—a facility where freight or passenger traffic, or both is ordinarily received and delivered and at which a station agent is regularly assigned for duty;
   13. (M) Terminal—a facility where engine and train crews in yard and train service and switchmen, switch tenders, maintenance of way employees, signal employees, car clerks, pullman and express employees are required to report for or be relieved from duty;
   14. (N) Toilets—fixtures such as flush, chemical, dry hopper toilets or privies for the purpose of defecation, unless otherwise specified;
   15. (O) Usual place of employment—the place where an employee works with a reasonable measure of continuity throughout the major part of his/her company service; and
   16. (P) Yards—a group of tracks used for the making or breaking up of trains or classification of cars.

3. (3) The general requirements for the providing of drinking water are—

   1. (A) Where water is supplied by the railroad for cooking or drinking purposes under these regulations, it shall be, where available, from a public supply under the jurisdiction of the state Department of Natural Resources. Water from a private supply shall meet the standards of the state Department of Health;
   2. (B) An adequate supply of drinking water shall be made available to all employees as provided in this rule;
   3. (C) When necessary, suitable, sanitarydrinking water containers shall be available, conveniently placed for the use of the employees, but not in toilet rooms. Each container shall be equipped with a sanitary fountain, faucet or other dispenser;
   4. (D) All containers used to furnish drinking water shall be thoroughly cleansed as often as is necessary to assure a sanitary and palatable drinking water supply. Water and ice shall be supplied in separate compartments. The provision relating to the water and ice being supplied in separate compartments shall not apply to signal employees; and
   5. (E) The common drinking cup is prohibited. Either single service containers or drinking fountains with sanitary angle head shall be used in lieu of a common drinking cup.
4. (4) Drinking water facilities shall be located on the following rolling stock: all locomotives; baggage and express cars when employees are required to work en route unless another facility is reasonably available; cabooses, except for those used in yard service; and all camp cars.

5. (5) Drinking water, according to specifications, shall be available if employees are on duty regularly for periods of time long enough to make that facility reasonably necessary, at the following locations:

   1. (A) All terminals;
   2. (B) All yard offices; 4 CSR 265-8
   3. (C) All stations where a public water supply is locally available (except where water is otherwise reasonably accessible);
   4. (D) All shops and engine houses;
   5. (E) All signal or section headquarters in terminals and all bunk or section houses;
   6. (F) All lunch rooms operated by railroad on railroad property; and
   7. (G) Camp cars.

6. (6) The requirements for providing toilet facilities are—

   1. (A) Where running water and sewer or septic tank connections are reasonably available, flush-type toilets and urinals shall be maintained as in this rule;
   2. (B) Chemical toilets or privies may be used only when it is impractical to install inside toilet and urinal facilities;
   3. (C) All permanent privies shall be constructed and maintained so that there will be no cracks or open spaces in that portion of the the superstructure between the seat and floor or between the floor and the pit, vault or space where the cans are kept. Every privy shall be provided with a door and the door shall be self-closing. The lids over the seats shall be so constructed as to fall into closed position when the seat is not occupied. The pit, vault or space where the cans are kept shall be ventilated to the outside air by means of a stack protected at its outlet end by screens. Individual seats shall be provided in accordance with the ratio set forth in subsection (6)(K);
   4. (D) Every flush toilet shall have a rim flush bowl or be so constructed as to prevent the accumulation of fecal matter on the bowl. The bowl shall be constructed of vitrified glazed earthenware, enameled metal or other smooth finished material impervious to moisture. No pan, plunger or wash-out water closets are permitted except that pan or doublepan types are permitted for running facilities. Every flush toilet shall have a separate hinged seat made of a material other than metal, which does not absorb moisture or which shall be finished with varnish or other substance resistant to moisture;
   5. (E) Every urinal shall be made of vitrified glazed earthenware, enameled metal or other smooth finished material impervious to moisture. Every urinal shall be flushed from a water supplied tank or through a flush valve. Water may be allowed to run continuously over trough urinals. Slab urinals are not permitted;
   6. (F) No toilet room shall have direct communication with any room in which meals are taken, unless separated from the room by a self-closing door maintained in operating condition. Separate toilet facilities shall be provided for each sex, whenever practicable and each toilet room shall then be plainly marked as to appropriate sex;
   7. (G) Each water closet in toilet rooms containing more than one (1) water closet(s), together with the one (1) or more urinals, shall be in an individual compartment with door;
   8. (H) Every toilet room shall be adequately ventilated. All windows, ventilators and other openings shall be screened unless air conditioning is provided;
   9. (I) All toilet facilities, except privies, chemical and dry hopper toilets, shall be provided with adequate lighting and adequately heated;
   10. (J) Toilet rooms shall be kept free of insects and vermin insofar as possible;
   11. (K) Adequate toilet facilities, conveniently located, shall be provided for all employees and for each sex whenever practicable. The facilities shall be maintained in a usable and sanitary condition at all times. The following table shall be used as a guide in determining the adequacy of toilet facilities:

   Number of Minimum Number Employees of Facilities 1—10 persons 1 toilet

11—25 persons 2 toilets 26—49 persons 3 toilets 50—100 persons 5 toilets 100 persons or over 1 toilet for each additional 25 persons

Whenever urinals are provided, one (1) urinal may substitute for one (1) toilet, provided the number of toilets shall not be reduced to less than two-thirds (2/3) of the number shown in the table;

1. (L) An adequate supply of toilet paper with holder shall be supplied by the employer for each toilet; and
2. (M) In all toilet rooms used by women, the company shall permit the installation of dispensing machines for sanitary napkins. Covered receptacles shall be provided for the disposal of sanitary napkins.

1. (7) Toilet facilities shall be located on running equipment as follows:

   1. (A) All locomotives, except those used primarily in transfer, switching or yard service and those locomotives in service on October 29, 1985 on which no space is available;
   2. (B) Baggage and express cars when employees are required to work en route and no other facility is available;
   3. (C) Cabooses, except those used primarily in transfer, switching or yard service; and
   4. (D) Camp cars when no other toilet is available.
2. (8) Toilets shall be available also if employees are on duty regularly for periods of time long enough to make those facilities reasonably necessary at the following locations: all terminals; all yard offices; all stations, except where other facilities are otherwise reasonably accessible; all engine houses and shops; all signal or section headquarters in terminals and all bunk or section houses; all camp cars when no other toilet is available; and at all crossing watchman locations, where practicable, and where those facilities are not otherwise readily and conveniently located.

3. (9) Adequate washing facilities for maintaining personal cleanliness shall be provided for all employees. They shall be convenient for employees for whom they are provided and shall be maintained in a sanitary condition. Washing facilities shall meet the following specifications:

   1. (A) Wash basins or lavatories shall be made of vitrified glazed earthenware, vitreous enameled metal or other smooth finished material, impervious to moisture;
   2. (B) Twenty-four inches (24") of trough or circular wash basin shall be considered the equivalent of one (1) wash basin. The trough or circular wash basin shall not be equipped with a plug or stopper; and
   3. (C) Spring-closing hand-operated faucets are prohibited in trough basins or circular basin.

4. (10) The following table shall be used as a guide in determining the adequacy of washing facilities:

   Number of Minimum Number Employees of Facilities 1—10 persons 1 basin

11—25 persons 2 basins 26—49 persons 3 basins 50—100 persons 5 basins 100 persons or over 1 basin for each additional 25 persons

At least one (1) wash basin shall be located convenient to each toilet room.

1. (11) Washing facilities shall be located on running equipment as follows:

   1. (A) Baggage and express cars, where employees are assigned for work en route, and no other facilities are available;
   2. (B) Cabooses, except cabooses used primarily in transfer, yard or switching service; and
   3. (C) Camp cars, when no other washing facility is available.
2. (12) Washing facilities shall be available if employees are on duty regularly for periods of time long enough to make the facilities reasonably necessary at the following locations: all terminals; all yard offices; all engine houses and shops; all signal or section headquarters in terminals and all bunk or section houses; places convenient to lunch rooms designated as such; and camp cars when no other washing facility is available.

3. (13) The following govern the providing of supplies for water facilities:

   1. (A) Water shall be available and hot water shall be supplied at all terminals, yard offices, engineer houses and shops;
   2. (B) Mechanical drying facilities, including mechanical roller towel or individual towels, either paper or cloth, shall be provided. The use of common towels is prohibited;
   3. (C) Waste receptacles shall be provided for used paper towels;
   4. (D) Soap or other suitable cleansing agent shall be supplied; and
   5. (E) All supplies shall be adequate to meet the needs for which they are intended and shall be maintained by the employer.
4. (14) Showers shall be required at specific locations when in the judgment of this division those facilities are necessary to protect employees whose work involves exposure to poisonous infectious or irritating material or to excessive dirt, heat fumes or vapors or other materials or substances injurious to health. Shower facilities shall be provided in conjunction with adequate and necessary lockers or dressing room facilities.
5. (15) Showers shall be provided with a spray fixture connected to an ample supply and pressure of hot and cold water, preferably mixed by a mixing valve. Each shower room or compartment shall be constructed of material impervious to moisture and it shall be not less than thirty-two inches (32") in width and thirty-two inches (32") in depth.
6. (16) Locker rooms, except those in camp cars, shall have not less than eighty (80) square feet of floor space for the first ten (10) employees, or fraction of ten (10) and for each additional employee not less than four
7. (4) square feet shall be added to the locker room. Employees refers to employees to whom lockers have been assigned. Locker rooms shall be properly lighted, heated and ventilated at all times and necessary furniture, such as benches and tables, shall be provided.
8. (17) Individual lockers for employees shall be provided at either their home terminal or away from home terminal when requested by the employees and deemed necessary by the division. Lockers shall be metal, not less than fifteen inches (15") wide, eighteen inches (18") deep and seventy-two inches (72") high, exclusive of legs or other base. The lockers shall be equipped with a shelf and with not less than one (1) clothes hook for each side or equivalent hanger bar and also sufficient openings in the door for purposes of ventilation.
9. (18) Where six (6) or more women who are required to change clothing are employed and a dressing room is not provided, room space shall be provided, properly screened for privacy and made suitable for the use of women employees in lieu of a dressing room. Dressing rooms shall be conveniently located for the workers for whose use they are intended.
10. (19) The walls, floor and ceilings of bunk rooms, camp cars and dormitories shall be so constructed as to provide protection from outside weather elements and to permit their being readily cleaned and they shall be kept cleaned and in good repair. Wood floors shall be raised above the ground sufficiently to allow air space beneath them. Ventilation shall be provided by windows opening directly to the outside air and during the period between May 1 and November 1 all outer doors and windows shall be equipped with screens. Adequate heating facilities and fuel shall be provided with which employees may maintain comfortable temperature as weather conditions may require and lighting by windows, acceptable artificial illumination, or both, also shall be provided.
11. (20) Bunk rooms or dormitories shall be of an area that provides at least fifty (50) square feet of floor space for each person with a ceiling height of not less than seven feet (7'), except where double bunks are used at least thirty (30) square feet of floor space shall be provided for each person accommodated. Where beds, bunks or cots are provided, they shall be equipped with proper mattresses, raised twelve inches (12") above the floor and be located two feet (2') or more from the side of any other bed, bunk or cot located in the same room and have at least twenty-seven inches (27") of clear space above them.
12. (21) Where camp cars, house trailers, pullman or passenger cars or both, are furnished for sleeping purposes, the division may designate the number of men to be housed in each car.
13. (22) When an employee works regularly at a location, other than a repair track, where shelter is not otherwise available, it shall be provided if requested by the employee and if deemed necessary by the division.
14. (23) When a lunch room is provided by the company, it shall be adequately ventilated, reasonably heated, properly screened or air conditioned, provided with the necessary covered receptacles for the disposal of waste matter and shall be kept clean and in good care. When kitchen cars or other camp facilities for heated meals are furnished by the company, they shall be provided with adequate equipment for cooking and refrigeration. In lunch rooms where food is served by the company for employees, the food, equipment and facilities shall be subject to the same inspection and regulation as is required in public eating places, generally consistent with the rules of the state Department of Health pertaining to public food establishments, employees and workers handling and serving food in the lunch rooms shall be subject generally to those rules of the state Department of Health which are necessary to the sanitary handling of food. Concessionaire facilities provided by the company in lieu of direct company operations shall comply with this rule with respect to adequate space, adequate food handling facilities and cleanliness.

15. (24) In addition to the requirements of the preceding sections of this rule, cabooses or rider cars other than yard cabooses shall be subject to the following requirements:

    1. (A) They shall be equipped with a stove or other heating equipment that will provide a minimum temperature of sixty-five degrees Fahrenheit (65°F). A sufficient amount of fuel will be available for each trip or shift;
    2. (B) Their windows and doors shall be weather-stripped during cold weather and all caboose windows and doors shall be equipped with screens where cabooses are used as sleeping quarters by crews laying over at away-from-home terminals;
    3. (C) They shall be maintained in a clean and of sanitary condition; and
    4. (D) They shall be lighted by electricity or other acceptable means so as to furnish at least five (5) foot-candles of reasonably steady illumination at desk top level whenever employees are required to perform clerical work. 4 CSR 265-8

16. (25) In addition to the requirements of the preceding sections, cabooses or rider cars not used in road service shall be subject to the following requirements:

    1. (A) They shall be equipped with a stove or other heating equipment that will provide a minimum temperature of sixty-five degrees Fahrenheit (65°F). Sufficient fuel for each trip or shift shall be available;
    2. (B) Their windows and doors shall be weathered-stripped as required by the season of the year;
    3. (C) Windows on all cabooses shall be washed at reasonable intervals; and
    4. (D) They shall be maintained in a clean and sanitary condition.
17. (26) Frequency of regular and thorough cleaning will be determined in each case by the amount of traffic; and in all instances, the frequency of cleaning shall be adequate. Floors shall be maintained in a clean and, so far as practicable, dry condition at all times. Where wet processes are used, drainage shall be maintained and false floors, platforms, mats or other dry standing places shall be provided whenever practicable. Toilets and washrooms shall not be used for storage. Fixtures are to be maintained in proper working order at all times.
18. (27) The present facilities shall be deemed adequate unless upon a specific complaint the division shall find otherwise.

AUTHORITY: section 622.027, RSMo 1986.* Emergency rule filed June 14, 1985, July 1, 1985, expired Oct. 28, 1985. Original rule filed Aug. 1, 1985, effective Oct. 29, 1985. Amended: Filed April 16, 1986, effective June 30, 1986.

*Original authority: 622.027, RSMo 1985.