1. A. NOTE: FR Vol 62, No. 12, Friday, January 17, 1997, Pages 2558 to and including 2565, "Alaska, Indiana, Iowa, Kentucky, Minnesota, South Carolina, Utah, Virgin Islands and Wyoming State Plans; Approval of Plan Supplements; Levels of Federal Enforcement; Final Rule" is incorporated by reference.

   This change amends OSHA's regulations to reflect the Assistant Secretary's decision approving amendments to nine State plans to exclude coverage of the field sanitation standard and the temporary labor camp standard as it applies to agriculture with the exception of temporary labor camps for employees engaged in egg, poultry or red meat production, or the post-harvest processing of agriculture or horticultural commodities, from their State Plans. The states of Alaska, Indiana, Iowa, Kentucky, Minnesota, South Carolina, Utah, Virgin Islands, and Wyoming have elected to follow the jurisdictional transfer of authority as effected by Secretary of Labor's Orders 5-96 and 6-96, published in the Federal Register on January 2, 1997, between the Employment Standards Administration (ESA) and OSHA with regard to these two OSHA standards. OSHA is amending pertinent sections of its regulations on approved State plans to reflect this relinquishment of State jurisdiction and transfer of OSHA enforcement authority to ESA in these nine States.

2. B. This rule shall apply to any farming operation where 11 or more employees are engaged on any given day in hand labor operations in the field.

3. C. Employers shall provide the following for employees engaged in hand labor operations in the field, without cost to the employee.

   1. 1. Potable drinking water.

      1. a. Potable water shall be provided and shall be placed in locations readily accessible to all employees.
      2. b. The water shall be suitably cool and in sufficient amounts, taking into account the air temperature, humidity and the nature of the work performed, to meet employee's needs.
      3. c. The water shall be dispensed in single use drinking cups or by fountains. The use of common drinking cups or dippers is prohibited.

   2. 2. Toilet and handwashing facilities.

      1. a. One toilet facility and one handwashing facility shall be provided for each thirty employees or fraction thereof, except as stated in (4).
      2. b. Toilet facilities shall have doors that can be closed and latched from the inside and shall be constructed to insure privacy.
      3. c. Toilet and handwashing facilities shall be accessibly located, in proximity to each other, and within one quarter mile of each employee's place of work in the field. Where it is not feasible to locate facilities accessibly and within the required distance due to the terrain, they shall be located at the point of closest vehicular access.
      4. d. Toilet and handwashing facilities are not required for employees who perform field work for a period of three hours or less, including transportation time to and from the field, during the day.

   3. 3. Potable drinking water and toilet and handwashing facilities shall be maintained in accordance with appropriate public health sanitation practices, including the following:

      1. a. Drinking water containers shall be covered, cleaned and refilled daily.
      2. b. Toilet facilities shall be operational and maintained in clean and sanitary condition.
      3. c. Handwashing facilities shall be maintained in clean and sanitary condition; and
      4. d. Disposal of wastes from facilities shall not cause unsanitary conditions.
   4. 4. Employees shall be allowed reasonable opportunities during the workday to use the facilities.

KEY: safety

Date of Last Change: October 18, 2022

Notice of Continuation: June 24, 2022

Authorizing, and Implemented or Interpreted Law: 34A-6-202