Employers who currently employ, or have employed during the past twelve months, at any one time, eleven or more employees engaged in hand-labor operations in the field must provide toilets, hand washing facilities and drinking water to such employees at no cost to the employee.

EXEMPTIONS

Toilet and handwashing facilities are not required for employees who perform field work for a period of three (3) hours or less during the day, including transportation time to and from the field.

Activities such as logging operations, the care and feeding of livestock, or hand labor operations in permanent structures (e.g., canning facilities or packing houses) are not included in hand labor operations.

DEFINITIONS

Potable Water means water that meets the standards for drinking purposes of the state or local authority having jurisdiction or water that meets the quality standards prescribed by the U.S. Environmental Protection Agency's National Interim Primary Drinking Water Regulations, published in 40 CFR Part 141.

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.

EMPLOYER RESPONSIBILITIES

• Provide toilets and handwashing facilities as follows:
• One toilet facility and one handwashing facility for each 20 employees or fraction thereof.
• Toilet facilities shall be adequately ventilated, screened, having self-closing doors that can be closed and latched from the inside and constructed to insure privacy.
• Toilet and handwashing facilities shall be accessible to employees and in close proximity to each other. Facilities shall be located within a one-quarter mile walk of each hand laborer's place of work in the field.
• Where, because of terrain problems, it is not feasible to locate facilities within the one-quarter mile distance, the facilities shall be located at the closest vehicular access to the field.
• Provide potable drinking water which is readily accessible to all employees as follows:
• 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 the needs of all employees.
• The water shall be dispensed in single-use drinking cups or by fountains. The use of common drinking cups or dippers is prohibited.
• Maintain potable drinking water, toilets and handwashing facilities in accordance with appropriate public health sanitation practices as follows:
• Drinking water containers shall be constructed of materials that maintain water quality, shall be refilled daily or more often as necessary, shall be kept covered and shall be regularly cleaned.
• Toilet facilities shall be operational and maintained in a clean and sanitary condition.
• Handwashing facilities shall be refilled with potable water as necessary to ensure an adequate supply and shall be maintained in a clean and sanitary condition.
• Disposal of waste from facilities shall not cause unsanitary conditions.
• Notify each employee of the location of drinking water and sanitation facilities and provide employees with reasonable opportunities during the work day to use them.
• 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 agricultural residues:
• Use the water and facilities provided for drinking, handwashing, and elimination.
• Drink water frequently and especially on hot days.
• Wash hands both before and after using the toilet.
• Urinate as frequently as necessary.
• Wash hands before eating and smoking.

ADDITIONAL INFORMATION

• Labor Bulletin No. 450, Florida Fruit and Vegetable Association, Orlando, Florida, July 29, 1987.
• 29 CFR Part 1928.110. (See the document Field Sanitation: OSHA Standard 1928.110.)
• Federal Register, Vol. 52, No. 84, Friday, May 1, 1987/Rules and Regulations.

RESPONSIBLE AGENCY

See the document Occupational Safety and Health (OSHA).

This document, Fact Sheet FRE-91, is a new (7/92) version of the document extracted from the "1992 Handbook of Regulations Affecting Florida Farm Employers and Employees" published January 1992 by the Florida Cooperative Extension Service. For more information contact your county Cooperative Extension Service office.

C.D. Covey, Professor Emeritus, Food and Resource Economics Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences (IFAS), University of Florida, Gainesville, Florida 32611.

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