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 (9) 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 hereby 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 (9)
States.
B. General
1. Camps which move regularly due to the
nature of the work, such as sheep or cattle camps, are exempt from this
Part.
2. Each structure made
available for occupancy shall comply with the requirements of the applicable
building, zoning, electrical, health, fire, and animal control codes and all
local ordinances.
3. Labor camp
sites shall be constructed to provide adequate surface drainage and shall be
isolated at least 100 feet from barnyards, corrals and any existing or
potential health hazard.
4. Each
structure made available for occupancy shall be of sound construction, shall
assure adequate protection against weather, and shall include essential
facilities to permit maintenance in a clean and operable condition. Comfort and
safety of occupants shall be provided for by adequate heating, lighting,
ventilation or insulation when necessary to reduce excessive heat. Total window
area in permanent structures should be equal to at least 10 percent and in no
case less than 5 percent of the floor area. Windows shall be openable and
screened or mechanical ventilation must be provided.
5. Floors, walls and ceilings in permanent
and semipermanent structures shall be of smooth, nonabsorbent easily cleanable
materials, kept clean and in good repair.
6. In dormitory type facilities beds shall be
separated by a horizontal distance of at least five (5) feet, reducible to
three (3) feet if beds are alternated head to foot, except in the case of
double deck bunks, which shall have a minimum horizontal separation of six (6)
feet under all circumstances. If suitable permanent partitions are installed
between beds, spacing requirements may be modified upon approval of the health
department having jurisdiction.
7.
All combustion type room heating devices shall be supplied with proper vent
pipes. Gas fired facilities shall meet standards of the American Gas
Association.
8. All service
buildings shall:
a. Be located not less than
15 feet and not more than 500 feet from any sleeping quarters served.
b. Where practical, be of permanent
construction, and be provided with adequate light, heat and
ventilation.
c. Have interiors of
smooth, moisture resistant material, to permit frequent washing and
cleaning.
d. Have all outer
openings effectively screened.
e.
Where electric power is available, service buildings shall be provided with
outside lighting to indicate the location and entrance doorways of
each.
C.
Water Supply
1. Potable water supply systems
for labor camp occupants shall meet the requirements of the Utah State rules
and regulations relating to public drinking water supplies.
2. In addition to the requirements of the
rules and regulations relating to public drinking water supplies the design of
water system facilities shall be based on the suppliers engineer's estimates of
water demands, but shall in no case be less than Source Capacity of 50 gallons
per day per person and Storage Volume of 25 gallons per person. Distribution
System Capacity shall maintain a water system pressure in excess of 20 psi at
all points in the distribution system during peak hourly flow conditions.
Noncommunity systems in remote areas can be exempted from this requirement, on
a case by case basis, if flow from the system is always unregulated and free
flowing. The peak hourly flow should be calculated for the number of fixture
units presented in the Utah Plumbing Code.
3. The source and storage requirements as
indicated above do not include water demands for outside use or fire
protection. However, if the culinary system is intended to provide water for
such uses, the water requirements indicated above must be appropriately
increased. Specific information on watering requirements (e.g. area of land to
be irrigated) must be provided for Department of Health review.
4. Construction of a public drinking water
supply system intended to serve occupants of any labor camp shall not commence
until plans prepared by a licensed professional registered engineer have been
submitted to and approved in writing by the Utah State Department of Health.
Following construction the system may not be placed in service until a final
inspection is made by a representative of the Utah State Department of Health
or the local health department having jurisdiction.
5. Any culinary system or portion thereof
that is drained seasonally must be cleaned, flushed, and disinfected prior to
use. Furthermore, a water sample of satisfactory bacteriologic quality, i.e. a
sample showing not more than one coliform bacteria per 100 ml sample, must be
obtained before being placed into service. Systems operated on a seasonal basis
may be required to sample for bacteriologic analysis at an accelerated
frequency as determined by the health department having jurisdiction.
6. In any labor camp where it is infeasible
to pipe water into the area, an alternate supply may be permitted upon approval
of the health department having jurisdiction.
D. Wastewater Disposal
1. All wastewater shall be discharged to a
public sewer system where accessible and within 300 feet of the labor camp
property line.
2. Where connection
to a public sewer is not available, wastewater shall be discharged into a
wastewater disposal system meeting requirements of the Utah State Code of Waste
Disposal Regulations. Unless water usage rates are available, design shall be
based on not less than 50 gallons per day per person.
3. All plans for the construction or
alteration of a wastewater disposal system shall initially be submitted to the
local health department having jurisdiction. Where plan approval is required by
law to be provided by the State Department of Health, such plans will be
forwarded by the local authority along with any appropriate comments.
Construction or alteration of the disposal system shall not commence until the
plans have been approved in writing by the appropriate health agency.
E. Toilet Facilities and Plumbing.
1. Wherever toilet facilities for males and
females are located in the same building, and adjacent to each other, they
shall be separated by a sound resistant wall. Direct line of sight to each
restroom entrance shall be effectively obstructed. Separate facilities for men
and women are not required in single family quarters.
2. Soap and toilet tissue in suitable
dispensers, and individual towels or other approved hand drying facilities
shall be provided in restrooms. The use of common towels in connection with
such facilities is prohibited except in single family quarters.
3. Suitable waste receptacles with lids shall
be provided for each restroom.
4.
Adequate plumbing fixtures shall be available to all labor camp occupants as
required below:
|
TABLE 1
REQUIRED RATIO OF PLUMBING FIXTURES
- LABOR CAMP OCCUPANTS FOR SERVICE BUILDINGS
|
|
Plumbing Fixtures
|
|
Ratio of Plumbing Fixtures for Labor Camp
Occupants(1)
|
|
Males
|
Females
|
|
Water Closets
|
1/10
|
1/8
|
|
Urinals(2)
|
1/25
|
---
|
|
Lavatories
|
1/12
|
1/12
|
|
Shower/Bath
|
1/8
|
1/8
|
|
(1) or fraction thereof.
(2) one unit for each 25 men or fraction thereof,
up to 150 men, after which one additional unit shall be provided for each 50
persons.
|
5.
Plumbing fixtures which normally require water for their operation shall be
supplied with an adequate potable water supply under pressure. Water will be
provided for showers and lavatories at a minimum temperature of 90 degrees
F.
6. In camps where dormitory
facilities are provided or where individual family units are not plumbed,
sanitary drinking fountains shall be conveniently located.
7. Where water cannot be made available,
exceptions to the above requirements may be granted upon approval of the
Director or local health authorities having jurisdiction.
8. All plumbing in labor camps shall comply
with provisions of Utah Plumbing Code, and applicable local plumbing
codes.
9. Essential laundering
facilities shall be available to camp occupants and if included as part of the
labor camp facilities shall provide for each 40 occupants, or fraction thereof,
at least one laundry tray, washtub, or washing machine served with an adequate
supply of water.
F.
Maintenance
1. The employer has the duty of
controlling the conduct of camp occupants and shall make at least one daily
inspection of the entire camp while in operation, for these purposes. All camp
toilet and washroom facilities shall be inspected as necessary.
2. All buildings, rooms and equipment and the
grounds surrounding them shall be maintained in a clean and operable condition
and be protected from rubbish accumulation.
3. All necessary means shall be employed to
eliminate and control any infestations of insects and rodents within all parts
of any labor camp. This shall include approved screening or other control of
outside openings in structures intended for occupancy or food service
facilities.
4. Each bed, bunk, cot
or other sleeping facility for use by occupants shall be maintained in a
sanitary condition.
G.
Food Service
1. All food, food service
employees, ice, vending machines, food storage, preparation and serving
facilities made available by the camp management except those restricted to
individual or single family quarters shall comply with the requirements of the
Utah State Food Service Sanitation Regulations.
2. Where occupant is permitted or required to
cook foods, a space for kitchen facilities shall be provided, and shall be
equipped with a cooking stove in good working order and with adequate and
sufficient fuel, a kitchen sink, a refrigerator and convenient storage space
for food and necessary utensils. All food items provided by camp management
shall be wholesome and suitable for human consumption.
H. Solid Wastes.
Solid wastes originating in any labor camp shall be stored in
a sanitary manner, in watertight containers with lids, or the equivalent,
approved by the Local Health Department. The containers shall be conveniently
located and the contents shall be disposed of in a manner approved by the State
or Local Health Department having jurisdiction.
I. Reference Code.
1. Codes and regulations made part of these
regulations by reference are:
a. Utah Plumbing
Code
b. State of Utah Public
Drinking Water Regulations
c. Food
Service Sanitation Regulations
d.
Code of Waste Disposal Regulations
e. Recreational Vehicle Park Sanitation
Regulations.
f. FR Vol. 59, No.
137, Tuesday July 19, 1994, pages 36695 to and including 36700, "Retention of
DOT Markings, Placards, and Labels; Final Rule" is incorporated by
reference.
2. All are
available on request to: Utah State Department of Health, Division of
Environmental Health or the Labor Commission, Division of Occupational Safety
and Health.