Wis. Admin. Code Department of Workforce Development § DWD 301.09 - Field sanitation standards
Current through March 28, 2022
In operations where 6 or more migrant workers are engaged in hand labor, the employer shall meet the requirements of subs. (1) to (5) without cost to the worker.
(1)
TOILET FACILITIES. Toilet facilities shall be provided in the ratio of one
facility per every 20 workers, regardless of gender, located within 1/4 mile of
each employee's work place in the field or, if not feasible, at the closest
vehicular access. Toilet facilities shall have doors than can be closed and
latched from the inside.
(2)
HANDWASHING FACILITIES.
(a) Handwashing
facilities shall be provided in the ratio of one facility per every 20 workers,
regardless of gender, located within 1/4 mile of each employee's work place in
the field, or if not feasible, at the closest vehicular access.
(b) The department may authorize the
substitution of prepackaged towelettes for handwashing facilities when such a
variation is necessary to prevent a practical difficulty or unnecessary
hardship and the substitution does not compromise the health and safety of the
worker.
(c) Written application for
a variance under par. (b) shall be filed with the department on a form
prescribed by the department. A variance shall not be effective until granted
in writing by the department.
(3) DRINKING WATER. Potable drinking water to
meet worker needs shall be provided at a readily accessible location. The water
provided to the workers shall be cool and kept in insulated containers which
are clean and sanitary. A supply of water shall be available in sufficient
amount to meet worker needs. The water shall be dispensed in single serving
drinking cups. The use of common drinking cups or dippers is
prohibited.
(4) MAINTENANCE.
(a) Toilet and handwashing facilities shall
be clean and sanitary.
(b) Potable
water containers shall be covered, cleaned and refilled daily.
(c) Disposal of wastes from facilities shall
not cause unsanitary conditions.
(d) Toilet facilities shall be provided with
an adequate supply of toilet paper.
(5) REASONABLE USE. Workers shall be allowed
reasonable opportunities during the workday to use the facilities.
(6) DEFINITIONS.
(a) "Hand labor" means that work which is
performed manually in the field.
(b) "Handwashing facility" means a facility
provided with running water for washing hands, arms, face and head, including
lavatories, basins and sinks, both for cleanliness and for safety
purposes.
(c) "Potable water" means
all water which may be distributed by any agency or individual, public or
private, for human consumption, washing of the person, the preparation of foods
or beverages, or for the cleansing of any utensil or article used in the course
of preparation or consumption of food or beverages for human beings.
(d) "Sanitary condition" means that condition
of good order and cleanliness which precludes the probability of disease
transmission.
(e) "Toilet facility"
means a facility provided for the purpose of defecation or urination, or both,
including water closets and biological or chemical toilets, and
urinals.
(f) "Work place" means the
area in which work is performed as defined in s.
DWD
301.06(5) except canneries and
freezing plants, and is not in the proximity of any existing sanitary
facilities.
(7)
VARIANCES.
(a) The department may, upon
written application by a camp operator and after inspection by a migrant labor
inspector, grant a variance to a provision of this section if it determines
that an equivalency is established in the petition for variance which meets the
intent of the provision involved.
(b) An equivalency is established for the
purposes of par. (a) when appropriate alternative measures have been taken to
protect the health and safety of workers and to assure that the purpose of the
provision from which the variance is sought will be observed.
(c) A variance issued under this subsection
may be either temporary or permanent. In granting a variance, the department
may impose specific conditions to promote the protection of the health, safety
and welfare of the workers. Violation of any condition under which a petition
is granted constitutes a violation of this chapter for which a compliance order
may be issued or a variance may be revoked.
(d) Any person who wishes to contest a
determination on a petition for variance may, within 30 days after the date of
the determination, file a request for hearing with the secretary. The request
shall contain a statement of the specific reasons for contesting the
determination. The secretary may deny the request if he or she determines that
it sets forth insufficient reasons for a hearing. If the secretary grants the
request, he or she may designate a hearing examiner to conduct the hearing and
to issue either a recommended decision to the secretary or a final
decision.
Notes
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