78S20083 YDB-D
By: Chavez H.B. No. 45
A BILL TO BE ENTITLED
AN ACT
relating to sanitation facilities at a temporary place of
employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 341, Health and Safety Code, is amended
by adding Subchapter H to read as follows:
SUBCHAPTER H. SANITATION FACILITIES AT A TEMPORARY PLACE OF
EMPLOYMENT
Sec. 341.151. DEFINITIONS. In this subchapter:
(1) "Chemical toilet" means a toilet facility in which
human excreta are collected in a container charged with a chemical
to disinfect and deodorize the contents before disposal.
(2) "Hand-washing facility" means a plumbing device
for washing the hands, arms, face, and head for cleanliness and
safety purposes. The term includes a lavatory, basin, and sink.
(3) "Nuisance" means:
(A) any object, place, or condition that
constitutes a possible or probable medium for transmission of
disease to or between humans; or
(B) any other object, place, or condition that
may be specifically declared to be a nuisance by the board.
(4) "Number of employees" means the maximum number of
employees present at any one time during a regular workday at a
temporary place of employment.
(5) "Putrescible waste" means organic waste that rots
or undergoes anaerobic decomposition and becomes foul and
malodorous.
(6) "Sanitary facility" means equipment built or
installed to serve as a means of:
(A) dispensing drinking water;
(B) washing the hands;
(C) eliminating human excreta; or
(D) collecting refuse.
(7) "Toilet facility" means a plumbing device for the
deposit and discharge of human excreta. The term includes water
closets, biological or chemical toilets, and urinals.
(8) "Toilet room" means an enclosed area containing
one or more toilet facilities and offering personal privacy. A
toilet room may be permanent or portable.
Sec. 341.152. APPLICABILITY. (a) This subchapter applies
to a temporary place of employment, including a location at which a
person is directly or indirectly employed by another person in:
(1) work of a mobile nature or at a series of locations
involving movement from one location to another;
(2) work of a transitory or seasonal nature performed
for less than one year or at a temporary job site;
(3) work on a railroad maintenance-of-way; or
(4) work in any agricultural operation or activity
performed in the field or outside of any permanent structure or
facility.
(b) This subchapter does not apply to:
(1) a place of employment or numbers of employees to
which specific federal sanitation standards apply, as adopted under
the Occupational Safety and Health Act of 1970, 29 U.S.C. Sections
651-678; or
(2) the operation of railroad rolling stock.
Sec. 341.153. EMPLOYER DUTIES. (a) An employer is
responsible for providing and maintaining sanitary facilities at a
temporary place of employment in accordance with the minimum
standards established under this subchapter for the total number of
employees employed during each workday or part of a workday, except
as otherwise provided, whether the employment is direct or through
an intermediary.
(b) For labor performed under a contractual arrangement, an
employer is primarily responsible and each labor contractor of the
employer is jointly responsible for compliance with this
subchapter.
(c) At a temporary place of employment at which employees of
more than one employer perform work, each employer is responsible
for providing or arranging for the provision of sanitary facilities
that meet the minimum standards established under this subchapter
for the employer's number of employees.
(d) An employer may not:
(1) deduct from an employee's pay or charge a fee for
use of required sanitary facilities; or
(2) charge an employee for transportation provided to
or from the sanitary facilities.
(e) An employer shall:
(1) inform an employee of the employee's rights and
obligations under this subchapter; and
(2) notify an employee of:
(A) the location of all sanitary facilities
designated for employee use;
(B) any means of travel to the facilities, if
provided; and
(C) a subsequent change in location or other
arrangement.
(f) An employer that employs not more than six persons
performing work at a temporary place of employment on any workday is
not required to provide toilet and hand-washing facilities if:
(1) the employer has provided or arranged for
immediate transportation to and from nearby facilities; and
(2) the facilities meet minimum sanitary standards
under this subchapter and are accessible to the employees.
Sec. 341.154. INSPECTION. An employer or the employer's
designated representative shall inspect a job site and the related
sanitary facilities as often as necessary to ensure compliance with
this subchapter.
Sec. 341.155. EMPLOYEE DUTIES. An employee shall make
proper use of the sanitary facilities provided, as reasonable and
necessary, to prevent adversely affecting the health of the
employee or other persons.
Sec. 341.156. STANDARDS FOR FOOD SERVICE. An employer
shall ensure that the preparation, storage, and dispensing of food
at a temporary place of employment is in accordance with 25 Tex.
Admin. Code Sections 229.161-229.171 as administered by the health
authority with local jurisdiction.
Sec. 341.157. STANDARDS FOR EATING OR REST AREA. (a) At
all temporary places of employment at which employees or others are
required or allowed to eat or take rest periods at the job site, an
employer shall provide or designate one or more areas suitable for
those purposes for the maximum number of persons who may use the
areas at one time.
(b) An employer should, but is not required to, provide a
tarpaulin fly or similar covering during eating or rest periods in
an outdoor area if insufficient shade is available.
(c) An employer shall provide an adequate number of covered
receptacles for disposal of all waste food. The receptacles must
be:
(1) emptied at least once daily; and
(2) kept free of residues.
(d) An employer shall ensure that food is not:
(1) stored, prepared, or eaten in an area where a
material or substance is present in quantities or concentrations
that may contaminate food or be injurious to health; or
(2) stored or eaten in a toilet room.
Sec. 341.158. LIGHTING STANDARDS. An employer shall
provide in work areas where artificial lighting is necessary
lighting levels that are not less than:
(1) the levels of illumination described in the IESNA
Lighting Handbook (9th ed. 2000), published by the Illuminating
Engineering Society of North America; or
(2) stricter levels established by board rule.
Sec. 341.159. VENTILATION STANDARDS. (a) For an indoor or
enclosed space that people may occupy in the course of temporary
employment, an employer shall:
(1) provide proper ventilation by natural or
mechanical means; and
(2) supply fresh outside air of acceptable quality.
(b) This section establishes the minimum ventilation
standard if a local building code does not specify either
ventilation rates or amounts.
(c) A mechanical ventilation system should, but is not
required to, include an airflow measurement.
(d) The ventilation rate for a natural ventilation and
infiltration system must be measurable. An employer shall provide
mechanical ventilation if infiltration rates are not sufficient to
meet the ventilation air requirements.
(e) The minimum rate of ventilation may not be less than:
(1) five cubic feet per minute for each occupant; and
(2) 20 cubic feet per minute for each occupant where
smoking, cooking, or open flames are permitted.
(f) An employer shall ensure that the ventilation provided
under Subsection (e) is continuous during all working hours and any
other periods of occupancy.
Sec. 341.160. GENERAL SANITATION STANDARDS. (a) An
employer shall require:
(1) a work area to be kept clean to the extent the
nature of the work allows; and
(2) a job site to be kept free from obstructions that
may:
(A) cause or contribute to the injury of an
employee;
(B) cause an unsafe act to be committed; or
(C) impede sanitation.
(b) An employer shall maintain a temporary place of
employment in a sanitary condition.
Sec. 341.161. DRINKING WATER STANDARDS. (a) An employer
shall ensure that employees at a temporary place of employment have
an adequate supply of drinking water that is readily accessible to
all employees during all working hours and rest periods in
sufficient amounts to meet their needs.
(b) The drinking water must be obtained from a water system
complying with rules adopted by the Texas Commission on
Environmental Quality for public water systems.
(c) An employer may supply drinking water in a sealed glass
or plastic container obtained from a producer inspected by the Food
and Drug Division of the department in accordance with Chapter 431.
(d) The drinking water must be protected from contamination
until the time of consumption.
(e) An installed sanitary drinking fountain must meet:
(1) the specifications established by Standard
1010-2002, "Drinking Fountains and Self-Contained,
Mechanically-Refrigerated Drinking-Water Coolers," of the Air
Conditioning and Refrigeration Institute; or
(2) stricter specifications established by board
rule.
(f) At a location at which a drinking water supply system
that meets the minimum standards is not available, an employer may
provide individual, disposable, or portable containers filled with
water from a source that is in compliance with the minimum standards
under this section.
(g) An employer shall supply a total capacity of not less
than two quarts of drinking water for each of the number of
employees present for each workday.
(h) Except for a location at which drinking water is
supplied exclusively by fountain, an employer shall supply:
(1) disposable single-service drinking cups to all
employees at a job site;
(2) a container for storage of a sufficient number of
cups; and
(3) adjacent to each water dispenser, a receptacle for
the disposal of used cups.
(i) For drinking water cooled by ice, an employer shall
ensure the ice does not come in contact with the water unless the
ice is:
(1) manufactured from drinking water; and
(2) protected from contamination from the point of
manufacture until the time of consumption.
Sec. 341.162. STANDARDS FOR PORTABLE DRINKING WATER
CONTAINERS. (a) An employer shall ensure that a portable container
used to dispense drinking water is:
(1) clearly marked to identify the contents;
(2) maintained in a sanitary condition;
(3) designed to allow the container to be tightly
closed; and
(4) except for individual consumption containers,
equipped with a suitable tap.
(b) A portable container used to dispense drinking water may
not be used for any other purpose.
(c) An employer shall ensure that the drinking water in a
portable container does not exceed a temperature of 80 degrees
Fahrenheit during the time in which the water is dispensed to
employees.
(d) An employer shall dispense drinking water in a portable
container, other than an individual container, through a drinking
fountain or a gravity water tap.
Sec. 341.163. PROHIBITIONS ON DISTRIBUTION OF DRINKING
WATER. An employer may not dispense drinking water using:
(1) a container such as a barrel, pail, or tank from
which water must be poured or dipped; or
(2) a common drinking cup.
Sec. 341.164. NONPOTABLE WATER STANDARDS. (a) An employer
shall:
(1) clearly identify an outlet for nonpotable water,
such as an outlet that dispenses water for industrial, irrigation,
or fire-fighting purposes only; and
(2) inform all persons at the job site that the water
is unsafe for drinking, washing, or cooking.
(b) Nonpotable water may not be supplied or used for any
drinking water purpose under any circumstances.
Sec. 341.165. STANDARDS FOR TOILET FACILITIES AND TOILET
ROOMS. (a) An employer shall provide, in accordance with this
subchapter, toilet facilities in separate toilet rooms for each
sex. The toilet facilities:
(1) must be readily accessible to all employees during
all working hours and rest periods; and
(2) may be permanent or portable.
(b) An employer shall provide water-actuated, chemical, or
biological toilet facilities. Other systems, such as combustion
toilets, sealed-bag toilets, and vault toilets, may be used only
with the specific permission of the health authority with local
jurisdiction.
(c) Except as otherwise provided by this section, an
employer shall provide at least one fixed or portable toilet for
every 30 employees of each sex as determined on a daily basis at
each temporary place of employment.
(d) An employer that provides chemical toilets shall
provide at least one toilet for every 20 employees of each sex
unless cleanout service is provided more than once per week. If
toilet facilities are not used by women, urinals may be substituted
for up to one-third of the number of toilets required for men.
(e) If persons in addition to employees will use the toilet
facilities, an employer shall provide additional toilets.
(f) At a job site at which the total number of employees is
not more than 15, as determined on a daily basis, an employer may
provide for men and women a single toilet in a toilet room that
offers complete privacy and can be locked from the inside.
(g) An employer shall:
(1) maintain each toilet room and facility in a
sanitary condition, free of objectionable toilet odors, during all
work hours and rest periods;
(2) provide an adequate supply of toilet paper in a
suitable holder for each toilet;
(3) provide covered waste receptacles in all toilet
rooms used by women; and
(4) ensure the floors, walls, ceilings, partitions,
and doors of each toilet room are constructed of a finish that is
easily cleaned.
Sec. 341.166. SPECIFICATIONS FOR TOILET FACILITY OR TOILET
ROOM AT PERMANENT LOCATION. (a) An employer shall ensure that each
toilet facility at a permanent location:
(1) is housed in a separate compartment equipped with
a door and latch;
(2) contains between toilets a wall or partition of
sufficient height to assure privacy; and
(3) is installed in a manner to allow easy cleaning of
the toilet facility.
(b) Subsection (a)(3) does not prohibit the use of wall-hung
toilet stools or urinals.
(c) An employer shall ensure that each toilet has a seat
made of substantial material with a nonabsorbent finish.
(d) An employer shall ensure a toilet room at a permanent
location that is not ventilated by mechanical means has a screened
ventilation opening sufficiently large to allow adequate
ventilation.
Sec. 341.167. SPECIFICATIONS FOR PORTABLE TOILET FACILITY
OR ROOM. (a) An employer shall:
(1) ensure that a portable toilet facility is
constructed to be readily accessible and to assure privacy; and
(2) provide steps and handrails as necessary to allow
convenient and safe access and use by each person.
(b) An employer may provide a portable facility that:
(1) combines the toilet facility with a drinking
water, hand-washing, or waste-disposal facility;
(2) includes recommended first aid and emergency
equipment; and
(3) is capable of being towed or moved from one job
site to another.
(c) A portable facility provided under Subsection (b) must
meet the minimum sanitary standards under this subchapter.
(d) A building housing a portable toilet room may be a
mobile trailer or a prefabricated, skid-mounted, or other portable
structure.
(e) An employer shall ensure that:
(1) in a building containing more than one toilet
facility, each toilet facility is housed in a separate compartment
with a door and latch; and
(2) a wall or partition between toilets is of
sufficient height to assure privacy.
(f) An employer is not required to house a urinal in a
separate compartment.
(g) An employer shall ensure that:
(1) a tank in which waste is stored is vented to the
outside of the structure housing the tank; and
(2) a portable toilet room that is not ventilated by
mechanical means contains a screened ventilation opening.
Sec. 341.168. WASTE COLLECTION AND DISPOSAL STANDARDS. (a)
An employer shall ensure that a receptacle used for the collection
and storage of putrescible waste is:
(1) sturdily constructed so that it does not leak and
may be conveniently and thoroughly cleaned;
(2) equipped with a tight-fitting cover; and
(3) maintained in a sanitary condition.
(b) Disposable plastic bags of suitable size and strength
are recommended for use as liners for receptacles that collect and
store putrescible waste.
(c) An employer shall ensure that solid or liquid waste,
debris, refuse, and garbage are removed, as necessary to maintain
sanitary conditions, from work and rest areas in a manner that
avoids creating a nuisance or menace to health.
(d) An employer shall dispose of all waste, including human
excreta, in accordance with this subchapter and other applicable
laws covering the disposal of waste.
Sec. 341.169. HAND-WASHING FACILITY STANDARDS. (a) An
employer shall provide hand-washing facilities for maintaining
personal cleanliness at every temporary place of employment.
(b) An employer shall ensure that a hand-washing facility
is:
(1) maintained in a sanitary condition;
(2) convenient for employee use; and
(3) supplied with running drinking water, which may be
supplied by gravity flow.
(c) An employer shall ensure that at least one hand-washing
facility is:
(1) located in or adjacent to any toilet room, whether
portable or at a permanent location, that is provided for
employees' use; and
(2) provided for every two toilet facilities.
(d) An employer shall ensure each hand-washing facility
includes:
(1) a dispenser containing a cleansing agent; and
(2) conveniently located individual hand towels and
proper receptacles for disposal.
(e) If a sufficient supply of drinking water for
hand-washing cannot be provided at a particular temporary job site,
an employer may provide an ample supply of disposable,
pre-moistened cleaning towels and emulsifiable skin cleaners. The
disposable cleaning towels may not serve as a permanent substitute
for a hand-washing facility.
Sec. 341.170. SPECIFICATIONS FOR A PORTABLE HAND-WASHING
FACILITY. An employer shall ensure that:
(1) a portable hand-washing facility is supplied with
at least one-half gallon of drinking water for washing purposes for
each of the number of employees present for a regular workday;
(2) the storage tank for the water is kept in a
sanitary condition; and
(3) used wash water is disposed of in a holding tank or
seepage pit or by another means that does not create a nuisance or
menace to health.
Sec. 341.171. TRAVEL LIMITATION. (a) An employer shall
provide sanitary facilities:
(1) for a travel route that is unimpeded or that does
not require a climb, not more than 400 meters from the work site; or
(2) for a travel route that is impeded or that requires
a climb, not more than five minutes' walking time from the work
site.
(b) An employer that cannot comply with Subsection (a)
shall:
(1) provide sanitary facilities that meet the minimum
sanitary standards under this subchapter at the nearest possible
location; and
(2) provide or arrange for transportation to and from
the facilities during work and rest periods, subject to Subsection
(c).
(c) Travel time to facilities provided under Subsection (b)
may not exceed five minutes.
(d) This section does not apply to an employee who:
(1) is employed as a mounted rider; or
(2) operates moving power equipment or vehicles on the
job.
SECTION 2. This Act takes effect December 1, 2004.