§ 71.402 Minimum requirements for bathing facilities, change rooms, and sanitary flush toilet facilities. ( a ) All bathing facilities, change rooms, and sanitary flush toilet facilities shall be provided with adequate light, heat, and ventilation so as to maintain a comfortable air temperature and to minimize the accumulation of moisture and odors, and the facilities shall be maintained in a clean and sanitary condition.
( b ) Bathing facilities, change rooms, and sanitary flush toilet facilities shall be constructed and equipped so as to comply with applicable State and local building codes. However, where no State or local building codes apply to these facilities, or where no State or local building codes exist, the facilities shall be constructed and equipped so as to meet the minimum construction requirements in the National Building Code (1967 edition) and the plumbing requirements in the National Plumbing Code (ASA A40.8-1955), which documents are hereby incorporated by reference and made a part hereof. These documents are available for examination at MSHA's Office of Standards, Regulations, and Variances, 201 12th Street South, Arlington, VA 22202-5452; 202-693-9440; and at every MSHA Coal Mine Safety and Health District Office. Copies of the National Plumbing Code (ASA A40.8-1955) may be purchased from the American National Standards Institute, Inc., 25 W. 43rd Street, 4th Floor, New York, NY 10036; *http://www.ansi.org .*
( c ) In addition to the minimum requirements specified in paragraphs (a) and (b) of this section, facilities maintained in accordance with § 71.400 shall include the following: ( 1 ) *Bathing facilities.* ( i ) Showers shall be provided with both hot and cold water.
( ii ) At least one shower head shall be provided where five or less miners use such showers.
( iii ) Where five or more miners use such showers, sufficient showers shall be furnished to provide approximately one shower head for each five miners.
( iv ) A suitable nonirritating cleansing agent shall be provided for use at each shower.
( 2 ) *Sanitary flush toilet facilities.* ( i ) At least one sanitary flush toilet shall be provided where 10 or less miners use such toilet facilities.
( ii ) Where 10 or more miners use such toilet facilities, sufficient flush toilets shall be furnished to provide approximately one sanitary flush toilet for each 10 miners.
( iii ) Where 30 or more miners use toilet facilities, one urinal may be substituted for one flush toilet, however, where such substitutions are made they shall not reduce the number of toilets below a ratio of two flush toilets to one urinal.
( iv ) An adequate supply of toilet paper shall be provided with each toilet.
( v ) Adequate handwashing facilities or hand lavatories shall be provided in or adjacent to each toilet facility.
( 3 ) *Change rooms.* ( i ) Individual clothes storage containers or lockers shall be provided for storage of miners' clothing and other incidental personal belongings during and between shifts.
( ii ) Change rooms shall be provided with sample space to permit the use of such facilities by all miners changing clothes prior to and after each shift.
[37 FR 6368, Mar. 28, 1972, as amended at 43 FR 12319, Mar. 24, 1978; 67 FR 38385, June 4, 2002; 71 FR 16668, Apr. 3, 2006; 80 FR 52989, Sept. 2, 2015]