Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 180 - VIRGINIA FIELD SANITATION STANDARD, AGRICULTURE › Section 16VAC25-180-10 - Field sanitation (29 CFR 1928.110)

Current through Register Vol. 40, No. 24, July 15, 2024
Note: The following standard is unique for the enforcement of
				  occupational safety and health within the Commonwealth of Virginia under the
				  jurisdiction of the VOSH Program. The existing federal OSHA standard does not
				  apply; it does not carry the force of law and is not printed in this
				  volume.
(a) Scope. This section shall
				apply to any agricultural establishment where 11 or more employees are engaged
				on any given day in hand-labor operations in the field.
				16VAC25-180-10(c)(1)
				shall apply to all agricultural establishments regardless of the number of
				employees.
(b) Definitions.
"Agricultural employer" means any person, corporation,
				  association, or other legal entity that:
(i) Owns or operates an agricultural
				establishment;
(ii) Contracts with
				the owner or operator of an agricultural establishment in advance of production
				of the purchase of a crop and exercises substantial control over production;
				or
(iii) Recruits and supervises
				employees or is responsible for the management and condition of an agricultural
				establishment.
"Agricultural establishment" is a business operation that
				  uses paid employees in the production of food, fiber, or other materials such
				  as seed, seedlings, plants, or parts of plants.
"Hand-labor operations" means agricultural activities or
				  agricultural operations performed by hand or with hand tools. Except for
				  purposes of paragraph (c)(2)(iii) of this chapter, "hand-labor operations" also
				  include other activities or operations performed in conjunction with hand labor
				  in the field. Some examples of "hand-labor operations" are the
				  hand-cultivation, hand-weeding, hand-planting and hand-harvesting of
				  vegetables, nuts, fruits, seedlings or other crops, including mushrooms, and
				  the hand packing of produce into containers, whether done on the ground, on a
				  moving machine or in a temporary packing shed located in the field.
				  "Hand-labor" does not include such activities as logging operations, the care
				  or feeding of livestock, or hand-labor operations in permanent structures
				  (e.g., canning facilities or packing houses).
"Handwashing facility" means a facility providing either a
				  basin, container, or outlet with an adequate supply of potable water, soap and
				  single-use towels.
"Potable water" means water that meets the standards of
				  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 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.