Section 001-365-IV - GENERAL REQUIREMENTSA.APPLICABILITYThe requirements of this section apply, in accordance with II., to agricultural employers whose employees are engaged in handlabor operations in the field, except to the extent that they are modified by Specific Requirements of this rule.
B.PROVISION OF FACILITIESAgricultural employers shall provide the following for employees engaged in handlabor operations in the field:
1.Potable drinking watera. Potable water shall be provided and shall be placed in locations reasonably accessible to all employees.b. The water shall be suitably cool, uncontaminated and in sufficient amounts, taking into account the air temperature, humidity and the nature of the work performed, to meet all employees' needs during the entire work period.c. The water shall be dispensed by sanitary fountain or by sanitary single use, disposable cups supplied in quantity to meet all employees' needs. Where cups are provided, a receptacle for their disposal shall be provided in close proximity to the water dispenser.d. The use of common drinking cups or dippers is prohibited.2.Toilet and handwashing facilitiesa. Toilet facilities and handwashing facilities shall be provided in numbers sufficient to meet all employees' needs for protection of health, including privacy and reasonable convenience.b. Toilet facilities shall have doors that can be closed and latched from the inside and shall be constructed to insure privacy.c. Toilet and handwashing facilities shall be reasonably accessible to all employees and each toilet facility shall have a handwashing facility in close proximity. "Reasonably accessible toilet and handwashing facilities includes facilities to which the agricultural employer provides transportation which is reasonably accessible and sufficiently frequent to meet all employees' needs for protection of health, including privacy and reasonable convenience. The employer shall inform employees as to locations of facilities and changes thereof, and as to availability and location of transportation to facilities.d. Adequate receptacles for waste towels and similar wastes shall be located in close proximity to toilet and handwashing facilities.C.MAINTENANCEPotable drinking water containers and toilet and handwashing facilities shall be maintained in accordance with appropriate public health sanitation practices, including without limitation the following:
1. Toilet facilities shall be operational and maintained in clean and sanitary condition, including control of odors:2. Handwashing facilities shall be maintained in clean and sanitary condition; and3. Disposal of wastes shall not cause unsanitary conditions and shall comply with applicable requirements of the Department of Human Services and the Department of Environmental Protection.D.REASONABLE USE1. Employees shall be allowed reasonable opportunities during the workday to use the facilities.2. No agricultural employer may require any employee to pay a fee or charge of any kind for drinking water or for the use of or transportation to and from toilet or handwashing facilities, nor may any deduction from an employee's pay or hours be made as a consequence of the provision or use of water or facilities in accordance with this rule.01-001 C.M.R. ch. 365, § IV