(a) General -
(1) Scope. This section applies to permanent places of employment.
(2) Definitions applicable to this section.
Nonwater carriage toilet facility, means a toilet facility not connected to a sewer.
Number of employees means, unless otherwise specified, the maximum number of employees present at any one time on a regular shift.
Personal service room, means a room used for activities not directly connected with the production or service function performed by the establishment. Such activities include, but are not limited to, first-aid, medical services, dressing, showering, toilet use, washing, and eating.
Potable water means water that meets the standards for 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 (40 CFR 141).
Toilet facility, means a fixture maintained within a toilet room for the purpose of defecation or urination, or both.
Toilet room, means a room maintained within or on the premises of any place of employment, containing toilet facilities for use by employees.
Toxic material means a material in concentration or amount which exceeds the applicable limit established by a standard, such as §§ 1910.1000 and 1910.1001 or, in the absence of an applicable standard, which is of such toxicity so as to constitute a recognized hazard that is causing or is likely to cause death or serious physical harm.
Urinal means a toilet facility maintained within a toilet room for the sole purpose of urination.
Water closet means a toilet facility maintained within a toilet room for the purpose of both defecation and urination and which is flushed with water.
Wet process means any process or operation in a workroom which normally results in surfaces upon which employees may walk or stand becoming wet.
(3) Housekeeping.
(i) All places of employment shall be kept clean to the extent that the nature of the work allows.
(ii) The floor of every workroom shall be maintained, so far as practicable, in a dry condition. Where wet processes are used, drainage shall be maintained and false floors, platforms, mats, or other dry standing places shall be provided, where practicable, or appropriate waterproof footgear shall be provided.
(iii) To facilitate cleaning, every floor, working place, and passageway shall be kept free from protruding nails, splinters, loose boards, and unnecessary holes and openings.
(4) Waste disposal.
(i) Any receptacle used for putrescible solid or liquid waste or refuse shall be so constructed that it does not leak and may be thoroughly cleaned and maintained in a sanitary condition. Such a receptacle shall be equipped with a solid tight-fitting cover, unless it can be maintained in a sanitary condition without a cover. This requirement does not prohibit the use of receptacles which are designed to permit the maintenance of a sanitary condition without regard to the aforementioned requirements.
(ii) All sweepings, solid or liquid wastes, refuse, and garbage shall be removed in such a manner as to avoid creating a menace to health and as often as necessary or appropriate to maintain the place of employment in a sanitary condition.
(5) Vermin control. Every enclosed workplace shall be so constructed, equipped, and maintained, so far as reasonably practicable, as to prevent the entrance or harborage of rodents, insects, and other vermin. A continuing and effective extermination program shall be instituted where their presence is detected.
(b) Water supply -
(1) Potable water.
(i) Potable water shall be provided in all places of employment, for drinking, washing of the person, cooking, washing of foods, washing of cooking or eating utensils, washing of food preparation or processing premises, and personal service rooms.
(ii) [Reserved]
(iii) Portable drinking water dispensers shall be designed, constructed, and serviced so that sanitary conditions are maintained, shall be capable of being closed, and shall be equipped with a tap.
(iv) [Reserved]
(v) Open containers such as barrels, pails, or tanks for drinking water from which the water must be dipped or poured, whether or not they are fitted with a cover, are prohibited.
(vi) A common drinking cup and other common utensils are prohibited.
(2) Nonpotable water.
(i) Outlets for nonpotable water, such as water for industrial or firefighting purposes, shall be posted or otherwise marked in a manner that will indicate clearly that the water is unsafe and is not to be used for drinking, washing of the person, cooking, washing of food, washing of cooking or eating utensils, washing of food preparation or processing premises, or personal service rooms, or for washing clothes.
(ii) Construction of nonpotable water systems or systems carrying any other nonpotable substance shall be such as to prevent backflow or backsiphonage into a potable water system.
(iii) Nonpotable water shall not be used for washing any portion of the person, cooking or eating utensils, or clothing. Nonpotable water may be used for cleaning work premises, other than food processing and preparation premises and personal service rooms: Provided, That this nonpotable water does not contain concentrations of chemicals, fecal coliform, or other substances which could create insanitary conditions or be harmful to employees.
(c) Toilet facilities -
(1) General.
(i) Except as otherwise indicated in this paragraph (c)(1)(i), toilet facilities, in toilet rooms separate for each sex, shall be provided in all places of employment in accordance with table J-1 of this section. The number of facilities to be provided for each sex shall be based on the number of employees of that sex for whom the facilities are furnished. Where toilet rooms will be occupied by no more than one person at a time, can be locked from the inside, and contain at least one water closet, separate toilet rooms for each sex need not be provided. Where such single-occupancy rooms have more than one toilet facility, only one such facility in each toilet room shall be counted for the purpose of table J-1.
Table J-1
| Number of employees | Minimum number of water closets1 |
|---|---|
| 1 to 15 | 1 |
| 16 to 35 | 2 |
| 36 to 55 | 3 |
| 56 to 80 | 4 |
| 81 to 110 | 5. |
| 111 to 150 | 6 |
| Over 150 | (2) |
(ii) The requirements of paragraph (c)(1)(i) of this section do not apply to mobile crews or to normally unattended work locations so long as employees working at these locations have transportation immediately available to nearby toilet facilities which meet the other requirements of this subparagraph.
(iii) The sewage disposal method shall not endanger the health of employees.
(2) Construction of toilet rooms.
(i) Each water closet shall occupy a separate compartment with a door and walls or partitions between fixtures sufficiently high to assure privacy.
(ii) [Reserved]
(d) Washing facilities -
(1) General. Washing facilities shall be maintained in a sanitary condition.
(2) Lavatories.
(i) Lavatories shall be made available in all places of employment. The requirements of this subdivision do not apply to mobile crews or to normally unattended work locations if employees working at these locations have transportation readily available to nearby washing facilities which meet the other requirements of this paragraph.
(ii) Each lavatory shall be provided with hot and cold running water, or tepid running water.
(iii) Hand soap or similar cleansing agents shall be provided.
(iv) Individual hand towels or sections thereof, of cloth or paper, air blowers or clean individual sections of continuous cloth toweling, convenient to the lavatories, shall be provided.
(3) Showers.
(i) Whenever showers are required by a particular standard, the showers shall be provided in accordance with paragraphs (d)(3) (ii) through (v) of this section.
(ii) One shower shall be provided for each 10 employees of each sex, or numerical fraction thereof, who are required to shower during the same shift.
(iii) Body soap or other appropriate cleansing agents convenient to the showers shall be provided as specified in paragraph (d)(2)(iii) of this section.
(iv) Showers shall be provided with hot and cold water feeding a common discharge line.
(v) Employees who use showers shall be provided with individual clean towels.
(e) Change rooms. Whenever employees are required by a particular standard to wear protective clothing because of the possibility of contamination with toxic materials, change rooms equipped with storage facilities for street clothes and separate storage facilities for the protective clothing shall be provided.
(f) Clothes drying facilities. Where working clothes are provided by the employer and become wet or are washed between shifts, provision shall be made to insure that such clothing is dry before reuse.
(g) Consumption of food and beverages on the premises -
(1) Application. This paragraph shall apply only where employees are permitted to consume food or beverages, or both, on the premises.
(2) Eating and drinking areas. No employee shall be allowed to consume food or beverages in a toilet room nor in any area exposed to a toxic material.
(3) Waste disposal containers. Receptacles constructed of smooth, corrosion resistant, easily cleanable, or disposable materials, shall be provided and used for the disposal of waste food. The number, size, and location of such receptacles shall encourage their use and not result in overfilling. They shall be emptied not less frequently than once each working day, unless unused, and shall be maintained in a clean and sanitary condition. Receptacles shall be provided with a solid tight-fitting cover unless sanitary conditions can be maintained without use of a cover.
(4) Sanitary storage. No food or beverages shall be stored in toilet rooms or in an area exposed to a toxic material.
(h) Food handling. All employee food service facilities and operations shall be carried out in accordance with sound hygienic principles. In all places of employment where all or part of the food service is provided, the food dispensed shall be wholesome, free from spoilage, and shall be processed, prepared, handled, and stored in such a manner as to be protected against contamination.
[39 FR 23502, June 27, 1974, as amended at 40 FR 18446, Apr. 28, 1975; 40 FR 23073, May 28, 1975; 43 FR 49748, Oct. 24, 1978; 63 FR 33466, June 18, 1998; 76 FR 33607, June 8, 2011]