113310-113360

HEALTH AND SAFETY CODE
SECTION 113310-113360




113310.  The Legislature finds and declares that the people of the
State of California have a primary interest in the sanitary
conditions under which food crops are grown and harvested for human
consumption and in the health and related sanitary conditions under
which the workers are employed in the growing and harvesting of food
crops.
   The Legislature hereby finds and declares that the provision of
sanitary and handwashing facilities for those employed in the growing
and harvesting of food crops is necessary to the preservation of
sanitation and health and that facilities are necessary to maintain
the dignity of workers.


113315.  For the purposes of this article "food crop" shall mean all
fruits and vegetables intended for human consumption.



113320.  For the purpose of this article "food crop growing and
harvesting operation" shall mean any field activity or operation
wherein a food crop is grown and harvested, where five or more
employees are working as a crew, unit, or group for a period of two
or more hours.



113325.  Every employer shall provide or cause to be provided toilet
and handwashing facilities for every food crop growing and
harvesting operation.


113330.  Employees shall use the toilet and handwashing facilities
provided.


113335.  Toilet facilities shall provide privacy and shall be so
designed as to keep human excreta from contaminating the crop and to
keep flies away from the excreta. Toilet paper shall be provided.
Toilet facilities shall be maintained in a clean and sanitary
condition.



113340.  Handwashing facilities shall be such as to afford an
opportunity to wash hands in clean water using soap or other suitable
cleansing agent and to dispose of used wash water without nuisance
or contamination of food crop.


113345.  Toilet and handwashing facilities for food crop harvesting
operations shall be provided at convenient locations. For the purpose
of this article "convenient" means within a five-minute walk of
place of work.
   When, because of layout of access roads, ground terrain, or other
physical conditions, it is not possible to comply with the foregoing
requirement, toilet and handwashing facilities shall be located at
the point of vehicular access closest to the workers.



113350.  (a) Except as provided in Section 18930, the department,
after consultation with the State Departments of Food and Agriculture
and Industrial Relations, may make and adopt reasonable regulations
in accordance with this article pursuant to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code and may adopt and submit building standards for
approval pursuant to Chapter 4 (commencing with Section 18935) of
Part 2.5 of Division 13. The regulations shall be at least as
effective as those adopted pursuant to Section 6712 of the Labor
Code.
   (b) No part of this article shall be construed to abridge or limit
in any manner the jurisdiction of the Division of Occupational
Safety and Health pursuant to Division 5 (commencing with Section
6300) of the Labor Code.



113355.  (a) The primary responsibility for enforcement of this
article shall be vested in the local health officers; county
agricultural commissioners may participate in enforcement. The State
Departments of Health Services, Industrial Relations, and Food and
Agriculture may also enforce this article.
   (b) Any agency enforcing this article shall report any violation
to all field offices of the Employment Development Department located
in the county where the violation occurs. The report shall identify
the employer responsible for the violation, the nature of the
violation, and the location of the food crop growing and harvesting
operation where the violation occurs. The Employment Development
Department shall not refer persons for employment to any employer or
food crop growing and harvesting operation identified in the report
until the agency reporting the violation certifies that the violation
has been corrected.


113360.  Any person who knowingly and willfully violates any of the
provisions of this article, or of the regulations adopted under this
article, is guilty of a misdemeanor.