OSHA Instruction CPL 2.36B August 30, 1993 Directorate of Compliance Programs

SUBJECT: Changes to the Agriculture Standard Alleged Violation Elements (SAVEs) Manual, 29 CFR Part 1928

A. Purpose. This instruction establishes and provides guidelines for using the Agriculture Standard Alleged Violation Elements (SAVE's) Manual.

B. Scope. This instruction applies OSHA-wide.

C. Reference. OSHA Instruction CPL 2.45B, June 15, 1989, the Revised Field Operations Manual (FOM); and CH-3, June 15, 1992, Chapter V--Citations.

D. Cancellation. OSHA Instruction CPL 2.36A, March 22, 1993, Agriculture SAVEs Manual, 29 CFR 1928, and Memorandum for Regional Administrators, Subject: Agriculture (SAVEs), July 16, 1993, are canceled.

E. Background. Final Rules and Regulations for Field Sanitation were published in the Federal Register, Vol.52, No. 84, on May 1, 1987.

F. Action. Hazard Communication violations shall not be cited under 29 CFR 1928.21. The appropriate standard to cite is 29 CFR 1910.1200.

G. State Plan States. Regional Administrators shall advise State designees of the action required by this instruction and encourage their participation in the SAVEs program.

Roger A. Clark, Director Directorate of Compliance Programs

DISTRIBUTION: National, Regional, and Area Offices Compliance Officers State Designees Area Office Clericals 11(c)/405 Programs NIOSH Regional Program Directors

OSHA Instruction CPL 2.36B August 30, 1993 Office of General Industry Compliance Assistance

1 29 CFR 1928.110(c)(1)(i): Potable drinking water was not provided and placed in locations readily accessible to all employees engaged in hand-labor operations in the field.

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 1 2 29 CFR 1928.110(c)(1)(ii): Potable drinking water provided was not suitably cool to meet the needs of employees engaged in hand-labor operations in the field.

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS)

NOTE: The temperature of the water must be low enough to encourage employees to drink it to cool the core body temperature.

OPTION 2 3 29 CFR 1928.110(c)(1)(ii): The potable drinking water provided was not in sufficient amounts to meet the needs of all employees engaged in hand-labor operations in the field:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 1 4 29 CFR 1928.110(c)(1)(iii): Single-use drinking cups or fountains were not provided for dispensing of potable water to employees engaged in hand-labor operations in the field:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OSHA Instruction CPL 2.36B August 30, 1993 Office of General Industry Compliance Assistance

OPTION 2 1 29 CFR 1928.110(c)(1)(iii): The use of common drinking cups or dippers was not prohibited:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATIONS AND/OR CONDITIONS)

2 29 CFR 1928.110(c)(2)(i): One toilet facility and one handwashing facility was not provided for each twenty (20) employees or fraction thereof engaged in hand-labor operations in the field:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS)

NOTE: See exemption in 1928.110(c)(2)(v).

3 29 CFR 1928.110(c)(2)(ii): Toilet facilities for use by employees engaged in hand-labor operations in the field were not adequately ventilated, appropriately screened, constructed to ensure privacy and equipped with self-closing doors that could be closed and latched from the inside:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 1 4 29 CFR 1928.110(c)(2)(iii): Toilet and handwashing facilities for use by employees engaged in hand-labor operations in the field were not accessibly located and in close proximity to each other:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS) (DESCRIBE HAZARD(S) WHERE NECESSARY) (NUMBER OF EMPLOYEES EXPOSED)

OSHA Instruction CPL 2.36B August 30, 1993 Office of General Industry Compliance Assistance

OPTION 2 1 29 CFR 1928.110(c)(2)(iii): Toilet and handwashing facilities for use by employees engaged in hand-labor operations were not located within a one-quarter mile walk of each hand laborer's place of work in the field:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.110(c)(2)(iv): Where due to the terrain it was not feasible to locate toilet and handwashing facilities within one-quarter mile walk of each hand laborer's place of work in the field, the facilities were not located at the point of closest vehicular access:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 1 3 29 CFR 1928.110(c)(3)(i): Drinking water containers used for employees engaged in hand-labor operations in the field were not constructed of materials that would maintain water quality:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS) (DESCRIBE HAZARD(S) WHERE NECESSARY)

OPTION 2 4 29 CFR 1928.110(c)(3)(i): Drinking water containers used for employees engaged in hand-labor operations in the field were not refilled daily or more often as necessary:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OSHA Instruction CPL 2.36B August 30, 1993 Office of General Industry Compliance Assistance

OPTION 3 1 29 CFR 1928.110(c)(3)(i): Drinking water containers provided for employees engaged in hand-labor operations in the field were not kept covered:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 4 2 29 CFR 1928.110(c)(3)(i): Drinking water containers provided for employees engaged in hand-labor operations in the field were not regularly cleaned:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 1 3 29 CFR 1928.110(c)(3)(ii): Toilet facilities provided for employees engaged in hand-labor operations in the field were not operational:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 2 4 29 CFR 1928.110(c)(3)(ii): Toilet facilities provided for employees engaged in hand-labor operations in the field were not maintained in a clean and sanitary condition:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OPTION 1 5 29 CFR 1928.110(c)(3)(iii): Handwashing facilities provided for employees engaged in hand-labor operations in the field were not refilled with potable water as necessary to ensure an adequate supply:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS)

OSHA Instruction CPL 2.36B August 30, 1993 Office of General Industry Compliance Assistance

OPTION 2 1 29 CFR 1928.110(c)(3)(iii): Handwashing facilities provided for employees engaged in hand-labor operations in the field were not maintained in a clean and sanitary condition:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS)

2 29 CFR 1928.110(c)(3)(iv): Disposal of wastes from toilet and handwashing facilities used by employees engaged in hand-labor operations caused unsanitary conditions:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS) (DESCRIBE HAZARD(S) WHERE NECESSARY)

OPTION 1 3 29 CFR 1928.110(c)(4): The employer did not notify each employee engaged in hand-labor operations of the location of the sanitation facilities and water:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS) (DESCRIBE HAZARD(S) WHERE NECESSARY) (NUMBER OF EMPLOYEES NOT NOTIFIED)

OPTION 2 4 29 CFR 1928.110(c)(4): The employer did not allow each employee engaged in hand-labor operations reasonable opportunities during the workday to use the sanitation facilities and water:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS) (NUMBER OF EMPLOYEES AFFECTED)

OSHA Instruction CPL 2.36B August 30, 1993 Office of General Industry Compliance Assistance

OPTION 3 1 29 CFR 1928.110(c)(4): The employer did not inform each employee engaged in hand-labor operations in the field of the importance of the good hygiene practices listed in 29 CFR 1928.110(c)(4)(i) through (c)(4)(v), in order to minimize exposure to the hazards in the field of heat, communicable diseases, retention of urine and agrichemical residues:

(a) (LOCATION) (IDENTIFY SPECIFIC OPERATION(S) AND/OR CONDITIONS) (NUMBER OF EMPLOYEES NOT INFORMED)

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