Short answer: when 11 or more workers do hand labor in the field on the same day, provide one toilet and one hand-washing facility for every 20 workers, within a quarter-mile walk, plus drinking water. Crews out for three hours or less, travel included, are exempt.
Which farms the rule covers
The federal field sanitation standard, 29 CFR 1928.110, applies to agricultural employers with 11 or more workers doing hand labor in the field on any given day: picking chile, thinning onions, hoeing cotton, hand work in pecan orchards. It applies in Texas through federal OSHA and in New Mexico through the state plan, which adopts the same agriculture standard.
The counts
| Workers in the field | Toilets | Hand-wash facilities |
|---|---|---|
| 10 or fewer | Not required by this rule | Not required by this rule |
| 11 to 20 | 1 | 1 |
| 21 to 40 | 2 | 2 |
| 41 to 60 | 3 | 3 |
| 61 to 80 | 4 | 4 |
The quarter-mile walk
Facilities must sit within a quarter-mile walk of each worker, or at the closest point vehicles can reach if the field is not accessible. In a long chile field, that can mean parking units at the far end, not at the headquarters barn. Where vehicle access is impossible, the facilities go at the nearest point a vehicle can get to.
Upkeep the rule expects
- Toilets with doors that close and lock from inside, with toilet paper.
- Hand-washing with water, soap and single-use towels.
- Drinking water, cool and in single-use cups or a fountain.
- Facilities kept sanitary and in good repair.
- Workers told where the facilities are and given reasonable chances to use them.
Moving with the crew
Harvest crews in the Mesilla Valley, Anthony, Fabens and Tornillo move fields every few days. We can set toilets and a wash station on a towable trailer that moves with the crew, or relocate units on call. Keep a road the service truck can pass and call a day ahead when the crew changes fields.
Season timing
Green chile harvest in the valley usually runs from August into October, and pecan harvest from late fall into winter. Call before the season starts, since several growers often need units the same week.
Source: 29 CFR 1928.110. A summary, not legal advice.
Web storyJob-site toilet rules in Texas and New MexicoOSHA Table D-1 for crews on both sides of the state line: how many units, washing, cleaning and the mobile-crew exception.