Our business was affected by the nice, deep freeze that hit California a couple of weeks ago. In particular, the building to the bathroom and office had multiple pipes break and the water was shut off. Therefore, the toilet and the bathroom sink have no running water.
We have been waiting for the job to be fixed and for water to be sourced. In the meantime, we have willfully filled up 5 gallon buckets with water from an outdoor faucet to "flush" the toilet after use. From there, we must walk through a series of doors several hundred feet away to a sink in a completely different building to wash our hands.
Obviously, it is unsanitary (passing bathroom germs from door handle to door handle). What we need to know is if there are any OSHA or Cal-OSHA regulations governing the nearness of a handwashing facility? I know certain fieldworkers (we are an agricultural business) need to have a toilet within a certain distance from the work area, but is there a requirement in terms of the distance between toilet and sink? Should hand sanitizers at the toilet be provided by the business in the meantime?
I am making sure that things are kept clean regardless, but the lack of attention to this is, well, dissapointing. If an employee were to walk directly from the toilet to the sink and washed their hands promptly, there would still be 3 doors in which e-coli or other foodborne pathogens could take residence. Anyone beyond that point could pick up the pathogens and taint food.
Eng&SafetyMGR
02-02-2007, 05:24 PM
directly from the osha webiste;
Question 1: What are OSHA's regulations regarding bathrooms, and where can this regulation be found?
Response: OSHA's sanitation standard that addresses restrooms for general industry may be found in Title 29 of the Code of Federal Regulations, Part 1910, Section 141 (abbreviated as 29 CFR 1910.141).
follow this link and you should be able to find the information you need;
http://www.osha.gov/
cyjeff
02-02-2007, 05:28 PM
Is the company actively trying to have the repairs made?
joec
02-02-2007, 05:31 PM
They are also covered in the U.P.C and the U.B.C which I cant link. Maybe Eng&SafetyMGR can link them.
JoeC
Eng&SafetyMGR
02-02-2007, 06:00 PM
It appears that Califonia defaults to the U.P.C ( Uniform Plumbing Code) as do most western states, I'll see if i can dig up a link for ya
joec
02-02-2007, 06:07 PM
This is as good as I could do without going to the libary http://www.iapmo.org/
JoeC
Eng&SafetyMGR
02-02-2007, 06:11 PM
i can't find anything in the UPC that specifically adresses locations, distances etc. for restroom facilites. I will enclose a handy chart that details number of fixtures required per type of building and builiding load.
I'm not saying there's not requirements , just that i can't find them.
Obviously common sense would dictate getting this resolved as quicly as possible ( i know i would).
Do you have someone higher up in the Safety and/or Sanitation supervisory/management chain that could use to help expedite the repairs?
kprjo
02-03-2007, 11:38 AM
Thank you all for your replies.
There seems to be a verbal attempt, but because of a "very busy schedule" and wanting to save money by doing it himself, we are left waiting, with no date of completion or concrete plans. Unfortunately, there was a private bath that was fixed that following weekend, about two weeks ago, that was fixed but is locked from our use.
All there is in terms of "departments" is an owner, manager (me), and employee(s). the owner is mostly absentee.
I will have to look thoroughly through your websites. I wish it were obvious and concrete. I'll be on again soon with an update. If you find anything in the meantime, please pass it on -- I am so grateful for your help.
kprjo
02-05-2007, 09:55 AM
So far, I have been able to dig up some material that may work. Although relatively undefined in terms of proximity, it suggests that my suspicions are pretty correct.
From the CalOSHA website:
"(G) Handwashing facilities shall at all times meet the following standards:
1. Pure, wholesome, and potable water shall be available for handwashing.
2. Handwashing facilities shall be refilled with potable water as necessary to ensure an adequate supply.
3. Soap or other suitable cleansing agent and single-use towels shall be provided.
4. Signs shall be posted, indicating that the water is only for handwashing purposes.
5. Handwashing facilities shall be provided at the toilet unit or in the immediate vicinity.
6. Handwashing facilities shall be maintained in a clean and sanitary condition."
On a side note, I found an FDA link that was of interest to the operation of the business. In the Code of Federal Regulations, Title 21, Part 110, Sect. 110.37(a): "Water Supply. The water supply shall be sufficient for the operations intended and shall be derived from an adequate source. Any water that contacts food or food-contact surfaces shall be safe and of adequate sanitary quality. Running water at a suitable temperature, and under pressure as needed, shall be provided in all areas where required for the processing of food, for the cleaning of equipment, utensils, and food packaging materials, or for employee sanitary facilities."
Perhaps the combination of these regulations will get the ball rolling.
Thank you!
kprjo
02-12-2007, 08:44 AM
There has been no attempt to begin servicing our bathroom. The only functioning toilet is locked up tight.
We have been patiently waiting since the 13th of January for this problem to be fixed. I asked for the working toilet to be unlocked and accessible for us until the employee toilet is fixed. It hasn't happened.
Would it be completely out of line to halt any future sales of our food until we have the appropriate facilities? Would this be grounds for the health department or agricultural commissioner to close the business until it was functioning completely?
I really do not know how to deal with this situation.
kprjo
03-30-2007, 02:08 PM
It has been over two months now since we have had working restroom facilities with an adjacent sink. I had called an OSHA consultant annonymously approximately 1 month ago and discussed exactly how this place was set up to find out which regulations apply to our facility. I did the same with an FDA consultant. The consensus seemed to be that we needed a working sink next to the toilet facility.
I halted the sales of our food product until we meet these standards. It was not a business decision, but a management decision (I am the one and only manager who answers to the sole owner). As a manager, I do not want to go against these regulations.
The owner now told me that he doesn't give a s**t about those regulations, that we only have to do our best to meet the standards outlined, and that sales had better begin this next week.
I am not sure what to do exactly. I know that if I were to begin the sales and then report us to the government regulations, I would supposedly have my job protected. But to begin those sales knowledgably...couldn't I get in trouble for that as a manager? If I continue to refuse, I will likely be fired. I doubt there is any protection for having expectations of workplace standards. So that leads me to another question (not really OSHA board related, but perhaps you would have an idea), will I be able to collect unemployment for refusing to do my "job"?
Thank you in advance. I am hoping that by answering these questions I will have a better idea as to what to do.
Beth3
03-30-2007, 02:48 PM
After two months, it appears the company owner has no intention of making the necessary repairs. You're going to have to let your conscience guide you but you may wish to contact the Department of Health and/or whatever regulatory agency oversees compliance with food processing standards in your industry. This is a public health issue. If you are fired in retaliation for doing so, yes, it seems very likely you would be eligible for unemployment benefits.
Whether you are liable as a member of management for knowingly violating OSHA and public health standards, even at the direction of the company owner, is something I'm afraid I can't answer.
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