WSR 97-14-008

EMERGENCY RULES

STATE BOARD OF HEALTH

[Filed June 19, 1997, 11:33 a.m.]

Date of Adoption: June 12, 1997.

Purpose: The emergency rule allows shower requirements to be met by showers located within a reasonable distance of camps, for temporary worker housing provided to workers within cherry picking camps. The board is responding to a situation described by county health officials.

Citation of Existing Rules Affected by this Order: Amending WAC 246-358-095.

Statutory Authority for Adoption: RCW 70.54.110.

Other Authority: RCW 34.05.350.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Based on the testimony of Max Benitz, Jr., Chair of the Board of Benton County Commissioners, Undersheriff Money of the Benton County Sheriff's Office and Bruce Perkins, Director of Environmental Health of the Benton-Franklin Health District, the State Board of Health finds that the following reasons necessitate an emergency rule amendment:

Migrant workers are now beginning to arrive in Washington state to harvest the cherry crop. Historically, migrant workers have lived in cherry camps established by growers for whom they pick. For various reasons including ongoing litigation and the threat of litigation, growers who might otherwise have sought licensure of their camps have opted not to seek licensure. This situation presents the potential of having far more migrant workers in cherry growing communities than there are places in licensed camps.

There is currently little alternative housing available for migrant workers in cherry growing communities outside of the cherry camps. Without camps available, workers often live "on the river bank," that is, in isolated rural areas without safe sources of drinking water or any sanitation facilities. The health risks both to workers and to the larger community associated with such conditions include the spread of infectious disease. Workers camping in isolated areas may also be the targets of violence, vandalism and theft. The state health officer concurred in the assessment of health risks.

A certain percentage of unlicensed cherry growers have camps that are equipped for licensure except with respect to shower requirements. Local authorities believe some of the growers would seek licensure if shower requirements could be met by off-site showers. If licensed, these camps would provide additional housing for migrant workers.

The above-described conditions constitute good cause to find threat to the public health, safety, or welfare. The amendment is narrowly tailored to alleviate these conditions on a temporary basis. Because the cherry harvest is imminent, observing requirements for notice and the opportunity for public comment would be contrary to the public interest.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, amended 1, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 0, repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 1, repealed 0.

Effective Date of Rule: Immediately.

June 18, 1997

Sylvia Beck

Executive Director

AMENDATORY SECTION (Amending WSR 96-02-014, filed 12/21/95, effective 1/1/96)

WAC 246-358-095 Bathing and handwashing facilities. (1) An operator shall:

(a) Provide hot and cold running water under pressure for bathing and handwashing adequate to meet the needs of occupants as determined by the department or contracted health officer;

(b) Provide at least one electrical ceiling or wall-type convenience fixture; and

(c) Provide thirty footcandles of light measured thirty inches from the floor.

(2) An operator providing centralized bathing or handwashing facilities shall meet the requirements of subsection (1) of this section, and:

(a) Provide the number of handwashing sinks and shower heads specified in Table I;

(b) Provide a means to maintain a temperature of 70F during cold weather;

(c) Ensure bathing and handwashing facilities are maintained in a clean and sanitary condition;

(d) Provide one slop sink per building used for handwashing and bathing; and

(e) Provide shower rooms with:

(i) Sloped, coved floors of nonslip impervious materials;

(ii) Floor drains; and

(iii) Smooth, water impervious walls and partitions to the height of splash.

(f) Provide cleanable, nonabsorbent waste containers.

HANDWASHING SINKS One per each 6 persons^* or fraction thereof.

SHOWER HEADS One per each 10 persons^* or fraction thereof.

^*The number of persons shall be calculated by subtracting the number of occupants sheltered in dwelling units that contain individual facilities from the maximum occupancies approved for both operator-supplied and worker-supplied housing.

(3) An operator providing bathing or handwashing facilities in dwelling units shall meet the requirements in subsection (1) of this section, and request occupants to maintain bathing, handwashing, and toilet facilities in a clean and sanitary condition.

(4) With respect to temporary worker housing provided to workers within cherry camps only, shower requirements may be met by showers within a reasonable distance of the camp.