ARC 8255C

ARC 8255C

Proposing rulemaking related to sanitation and shelter rules for railroad employees
and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on August 21, 2024. A public hearing was held on the following date(s):

●September 10, 2024

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Division and advise of specific needs.

ITEM 1.Rescind 875—Chapter 29 and adopt the following new chapter in lieu thereof:

CHAPTER 29

SANITATION AND SHELTER RULES FOR RAILROAD EMPLOYEES

875—29.1(88) Definitions. As used herein or in connection with these rules, the following terms mean:

29.1(1) Bunk or section house. Any building or portion thereof, excepting a family dwelling, in which persons employed by railroad companies are furnished sleeping or living accommodations.

29.1(2) Caboose. Any car or coach used on a train to carry the train crew.

29.1(3) Camp car. Any group of sleeping, dining, kitchen or recreation cars, on or off rail, furnished for the use of any one gang or group of employees.

29.1(4) Company. A common carrier railroad company as an employer.

29.1(5) Employee. Any person employed by a company to which these rules apply.

29.1(6) Dressing room. A room used by employees either as a dressing room, or as a restroom, or for both purposes.

29.1(7) Number of employees. Unless otherwise specified, the maximum number of employees going on or coming off shift within any single hour.

29.1(8) Railroads. Common carrier railroads.

29.1(9) Sanitary. Free from or effective in preventing or checking agencies injurious to health, especially filth and infection.

29.1(10) Station. A location where freight or passenger traffic is ordinarily received and delivered and at which an employee is regularly assigned for duty.

29.1(11) Terminal. A location where engine and train crews in yard and train service and switchmen, switch tenders and car clerks are regularly required to report for or relieved from duty.

29.1(12) Toilets. Fixtures such as flush toilets, chemical closets, incinerator-type toilets, or privies for the purpose of defecation unless otherwise specified.

29.1(13) Usual place of employment. The place where an employee works with a reasonable measure of continuity throughout the major part of company service.

29.1(14) Yards. Yards, section headquarters, and locomotive and car shops.

29.1(15) Office work area. A yard office; station; depot; terminal; or freight, baggage and express office that is a permanent or semipermanent stationary facility located on railroad property and a usual place of employment for the performance of clerical or work concerned with or identified with the office functions of the company.

875—29.2(88) Water supply—requirements.

29.2(1) General specifications. Water supplied for domestic and drinking purposes under these regulations will meet the standards of the department of health and human services. Cross-connections between a potable and nonpotable water supply are prohibited.

29.2(2) Drinking water.

a.An adequate supply of cool, clean, sanitary water that is satisfactory for drinking purposes will be made available to all employees.

b.When necessary, this water will be provided in suitable, clean, sterilized and sanitary containers conveniently placed for the use of employees, but not in toilet rooms. Each container will be equipped with an approved type of fountain, approved faucet or other approved dispenser.

c.Either single-service containers or drinking fountains with a sanitary angle head will be used.

29.2(3) Required locations.

a.Drinking water that meets the specifications of subrules 29.2(1) and 29.2(2) will be provided on the following equipment when in use and at the following locations:

(1)All locomotives.

(2)Baggage and express cars (where employees are assigned for work en route).

(3)Cabooses.

(4)Camp cars.

(5)All terminals.

(6)All yard offices.

(7)All stations.

(8)All freight, baggage, and express offices (located on railroad property).

(9)All shops and engine houses.

(10)All bunk or section houses and section headquarters.

(11)All lunchrooms located on railroad property.

(12)All permanent watchmen shelters at public highway crossings.

(13)All maintenance-of-way camps.

(14)All office work areas.

b.Reserved.

29.2(4) Washing facilities.

a.General specifications—wash basins—lavatories.

(1)Wash basins or lavatories will be made of vitrified glazed earthenware, vitreous enameled metal, or other smooth-finished material, impervious to moisture.

(2)Twenty-four inches of trough or circular wash basin will be considered the equivalent of one wash basin. The trough or circular wash basins will not be equipped with a plug or stopper.

(3)Spring-closing, hand-operated faucets are prohibited in trough wash sinks or circular basins.

b.Wash basins—availability.

(1)An adequate number of wash basins or lavatories for maintaining personal cleanliness will be provided within reasonable access for all employees normally assigned to work at the following locations: all terminals; all yard offices; all stations; all freight, baggage and express offices (located on railroad property); all shops and engine houses; all lunchrooms located on railroad property; and at all bunk or section houses.

(2)One lavatory for every 10 employees or portion thereof, up to 100 persons; and over 100 persons, one lavatory for each additional 15 persons or portion thereof will be provided.

(3)At least one wash basin will be located in or adjacent to each toilet room.

c.Wash basins—supplies.

(1)Hot and cold running water will be supplied.

(2)Mechanical drying facilities or individual towels, either paper or cloth, will be provided.

(3)Waste receptacles will be provided for used paper towels.

(4)Soap or other suitable cleansing agent will be supplied at each wash basin.

29.2(5) Showers, locker rooms, dressing rooms and lockers.

a.Showers.

(1)Showers will be required when such facilities are necessary at specified locations to protect employees whose work involves exposure to poisonous, infectious or irritating material or to excessive dirt, heat fumes or vapors or other materials or substances injurious to health. Such shower facilities will be provided in conjunction with adequate and necessary locker or dressing room facilities.

(2)Showers will be connected to an ample supply and pressure of hot and cold water, preferably mixed.

(3)Each shower room or compartment will be constructed of material impervious to moisture.

(4)Each shower compartment will be not less than 36 inches in width and 36 inches in depth.

b.Lockers or dressing rooms.

(1)In all places of employment where, because of the nature of the work, it is necessary to change clothing, a locker room will be provided separated from toilet rooms by solid partitions and doors. Such locker rooms will have not less than 80 square feet of floor space per ten employees, or portion thereof, and for each additional employee, not less than 4 additional square feet will be added thereto. Necessary furniture, such as benches and tables, will be provided.

(2)Such locker or dressing rooms will be properly lighted, heated to a minimum of 65°F and adequately ventilated. Where practicable, cross-ventilation will be provided.

c.Lockers. In all places of employment where the nature of the employment requires a change of clothing, individual metal lockers will be provided. The dimensions of metal lockers will be not less than 12 inches wide, 18 inches deep and 72 inches high, exclusive of legs or other base. The lockers will be equipped with a shelf and with not less than one clothes hook for each side or equivalent hanger bar, and sufficient openings in the door for purposes of ventilation. Wooden lockers are prohibited.

d.Separate facilities for women.

(1)In instances where women or girls are employed in such activities, the showers, lockers and dressing rooms used by them will be separate and apart from those used by the men and boys.

(2)Such facilities will have separate entrances and exits and will be so marked.

875—29.3(88) Toilets—requirements.

29.3(1) General.

a.Where running water and sewer or septic tank connections are reasonably available, flush-type toilets and urinals will be maintained.

b.Chemical toilets or privies may be used where it is impractical to install inside toilet or urinal facilities.

c.No privy, urinal, cesspool, septic tank or other receptacle for human excrement will be constructed, maintained or used, except those maintained on moving equipment, which directly or indirectly drains or discharges over, into or upon the surface of the grounds, or into the waters of the state, either directly or indirectly, unless the contents of such urinal, cesspool, septic tank or receptacle for human excrement are subjected to some recognized sterilization treatment approved by the department of health and human services.

29.3(2) Water closets.

a.Every flush toilet will have a rim flush bowl or be so constructed as to prevent the accumulation of fecal matter on the bowl. The bowl will be constructed of smooth-finished material impervious to moisture.

b.Every such bowl will be so installed that the surroundings and floor space can be easily cleaned.

c.No pan, plunger or wash-out water closets are permitted, except that pan or double-pan types are permitted for running facilities.

d.Every flush toilet will have a separate hinged seat made of a material, other than metal, that does not absorb moisture or that will be finished with substances resistant to moisture.

29.3(3) Urinals.

a.Every urinal will be made of smooth-finished material impervious to moisture.

b.Every urinal will be located within a toilet room.

c.Twenty-four inches of trough urinal will be equivalent to an individual urinal.

d.Wherever a slab urinal is installed, the floor, for a distance of not less than 24 inches in front of the urinal, will be sloped toward the urinal drain with adequate splash guards.

e.Every urinal will be flushed from a water-supplied tank or through valve, and flush valves will be installed with an approved backflow preventer. Every such tank will furnish an adequate quantity of water for each discharge for every fixture. In place of such discharge from a tank or flush valve, water may be allowed to run continuously over slab or trough urinals.

f.Clear floor space allowed for each urinal or its equivalent will be not less than two feet in width; adequate passage will be allowed.

29.3(4) Chemical toilets. All chemical toilets installed will be of a type approved by the division of labor services. Containers will be charged with chemical solution of proper strength, and their contents will be agitated daily with proper devices provided for that purpose. When containers are more than two-thirds full, the contents will be disposed of in an approved manner, such as by burial or into a public sewer system. The stacks connecting the seats with the containers will be cleaned as often as is necessary to keep them in a clean and sanitary condition.

29.3(5) Incinerator toilets.

a.All incinerator toilets used on railroad equipment must be of a type approved by the division of labor services.

b.The installation and method of venting must be approved by the division of labor services.

c.Clear and concise instructions must be provided by the railroad company to ensure that the units are operated correctly.

29.3(6) Privies.

a.All privies will be located so as to avoid contaminating any water of the state.

b.A suitable approach, such as concrete, gravel or cinder walk, will be provided.

c.Privies will be constructed and maintained insect- and rodent-proof.

d.Every privy will be provided with a door, and such door will be self-closing.

e.The lids over the seats will be so constructed as to fall into a closed position when the seat is not occupied.

f.The pit or vault will be ventilated to the outside air by means of a stack protected at its outlet and by screens.

g.Individual seats will be provided in accordance with the ratio hereinafter set forth.

29.3(7) Toilet rooms—specifications for.

a.Separation.

(1)No toilet room will have direct communication with any room in which unwrapped food products are prepared, stored, handled or sold unless separated from said room by a self-closing door maintained in operating condition.

(2)Separate toilet facilities will be provided for each sex.

(3)There will be no direct connection between toilet rooms for men and women. Each will have a separate entrance, and each door leading thereto will have an automatic closing device maintained in operating condition.

b.Compartments. Each water closet in toilet rooms containing more than one water closet, or water closets, together with one or more urinals, will be in an individual compartment.

c.Ventilation. Every toilet room will be adequately ventilated.

d.Lighting. All toilet facilities will be well-lit during working hours.

e.Heating. Except privies, every toilet room will be kept adequately heated.

f.Screens. All windows, ventilators and other openings will be screened to prevent the entrance of insects. Toilet rooms will be kept free of insects and vermin.

29.3(8) Toilets—number required—general.

a.Adequate toilet facilities will be provided for all employees. Such facilities will be conveniently located and accessible and will be maintained in a usable and sanitary condition.

b.The following table will be used as a guide in determining the adequacy of toilet facilities.

c.Whenever urinals are provided, one urinal may be substituted for one toilet, provided the number of toilets will not be reduced to less than two-thirds of the number shown in the foregoing table.

29.3(9) Toilets—supplies.

a.Toilet paper. An adequate supply of toilet paper with holder will be supplied by the employer for each toilet.

b.Sanitary napkins. In all toilet rooms used by women, the company will permit the installation of dispensing machines for sanitary napkins.

29.3(10) Toilets—location of and type.

a.Appropriate toilets will be provided on the following facilities:

(1)All locomotives, except when used in yard service or as unmanned auxiliary units.

(2)Baggage and express cars where employees are required to work en route.

(3)Cabooses.

(4)All terminals.

(5)All yard offices.

(6)All stations or depots.

(7)All freight, baggage and express offices (located on railroad property).

(8)All engine houses and shops.

(9)All bunk or section houses and section headquarters.

(10)Lunchrooms located on railroad property.

(11)All maintenance-of-way camps.

(12)Crossing watchman locations, where practicable, and where such facilities are not otherwise readily and conveniently located.

(13)All office work areas.

875—29.4(88) Eating places and lunchrooms—requirements.

29.4(1) Eating places.

a.Whenever practicable and at all permanent and semipermanent installations, an acceptable place, maintained in clean and sanitary condition, with adequate space for eating meals will be provided for employees who bring their meals to their place of employment or eat their meals prepared at the camp facilities.

b.Eating places will be so constructed as to permit their being readily cleaned, and they will be kept clean, in good repair and free of rodents, insects and vermin.

c.Kitchen cars or other camp facilities will have adequate equipment for the sanitary preparation, cooking and refrigeration of food.

29.4(2) Lunchrooms.

a.Concessionaire facilities provided by the company in lieu of direct company operation will comply with these rules with respect to adequate space, adequate food handling facilities and cleanliness.

b.Adequate table and seating facilities will be provided for the maximum number of employees using the room at any one time.

29.4(3) Lunchrooms and eating places—additional requirements.

a.General. The minimum area of lunchrooms, or the amount of space to be added to that required for a locker room where a lunchroom is not provided, will be based upon the maximum number of employees using the room or added space at any one time, generally in accordance with the following table:

b.Ventilation. Every eating place and lunchroom will be adequately ventilated. Where practicable, cross-ventilation will be provided.

c.Lighting. All lunchrooms will be clearly lighted at all times during hours of use.

d.Heating. Every lunchroom will be kept reasonably heated at all times.

e.Screens. The windows, ventilators and doors opening to the outside of all lunchrooms will be properly screened during the season when insects are prevalent.

f.Waste disposal. One or more covered receptacles, as may be necessary, will be furnished in lunchroom and eating places for the disposal of waste food and other waste matter. Such containers will be emptied regularly and cleaned as often as is necessary. The area where the receptacles are kept will be maintained free of litter occurring from the possible overflow of such receptacles.

875—29.5(88) Sleeping accommodations—requirements.

29.5(1) Running facilities. Camp cars, other than passenger coaches, furnished for sleeping purposes, will provide at least 50 square feet of floor space for each person with a ceiling height of not less than 7 feet. Where double bunks are used, at least 30 square feet of floor space will be provided for each person so accommodated. Where passenger coaches are furnished, the division of labor services may designate the number of persons to be housed in each coach.

a.Walls, floors and ceilings will be so constructed as to permit them to be readily cleaned.

b.Exterior windows and doors will be weather stripped during the cold weather.

c.Screens will be provided during the season when insects are prevalent for outer doors and windows.

d.Heating facilities and adequate fuel will be provided with which employees may maintain a comfortable temperature as weather conditions may require.

e.Lighting by windows or acceptable artificial illumination will be provided.

f.Ventilation will be provided by windows opening directly to the outside air.

g.Beds, bunks or cots with proper mattresses will be provided. Such beds, bunks or cots will be raised at least 12 inches above the floor and be located 2 feet or more from the side of any other bed, bunk or cot located in the same room and have at least 27 inches of clear space above it.

29.5(2) Stationary facilities.

a.Dormitories or bunk rooms will be of such area as to provide at least 50 square feet of floor area for each person. Where double bunks are used, at least 30 square feet of floor space will be provided for each person so accommodated. The headroom of dormitories or bunk rooms will be at least 7 feet.

b.Specifications for walls, floors and ceilings, lockers, drinking water, toilet accommodations, washing facilities, ventilation, lighting, heat, weather stripping, screening, beds, bunks or cots as described in running facilities of this rule will apply to stationary facilities.

875—29.6(88) Cleanliness and maintenance—requirements.

29.6(1) General specifications.

a.The company will provide for the cleanliness and maintenance of the facilities, fixtures and appurtenances referred to in these regulations. Said fixtures will be maintained in proper working order when offered for use.

b.Toilet rooms and washrooms will not be used for storage.

29.6(2) Floors. Floors will be maintained in a clean and, so far as practicable, dry condition.

29.6(3) Screens. Screens required by these rules will be of 16 mesh or equal.

29.6(4) Receptacles for waste. Suitable receptacles will be provided and used for the storage of waste and refuse and will be maintained in a sanitary condition.

29.6(5) Yard servicing areas. Toilet waste will not be discharged onto the ground surface from railroad cars within servicing areas of yards. Such areas will be kept free of refuse, litter, debris, vermin and rodents.

29.6(6) Yard repair areas. Where work is performed in repair yards or on repair tracks in the open or in open sheds of pits, adequate drainage will be provided.

29.6(7) Running facilities.

a.Locomotives and yard diesels. During use, the cabs on locomotives will be heated to a minimum of 50°F at floor level.

(1)When required by the season of the year, doors and windows of all locomotives will be equipped with adequate protection to occupants from the elements by means of weather stripping or other device sufficient to provide equally adequate protection.

(2)Reserved.

b.Cabooses.

(1)Cabooses will be maintained in a clean and sanitary condition.

(2)When required by the season of the year, doors and windows of cabooses will be equipped with adequate weather stripping.

(3)Every caboose used in any train in this state, regardless of service, will be provided with a stove or other adequate means of heating. Cabooses will be heated to a minimum of 50°F at floor level.

c.Running facilities will be equipped with shatterproof glass.

29.6(8) Stationary facilities.

a.Bed linen. Where bed linen is furnished by the railroad, it will be changed and fresh clean linen supplied at least once a week or for each new occupant.

b.Crossing watchmen facilities. Adequate shelter will be furnished and maintained for crossing watchmen. Such shelter will be adequately heated, sealed and insulated against cold and inclement weather.

c.Office work areas.

(1)Office work areas will be maintained in clean condition.

(2)Office work areas will be clearly lighted at all times during hours of use.

(3)Office work areas will be heated at all times during hours of use at not less than 65°F.

(4)Office work areas will be provided with cross-ventilation when possible.

(5)Windows, ventilators and doors opening to the outside of office work areas will be properly screened during the seasons when insects are prevalent.

875—29.7(88) Conflicts resolved. In the event the rules in this chapter conflict or contain provisions inconsistent with the rules in 875—Chapter 10 or 875—Chapter 26, the applicable provisions of
875—Chapter 10 or 875—Chapter 26 prevail.

These rules are intended to implement Iowa Code section 88.5(11).