CHAPTER 41. SANITATION
Subchap. Sec.
A. INDUSTRIAL SANITATION … 41.1
B. RAILROAD SANITATION … 41.111Cross References This Chapter cited in 34 Pa. Code § 13.146 (relating to sanitation); 34 Pa. Code § 13.178 (relating to health precautions); 34 Pa. Code § 13.181 (relating to physical examination); 34 Pa. Code § 35.14 (relating to urinals and water closets); 34 Pa. Code § 35.131 (relating to health protection); 34 Pa. Code § 47.87 (relating to sanitation); and 34 Pa. Code § 47.197 (relating to sanitation).
Subchapter A. INDUSTRIAL SANITATION
GENERAL PROVISIONS Sec.
41.1. Definitions.
41.2. Scope.
41.3. Applicability.
41.4. Penalty.
SANITATION OF BUILDINGS, ESTABLISHMENTS, PREMISES
41.11. Buildings occupied by tenants.
41.12. Maintenance of establishment and premises.
41.13. Floors.
41.14. Cuspidors.
41.15. Waste receptacles.
41.16. Plumbing fixtures and connections.
RETIRING ROOM AND DRESSING FACILITIES FOR WOMEN
41.21. General requirements and location.
41.22. Floor space.
41.23. Construction, heating and lighting.
41.24. Sex designation.
41.25. Dressing facilities.
41.26. Cots, couches and beds.
41.31. General requirements for toilet rooms.
41.32. Construction.
41.33. Maintenance.
WATER CLOSETS
41.41. Number to be provided.
41.42. Construction of water closets.
URINALS
41.51. Number to be provided.
41.52. Construction of urinals.
PRIVIES
41.61. Permissible installations.
41.62. Construction.
41.63. Maintenance.
CHEMICAL CLOSETS
41.71. Permissible installations.
41.72. Maintenance of chemical closets.
MISCELLANEOUS FACILITIES
41.81. Washing facilities.
41.82. Shower baths.
41.83. Dressing facilities for men.
41.84. Drinking water.
SPECIAL REQUIREMENTS FOR EXISTING INSTALLATIONS
41.91. Retiring rooms for women.
41.92. Toilet rooms.
41.93. Water closets.
41.94. Location of washing facilities.
SPECIAL REQUIREMENTS FOR NEW INSTALLATIONS
41.101. Retiring rooms for women.
41.102. Toilet rooms.
41.103. Water closets.
41.104. Urinals.
41.105. Washing facilities.
Authority The provisions of this Subchapter A issued under act of May 18, 1937 (P. L. 654, No. 174) (43 P. S. § § 25-1—25-15), unless otherwise noted.
Source The provisions of this Subchapter A adopted May 5, 1921, amended through June 15, 1970, unless otherwise noted.
GENERAL PROVISIONS
§ 41.1. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Accessible—Not more than one floor above or below the regular place of work of anyone for whose use sanitary facilities have been provided, except in buildings where a sufficient number of passenger elevators are provided and their use permitted to all employes at all times. This term shall mean in the building or on the premises where the person is employed.
Chemical closet—The type of closet in which the contents are brought into contact with chemicals.
Industrial sanitation—The sanitary facilities and installations as applied to establishments.
Privy—Sanitary facilities for defecation, located in an outhouse apart from any building.
Retiring room—A room, separate and apart from the workrooms, to be used either as a rest room or a dressing room or both.
Shower bath—Facilities for washing the body under a spray of water.
Sink—A receptacle or fixture used for general cleaning purposes or for disposing of waste water.
Toilet room—Any room with solid walls, extending from floor to ceiling, containing one or more water closets or one or more water closets and other toilet fixtures.
Trough wash sink—A vessel, greater in length than in width or depth, in which two or more persons may wash simultaneously.
Urinal—A sanitary fixture installed for the purpose of urination.
Wash basin—A basin or bowl used for the purpose of obtaining personal cleanliness.
Wash room—A room equipped with troughs, wash bowls, shower baths and other facilities for the purpose of obtaining personal cleanliness.
Water closet—Sanitary facilities for defecation, equipped with a hopper or trap and a device for flushing the bowl by water, located within a compartment.
Water closet compartment—An enclosure, in a toilet room, which surrounds an individual water closet. To constitute an enclosure it is necessary to have a swinging door with an internal latch.§ 41.2. Scope.
This subchapter sets forth rules to safeguard the lives, limbs, and health of workers in industrial sanitation, and applies to all installations unless otherwise specified as pertaining to new or existing installations.
§ 41.3. Applicability.
When other regulations of the Department covering specific industries or operations require sanitary facilities which are in excess of the requirements of this subchapter, the former shall apply.
§ 41.4. Penalty.
Anyone who violates the provisions of this subchapter and any regulations of the Department or who interferes with the Department or its duly authorized representative in the enforcement of these provisions or regulations shall be subject to summary proceedings before an alderman, magistrate or district justice, and upon conviction shall be penalized under section 15 of act of May 15, 1937 (P. L. 654, No. 174) (43 P. S. § 25-15).
SANITATION OF BUILDINGS, ESTABLISHMENTS, PREMISES
§ 41.11. Buildings occupied by tenants.
(a) The owner or lessor of any building occupied by more than one tenant shall keep the entire building well drained and the plumbing thereof in a clean and sanitary condition. The cellar, basement, yard, areaways, vacant rooms and spaces in all places used in common shall be kept in a sanitary and safe condition, and such common areas shall be properly lighted when buildings are in use.
(b) In the case of a building occupied by one tenant only, the responsibility for compliance with these rules shall rest with the owner or lessee.
§ 41.12. Maintenance of establishment and premises.
(a) Duty of employer. It shall be the duty of the employer to maintain cleanliness and the required sanitary conditions in all parts of his establishment and adjacent premises.
(b) Buildings and premises. Any establishment and the premises thereof and the yards, courts, passages, areas, or alleys connected with or belonging to the same shall be kept free from any accumulation of dirt, filth, rubbish or garbage. The roof, passages, stairs, halls, basements, cellars, privies, water closets, cesspools, drains and all other parts of the establishment and the premises thereof shall be kept in a clean, safe, and sanitary condition, at all times.
(c) Rooms. Any room in an establishment and the floors, walls, ceilings, windows and any other part and fixture therein shall be kept in a clean and sanitary condition at all times.
(d) Sweeping and waste removal. If the sweeping of floors, or the removal of waste or refuse is done during working hours, all sweepings, waste or refuse shall be removed so as to avoid the raising of dust or odors.
§ 41.13. Floors.
(a) Floors shall be kept free from defects, and if any floor is so defective that it is not possible to keep it in a clean, safe and sanitary condition, it shall be replaced with a new floor.
(b) The floor or floors of every establishment shall be kept dry, as far as possible. If wet processes are used, the floors shall be completely drained; or platforms, mats or other dry standing places shall be provided; or boots or shoes to insure that the feet are dry at all times while working shall be provided.
§ 41.14. Cuspidors.
(a) No person shall expectorate upon the walls, floors or stairs of any building.
(b) When ordered by the Department, cuspidors shall be provided. Cuspidors, if used, shall be cleaned and disinfected as often as is necessary to keep them sanitary.
§ 41.15. Waste receptacles.
(a) Fire-resistance. Fire-resistant receptacles shall be in all establishments for the purpose of receiving papers, clippings, or other similar refuse. The receptacles shall be emptied at least once a day.
(b) Liquid or decomposable waste. When receptacles are used for liquid waste or material liable to decay or have an offensive odor, they shall either be made of metal or glazed earthenware or be metal-lined and shall not leak. The recpetacles shall be kept covered and shall be cleaned and disinfected as often as is necessary to keep them sanitary.
§ 41.16. Plumbing fixtures and connections.
(a) Plumbing fixtures shall be in strict accordance with the laws of the Commonwealth and local ordinances.
(b) Connections from plumbing fixtures shall be made to municipal sewers from which sewage is discharged, in accordance with the permits issued by the Department of Environmental Protection.
(c) Connections from plumbing fixtures shall only be made to private sewers which were in use prior to April 22, 1905, and the use of which has not been prohibited by the Department of Environmental Protection, or to public sewers constructed subsequent to April 22, 1905, in accordance with permits issued by the Department of Environmental Protection.
RETIRING ROOM AND DRESSING FACILITIES FOR WOMEN
§ 41.21. General requirements and location.
(a) Any establishment employing five or more women shall provide not less than one retiring room for their exclusive use.
(b) Retiring rooms shall be in a convenient location for the workers for whose use they are intended. Such rooms shall be separate from any toilet or workroom and may be used as a dressing or coat room.
Cross References This section cited in 34 Pa. Code § 41.142 (relating to retiring rooms and dressing facilities for women).
§ 41.22. Floor space.
(a) Where five and not more than ten women are employed at one time, the floor space of the retiring room shall be not less than 60 square feet. For each additional person up to 100, not less than two square feet for each person shall be added for 100 persons and over, at least 1 1/2 square feet for each person shall be added. The required floor space shall be based on the maximum number of women for whom each retiring room is provided.
(b) When a permanent hospital room is provided and maintained in addition to a retiring room, the required floor space of the retiring room or rooms may be reduced by 30 square feet for each cot, couch or bed of the number required in the hospital room. Where lockers or racks with separate hangers or hooks for every woman employe are provided outside the retiring room, the required floor space of the retiring room or rooms may be reduced by 1/2. This reduction is not permitted in establishments where women handle food, poisonous substances, dirty or greasy materials, or otherwise engage in work which makes a change of clothing desirable. In no case, however, shall any retiring room contain less than 60 square feet of floor space.
(c) When washbasins are located in a retiring room, the required floor area, after permitted reductions are calculated, shall be increased by at least 5 square feet for each wash basin.
Cross References This section cited in 34 Pa. Code § 41.142 (relating to retiring rooms and dressing facilities for women).
§ 41.23. Construction, heating, and lighting.
(a) The walls or partitions of retiring rooms shall be of substantial material and shall be at least 7 feet in height. Retiring rooms shall be constructed and maintained so that privacy of the room is insured at all times.
(b) Retiring rooms shall be heated and maintained at a temperature of not less than 68°F and shall be lighted so that all parts of the room are easily visible. If daylight is not sufficient for this purpose, artificial illumination shall be maintained when the room is in use.
Cross References This section cited in 34 Pa. Code § 41.142 (relating to retiring rooms and dressing facilities for women).
§ 41.24. Sex designation.
The entrances of all retiring rooms for women shall be clearly marked. Men are not permitted to use or frequent a retiring room assigned to women, while women are at the places of employment.
Cross References This section cited in 34 Pa. Code § 41.142 (relating to retiring rooms and dressing facilities for women).
§ 41.25. Dressing facilities.
Suitable lockers or racks with separate hangers or hooks for every woman employe shall be provided. The facilities shall be located in a retiring room or other suitable place.
Cross References This section cited in 34 Pa. Code § 41.142 (relating to retiring rooms and dressing facilities for women).
§ 41.26. Cots, couches and beds.
(a) Where between five and 100 women are employed, one cot, couch or bed shall be provided. Where between 100 and 250 are employed, two cots, couches or beds shall be provided. Thereafter, at least one for every additional 250 women employes shall be provided.
(b) The cots, couches or beds shall be placed in a retiring room or in a hospital room. Where the cots, couches or beds are in a hospital room, they shall be screened from the rest of the room. A stretcher shall not be an acceptable substitute for a cot, couch or bed.
Cross References This section cited in 34 Pa. Code § 41.142 (relating to retiring rooms and dressing facilities for women).
TOILET ROOMS, WATER CLOSETS AND URINALS—GENERAL
§ 41.31. General requirements for toilet rooms.
(a) Each establishment where persons are employed shall have toilet rooms for the convenience of the employes.
(b) Separate toilet rooms shall be provided for each sex in any establishment where both men and women are employed. These shall be clearly designated, and no person shall be permitted to use or frequent a toilet room assigned to the opposite sex.
§ 41.32. Construction.
(a) Location. Toilet rooms shall not be located more than one floor above or below the regular place of work of the person or persons for whose use they are provided, except in those buildings where a sufficient number of passenger elevators are provided and their use permitted to employes at all times. No toilet room shall come into direct contact with any room in which food products are manufactured or in which unwrapped food products are prepared, stored, handled, or sold, unless separated by a vestibule with doors. The doors of both the toilet room and the vestibule shall be provided with effective self-closing devices.
(b) Partitions for separate facilities. Partitions separating toilet rooms provided for the opposite sexes, shall be soundproof and constructed of material which is not transparent or translucent; no opening in the partitions shall be permitted.
(c) Outside partitions. The outside partitions of all toilet rooms shall be of solid construction or of glass set in suitable frames. If glass is used, it shall be opaque or translucent but not transparent. The partitions shall either extend from floor to ceiling or such rooms shall be independently ceiled over, except in the case of roof truss construction.
(d) Walls and ceilings. The walls and ceilings of all toilet rooms shall be of a substance that may be readily cleaned.
(e) Doors. The door of every toilet room shall be fitted with an effective self-closing device.
(f) Screening of entrance. The entrance to a toilet room shall be provided with a vestibule or screen, unless such toilet rooms contain only one toilet and the door to the room may be locked on the inside.
(g) Lighting. Each toilet room where adequate natural light is not available shall be artificially lighted in accordance with the requirements of Chapter 27 (relating to lighting) issued by the Department, and the approach thereto shall be kept well lighted and free from obstruction at all times.
(h) Ventilation. Exhaust fans shall discharge to the outside air so as not to cause offense to the occupants of the building or create a nuisance in the neighborhood. Whenever any air shaft used for ventilating toilet rooms is covered by a skylight, the net area of openings in the skylight shall be at least equal to the cross sectional area of the air shaft.
§ 41.33. Maintenance.
(a) Cooperation in cleanliness. In all toilet rooms or water closet compartments and in all compartments containing urinals there shall be displayed a poster requesting employes to cooperate with the employer and with each other to maintain the conveniences in a sanitary condition. Upon written request to the Department copies of the following poster (Form LIBI-104) will be furnished without cost:
ATTENTION
These conveniences have been installed for your use, not your abuse. Use wash basins freely, but leave them empty and clean. Flush toilets thoroughly after using. Do not throw rubbish into toilets. Put it in the places provided for that purpose. Do not attempt to make any adjustment of plumbing or toilet fixtures. Careless use of these conveniences causes discomfort and endangers health. Do not allow the indifference of yourself or others to menace your health. Report any misuse or damage to these accommodations to the proper authority at once. By order of
Secretary of Labor and Industry
(b) Toilet paper. An adequate supply of toilet paper shall be provided in every water closet compartment and chemical closet, and shall be of material that does not obstruct fixtures or plumbing.
(c) Defacement. The walls or partitions of toilet rooms, dressing rooms or water closet compartments and all fixtures shall be kept free from indecent writing or marking, and defacement, when found, shall be removed by the employer at once.
(d) Caretakers. Men or boys shall not be permitted to be in charge of toilet rooms designed for the use of women, or vice versa. Cleaning or other work may be performed by either sex before or after the usual hours of employment.
(e) Covered receptacles. Covered receptacles shall be kept in toilet rooms used by women.
WATER CLOSETS
§ 41.41. Number to be provided.
(a) The number of water closets to be provided for each sex shall be based on the maximum number of persons of that sex employed at any one time on the given floor or floors or in the given building for which such closets are provided.
(b) When urinals are provided, the number of water closets may be reduced by the number of urinals, except that the number of water closets shall not be reduced to less than 2/3 of the total number required.
§ 41.42. Construction of water closets.
(a) Water supply. No water closets, except those with flush meters, volumeters or similar devices, shall be supplied with water directly from the supply pipes.
(b) Traps. Earthenware traps shall have heavy brass or cast iron floor flanges soldered to the lead bends, or caulked to iron bends, or screwed to drainage screw pipe and bolted to the trap flange. The joint shall be made permanently secure and gastight.
(c) Tanks. Special tanks or cisterns for the supply of water to water closets shall hold not less than six gallons for each closet supplied, when full to the level of the overflow pipe. Automatic or siphon tanks shall hold not less than five gallons for each closet supplied. A group of closets may be flushed from one tank, but water closets on different floors shall not be flushed from the same tank, unless flush meters, volumeters, or similar devices are used; the water in the tanks shall not be used for any other purpose.
(d) Flushing apparatus. Water closets and other fixtures shall be provided with a sufficient supply of water for flushing purposes. Flush valves or similar devices on sanitary fixtures shall be provided with individual controlling stops, and the devices shall be constructed so that they close automatically when released. Water closet flush pipes shall be not less than 1-1/4 inches in diameter.
(e) Doors and fastening. Each water closet compartment shall have a door equipped with a latch, lock or bolt. Dwarf doors may be used, but the tops shall not be less than 60 inches from the floor, nor shall the clearance between the bottom of the door and the floor exceed 12 inches.
Cross References This section cited in 34 Pa. Code § 41.123 (relating to water closets).
URINALS
§ 41.51. Number to be provided.
Where less than 30 men are employed, at least one urinal shall be furnished. For between 30 and 80, two urinals shall be provided, and for each additional 80 men or a fraction thereof, one additonal urinal shall be furnished.
§ 41.52. Construction of urinals.
(a) Slab or trough urinal. Two feet of slab or trough urinal shall be considered equivalent to one individual urinal.
(b) Floor. The floor, to a distance not less than 15 inches in front of all urinals (measured from the edge of the urinal), shall be constructed of approved materials, impervious to moisture. Wherever new wall or vertical slab urinals are installed, the floor in front of the urinals shall slope toward the urinal drain.
(c) Partitions. Urinals shall be located in toilet rooms; however, in foundries, rolling mills, blast furnaces, smelting and metal refining works, and the like, urinals need not be enclosed by partitions, if properly screened and located in rooms which women are not allowed to enter.
(d) Sewer or cesspool connections. Urinals, except of the chemical closet type, shall be connected to sewers or cesspools by waste pipes. The sewers or cesspools shall be constructed in accordance with the laws, rules, and regulations of the Department of Health and of the municipal health authorities.
(e) Flushing apparatuses. Urinals except of the chemcial closet type, shall be provided with an adequate water flush, unless water runs continuously over its walls. Flush valves or similar devices on sanitary fixtures shall be provided with individual controlling stops, and the devices shall be constructed so that they automatically close when released. Urinal flush pipes shall be not less than 1/2 inch in diameter. The minimum quantity of water discharged by any device during operation shall be as follows:
Urinals Gallons Pedestal 3 Siphon jet 2 Individual stall 2 Flush rim (per foot of length) 1
Cross References This section cited in 34 Pa. Code § 41.124 (relating to urinals); and 34 Pa. Code § 41.193 (relating to urinals).
PRIVIES
§ 41.61. Permissible installations.
(a) Location in general. Privies shall only be permitted on premises where there is neither a lawful sewer accessible to the premises nor is such obtainable by construction at reasonable public or private expense. Further, only privies shall be permitted where it is deemed practicable to construct and maintain the privy without any danger of contaminating a source of drinking water.
(b) Proximity to drinking water. In cases where a privy is located on pervious soil and where there is a possibility that the percolation from the privy might endanger a source of drinking water, the privy shall be provided either with cans or with a tight concrete vault to receive the excreta. In cases where a privy is located on impervious soil or on pervious soil where there is no danger of contamination of any source of drinking water, a pit may be used to receive the excreta, if the pit is sufficiently lined to prevent caving-in of the sides.
Cross References This section cited in 34 Pa. Code § 41.125 (relating to privies).
§ 41.62. Construction.
(a) All privies shall be constructed and maintained so that there are no cracks or open spaces in the portion of the superstructure between the seat and floor or between the floor and the pit, vault, or space where the cans are kept. Each privy shall be provided with a self-closing door. The lids over the seats shall be constructed so as to close when the seat is not occupied. The pit, vault, or space where the cans are kept, shall be ventilated by means of a stack protected at its outlet end by fly-tight screens.
(b) Privies shall be separate for two sexes and shall be clearly designated.
(c) Privies shall be ventilated by an unobstructed opening to the outer air, other than the door, which has an area of at least 144 square inches. Every window and ventilating opening of a privy shall be protected by screens to prevent the entrance of flies.
Cross References This section cited in 34 Pa. Code § 41.125 (relating to privies).
§ 41.63. Maintenance.
(a) Privies shall be maintained in a sanitary condition. A proper receptacle, containing dry, clean earth or pulverized lime, shall be kept in the privy and a scoop provided, so that the earth or lime may be sprinkled upon the excreta in the pit. Toilet paper shall be provided. The pit, vault or cans shall be emptied and cleansed at frequent intervals to prevent any danger of overflowing.
(b) The night soil removed from privies shall be disposed of in accordance with rules and regulations of the Department of Environmental Protection.
Cross References This section cited in 34 Pa. Code § 41.125 (relating to privies).
CHEMICAL CLOSETS
§ 41.71. Permissible installations.
Chemical closets may be installed on premises where sewer facilities are not accessible and, in turn, water closet fixtures cannot be installed.
§ 41.72. Maintenance of chemical closets.
(a) The containers shall be charged with a chemical solution of proper strength.
(b) At least once a day the contents of the container shall be thoroughly agitated with devices provided for that purpose.
(c) When the container is more than 2/3 full, the contents shall be removed and disposed of as night soil, in strict accordance with the law and the regulations of the Department of Environmental Protection.
(d) The stacks connecting the seat with the container shall be thoroughly cleansed at least every 2 weeks, or more frequently if necessary, to maintain them in a sanitary condition.
Cross References This section cited in 34 Pa. Code § 41.126 (relating to chemical closets).
MISCELLANEOUS FACILITIES
§ 41.81. Washing facilities.
(a) Required amount. Washing facilities shall be provided according to the following table:
Number of Persons Wash Basins 1—15 1 16—30 2 31—50 3 (b) Additional number. For each additional 25 employes, or a fractional part thereof, at least one additional washbasin shall be provided.
(c) Equivalent facility. A trough wash sink on circular wash fountain shall be considered the equivalent of one washbasin, if the length or circumference is at least 20 inches. The trough wash sink or circular wash fountain shall not be equipped with a plug or stopper. Each washbasin and each 20 inches of trough wash sink shall be equipped with either a faucet or spray pipe to supply water of the desired temperature.
(d) Faucets. Spring-closing hand-operated faucets are prohibited in trough wash sinks. Hot water shall be supplied to all washing facilities.
(e) Poisonous substances. Where poisonous or other injurious materials are handled and, in the judgment of the Department, the washing facilities as specified are inadequate to protect the health of the employes, additional facilities may be required.
(f) Lighting. Rooms or places in which basins or sinks are located, shall be illuminated so that all parts are readily visible at all times during working hours. If daylight is not sufficient for this purpose, artificial illumination shall be provided and maintained.
(g) Towels. Individual towels, either paper or cloth, shall be provided by the employer. Waste receptacles shall be provided for used paper towels. The use of a common towel is prohibited. Mechanical hot air dryers shall be permitted, in lieu of towels.
Cross References This section cited in 34 Pa. Code § 41.131 (relating to washing facilities).
§ 41.82. Shower baths.
(a)Number required. In all industries (except those industries in which Department regulations already provide for a larger installation), if the worker is exposed to heat, humidity, or dust, there shall be provided for every 50 workers, or fractional part thereof, one shower bath with an ample supply of hot and cold water. For every additional 50 workers, or fractional part thereof, at least one additional shower bath shall be provided.
(b) Poisonous substances. If poisonous or other injurious materials are handled and, in the judgment of the Department, the shower facilities as specified are inadequate to protect the health of the employes, additional facilities may be required.
Cross References This section cited in 34 Pa. Code § 41.132 (relating to shower baths).
§ 41.83. Dressing facilities for men.
A place for men to change clothes shall be provided, when in the judgment of the Department such is necessary. When workers are engaged in handling poisonous materials or are exposed to injurious dust, fumes, heat, humidity or fatigue, lockers shall be provided in a suitable room separate from the place of work. Clothes hangers shall be supplied and fastened high enough from the floor to prevent clothes from dragging. A pipe rail or equivalent shall be accepted.
Cross References This section cited in 34 Pa. Code § 41.141 (relating to dressing facilities for men).
§ 41.84. Drinking water.
(a) Cool, pure, and wholesome water of a quality approved by the Department of Health shall be supplied at all times in places accessible to employes.
(b) The common drinking cup for public use is prohibited; either individual drinking vessels or bubbling fountains shall be used. Bubbling fountains, if used, shall be maintained in a sanitary condition.
(c) If individual paper drinking cups are used, a suitable container shall be provided for the discarded cups.
Cross References This section cited in 34 Pa. Code § 41.151 (relating to general requirements).
SPECIAL REQUIREMENTS FOR EXISTING INSTALLATIONS
§ 41.91. Retiring rooms for women.
Retiring rooms shall be ventilated by a window or skylight opening directly to the outside air, except that, where no window or skylight opening is available, the room shall have artificial ventilation or be constructed so that the walls allow at least two feet of space between the ceiling of the retiring room and the top of the walls on at least two sides. The window or skylight shall be constructed so that it may easily be opened, and means shall be provided to keep it open, when so desired by the occupants. If artificial ventilation is used, it shall equal not less than six changes of air per hour when such rooms are in use.
Cross References This section cited in 34 Pa. Code § 41.204 (relating to retiring rooms for women).
§ 41.92. Toilet rooms.
(a) Partitions. If adjoining toilet rooms for men and women are provided, they shall be separated by partitions extending from floor to ceiling. In shops with high ceilings, the toilet rooms shall be ceiled over at a height of at least nine feet from the floor.
(b) Ventilation. Existing toilet rooms and washrooms not provided with windows that open to the outside air shall be adequately ventilated by artificial means.
Cross References This section cited in 34 Pa. Code § 41.191 (relating to toilet rooms).
§ 41.93. Water closets.
(a) Water closets shall be provided for each sex in the ratio of at least one for every 25 employes or fractional part thereof.
(b) Any closet not in working order shall be replaced by a new installation.
§ 41.94. Location of washing facilities.
At least one washbasin, or its equivalent, shall be placed either in each toilet room or, where there is not sufficient space to install washing facilities in the toilet room, in an adjoining room which is for the exclusive use of workers of the same sex.
SPECIAL REQUIREMENTS FOR NEW INSTALLATIONS
§ 41.101. Retiring rooms for women.
(a) If more than one retiring room is provided, at least 1/2 of the retiring rooms shall be provided with a window or skylight opening directly to the outside air. If only one retiring room is provided, it shall have a window or skylight opening. In retiring rooms without windows or skylights opening directly to the outside air, § 41.91 (relating to retiring rooms for women) shall apply.
(b) In each existing building, new installations shall, if possible, conform to the requirements of subsection (a) of this section. If this is impossible, new installations in existing buildings may conform to § 41.91.
Cross References This section cited in 34 Pa. Code § 41.195 (relating to retiring rooms for women).
§ 41.102. Toilet rooms.
(a) In toilet rooms, the floor and the baseboard to a height of at least six inches shall be watertight (except for the regular floor drain) and of even surface.
(b) Entrances to toilet rooms for opposite sexes shall be remote from each other.
(c) All partitions separating a toilet room provided for men from a toilet room provided for women shall extend from the floor to the ceiling, and there shall be no direct communication between the toilet rooms either by door or other opening.
(d) Toilet rooms and washrooms shall have a window opening directly to the outside air or shall be provided with artificial ventilation. A skylight shall be deemed the equivalent of a window, if it has fixed or movable louvres.
Cross References This section cited in 34 Pa. Code § 41.191 (relating to toilet rooms).
§ 41.103. Water closets.
(a) Number to be provided. Water closets shall be provided for each sex according to the following table:
Number of Persons Number of Closets 1—15 1 16—30 2 31—50 3 (b) Additional number. For each 25 employes, at least one additional water closet shall be provided.
(c) Location. Any water closet installed after May 5, 1921, shall be located in a compartment in a toilet room.
(d) Prohibited types. The installation of pan, plunger, washout, faucet and long-hopper water closets shall be prohibited. This prohibition shall not apply to approved forms of frostproof or floor-type closets.
(e) Seats. Water closets, except those of integral type, shall have an open front seat made of substantial material. If absorbent material is used, the seat shall be finished with varnish or other substance to make it impervious to moisture.
(f) Flushing-rim bowls. Water closets shall have flushing-rim bowls.
(g) Construction. Each trough water closet shall be of smooth material, impervious to moisture. The installation of cast iron, galvanized iron, sheet metal or steel trough water closets shall be prohibited, unless approved by the Department.
Cross References This section cited in 34 Pa. Code § 41.192 (relating to water closets).
§ 41.104. Urinals.
(a) Each urinal shall be of smooth material, impervious to moisture. The installation of cast iron, galvanized iron, sheet metal or steel urinals, is prohibited unless approved by the Department.
(b) For every urinal fixture or its equivalent, not less than 90 cubic feet of air space shall be provided.
§ 41.105. Washing facilities.
At least 1/2 of the washbasin or equivalent facilities, but in no case less than one, shall be placed in each toilet room or adjoining room which is for the exclusive use of workers of the same sex.
Cross References This section cited in 34 Pa. Code § 41.193 (relating to urinals).
Subchapter B. RAILROAD SANITATION
GENERAL PROVISIONS Sec.
41.111. Definitions.
41.112. Scope.
41.113. Penalty.
41.114. General requirements.
TOILET FACILITIES
41.121. General requirements.
41.122. Toilet rooms, water closets and urinals.
41.123. Water closets.
41.124. Urinals.
41.125. Privies.
41.126. Chemical closets.
WASHING AND SHOWER FACILITIES
41.131. Washing facilities.
41.132. Shower baths.
RETIRING ROOMS AND DRESSING FACILITIES
41.141. Dressing facilities for men.
41.142. Retiring rooms and dressing facilities for women.
DRINKING WATER
41.151. General requirements.
BUNK HOUSES
41.161. Water supply.
41.162. Ventilation.
41.163. Construction requirements.
41.164. Maintenance.
CABIN CARS
41.171. General construction requirements.
41.172. Wash bowls.
41.173. Electric markers.
41.174. Interior lighting.
41.175. Shatterproof glass.
41.176. Water facilities.
CAMP CARS AND TRAILERS
41.181. Water supply and accessories.
41.182. Ventilation.
41.183. Additional requirements.
SPECIAL REQUIREMENTS FOR NEW INSTALLATIONS
41.191. Toilet rooms.
41.192. Water closets.
41.193. Urinals.
41.194. Washing facilities.
41.195. Retiring rooms for women.
41.196. Dressing facilities for men.
41.197. Bunk houses.
SPECIAL REQUIREMENTS FOR EXISTING INSTALLATIONS
41.201. Toilet facilities.
41.202. Water closets.
41.203. Washing facilities.
41.204. Retiring rooms for women.
41.205. Bunk houses.
Source The provisions of this Subchapter B adopted January 3, 1956; amended through July 1, 1968, unless otherwise noted.
GENERAL PROVISIONS
§ 41.111. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Bunkhouse—Any building or portion thereof in which persons employed by railroads are furnished sleeping accommodations, such shall include rooming houses, dormitories, barracks and any other kind of building used to furnish sleeping quarters.
Cabin car—A caboose provided for the use of railroad employes.
Camp car or trailer—Any movable car used for housing railroad employes. The terms, when used collectively, shall mean a group of sleeping, dining, kitchen or recreation cars furnished for the use of any one gang or group of employes. Camp cars or trailers shall be of safe construction and suitable for the purpose for which used.
Chemical closet—A closet in which the contents are brought into contact with chemicals.
Existing equipment—Any equipment built and in service on or after September 25, 1961.
Existing installations—Any installation in use on July 8, 1954, and remaining in a usable condition without the necessity of major alterations or repairs.
New equipment—Any equipment put into service subsequent to September 25, 1961.
New installations—Any installation installed subsequent to July 8, 1954, or any installation not in use or usable condition on July 8, 1954, and any installation requiring major alteration and repair after July 8, 1954.
Privy—Sanitary facilities for defecation, located in an outhouse and apart from any building.
Retiring room—A room, separate and apart from the workrooms, to be used either as a restroom or as a dressing room or for both of these purposes.
Shower bath—The facilities for washing the body under a spray of water.
Sink—A receptacle or fixture used for general cleaning purposes or for disposing of waste water.
Toilet room—Any room with solid walls extending from floor to ceiling and containing one or more water closets or chemical closets facilities.
Trough wash sink—A vessel, greater in length than in width or depth, in which two or more persons may wash simultaneously.
Urinal—A sanitary fixture installed for the purpose of urination.
Washbasin—A basin or bowl used for the purpose of obtaining personal cleanliness.
Washroom—A room equipped with troughs, wash bowls, shower baths and other facilities for the purpose of obtaining personal cleanliness.
Water closet—Sanitary facilities for defecation, equipped with a hopper or trap and a device for flushing the bowl by water.
Water closet compartment—An enclosure in a toilet room which surrounds an individual water closet. To constitute an enclosure there shall be a swinging door with an internal latch.§ 41.112. Scope.
(a) This subchapter sets forth rules to safeguard the health and safety of railroad employes, and pertains to all installations unless otherwise specified as pertaining to new or existing installations.
(b) The rules in this subchapter shall apply to railroad installations unless other sanitation regulations of the Department governing specific installations or operations are in effect.
§ 41.113. Penalty.
Anyone who violates this subchapter or any regulations of the Department or who interferes with the Department or its duly authorized representative in the enforcement of such provisions or regulations shall be subject to summary proceedings before an alderman, magistrate or district justice, and upon conviction shall be penalized under section 15 of act of May 18, 1937 (P. L. 654, No. 174) (43 P. S. § 25-15).
§ 41.114. General requirements.
(a) All new buildings erected under this Subchapter shall be of construction in accordance with the Fire and Panic Act (35 P. S. § § 1221—1235).
(b) All buildings, their yards, courts, areas, alleys, and passageways shall be kept free from any accumulation of dirt, filth, rubbish or garbage.
(c) All privies, chemical closets, water closets, urinals, washing facilities, toilet rooms, retiring rooms, shower rooms, dressing rooms, drains, cesspools and plumbing shall be kept in a clean, safe, and sanitary condition.
(d) Plumbing fixtures shall be in strict accordance with the laws of the Commonwealth and local ordinances.
(e) It shall be the duty of the employer to maintain cleanliness and the required sanitary facilities.
(f) Safe ingress and egress shall be provided to all facilities. Sanitary facilities shall not be located near any dump, unsanitary or vermin-infested dump or vault.
TOILET FACILITIES
§ 41.121. General requirements.
(a) Adequate water closets, chemical closets or privies shall be provided for each sex.
(b) Chemical closets and privies shall only be permitted where there is no lawful sewer accessible or such is not obtainable by construction at reasonable public or private expense. No privy shall be permitted, if it is impossible to construct and maintain the same without danger of contaminating any source of drinking water.
(c) Toilet facilities shall be readily accessible to employes they are intended to serve.
(d) Any adequate supply of toilet paper shall be provided for every toilet facility, and shall be of a material that does not obstruct fixtures or plumbing.
(e) Covered receptacles shall be kept in all toilet rooms used by females.
(f) Toilet facilities shall be provided for each sex in accordance with the following table. The number required for each sex in every case shall be based on the maximum number of persons of the sex for which such facilities are provided. For each additional 25 employes at least one additional facility shall be provided:
Number of Persons Number of Facilities 1—15 1 16—30 2 31—50 3 (g) Whenever urinals are provided, one facility less than the number specified in subsection (f) may be provided for males, except that the number of facilities in such cases may not be reduced to less than 2/3 of the specified number.
§ 41.122. Toilet rooms, water closets, and urinals.
(a) Construction. The following specifications shall be met:
(1) Any toilet room without adequate natural light shall be artificially lighted in accordance with Chapter 27 (relating to lighting) issued by the Department, and the approach thereto shall be kept well lighted and free from obstruction at all times.
(2) No toilet room shall have direct contact with any room in which food products are manufactured or in which unwrapped food products are prepared, stored, handled or sold, unless separated from such room by a vestibule with doors. The doors of both the toilet room and the vestibule shall be provided with effective self-closing devices.
(3) The outside partitions of all toilet rooms shall be of solid construction or of glass set in suitable frames. If glass is used, it shall be opaque or translucent but not transparent. Partitions shall extend from floor to ceiling or the rooms shall be independently ceiled over (except roof truss construction).
(4) If subject to public view, the entrance to a toilet room shall be provided with a vestibule or screen with the exception that, where such toilet rooms contain only one toilet and the door to the room may be locked on the inside, a screen shall not be required.
(5) The door of every toilet room for the use of more than one person shall be fitted with an effective self-closing device.
(6) Water closet compartments shall have a door equipped with a latch, lock, or bolt. Dwarf doors may be used but the tops shall neither be less than 60 inches from the floor, nor shall the clearance between the bottom of the door and the floor exceed 12 inches.
(7) Natural or artificial means shall be provided to insure a comfortable and healthful atmosphere.
(8) The walls and ceilings of all toilet rooms shall be of a substance that may be readily cleaned.
(9) Separate toilet rooms shall be provided for each sex if both men and women are employed. These shall be clearly designated and no person shall be permitted to use or frequent a toilet room assigned to the opposite sex.
(10) Partitions separating toilet rooms provided for the opposite sexes shall be soundproof and constructed of material which is not transparent or translucent, and no opening in such partitions shall be permitted.
(b) Maintenance. In all toilet rooms or water closet compartments and in all compartments containing urinals there shall be displayed a poster requesting employes to cooperate with the employer and with each other to maintain the conveniences in a sanitary condition. Upon written request to the Department, copies of the required poster, an example of which appears in § 41.33 (relating to water closet maintenance), will be furnished without cost. The walls or partitions of toilet rooms, dressing rooms, or water closet compartments and all fixtures shall be kept free from indecent writing or marking; such defacement shall be removed by the employer.
§ 41.123. Water closets.
Section 41.42 (relating to construction of water closets) applies to all water closets used in railroad sanitation.
§ 41.124. Urinals.
(a) Urinals shall be located in toilet rooms. Additional urinals, which are properly screened, may be provided on shop floors.
(b) Section 41.52 (relating to construction of urinals) applies to water closets used in railroad sanitation.
§ 41.125. Privies.
Sections 41.61—41.63 (relating to privies) apply to privies used in railroad sanitation.
§ 41.126. Chemical closets.
(a) Chemical closets shall be of an approved type.
(b) Section 41.71 (relating to maintenance of chemical closets) applies to chemical closets used in railroad sanitation.
WASHING AND SHOWER FACILITIES
§ 41.131. Washing facilities.
(a) Adequate facilities for maintaining personal cleanliness shall be provided for all employes. The facilities shall be convenient for employes for whom they are provided and shall be maintained in a sanitary condition.
(b) Section 41.81 (a)—(e) (relating to washing facilities) applies to washing facilities used in railroad sanitation.
§ 41.132. Shower baths.
Section 41.82 (relating to shower baths) applies to shower baths used in railroad sanitation.
RETIRING ROOMS AND DRESSING FACILITIES
§ 41.141. Dressing facilities for men.
Section 41.83 (relating to dressing facilities for men) applies to dressing facilities for men used in railroad sanitation.
§ 41.142. Retiring rooms and dressing facilities for women.
Sections 41.21—41.26 (relating to retiring room and dressing facilities for women) apply to dressing facilities used for women used in railroad sanitation.
DRINKING WATER
§ 41.151. General requirements.
Section 41.84 (relating to drinking water) applies to drinking facilities used in railroad sanitation.
BUNK HOUSES
§ 41.161. Water supply.
(a) All bunk houses shall be provided with an adequate quantity of pure and wholesome water for the use of the occupants.
(b) If the water is obtained from a public waterworks system approved by the required Commonwealth authorities, it shall be distributed by means of pipes as required.
(c) If such water is obtained from a private source, such as a well, spring or cistern, the source shall not be polluted or contaminated nor so situated, constructed or maintained that it may become polluted or contaminated.
Cross References This section cited in 34 Pa. Code § 41.181 (relating to water supply and accessories).
§ 41.162. Ventilation.
(a) All bathrooms, toilet rooms and water closets compartments in bunk houses, shall be provided with ample ventilation and light either by means of windows opening directly to the outside air or by equivalent artificial means maintained in constant and satisfactory service.
(b) Rooms for living or sleeping purposes in bunk houses shall have ample ventilation and natural light and shall be provided with windows having sash so constructed and maintained that they may be easily opened.
Cross References This section cited in 34 Pa. Code § 41.182 (relating to ventilation).
§ 41.163. Construction requirements.
(a) Bunk houses shall be provided with toilet rooms, showers and washbasins.
(b) No room shall be occupied for sleeping purposes in any bunk house which does not provide the following minimum requirements per occupant:
(1) Rooms with window area in one wall. A window area of 12 square feet, a floor area of 70 square feet and a ceiling height, the minimum of which shall be 8 feet in the clear.
(2) Rooms with window area in two walls at right angles to each other. A window area of 10 square feet, a floor area of 60 square feet, and a ceiling height the minimum of which shall be 8 feet in the clear.
(3) Rooms with window area in two walls opposite each other. A window area of 8 square feet, a floor area of 50 square feet, and a ceiling height, the minimum of which shall be 8 feet in the clear.
(4) Rooms with window area in three or more walls. A window area of 6 square feet, a floor area of 40 square feet, and a ceiling height, the minimum of which shall be 8 feet in the clear.
§ 41.164. Maintenance.
(a) Linens shall be changed weekly or for each new occupant.
(b) During the season when flies are prevalent, all openings into outer air shall be screened and doors shall be self-closing.
(c) The employer shall keep the entire building in repair, including the plumbing, lighting, heating, and ventilating system. The employer shall also keep the entire building in a clean condition, free from any accumulation of dirt, garbage or other refuse matter.
Cross References This section cited in 34 Pa. Code § 41.182 (relating to ventilation).
CABIN CARS
§ 41.171. General construction requirements.
(a) Except as otherwise provided in subsection (b), cabin cars shall be equipped with a suitable container for individual paper cups, a permanent washbasin, water or chemical closet compartment, refrigerator, stove and table.
(b) Short line railroads principally engaged in switching operations are not required to be equipped with water closets and chemical closets.
§ 41.172. Wash bowls.
(a) Except as otherwise provided in subsection (b), there shall be compliance with the following requirements:
(1) New cabin cars, put into service after September 25, 1961, shall be equipped with smooth stainless steel or other noncorrosive washbowls to insure clean and sanitary washing facilities.
(2) All existing cabin cars, built and put into service on or after September 25, 1961, shall be equipped with smooth stainless steel or other noncorrosive washbowls to insure clean and sanitary washing facilities.
(b) Cabin cars operated within a radius of 15 miles from the point of dispatchment, where washing facilities are available, are exempt.
§ 41.173. Electric markers.
(a) Except as otherwise provided in subsection (b), all new and existing cabin cars shall be equipped, on the rear, with electric markers (either flashing type or constant burning) with sufficient candlepower to be visible at a distance of 3,000 feet under ordinary atmospheric conditions.
(b) Cabin cars used exclusively in daytime operation shall not be required to be equipped with electric markers.
§ 41.174. Interior lighting.
(a) Except as otherwise provided in subsection (b), there shall be compliace with the following requirements:
(1) The interior of new cabin cars shall be equipped with not less than two electric lights with a minimum of 4-foot candlepower (one located over the desk and one centralized).
(2) The interior of existing cabin cars shall be equipped with one electric light with a minimum of 4-foot candlepower located over the desk. Thereafter, each railroad subject to this subchapter shall equip a minimum of 20% of its cabin care which are subject to this subchapter each year, so that there may be full compliance before July 1, 1974.
(b) Cabin cars operated exclusively in the daytime; those operated within yard limits and within terminal limits, either in the day or night; and those operated within a radius of 15 miles from point of dispatchment, regardless of whether the operation is wholly within this Commonwealth, are exempt.
§ 41.175. Shatterproof glass.
All new and existing cabin cars shall be equipped with shatterproof glass, which shall be properly maintained.
§ 41.176. Water facilities.
(a) General requirements. An adequate quantity of pure wholesome water drawn from a spigot shall be available for the use of the occupants of cabin cars.
(b) Condition of private sources. If water is obtained from a private source, such as a well, spring or cistern, the source shall not be polluted or contaminated nor be situated, constructed, or maintained in any manner that may render such water supply injurious to health.
(c) Maintenance and accessories. All cabin cars in use shall be supplied with an adequate supply of toilet paper, paper towels and paper cups. The use of the common drinking cup and the common towel is prohibited.
(d) Water tanks. Except as otherwise provided in subsection (b), all new and existing cabin cars shall be equipped with a stainless steel water tank. Wooden cabin cars constructed so as to prevent compliance with the stainless steel water tank requirement and any cabin cars operated either in yard service or within a radius of 15 miles from point of dispatchment where drinking facilities are available shall be equipped with either stainless steel water containers or interchangeable water containers with nonfragile, noncorrosive interiors and be equipped with spigot.
CAMP CARS AND TRAILERS
§ 41.181. Water supply and accessories.
(a) The use of the common drinking cup and the common towel is prohibited. All camp cars or trailers shall be equipped with a suitable drinking water container, a suitable container for individual paper cups, washbasins and showers with hot and cold running water, and an adequate supply of toilet paper, paper towels, and paper cups.
(b) Section 41.161 (relating to water supply) applies to camp cars and trailers, including camp cars and trailers used for sleeping purposes.
§ 41.182. Ventilation.
Sections 41.162 and 41.164(b) (relating to ventilation; maintenance) apply to ventilation of camp cars and trailers, including camp cars and trailers used for sleeping purposes.
§ 41.183. Additional requirements.
No room shall be occupied for sleeping purposes in any camp car or trailer which does not provide the following additional requirements per occupant:
(1) For each occupant of a camp car or trailer, 250 cubic feet of air space shall be provided.
(2) Linens shall either be changed weekly or for each new occupant.
(3) The employer shall keep the camp car or trailer in repair, including the plumbing, lighting, heating and ventilating system, and also shall keep the camp car or trailer in a clean condition, free from any accumulation of dirt, garbage or other refuse matter.
(4) When employes are furnished meals in camp cars or trailers, adequate sanitary facilities and dining space shall be provided.
(5) When kitchen cars are furnished, the cars shall be well equipped with adequate refrigeration equipment, for preserving food and adequate kitchen equipment for cooking, preparing and serving food. Kitchen cars shall be maintained in a clean and sanitary condition.
(6) Camp cars or trailers shall contain adequate individual locker space in which the men may keep their clothing and personal belongings.
(7) Camp cars or trailers shall contain a space adaptable for use as a recreation room or sitting room and adequate in size for the number of men in the gang.
SPECIAL REQUIREMENTS FOR NEW INSTALLATIONS
§ 41.191. Toilet rooms.
Sections 41.92(a) and 41.102 (relating to partitions; toilet rooms) apply to toilet rooms used in railroad sanitation.
§ 41.192. Water closets.
Section 41.103(b)—(f) (relating to water closets) applies to water closets used in railroad sanitation.
§ 41.193. Urinals.
Sections 41.52 and 41.104 (relating to number to be provided; urinals) apply to urinals used in railroad sanitation.
§ 41.194. Washing facilities.
When toilet rooms are provided, at least 1/2 of the wash basins or equivalent facilities, but in no case less than one shall be placed in each toilet room or adjoining room which is for the exclusive use of workers of the same sex.
§ 41.195. Retiring rooms for women.
Section 41.101 (relating to retiring rooms for women) applies to retiring rooms for women used in railroad sanitation.
§ 41.196. Dressing facilities for men.
Lockers shall be provided for employes required to work in rain, hail, sleet or snow.
§ 41.197. Bunk houses.
In bunk houses the required ventilation and light shall be obtained by windows opening directly to the outside air.
SPECIAL REQUIREMENTS FOR EXISTING INSTALLATIONS
§ 41.201. Toilet facilities.
(a) Toilet facilities shall be provided for each sex in the ratio of at least one for every 25 employes or fractional part thereof.
(b) When toilet rooms for men and women adjoin, they shall be separated by partitions extending from floor to ceiling. In buildings with high ceilings the toirooms shall be ceiled over at a height of at least 8 feet from the floor.
§ 41.202. Water closets.
Any closet not in working order shall be replaced by new installation.
§ 41.203. Washing facilities.
At least one washbasin, or its equivalent, shall be placed in each toilet room or, where there is not sufficient space to install washing facilities in the toilet rooms, in an adjoining room, for the exclusive use of workers of the same sex.
§ 41.204. Retiring rooms for women.
Section 41.91 (relating to retiring rooms for women) applies to retiring rooms for women used in railroad sanitation.
§ 41.205. Bunk houses.
In bunk houses the required ventilation and light shall be attained by windows opening directly to or communicating with outside air.
Cross References This section cited in 34 Pa. Code § 41.125 (relating to privies).
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