Md. Code Regs. 09.12.36.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.12.36.02 - Definitions

A. The following terms have the meanings indicated.

B. Terms Defined.

(1) "Agricultural employer" means any person, corporation, association, or other legal entity that:

(a) Owns or operates an agricultural establishment;

(b) Contracts with the owner or operator of an agricultural establishment in advance of production for the purchase of a crop and exercises substantial control over production; or

(c) Recruits and supervises employees or is responsible for the management and condition of an agricultural establishment.

(2) "Agricultural establishment" means any business operation which uses paid employees in the production of food, fiber, materials such as seed, seedlings, and plants, or other agricultural or horticultural commodities.

(3) "Employee" means an employee as defined in Labor and Employment Article, §5-101(c), Annotated Code of Maryland, and includes any person engaged in hand-labor operations in the field.

(4) Hand-Labor Operations. "Hand-labor operations":

(a) Means agricultural activities or operations performed by hand or with hand tools, including the:

(i) Harvest of vegetables, nuts, and fruit,

(ii) Weeding of crops,

(iii) Planting of seedlings, and

(iv) Except for the purposes of Regulation .03C(5)(a), other activities or operations performed in conjunction with hand-labor in the field;

(b) Does not include:

(i) Activities such as logging operations and the care or feeding of livestock, or

(ii) Hand-labor operations in permanent structures including poultry operations, canning facilities, or packing houses.

(5) "Handwashing facility" means a facility consisting of a basin, container, or outlet, and an adequate supply of potable water, soap, and single-use towels.

(6) "Potable water" means water that meets the quality standards for drinking purposes prescribed by the State or local authority having jurisdiction, or the U.S. Environmental Protection Agency's National Interim Primary Drinking Water Regulations, 40 CFR Part 141, here incorporated by reference.

(7) Toilet Facility. "Toilet facility":

(a) Means either a fixed, portable, or transportable facility designed for the purpose of defecation and urination; and

(b) May include biological or chemical toilets, combustion toilets, or sanitary privies, when allowed by the Department of Health and Mental Hygiene.

Md. Code Regs. 09.12.36.02

Regulation .02B amended effective October 15, 1988 (15:17 Md. R. 2048)