Section 1545.210  Lunch Rooms

a)         General Requirements:

1)         When a lunch room is provided by the company, it shall have adequate space and be adequately ventilated, reasonably heated, properly screened, provided with the necessary covered receptacles for the disposal of waste matter and be adequately furnished, provide a means to store and heat food in a sanitary manner, and shall be kept clean and in good care.

2)         When an employee seeks to have a lunch room provided at a stationary location or a stationary job site where one is otherwise not provided, and the employee is on duty with sufficient regularity for periods of time long enough to make a lunch room reasonably necessary, the employee shall contact his/her authorized employee representative and identify the specific location and reasons for the request.  If appropriate, the employee representative shall contact the railroad's representative and, within 5 days, the employees' representative and the railroad's representative shall jointly inspect the location.  After inspection, if the employee representative and the railroad representative do not agree on whether a lunch room should be provided, the employee representative may initiate an Informal Complaint with the Commission staff under 83 Ill. Adm. Code 200.160.  Commission staff shall conduct a joint informal investigation with the parties to determine whether a lunch room should be provided at that location.  If, following Commission staff's investigation, the matter remains unresolved a Formal Complaint under 83 Ill. Adm. Code 200.170 may be initiated.

b)         Camp Cars – Provision of Meals:

1)         When kitchen cars or other camp facilities for heated meals are furnished by the company, they shall be provided with adequate equipment for cooking and refrigeration.

2)         In lunch rooms where food is served by the company for employees, the food, equipment and facilities shall be subject to the same inspection and regulation as is required in public eating places, generally consistent with the rules and regulations of the Illinois Department of Public Health pertaining to public food establishments.

3)         Employees and workers handling and serving food in the lunch rooms described in subsection (b)(2) shall be subject generally to IDPH rules and regulations necessary to the sanitary handling of food.

4)         Concessionaire facilities provided by the company in lieu of direct company operations shall comply with this Part with respect to adequate space, adequate food handling facilities and cleanliness.

5)         In all camp cars, the food handling facilities shall be clean and sanitary.

6)         When separate kitchen and dining hall cars are provided, there shall be a closable door between the living or sleeping quarters into a kitchen or dining hall car.

c)         Camp Cars − Consumption of Food and Beverages on the Premises:

1)         This Section shall apply only where employees are permitted to consume

food or beverages.

2)         No employee shall be allowed to consume food or beverages in a toilet

room or in any area exposed to toxic material.

3)         All sewer lines and floor drains from camp cars shall be connected to public sewers where available and practicable, unless the cars are equipped with holding tanks that are emptied in a sanitary manner.

4)         An adequate number of receptacles constructed of smooth, corrosion resistant, easily cleanable or disposable materials shall be provided and used for the disposal of waste food.  Receptacles shall be provided with a solid tight fitting cover unless sanitary conditions can be maintained without the use of a cover.  The number, size and location of receptacles shall encourage their use and not result in overfilling.  They shall be emptied regularly and maintained in a clean and sanitary condition.

5)         No food or beverages shall be stored in toilet rooms or in an area exposed to a toxic material.

6)         In all places of employment where all or part of the food service is provided, the food dispensed shall be free from spoilage and shall be processed, prepared, handled and stored in such a manner as to be protected against contamination.

(Source:  Amended at 33 Ill. Reg. 13802, effective October 1, 2009)