(a) Drinking water (potable water).
  (1) Every temporary place of employment shall be provided with an adequate supply of potable water for drinking. Employers shall make drinking water readily accessible to all employees during all working hours and rest periods in sufficient amounts to meet their needs. All drinking water shall be obtained from a water system complying with 31 TAC §§290.38-290.49 concerning Rules and Regulations for Public Water Systems. Drinking water may also be supplied in sealed glass or plastic containers from producers inspected by the Food and Drug Division of the Texas Department of Health according to the provisions of the Health and Safety Code, Chapter 431. All water supplies must be protected from contamination to the point of consumption.
  (2) Sanitary drinking fountains, where installed, shall be in accordance with American National Standard Specifications for Drinking Fountains and Self-Contained Mechanically-Refrigerated Drinking Water Coolers, ANSI/ARI 1010-73, published by the American National Standards Institute.
  (3) Where no supply system of drinking water meeting minimum standards is available, the requirement for providing drinking water may be met by the use of individual, disposable, or portable containers filled with water from a source in compliance with minimum standards for water hygiene, as set forth in paragraph (1) of this subsection.
  (4) All kinds of portable containers used to dispense water for drinking shall be clearly marked as to the nature of their contents, maintained in a sanitary condition, and not used for any other purpose. They must be capable of being tightly closed. All portable containers except those used for individual consumption must be equipped with a suitable tap. Containers such as barrels, pails, or tanks from which water must be poured or dipped shall be prohibited. The common drinking cup is prohibited.
  (5) Portable containers shall supply a total minimum capacity of not less than two quarts for each of the maximum number of employees present for each work day. Drinking water contained therein, during the period of dispensing to employees, shall not exceed a temperature of 80 degrees Fahrenheit.
  (6) Where drinking water is dispensed from portable containers other than individual containers it shall be dispensed either through the use of a drinking fountain or a gravity water tap. Except where drinking water is supplied exclusively by fountain, disposable single-service cups shall be supplied to all persons at a job site for drinking purposes. A container for storage of a sufficient number of cups and a receptacle for the disposal of used cups shall be provided adjacent to each water dispenser.
  (7) Where drinking water is cooled by ice, the construction of the container shall be such that the ice does not come in contact with the water unless the ice is manufactured from potable water and is protected from contamination between the point of manufacture and the point of use.
(b) Non-potable water.
  (1) Outlets for non-potable water, such as water for industrial, irrigation, or fire-fighting purposes only, shall be clearly identified by employers, who must inform all employees and all others at the job site that the water is unsafe for drinking, washing, or cooking purposes.
  (2) Under no circumstances shall non-potable water be supplied or used for any drinking water purpose.

Source Note: The provisions of this §295.165 adopted to be effective February 22, 1993, 18 TexReg 848.