Question

We are about to move our manufacturing functions into a new building. We are concerned that the new site has a short supply of bathrooms, but all of the other aspects are ideal for our needs. Are there laws requiring a certain number of bathrooms in a workplace?

Answer

According to the Occupational Safety and Health Administration (OSHA), the Sanitation Standard is designed to ensure that employers provide employees with sanitary and available toilet facilities, so that “employees will not suffer the adverse health effects that can result if toilets are not available when they need them.”

The OSHA sanitation regulations also require a certain number of bathrooms per number of employees. The chart below sets out the standard for fixed sites:

• Each toilet facility must be a separate compartment.
• Each must have a door and must be separated from the next by partitions. The only exception to the number of toilets per sex standard is if the toilet rooms themselves can be occupied by no more than one person and can be locked from the inside.
• Where toilet facilities will not be used by women, urinals may be provided instead of stalls, except that the number of stalls in such cases shall not be reduced to less than 2/3 of the minimum specified in the table above.

The OSHA regulations also require that toilet facilities are available at every permanent work site. OSHA allows for an exception in the case of mobile work crews. In those cases, the mobile workers must have transportation readily available to toilet facilities “nearby.” Since OSHA reviews questions such as reasonable toilet access on a case-by-case basis, determining what is “nearby” will be case-specific. A recently released OSHA publication indicates that generally, the restrooms must be within ten minutes of the worksite.

Employers, especially manufacturing employers, are allowed to put “reasonable” restrictions on access. For example, OSHA recognizes the right of employers with assembly lines to require employees to give “some sort of a signal” so that another employee can replace them at the workstation. The employer must ensure that relief workers are available.

Toilets that employees are not allowed to use for extended periods (e.g., out of order) cannot be counted as “available.” Similarly, a clear intent of the requirements of the table above that adequate numbers of toilets be provided for the size of the workforce is to assure that employees will not have to wait in long lines to use those facilities. Timely access is the goal of the standard.

Though employers may attempt to limit the number of breaks an employee takes during the day, OSHA regulations do not define the number of times an employee may use the toilet.  Employers must also comply with the federal and Massachusetts Pregnant Workers Fairness Acts, which require employers to provide additional restroom breaks as an accommodation during pregnancy. 

Hand-washing

Hand-washing facilities must also be provided. They must offer hot and cold water or tepid water. Soap and hand towels must also be available.

If your operation requires showers for employees, an employer must provide:

• One shower for every 10 employees of each sex, or numerical fraction thereof;
• Body soap or other appropriate cleansing agents convenient for the showers;
• Hot and cold water feeding a common discharge line;
• Individual clean towels.

Complaints

OSHA reviews employee complaints about toilet facilities on a case-by-case basis to determine whether restrictions are reasonable. Key issues OSHA reviews include:

• The nature of the restriction,
• The length of time that employees are required to delay bathroom use, and
• The employer’s explanation for the restriction.

Other factors that OSHA will consider include:

• Whether restrictions are general policy or arise only in particular circumstances or with particular supervisors;
• Whether the employer policy recognizes individual medical needs;
• Whether employees have reported adverse health effects; and
• The frequency with which employees are denied permission to use the toilet.

AIM members may call the HR Helpline at 800-470-6277 with any questions related to sanitation facilities or any other human-resource matter.