Workplace Bathroom Break Laws: Know Your Rights And Limits

While there is no federal law that specifies the number or length of bathroom breaks an employer must provide, the Occupational Safety and Health Administration (OSHA) has outlined regulations to ensure employees have reasonable access to restrooms. These regulations are in place to protect workers from health complications that can occur when a bathroom is not readily available, such as bladder problems, bowel issues, and urinary tract infections.

OSHA requires employers to provide sanitary toilet facilities that are accessible to employees when they need to use them. Employers are also expected to create their own written policies that comply with OSHA's standards. While employers are allowed to restrict bathroom breaks within reason, they must refrain from putting unreasonable curbs on toilet use.

The Occupational Safety and Health Administration (OSHA)

OSHA's sanitation standard is intended to ensure that employers provide employees with sanitary and available toilet facilities, so that employees do not suffer adverse health effects if toilets are not available when needed. OSHA requires employers to allow employees prompt access to bathroom facilities. Restrictions on access must be reasonable and may not cause extended delays.

Toilet facilities must be available at every worksite, with the exception of mobile worksites. Employees in mobile work crews must have transportation readily available to a nearby toilet facility (within 10 minutes). Agricultural workers must have toilet and hand-washing facilities within a quarter-mile of the worksite.

Employers must also provide gender-segregated facilities for workforces over 15 employees that contain men and women. Bathrooms must be designated for male or female use unless they can be occupied by one person and locked from the inside. For companies with 15 or fewer employees, a single unisex bathroom with a locking door is required. The number of required toilets increases with the number of employees.

OSHA also has standards for restroom design and maintenance. Each toilet must be in a separate compartment with a door and partitions that are high enough to assure privacy. Urinals are allowed but do not count toward the minimum number of toilets. Male-only facilities can increase the number of urinals as long as the number of toilets does not fall below two-thirds of the minimum.

Hand-washing facilities must be provided and maintained in a sanitary condition. All restrooms must have running water, soap, and hand towels or air dryers. Food and beverages are not allowed in toilet rooms.

OSHA advises employees to first address any concerns about violations of restroom regulations with their employer before submitting an anonymous Safety and Health Complaint. It is illegal for an employer to retaliate against an employee for reporting an OSHA complaint or health and safety concern. Retaliation can include termination, layoff, reduced hours, or salary reduction. Employees have 30 days to file a whistleblower complaint if their employer takes such actions.

Workplace restroom policies and transgender workers

The topic of restroom access for transgender employees is a complex one, and it's important that employers handle it sensitively and in compliance with the law. While there is no federal law that dictates the number or length of bathroom breaks, employers are required to provide access to restrooms for their employees. This includes providing access to restrooms that correspond with an employee's gender identity.

Legal Requirements

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) requires employers to make toilet facilities available for employees to use when needed, without imposing unreasonable restrictions. This is to protect workers from health complications that can occur when a bathroom is not readily available, such as bladder problems, bowel issues, and urinary tract infections.

OSHA's sanitation standards outline the following requirements:

• Employers must permit workers to leave their work area to use the restroom as needed.
• There should be an acceptable number of restrooms for the number of employees.
• Employers should not put unreasonable restrictions on bathroom use or cause extended delays.
• Restrooms should be sanitary and include hot and cold running water, hand soap or another cleansing agent, and hand towels, air blowers, or clean sections of continuous cloth toweling.
• For companies with more than 150 employees, the employer must provide one additional toilet fixture for each additional 40 employees.

Best Practices

In addition to legal requirements, employers should be mindful of best practices to ensure they are providing a safe and respectful work environment for all employees. This includes allowing employees to use the restroom that corresponds with their gender identity. While there are no federal, state, or municipal laws that require employers to construct new facilities to accommodate transgender individuals, some jurisdictions have regulations in place. For example, the District of Columbia requires single-occupant restroom facilities in public spaces to be gender-neutral.

Employers should also be aware of the potential for discrimination and liability risks. Prohibitions on sex discrimination cover employment discrimination related to a person's gender identity or transgender status. Any decision to require transgender employees to use a certain restroom could be considered discriminatory.

Strategies for Employers

To prepare for transgender employees, employers can implement a nondiscrimination policy that includes gender identity and/or gender expression. This helps set clear expectations for employees and promotes fair and equitable treatment. Employers can also consider creating single-use, gender-neutral restrooms in addition to gender-specific restrooms. In multiple-occupant, gender-segregated restrooms, privacy can be enhanced with features such as flaps on stall doors and extended stall walls and doors.

When an employee transitions during their employment, it is important to address any concerns or questions from other employees. While some co-workers may be unwilling to accept a transgender employee's gender identity, they should be expected to follow company policy and maintain respectful behavior. It is also essential to provide training on gender identity and inclusion to ensure a respectful and inclusive work environment.

The number of toilets required

United States

According to the Occupational Safety and Health Administration (OSHA) standards, the minimum number of restroom facilities that employers are required to provide is based on their current number of employees. For companies with 15 or fewer employees, only one unisex bathroom with a locking door is necessary. OSHA mandates the following minimum requirements:

• Two toilets for 16 to 35 employees.
• Three toilets for 36 to 55 employees.
• Four toilets for 56 to 80 employees.
• Five toilets for 81 to 110 employees.
• Six toilets for 111 to 150 employees.
• For companies with more than 150 employees, an additional toilet fixture should be provided for each additional 40 employees.

United Kingdom

The Workplace (Health, Safety and Welfare) Regulations 1992 state that "suitable and sufficient sanitary conveniences shall be provided at readily accessible places." The legislation also highlights the importance of adequate ventilation, lighting, and cleanliness in the toilet facilities. While specific numbers are not mentioned, the regulations emphasize that the number provided should be suitable and sufficient for the number of people using them.

General Recommendations

Regardless of the location, it is essential to ensure that workplace toilets are easily accessible, clean, and maintained in a sanitary condition. Employers should also be mindful of the needs of employees with disabilities and make reasonable adjustments as necessary. Providing enough toilet paper, soap or other cleansing agents, and a way to dry hands, such as paper towels or a hot-air dryer, is crucial.

Restricting bathroom breaks

While there is no federal law that specifies the number or length of bathroom breaks an employer must provide, employers are legally allowed to restrict bathroom breaks, as long as it is within reason. The Occupational Safety and Health Administration (OSHA) has regulations in place to ensure employees have reasonable access to restrooms.

Reasonable Restrictions

Reasonable restrictions will generally not prohibit employees from using the restroom when the need arises. However, in production or client-facing industries, employers may require an employee to wait for a co-worker to relieve their position before taking a bathroom break. This is especially true for positions that require constant coverage, such as bus drivers or assembly line workers. In these cases, employers must establish a system for employees to request a substitute when they need a restroom break.

Medical Accommodations

If an employee has a medical condition that necessitates frequent bathroom breaks, employers must be flexible as frequent bathroom breaks are considered a reasonable accommodation. A worker's need to access the restroom can depend on several factors, including fluid intake, air temperature, medical conditions, and medications. Some common conditions that require frequent restroom use include pregnancy, urinary tract infections, constipation, abdominal pain, diverticulitis, and hemorrhoids.

Unreasonable Restrictions

Unreasonable restrictions on bathroom usage will be viewed as a violation of an employee's rights, as it can subject employees to detrimental health effects, including urinary tract and bladder infections, kidney stones, and other ailments. Additionally, restrictions on the length of bathroom usage may also have a discriminatory impact on women or aging individuals who sometimes need extra time in the restroom.

Legal Action

Restricting bathroom use unreasonably can lead to lawsuits and even labor disputes. OSHA advises employees to first address concerns with their employer about any violation of OSHA restroom regulations before submitting an anonymous Safety and Health Complaint. It is illegal for an employer to retaliate against an employee for reporting an OSHA complaint or health and safety concern.

The health implications of insufficient breaks

Insufficient bathroom breaks can have serious health implications for workers. When people do not get enough bathroom breaks, they are at risk of developing urinary tract infections, kidney problems, and incontinence, as well as other bladder and bowel issues. This is especially true for pregnant workers, older workers, and workers with certain medical conditions who may need to use the bathroom more frequently.

Research has shown that having a full bladder can cause people to hurry through their work and pay less attention, leading to an increased risk of injuries to themselves or others. In addition, workers who are unable to take regular bathroom breaks may experience discomfort and distraction, impacting their productivity and job satisfaction.

In some cases, workers have reported wetting themselves in front of coworkers, bosses, or customers due to a lack of bathroom breaks. This can be extremely embarrassing and humiliating, leading to psychological and emotional distress.

To promote health and safety, it is crucial for employers to provide adequate bathroom breaks for their employees. This includes ensuring that bathrooms are sanitary, gender-segregated, and have visual privacy, separate compartments, and locking doors. Employers should also provide an acceptable number of restrooms based on the number of employees and allow employees to use the restroom as needed, without imposing unreasonable restrictions.

By following these guidelines, employers can help to reduce the health risks associated with insufficient bathroom breaks and create a more comfortable and productive work environment for their employees.

Frequently asked questions