DD 5.98 - Bathroom and Toilet Facility Access

DOSH DIRECTIVE

Department of Labor and Industries

Division of Occupational Safety and Health

Keep Washington Safe and Working

5.98

Bathroom and Toilet

Facility Access

Date: November 20, 2019

I. Purpose

This Directive provides DOSH enforcement guidance, and clarifies that employers are required

to make toilet facilities available, so that employees can use them when needed.

II. Scope and Application

This Directive applies to all DOSH enforcement and consultation activities involving the

enforcement of WAC 296-800-230 and other referenced industry specific sanitation standards.

It does not create employer requirements not found in the applicable standards.

This Directive has been reviewed for applicability, and remains effective with a new issue date

of November 20, 2019.

III. References

 WAC 296-800-23020, Provide bathrooms for your employees (Core Rules)

 WAC 296-155-140, Sanitation, (Construction Work)

 WAC 296-307-09518, What toilet facilities must an employer provide? (Agriculture)

 WAC 296-307-240, Sanitation for fixed, indoor workplaces (Agriculture)

 WAC 296-115-050(9), Toilet facilities and drinking water (Charter Boats)

 WAC 296-36-160, Personnel facilities (Compressed Air Work)

 OSHA Interpretation of 29 CFR 1910.141(c)(1)(i): Toilet Facilities, 4/6/1998

IV. Background

Sanitation standards are intended to ensure that employers provide employees with available

toilet facilities, so that employees will not suffer the adverse health effects that can result if

appropriate facilities are not available when needed.

Medical studies have identified adverse health effects that may result if employees are

prevented from using the bathroom, or if toilets are not available when needed. The hazards can

include urinary tract infections (UTIs), bladder obstruction and, in rare situations, kidney

damage. Health problems, including constipation, abdominal pain, hemorrhoids, and intestinal

tract inflammation can result if individuals delay defecation.

DOSH DIRECTIVE 5.98 (November 20, 2019) Page 2 of 4

V. Definitions

 Bathroom means a room maintained within or on the premises of any place of

employment, containing toilets that flush for use by employees.

 Toilet means a fixed or portable facility designed for the purpose of adequate collection and

containment of both defecation and urination. “Toilet” includes biological, chemical, flush,

and combustion toilets, or sanitary outhouses.

VI. Application Guidance

1. Sanitation standards require that bathrooms or toilet facilities be provided in every

workplace. CSHO’s shall assess that each workplace has the required number of toilets per

number and gender of employees, and that all other applicable conditions (e.g. the provision

of toilet paper) are met. Whenever possible, the CSHO shall inspect bathrooms and toilet

facilities and obtain photographic documentation of violations.

2. The CSHO must evaluate whether the requisite number of toilets are available in

accordance with the applicable standard.

The employer is responsible for providing bathrooms or toilet facilities to employees. The

most basic meaning of provide is to supply or make available (something wanted or

needed), according to Webster’s New World College Dictionary, Fifth Edition (2018).

Toilets that employees are not allowed to use for extended periods are not considered to be

"available" to those employees.

In situations where fixed workplaces do not contain bathroom or toilet facilities, the

provision requirement may be met by providing access to facilities in an adjoining building,

as long as employees have unobstructed free access to the facilities.

3. The employer must not impose unreasonable restrictions on employee use of bathrooms or

toilet facilities.

DOSH standards require employers to provide reasonable access to bathrooms and toilet

facilities. In most work settings this means that the employer may not impose unreasonable

restrictions on accessing bathrooms or toilet facilities, including time use restrictions. It is

recognized that many work situations do not allow for immediate use of bathrooms and

toilet facilities. In these situations the employer must have procedures in place (e.g.,

providing a temporary replacement) to provide access within a reasonable time frame.

CSHO’s must evaluate the nature of any restriction, including the length of time that

employees are required to delay bathroom use, and the employer's explanation for the

restriction. In addition, the investigation should examine 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 facilities.

DOSH DIRECTIVE 5.98 (November 20, 2019) Page 3 of 4

4. Bathroom facilities are required to be maintained in a clean and sanitary condition. Failure

to do so may result in transmission of infectious diseases, and/or cause employees to avoid

using the facilities.

It is possible that a CSHO may inspect a bathroom or toilet facility just prior to scheduled

maintenance or after an incident that results in soilage, lack of toilet paper or a mechanism

to dry hands, or plumbing difficulties.

The CSHO must:

 Evaluate the employer’s maintenance schedule and documentation of maintenance.

 Interview employees to determine whether toilet facilities are being routinely maintained in a

clean and functioning condition.

5. The General Industry and Construction standards provide exemptions for mobile crews.

The standards exempt employers from providing fixed bathrooms or toilet facilities as long

as transportation is immediately available to bathrooms that meet the requirements of the

standards. Clear access restrictions (e.g. prohibition from using a company vehicle or

bathroom) shall be cited.

The CSHO must evaluate whether:

 The employer has informed employees of their right to access nearby facilities

 Transportation is made available

 Access is unreasonably hindered

6. The CSHO must make a referral to the L&I Employment Standards Program in instances

where employers interfere with employees’ required break and meal times.

VII. Citation Policy

1. Employee complaints of restrictions on bathroom or toilet facility use should be evaluated

to determine whether the restrictions are reasonable. Careful consideration must be given to

the nature of the restriction, including the length of time that employees are required to

delay bathroom use, and the employer's explanation for the restriction. For example, some

retail establishments require key access to bathrooms in order to control public use. As

long as this policy does not hinder employee access it would not be considered

unreasonable.

The CSHO must evaluate whether:

 Restrictions are general policy or arise only in particular circumstances or with

particular supervisors

 The employer’s policy recognizes individual medical needs

 Employee reports of adverse health effects caused by delayed bathroom access, are due

to a single incident for valid work issues, or based on the employers system (formal or

informal, overt or covert).

DOSH DIRECTIVE 5.98 (November 20, 2019) Page 4 of 4

2. Lack of the required number and installation of toilets as described under WAC 296-800-

23020(1) must be cited as general, unless deficiencies are causing unreasonable delays in

employee access, then cite as serious.

Sample Alleged Violation Description (AVD) Language: The employer did not

provide the appropriate number of toilets as described under WAC 296-800-

23020(1). [DESCRIBE DEFICIENCY, E.G. TOILETS AVAILABLE FOR NUMBER

AND/OR GENDER OF EMPLOYEES]. The employer must identify additional

bathroom facilities that employees may access if necessary.

3. Denial or restriction (rigid use times, e.g. only during scheduled breaks) of bathroom or

toilet facility use shall be cited as serious.

Sample Alleged Violation Description (AVD) Language: WAC 296-800-23020

requires employers to provide bathrooms for employee use. The employer did not

allow employees to use bathroom facilities when needed to relieve themselves.

[DESCRIBE THE NATURE OF RESTRICTION]. Employees could suffer adverse

health effects or injuries if they are prevented from using the toilet or if the toilets

are not available when needed.

4. Maintenance and cleanliness deficiencies (including maintain facilities in working order)

required under WAC 296-800-23020 (2), (3), & (4) shall be cited as general, unless these

are repeatedly noted or long standing hazards (e.g. employees have notified the employer

on more than one occasion and no actions were taken to correct the hazards). If long

standing deficiencies can be documented, then cite as serious.

Sample Alleged Violation Description (AVD) Language: WAC 296-800-23020(3)

requires employers to make sure that bathrooms are maintained in a clean and

sanitary condition. The employer did not provide clean and sanitary bathroom

facilities. [DESCRIBE CONDITIONS]. Not maintaining bathroom facilities in

clean and sanitary conditions has resulted in employees delaying relieving

themselves until they can access appropriate facilities outside of the workplace.

VIII. Point of Contact

If DOSH staff have questions or need additional guidance or interpretive assistance, they

are encouraged to contact DOSH Technical Services.

IX. Review and Cancelation

DOSH will review this Directive within two years from the issue date, and it will remain

effective until superseded or canceled.

Approved: ______________________________________

Anne F. Soiza, L&I Assistant Director

Division of Occupational Safety and Health