By Jordan B. Schwartz and Eric J. Conn
OSHA has long enforced sanitation and accessibility standards for restrooms for workers – an idea that generally makes sense viewed as a health concern. In the last few years, however, new policies at the state and federal levels on transgender issues mean all employers must pay particular attention to rules and enforcement regarding access to restrooms.
Indeed, OSHA has now found a way into the highly political and social issue of transgender equality by making its own policy pronouncements on access by workers to restrooms of the gender with which they identify. In 2015, Assistant Secretary of Labor for OSHA Dr. David Michaels explained the Agency’s position on this when he unveiled a new OSHA Guide to Restroom Access for Transgender Workers, he said:
“The core principle is that all employees, including transgender employees, should have access to restrooms that correspond to their gender identity.”
The emergence of bathroom issues from a legal and regulatory standpoint is not limited to the controversial transgender issue. This article addresses the complexities of this subject and how it affects regulatory compliance and employment law liabilities.
OSHA Bathroom Requirements
In terms of bathroom access, there are two OSHA concerns primarily at play (aside from the new transgender issue), which often overlap:
- providing employees with prompt access to a bathroom; and
- ensuring the workplace bathroom is maintained in a sanitary condition.
Toilets must be provided and accessible to all employees at every fixed work site. This means Continue reading