OSHA Law on Bathroom Breaks

The need to go to the bathroom is a universal issue everyone can relate to. The Occupational Safety and Health Administration (OSHA) has the responsibility of enforcing many health-related work issues, including the rate at which employees can utilize the bathroom.

Purpose

• The purpose of the Occupational Safety and Health Administration (OSHA) guideline on bathroom breaks is to ensure that workers do not develop medical problems as a result of not being allowed to go to the bathroom. Such problems include, but are not limited to, urinary tract infections, constipation and kidney stones.

The Law

• OSHA states that all work environments must be equipped with properly working restrooms at all times. Restrooms must be separated by gender. Employers who do not comply with these guidelines will be issued a citation from OSHA. While the Fair Labor Standards Act (FLSA) does not require employers to grant employees breaks under federal law, OSHA does state that employers cannot "unreasonably restrict" employees from taking a bathroom break to relieve themselves. No specific regulations have been created by OSHA in regard to how long, or how often, these breaks can be, since workers utilize the restroom at different rates based upon a variety of factors, including fluid intake and medical conditions.

Bathroom Break Issues

• OSHA recommends that companies use a "signal" solution In the event that an employee's bathroom needs conflict with the work she must get done. Employees may signal to another employee to cover their work while they utilize the bathroom. This solution is considered acceptable under the OSHA bathroom break guidelines.