Posted on: October 3, 2024

OSHA Laws for Bathroom Breaks in the Workplace

OSHA Laws for Bathroom Breaks in the Workplace

Imagine this: You're focused on a critical task at work and nature calls. But your supervisor discourages bathroom breaks, suggesting you "hold it" until a designated time. This scenario, unfortunately, plays out in some workplaces. However, there's good news! The Occupational Safety and Health Administration (OSHA) has regulations in place to ensure employees have reasonable access to restrooms.

This blog delves into OSHA's bathroom break laws, explores the benefits of proper breaks, and empowers you with the knowledge of how to report violations.

What is OSHA?

OSHA is the government administration that works to ensure proper occupational safety and the health of workers. Along with establishing standards that employers must follow, they also investigate and enforce rules that prevent unlawful discrimination. OSHA does this through training, outreach, education, and assistance. Though it doesn’t directly provide training, it gives outlines that allow companies and third parties to prepare training for workers in all sectors of the workforce.

What Is a Proper Break?

Regulations outline specific guidelines for all sorts of breaks. Some are more defined; for example, short breaks that last around 5 to 20 minutes must be considered compensable work, meaning that federal law requires employers to continue to pay the employee during that time. A common misconception is that federal law requires meal breaks; on the federal level, meal breaks are optional, but some states may have requirements for companies in their jurisdiction.

Bathroom break rules and regulations are at times crystal clear and at other times foggy; this is meant to accommodate all sorts of workplaces at all levels. Here are some of the specific requirements for bathroom breaks:

  • Bathrooms are required to be sanitary, including:
    • Sanitary and maintained hand washing stations
    • Employer-provided running water, soap, and hand towels or dryers
  • Bathrooms need to be safe and accessible, including:
    • Gender-segregated bathrooms, unless designed for single-person use
    • Enough toilets for the number of workers, e.g., one toilet for a workplace of 15 or fewer employees (exact figures detailed by OSHA)
    • Bathrooms with multiple toilets must have visual privacy, separate compartments, and locking doors
    • Facilities within ¼-mile (including agricultural workers)
    • Mobile work crews have readily available transportation to a nearby bathroom (within 10 minutes)

Other requirements are more vague, such as what restrictions employers can ‘reasonably’ enforce. Restrictions can be placed, but the reasonableness of a restriction is so loosely defined that courts have often been employed in deciding if a certain restriction is reasonable. OSHA details the results of court cases; for example, a supervisor can require you to wait for another employee to cover your position before using the bathroom if it's essential but can't stop you if you need to go. OSHA also allows reasonable consequences for employees' bathroom use, but the issue of reasonableness remains. Remember that proper and compliant bathroom break policies are, at times, applicable to all employees, but at other times, they don't apply to others, such as those with medical issues or concerns.

What Are the Benefits of Proper Breaks?

The role of proper breaks is important not only for OSHA compliance but also to help improve the performance of teams and businesses. Proper breaks can both inhibit negative effects and promote positive effects in the workplace.

To contextualize the importance of breaks, consider the difference between employee engagement and burnout. These two significant factors have been investigated and researched in recent years as their effects have become more noticeable and prevalent.

Engagement refers to both how effective an employee feels in their role and their job satisfaction. As an employee feels that they are succeeding in their role and have the proper amount of work, their satisfaction and productivity increase. Breaks contribute to better employee engagement, while no or highly restricted breaks contribute to the opposite, burnout, which is severe exhaustion as a result of work, social, physical, or emotional stressors.

Having a predictable and reasonable break policy allows for the success of employees and businesses alike. If an employee feels burnt out, it is difficult for them to continue at a productive rate, and many have quit over this feeling.

Establishing an effective break policy, including bathroom breaks, creates an environment of mutual respect and trust. It is important to address employees’ concerns while also balancing the needs of the business or team; doing so successfully results in a mutually beneficial and trusting relationship between employee and employer.

Negative Impact of Restricting Bathroom Breaks

Many employees struggle to take sufficient bathroom breaks while at work, oftentimes as a result of heavy workload. This is a major health and safety concern. This is not necessarily indicative of a bad-faith employer. Many factors contribute to this issue, such as:

  • Staffing shortages
  • Insufficient breaks
  • Shortened breaks
  • Lack of close restrooms
  • Cleanliness
  • Fear of harassment
  • Concerns about safety

Not everything can be resolved completely by employers, but it is their responsibility, as directed by OSHA, to make the workplace as bathroom accessible as possible. Workers who are elderly, pregnant, or have specific medical issues may also need more frequent restroom breaks.

Insufficient bathroom breaks have been shown to significantly contribute to health issues in all workers. Relevant concerns include kidney, bladder, and bowel issues, as well as incontinence and UTIs. Those with chronic conditions may especially struggle with infrequent restroom breaks due to limited access. Full bladders can also cause distraction and work-related injuries.

Regular restroom breaks are essential, and it's important not to be flippant, especially when employees voice their concerns. Some employees have even reported wetting their clothing due to improper bathroom break policies at work. With proper adherence to OSHA’s guidelines, workers are better able to be productive and fulfilled in whichever assignment their role requires.

What Happens if Your Employer Violates Break Laws?

OSHA advises first addressing concerns with your employer about any violation of OSHA restroom regulations before submitting an anonymous Safety and Health Complaint. For a quicker response, consider contacting other relevant agencies about restroom laws, such as state agencies.

It is illegal for your employer to retaliate against you for reporting an OSHA complaint or health and safety concern. Retaliation can include termination, layoff, reduced hours, or salary. You have 30 days to file a whistleblower complaint if they take such actions. Fair and trusting relationships between employees and employers start with knowing your rights, along with proper training.

Get Trained With Us Today

OSHA regulations ensure reasonable access to restrooms, but navigating these regulations and company policies can sometimes be complex. Fortunately, there are resources available to empower you further. Online OSHA courses offered by reputable training providers such as OSHA.com provide in-depth explanations of workplace safety and health standards, including those related to restrooms. By investing in such courses, you can gain valuable knowledge and confidently navigate your workplace environment, ensuring both your health and compliance with regulations. Head to our website to get started today!