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Required Restroom Breaks?

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In the states of New Mexico and Texas, I could not find if it is required to give restroom breaks. I work 8 hours at a time and am not given any break at all. I am finding myself becoming dehydrated due to the lack of being able to consume water as to have to use the restroom. Are these states required to give me restroom breaks for not? thanks

Restroom breaks are required by federal law in Texas and by the state worker safety organization in New Mexico.  

In Texas, OSHA, the federal Occupational Safety and Health Administration, oversees almost all facets of health issues in the workplace. Although we usually think of OSHA as preventing industrial accidents, using the restroom and drinking water at work are health issues. Not using the restroom can result in UTIs (Urinary Tract Infections) and as you’ve already observed, not drinking water can lead to dehydration.

OSHA’s regulations have the force of law and employers can be fined up to $20,000 per incident for violating them.

OSHA CFR 1910.141 requires employers to furnish employees with drinkable (or potable) water, and allow employees to drink it. That same regulation requires employers to furnish workers with rest rooms. A 1998 OSHA ruling specifically requires employers to permit employees to use the restroom “when nature calls.”

A number of OSHA regulations and opinion letters have addressed the issue of employers trying to limit access to restrooms. OSHA has repeatedly ruled that an employer can set “reasonable” restrictions on restroom usage – but not unreasonable ones. If you are becoming dehydrated and/or unable to use the restroom all day, that would almost certainly constitute unreasonable restrictions on restroom usage.

To clarify reasonable access to restrooms: Suppose Michelle works in a factory on the production line. Because the line cannot be shut down while Michelle uses the restroom, she might have to wait 10 or 15 minutes for a supervisor to relieve her, before she can use the restroom. A receptionist in a busy office might be in the same situation, because the front desk can’t be left unattended. Both of those would be reasonable restrictions to restroom access.

However, if Michelle’s boss told her that she could only use the restroom once per day, at 10 am, that would not be a reasonable restriction on restroom access.  Or, if Michelle asked repeatedly and the supervisor refused to relieve her, that would be an unreasonable restriction.

Under the federal FLSA, the Fair Labor Standards Act, breaks of less than 20 minutes must be paid, so the employer must pay workers for restroom breaks and breaks to drink water.

These are the OSHA standards for General Industry. Some specific industries have more exacting standards, but in every industry employees must be permitted to drink water and use the restroom.

In New Mexico, worker safety is regulated by a state agency, the Occupational Health and Safety Bureau of the New Mexico Environmental Department. Before you despair, though, be aware that under federal law, state worker safety agencies must provide at least as much protection as OSHA does. So employees in New Mexico also have rights to drink water or use the restroom at work. In fact, workers throughout the U.S. have such rights.

If you work in New Mexico and need more specific information regarding the statutes to cite, please post another question.