Drinking Water
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I work part time at a liquor store in Annapolis, MD for the Navy Exchange. We have a bathroom sink and mop sink from which to get water. The GM says there is no regulation that states that the NEX has to provide drinking water he says we have to buy it. Does the NEX fall under the CFR? Can he require us to purchase drinking water if we choose not to get water from the bathroom sink or mop sink? Thanks
Under the OSHA regulations for general industry, “drinking water” means “tap water that is safe to drink.” It doesn’t mean “bottled water.” Many of us are so accustomed to drinking bottled water that we forget it’s perfectly possible and safe to drink tap water.
In most cases, an employer can provide workers with access to water that comes from a tap, and be in compliance with OSHA regulations. So yes, the employer can require workers to purchase bottled water (or bring it from home) if that’s what they prefer to drink.
In some cases for larger employers, OSHA may require a drinking fountain. On construction sites without running water, OSHA may require a keg-type insulated water dispenser. But there are almost no circumstances where OSHA requires the employer to furnish bottles of water for workers.
If the tap water in a particular community was contaminated or declared unfit for drinking by the local health department (which sometimes happens) then the employer would have to provide water from another source that was safe to drink. This might include bottled water. But, this is an unusual situation and normally lasts only for a few days.
At any rate, what OSHA requires is irrelevant in this question, because the employee apparantly works on a military base. Normally OSHA does not have the authority to establish worker safety standards on military bases…they are set by the US military.
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3 Responses to “Drinking Water”
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April 22nd, 2008 at 10:59 am
Can you please explain this part that is listed in the CFR?
(2) Eating and drinking areas. No employee shall be allowed to
consume food or beverages in a toilet room nor in any area exposed to a
toxic material.
If I can not drink in a bathroom how then is it safe to get water from a tap that is less than 2 feet from the toilet? If I can not drink from a sink that is “exposed” to toxic material how then is it safe to get water from a sink exposed to mop water, and other chemicals?
Editor’s Note: Kimberly, an employee could fill a glass with water in the bathroom and take the glass out of the bathroom to consume the water. Mop sinks are not necessarily sources of toxic chemicals like insecticides — and presumably the sink is cleaned, after being used. The regulation doesn’t say that employees cannot drink water that comes from the a sink. It says they cannot drink water in the bathroom. You can certainly report this violation to OSHA if you like, and perhaps they will offer a different opinion. However, in many cases, OSHA has permitted small employers such as retail stores to furnish drinking water from a sink, rather than a water fountain.
As previously explained, it appears that the OSHA CFR doesn’t apply in this case, if the employer is on a military base or operated by the military.
July 10th, 2008 at 3:00 pm
Can you explain why the above CFR “Drinking Water” doesn’t apply if the employer is on a military base or operated by the military?
July 10th, 2008 at 3:33 pm
Delighted to. OSHA regulates private employers, including for-profit companies and non-profit organizations. By law, OSHA does not have jurisdiction over or regulate the US military. This includes civilian employees who work on a military base. The military has its own regulations for worker safety. (And we would be surprised if they did not include some provision for supplying drinkable water.) If you are a private employer, you must follow OSHA standards. If you are a branch of the US military, those standards don’t apply.