Human Resource Blog

Bathroom not available

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Can a company require a worker to be at the job if the water is turned off for three hours due to construction and no bathroom is available except at private residences nearby?

This is a grey area, and you would probably have to check with OSHA to get an opinion on this specific situation.

If the water was shut off for 24 hours or more, it would probably not be acceptable to have the business open and employees working. However, in some cases, employers have continued to operate for up to 4 hours while the water was shut off for needed repairs. In hotels, for example, if the water in the entire building must be shut off, the hotel cannot be left deserted, without any employees to provide security or service for guests. So, it is not unusual for workers to be informed ahead of time that the water will be off. Usually, if repairs will take longer than 3 or 4 hours, the water is turned on for an hour or so to permit employees to use the restroom, then turned off again so repairs can be completed.

It is to the employers credit that apparently alternate arrangements were made for employees to use the restroom nearby.