Human Resource Blog

Access to drinking water in the workplace

What are the requirements for providing access to drinking water in a large office? Can an employer just tell employees to drink for the tap water from a sink in a restroom?

This is a deceptively complex issue with no clear-cut answer. In many cases tap water is acceptable; in some cases it may not be sufficient.

OSHA worker safety regulations require that the employer provide “potable water” in the workplace. In this case, potable merely means the water is not deadly or toxic — it is safe for drinking. Almost all tap water in the U.S. meets this definition.  There is no requirement that the employer provide spring water or bottled water to employees. The purpose of providing water is to prevent heat stress, heat stroke, hypothermia, hyperthermia and the medical condition of dehydration. These are all threats to workplace safety, especially in settings where employees may be working at very high or low temperatures, or outside.

OSHA does not issue firm guidance on meeting this standard. Instead, they assess the safety of working conditions at each workplace on an individual basis. Some states handle worker safety at the state level. However, by law their standards must be at least as stringent as OSHAs standards.

In a small workplace like a convenience store, with 1 to 3 employees working at a time, OSHA often permits the employer to merely supply tap water from the restroom. On a construction site, the employer must supply drinking water — usually in the form of tap water and ice in huge yellow or orange dispensers. OSHAs regulations in other workplaces are less clear-cut. At times, a water tap in a kitchen or break area — or even in a restroom — is sufficient. At other times, OSHA may rule that this is insufficient and the employer must supply a water fountain or water dispenser for employees.

Some of the factors that OSHA will take into consideration include the total number of employees, the availability of cups for them to put water in, whether the building is heated and air-conditioned, and whether the employees are working outside. If none of your employees has suffered a work-related case of heat stress, heat stroke, hypothermia, hyperthermia or dehydration, OSHA is likely to rule that your supply of potable water is sufficient.

Many employees object to obtaining drinking water from a tap in the bathroom, and in fact OSHA regulations prohibit the employee from actually consuming the water in the bathroom. However, OSHA regulations also require that restrooms be kept in a “clean and sanitary condition.” As long as there are cups or glasses to fill with water to be consumed outside the restroom, this arrangement may be sufficient.

As an employer, you can call OSHA and request a consultation. They will survey your workplace and make recommendations to improve worker safety. Find the closest OSHA office at www.osha.gov. Normally OSHA does not issue citations (tickets) or penalties for such consultations, unless you have severe, life-threatening violations.