Human Resource Blog

No, this would most likely be a violation of OSHA sanitation standards for general industry, which requires employers to provide private stalls for toilets where there is more than one toilet in a restroom. Your frustration is understandable, but depriving all employees of privacy while using the restroom is probably not the best solution.

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OSHA, the Occupational Safety and Health Administration sets the standards for most businesses in the US. (About 22 states have state agencies in lieu of OSHA, however, their standards must be at least as high as OSHA’s. Often they are identical.)

The OSHA sanitation standards for general industry are CFR 1910.141 at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9790.

The number of toilets is based on the number of workers of each sex. For example, if there are 1 to 15 female employees, OSHA requires a women’s bathroom with 1 stall (or toilet.)  If there are 16 to 35 female employees, 2 stalls are required. For 36 to 55 female employees, 3 stalls are required.

Surprisingly, OSHA does not require more toilets for women than for men (although some state or local laws do.)

These are the OSHA general standards. Different standards may apply to a particular industry or workplace. For example, in a factory where everyone must use the toilet during a short break, more stalls would probably be required.

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No, this doesn’t sound right. This would be correct if your wife was on FMLA leave for a non-work-related injury. However, on workers’ comp, your wife is usually entitled to job-protected leave for as long as she needs it. It sounds like the employer does not realize that your wife’s injury is job-related, or has forgotten. By the way, your wife can see any doctor she likes — she is not required to use the doctor the company designates. Because it’s a workers’ comp claim, the doctor will still bill the company.

Your wife should contact the Ombudsman for workers’ comp in Texas. Most states have WC Ombudsman, who act as free advocates for injured workers. Some injured employees hire lawyers instead of working through the Ombudsman. Read more about the Ombudsman and TX WC at http://www.tdi.state.tx.us/wc/employee/workerresources_english.html

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In Florida, this is regulated by OSHA, the federal worker safety agency.

OSHA’s CFR 1910.141 address restroom requirements for general industry. There are different requirements in some industries.

Generally, workers should have the option of locking the restroom when its in use. A restroom with a single toilet may have a door that locks from the inside. Where separate stalls are supplied in a larger restroom, the stalls must have doors that latch.

An employer can legally keep restrooms locked when not in use to prevent vandalism or for other reasons. However, when an employee makes a request to use the restroom, that request must be granted promptly.

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Yes. This is an OSHA standard. Under 29 CFR 1910.141, employers must make a restroom available for employees to use. This standard applies to general industry. Different OSHA standards may apply to specific industries.

On construction sites, that may mean having a portapotty available.

Generally the employee restroom does not have to be separate from a restroom for customers. 

There are some exceptions to the rule about supplying a restroom. For example, an employer is not required to provide an RV with a restroom for an outside sales person. The assumption is that the salesperson can use a client’s bathroom, or one at a fast food restaurant while on the road.

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