Can You Add Portable Toilets

Issue: As the HR manager of a warehouse facility, you are responsible for complying with Occupational Safety and Health Administration (OSHA) regulations at your work site. Your facility has four permanent toilets designated for men and one permanent toilet designated for women. During the peak season, the afternoon shift employs additional workers, so more toilets are needed. In lieu of adding additional toilets, you propose to add portable toilets. Is the substitution of portable toilets an OSHA violation?

Answer: Portable toilets under these circumstances are probably not a violation. OSHA’s general industry sanitation standard requires a minimum number of toilets. It uses the term water closet, which is defined as “a toilet facility maintained within a toilet room … which is flushed with water.” Toilets are to be provided in accordance with the table below, based on the number of employees.

Number of Employees: 1 to 15

Minimum number of water closets (a): 1

Number of Employees: 16 to 35

Minimum number of water closets (a): 2

Number of Employees: 36 to 55

Minimum number of water closets (a): 3

Number of Employees: 56 to 80

Minimum number of water closets (a): 4

Number of Employees: 81 to 110

Minimum number of water closets (a): 5

Number of Employees: 111 to 150

Minimum number of water closets (a): 6

More than 150 employees (b)

Footnote (a): Where toilet facilities will not be used by women, urinals may be provided instead of water closets, except that the number of water closets in such cases shall not be reduced to less than 2/3 of the minimum specified.

Footnote (b): One additional fixture for each additional 40 employees

However, the current American National Standards Institute (ANSI) guidelines for toilet facilities in places of employment do not require the use of water closets, and OSHA is authorized to adopt the national consensus standards of ANSI and other OSHA-accredited organizations. Accordingly, OSHA would treat substituting portable toilets for “water closets” as a de minimis or insignificant departure from its requirements if the following circumstances are present:

1. the lack of water or temporary nature of the installation makes installing plumbing impracticable;
2. the portable toilets are readily accessible by employees;
3. the portable toilets have adequate lighting, are secure, and have heating as necessary; and
4. the portable toilets are well-maintained and properly serviced.

If the portable toilets fail to meet the criteria set forth above, OSHA could cite the employer for a non-serious violation, which can carry a civil penalty of up to $7,000 for each violation.

Note that other relevant provisions of OSHA standards must be met. For example, employers are also required to provide hand-washing facilities.

Cite: OSHA’s general industry sanitation standard, 29 CFR 1910.141(a)(2); (c)(1)(i); and (d)(1)-(2). American National Standards Institute ANSI Z4.1-1995. Sanitation, CCH Employment Safety and Health Guide, 1143.

Source: CCH Incorporated is a leading provider of information and software for human resources, legal, accounting, health-care and small-business professionals. CCH offers human resource management, payroll, employment, benefits, and worker-safety products and publications in print, CD, online and via the Internet. For more information and other updates on the latest HR news, check our Web site at http://hr.cch.com.