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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
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Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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in south hill virginia, the owner has forbbiden the housekeeping

Resolved Question:

in south hill virginia, the owner has forbbiden the housekeeping to use the bathrooms. Just where are we suppose to go?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for your question, but I am a legal expert. So, I will need to know what your legal question is, since I would not have information on where bathrooms are. For example, if you want to know what sort of access to restrooms the law requires, I might be able to assist you with that. If you do have a legal question, can you tell me what kind of business you work for and about how many employees there are?
Customer: replied 1 year ago.

Housekeeper. We are not allowed to use restroom in the lobby, and their is no designate restroom for the workers.


 

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. Although you did not ultimately ask a legal question, I will assume that you are asking what your legal rights are, since that is all I can answer. OSHA, which is the occupational safety and health agency for the Government, sets the rules for workplaces. There are very specific rules for the number of restrooms and the condition,etc. that they must be in. I have provided part of the rule, which is found in the Code of Federal Regulations, below. As you can see, unless you are part of a mobile crew (one that moves from house to house) the employer must provide access to restrooms. So, if your employer is not doing this, they can be reported to OSHA and that Agency will fine them and direct them to provide you with access to a restroom. You can find out how to file your complaint, by going to: http://www.osha.gov/as/opa/worker/complain.html

Please let me know if you need any clarification. I would be glad to assist you further if I can.

1910.141(c)(1)(i)
Except as otherwise indicated in this paragraph (c)(1)(i), toilet facilities, in toilet rooms separate for each sex, shall be provided in all places of employment in accordance with table J-1 of this section. The number of facilities to be provided for each sex shall be based on the number of employees of that sex for whom the facilities are furnished. Where toilet rooms will be occupied by no more than one person at a time, can be locked from the inside, and contain at least one water closet, separate toilet rooms for each sex need not be provided. Where such single-occupancy rooms have more than one toilet facility, only one such facility in each toilet room shall be counted for the purpose of table J-1.
Number of employees Minimum number of water closets1
1 to 15 1
16 to 35 2
36 to 55 3
56 to 80 4
81 to 110 5
111 to 150 6
Over 150 (2)
1Where 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.

21 additional fixture for each additional 40 employees.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17181
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and 9 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Do you have a contact for number for OSHA. I find this appalling that we have no place to go, or even have a breakroom desginated for employees!


That you for your assistance, but am having difficulty finding a number for South Hill Virginia.


 

Expert:  Marsha411JD replied 1 year ago.
I agree that is is completely unacceptable, and illegal, to not provide restroom access. The contact information for OSHA is at the link I provided you, that concerns filing a complaint. If you go to the link, this is part of the information that is provided. At the bottom, you will see their 1-800 number.

You have these options to file your safety and health complaint:

  1. Online - Go to the Online Complaint Form Written complaints that are signed by workers or their representative and submitted to an OSHA Area or Regional office are more likely to result in onsite OSHA inspections. Complaints received on line from workers in OSHA-approved state plan states will be forwarded to the appropriate state plan for response.
  2. Download and Fax/Mail - Download the OSHA complaint form* [En Espanol*] (or request a copy from your local OSHA Regional or Area Office), complete it and then fax or mail it back to your local OSHA Regional or Area Office. Written complaints that are signed by a worker or representative and submitted to the closest OSHA Area Office are more likely to result in onsite OSHA inspections. Please include your name, address and telephone number so we can contact you to follow up. This information is confidential.
  3. Telephone - your local OSHA Regional or Area Office. OSHA staff can discuss your complaint and respond to any questions you have. If there is an emergency or the hazard is immediately life-threatening, call your local OSHA Regional or Area Office or 1-800-321-OSHA.

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