OSHA issues guidance on transgender bathrooms

rebecca_watkinsOn June 1st, OSHA issued a new guide for employers regarding restroom access for transgender employees. The guide falls under OSHA’s sanitation standard that requires employers to provide toilet facilities – a standard that recognizes adverse health effects from the lack of such facilities. OSHA set out a model practice that would protect all employees’ access to prompt and appropriate facilities, based on a belief that employees should have the ability to use facilities corresponding to their gender identity. OSHA instructs that employees should not have to use a special facility apart from options available to other employees because of their gender identity. Employees also should not be asked to “prove” their gender identity. The best options suggested by OSHA include either single-occupancy unisex facilities or multiple-occupancy unisex facilities with lockable stalls.

The guide can be found on OSHA’s website at: https://www.osha.gov/newsrelease/trade-20150601.html. If you have questions about your workplace, please give me or another SBH attorney a call.