Lawzilla

California Business Bathroom Requirements on the Job

Quick Summary

California has little known, but extensive bathroom, sanitation, and toilet regulations governing all businesses.

The laws are so extensive they even cover how many rolls of toilet paper the business must have stocked and ready to be used.

California Sanitation, Bathroom and Toilet Laws for Businesses

Title 8 California Code of Regulations Section 3360:

Scope and Application

This article applies to all places of employment.

Exception:

Mobile crews or normally unattended work locations provided employees have readily available potable water for drinking, and readily available transportation or other effective arrangements to nearby toilet and washing facilities.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New section filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

2. Amendment filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3).

3. Amendment filed 5-9-91; operative 6-8-91 (Register 91, No. 25).

4. Editorial correction of HISTORY 3. (Register 91, No. 45).



Title 8 California Code of Regulations Section 3361:

Definitions

Lavatory. A plumbing fixture used for washing the hands, arms, face and head. (Title 24, Part 5, Section 5-113).

Number of employees. The maximum number of employees present at any one time on a regular shift. (Title 24, Part 5, Section 5-115).

Personal Service Room. A room which is not directly connected with the production or service function performed by the establishment. Such rooms may include, but are not limited to, first aid or medical rooms, toilet rooms, change rooms, wash rooms, shower rooms, kitchens and lunch rooms. (Title 24, Part 5, Section 5-117).

Potable Water. Potable water is water which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the health authority having jurisdiction. (Title 22, California Code of Regulations, Division 4, Chapter 15)

Toilet. A fixture, maintained within a toilet room, which may be used for defecation or urination, or both. (Title 24, Part 5, Section 5-121)

Toilet Room. A room within or on the premises containing water closets, urinals and other required facilities. (Title 24, Part 5, Section 5-121)

Toxic Material. A material in concentration or amount which exceeds the applicable limit established by a standard, such as Section 5155, 5208 or 5209 of Title 8, CAC or, in the absence of an applicable standard, which has the capacity to produce personal injury or illness to persons through ingestion, inhalation, or absorption through any body surface. (Title 24, Part 5, Section 5-121)

Urinal. A plumbing fixture which is used only for urination. (Title 24, Part 5, Section 5-122)

Water Closet. A plumbing fixture (which may be used for both defecation and urination) in which the waste matter is removed by flushing with water. (Title 24, Part 5, Section 5-124)

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. New Article 9 (Sections 3361-3376) filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

3. Amendment of subsection (b) filed 9-19-80 as procedural and organizational; effective thirtieth day thereafter (Register 80, No. 38).

4. Repealer and new section filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

5. Amendment filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3).

6. Amendment of definition of “Potable Water” filed 1-18-2012; operative 1-18-2012 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2012, No. 3).



Title 8 California Code of Regulations Section 3362:

General Requirements

(a) To the extent that the nature of the work allows, workplaces, storerooms, personal service rooms and passageways shall be kept clean, orderly and in a sanitary condition. The interiors, exteriors and environs of buildings that contribute to a hazard to which these orders apply shall be cleaned and maintained in such conditions as will not give rise to harmful exposure, as defined in Section 5140.

(b) Cleaning and sweeping shall be done in such a manner as to minimize the contamination of the air and, insofar as is practicable, shall be performed at such time and in such a manner that will avoid harmful exposures as defined in Section 5140.

(c) To facilitate cleaning, every floor, workroom, personal service room and passageway shall be kept free from protruding nails, splinters, loose boards and unnecessary holes and openings.

(d) All putrescible waste or refuse shall be stored in a receptacle so constructed that it does not leak and may be conveniently and thoroughly cleaned. Such a receptacle shall be maintained in a sanitary condition and shall be equipped with a tight fitting cover if it cannot be maintained in a sanitary condition without one. (This provision does not prohibit the use of receptacles which are designed to permit the maintenance of a sanitary condition without regard to the above requirements.)

(e) All sweepings, putrescible wastes, refuse and garbage shall be removed in such a manner as to avoid creating a nuisance and shall be removed as often as necessary to avoid creating a menace to health through the development of unsanitary conditions.

(f) Every enclosed workplace and personal service room shall be equipped and maintained, insofar as is practicable, to prevent the entrance or harborage of insects, rodents or other vermin. An effective program of extermination and control shall be instituted whenever their presence is detected.

(g) When exterior water intrusion, leakage from interior water sources, or other uncontrolled accumulation of water occurs, the intrusion, leakage or accumulation shall be corrected because of the potential for these conditions to cause the growth of mold.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment of subsections (a) and (b) filed 10-2-81; effective thirtieth day thereafter (Register 81, No. 40).

3. Amendment of subsection (f) filed 1-17-86; effective thirtieth day thereafter (Register 86, No 3).

4. New subsection (g) filed 8-5-2002; operative 9-4-2002 (Register 2002, No. 32).



Title 8 California Code of Regulations Section 3363:

Water Supply

(a) Potable water in adequate supply shall be provided in all places of employment for drinking and washing and, where required by the employer of these orders, for bathing, cooking, washing of food, washing of cooking and eating utensils, washing of food preparation or processing premises, and personal service rooms. (Title 24, Part 5, Section 5-1001; Exception No. 2: (b))

(b) All sources of drinking water shall be maintained in a clean and sanitary condition. Drinking fountains and portable drinking water dispensers shall not be located in toilet rooms. (Title 24, Part 5, Section 5-1001; Exception No. 2: (c))

(c) Portable drinking water dispensers shall be equipped with a faucet or drinking fountain, shall be capable of being tightly closed and shall be otherwise designed, constructed and serviced so that sanitary conditions are maintained. Such dispensers shall be clearly marked as to their contents.

(d) The dipping or pouring of drinking water from containers, such as from barrels, pails or tanks, is prohibited regardless of whether or not the containers are fitted with covers.

(e) The common use of a cup, glass or other vessel for drinking purposes is prohibited.

(f) Nonpotable water shall not be used for drinking, washing, or bathing, washing of clothing, cooking, washing of food, washing of cooking or eating utensils, washing of food preparation or processing premises or other personal service rooms. (Title 24, Part 5, Section 5-1012 (a))

(g) Outlets for nonpotable water, such as water for industrial or fire-fighting purposes, shall be posted in a manner understandable to all employees to indicate that the water is unsafe and shall not be used for drinking, washing, cooking or other personal service purposes. (Title 24, Part 5, Section 5-1012 (c))

(h) Nonpotable water systems or systems carrying any other nonpotable substance shall be installed so as to prevent backflow or back-siphonage into a potable water system. (Title 24, Part 5, Section 5-1012 (b))

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Repealer of subsections (c), (e), (h) and consecutive relettering of subsections (d)-(k); effective thirtieth day thereafter (Register 81, No. 4).

3. Amendment filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3).



Title 8 California Code of Regulations Section 3364:

Sanitary Facilities

(a) Separate toilet facilities shall be provided for each sex according to the following table:

Number of Employees Minimum Number of Water Closets [FNa1]
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 1 additional for each additional 40 employees or fraction hereof.


[FNa1] Urinals may be installed instead of water closets in toilet rooms to be used only by men provided that the number of water closets shall not be less than two-thirds of the minimum number of toilet facilities specified. The length of trough urinals to equivalent number of individual urinals shall be based on the following:

Length of Trough Urinal Equivalent Number of Individual Urinals
24 inches 1
36 inches 2
48 inches 2
60 inches 3
72 inches 4


Exceptions:

(1) When there are less than five employees, separate toilet rooms for each sex are not required provided toilet rooms can be locked from the inside and contain at least one water closet. (Title 24, Part 5, Section 5-910 (a)(1))

(2) Employees engaged in hand-labor operations at agricultural establishments are subject to the sanitation provisions of Section 3457.

(b) Toilet facilities shall be kept clean, maintained in good working order and be accessible to the employees at all times. Where practicable, toilet facilities should be within 200 feet of locations at which workers are regularly employed and should not be more than one floor-to-floor flight of stairs from working areas. (Title 24, part 5, section 5-910(a)(1))

(c) All water-carried sewage shall be disposed of by means of either a public sewage system or by a sewage disposal system in conformance with applicable State and local laws, ordinances, and regulations. The sewage disposal method shall not endanger the health of employees.

(d) An adequate supply of toilet paper shall be provided for every water closet.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

3. Amendment filed 10-2-81; effective thirtieth day thereafter (Register 81, No. 40).

4. Amendment filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3).

5. Repealer of EXCEPTION (2) and renumbering of EXCEPTION (3) to (2) filed 5-9-91; operative 6-8-91 (Register 91, No. 25).

6. Amendment of EXCEPTION (2) filed 12-23-91; operative 1-22-92 (Register 92, No. 12).

7. Editorial correction of printing error in subsection (a) table (Register 92, No. 33).

8. Editorial correction restoring inadvertently omitted subsection (d) (Register 93, No. 39).

9. Change without regulatory effect amending subsection (a)(2) filed 2-22-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 8).



Title 8 California Code of Regulations Section 3365:

Toilet Rooms

Each water closet shall occupy a separate compartment which shall be equipped with a door and door latch. The door and the walls or partitions between fixtures shall be sufficient to assure privacy. (Title 24, Part 5, Section 5-912(a))

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Repealer and new section filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

3. Amendment filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3).



Title 8 California Code of Regulations Section 3366:

Washing Facilities

(a) Washing facilities for maintaining personal cleanliness shall be provided in every place of employment. These facilities shall be reasonably accessible to all employees. (Title 24, Part 5, Section 5-910(a)2(A))

(b) Washing facilities shall be maintained in good working order and in a sanitary condition. (Title 24, Part 5, Section 5- 910(a)2(B))

(c) Lavatories, including those associated with toilet rooms shall be made available according to the following table:

Type of Employment Number of Employees Minimum Number of Lavoratories
Nonindustrial-office buildings, public buildings, and similar establishments 1 to 15 1
16 to 35 2
36 to 60 3
61 to 90 4
91 to 125 5
over 125 1 additional for each 45 additional employees or fraction thereof.
Industrial-factories warehouses, loft buildings, and similar establishments 1 to 100 1 for each 10 employees.
over 100 1 additional for each 15 additional employees or fraction thereof.


In a multiple-use lavatory, 24 lineal inches of sink or 18 inches of circular basin, when provided with individual faucet, shall be considered equivalent to one lavatory.

Exception:

(1) Employees engaged in hand-labor operations at agricultural establishments are subject to the sanitation provisions of Section 3457.

(d) Each lavatory shall be provided with running water and suitable cleansing agents. The water shall be available at temperatures of at least 85 degrees F in those instances where:
(1) Substances regulated as carcinogens in these orders are used; or

(2) Skin contact may occur with substances designated skin (S) in section 5155.

Note: This section does not prevent local health departments from enforcing more stringent standards contained in the Health and Safety Code for food handlers.
(e) Clean individual hand towels, or sections thereof, of cloth or paper or warm-air blowers convenient to the lavatories shall be provided. (Title 24, part 5, section 5-910(a)2(E))

(f) Where showering is required by the employer or these orders:
(1) Separate shower rooms shall be provided for each sex. One shower facility with hot and cold water feeding a common discharge line shall be provided for each ten employees, or numerical fraction thereof, who are required to shower during the same shift. When there are less than five employees, the same shower room may be used by both sexes provided the shower room can be locked from the inside. (Title 24, part 5, section 5-910(a)2(F))

(2) Body soap or other appropriate cleansing agents convenient to the shower shall be provided.

(3) Employees who use showers shall be provided with individual clean towels.

Note: Authority and reference cited: Section 142.3, Labor Code.
HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment of subsection (e) filed 4-27-79; effective thirtieth day thereafter (Register 79, No. 17).

3. Amendment filed 1-23-81; effective thirtieth day thereafter (Register 81, No. 4).

4. Amendment filed 10-2-81; effective thirtieth day thereafter (Register 81, No. 40).

5. Amendment filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3).

6. Repealer of EXCEPTION (2) and renumbering of EXCEPTION (2) to (1) filed 5-9-91; operative 6-8-91 (Register 91, No. 25).

7. Amendment of EXCEPTION and editorial correction of History 6. filed 12-23-91; operative 1-22-92 (Register 92, No. 12).

8. Editorial correction of printing error restoring inadvertently omitted subsections (f)(1)-(3) (Register 92, No. 26).

9. Editorial correction of printing error in subsection (d) (Register 92, No. 33).



Title 8 California Code of Regulations Section 3367:

Change Rooms

(a) Whenever employees are required to change from street clothes into protective clothing, change rooms equipped with storage facilities for street clothes and separate storage facilities for the protective clothing shall be provided.

(b) Where working clothes are provided by the employer and become wet or are washed between shifts, provision shall be made to ensure that such clothing is dry before reuse.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment filed 1-17-86; effective thirtieth day thereafter (Register 86, No. 3).



Title 8 California Code of Regulations Section 3368:

Consumption of Food and Beverages

(a) Application. This Section shall apply only where employees are permitted to consume food or beverages, or both, on the premises.

(b) Prohibited Areas. Food and beverages shall not be stored or consumed in a toilet room or in an area where they may be contaminated by any toxic material.

EXEMPTION: Penal institution gun posts containing a water closet and lavoratory and only one occupant per shift.

(c) Waste Disposal Containers. Receptacles constructed of smooth, corrosion-resistant, easily cleanable or disposable materials shall be provided and used for the disposal of food waste. The number, size and location of such receptacles shall encourage their use and not result in over filling. Receptacles containing food waste shall be emptied not less than once each working day and shall be maintained in a clean and sanitary condition. They shall be provided with solid, tight-fitting covers unless sanitary conditions can be maintained without the use of covers.

(d) Food Handling/Service. All facilities providing food or beverage service for employees shall be operated in accordance with sound hygienic principles. Food shall be processed, prepared, handled, served and stored in such a manner as to be protected against contamination and spoilage.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

HISTORY

1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No. 29).

2. Amendment of subsections (b) and (d) filed 9-19-80; effective thirtieth day thereafter (Register 80, No. 38).




Lawzilla - 16,000+ Web Pages Providing Legal and Business Information Since 1999

Home | Legal | Privacy | Contact