Portable Sanitation Association International

43 2018 INDUSTRY RESOURCE DIRECTORY The trailers to which this law applies are toilet facilities with no more than one water closet and one urinal and with a locking mechanism controlled by the user—generally, these are trailers with separate entrances into self-contained water closets.The law does not cover trailers with gender-designated entrances to multi-stalled areas. You can read the full text of California Assembly bill 1732 at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_ id=201520160AB1732. Portable restroom operators should change all gender-specific signage on the affected trailers to indicate the restroom is available for all users; that is, all gender-specific signage should be replaced with gender-neutral signage. Manufacturers selling units for use in California should also be aware of the law and adjust their signage to conform with what is required. As California goes, so goes the nation? At present, this law only pertains to California. Like many other laws that have first changed in California, though, it is certainly possible this one will affect other areas. An indication of this is the March 2015 decision of the Equal Employment Opportunity Commission relating to restroom access for transgendered individuals under federal law (read it at https://www.eeoc.gov/ decisions/0120133395.txt) and a June 2015 "Guide to Restroom Access for Transgender Workers" published by OSHA (read it at https://www.osha.gov/ Publications/OSHA3795.pdf). In December 2016, the city of Denver, Colorado adopted an ordinance with provisions similar to California's, as well. On the other hand, some states are taking a more restrictive stance to toilet access. The controversy surrounding North Carolina's transgender bathroom law (now partially repealed) resulted in the state losing $600 million as of late 2016 in canceled conferences, sporting events, and concerts. Within the state and elsewhere, controversy still rages about this issue, with some additional states considering laws similar to North Carolina's act and other states repudiating them. In the end, though, money talks. We have heard of concerts and other events going forward on the provision that gender-neutral restrooms will be made available. The Target chain is in the process of making gender-neutral restrooms available in all its US stores. It is unclear whether the Trump administration will weigh in or amend previously provided guidance through OSHA. Regardless, it appears likely that having a gender-neutral restroom option will become more commonplace as time passes. Yet it seems doubtful that gender- neutral restrooms will completely replace gender-specific restrooms for a variety of reasons. If we had to guess—and it is only a guess, since our crystal ball is broken—we would suppose that over the next several years gender-neutral restrooms will be a necessary third option in locations of public accommodation. In summary, the issue of gender-neutral bathrooms remains controversial. However, it probably makes good business sense for portable restroom operators to be aware of the evolving situation and prepare to make adjustments. Even without law changes, changing opinions and economic impacts may influence what your customers ask for. You'll want to be ready to respond. 1-800-321-OSHA (6742) 1 www.osha.gov A Guide to Restroom Access for Transgender Workers Introduction The Department of Labor's (DOL) Occupational Safety and Health Administration (OSHA) requires that all employers under its jurisdiction provide employees with sanitary and available toilet facilities, so that employees will not suffer the adverse health effects that can result if toilets are not available when employees need them. This publication provides guidance to employers on best practices regarding restroom access for transgender workers. OSHA's goal is to assure that employers provide a safe and healthy working environment for all employees. Understanding Gender Identity In many workplaces, separate restroom and other facilities are provided for men and women. In some cases, questions can arise in the workplace about which facilities certain employees should use. According to the Williams Institute at the University of California-Los Angeles, an estimated 700,000 adults in the United States are transgender—meaning their internal gender identity is different from the sex they were assigned at birth (e.g., the sex listed on their birth certificate). For example, a transgender man may have been assigned female at birth and raised as a girl, but identify as a man. Many transgender people transition to live their everyday life as the gender they identify with. Thus, a transgender man may transition from living as a woman to living as a man. Similarly, a transgender woman may be assigned male at birth, but transition to living as a woman consistent with her gender identity. Transitioning is a different process for everyone—it may involve social changes (such as going by a new first name), medical steps, and changing identification documents. Why Restroom Access Is a Health and Safety Matter Gender identity is an intrinsic part of each person's identity and everyday life. Accordingly, authorities on gender issues counsel that it is essential for employees to be able to work in a manner consistent with how they live the rest of their daily lives, based on their gender identity. Restricting employees to using only restrooms that are not consistent with their gender identity, or segregating them from other workers by requiring them to use gender-neutral or other specific restrooms, singles those employees out and may make them fear for their physical safety. Bathroom restrictions can result in employees avoiding using restrooms entirely while at work, which can lead to potentially serious physical injury or illness. OSHA's Sanitation Standard Under OSHA's Sanitation standard (1910.141), employers are required to provide their employees with toilet facilities. This standard is intended to protect employees from the health effects created when toilets are not available. Such adverse effects include urinary tract infections and bowel and bladder problems. OSHA has consistently interpreted this standard to require employers to allow employees prompt access to sanitary facilities. Further, employers may not impose unreasonable restrictions on employee use of toilet facilities. Core principle: All employees, including transgender employees, should have access to restrooms that correspond to their gender identity. BestPractices GENDER NEUTRAL RESTROOM ALL-GENDER RESTROOM Gender, Special Needs, and the Law

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