OSHA design?

[JPohling]

Project location is California.
We completed some restroom remodels about 3 years ago. They are in full compliance with the California building codes in terms of accessibility and minimum plumbing fixture counts. Fast forward to today and we receive a call that there is a sub tenant that has filed a formal violation with OSHA that there are not enough water closets available for the men. They provided an OSHA document that indicates the quantity of water closets required by the number of male employees and it is 1 water closet short.

I am not quite sure how to address this as we do not design to OSHA standards.
Have any of you experienced this and how did you resolve?

Thank you for your responses.

 

[RLGA]

What are they using as the number of people? OSHA only applies to the number of employees and not to other occupants of the building (e.g., visitors, guests, etc.). If they are basing the number of water closets on the occupant load per the building code, then they are mistaken.

The source is 29 CFR 1910.141(c)(1)(i) and Table J-1.

 

[ICE]

Be aware that California has Cal-Osha and blue rooms are Cal-Osha approved.

 

[JPohling]

Be aware that California has Cal-Osha and blue rooms are Cal-Osha approved.

Dare I ask what is a blue room?

 

[JPohling]

What are they using as the number of people? OSHA only applies to the number of employees and not to other occupants of the building (e.g., visitors, guests, etc.). If they are basing the number of water closets on the occupant load per the building code, then they are mistaken.

The source is 29 CFR 1910.141(c)(1)(i) and Table J-1.

My understanding is they are basing their requirement on the number of male employees they have

 

[RLGA]

Here's the problem with OSHA's approach to regulating the number of plumbing fixtures: They cannot control who the employer hires. The employer may have hired so many males and females and within six months that number may change dramatically. If employers hired personnel based on the number of water closets in their restrooms, then they'd be looking at a completely different set of complaints that are much worse.

Should employers be required to renovate restrooms as the male/female mix changes? I think OSHA should stay out of the fixture count business and leave that to the building code.

On another perspective, do male employees have access to other restrooms in the building? OSHA (thank goodness) doesn't regulate distance or number of stories an employee must travel to reach a restroom.

 

[JPohling]

Here's the problem with OSHA's approach to regulating the number of plumbing fixtures: They cannot control who the employer hires. The employer may have hired so many males and females and within six months that number may change dramatically. If employers hired personnel based on the number of water closets in their restrooms, then they'd be looking at a completely different set of complaints that are much worse.

Should employers be required to renovate restrooms as the male/female mix changes? I think OSHA should stay out of the fixture count business and leave that to the building code.

On another perspective, do male employees have access to other restrooms in the building? OSHA (thank goodness) doesn't regulate distance or number of stories an employee must travel to reach a restroom.

Yes they are on multiple floors and that is our strategy. They can go up or down a floor and they will be in compliance barely.
Other strategy is fire a couple guys and hire a couple women and your good! HA

 

[RLGA]

Yes they are on multiple floors and that is our strategy. They can go up or down a floor and they will be in compliance barely.
Other strategy is fire a couple guys and hire a couple women and your good! HA

Or, maybe there's a Samuel and a Robert that will be a Samantha and a Roberta in a few months.

I'd be curious as to what OSHA's decision is following its investigation if it gets that far. Keep us informed...

 

[mtlogcabin]

Or, maybe there's a Samuel and a Robert that will be a Samantha and a Roberta in a few months.

In a few months heck they could change their minds in the middle of the day. My understanding it is all about how they "feel" or "identify" which can change throughout the day

 

[ICE]

Dare I ask what is a blue room?

 

[Sleepy]

What a thicket.

My understanding is that OSHA itself generally does not apply unless the state has adopted OSHA or it is a federal government workplace, or over water. The corresponding state workplace safety regulations would apply. In the case of California the regulations appear to be essentially the same, however. I did notice that federal OSHA for over 150 employees says "1 additional fixture for each additional 40 employees" but CA seems to say "1 additional for each additional 40 employees or fraction hereof" (not sure how to cite it, but Subchapter 7, Group 2, Article 9, §3364 Sanitary Facilities.) So that could be a problem.

Bigger picture though, the workplace safety regulations require the employer's compliance and it is up to them to figure out how. And, it seems pretty difficult to design a building for all possible future scenarios especially if you don't have any knowledge of future sub-tenant's employee count or mix.