It’s time to flush another road rumor.
For the past several years, there has been a lot of conversation about restroom access as many shipping and receiving facilities started turning truckers away during the height of the pandemic.
Recently, some have suggested that a federal plumbing code requires businesses that interact with the public to allow anyone to use their restrooms if they ask.
No. 1, there is an International Plumbing Code, which basically serves as the recommended plumbing rules for states and municipalities. The code focuses on the design and installation of plumbing systems for businesses and other public buildings.
The 2021 International Plumbing Code does include an entry about employee and public toilet facilities:
For structures and tenant spaces intended for public utilization, customers, patrons and visitors shall be provided with public toilet facilities. Employees associated with structures and tenant spaces shall be provided with toilet facilities.
However, the International Plumbing Code is not a federal law. Public restroom laws can vary by state and city. Meanwhile, the Occupational Safety and Health Administration does require employers to provide all workers with “sanitary and immediately available toilet facilities.”
No. 2, there is legislation called the Restroom Access Act, or Ally’s Law, that requires retail businesses with employee toilets to allow customers with specific medical conditions to access them if needed. According to the American Restroom Association, several states have passed versions of this law. Usually, the law requires a person to show proof of an eligible medical condition to a business owner or employee.
But this isn’t a law in every state, and it applies only to people with such medical conditions as Crohn’s disease or ulcerative colitis.
So, no, there is not a federal law requiring every business to let you use their restroom just because you ask.
However, steps are being taken to help truck drivers access restrooms while working at a shipping or receiving facility.
With the help of the Owner-Operator Independent Drivers Association, Rep. Troy Nehls, R-Texas, introduced the Trucker Bathroom Access Act. The bill simply requires shipper and receiver facilities that have restrooms accessible to their customers and employees to provide truck drivers delivering or receiving a load with access to restrooms. The legislation would not require businesses to construct new restrooms.
Although the legislation hasn’t gained much traction as a standalone bill, the Trucker Bathroom Access Act is included in the House Transportation and Infrastructure Committee’s BUILD AMERICA 250 Act. The T&I committee’s highway bill advanced out of committee and will next go to the full House for a vote.
Additionally, New Hampshire Gov. Kelly Ayotte recently signed a bill requiring businesses to allow truck drivers to use existing restrooms during deliveries or pickups. LL
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