Frequently Asked Question about Toilet Facilities

Q.Under Assembly Bill 1732, employers must identify single-user toilet facilities as all-gender. Is Cal/OSHA enforcing this requirement instead of the requirement in Title 8 that employers provide separate toilet facilities for males and females?

A.Title 8 regulations found in section 1526 (construction), section 3364 (general industry), section 3457 (agricultural operations), and section 5192 (hazardous waste operations and emergency response) require employers to provide separate toilet facilities for males and females based on the numbers of employees of each sex.

However, Assembly Bill 1732, enacted as Health and Safety Code section 118600, requires the following: "All single-user toilet facilities in any business establishment, place of public accommodation, or state or local government agency shall be identified as all-gender toilet facilities by signage that complies with Title 24 of the California Code of Regulations, and designated for use by no more than one occupant at a time or for family or assisted use." For the purposes of section 118600, “single-user toilet facility” means a toilet facility with no more than one water closet (or flush toilet) and one urinal with a locking mechanism controlled by the user.

Health and Safety Code section 118600 takes precedence over the requirements of Title 8 sections 1526, 3364, 3457, and 5192 in cases where employers provide single-user toilet facilities with flush toilets for their employees. In those situations, Cal/OSHA still enforces the total numbers of toilet facilities required for males and females combined, as well as the individual numbers required for males and females separately, as provided in Title 8 sections 1526, 3364, 3457, and 5192, but no longer enforces the requirement that a toilet facility with a flush toilet be designated as single-gender if it is single-user.

Toilet facilities that are multiple-user or that contain other than a flush toilet (e.g., chemical toilets, recirculating toilets, combustion toilets, biological toilets, and sanitary privies) are not covered by section 118600 and must still be provided separately for males and females.

NOTE: Cal/OSHA does not have the authority to enforce and issue citations for violation of Health and Safety Code section 118600.

Revised March 30, 2017