OSHA publishes Best-Practice Guide for transgender bathroom access in the workplace
93 replies, posted
The news is a little old (from last month), but I still thought it was really cool that OSHA is taking this stuff on:
[quote][B]WASHINGTON[/B] – The Occupational Safety and Health Administration today published a Guide to Restroom Access for Transgender Workers*. The publication provides guidance to employers on best practices regarding restroom access for transgender workers.[B] The guide was developed at the request of the National Center for Transgender Equality, an OSHA Alliance partner that works collaboratively with the agency to develop products and materials to protect the safety and health of transgender workers.[/B]
OSHA's Sanitation standard 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.
[B]"The core principle is that all employees, including transgender employees, should have access to restrooms that correspond to their gender identity," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "OSHA's goal is to assure that employers provide a safe and healthful working environment for all employees."[/B]
Many companies have implemented written policies to ensure that all employees–including transgender employees–have prompt access to appropriate sanitary facilities. The core belief underlying these policies is that all employees should be permitted to use the facilities that correspond with their gender identify. For example, a person who identifies as a man should be permitted to use men's restrooms, and a person who identifies as a woman should be permitted to use women's restrooms.
The publication includes a description of best practices and also makes employers aware of federal, state and local laws that reaffirm the core principle of providing employees with access to restroom facilities based on gender identification.
[/quote]
Source: [url]https://www.osha.gov/newsrelease/trade-20150601.html[/url]
Here is the Best-Practice Guide if you're interested:
[url]https://www.osha.gov/Publications/OSHA3795.pdf[/url]
This sets an incredible precedent. Hopefully it catches on.
Oh man, this'll be funny.
If you don't know, YOU HAVE TO FOLLOW OSHA standards or you get massive fines and your workers can sue.
[QUOTE=Swilly;48231688]Oh man, this'll be funny.
If you don't know, YOU HAVE TO FOLLOW OSHA standards or you get massive fines and your workers can sue.[/QUOTE]
Unfortunately, best practice guides aren't technically standards, and thus aren't legally enforceable.
nonetheless, I'd be willing to bet that a transgender person being refused access to the appropriate bathroom could absolutely make a winning argument to OSHA against their employer.
Never saw the point of gender segregated bathrooms myself. I doubt women will be harmed by seeing urinals.
[QUOTE=Timebomb575;48231742]Unfortunately, best practice guides aren't technically standards, and thus aren't legally enforceable.
nonetheless, I'd be willing to bet that a transgender person being refused access to the appropriate bathroom could absolutely make a winning argument to OSHA against their employer.[/QUOTE]
They are legally enforceable and they are standards. OSHA sets the American standards for safety in work place environments from ladders to other things.
OHSA has a lot of power, most if not all ladders will have, plastered on the side, "Certified by OSHA" and then have all the limits and weights and uses for that specific ladder underneath.
Most companies follow the standards as it provides a consistent shield against lawsuits, if you meet OSHA standards, if someone is injured the company is protected because they followed the necessary standards and procedures.
[quote]"The core principle is that all employees, including transgender employees, should have access to restrooms that correspond to their gender identity," said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. "OSHA's goal is to assure that employers provide a safe and healthful working environment for all employees."[/quote]
So wait, like, do employers have to make a bathroom type for every gender identity there is or something? What qualifies a specific type of gender to get a restroom, and what qualifies others as not? I've seen line a hundred and fifty of them and I don't see anybody making every one of those.
Or is it just "mtf get access to female bathrooms, ftm get access to male bathrooms", because I can see this being uncomfortable to quite a few people, even if it'd be tough for the person in question. I guess you have to weigh what's more important, the comfort of a majority of your employees, or the comfort of a minority.
[QUOTE=minilandstan;48231769]So wait, like, do employers have to make a bathroom type for every gender identity there is or something? What qualifies a specific type of gender to get a restroom, and what qualifies others as not? I've seen line a hundred and fifty of them and I don't see anybody making every one of those.
Or is it just "mtf get access to female bathrooms, ftm get access to male bathrooms", because I can see this being uncomfortable to quite a few people, even if it'd be tough for the person in question. I guess you have to weigh what's more important, the comfort of a majority of your employees, or the comfort of a minority.[/QUOTE]
Being in same bus as a black person was uncomfortable to some at some point. That's not an excuse
No one's going to make apache attack helicopter bathroom. It's just male or female.
The standard of gender identity still remains male/female as humans have never been anything else, so employers don't need to establish a genderferrofluid mayonaise robot washroom
[QUOTE=minilandstan;48231769]So wait, like, do employers have to make a bathroom type for every gender identity there is or something? What qualifies a specific type of gender to get a restroom, and what qualifies others as not? I've seen line a hundred and fifty of them and I don't see anybody making every one of those.
Or is it just "mtf get access to female bathrooms, ftm get access to male bathrooms", because I can see this being uncomfortable to quite a few people, even if it'd be tough for the person in question. I guess you have to weigh what's more important, the comfort of a majority of your employees, or the comfort of a minority.[/QUOTE]
The key to the issue is the employees. If the employees get bothered by this, you're in deep shit.
There was a woman i used to work with who decided to be a man and identified himself as that. She(he) used our mens bathroom and there were no problems with it.
[QUOTE=Swilly;48231755]They are legally enforceable and they are standards. OSHA sets the American standards for safety in work place environments from ladders to other things.
OHSA has a lot of power, most if not all ladders will have, plastered on the side, "Certified by OSHA" and then have all the limits and weights and uses for that specific ladder underneath.
Most companies follow the standards as it provides a consistent shield against lawsuits, if you meet OSHA standards, if someone is injured the company is protected because they followed the necessary standards and procedures.[/QUOTE]
Im an OSHA compliance officer, trust me I know what is and isnt a standard :v:
Best practices are basically "strong suggestions" that illustrate OSHAs point of view. They technically cant legally enforce a best practice. They can enforce other standards referenced in a best practice guide, but not the BPs themselves.
As I siaid though, someone not being allowed the correct facilities would have a pretty damn strong argument against their employer anyway.
I love how right wingers use the excuse that people can just fake being trans in order to use the other restroom to peep. Even ignoring the fact that gay people could always do this, the obvious solution is to simply report someone if you catch them doing it, leading to an arrest and/or firing. It's not like being trans makes you immune to facing consequences for your actions.
[QUOTE=Rangergxi;48231753]Never saw the point of gender segregated bathrooms myself. I doubt women will be harmed by seeing urinals.[/QUOTE]
No, they're segregated because too many creepy perverts want to watch women go to the bathroom with mirrors and/or hidden cameras.
[QUOTE=Rangergxi;48231753]Never saw the point of gender segregated bathrooms myself. I doubt women will be harmed by seeing urinals.[/QUOTE]
It's more about the worry of sexual assaults taking place if bathrooms are open to both sexes at the same time.
[QUOTE=jangalomph;48231843]There was a woman i used to work with who decided to be a man and identified himself as that. She(he) used our mens bathroom and there were no problems with it.[/QUOTE]
I'm fairly positive the issue's going to be the other way around given how these sort of issues have gone historically
Also keep in mind abuse of the system can be limited - OSHA has no say in a valid sexual harassment complaint when bob decides he's gonna bobette and use the ladies purely to catcall the female co-workers and spy on them
[editline]17th July 2015[/editline]
[QUOTE=Mr. Someguy;48231881]It's more about the worry of sexual assaults taking place if bathrooms are open to both sexes at the same time.[/QUOTE]
That and unisex bathrooms are typically designed for solo use. Women also have further sanitary concerns to use the restroom for than their male counterparts and may full uncomfortable addressing them in a shared space.
[QUOTE=agentfazexx;48231880]No, they're segregated because too many creepy perverts want to watch women go to the bathroom with mirrors and/or hidden cameras.[/QUOTE]
of which there are no gay perverts
I've always thought, why not just have urinal and toilet symbols on the toilets instead of stick figure with no skirt and stick figure with skirt? If you're worried about confusion, then just have one be a urinal / toilet symbol if there are both in the room.
[QUOTE=Timebomb575;48231872]Im an OSHA compliance officer, trust me I know what is and isnt a standard :v:
Best practices are basically "strong suggestions" that illustrate OSHAs point of view. They technically cant legally enforce a best practice. They can enforce other standards referenced in a best practice guide, but not the BPs themselves.
As I siaid though, someone not being allowed the correct facilities would have a pretty damn strong argument against their employer anyway.[/QUOTE]
See, I get the opposite from an OSHA compliance officer I know who comes around every so often at the supermarket I work at.
[QUOTE=Swilly;48231963]See, I get the opposite from an OSHA compliance officer I know who comes around every so often at the supermarket I work at.[/QUOTE]
You might be misunderstanding him, STANDARDS are legally enforcable, BEST PRACTICES arent.
[QUOTE=Timebomb575;48232065]You might be misunderstanding him, STANDARDS are legally enforcable, BEST PRACTICES arent.[/QUOTE]
Most likely. Or I might be mixing the two together.
[QUOTE=Jamsponge;48231921]I've always thought, why not just have urinal and toilet symbols on the toilets instead of stick figure with no skirt and stick figure with skirt? If you're worried about confusion, then just have one be a urinal / toilet symbol if there are both in the room.[/QUOTE]
Because man-figure and female-figure are far more recognizable.
Plus far more people identify with their sex so you're inconveniencing a lot of people doing something the few Trans* people you might know don't even need.
[QUOTE=Rangergxi;48231753]Never saw the point of gender segregated bathrooms myself. I doubt women will be harmed by seeing urinals.[/QUOTE]
Ya but back in the day women's bathrooms were also their breakrooms, you know, women like to have a snack in the bathroom or discuss things with co-workers while everybody else is relieving themselves, men didn't have this luxury you know, they had to go to a separate room to have their breaks
[QUOTE=itisjuly;48231802]Being in same bus as a black person was uncomfortable to some at some point. That's not an excuse
No one's going to make apache attack helicopter bathroom. It's just male or female.[/QUOTE]
Couldn't we just get around this by having same sex bathrooms?
[QUOTE=Canuhearme?;48232267]Because man-figure and female-figure are far more recognizable.
Plus far more people identify with their sex so you're inconveniencing a lot of people doing something the few Trans* people you might know don't even need.[/QUOTE]
idk how a symbol of a urinal replacing a totally featureless stick figure "inconveniences" somebody. I mean, it's pretty fucking obvious what's behind door number one right (hint: it's not a car or a vacation for your family).
i don't understand the gaps in stalls, above and below. they don't have that here in japan, it is fully enclosed and you know if a stall is occupied or not if the door is closed or opened, respectively. in a unisex bathroom i feel that would solve some of the issues with creeps
Gotta love all the people who goes "hurrdurr sexual assault" at same sex bathrooms, like that's both incredibly sexist(implying that men can't control themselves as soon as they get in the same room as a woman), and completely forgetting that there's usually more than two people in there at once.
Just give every toilet a cubicle. There, bam, done.
Gender identity shouldn't be considered a valid reason to use a restroom of your choice. Restrooms should correspond to your physical gender, regardless of whether or not you were born a member of said gender.
[QUOTE=Lurr;48236030]Gender identity shouldn't be considered a valid reason to use a restroom of your choice. Restrooms should correspond to your physical gender, regardless of whether or not you were born a member of said gender.[/QUOTE]
You know 'physical gender' doesn't exist, right? You're thinking of sex.
Plus, can you imagine Laverne Cox:
[img_thumb]http://primetime.unrealitytv.co.uk/wp-content/uploads/2014/07/Laverne-cox-its-annual-new-york-summer-benefit-01.jpg[/img_thumb]
Going into the men's bathroom?
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