Reasonable judgment is needed in evaluating the proximity of required sanitary facilities.

Standard Number: 1910.141(c)

July 5, 1983

Ms. Jeanne E. Fisher501 West University ParkwayBaltimore, Maryland 21210

Dear Ms. Fisher:

This is in response to your letter of May 11, 1983, to Secretary of Labor, Raymond J. Donovan, requesting a clarification of 29 CFR 1910.141(c). Please accept my apology for the delay in responding.

There are no specific distance or location requirements for toilet facilities in 29 CFR 1910.141(c). An employer is, however, expected to use reasonable judgment in evaluating the proximity of sanitary facilities to employees. If an employer provides the required toilet facilities for all employees in the same building and provides unobstructed free access to them, it appears the intent of the standard would be met; however, one floor serving 20 floors does not appear reasonable or appropriate.

This interpretation is based on the Federal standard for sanitation. The State of Maryland, however, administers its own program of workplace safety and health standards under the authority of Section 18 of the Occupational Safety and Health Act. The Maryland program generally adopts standards identical to the equivalent Federal standards.

For information on the Maryland program you may contact:

Nancy Burkheimer, Deputy Commissioner
Maryland Division of Labor and Industry
Department of Licensing and Regulation
501 St. Paul Place
Baltimore, Maryland 21202
Telephone: (301) 659-4176

If I may be of further assistance, please feel free to contact me.

Sincerely,

Thorne G. Auchter
Assistant Secretary