State clarifies rules on new restroom-signage law

Does your business have the right kind of sign on restroom doors? You might want to check.

A new California law that took effect March 1 requires that all "single-user toilet facilities" in any business establishment, place of public accommodation or government agency bear a sign indicating the toilet is for the use of all genders. The law authorizes inspectors, building officials or other local officials responsible for code enforcement to check for compliance. Gov. Jerry Brown signed Assembly Bill 1732 by Phil Ting, D-San Francisco, into law last September.

The "business establishment" clause in the bill initially sowed some confusion in the fields. For starters, is an agricultural field a business establishment?

"There's ambiguity, because 'business establishment' is not defined under the new law," said Carl Borden, associate counsel for the California Farm Bureau Federation. "It may well mean the premises of a business, regardless of whether the premises are enclosed in a structure."

On that basis, he said, a farm field could count as a business establishment. But he said Cal/OSHA has determined that portable toilets brought in for field employees under the agency's field sanitation standard are not covered by the new signage law.

AB 1732, now enshrined in law as Health and Safety Code Section 118600, defines a single-user toilet facility as "a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user."

Borden said Cal/OSHA's interpretation of the law hinged on the definition of the term "water closet."

"'Water closet' is not defined in the new signage statute, but it does have the generally accepted meaning of being a flush toilet," he said, adding that the California Building Code, which deals with fixed buildings, addresses the use of water closets. "In fact, the Cal/OSHA sanitary facilities standard, which applies to non-mobile places of employment, uses the Building Code definition of 'water closet' as a plumbing fixture flushed with water."

Borden noted the distinction to an official at Cal/OSHA, pointing out that the portable chemical toilets typically provided under the field sanitation standard aren't flushable, and thus are not covered by the new signage law.

Within 24 hours after Borden notified Cal/OSHA, the agency updated its website to note the distinction, Borden said, as it appeared Cal/OSHA had initially concluded the new law did cover those portable toilets.

"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," according to the updated Cal/OSHA website at www.dir.ca.gov/dosh/toilet-facilities-FAQ.html.

"I think (this) is a good result, because it alleviates doubt about whether the providers of those field toilets have to buy and attach all-gender signs on them," Borden said.

The Cal/OSHA field sanitation standard generally requires one toilet facility for each 20 employees of each sex. Bryan Little, chief operating officer of the Farm Employers Labor Service, gave this example: If a farmer has a crew of 19 men and one woman, the farmer needs to supply two toilets: one for the woman, the other for the 19 men.

In contrast, employers with single-user facilities with flushable toilets, such as in packing sheds, dairy barns, offices and other indoor facilities, must apply the new signs.

To meet the law's requirement, Borden said, all-gender signs must consist of a 12-inch diameter circle with an equilateral triangle superimposed on it. The two shapes must each be one-quarter inch thick and be in contrasting colors.

He noted the signs can cost anywhere from $20 to $50 and up, apiece.

(Kevin Hecteman is an assistant editor of Ag Alert. He may be contacted at khecteman@cfbf.com.)